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BCC Minutes 04/18/1995 R REGULAR MEETING OF APRIL 18, 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 9:05 a.m. In REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the CHAIRPERSON: VICE-CHAIRMAN: following members present: ALSO PRESENT: Bettye J. Hatthews John C. Norris Timothy J. Constantine Pamela S. Hac'Kie Timothy L. Hancock W. Neil Dotrill, County Hanager Kenneth B. Cuyler, County Attorney CHAIRPERSON MATTHEWS: We'll call to order the board of county commission meeting for April 18, 1995. Mr. Dotrill, would you lead us in an invocation and pledge? MR. DORRILL: Heavenly Father, we thank you as always this morning for the wonder and beauty of Collier County. We thank you for the wonderful weather that we've enjoyed recently. Father, we thank you for your grace and your love and your protection. As always, we pray that you guide the deliberations of this county commission today as they make important business decisions that affect our community, and we ask always that you bless our time here together. We pray these things in Your Son's holy name. Amen. (The Pledge of Allegiance was recited in unison.) Items #2 and #2A AGENDA AND CONSENT AGENDA - APPROVED WITH CHANGES CHAIRPERSON MATTHEWS: Woops. Hr. Dorrill, are there changes to the agenda? MR. DORRILL: Yes, ma'am. Good morning, Commissioners. Very few. I have a request to continue one item -- it's 16-A-6 under the community development portion of the consent agenda -- for one week until the meeting of April the 25th. It's a routine item as it pertains to utilities acceptance agreements for a project known as Falcon Ridge. I have two agenda notes -- that concludes the changes -- two agenda notes or requests today for time certain discussions, the first which was received from the chief judge of the circuit and his office, Judge Reese, that item 8-H-6 as it concerns policy decisions regarding the funding and support of the circuit county court system be heard at 1:30 this afternoon. That was a request in order to assist both his docket schedule today as well as other Collier County judges who asked to participate in that. The other request that we have that we -- we should probably discuss is a time specific request for 12-C-1 which is under public hearings, but it's a resolution establishing new commission district boundaries in accordance with a provision in the Florida statutes. There are a group of citizens who are here this morning from Wyndemere, and I would imagine it's most of the smiling people sitting on this side of the room here who had asked -- COHMISSIONER HANCOCK: They're not all -- they're not all smiling, Neil. MR. DORRILL: Well, it's still a little early. Some of them are -- who had asked that a time certain be coordinated, and we had the request at 11 a.m. They are here and -- and have asked if perhaps their testimony could be given in advance of that. This public hearing, though, affects districts countywide, and Ms. Matthews has also reminded me that there may be people from Poinciana Village who have also concerns. And so you may want to split the hearing and take testimony from these folks since they've asked for a time certain. It would otherwise be held, I believe, at the conclusion of the regular meeting or during the afternoon session as it was shown on the index. And that's the only changes and/or requests that were received in our office. CHAIRPERSON MATTHEWS: Okay. With respect to the 12 -- what is it? 12-C-17 COMMISSIONER CONSTANTINE: Yeah. CHAIRPERSON MATTHEWS: I -- I do have some concern because that was published in the newspaper, the agenda, showing it as being an afternoon public hearing. And while I appreciate the concerns of the people who are here, it -- the -- it would be my feeling that we should split the public hearing if our attorney tells us that that's an appropriate thing to do with the public hearing. I would not want to hear the entire issue this morning because I -- I feel that there may be a number of people who are planning to come this afternoon based on what the published agenda is. MR. CUYLER: You can open your public hearing this morning. They just need to understand you're not going to be making your decision till you hear everything, and that would be this afternoon. CHAIRPERSON MATTHEWS: Is the board interested in doing that? COMMISSIONER MAC'KIE: Just a question. I -- perhaps I just missed it. But what was the genesis of the request? Who -- who asked for -- CHAIRPERSON MATTHEWS: Wyndemere. Wyndemere asked. MR. DORRILL: The -- the folks from Wyndemere, and they have a representative who is this gentleman if you'd raise your hand, sir. He specifically asked me when I came into the meeting this morning. And I -- for those types of things I always say, well, it's at the discretion of the board. But any time I get a request for a time certain, then I refer that to the board. COMMISSIONER MAC'KIE: My curiosity is that they're here at 9 but they would have sat here till 11, God bless you, but why didn't you ask for 9:30 was my question? COMMISSIONER HANCOCK: I -- I think one of the ideas here is that 11 a.m., it's close enough to the noontime that it's not going to be lost from a morning to an afternoon item. COMMISSIONER MAC'KIE: I see. COMMISSIONER HANCOCK: And if it's this board's desire, I certainly support Commissioner Matthews' suggestion that we do split the public hearing, hear from the concerns of Wyndemere residents at 11 a.m., and then as the item comes up on the agenda, we'll hear the additional input from the public and make a decision at that time. COHHISSIONER MAC'KIE: Works for me. CHAIRPERSON MATTHEWS: I count three. Is that fine? COHMISSIONER NORRIS: That's fine. CHAIRPERSON MATTHEWS: It'd be nice to get a consensus. COHMISSIONER CONSTANTINE: (Commissioner nodded head.) CHAIRPERSON MATTHEWS: Okay. Fine. We'll do that then. At 11 a.m. we'll take public input from Wyndemere and whoever else is here on item 12-C-1 and then continue the public hearing on that issue until the regularly scheduled agenda item. Okay. Are there any other changes to the agenda, Commissioner Norris? COHMISSIONER NORRIS: Nothing further. CHAIRPERSON MATTHEWS: Commissioner Hancock? COHMISSIONER HANCOCK: Yes, I would like to add a discussion item regarding the school zone in the Poinciana Village area along Airport Road. I don't see Mr. Archibald. I see you, Bill. I knew you'd be here. I don't see Mr. Archibald, but if you would kindly let him know, Mr. Dotrill, I'd like to add that as an item. MR. DORRILL: That would be 10-F. CHAIRPERSON MATTHEWS: 10-F? You want to put that in there or under transportation? 10-F. COMMISSIONER HANCOCK: We'll leave it at 10-F. That's fine. CHAIRPERSON MATTHEWS: As long as it's where we can make decisions. Is that all -- all, Commissioner Hancock? COMMISSIONER HANCOCK: That's all for me. CHAIRPERSON MATTHEWS: Commissioner Mac'Kie? COMMISSIONER MAC'KIE: Just that I need to abstain from one consent agenda item which is 16-A-5. CHAIRPERSON MATTHEWS: Okay. So noted. And Commissioner Constantine? COMMISSIONER CONSTANTINE: I'd like to add item 10-G, and that will be item regarding potential leave of absence for one of our planning commission members. CHAIRPERSON MATTHEWS: Okay. CCPC. I would like to remove from the consent agenda item 16-C-3 which refers to the commemoration of the 50th anniversary of World War II. My only purpose for doing this is I think it's a significant event that we ought to take a -- take a separate vote on it. MR. DORRILL: 8-C-2. CHAIRPERSON MATTHEWS: 8-C -- it is already 8-C-27 MR. DORRILL: No, it will be. CHAIRPERSON MATTHEWS: Oh, okay. I didn't think it was . MR. CUYLER: Madam Chairman, if there's no other items from the board, as a result of a couple calls that I got and also a couple people in the audience asked me to announce that the Lake Avalon item is not on today's agenda. Apparently a couple people are here, and I had gotten a couple calls about it. CHAIRPERSON MATTHEWS: Okay. So the Lake Avalon issue is not on the agenda today. Of course, if anyone wants to stay for the public comment between the morning and the afternoon session, you're free to do so. Those are the changes. Is there a motion? COHMISSIONER CONSTANTINE: I'll make a motion to approve the agenda and consent agenda with the one note Commissioner Hac'Kie must abstain from the one item. COHMISSIONER HANCOCK: Second. CHAIRPERSON MATTHEWS: We have a motion and a second to approve the agenda and consent agenda with a single abstention. All those in favor please say aye. Opposed? Motion passes five to zero. Item #3 MINUTES OF THE MARCH 17, 1995 BUDGET WORKSHOP AND MARCH 28, 1995 REGULAR MEETING - APPROVED AS PRESENTED COMHISSIONER CONSTANTINE: Madam Chairman, motion to approve the minutes of the budget workshop from March 17 and the regular meeting of March 28, 1995. COMHISSIONER HANCOCK: Second. COMHISSIONER MAC'KIE: Second. CHAIRPERSON MATTHEWS: We have a motion and a second to approve the minutes as designated. All those in favor please say aye. Opposed? Motion passes five to zero. Item #4A1 PROCLAMATION DESIGNATING APRIL 22, 1995, AS "EARTH DAY BIRTHDAY" - ADOPTED Proclamations and service awards. Our first one today is one we always enjoy each year. Commissioner Hancock, Earth Day birthday. COHMISSIONER HANCOCK: CHAIRPERSON MATTHEWS: Constantine. COHMISSIONER MAC'KIE: CHAIRPERSON MATTHEWS: Actually -- I'm sorry. Commissioner That Tim thing again. Earth Day birthday. I like it. COMHISSIONER CONSTANTINE: Changing my name. Is Ellie Krier here? Ellie, I'm sorry. Looking out the wrong way. Whereas, on April 22, 1995, the nation will observe the 25th anniversary of Earth Day; and whereas, the purpose of Earth Day is to focus the world's attention on the threat to our global environment and to teenforce our commitment to the protection and restoration of our land, our water, and the air we breathe; and whereas, Naples and Collier County will participate in the events through the combined efforts of the city and county governments, The Conservancy, other concerned organizations, businesses, and private citizens; and whereas, The Conservancy of Naples, Florida, is observing its 30th birthday, having been established in 1965, just a year after I was established, for the -- for the purpose of conserving the biodiversity, environmental quality, and natural resources of southwest Florida's native ecosystems for present and future generations through ecological research, environmental education, and public policy development; and whereas, the purpose of Earth Day Birthday at The Conservancy is to celebrate a fun and educational day with the overall message of creating unity toward the common goal of saving the environment, both globally and locally, through grass roots efforts, support, and awareness. Now, therefore, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that the day of April 22, 1995, be designated as Earth Day Birthday. Done and ordered this 18th day of April, 1995, Board of County Commissioners, Bettye J. Matthews, Chairman. Madam Chairman, I'd like to make a motion we approve this proclamation. COMHISSIONER NORRIS: Second. CHAIRPERSON MATTHEWS: We have a motion and a second to approve a proclamation for Earth Day Birthday. I like the sound of that. All those in favor please say aye. Opposed? There being none, motion passes five to zero. Tell us what's going to happen. MS. KRIER: I will. Thank you. I'm Ellie Krier, and on behalf of The Conservancy as well as the citizens of Collier County, thank you very much for recognizing this event. I think the 30th anniversary of Earth Day is perhaps one of our more important ones. Five years ago when we had the 25th birthday party, we were patting ourselves on the back. I think the 30th birthday party is a little more important because we need to pay attention again. We will have an all-day event for everybody in the county at The Conservancy. We would welcome you. I'll tell you right up front the cake and ice cream's at four o'clock, so do come for that. WOLZ is broadcasting live all day, and we expect an enormous number of people. Also we are doing water quality testing. If you wish to have your water tested, please call, make an appointment, and come get a sampling kit. And for a minimal fee we will be doing water testing for people as well. I think that's an important thing that we can offer for Earth Day. Thank you very much for recognizing this. CHAIRPERSON MATTHEWS: Thank you, Miss Krier. Item #4A2 PROCLAivLATION DESIGNATING THE WEEK OF APRIL 23 - 29, 1995, AS "NATIONAL VOLUNTEER WEEK" - ADOPTED Next proclamation, Commissioner Hancock now. COMMISSIONER HANCOCK: Is Mr. Burhans in the audience? MR. SANDERS: How about a stand-in? COMHISSIONER HANCOCK: I'll withhold comment in case Bob -- Bob's listening. COMMISSIONER CONSTANTINE: Several stand-ins. MR. SANDERS: We didn't say better. COMHISSIONER HANCOCK: Well, I was going to say that, but, you know, I didn't want to insult Bob. It's my pleasure to read this proclamation today. Whereas, the week of April 23 through 29, 1995, has been designated as National Volunteer Week; and whereas, the sheriff of Collier County has designated this week as Collier County Law Enforcement Volunteer Week in Collier County; and whereas, last year the volunteers of the Collier County Sheriff's Office unselfishly donated over 15,000 hours of service on behalf of the Collier County Sheriff's Office; and whereas, the volunteers of the Collier County Sheriff's Office perform in an exemplary, dedicated, and conscientious manner; and whereas, this special proclamation recognizes the tremendous contribution and experience our civilian volunteers bring to the Collier County Sheriff's Office and the community. Now, therefore, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that the week of April 23 through 29, 1995, be designated as Collier County Sheriff's Law Enforcement Volunteer Week. Done and ordered this 18th day of April, 1995. Signed, Bettye J. Matthews. Madam Chairman, I move that we accept this proclamation. COMHISSIONER MAC'KIE: Second. CHAIRPERSON MATTHEWS: We have a motion and a second to accept the proclamation. All those in favor please say aye. Motion passes five to zero. COMHISSIONER HANCOCK: I wonder if all of you since you are armed would like to make comments. CHAIRPERSON MATTHEWS: Congratulations. What else is happening other than the add-on? MR. SANDERS: Madam Chairman and Commissioners, I'd like to accept this on behalf of the Collier County Sheriff's Office and for the volunteers that have given all these hours to the Collier County Sheriff's Office. And I'd like to say without them, a lot of the duties that we do perform both on the law enforcement side and the civilian side in the clerical that a lot of duties would go undone. I'd also like to introduce these two people to you if you don't mind. Lieutenant Pat Mullen, who's in charge of the auxiliary side of the house which is law enforcement guys who come out and volunteer their time in uniform and assist us in uniformed patrol, and Barb Dosanzo, who's the new coordinator for the volunteer program on the civilian side, has been very active since she has joined us in the sheriff's office and has enhanced it quite well. We would like to thank you once again for recognizing these important people with the Collier County Sheriff's Office. Thank you. COMMISSIONER MAC'KIE: Just a -- a small comment, too, having -- having recently started looking at -- at the sheriff's budget from years before. The taxpayers of Collier County owe a great debt to the volunteers because we would be bearing a much greater tax burden but for the elimination of the services that they provide. So thank you. MR. SANDERS: Yes, ma'am. Thank you. Item #4A3 PROCLAMATION DESIGNATING THE WEEK OF APRIL 17 - 21, 1995, AS "JUVENILE JUSTICE WEEK" - ADOPTED CHAIRPERSON MATTHEWS: Next item on the agenda, Commissioner Norris? COHMISSIONER NORRIS: Thank you, Miss Chairman. Could I have Kathleen Passidomeo please come forward for this to accept this proclamation? The proclamation reads, whereas, the state's juvenile crime problem has ramifications far beyond the juvenile justice system and affects the health and integrity of the state's business, community, education, and family institutions; and whereas, the state as well as the county of Collier must therefore employ a comprehensive strategy to address the problem of juvenile crime if the problem is to be effectively solved; and whereas, statewide there has been an increase in the number of youths committed for delinquency of 16 percent in the last fiscal year; and whereas, the county will not tolerate the criminal activities of our youth; and whereas, the citizens of our community need to have a heightened awareness of juvenile justice issues; and whereas, the county will work with the Department of Juvenile Justice and local businesses on programs for the prevention and intervention of juvenile delinquency. Now, therefore, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that the week of April 17 to the 21st, 1995, be designated as Juvenile Justice Week in the county and urge all citizens of our community to take part in stopping or preventing juvenile delinquency and to make a conscious effort to learn more about the programs for prevention and intervention. I further call upon all the citizens of our community to join together in the fight against crime in our society. Done and ordered this 18th day of April, 1995, by the Board of County Commissioners of Collier County, Florida. Miss Chairman, I make a motion that we accept this proclamation. COHMISSIONER HANCOCK: Second. CHAIRPERSON MATTHEWS: We have a motion and a second to accept the proclamation for Juvenile Justice Week. If there's no further comment, all those in favor please say aye. Opposed? There being none, motion passes five to zero. COHMISSIONER NORRIS: If we could impose on you to say a few words? MS. PASSIDOHEO: Sure. Who? He? CHAIRPERSON MATTHEWS: Yeah, sure. MS. PASSIDOHEO: I'm speechless. Morning. My name is Kathleen Passidomeo, and I have the pleasure of being the chairman of the Collier County Juvenile Justice Council, and I am accepting this proclamation on behalf of the Juvenile Justice Council. What you may not know is that juvenile justice week as we speak has been declared this week by the Governor of the state of Florida, and throughout the state there are numerous activities planned this week. What I'd like the people of Collier County to know is something that will help us. The Governor is unveiling tomorrow a new license plate. It -- it says, invest in children. I wish I had a copy of it because it's really beautiful, and it's got a picture of a palm tree and a -- and a couple little kids on it. And for those who like vanity plates, $22 from the sale of each one of these plates in Collier County will remain in Collier County for use in juvenile justice programs. So everybody go down to Guy Carlton's office and buy a license plate. Thank you very much, and we hope that the people of Collier County will work with the Juvenile Justice Council in the upcoming year because we've got lots of programs planned. Thank you. Item #4B EMPLOYEE SERVICE AWARDS - PRESENTED CHAIRPERSON MATTHEWS: Thank you. Next item on the agenda is service awards. Commissioner Mac'Kie? COMMISSIONER MAC'KIE: Is Pamela Rinehart here? Well, nevertheless, we'd like to recognize her for five years of continuous service to the airport authority, and we'll set this aside for her. How about James Raymond? Oops. Well, let's see. Mr. Raymond, also five years of service with the airport authority. COMHISSIONER HANCOCK: They're such hard workers they couldn't make it here today. COMMISSIONER MAC'KIE: They couldn't tear themselves away. Rhonda Watkins. There. She could come in. We appreciate that. Rhonda has had five years of continuous service in pollution control, and we'd like to thank her for that. And next, Joseph Saldana. Am I saying that correctly? MR. SALDANA: Yes. COMMISSIONER MAC'KIE: Good. For five years of service in facilities management. Thank you. COMMISSIONER CONSTANTINE: Thanks. Part of the rescue team for me last week. CHAIRPERSON MATTHEWS: Oh, okay. COMMISSIONER MAC'KIE: And at the -- the risk of offending Commissioner Constantine, is it Mike Constantine? MR. CONSTANTINE: Yes. COMHISSIONER MAC'KIE: Could you come forward please and receive this pin? Facilities management, five years. MR. DORRILL: What was that last name? COMHISSIONER MAC'KIE: Constantine. COMMISSIONER HANCOCK: He pronounces it correctly. COMHISSIONER MAC'KIE: And Mr. Lowell Raines? Good, because this is a 20-year recognition for Mr. Raines' service in office of capital projects. CHAIRPERSON MATTHEWS: COHMISSIONER MAC'KIE: birthday. CHAIRPERSON MATTHEWS: you, Commissioner Hac'Kie. Thank you. Almost as long as the Earth Day Almost. Getting close. Thank Item #4C EMPLOYEE OF THE MONTH FOR APRIL, 1995 - MARILYN VAN ATTA RECOGNIZED Next item on the agenda is a -- a pleasure. We do this once a month, and it's recognition of the employee of the month. Is Marilyn Van Atta here? Spin around while I read about you. Miss Van Atta is our -- is our employee of the month for the month of April. She began her employment with Collier County in 1988 as a library page. She's been employed in the circulation department and has been a major contributor to the inter -- to integrating changes brought about with the new automated system and circulation procedures. I think we all who go to the library are familiar with those and works quite well. She never lets her work pile up and is always willing to do what's necessary to ensure that she's able to handle whatever increased work load comes her way. I think we could dream up some more. Harilyn has a very pleasant, friendly personality and always goes out of her way to assist library patrons in any way that she can. She's consistently achieved overall excellent ratings on her performance appraisals. And with recommendations like that, the employees of Collier County have chosen her as our employee of the month for April of 1995. We have for Harilyn a plaque. It says Collier County, Board of County Commissioners, Collier County, Florida, employee of the month official recognition and appreciation is tendered to Harilyn Van Atta for exceptional performance, April of 1995. Now, that doesn't mean you did it in April of '95. And along with the plaque we have a letter recognizing you and the proverbial check for $50. MS. VAN ATTA: Thank you. CHAIRPERSON MATTHEWS: I thank you very much and nice job. Item #5A BUDGET AMENDMENT 95-229 - ADOPTED And we move forward on the agenda to approval of budget amendments. Mr. Smykowski. MR. SMYKOWSKI: Good morning. For the record, Michael Smykowski, acting budget director. There is one budget amendment that requires your approval this morning on the budget amendment report. COMHISSIONER NORRIS: Move for approval. COMHISSIONER HANCOCK: Second. CHAIRPERSON MATTHEWS: We have a motion and a second to approve the budget amendment number 95-229. All those in favor please say aye. Opposed? There being none, motion passes five to zero. Thank you. Item #SA1 REQUEST BY ANDREW QUEST HANCE, SR. TO REINSTATE BUILDING PERMIT NUHBERS 92-13516, 92-13515, 92-13512 AND 92-13514 - CONTINUED Next item on the agenda, there are no public petitions. We'll move to county manager's report, community development. Item 8-A-l, request by Andrew Quest Hance Senior to reinstate a building permit. MR. CUYLER: That shows as continued -- COHMISSIONER MAC'KIE: Continued. MR. CUYLER: -- on the agenda. CHAIRPERSON MATTHEWS: I'm sorry. It's been continued. Haven't we heard this or seen this one on the agenda a number of times now, Mr. Dotrill? MR. DORRILL: I'm not sure. I'd have to ask Mr. Hihalic. MR. HIHALIC: This is a building permit issue. CHAIRPERSON MATTHEWS: Yeah. MR. CUYLER: I think it has been on before. I don't know why it's being continued this time. CHAIRPERSON MATTHEWS: Again. Okay. MR. CUYLER: But it has been on before. CHAIRPERSON MATTHEWS: Maybe we should follow up. MR. CUYLER: Maybe at the petitioner's request. The last one I think was at the petitioner's request. MR. DORRILL: This one -- this one was at -- at my request. We continued a number of items today or held them off the agenda just trying to do some time management, and this was one. COMMISSIONER MAC'KIE: Thank you. Item #8A2 BUDGET AMENDHENT TO AUTHORIZE THE REALLOCATION OF URBAN IHPROVEHENT GRANT FUNDS (FUND 121) TO PERMIT THE COMPLETION OF CAPITAL INFRASTRUCTURE IMPROVEMENTS IN COPELAND, FLORIDA - APPROVED CHAIRPERSON MATTHEWS: Fine. Thank you. Item 8-A-2, recommendation to approve the budget amendment for the Copeland, Florida, improvements. MR. HIHALIC: Good morning, Commissioners. CHAIRPERSON MATTHEWS: Mr. Hihalic. MR. HIHALIC: This is a normal budget amendment. We put it on the community development agenda just so we could update you as to the progress of this project. About five years ago the county entered into an assistance program to try to help the community of Copeland update the water and sewer system as well as update their roads and some other code enforcement activities in Copeland. We received a grant for $650,000 from the Department of Community Affairs, community development block grant funds. And we have tried to make as many improvements as possible. Unfortunately, $650,000 was not enough funding to complete the job with the original scope that we originally had for the project, and we've been cutting back from the original design to try to successfully complete the project. Last November we came back to you and said that the state had preliminary allowed a $42,000 budget amendment to another grant we had for some emergency assistance money. And we were planning to transfer that money into Copeland to finish it. We have since learned that the county will -- I mean, excuse me, that the state will allow us to transfer an additional amount from that fund for a total of $78,640. This money was originally set aside for some emergency assistance for rehabilitation of people's houses that had some damage from Hurricane Andrew. We have shifted the rehabilitation to the SHIP funding. And -- and eight out of the ten people whose houses had some damage from Hurricane Andrew qualified under that program. So we will shift them and rehabilitate their houses using the SHIP money. And of the two additional houses where the people would not qualify under the SHIP criteria, we will rehabilitate those houses using this funding source. However, this allows us to shift $78,640 to the Copeland project to complete the -- hooking the residents up with water and sewer funds as well as extending the main service into an additional area that the Department of Community Affairs says that we have to hook -- hook them up because that was the original intention of the -- of the grant. I believe that we will be able to cover the cost to complete the project, and we will use utility personnel to assist in hooking up people's houses and laying the end water and sewer lines from the street into the houses that -- that are there. So we believe that within this funding we will be able to complete the project. And we expect it to be completed in the next three months. Again, this is a normal budget amendment. We just brought it up so we could tell you this personally. CHAIRPERSON MATTHEWS: Are there questions for staff? Is there a motion? COMMISSIONER CONSTANTINE: Motion to approve the item. COMHISSIONER HANCOCK: Second. COMHISSIONER MAC'KIE: Second. CHAIRPERSON MATTHEWS: We have a motion and a second to approve the item. One question, Mr. Mihalic -- MR. MIHALIC: Yes. CHAIRPERSON MATTHEWS: -- before we vote. MR. MIHALIC: Yes. CHAIRPERSON MATTHEWS: Will -- is this enough money to complete the project? MR. MIHALIC: With the assistance of county staff to finish it, yes. CHAIRPERSON MATTHEWS: Okay. MR. MIHALIC: I'm not sure it will cover all the water utility cost for employees' time, but I believe we do have enough money here to complete the project. CHAIRPERSON MATTHEWS: Commissioner Hancock? COMMISSIONER HANCOCK: Greg, has some of our staff been volunteering their time on these hook-ups? MR. MIHALIC: The original intention was to have the community do the hook-ups between the street and the houses. That didn't work -- work out. We then went out to see if we could get some prison labor or other volunteer labor. That hasn't worked out either. However, last November when we brought it to the board, the county manager was directed to use county staff from the utilities department to assist in providing those hook-ups. That would be during work hours, not -- not volunteering time afterwards. COMMISSIONER HANCOCK: I just wanted to make sure if they were that proper recognition given. MR. MIHALIC: There is. Although there has been a tremendous amount of volunteer time from people within the county staff assisting in this project from the beginning. And without that county assistance from all departments, it would have been impossible to do what essentially was probably a million and a quarter dollar job within the budget that we were allocated. CHAIRPERSON MATTHEWS: It was your second; right? COMHISSIONER HANCOCK: Yes. CHAIRPERSON MATTHEWS: We have a motion by Commissioner Constantine, a second by Commissioner Hancock to approve the item. If there's no further discussion, all in favor please say aye. Opposed? Motion passes five to zero. MR. MIHALIC: Thank you. Item #8A3- Deleted Item #8A4 RESOLUTION 95-284, APPROVING THE LOCAL HOUSING ASSISTANCE PLAN FOR FISCAL YEARS 1995-96, 1996-97 AND 1997-98 AS REQUIRED BY THE FLORIDA STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM - ADOPTED SUBJECT TO APPROVAL OF THE CITY OF NAPLES ON 4/19/95 CHAIRPERSON MATTHEWS: Thank you. Item 8-A-4, a resolution approving a local housing assistance plan. Hiss Arnold. MS. ARNOLD: Good morning. For the record, Hichelle Arnold with your housing and urban improvement department. I'm here to present to you the housing assistance plan. It's a three-year plan identifying how we will be utilizing SHIP funds which is the State Housing Initiative Program funding. Originally we approved the housing assistance plan back in '92. The total allotment that we received under that program for a three-year period was approximately 906,000. We're estimated to get three times that amount for the next three years. The plan that's presented before you includes the same three programs under the original plan which included impact fee relief, rental rehab, and down payment assistance programs or strategies. Because of the increase in the allotment, we are adding three -- or four new strategies to the program. They're identified in your executive summary on page 2. Those strategies include a land acquisition program, demolition with new construction, preapproved plans, and special needs housing strategy. The -- a large amount of the funds that are being allocated in this program are going to be used for the impact fee relief program. If you look on page 4 of your executive summary, you can see the -- the budget and how the monies would be spended per program. We are probably going to come back to you later on to ask for waiver to allow for waiving of impact fees rather than a straight deferral which is what the ordinance currently provides for. So look for us in the future for that amendment to the ordinance. What we're also going to -- what we're asking for today also is the approval of an interlocal agreement. Along with the housing assistance plan, the city of Naples and the county has entered into an interlocal agreement to allow the county to be the administering body for these funds. Through that agreement, the county will administer the funding for both city and county, and the programs can exist in either jurisdiction. The city council will be hearing that interlocal agreement tomorrow. And that's also identified in your packet. Basically that's it. CHAIRPERSON MATTHEWS: Are there -- are there questions for staff? Commissioner Constantine. COHMISSIONER CONSTANTINE: Just to reiterate, I know it says it here, but for the public, all loans will be paid -- all funds involved here will be paid out of SHIP funds? MS. ARNOLD: Right, correct. And that's -- we've established a separate funding system. What we have to do with this anticipated funding, however, is separate it from the previous plan that we received. CHAIRPERSON MATTHEWS: Commissioner Hancock? COMMISSIONER HANCOCK: Miss Arnold, on page 2 of the staff report under number 4, it says that all units assisted must be occupied by very low, low, or moderate income persons. This board has kind of taken the position that we want to concentrate on the very low income for these types of -- of funds and deferrals. And the inclusion of moderate income persons there makes me a little uneasy. Just clarify the application of that to make sure that it's -- the neediest get the greatest amount. MS. ARNOLD: Yeah, 66 percent of the program allocations going to be going to very low income individuals, 34 to low income. And moderate, there really isn't very much to -- COMHISSIONER HANCOCK: Good answer. Thank you. CHAIRPERSON MATTHEWS: Are there further questions? Mr. Cuyler, can we approve this subject to the city's approval of the interlocal agreement tomorrow? MR. CUYLER: We expect that to go through tomorrow? MS. ARNOLD: Yes. MR. CUYLER: Yes, you can do that if you wish. CHAIRPERSON MATTHEWS: Okay. So the motion would be subject to the city's approval? MR. CUYLER: The motion would be approval. It will be effective tomorrow upon the city's approval. You may place that as a condition. CHAIRPERSON MATTHEWS: Is there a motion? COMMISSIONER HANCOCK: I make a motion the board approve subject to the city approval tomorrow. COMHISSIONER MAC'KIE: Second. CHAIRPERSON MATTHEWS: We have a motion and a second. If there's no further discussion, all in favor please say aye. Motion passes five to zero. Thank you, Miss Arnold. Item #8A5 RESOLUTION 95-285 APPOINTING TWENTY-FIVE HEHBERS TO THE CITIZENS ADVISORY COHMITTEE (CAC) FOR THE EVALUATION AND APPRAISAL REPORT (EAR) ON THE COLLIER COUNTY GROWTH MANAGEMENT PLAN - ADOPTED Next item on the agenda, 8-A-5, recommendation the board consider recommendations from the planning commission on a CR -- CAC. MR. LITSINGER: Good morning, Madam Chairman, Commissioners. For the record, Stan Litsinger, growth management, community development services. In response to the board's resolution 95109 adopted on February 7, 1995, we received 80 applications for consideration for appointment to the CAC for evaluation of the growth management plan. On April the 6th, the planning commission reviewed the applications and resumes and provide you a list of 25 potential appointees for consideration by the board for appointment to this committee which is attached. Also the planning commission requested that the board be advised that the commission district residence was not used as a criteria for consideration or inclusion on the list of recommended applicants. This morning we're asking that the board appoint 25 members to the CAC for the purpose of public participation in the EAR process. CHAIRPERSON MATTHEWS: Commissioner Hancock. COHMISSIONER HANCOCK: We had discussed at one point that we would receive the recommendation from planning commission, and there was a statement to the effect that each board member would name somebody; is that correct? CHAIRPERSON MATTHEWS: Yeah. I had thought this was originally -- COHMISSIONER HANCOCK: Is that my recollection? CHAIRPERSON MATTHEWS: I had thought there was originally 20 members that the CCPC was going to bring forward and that we would each put our blessing on that and appoint one additional member. MR. LITSINGER: The -- as I understand the resolution -- and Mr. Cuyler can correct me -- the planning commission recommended 25 which you may pick all 25 or none of the 25 at your discretion. The resolution provides for at your discretion to reach a consensus on 20 appointees and to have each board member appoint one applicant from either his or her individual district to make up the 25 total appointees. CHAIRPERSON MATTHEWS: Okay. Commissioner Constantine? COHMISSIONER CONSTANTINE: Maybe Mr. Cuyler needs to help because I don't know what we are required or not to do here from that explanation. But I had reviewed the planning commission's recommendations and had gone through the resumes and kind of listed in order what my preference if I were to choose selections here. And I chose a couple more than five. Almost all of those appear on the list anyway. There are a couple that do not appear on the list that were recommended. I don't mind sharing that. My only question is I don't know who we would then eliminate. I don't know how you go about eliminating someone who was recommended here. I wondered if what might make sense if each of us verbally indicates five names, we go through, see how many of those already appear on this list. I'm going to guess just through that process alone we'll quickly come up with some sort of consensus on the majority of those, and then we'll probably have five or six positions left to sort out. COMHISSIONER MAC'KIE: I like that idea. CHAIRPERSON MATTHEWS: Does that sound reasonable? I don't particularly have any problem with any of the names that are on the list. So I'm willing to listen to whatever. COMMISSIONER MAC'KIE: I don't have a problem with names on the list, but there are people who applied who -- who I think it would be a shame to waste the opportunity to have them serve. So -- CHAIRPERSON MATTHEWS: COMMISSIONER MAC'KIE: CHAIRPERSON MATTHEWS: COMMISSIONER NORRIS: COMMISSIONER MAC'KIE: my five. COMMISSIONER NORRIS: But we only have 25 spots. Yeah. And we have 80 names. Well, I -- That's why I'd like to name my -- My recollection is the same as Commissioner Constantine, that -- that we were going to be presented with a list of 20 at one point from the CCPC and then we were -- we were each to select 1 additional from our own districts. And my suggestion is that we send it back to the CCPC and get what we want. CHAIRPERSON MATTHEWS: Let them call it to -- to 20. COMMISSIONER NORRIS: Let them make it down to 20 and then bring it back the next time and we -- we put in one of our own choice. CHAIRPERSON MATTHEWS: That was my understanding. That was my understanding when it first -- COMMISSIONER MAC'KIE: But even if they do that, can't we reject the whole 20 if we want to? COMMISSIONER NORRIS: Oh, sure. COMMISSIONER MAC'KIE: So -- COMMISSIONER CONSTANTINE: In the -- in the interest of efficiency, wouldn't it make sense just each of us name five names? I'm going to guess at least 20 of the names that are on this list are probably going to be those which we pick anyway. And I'm just thinking it would be more efficient to go ahead, do that, run through, see what we come up with instead of sending this back and waiting another couple of weeks before we see it. CHAIRPERSON MATTHEWS: What does the board want to do? I would just as soon finish it -- it today. COHMISSIONER MAC'KIE: He too. COHMISSIONER CONSTANTINE: Let's just run down the -- COHMISSIONER MAC'KIE: We need to get started. CHAIRPERSON MATTHEWS: Okay. Commissioner Norris, do you want to take a shot at a couple of them? COHMISSIONER NORRIS: We're supposed to -- CHAIRPERSON MATTHEWS: Couple of names. COHMISSIONER NORRIS: We're supposed to name five that are on here, that are already on here? COHMISSIONER MAC'KIE: No, five who have applied is what I -- COHMISSIONER CONSTANTINE: Five out of the eighty. COHMISSIONER NORRIS: Oh, five who have applied. Okay. MR. LITSINGER: Excuse me, Commissioner. My understanding is you're not bound by the recommendations of the planning commission. They are advisory. CHAIRPERSON MATTHEWS: Yeah. Our -- our problem, too, I think if -- if we are to just name five people from each of the five of us today, it's real important in this process that we have five people who represent a cross-section of abilities, and I'm -- I'm a little bit concerned that if we just each of us propose five names that we're not going to get the cross-section that we want. So I'm '- I'm not sure that maybe we shouldn't send it back. COHMISSIONER CONSTANTINE: Well, my reason for suggest -- CHAIRPERSON MATTHEWS: I -- I understand that. COHMISSIONER CONSTANTINE: My reason for suggesting it today is let's get those names on the table. And if we look at the 25 names that we've put out in the next 60 seconds and think, gosh, this isn't a cross-section, then we can send it back. But I think if we have the opportunity to be efficient and have it done by ten o'clock this morning instead of two weeks from now and let these people get started, we ought to do that. CHAIRPERSON MATTHEWS: Okay. We can try and hope we get a cross-section of -- of abilities in the group. COHMISSIONER MAC'KIE: I'm -- I'm willing to take a shot at -- at naming 5 and, you know, with all appropriate apologies to the other 75, God knows I don't know all these people. I mean, I'll make this speech for everybody. We don't know everybody. We -- I'm sure everybody is qualified. But of the people on the list, five who I think represent a cross -- cross-section, one is Kevin Coleman. He's a land use lawyer. Chris Straton I think would be a big benefit. John R. Wood, I'd hate to waste the opportunity to have someone with his experience and lifetime in this community; Jon Staiger who is the city's natural resources director and Fred Flato who again I think has a great deal of experience in Collier County and could represent general citizens. That's my five. CHAIRPERSON MATTHEWS: Okay. Commissioner Norris, do you want to try next? COHMISSIONER NORRIS: Yes. I'll -- I'll take a shot at five of them here that looks like might be a pretty good cross-section. Kim Kobza, Jeff Nunnet, Bob Laird, Hike Cart, and Fay Biles. CHAIRPERSON MATTHEWS: COHMISSIONER NORRIS: CHAIRPERSON MATTHEWS: he's on the list. COHMISSIONER NORRIS: CHAIRPERSON MATTHEWS: Who is the second one? Jeff Nunnet. Is he already on the -- yeah, Yeah, he's already on there. Okay. Commissioner Constantine. COMMISSIONER CONSTANTINE: Glenn Simpson, Joe McMackin, Nancy Bisbee, Don Pickworth. CHAIRPERSON MATTHEWS: Pickworth is on the list. COMMISSIONER CONSTANTINE: Yup. And Pepper MArtin. CHAIRPERSON MATTHEWS: Commissioner Hancock? COHMISSIONER HANCOCK: choices. CHAIRPERSON MATTHEWS: COHMISSIONER MAC'KIE: COHMISSIONER HANCOCK: Is Pepper on the list? No. First of all, many of you took my Yeah, I know. Sure. It's going to happen. So would it be then in my best interest to pick five that you haven't, I assume? COHMISSIONER MAC'KIE: That's -- COHMISSIONER HANCOCK: Thank you. I just want to make sure I'm with the program here. COHMISSIONER HAC'KIE: Works for me. COHMISSIONER HANCOCK: I have Sally Barker, Doug Nelson. CHAIRPERSON MATTHEWS: He's on the list. COHMISSIONER HANCOCK: He's on the list. Neno Spagna who's also on the list, Bob Laird who again -- COHMISSIONER NORRIS: I've already got him. CHAIRPERSON MATTHEWS: Already got Bob Laird. COHMISSIONER HANCOCK: I tell you, I gotta pay more attention up here. Terri Tragesser who is on the list. And searching for a fifth now, I'll -- I'll take four and come back for one after I take another look at the resumes. CHAIRPERSON MATTHEWS: There you go. Okay. My grouping, I would like to see Linda Lawson, Tony Pires, Pires. Let's see. We got Terri. We have Chris. Jim Gore. COHMISSIONER MAC'KIE: Gore was that? CHAIRPERSON MATTHEWS: Uh-huh, James Gore, Kathleen Slebodnik. And that's four. I don't have a fifth right now either. Do you have one more, Commissioner Hancock? Who are we missing? We have a planner. COHMISSIONER HANCOCK: Yeah, I'm looking at the cross-section now trying to -- CHAIRPERSON MATTHEWS: Probably should have a person in finance. COHMISSIONER HANCOCK: I'm very comfortable with Dave Weston as far as finance goes. CHAIRPERSON MATTHEWS: COHMISSIONER HANCOCK: appoint Dave Weston. CHAIRPERSON MATTHEWS: person; is that correct? COHMISSIONER MAC'KIE: He's not been picked yet. No. I'd be happy to -- to Okay. Then we need one more Uh-huh. COHMISSIONER CONSTANTINE: Last guy on the list is a banker from your district. CHAIRPERSON MATTHEWS: Yeah, we got -- COHMISSIONER CONSTANTINE: Not Dave. Jeff Miller. CHAIRPERSON MATTHEWS: Last guy on the list. COHMISSIONER CONSTANTINE: Here. CHAIRPERSON MATTHEWS: What -- what other areas are not covered? We've got attorneys. We have engineers. We have a planner. We have ordinary citizens, whatever that may be. of us really. COHMISSIONER CONSTANTINE: You haven't filled the funeral director slot yet. COHMISSIONER MAC'KIE: Do we only have one planner in this group? CHAIRPERSON MATTHEWS: We only have one planner in the group right now. COHMISSIONER MAC'KIE: Is -- is Michael Fernandez in that -- in that group? I think -- CHAIRPERSON MATTHEWS: No, he's not. COHMISSIONER MAC'KIE: -- one more planner might -- might provide some balance. CHAIRPERSON MATTHEWS: I don't know Michael Fernandez, but I'll accept the recommendation. COHMISSIONER MAC'KIE: He -- he worked for the city of Naples as a planner and now is in private practice as a planner. That's all I've worked with him on both sides of the fence. He does -- I'd recommend him. CHAIRPERSON MATTHEWS: Do you know Mr. Fernandez? COMMISSIONER HANCOCK: Just superficially, and I think I agree with the planning emphasis, and -- and I think that would be a good -- CHAIRPERSON MATTHEWS: Since it's an evaluation and appraisal report of our growth management plan. COMMISSIONER HANCOCK: It's one of those planning kind of things. CHAIRPERSON MATTHEWS: Okay. Michael Fernandez. That's all 25? MS. FILSON: Yeah. CHAIRPERSON MATTHEWS: I think we've got a good cross-section too. COMMISSIONER HANCOCK: I don't really think this needs to go back to the planning commission if this board is comfortable. I would make a motion that we approve the list as listed here today. COMMISSIONER CONSTANTINE: I'll second that. CHAIRPERSON MATTHEWS: We have a motion and a second to approve the 25 names that we have collectively given. All those in favor please say aye. Opposed? There being none, motion passes. MR. LITSINGER: Thank you. Item #8C1 COLLIER COUNTY PUBLIC HEALTH UNIT MASTER CONTRACT - APPROVED WITH INSURANCE AND LIABILITY CLAUSE INCLUDED CHAIRPERSON MATTHEWS: Next item on the agenda is 8-C-1, Collier County Public Health Unit master contract. Mr. Olliff? MS. POLKOWSKI: My name is Jane Polkowski, and I'm the director of the Collier County Public Health Unit. I just wanted to begin until Tom gets ready there. The contract which had the wording the county attorney had wanted in there came back unsigned by the state, as you know. And this is the reason why we're back today. CHAIRPERSON MATTHEWS: Okay. Mr. Olliff. MR. OLLIFF: The board is well familiar with all of the -- the issues here. I believe that over the course of the last couple of days we've received copies of language which exists in that Hillsborough contract which the commission has talked about. And actually amazingly, I think both parties can live with this language. And it is language that is currently in existence in contracts in Hillsborough County today. They cannot guarantee that -- that their side of the shop will sign, but they believe that they can at least make a recommendation that they approve this kind of language. And given that, I would like just simply today to get the board's direction to be able to have this language included into the contract and have that contract submitted for signature. COMHISSIONER MAC'KIE: Just for -- CHAIRPERSON MATTHEWS: Commissioner Constantine? MR. OLLIFF: In addition, I think we -- we would want to continue to provide that medical malpractice insurance issue that was already in the contract that was approved prior. COMHISSIONER CONSTANTINE: Mr. Bryant, you've been very -- fairly spirited in this debate. You're comfortable with the wording from the Hillsborough contract? MR. BRYANT: I certainly am, Commissioner. It's not as wordy as our original submission, but it certainly covers everything that we wanted, and I appreciate HRS taking the interest in it and looking at it from not only our viewpoint but what happened in Hillsborough. COMHISSIONER CONSTANTINE: My only other question is the insurance coverage we've spoken about. Is that excessive for our needs? MR. BRYANT: Is it excessive? No. It's very limited, if you would, for our needs because one severe case could easily eat up the entire amount. COMHISSIONER CONSTANTINE: That question had arisen I think yesterday in the newspaper. I just wanted to make that clear. CHAIRPERSON MATTHEWS: Commissioner Mac'Kie? COHMISSIONER MAC'KIE: Actually my question was answered. CHAIRPERSON MATTHEWS: Okay. Are there other questions? If -- if we have a $200,000 limit because of sovereign immunity, why -- why would we need a million dollar policy? MR. BRYANT: Because of the fact that there could be a case that we do not have that cap. If we have a situation that should be a merging of, let's say, malpractice together with some type of allegation of a civil rights nature, we have no sovereign immunity cap. CHAIRPERSON MATTHEWS: Civil rights. MR. BRYANT: Yeah. CHAIRPERSON MATTHEWS: Okay. Commissioner Hancock? COHMISSIONER HANCOCK: The annual cost of that insurance again was -- MR. BRYANT: It's only like $7,500. COHMISSIONER HANCOCK: So it would -- MR. BRYANT: I mean, it's like nickels and dimes for what we're getting. COHMISSIONER HANCOCK: It would only take one major case every 25 years for this policy to be worth it financially. MR. BRYANT: The policy is definitely worth what we're buying it for. COHMISSIONER HANCOCK: Okay. CHAIRPERSON MATTHEWS: I -- I have one -- one final question, and this is probably for David Bryant. If -- if we are to move forward and approve this contract today, including the insurance and the liability clause language as opposed to indemnity language, would it be your recommendation that we pursue the indemnity language through the court system? MR. BRYANT: No, ma'am, I don't think that's a need at all. I think that this covers us completely. And like I said, I commend HRS for looking at it this way. CHAIRPERSON MATTHEWS: Okay. Fine. Any other questions? Is there a -- I'm sorry. COHMISSIONER MAC'KIE: Just -- just, Dr. Polkowski, are you smiling? Is this -- do you feel comfortable that -- MS. POLKOWSKI: Yes. COHMISSIONER MAC'KIE: Okay. I just want to get your side of the story. Then I move we approve the contract with the language described by staff. COHMISSIONER CONSTANTINE: I'll second the motion. CHAIRPERSON MATTHEWS: We have a motion and a second to describe -- to approve this contract as described by staff. It's with the insurance and with the liability clause. If there's no further discussion, all those in favor please say aye. Opposed? There being none, motion passes five to zero. MS. POLKOWSKI: Thank you. Item #8C2 RECOHMENDATION THAT THE BOARD OF COUNTY COHMISSIONERS APPROVE CO-SPONSORSHIP OF AN EVENT COHMEHORATING THE 50TH ANNIVERSARY OF THE END OF WORLD WAR II - APPROVED CHAIRPERSON MATTHEWS: Thank you. Next item on the agenda is item 8-C-2. This deals with the World War II commemoration of the ending of the war on September 2. I just -- I personally just felt that this was important enough that we should recognize our veterans in a separate motion rather than bury it in the consent agenda. And being chairman, I shouldn't make motions, but I will since I moved it. Mr. Luntz, do you have something more to say -- more to say about the parade and what we're planning? MR. LUNTZ: Madam Chairman, members of the board, I'll be as brief as possible. Suffice to say that we have a once-in-a-lifetime opportunity here to celebrate the end of World War II. The actual date of the signing on the Battleship Missouri was the 2nd of September, and that just happens to fall on a Saturday. So we decided to put together a parade. I went to city council workshop yesterday, and they unanimously approved their support as I figured that they would because they've supported everything patriotically that we've ever done in this community. I'm pleased to tell you that when we had some tacit approval from them last week, I made my initial phone calls, and I think you'll be glad to know that we already have six bands booked. Veterans' Council will issue a resolution by motion form tomorrow night. And then I've been invited to the Tri-County Music Directors Association up in Lee County on Saturday at Cypress Lake High School. And I think before this is all over with, we will probably have an opportunity to make this a southwest Florida event. What we're asking the board to do is to issue support for the effort that we're trying to move forward with. We're not asking for any funding from you, just to give us the clout that we need if we have to go to Lee County or Charlotte County or whatever. I'm also pleased to tell you because there was something in the paper today about tourist development money, and I'm not going to go into that because nothing has been applied for at this point. I've had a brief discussion with Mr. Cuyler about whether or not this event would warrant such an expenditure because we're going to be bringing a lot of people into the community. The 82nd Airborne Division, the 4074 support battalion which is the adoptive unit of the city of Naples has been in contact with me. And believe it or not, we've got an opportunity to get the 82nd band down here besides a 50-member marching contingent. We don't want to in any way, shape, or form have any adverse effect on the 4th of July parade. That's going to be a different type of parade than this. This is going to be nothing more than patriotism and stomping the feet and marching music and this sort of thing. And we're not going to get into a whole lot of other things that wouldn't be considered true patriotism, and we just want your support. That's why we're here today, and we'll move forward. Hopefully we'll get it. CHAIRPERSON MATTHEWS: Commissioner Hancock. COHMISSIONER HANCOCK: Mr. Luntz -- MR. LUNTZ: Yes, sir. COHMISSIONER HANCOCK: -- and I'm sure on behalf of the board, as a veteran of the most recent foreign war, I want to thank you for your efforts on this, for bringing this to the forefront in this community. Many times our veterans are forgotten by the younger generations, and it takes something like this to draw it to the forefront, to put these kids on the curb with flags in their hands with the military procession in front of them to bring what -- the importance of the sacrifice made then. And I personally want to thank you very, very much for this. MR. LUNTZ: We're going to try one other additional thing. I've already spoken to a couple of band directors, and we're going to eliminate the dancing in the street, just going to let them do straight marching this time and play patriotic stuff. And, you know, this -- I'm sure that we're going to get national media attention. I have to tell you this because you'll be hearing it as we move forward. The 82nd band was supposed to be in Wilmington on the Battleship North Carolina to do a program on that day with the course from the 82nd. And when the request was made by telephone, they pulled the band out of that event and said, if you want them, you've got them. We're looking into the possibility of having them jump. I've been looking for a drop zone, and I'm going to go to city. And if we can get the money to do this and get them to jump, there are two places in the city that we might be able to use. And one is Mike Watkins' golf course. I don't think he'll be too happy. But I think the Fleishmann -- I think Fleishmann Park might be an excellent place for them to jump because you've got an area larger than a football field in the middle. And I was concerned that maybe some people would be out doing their walk at the Coastland Center when all of a sudden here come the -- the paratroopers in full combat gear but -- and a C141 will drop them in if it happens. So those people at the 82nd are trying to make it a training mission. If that happens, we won't have any costs, but I thank you for your remarks. We're looking forward to doing something real special after the 4th of July is over. COHMISSIONER HANCOCK: Well, Mr. Luntz, I will gladly make a motion this board support the 50th anniversary commemoration of the World War II treaty and look forward to it coming forward. COHMISSIONER HAC'KIE: Second. CHAIRPERSON MATTHEWS: We have a motion and a second to support the recommendation of staff to support a parade on September the 2nd. If there's no further discussion, all in favor please say aye. Opposed? MR. LUNTZ: Thank you very much. CHAIRPERSON MATTHEWS: Motion passes five to zero. Thank you, Mr. Luntz. MR. LUNTZ: Look forward to seeing you all there. Item #SF1 RECOHMENDATION THAT THE BOARD OF COUNTY COHMISSIONERS APPROVE RADIO TOWER LEASE AGREEMENTS IN ORDER TO ACCOHMODATE EQUIPMENT AS PART OF THE 800 HHZ RADIO SYSTEM - APPROVED WITH INDEMNITY LANGUAGE WITHOUT THE $3,000 FEE CHAIRPERSON MATTHEWS: Next item on the agenda is 8-F-l, a recommendation of the Board of County Commissioners approve radio tower leases. We had discussed this last week, isn't it? MR. DORRILL: This was continued to answer some questions, and Mr. Daly is -- is here or Mr. Norris and can provide you with the answers to the questions specifically whether or not that tower was built to code and also a request as it concerned a statement or representation by the General Telephone people that in the event certain towers were approved that they would provide those to Collier County at no cost. And you may also have a speaker as well. CHAIRPERSON MATTHEWS: Okay. MR. DALY: John Daly, communications manager, emergency services division. I reviewed the -- and this was sent to in memo form. Community development has advised us that that tower was built according to a site plan that was approved by them, and the use of that tower continues to adhere to that site plan. COHMISSIONER MAC'KIE: Hay I just stop and ask you a question? The fact that it -- that it's under water to a great degree complies with our codes? MR. DALY: Yeah. COMMISSIONER MAC'KIE: That's okay? MR. DALY: According to the information that development services has received and -- and this is supported by our site acquisition subcontractor that the tower is sufficiently grounded and that the grounding system will dissipate the electrical charge, that it will not go across the surface. They seem to be comfortable with that. I have a representative of our site acquisition subcontractor here who can answer the questions on that. COMMISSIONER MAC'KIE: My -- my -- just while you're coming up, my interest is, you know, we had those photographs that show a great deal of this tower under water. And from a layperson's perspective, that is a scary sight. So can you reassure us sufficiently? MR. GOCZESKY: Well, as far as a scary sight, I wouldn't classify it as that. COMMISSIONER MAC'KIE: Excuse me, sir. MR. CUYLER: Please identify -- COMMISSIONER MAC'KIE: You need to give your name, please. MR. GOCZESKY: Dan Goczesky with RDB Consultants and Contractors. The site or the tower was designed to withstand ll0-mile-an-hour wind loads. It's also designed to carry certain equipment. Many of the water conditions that you see here or which are shown have no bearing on the tower strength at all. This is a condition by Mother Nature that occurs in excessive rains and so forth. And we see that many times on our local streets and so on. COMMISSIONER MAC'KIE: My -- my question wasn't so much -- excuse me -- about the -- whether or not it -- it could withstand the wind but whether or not there's a safety concern related to a tower standing in water. MR. DALY: No, there is no problem with that at all. COMMISSIONER MAC'KIE: What about the grounding? Do you want to give more information? MR. DALY: The grounding is what they call a halo grounding which surrounds the building and the tower itself which draws off any charges that come from electricity, from the skies and so forth and directly into the ground. It has no bearing on -- or safety to anybody whatsoever. CHAIRPERSON MATTHEWS: Any other questions? MR. DORRILL: Question specifically, Mr. Daly, with respect to the suggestion that a -- an alleged workshop by GTE representatives that we would be entitled to free use of any tower, whether that was an appropriate statement or whether that was an actual representation, and then what is reflected in the lease instrument that we have before us. MR. DALY: According to development services, there were some discussions during the tower sharing ordinance back in '91 and '92 that we would have free use of the tower. That specific condition was -- was approved as part of the site plan for two of GTE's towers, one which is at Carnestown at 29 and 41 and one which is at Miles City at 1-75 and State Road 29. We are not using the Miles City tower. The ten dollar annual fee is to basically keep the lease legal and to record the document. The $1,000 access fee they are utilizing to cover their costs of reviewing the technical data we supply to them as to whether our use will interfere with their use of the tower and also to provide review of the legal documents that the county has supplied to GTE Mobilnet. That $1,000 fee is a one-time fee per tower to basically cover the cost of executing that lease. We have supplied them a great deal of documentation. RDB has provided structural analysis of the towers, intermaud (phonetic) studies, and also analyzed the grounding systems. So that's where those fees come from. COMHISSIONER MAC'KIE: So the total cost is $1,0107 MR. DALY: $1,000 access and 30 -- $30 a year for all three towers, yes. COMHISSIONER MAC'KIE: So $1,030. MR. DALY: Right. COMMISSIONER CONSTANTINE: And next year -- MR. DALY: It will just be the ten dollar annual fee. CHAIRPERSON MATTHEWS: Just be the ten dollar fee. We have a public speaker? MR. DORRILL: Yes, ma'am. Mr. Rodinsky who is the citizen who asked for the continuance, and he's your only speaker. MR. RODINSKY: Chairman MAtthews, Commissioners, my name is Paul Rodinsky. I live at 11231 Trinity Place. One thing they forgot to mention is Collier County is number one for lightning strikes in the United States. Another thing is we gotta start looking at cellular and microwave, radio wave, and all these things and protect our children from cancers and other diseases. And as far as this tower goes, I wonder if the Collier County insurance company that they're going to insure this equipment with would like to see these pictures and would like to know how much damage was done to the utility companies surrounding this particular tower like the phone company and the power company that don't advertise in the paper that they were struck by lightning and burnt up within the general vicinity. I've had over $10,000 worth of damage, and you're not going to tell me that I've learned from the 6th grade that electricity travels on top of water, not through the water. I know that this tower is grounded properly. It was permitted by the county. But it wasn't to be sitting in water. It just doesn't seem to me -- four legs completely in cement pads are completely covered -- that this thing would be grounded properly. I haven't got too much more to say except that if you check this area, GTE uses a lot of these wetlands and fills in a lot of these wetlands and has these contractors do them and get red tagged and say, well, it wasn't me. It was a contractor. Another thing I'd like to say is -- is with this tower sharing at these workshops they had, it was pacifically (sic) mentioned -- and there was other people there that will swear to it -- that Collier County gets free tower use from GTE. And it was mentioned at the workshop, and it was so outrageous, it seemed to me like it was a bribe. But to -- but to -- to the county it wasn't a bribe. And this is all when we were making up these ordinance. I have nothing against Collier County leasing these towers and putting this equipment. We need this emergency services in Collier County. But to put something on this tower that's possibly be destroyed or possibly cause more of an electromagnetic field which would expand the cone area of this tower which would probably get more people involved, there are other people surrounding the area but are really grounded as in Krehling Industries which is a cement industries that have more than -- more than one grounding before this tower was put in. That was the main place that usually got struck by lightning. Now it's mainly the tower. And as far as working on this tower, they never have permits to work on the tower. And it just seems like they want to put more stuff on this tower before they can put the sheriff's department stuff on this tower so they can come back to this board. To say, well, this tower can't handle the wind load, we need more towers in Collier County, they're aesthetically beautiful and they increase the property value -- and that was a -- a statement from Mr. Kitsten (phonetic) from GTE from Tampa, Florida, that I couldn't believe but the other commissioners believed, everybody except Max Hasse at the time. And that's all I have to say except that we should not pay one dime for any of GTE's towers in Collier County. And the county should use them for nothing, just like it was stated at the workshop and in front of the commission meeting. If I remember vaguely, he offered the sheriff's department free tower use, and that wasn't just for two towers. Thank you. CHAIRPERSON MATTHEWS: questions from the board? COHMISSIONER NORRIS: CHAIRPERSON MATTHEWS: COHMISSIONER NORRIS: CHAIRPERSON MATTHEWS: there a second? COMMISSIONER MAC'KIE: CHAIRPERSON MATTHEWS: Thank you. Is there further No further questions. Is there a motion? Hotion to approve. We have a motion to approve. Is Second. We have a motion and a second to approve the item on the agenda which is a recommendation to approve the tower leases. MR. CUYLER: Madam Chairman, before you take your motion, could I just indicate for the record that we want all of the liability indemnity provisions -- we've been dealing with this, as you know, in a couple different areas. We want that to read to the extent permitted by law, comma, lessee indemnifies. We will take care of those changes. We've already checked with the lessor. That's acceptable to them. COHMISSIONER NORRIS: Motion maker will accept those modifications to the motion. CHAIRPERSON MATTHEWS: Second? COHMISSIONER MAC'KIE: And the second. CHAIRPERSON MATTHEWS: We have a motion and a second to approve the lease agreements as modified by Mr. Cuyler. Is there further discussion? There -- Commissioner Hancock? COHMISSIONER HANCOCK: Obviously hearing some of this for the first time and not being here when this all happened I'm '- I'm a little unsettled. What's presented to me looks great on the surface and there were some questions raised. Mr. Daly, I'd -- I'd just like to -- the grounding situation, my father's an electrician. I don't need to go through that. I -- I understand that fairly. But some of the things about as far as Collier County not having to pay for the use of the towers and so forth, have you researched that, and is that correct? MR. DALY: That was restricted to two of GTE site plans, the one at 29 and -- Bryan Milk at community development has advised us that that was written into two of the -- some of the tower site plans that have been approved by community development since the tower sharing ordinance. It specifically applies to Carnestown which is 29 and 41 and the Miles City tower. That was -- the Carnestown use was also restricted to a certain number of the antennas which was three. We're putting five on the tower. We are putting some additional items on those towers. Now, they may -- Bryan Milk has told me that they did make blanket statements that they would give Collier County free rent and those type of statements but that they were changed when they did the site plan approval. And some of those conditions were specifically written into certain site plans. CHAIRPERSON MATTHEWS: Commissioner Constantine? COHMISSIONER CONSTANTINE: Well, now you've raised a question mark for me because when we have -- any time we have a big contract, when we had our Ericsson GE thing or when we had our landfill thing, when we have any of those, there are certain things that are -- thing is my word today -- certain items that are brought before us that are verbally agreed to and then after the fact we physically enter into a written contract. Are you telling me what was verbally alluded to and what are in those contracts are two different things? MR. DALY: They appear to be. Apparently they had originally indicated it was blanket, you know, anything we build. It has now been written into the site development plans that were approved by community development, certain statements regarding sharing. COHMISSIONER CONSTANTINE: That I have a problem with because anything -- all we have to go by, us five people, is what is told to us what is agreed with us on a Tuesday. And if someone comes in and is trying to get a particular thing, a particular permit, a particular agreement passed and makes verbal agreements with us for that for the legal team or developmental services or even if it comes back before the board if we get a contract an inch thick and somewhere in there it says two sites instead of a dozen sites, that's not appropriate. If the board -- at the time it was five different people. But if the board was led to believe one thing and now somewhere along the line the paperwork has changed what that is, then that's not appropriate. MR. DALY: I don't know if those -- I don't know if those statements were made to the board. I know they were made in meetings at community development. I don't know if they were made to the board. The commercial value of these leases that we have with GTE Mobilnet if -- we were quoted by a couple tower owners commercial rent. These leases with GTE Mobilnet have a value of over $90,000 for the amount of items we're putting on the tower. COHMISSIONER CONSTANTINE: Mr. Rodinsky brought forth last week that this occurred in a workshop, that that -- MR. RODINSKY: Yes, sir. COHMISSIONER CONSTANTINE: -- was -- was a workshop. The verbal commitment was made apparently to the board. And I thought the instruction this board gave last week was to go back, see if we can find those minutes from that workshop and see if there was that indication. MR. DALY: I did not find -- COHMISSIONER CONSTANTINE: You're telling me you talked to Mr. Milk, but you don't know if it happened in a workshop. MR. DALY: I couldn't find the minutes to that workshop. I did find a consent agenda item from 1992 for the Carnestown tower where there was the statement about that we could put three antennas on their tower and no annual rent and then the statement regarding free use of the shelter at the bottom of the building which is what we have. I could not find workshop minutes where that was stated. COHMISSIONER HAC'KIE: Madam Chairman? CHAIRPERSON MATTHEWS: Commissioner Hac'Kie? COHMISSIONER MAC'KIE: I -- I'm going to withdraw my second on the motion, and I'm -- I'm angry to hear from staff that you couldn't find minutes. That's -- you know, find them. MR. DALY: I was -- I was given the date of a -- of a -- of a board meeting and when this was initially approved. COHMISSIONER MAC'KIE: Well, then my -- my advice to you if that was the wrong date, find the right date and find the minutes and get us the answer to the question. Please don't come up here and tell us that, you know, this is the answer to the question when, in fact, the information was not thorough or complete. MR. RODINSKY: Excuse me. It was on 6-6-91 or 6-24. Those are the workshops. And GTE -- COHMISSIONER MAC'KIE: It's not his job to do that work. It's your job to do that work. And, you know, we asked a question. Please get the answer. MR. RODINSKY: And you can also look under the statement that they said they'd also be good neighbors. It's something I wouldn't say. In other words, they offer free tower use because they're good neighbors, something I didn't forget. CHAIRPERSON MATTHEWS: Mr. Rodinsky, we're still in the process of -- of discussing this. Commissioner Hancock. COHMISSIONER HANCOCK: Again, we're talking about $1,000 and $10 a year. It's not really a fiscal question. I just want to make sure the actions we take today are consistent with what has been represented in the past. We have a motion on the floor that has not been withdrawn. If that is withdrawn, then I would like to make a motion to continue, but I think we -- CHAIRPERSON MATTHEWS: You can make a motion to table, and we have to address that immediately. Commissioner Hac'Kie. COHHISSIONER HAC'KIE: I'm confused. If it was free for nine but we're only discussing two today so that's why we only care about $90, I mean, this -- I don't understand. MR. DALY: We have five leases on the agenda. Three are with GTE Mobilnet at $10 a year. Two are with the State Department of Transportation at no annual rent and no access fee. COHMISSIONER HAC'KIE: So the $10 a year I would suggest -- and the county attorney could advise us -- is truly not necessary for legal reasons anymore. I mean, that's baloney. MR. CUYLER: It's not, but I find it hard to believe Mr. Rodinsky's objecting to $10 a year. COHMISSIONER HAC'KIE: Okay. So -- so, in fact, is the fiscal -- the total fiscal here is -- is the thousand dollars we're talking about? MR. DALY: Per tower. MR. CUYLER: That's what I -- that's what I understand from staff. COHMISSIONER HAC'KIE: A thousand per tower. MR. DALY: Correct. MR. CUYLER: And I think the point they're making is that you need to decide whether you accept this or not. But staff is representing that GTE is representing to them that that is an administrative fee for review of the plans and the fact that the antennas are going on the tower as opposed to the use of the -- COHMISSIONER HAC'KIE: But, again, I just want to be perfectly clear. If, in fact, wherever, at a workshop, in a meeting, wherever it was, a representation was made that you get this for free, then somebody tell me are we, in fact, getting it for free but for $1,000 and but for $10 per tower? MR. CUYLER: The answer to that is yes. We are getting it free except for the ten dollar consideration and the thousand dollar access fee. MR. DALY: Correct. MR. CUYLER: That is correct. CHAIRPERSON MATTHEWS: Commissioner Norris? COHMISSIONER NORRIS: Well, let me clarify what you said. The -- the statement has been made that GTE promised at some workshop to give us free rent. Now, we're only dealing with three towers that are owned by GTE. MR. DALY: Correct. COHMISSIONER NORRIS: They can't give us free rent on anybody else's tower obviously. MR. DALY: That's correct. COHMISSIONER NORRIS: All right. So the three that are in question from GTE we're getting for $10 a year. MR. DALY: Correct. COHMISSIONER NORRIS: Which is close enough to free to satisfy my concerns. MR. DALY: And then the two state towers there's no charge. You know, the state has engineering staff in-house that provided the analysis work that we needed. CHAIRPERSON MATTHEWS: Commissioner Constantine? COHMISSIONER CONSTANTINE: I tell you what. It may be small dollars in the big picture, but $1,000 isn't free. We don't know if it said free rent, or we don't know if it said free use. And I suggest we table the item till staff can -- CHAIRPERSON MATTHEWS: Is that a motion to table? COMMISSIONER CONSTANTINE: -- answer the questions we ask them to do. Yes. CHAIRPERSON MATTHEWS: Is there a second to the motion to table? COMHISSIONER MAC'KIE: Second. CHAIRPERSON MATTHEWS: We have a motion -- MR. DORRILL: Could we -- CHAIRPERSON MATTHEWS: -- and a second. MR. DORRILL: Could we perhaps continue it until later in the meeting because one of the representations I thought Mr. Milk made last week was that the workshop was a staff workshop, and the board may not have been present. And specifically the reason for the staff workshop in 1990 or 1991 was the board had expressed concern about having a proliferation of towers throughout the county and asked staff to have a workshop in order to see whether jointly owned towers could be developed and then shared. And if you can continue that until a little later in the meeting, maybe we can have Mr. Milk up here and clarify whether it was a county commission workshop, the minutes, or whether some salesman stood up in a meeting with staff and said, well, it would be our intent to do such and such as part of the consideration of the tower use ordinance that was under consideration. CHAIRPERSON MATTHEWS: Commissioner Constantine. MR. DALY: Mr. Dotrill, that's correct. The representation I got from Bryan Milk was that it was a workshop held at development services. It was not in front of the board. MR. DORRILL: Let's -- let's continue this until later in the meeting and have him verify that and give us the day the workshop was held and whether it was a county commission workshop which entails one thing. If it's a staff workshop and some salesman stands up and represents that, then -- COMMISSIONER CONSTANTINE: If we want to revisit this later today and you can provide us with all that information, that's great. But I want to see -- I assume even when we have staff workshops, if it's a public workshop, we have some sort of record of that. I would like to see what the record is, not simply have Mr. Milk's recollection of some meeting that occurred in 1991. If you can provide that before the day is out, great. If you can't, I want to table this item until said time that we can bring that back. MR. DORRILL: That's fine. I will tell you in advance that if it was a staff workshop, then there may not be any requirement to keep a record or prepare minutes or have a court reporter there if they're working on amended draft ordinance language as a result of some direction the commission gave them. Those types of things just are not normally done. CHAIRPERSON MATTHEWS: We have a motion to table and a second, and I presume based on the comment the tabling will be for a short while to be re -- readdressed later in the day. COMHISSIONER MAC'KIE: It will be until we get the answer to the question -- CHAIRPERSON MATTHEWS: Yeah. COMHISSIONER MAC'KIE: -- is what my intention is. CHAIRPERSON MATTHEWS: If there's no further discussion, I'm going to call the question on the motion to table. All those in favor please say aye. Motion passes five to zero. (Final action taken later in the meeting.) Next item on the agenda is -- we're moving to the county manager's report. It's almost 10:30. I'm going to take a recess for 15 minutes until 25 minutes of the hour. Thank you. (A short break was held.) Item #SH1 TWO APPRAISAL AGREEMENTS RELATING TO THE ACQUISITION OF RIGHT-OF-WAY REQUIRED FOR THE FOUR-LANING OF RATTLESNAKE HAMMOCK ROAD - APPROVED CHAIRPERSON MATTHEWS: We'll call -- call back to order the board of county commission meeting for April 18, 1995. We are at the point in our meeting where we are doing the manager's report, and we are at item H-i, a recommendation the Board of County Commissioners approve two appraisal agreements. Mr. Conrecode? MR. CONRECODE: Commissioners, for the record, Tom Conrecode from your capital projects office. And this item before you today is request to approve two appraisal contracts for right-of-way acquisition work associated with Rattlesnake Hammock Road. The board approved or authorized by resolution in November of '94 acquisition by gift or purchase all the necessary right-of-way for the construction of the four laning of Rattlesnake Hammock Road. These two items before you today split the number of parcels along Rattlesnake Hammock Road between two appraisal firms. And as a result staff is recommending approval with two specific recommendations that you approve the attached appraisal agreements and authorize the chairman to execute them as well as to approve the plan for payment of appraisal fees as it relates and differs from the original contracts that the board put in place. Total fiscal impact is -- is estimated at $26,300. CHAIRPERSON MATTHEWS: Are there questions? Is there a motion? COHMISSIONER NORRIS: Is there public speakers? CHAIRPERSON MATTHEWS: I have -- wouldn't think we would. But do we? MR. CUYLER: No, we do not. CHAIRPERSON MATTHEWS: I wouldn't think so. COHMISSIONER NORRIS: Motion to approve. COHMISSIONER HANCOCK: Second. CHAIRPERSON MATTHEWS: We have a motion and a second to approve the recommendation and to approve the appraisal agreements. No further discussion, I'll call the question. All in favor please say aye. Opposed? There being none, motion passes five to zero. Thank you, Mr. Conrecode. Item #8H2 COLLIER COUNTY AIRPORT AUTHORITY'S EXECUTIVE DIRECTOR'S EHPLOYHENT AGREEMENT TO REFLECT A SALARY OF $59,900 EFFECTIVE OCTOBER 1, 1995 - APPROVED Next item on the agenda is a recommendation that the Board of County Commissioners amend the Collier County Airport Authority's executive director's employment agreement. Who is speaking? No one? COMMISSIONER CONSTANTINE: Item's been withdrawn. CHAIRPERSON MATTHEWS: Do we have -- MR. CUYLER: I assume because of the sort of unique position of the airport director that there's not going to be a staff presentation. We do have four public speakers. CHAIRPERSON MATTHEWS: We have the chairman from the airport authority I think that wants to address this. MR. CUYLER: Mr. Price. I assume all of these gentleman are in favor of this. But Mr. Price is the first speaker. CHAIRPERSON MATTHEWS: Mr. Price. MR. PRICE: Thank you. I'm speaking on behalf of the airport authority as the airport authority's current chairman. And to stress the importance of this I even went and got a tie. You don't see me in one of those very often but it is -- CHAIRPERSON MATTHEWS: It's a nice looking one too. MR. PRICE: It is an important issue to us. I'm going to try to be brief because I think that the facts in this case speak for themselves. You've got a long agenda, and I don't want to tie you up as the other speakers feel the same. But I think the important point to concentrate on here is the fact that a little over a year ago we advertised a position. We advertised the position based on the county manager's personnel department saying this is a salary range after their research that it will take to fill this position. After we advertised the position, interviewed candidates and were ready to hire, the county commission decided that -- that because this was something new they were getting into and -- and -- and they were a little bit tentative, they wanted to see how it was going to work, said, we're going to lower the amount that we're willing to pay in -- in the beginning. We'll look at it later. And if we feel that we were inappropriate in the amount we set, we will come back in line with where the recommendation was that the salary be. That time has come. We have seen the performance of our executive director. We have some four million dollars plus in improvements being made to our airports. We have a substantial amount of matching funds from FDOT and EDA. I think everyone in Collier County is surprised at where we've gotten in a very short time because Mr. Drury did come in, hit the ground running. We do know that the first two applicants that we talked to for the position withdrew their applications when finding that the salary had been -- range had been lowered. So we do feel that the personnel department was appropriate in setting the salary range to begin with, and we need to make this adjustment to get the salary where it should have been. We know that there will be concerns by other employees that say, I'm not getting this kind of a raise. But those employees were hired at an appropriate salary level to begin with. They are hired within the salary ranges recommended by the personnel department. This employee was not. And we're simply saying one time let's put the salary where it should have been and then from that point forward, he will be subject to the normal employment appraisals and salary evaluations that every other county employee is. But we must make this one adjustment to get it to where it should have been to begin with. Thank you. CHAIRPERSON MATTHEWS: Thank you. Commissioner Constantine. COHMISSIONER CONSTANTINE: Mr. Price, you've hit on some of these, and -- and I'm sure the other members of the authority will as well. I do have a concern, and this in no way reflects on John. He's done a fantastic job. And I have been an airport authority supporter since before it existed and a John Drury supporter from day one through now. I do have a concern with people like Tom Conrecode, people like George Archibald who are working 50 and 60 hours a week, doing a great job. And you're right. They did accept a job at a recommended price level and have been compensated each year accordingly. I do have a worry. John did accept a job at forty-nine nine. We also discussed at that time, as you indicated, increasing that accordingly and according to him proving himself. The last thing I want to do is nitpick and penalize ourselves and end up losing John over a few thousand dollars because he's done a wonderful job. But I do have a concern about the perception of a thousand county employees getting a 3 percent or 3.4 percent or whatever the number we end up at increase this year and one employee getting a -- what amounts to a 20 percent increase. And I just -- I need you to help me with that. MR. PRICE: Well, I think it's very simple, and I agree with the concern. And I think it goes back to a discussion you had earlier this morning when you were talking about representations that were made although verbally. In the end, you know, were they lived up to or not? And you expect GTE to live up to verbal representations they made to the board. I think this is a similar situation. There were verbal representations made to Mr. Drury at the time although no firm commitments. It was simply a matter of, look, this is something new. We don't want to spend any more money than this. You want to come down and give it a shot, you make it successful, and we'll take a look at whether or not we were right or wrong in setting the salary range. And it's a very simple matter. It's -- it's -- it's not comparing apples to apples. The other employees were set in established job positions with established salary ranges. They were existing jobs that we already had the salary ranges established for, and they were hired within those ranges. The county's personnel department researched this issue and came up with a salary range. And then after that was done, we simply said, no, for the first year we're going to try it down here. If it's successful, you know, we'll take a look at it again. And that's all we're asking you to do. CHAIRPERSON MATTHEWS: It -- it seems to me when that discussion occurred, too, a little over a year ago that we not only elected to start the position at forty -- what was it? -- forty-nine six or whatever, but we actually lowered the classification on that job. We as a board did that and dropped -- dropped the classification number to some -- MR. PRICE: That's possible. I don't have a recollection of that -- CHAIRPERSON MATTHEWS: -- lower or higher number, whichever it is. MR. PRICE: -- because I don't understand all the county classifications sometimes anyway. COHMISSIONER CONSTANTINE: I think -- I think you're right. My recollection of that is we did that for a couple of reasons: One, the existing facilities were almost non-existent. CHAIRPERSON MATTHEWS: Uh-huh. COHMISSIONER CONSTANTINE: And the number of employees that supervision would be required for compared to some of the other department heads who supervise 60 or 80 or 100 employees. MR. PRICE: And -- and -- and I will tell you I don't think the county airport authority is going to be back to you next year saying we need to do this again and the next year saying -- this is something we're going to say we want a merit evaluation of his performance, and we want him to receive a salary increase in the future that's commensurate to what other people that are performing at that level are getting. This is a one-time adjustment to put him where the job ought to be and -- and not to compare to other salary increases. CHAIRPERSON MATTHEWS: Commissioner Constantine. COHMISSIONER CONSTANTINE: Do we currently have -- I'm trying to remember the format we ended up. We debated what format we would do this in because we hire the executive director, and he answers to everybody. It's kind of a unique formula. Do -- do we have a contract, or were you hired in as a regular -- I think there's a contract, but then it references several of the regular employee statutes. I'm just wondering. MR. CUYLER: Correct. And the -- in fact, your attachment is an amendment to that contract that would be necessary to increase the salary. COHMISSIONER CONSTANTINE: From -- all right. I'll wait. I may have an idea with that. MR. PRICE: And that creates a difficult situation too. I'll give you an example. Last Friday there was an issue that came up last week that may have delayed the Immokalee construction by three or four months. When Mr. Drury called me because he thought there was something I could -- I could help with there to -- to resolve that, we were putting a new computer in the bank, and I just couldn't give him any time except Friday morning. I told him, here's 30 minutes. That's all you can have. Well, it happened to conflict with a county manager's meeting. And, you know, he's trying to get me to -- to move my time, and I'm saying I can't. And he's answering to -- to -- to two different people. That's a difficult situation. But I think he does the best with it that can be done. CHAIRPERSON MATTHEWS: Commissioner Hancock. COHMISSIONER HANCOCK: On that, as the airports develop, I think we will see a structural streamlining of that. I hope to. My whole basis for support of this salary increase is that a non-specific performance caveat was basically placed on Mr. Drury when he accepted the job. It was -- it was very general. It was vague. But the underlying meaning was -- and this is based on -- on what I've gone back and looked at -- was you perform, and we'll bring you up to where you should be. It's not unusual in a new position to do that, and I think it was a wise and prudent move. Whether we do it now or we do it a year from now when our field sales have -- have tripled or quadrupled or gone through the roof due to the improvements and -- and the airports are coming along, it's going to have to be done. So eventually we're going to face a decision of whether -- of -- of bumping Mr. Drury where other employees are not seeing that same type of increase. I have no reservations about making that now because as everyone up here feels, he has proven himself quite capable. And so I just wanted to say that the whole support for this is coming simply from that -- that non-specific caveat, and I think it's time that we put this behind us, we put him where he needs to be, and that he's on the same playing field with all other county employees. I will say that if we bump him at this time, the upcoming 3 percent or roundabouts for county employees this year, I don't think that should apply. CHAIRPERSON MATTHEWS: This contract prohibits that anyways. COMMISSIONER HANCOCK: And I wanted to clarify that, that that increase this year would not apply to Mr. Drury, but he then would be subject next year. Okay. CHAIRPERSON MATTHEWS: Commissioner Mac'Kie. COMMISSIONER MAC'KIE: Actually Mr. Price said exactly what I wanted to say, and that is we have talked a lot this morning about having people live up to the verbal representations that they make in meetings. And -- and I understand that a representation was made. And all we're being asked to do is live up to it. I -- I would wonder if there -- if the other public speakers are all in support if they might waive their speech and let me make a motion in support of approving the -- the -- the raise as proposed. CHAIRPERSON MATTHEWS: We have a motion. MR. DORRILL: The only registered speakers appear to be the other members of the port authority. CHAIRPERSON MATTHEWS: Commissioner Norris had some comments. COMMISSIONER NORRIS: Well, I -- I just want to say before we vote that Commissioner Constantine has some very good points, and we've discussed this before. The perception by other county employees that -- that this is an unjustified escalation of pay I think is -- is probably not correct in this instance because my recollection agrees with -- with Mr. Price that -- that we did, in fact, as a board discuss this at some length originally and -- and decided that if we could -- if we could hire Mr. Drury at a lower salary, then subsequently he proves his worth and value and -- and gets things moving that we would certainly come back and take another look at his -- at the more appropriate salary range. And that's what we're here to do today, and so I will second the motion. CHAIRPERSON MATTHEWS: We have a motion and a second. Is there further discussion? There being none, I'll call the question. All in favor please say aye. Opposed? There being none, motion passes five to zero. Thank you. I think that goes a long way toward telling people not only are we going to do what we promised to do as far as the public's concerned, but we're going to -- to address our employees with their -- with the promises we make to them also. MR. DORRILL: One thing that we're going to suggest so that there not be a -- a misconception on the part of your other management people, the board last updated its -- its managerial pay plan in 1987, and that was the year that we created the pay plan that is still in place. And in fairness, one of the things I have asked Mr. Ochs to evaluate is perhaps towards the late end of summer or going into next fiscal year is to -- is to do a check of the pay plan and make sure that we're still able to attract the type of people that we want to be because unfortunately it's never been modified or reviewed since it was adopted eight years ago. CHAIRPERSON MATTHEWS: When we did pay plan -- tongue tied -- pay plan adjustments in our budget last year, that didn't include management? MR. DORRILL: Typical focus on those is just the pay ranges for certain selected positions as a result of a survey. What I would like for us to do is a review of the entire position classification and pay plan and -- and see whether or not the minimum and maximum ranges need to be adjusted. And I think that's the prudent course of action for the remainder of the employees. CHAIRPERSON MATTHEWS: Commissioner Hancock? COMHISSIONER HANCOCK: Mr. Dotrill, I -- I think that's fine, but I would like that to be done in conjunction in committee form with the productivity committee which has done extensive work in our human resources department. And I believe the Greater Naples Civic Association has done a tremendous amount of work there too. I think in order to have community support for any action regarding a reclassification, the involvement by those two groups would be -- MR. DORRILL: That's an excellent idea. COMHISSIONER HANCOCK: -- would be necessary. MR. DORRILL: I support that 100 percent. COMHISSIONER HANCOCK: Thank you. I -- COMHISSIONER CONSTANTINE: That's exactly what I was going to suggest. COMHISSIONER HANCOCK: And I'll ask that you -- and we'll sufficiently direct the productivity committee if necessary and ask that you contact the civic association and request their assistance. CHAIRPERSON MATTHEWS: That sounds like direction from the board? COMHISSIONER MAC'KIE: Yes. COMHISSIONER CONSTANTINE: Indeed. Item #12C1 RESOLUTION 95-290, ESTABLISHING NEW COUNTY COMMISSION DISTRICT BOUNDARIES IN ACCORDANCE WITH CHAPTER 124, FLORIDA STATUTES AND THE FLORIDA CONSTITUTION - ADOPTED SUBJECT TO STIPULATIONS CHAIRPERSON MATTHEWS: Okay. Next item on the agenda, it's eleven o'clock. We are going to begin the public hearing process for item 12-C-1 which is the redistricting. Mr. Perry, I believe you're going to give us a brief overview this morning for the benefit of the Wyndemere -- MR. PERRY: Yes, ma'am. CHAIRPERSON MATTHEWS: -- residents. And then later this afternoon at the normal public hearing time, you'll give us a full presentation on it. MR. PERRY: Right, right. It will be important for me to get some information on the record in the afternoon session. For the record, my name is Jeff Perry, chief planner in the county's planning services department. I've been asked to make a presentation to you today concerning the proposed redistrict boundary changes that were presented to the board on December 13. The board directed us to proceed with a series of public meetings. We've had those public meetings and presentations to two of your advisory boards in addition to the three public meetings. This morning I believe the majority of the people that are in attendance would like to put on the record information or their opinions about the redistricting boundaries for one particular area. I have two maps over here, two identical maps. The area number 5 which is the Wyndemere parcel up here is presently within county commission district 2. It is also within school board district 3. In fact, according to the -- as the boundaries for the county commission districts and school districts are currently drawn, it is the only deviation between the county commission districts and the school board districts that were approved in 1991. That deviation exists because at the time Commissioners Volpe sitting as a county commissioner and School Board District Representative Quinby were both residents of Wyndemere and, in fact, could not be in the same districts. So that deviation presently exists, and that is the primary reason for attempting to change the boundary now that along that particular line Wyndemere would then become part of county commission district 3 and would also be in school board district 3. What that allows to happen with all of the other changes is the school board, should they decide to do so could come along behind the county commissioners, adopt the same district boundary changes as we have proposed here obviously without having to do anything with the Wyndemere development within district 3, and they would be able to have exactly the same boundaries that the county commission has. So that's the purpose of the changing of area number 5. Present -- 1994 population, 566 people. That is just the Wyndemere community. And that's the purpose for that particular change. I think at this point it would probably be appropriate to have public input and then any additional questions that you might have I'd be glad to answer as we go along. CHAIRPERSON MATTHEWS: Thank you, Mr. Perry. Mr. Constantine? COHMISSIONER CONSTANTINE: I have received as I assume each of us has seen from Wyndemere the petition with four hundred and some odd names on it. That's better than the voter turnout we usually get. There's 506 there, and we've got 400 names already on a signature. I came up with a couple alternatives. I know our goal first and foremost by law is to keep our commission districts as equally represented population-wise as possible. At the same time I think it -- one of the goals you mentioned is to try to get those commission districts similar or identical to the school board districts. I think that is a secondary concern. I think the most important thing is make sure those people in the districts are happy with their representation as well. That's more important anyway to me than having exact same lines as the school board. I played a couple little mathematical games here, and I think we can have very, very close numbers as required by law with a couple of different alternatives. One is simply to not shift Wyndemere from Commissioner Hancock's district into my district. That would keep Commissioner Norris, Commissioner Matthews, and Commissioner Hac'Kie all the same. Let me just read you those numbers: thirty-six eight seventy-nine in Norris; thirty-six one twenty-two in Hancock; thirty-six seven fifty-nine in my district; thirty-seven four forty-five as proposed in Commissioner Hac'Kie's; and thirty-five six eighteen as proposed in Commissioner Matthews. All of those would -- the three other than Tim and Tim would be exactly as it was proposed by our staff. That would merely shift those 506 people back into district 2. The other alternative would be in an effort to offset some of those numbers in -- in -- losing in my district is to bring back North Road which is just north of the -- just south of the airport, has been suggested to be moved to Commissioner Hac'Kie. So again, Commissioner Matthews, Commissioner Norris would stay the same as what is proposed by Mr. Perry. But that change would give us two commissioners in the thirty-six thousands, two commissioners in the low to mid thirty-seven thousands, and yours would remain the same in the high thirty-five thousand. So both of those I think meet the legal requirement of what we're trying to do, keep you all happy. And the only one that may not be happy is Mary Morgan if she still ends -- ends up with the school board having separate districts. But I think that achieves our goal of legally trying to keep the districts as close as we can. CHAIRPERSON MATTHEWS: Commissioner Hancock. COHMISSIONER HANCOCK: First I want to thank Commissioner Constantine for his calculator work. I -- I appreciate that very much, and I think it's very much in response to requests from -- from you, the citizens. The need to match the school board districts in my mind does not outweigh the logical placement of county commission district lines. To pull Wyndemere out at this time means that we create a single community that is bordered on three sides by a separate representative district. That's not logical. What's logical is to keep as neat and clean lines with as few pockets as possible. In a couple of years -- I'm sorry, three and a half years, Mr. Quinby will be either up for reelection or if -- if his sanity is still present will probably not run for the simple reason that I don't know why anyone would want to be on the school board. But should that happen, we then have Wyndemere that's been districted out that would at that time make sense to be districted back in. And -- and, you know, whether we change it now or we look at it in three years, I don't think it's going to have a dramatic difference. It will cause Miss Morgan to make one more type of ballot style because that line will not match. I understand that's a difficulty. I understand it's an expense. But I'm not willing to sacrifice what I consider to be a contiguous representative area for that single purpose. So, Mr. Constantine, as you ran through your numbers, it made sense to me, and I think there are a lot of people in this room that might be save some time is if there is an additional -- at least one additional on this board that feels the redistricting of Wyndemere itself is not logical and does not make sense. And if that's the case, then we can carry forward. CHAIRPERSON MATTHEWS: Just a second. Ladies and gentlemen, in an effort to complete what we have to do today -- we do have a fairly long agenda item, and -- and I know you've just heard two -- two commissioners tell you what you want to hear and -- and -- and make you -- and make you very happy. But in an effort to move this on, I'm going to ask you to hold your applause. And we are going to be continuing the public hearing to the afternoon portion. Commissioner Norris. COHMISSIONER NORRIS: Well, I just want to make everyone aware that I certainly feel inclined to support the wishes of the citizens in maintaining their -- their status in district 2 from Wyndemere. So I think I can count to three already. CHAIRPERSON MATTHEWS: I -- I think I'd like to hear from Mrs. Morgan as to what kind of grief this would -- this would cause her and her office. Mrs. Morgan, do you have anything to say? COHMISSIONER CONSTANTINE: Hiding around the corner back there. MS. MORGAN: I don't really have any comment. I'm going to live with your lines. CHAIRPERSON MATTHEWS: You have to come and put that on the record. MS. MORGAN: The only comment I have is that you -- I feel that you're obligated by 124 to -- every odd-numbered year to receive a report from your staff on the population among the districts and if there is an imbalance to adjust it. I have no say in where you draw the lines. CHAIRPERSON MATTHEWS: Okay. Is 330 votes difference, because that's essentially what we're talking about with this particular change, going to make a difference from -- MS. MORGAN: You need to see if it's going to -- CHAIRPERSON MATTHEWS: I need him to tell me that. MS. MORGAN: -- comply with the court cases, with the case law, and not what I'm going to tell you because wherever you put the line, we're going to live with it. And I may moan and groan about it, but that's my right because I didn't have a say in where you drew the line. CHAIRPERSON MATTHEWS: Thank you. Mr. Cuyler, is 330 votes approximately different spread going to make any difference? MR. CUYLER: It's not going to legally preclude you from doing that which will be the ultimate question that you have. You do perhaps -- you are perhaps going to have some other citizens this afternoon before you figure any final figures. Obviously you gotta listen to those. But no, if Wyndemere were to stay in the present district as opposed to being moved, that's not going to render your decision legally incorrect in any way. CHAIRPERSON MATTHEWS: But the -- well, I'm looking at the suggestion Commissioner Constantine has made that we swap out North Road area for the Wyndemere area. That -- that's a net change of only 330 votes instead of 660 -- 560, I'm sorry. MR. PERRY: Can I comment on that? CHAIRPERSON MATTHEWS: Mr. Perry, uh-huh. MR. PERRY: Keep in mind that we're talking about population and -- and not actual registered voters or anything like that. These are all women -- men, women, and children we're counting up here. Also keep in mind that Commissioner MAc'Kie's district, district 4, does not grow as rapidly and will not grow with the new boundaries as rapidly as the remaining districts. And that's one of the problems that over the last four or five years has created the disparity between the district populations. It would be -- just to respond to Commissioner Constantine's calculations, it would probably be better not doing anything with the North Road area, leaving Commissioner MAc'Kie's district that much higher than the rest because by this time next year, she's probably going to be behind in population because everybody else continues to grow and her population area does not. But I would also agree with -- with Mr. Cuyler that you will hear -- I assume you will hear from this afternoon other people who are not particularly enthralled with the idea of moving district boundaries. So I've run some numbers, as Commissioner Constantine has, about moving this one in, this one out, not doing this, not doing that. And any number of combinations can be made, and we'll take whatever direction you provide to us and come up with those numbers for you. So it's a matter of, I think, listening to everybody and deciding what is important. CHAIRPERSON MATTHEWS: Yeah, I -- I -- I remember when this was done in 1991 which was just before the 1992 election obviously. And I had a significant area that became part of district 5 meaning east of 951 and south of 41. And I literally had to spend a good deal of time convincing the residents there that they were indeed in district 5. So yeah, it -- it -- it can be an educational process. There are public speakers, I believe. MR. CUYLER: Mr. Randall. CHAIRPERSON MATTHEWS: Mr. Cuyler, you had something you wanted to say? MR. CUYLER: I just have a -- a petition to describe and submit for the record when Mr. Randall finishes. As a matter of fact, he may -- he may describe this himself. CHAIRPERSON MATTHEWS: Okay. Mr. Randall. MR. RANDALL: Thank you. My name is John Randall, and I'm the president of the Wyndemere Homeowners' Association and in that capacity representing Wyndemere's position in this issue of redistricting. I think that we owe a special debt of appreciation to Commissioner Con -- Commissioner Constantine and Commissioner Hancock and presumably to Commissioner Norris. And essentially what you've done is remove most of what I had proposed to say which in the interest of time hopefully will be persuasive. I would simply try to summarize the situation by quoting from a famous Supreme Court case dating 1825 involving Dartmouth College versus the State of New Hampshire wherein Dartmouth College was represented by Daniel Webster who said that though Dartmouth is only a small college there are those of us who love it. I think we could say though Wyndemere is only a small development, there are those of us who love it, especially in district 2. Thank you. CHAIRPERSON MATTHEWS: Thank you. Thank you, Mr. Randall. Does that -- does that conclude the speakers, or you need to -- MR. CUYLER: I believe that -- CHAIRPERSON MATTHEWS: -- address the -- the petition? MR. CUYLER: Why don't you come to the podium and identify yourself. MR. KERRIGAN: Bill Kerrigan, Poinciana Village. There are those of us in Poinciana Village that love it and we would love to stay in district 2 if my paraphrasing was good. Can Mr. -- can Commissioner Constantine sharpen his pencil and figure out a way for us to stay in there? And hopefully we're going to look at one issue that will be very serious is some people when they get redistricted can vote every other year for county commissioner. Some stay at four years. And some as in district 4 -- district 1 going into district 4 may lose the opportunity to vote every four years and get postponed to six. So, you know, I think that's something we need to look. I made the point before. CHAIRPERSON MATTHEWS: Yeah. MR. KERRIGAN: I mean, in the interest of fairness, we won't -- don't want to tell somebody you're not -- you're going to miss an election cycle. So -- CHAIRPERSON MATTHEWS: We have to balance the population within the districts too, and -- and some people have the ability to do that also individually just by moving around within the county. So I mean, we -- we -- it's impossible for us to address every contingency obviously. But we're -- we're going to try to do our best as -- according to what the law requires us to do. MR. KERRIGAN: Remember -- but Wyndemere would have voted every other year instead of every six. CHAIRPERSON MATTHEWS: I hear you. MR. KERRIGAN: And, you know, we're willing to work with any commissioner that is our commissioner just as long as they got an oil can because sometimes we're a squeaky wheel. COHMISSIONER CONSTANTINE: Just one comment. CHAIRPERSON MATTHEWS: Just a moment. Commissioner Hancock. COHMISSIONER HANCOCK: I do want to say -- and it's -- it's been expressed to me by the residents of Wyndemere also that in no way are these requests directed at any one person on this board but simply a desire for things to be a certain way. And I want to express that particularly because I feel confident that -- that any area that's redistricted will, in fact, receive adequate if not equal more so representation. So I want to pull that off the front because it has been expressed to me from residents of Wyndemere that it has nothing to do with the individual but more or less the association, the geography, and so forth. And -- and I want to thank you -- thank you for that comment. CHAIRPERSON MATTHEWS: Commissioner Constantine. COMMISSIONER CONSTANTINE: One of the things -- and I think I speak for all five commissioners -- is regardless of where the district lines are, I hope you will feel welcome to call -- COMHISSIONER MAC'KIE: Thank you. COMHISSIONER CONSTANTINE: -- on any of us. COMHISSIONER MAC'KIE: Thank you. COMMISSIONER CONSTANTINE: Because while we geographically are elected from one area, we do all represent the entire county. So whether you're in 2 or 3 or 5 or whatever, feel free to call me or any of us for that matter. CHAIRPERSON MATTHEWS: I get calls from all over. COMHISSIONER MAC'KIE: Me too. CHAIRPERSON MATTHEWS: I think we all do. COMHISSIONER NORRIS: I'm sure we all do. CHAIRPERSON MATTHEWS: Mr. Cuyler, I think you have a petition that you need to describe for the record. MR. CUYLER: Yes, MAdam Chairman. It's the petition that was referred to earlier I believe by Commissioner Constantine. It just states that it's a petition. The purpose of this petition is for the community of Wyndemere to remain in district 2 and has a legal description. It says, we, the undersigned residents of Wyndemere, hereby petition the Collier County Board of Commissioners to support our desire to remain in district 2. And then there's the various signatures and addresses. There's a cover letter from Mr. Randall, and we had also asked for a couple of the types of letters that had been sent by the commissioners to the residents, and that's included as well. CHAIRPERSON MATTHEWS: How many petitioners signed that? Any idea? MR. RANDALL: 407. CHAIRPERSON MATTHEWS: 407 out of the 566 were a significant number. MR. CUYLER: And I'll submit that for the record. CHAIRPERSON MATTHEWS: Thank you. With that, we are going to suspend the public hearing on this item until later this afternoon when it will come up in the regular course. Mr. Perry? MR. PERRY: Just in the interest of time, if you would allow me to pass out to you the worksheet that I prepared this morning concerning some of these boundary changes and how it affects the numbers, and then you'd have a chance to look at it perhaps over lunch and be prepared this afternoon. CHAIRPERSON MATTHEWS: That's a good idea. Thank you. COMHISSIONER HANCOCK: Just for informational purposes for those of you here from Wyndemere, I think you can feel fairly assured that this board should be acting this afternoon that Wyndemere will remain in district 2. Thank you for being here. (Final Action taken later in the meeting.) Item #8H3 REPORT ON REVENUES FOR THE FIRST QUARTER OF FISCAL YEAR 1995 - ACCEPTED CHAIRPERSON MATTHEWS: We're going to move -- we're going to move forward with the agenda. If -- ladies and gentlemen, if you could exit the room more quietly, I'd appreciate it. Thank you. Next item -- next item on the agenda is -- is 8 -- I'm lost. COMMISSIONER CONSTANTINE: The Mike Smykowski report. CHAIRPERSON MATTHEWS: No, that was this morning. 8-H-3. This is the report on revenues for the first quarter. Mr. Smykowski. You were right. MR. SMYKOWSKI: Good morning. For the record, Michael Smykowski, acting budget director. I'm here to present the report on revenues for the first quarter of fiscal year 1995. CHAIRPERSON MATTHEWS: Excuse me, Mr. Smykowski. Ladies and gentlemen, could you please quiet down? I appreciate that, and thank you. There's nothing like the noise from a happy crowd. COMMISSIONER HANCOCK: It's so rarely heard in these chambers. MR. SMYKOWSKI: That's true. I thought it was something I said. The room is empty now. On page 3 of the executive summary is a listing of the actual state shared revenues, major enterprise fund revenues, and impact fee collections from October 1, 1994, through December 31 of '94 which is the end of the first quarter of fiscal year 1995. Within the intergovernmental revenue category, we have the half cent sales tax and the state revenue sharing are slightly below budget, as is the voted gas tax or the nine cent. State law does require, however, that the county only approach 95 percent of available revenues. And as these are -- 50 percent variance is within that 5 percent, we are -- if you -- if you collect 95 percent, you make -- you've made budget in essence. The local option gas tax is showing a variance at this point of 7.1 percent. We'll be monitoring that closely. When the budget was developed, we had three months of actual revenues. Again, that was the five cent local option that was initiated in January of last year. So at this point we do have five months of revenue in the bank. We're watching that closely obviously to see how they compare. At this point it does appear it will be slightly below. We'll be monitoring that closely over the next month or so and potentially make a budget adjustment there if necessary. Within the enterprise fund revenues, water revenue is slightly below at 2.2 percent again. That is within the 5 percent revenue reserve. Sewer revenue is 8.6 percent, projected at 8.6 percent below the budgeted amount. That is something we've watched closely. As part of the FY '94 year end report, sewer revenues were like 8 -- in the same ballpark short from what was projected and actually received in fiscal year '94. And as the executive summary states, the budget was built upon the forecast level. At this point we are running slightly behind. Again, at the end of the second quarter we will be making -- assuming that trend continues, we would make a budget reduction in that area to reduce appropriations as a fiscal control measure. Impact fees, we've had some very large commercial impact fees hit during the first quarter of the year. And obviously, as you can see, there are large surpluses projected in most categories. So in general terms the revenue trends remain strong and positive. Obviously the local option five cent gas tax and sewer revenue is something we would monitor closely. And if we had any recommended budgetary adjustments, it would be at the -- at the presentation of the second quarter report. CHAIRPERSON MATTHEWS: Questions? Commissioner Hancock. COHMISSIONER HANCOCK: Mr. Smykowski, would you just briefly explain for me the -- I understand the reason for the 36 percent reduction for ambulance fees. That money will be made up from -- MR. SHYKOWSKI: At this point it's a function of billings being behind and converting to a new billing system -- COHMISSIONER HANCOCK: Okay. MR. SHYKOWSKI: -- that we're working in conjunction with through the hospital. COHMISSIONER HANCOCK: Okay. That answers my question. Thank you. MR. SHYKOWSKI: So there is not -- year end you see we are not -- we are projecting to receive the full 2.2 million, so it's just an administrative issue at this point. That is being resolved. CHAIRPERSON MATTHEWS: Commissioner Constantine. COHMISSIONER CONSTANTINE: Do you have a relatively high level of confidence that they'll actually get the billing system in order and everything will be where it should be by the end of 12 months? MR. SHYKOWSKI: Yes. And we discussed that both with the EHS director and Mr. Yonkosky. And in speaking with Mr. Yonkosky just this morning, they're hoping to resolve it in the next couple of weeks and getting the billing up to snuff. COHMISSIONER CONSTANTINE: Thank you. CHAIRPERSON MATTHEWS: I -- I just have one question, and it's a consistent question that I'm asking every quarter that we get this is -- is that we get percent variances for the quarter, and we get percent variances year to date. And I -- I guess what I'm asking for, the quarterly budget information is what was actually budgeted to be received for that quarter? MR. SHYKOWSKI: Yes. CHAIRPERSON MATTHEWS: Okay. So -- so you have taken into account the historical receipt of revenue over a period of time. MR. SHYKOWSKI: Yes. CHAIRPERSON MATTHEWS: And our local option gas tax while it was new and therefore it's -- MR. SHYKOWSKI: That is one that we just divided into categories. CHAIRPERSON MATTHEWS: Yeah. It's going to be a little -- a little hairy. I do notice, though, that the state revenue sharing is down 11 percent for the quarter which to me is more important than what it's down for the year and -- but that the 6 cent tax is up by 17 percent and the TDC tax is up by 13 percent. Are you expecting that trend to continue for the -- for the year? MR. SHYKOWSKI: Not for the entire year. At this point we're projecting 5.4 percent for the -- for the year for the -- for the tourist development tax above budget and -- CHAIRPERSON MATTHEWS: So -- so we're still in a process of -- of smoothing out, so to speak, the quarter-to-quarter -- MR. PERRY: Yes. CHAIRPERSON MATTHEWS: -- or even month-to-month allocations. MR. SHYKOWSKI: Yes. Some of those obviously -- the tourist development tax we do not have a long history there as -- as we do in some of the other areas so that -- CHAIRPERSON MATTHEWS: Uh-huh. Okay. I -- I think that over -- over time I would just like to see a more smoothing out of the process by the quarter so that we can see for the quarter we were expected to get a certain percent of the annual res -- of the annual revenues and it either met that projection or it didn't. There's enough variation here that to me is wild enough such as water impact fees being up 105 percent for the quarter that I'm having a little bit of difficulty understanding that impact fees are up so high but building permits are -- are -- are down 2 percent. So, you know, our planning is either good or it's bad. But these two things indicate that it's neither good nor bad. I mean, really I would expect impact fees -- COHMISSIONER CONSTANTINE: I gotta write that down. CHAIRPERSON MATTHEWS: Yeah. I would expect impact fees to be keyed more closely to permits, yet our permits are down and impact fees are -- are wildly out of range. MR. SHYKOWSKI: They fluctuate wildly typically with very large commercial permits that when they hit, you're -- you're light years ahead of budget. And if you budget for them and they don't come in, you're light years behind. CHAIRPERSON MATTHEWS: Then you're way behind. MR. SHYKOWSKI: We've attempted to be fairly conservative and tried to wean those out of the budget. And a few years ago we -- we had the large impact commercial fees budgeted. And we went through three quarters of the year and they hadn't hit yet, and we looked dramatically behind. And then suddenly they do materialize and it's ah, it saved the day kind of thing. CHAIRPERSON MATTHEWS: Well, then -- then what you're telling me then is -- is that the permit fees for a large commercial project are -- are not -- there's not as large a difference between a large commercial project and a smaller project for permit fees as there is difference between the impact fees for those two projects and that without a long history, you don't have any way to really project it. MR. SHYKOWSKI: That is correct. I can tell you the impact fees is obviously the area of the greatest volatility from quarter to quarter. CHAIRPERSON MATTHEWS: Commissioner Norris. COHMISSIONER NORRIS: Mr. Smykowski, you've got a number of different ways or a number of different gasoline taxes that are split up. Looking at the quarter, the variance on what we actually collected over what we had budgeted, I see that one of -- one of these taxes is up 17.3, one is down 2.4, one is down 3.2, one is up 1.9, so forth and so on. Are there some gallons of gasoline being sold that -- that have only a portion of these gas taxes, or do all these taxes apply to each gallon of gasoline sold? MR. SHYKOWSKI: They all apply to each gallon of gasoline sold. COHMISSIONER NORRIS: In that case why aren't all these numbers exactly the same as far as the variance goes? MR. SHYKOWSKI: Well, one thing that has changed this year, previously the county gas tax, the state took all the administrative fees out of one source for the -- both the sixth, the ninth, and the seventh cent. What -- what has happened is the county sued and said why are you taking money away from the seventh cent gas tax as an administrative fee when it was actually collected and should have been charged to the ninth cent? So part of that is a reallocation of the administrative fees in proportion to each of the various revenue sources as opposed to taking it exclusively from the seventh cent gas tax. That is one change that has kind of thrown a -- a monkey wrench into the system. COMMISSIONER NORRIS: So your answer is -- is that to some degree it's allocation -- specific allocation of administrative costs and so forth? MR. SMYKOWSKI: Yes. COMMISSIONER NORRIS: Otherwise it seemed to me it would be a very simple matter to make them come out exactly the same. You just guess the number of gallons that are going to be sold and project that. CHAIRPERSON MATTHEWS: And assess the tax, right. COMHISSIONER NORRIS: Okay. Thank you. CHAIRPERSON MATTHEWS: Okay. This is -- this is a report. I don't believe there's anything we need to do other than to receive the report. Is that correct, Mr. Cuyler? MR. CUYLER: That's correct. MR. SMYKOWSKI: At this point there are no recommended budget reductions or changes at this point. They will be made at the second -- at the second quarter should they be necessary. CHAIRPERSON MATTHEWS: Okay. Thank you, Mr. Smykowski. MR. SMYKOWSKI: Thank you. Item #8H4 DISCUSSION AND DIRECTION RE MANDATORY SOLID WASTE ON THE TAX BILL - TAX COLLECTOR'S BID APPROVED AND DOR STAFF TO BE REDUCED; COUNTY ATTORNEY TO AMEND ORDINANCE AND DEVELOP CONTRACT CHAIRPERSON MATTHEWS: Next item on the agenda is item 8-H-4 which is the board discussion and direction regarding the mandatory solid waste on the tax bill. Mr. Dotrill. MR. DORRILL: I'll be presenting this, and we also have a handout. And I wonder if Mr. Yonkosky could assist me in just passing this out to the board. The board members will recall that as part of the final deliberations to approve the billing activity for those portions of the county manager's agency that we had indicated a willingness to take alternative bid or proposals for those activities that are currently being performed by constitutional officers, specifically garbage collection and a variety of special assessment billings that are under the perview of the clerk. And we have established and there is a proposal process that follows your purchasing practices, and I believe the date for the receipt of those is sometime on or about the 1st of May. We will report those back to the board. As part of a prebid conference that we held with the constitutional officers who have expressed an interest in potentially billing, the tax collector indicated that he would be proposing on a billing mechanism but that aside from that that he intended to ask the board and make them aware of the possibility of putting your mandatory garbage billing on the tax roll and including those costs along with the ad valorem and other special assessment taxes that are on the tax roll. And I indicated to him that while I did not feel that that was particularly responsive, that that is a policy issue that is available. There are other counties that put solid waste billing on the tax bill. And as a result of that, I indicated to him that outside of the bid process that I would entertain and then pass along to the board his proposal to put solid waste billing on the tax roll. And I will tell you that if you look just at the cost to -- to print and mail the bill, he has given us a very good proposal, certainly much better than what he is currently charging us which is $175,000. He has agreed to do that for one dollar per account. It's my understanding that there are approximately 47,000 accounts that are currently there. In an effort to show the board what the total costs are because the work that is being performed by the tax collector's office is just one element of an overall billing and accounts administration and complaint tracking function, I had directed the staff to show the board and to break apart the various costs so that we could show both transfers which are costs to other constitutional officers -- in this case Mr. Skinner and also Mr. Brock -- and the separate costs that are under agreement with Mr. Carlton and then compare them against his alternative proposal at one dollar per account to do those as part of the tax bill. And we have endeavored to do that. And we've got the three columns. The existing column are those total costs that are currently involved in maintaining comprehensive solid waste billing and accounts administration and complaint tracking. The costs in the middle are those costs that would be a reduction from that and ongoing. The one area that I am not clear on -- I understand we've discussed this with the county attorney -- the last costs that show as one-time start-up costs, it's my understanding that in order to put this on the bill that we would have to contact every account in the county by first class mail and -- and -- and do that prior to the consideration of putting garbage billing on the tax bill which can be done in a public hearing. Those costs, as I understand it, are about $20,000. And I'll need somebody to help me with those because I need to have those verified. The final column shows the comprehensive costs again to undertake the billing function as part of the separate proposal that you last reviewed when we asked you to conceptually approve the department as it was proposed. And if I could get Mr. Weigel or Miss Guseneau (phonetic) or Mr. Yonkosky to answer my one question concerning those start-up costs that are under the -- the tax bill because I'm a little -- I'm not totally clear on that, and I don't want to misstate that. MR. WEIGEL: David Weigel, assistant county attorney. The initial start-up costs are statutorily required, mailing -- information mailing to all residents that would be subject to assessment on their tax bill. And we also would have an advertising cost, possibly repetitive cost, to the newspaper prior to the board adopting its resolution which would provide for the implementation of this billing of mandatory solid waste as a non-ad valorem assessment to be implemented into the tax bill that's sent out annually. MR. CUYLER: The estimate's 20,000 as Neil indicated. MR. WEIGEL: The estimate of 20,000 I think is -- gives us a little extra room. We know it will be at least sixteen five, maybe as high as twenty. MR. DORRILL: The only other item that is shown that would be new is also under the middle column, and it's what's called costs for roll certification. Mr. Carlton is under no obligation to make the various rolls merge, and he has repeatedly cautioned us and other governmental entities that his job under the constitution is to take the master roll from the property appraiser and then -- and then convert it to a tax bill. The other rolls that are there electronically and in this case on tape must be provided to him by the governmental entity that is asking for the special assessment to be placed on the same tax bill. But the obligation is either yours or the Lely community development district or whatever the entity is to provide him electronically or on a medium that is acceptable to him. And so we have -- to the extent that we can have put a value on what it would cost to have that information conveyed to us as source information from Mr. Skinner but then converted and updated annually similar to what we do on the east and south county sewer assessment. That's the closest thing that I can compare it to. And there are some engineering costs. Historically those types of services have been performed by civil engineering consulting firms. And we feel that they can do that cheaper than we can. And so the other costs that may be new to you is the costs that is shown there as roll certification. And that is the annual estimate as to what it would take to -- to be able to merge that master roll and a solid waste assessment roll with probably 50,000 accounts. CHAIRPERSON MATTHEWS: Thank you. Questions? Commissioner Constantine. COHMISSIONER CONSTANTINE: I see our tax collector is with us today. Hi, Guy. How are you? MR. CARLTON: Fine. COHMISSIONER CONSTANTINE: Good. I need a little help here. I got through these three -- I don't know. Have you seen this, and do we have an extra copy of this so we can -- MR. CARLTON: Good morning. I'm Guy Carlton, your tax collector, and I'm the one without his reading glasses. COHMISSIONER MAC'KIE: Should I hold it for you, Guy? MR. CARLTON: That'd be just about right, Commissioner. I can make that out pretty well. COHMISSIONER CONSTANTINE: I need a little help on a couple of things. Under the dollar bid -- maybe I'm just being a little slow here. But if we were paying -- what are we paying now? Three bucks, three and a quarter, three -- MR. CARLTON: About $3 a bill now, 3 percent. COHMISSIONER CONSTANTINE: And -- MR. CARLTON: And basically we've dropped it to 1 percent. COHMISSIONER CONSTANTINE: When all is said and done according to this list under the existing, it's three eighty-six two hundred. By dropping it to a third of what it is now, it's three hundred and fifteen eight hundred, actually two ninety-five after the first year. Maybe I'm being a little slow here. But if we're cutting your expense into one-third of what it is -- CHAIRPERSON MATTHEWS: Why didn't it drop to one-third? COHMISSIONER CONSTANTINE: Yeah. Why did it only drop about 25 percent? And maybe, Mr. Dotrill, you can help me. MR. DORRILL: Well, again, the only -- the only line item that is there that shows tax collector, those are the only costs that we're paying for the service that he provides. The other costs there for personnel, for example, are those costs that pay for the account clerks or the customer service clerks who are in solid waste who will refer, gee, we sold the house or gee, they missed my garbage today. So that's why I said I'm careful to say these are the comprehensive costs that go into the entire solid waste equation. COHMISSIONER CONSTANTINE: Guy, the dollar bid contemplates putting this on the tax roll or no? MR. CARLTON: Yeah, we can do it for a dollar an account. That might even be four billings for a dollar which is really a good bargain if they get in the installment program. But we will offer installments just like you do on your tax bill. COHMISSIONER CONSTANTINE: Can you do it -- MR. CARLTON: We did 44,800 this year. Had that been in place, that's what the bill would have been for, 44,800. We will not recover the cost of the rewrite in this bid, but then that's government billing, government billing government. So -- COHMISSIONER CONSTANTINE: You cannot do it for a dollar per unit if we don't put it on the tax bill. MR. CARLTON: Absolutely not, sir. We cannot buy a bill, print a bill, and mail a bill for a dollar. COHMISSIONER CONSTANTINE: Mr. Dorrill, 158,000 for personnel under DOR, if we were to go to the tax collector, how much will that DOR personnel cost go down? MR. DORRILL: My understanding is it goes down by $54,000. Because the personnel requirements run along the top line there, are those costs that we would have for the -- COHMISSIONER CONSTANTINE: I don't mean on this bid. I mean in our department of -- COHMISSIONER HAC'KIE: That's support. CHAIRPERSON MATTHEWS: Now he can read it. COHMISSIONER CONSTANTINE: I mean in our department of revenue -- I don't mean in this bid. I mean in our department of revenue if we give this bid to the tax collector, our payroll will go down in that department I assume. MR. DORRILL: Yes. COHMISSIONER CONSTANTINE: They have less to do. They don't have to do this duty, so they need one less person or two less people or -- MR. DORRILL: Yes. COHMISSIONER CONSTANTINE: How much is that? Does that equal there, 54,000? MR. DORRILL: $54,000. COHMISSIONER CONSTANTINE: So what I'm wondering is is talking about real tax dollars as opposed to what's laid out here. I assume you've already got your personnel. You're not going to hire anybody new. You're not going to lay anybody off regardless of what we do with -- MR. CARLTON: That's correct. COHMISSIONER CONSTANTINE: And what I'm looking at is -- is real savings as opposed to just this simple issue. And if we can save one FTE or two FTEs in our DOR and not -- you don't have to hire anybody new, then we have truly saved dollars. Those are true savings as opposed to if we put it in our DOR and you still carry the same load, then the taxpayer -- it's in your -- your budget or it's in our budget. But the taxpayer is paying for a couple extra people than they would otherwise overall. So it seems to make sense to me with that reasoning that it would -- that -- to give it to you and not hire a couple of extra people on our side would be the ultimate savings to the taxpayer. CHAIRPERSON MATTHEWS: Commissioner Norris. COMMISSIONER NORRIS: I'm not sure who to direct this question to, but I'd like to know under our current system of billing how many or what percentage do we ultimately collect? Who can answer that? MR. CARLTON: Well, I can tell you on the first year -- because then we turn it over to the clerk. But the first year we run about 93 percent -- COMHISSIONER NORRIS: Okay. MR. CARLTON: -- collection. On the tax bill it's always 100 percent. COMHISSIONER NORRIS: Well, that's -- that's my point. If it's 93 percent, that would mean that there's about three or thirty-five hundred accounts not being collected at a hundred dollars a year; right? MR. CARLTON: First year. COMMISSIONER NORRIS: First year. MR. CARLTON: When we -- when we surrender to the clerk, we pick up a new roll for collection as an independent billing. Some of those accounts obviously get addressed. The penalty is not very heavy. So some people just say, well, fine me a couple dollars a month. I'll pay it when I can. Now, we're not aware of that payment because that goes to the clerk as it stands today. COMMISSIONER NORRIS: Okay. So in any case, it would be anticipated that our collection rate would go up somewhat. MR. CARLTON: Yes, sir. COMHISSIONER NORRIS: Okay. MR. CARLTON: I might mention that if you all have to notice every -- notify everybody that would be on the tax bill because it cannot be done this year, we would be glad to add an insert to the tax bills for '95 that would be that notification if it would meet the legal requirements. I have no idea if it has to be certified mail or not. But if we're already sending them a tax bill in '95, we might as well put that information. And I don't know what you've allowed for cost for that. But if it would be the right material to go through the Insertamax machine, we'd be happy to do so. COMHISSIONER NORRIS: Thank you. COMMISSIONER CONSTANTINE: Mr. Cuyler, can we do that? MR. CARLTON: That may not be a legal notification. I'm not sure. MR. WEIGEL: In any event, it's first class mail. But the -- the insertion, the information, is rather lengthy. It may or may not logistically fit into what he has to mail. We could -- we could investigate that. MR. CUYLER: Yeah, our initial response is no, but we would like to take a look at that if Mr. Carlton would leave that offer open for us. CHAIRPERSON MATTHEWS: Okay. Are there other questions? Commissioner Hancock? MR. CARLTON: Thank you. COMMISSIONER HANCOCK: Commissioner Constantine clarified some things for me, and I'm grateful because I look at this, and I feel like I'm playing the shell game. You know, all of a sudden numbers are coming from places, and the bottom line here is -- and, Mr. Dotrill, correct me if I'm wrong -- if we contract with the tax collector for a dollar a bill, the taxpayer one way or another in the end could realize some savings; is that correct? MR. DORRILL: Over what you're currently doing. COMMISSIONER HANCOCK: Or over what is proposed being handled completely in-house with the DOR. MR. DORRILL: Well, I think the answer to that is -- is no, but we ought to walk you through the last column there because you'll -- you'll see the difference is about $27,000. COMMISSIONER HANCOCK: Start-up or each year? MR. DORRILL: My understanding is it's all inclusive. The costs -- Mr. Yonkosky, I'll need your help on this. The final column costs are annualized costs that would be for the first year of operation that total $289,500. MR. YONKOSKY: That's correct. MR. DORRILL: What -- what, if any, additional one-time start-up costs do we have as part of solid waste billing that may not be included in here, if any? MR. YONKOSKY: There -- there are no additional start-up costs. MR. DORRILL: No software costs? They're already built into these numbers. MR. YONKOSKY: They're built into that. The software cost is part of the capital -- where it shows capital software, that is built in there, so there is no additional or no costs that haven't been pointed out to you. COMHISSIONER HANCOCK: So that -- that $27,000 after the first year becomes $7,000, and we're still not even talking about the 54,000 in salaries that we could save in the DOR if Mr. Carlton's people do it. Would that be a correct assessment? MR. DORRILL: I think that is a correct assessment. COMMISSIONER HANCOCK: Then I see a real savings for taxpayers there. Thank you. CHAIRPERSON MATTHEWS: Other questions? MR. CARLTON: I don't know if the county attorney's staff -- it surely, if it goes under 197, has to relieve them of the filing of lien, and -- and the -- and you all don't have to take somebody's house for the lack of payment of garbage. We'll do it for the lack of payment of taxes. Thank you. COMMISSIONER CONSTANTINE: Are you looking for some action, Madam Chairman? CHAIRPERSON MATTHEWS: Mr. -- just a moment. I had one question. Mr. Carlton, you had mentioned billing on a quarterly basis because that was one of my questions. What -- what happens to the households that are paying their garbage collection quarterly? MR. CARLTON: Well, all -- all quarterly payments I believe end sometime in April. If this goes into effect, they will have paid -- they will again pay in the same year if they -- if it gets on the tax bill or they have the option to pay in November, December. But we have quarterlies available. You merely have to apply in April to get a quarterly payment on your tax bill. CHAIRPERSON MATTHEWS: On your tax bill. MR. CARLTON: Yes, ma'am. CHAIRPERSON MATTHEWS: Okay. So they could do that with this -- MR. CARLTON: Quarterly payments are available for your taxes, and this would be on the tax bill and be available, yes, ma'am. CHAIRPERSON MATTHEWS: Gotcha. Any other questions? Is there a motion? COMMISSIONER CONSTANTINE: I make a motion that we go with the tax collector bid and as part of that motion that the FTEs for the DOR be reduced appropriately. COMMISSIONER NORRIS: I'll second. CHAIRPERSON MATTHEWS: We have a motion and a second to go with the tax collector's one dollar bid on this and to commensurately reduce the FTEs for the DOR. Mr. Weigel, you look like you have something you want to say. MR. WEIGEL: Thank you, yes. Perhaps for further definition of direction to the staff, Collier County ordinance 90-30 as amended, the mandatory solid waste ordinance, does provide for alternative type of billing. It does, in fact, in its current language, although it's a 1990 ordinance, state that billing pursuant to chapter 197 may be elected by the board. I would request that the board authorize staff or the county attorney office to bring back that ordinance with amendments as necessary and the appropriate resolution as necessary so that we can implement what you're already directing in the motion. And secondly, I think it would behoove the county to -- and the staff to work with the tax collector and bring back a contract draft for this board to consider as well as the tax collector for the implementation of his one dollar per residential account bid that he's provided here. And although I don't know that it's been specified that we would suggest that it's for multi years, conceivably up to five years, which would run the potential of the full extension of the mandatory solid waste collection agreements that we have with our two franchisees. MR. DORRILL: Specifically it was my understanding -- I'm sorry Mr. Carlton left. He's committed to a five-year no-increase proposal for his fee, and I understand they've confirmed that. I'm sorry that he's not here to put that on the record, but we do have that confirmed by the deputy tax collector, Mr. Haynes. CHAIRPERSON MATTHEWS: Okay. COMMISSIONER CONSTANTINE: I'll also as part of my motion give direction for our legal staff to look at the alternative for mailing out what Mr. Carlton had outlined. The initial indication is we may not be able to do that. That's certainly worth looking into. CHAIRPERSON MATTHEWS: Would the motion maker accept Mr. Weigel's comments as an amendment to his motion? COMMISSIONER CONSTANTINE: Yes. CHAIRPERSON MATTHEWS: Second? COMMISSIONER NORRIS: Second agrees. CHAIRPERSON MATTHEWS: Second accepts it too. Does the second accept Mr. Constantine's amendment to his own motion? COMMISSIONER NORRIS: Second accepts it. CHAIRPERSON MATTHEWS: Okay. Fine. With no further discussion, I'll call the question. All in favor please say aye. Motion passes five to zero. MR. DORRILL: Observation for what it's worth, this is one of those areas where if we all do work together on something and we perform our task -- and Mr. Carlton has given us an exceptionally good fee to perform a task that he doesn't have to do -- we can all work together and have a higher rate of collections and save $71,000 over what Mr. Carlton is currently charging the Board of County Commissioners. So it's sort of a win-win thing all the way around. COMMISSIONER MAC'KIE: Yup. COMMISSIONER HANCOCK: We love that. CHAIRPERSON MATTHEWS: Sure seems that way. Thank you. Item #9A AUTHORIZATION FOR THE CHAIRMAN TO EXECUTE CONTINUING RETANTION AGREEMENTS FOR SERVICES ON AN "AS NEEDED" BASIS WITH THE LAW FIRMS OF CARLTON FIELDS, NABORS GIBLIN, AND HOGG ALLEN TO MEET PURCHASING CONTRACT UPDATE REQUIREMENTS - APPROVED Next item on the agenda has a time certain for 1:30. We would then move to the county attorney's report. Recommendation that the board approve and authorize continuing retention agreements. MR. CUYLER: Madam Chairman, you will find as back-up to item 9-A that there are three separate short form contracts with three separate law firms that we deal with. These contracts are not for specific services, but they provide the basis for the as-needed requests for legal services in accordance with your purchasing policy. Again, they're short form. They have the attorneys that we usually work with. Their per diem, travel costs, and food costs are the same as county employees. And these have been brought to you in the past, and we need to get these renewed. Recommendation is to approve all three contracts. The fiscal impact for these contracts is zero, but the fiscal impact when we request services obviously will be in accordance with these prices. CHAIRPERSON MATTHEWS: Commissioner Norris? COHMISSIONER NORRIS: You are satisfied enough with the performance of all three of these firms to go ahead and continue them then as I understand it? MR. CUYLER: Yes, sir, I've been very satisfied. As a matter of fact, Carlton, Fields has assisted us both on the North Naples plant and also in the tourist tax, and I was extremely satisfied with -- with that one. COHMISSIONER NORRIS: I think most of us are fairly well satisfied with that -- that particular performance. I'll make a motion to approve. COHMISSIONER HANCOCK: Second. CHAIRPERSON MATTHEWS: We have a motion and a second to approve the recommendation on these contracts. No further discussion? All those in favor please say aye. Opposed? There being none, motion passes five to zero. Item #10A RESOLUTION 95-286 APPOINTING JERRY THIRION AND ROBERT STAKICH TO THE TOURIST DEVELOPMENT COUNCIL - ADOPTED Next item on the agenda is under Board of County Commissioners. We have an appointment of members to the TDC. COHMISSIONER NORRIS: Miss Chairman, I'd like to nominate former citizen of the year from Marco Island, Robert Stakich, to the TDC. COHMISSIONER CONSTANTINE: I have one question on that. His letter says non-owner/operator, and I know he's no longer owner. However, every time I call Bob, I still get him at Marco Bay Resort. And I wonder if he might not be more appropriate under the owner/operator category. COHMISSIONER NORRIS: Well, he's -- as I understand it -- and you're certainly welcome to talk to him about it. But as I understand it, he is -- just maintains an office there to have a base where he can accept phone calls out of his home. COHMISSIONER CONSTANTINE: Why I ask that is twofold: One, that may be so. And if so, maybe he's appropriate to be non-owner. But if he's in some way attached there, that would be owner/operator. Secondly, I'd like to see Don York reappointed. I served with him on the TDC. I think he gives a good perspective. One of my concerns with the TDC is that the hotel view, shall we say, is very heavily weighted. And even if Bob is no longer in the business, that is his background. Don kind of gives a little balance to that I think. CHAIRPERSON MATTHEWS: Commissioner Hancock? COHMISSIONER HANCOCK: Unfortunately I know both of those people, and I don't -- it's a coin toss for me. I like Don and Bob both. My recommendation is from the owner/operator for Jerry Therion. I've had terrific experience with Jerry. He has become very involved in the community, in -- in the YHCA and Red Cross and certain events and so forth. And I just -- as well rounded as he is, I'd like to see from the owner/operator category Mr. Therion appointed. COHMISSIONER NORRIS: The other consideration for nominating Mr. Stakich is, of course, that I think the current statistics show that Marco Island produces about 37, 38 percent of the tourist tax, and it -- it certainly would be appropriate to have someone from Marco Island be a representative there. CHAIRPERSON MATTHEWS: There's no one from Marco Island on the TDC now? COHMISSIONER NORRIS: I don't know whether there is. COHMISSIONER CONSTANTINE: Bud Davis. CHAIRPERSON MATTHEWS: Bud Davis is on there. COHMISSIONER NORRIS: Bud Davis is on there, yes. CHAIRPERSON MATTHEWS: Okay. Are there other comments? Why don't we break this into two since we have two proposals for the non-operator. We have a proposal for Jerry Therion for the owner/operator category. COHMISSIONER HANCOCK: I'll make that in the form of a motion. CHAIRPERSON MATTHEWS: We have a motion. COHMISSIONER CONSTANTINE: Discussion. I'll tell you why I asked earlier, John, about the owner/operator is -- Bob's a friend of mine too, and I would prefer to see Don stay on there. I wondered if Bob qualified under owner/operator for the reason that both of those names would then be appropriate. CHAIRPERSON MATTHEWS: It doesn't sound like he does. COHMISSIONER HANCOCK: Unfortunately by his admission. CHAIRPERSON MATTHEWS: By his own admission. He may have an office there, but his business is other than the hotel. COHMISSIONER CONSTANTINE: Okay. CHAIRPERSON MATTHEWS: We have a motion. Is there a second for Jerry Therion for the owner/operator category? COHMISSIONER MAC'KIE: Just one more question -- CHAIRPERSON MATTHEWS: Commissioner Hac'Kie. COHMISSIONER MAC'KIE: -- for the county attorney. Is -- is -- former operator is not sufficient, doesn't meet the requirements? MR. CUYLER: Statute says owners or operators. It doesn't elaborate any further than that. COHMISSIONER CONSTANTINE: If he's an operator that -- COHMISSIONER MAC'KIE: Retired. COHMISSIONER CONSTANTINE: Like, you know, you can be a pilot and not be active. COHMISSIONER MAC'KIE: Good one. Are you sure you didn't go to law school? MR. CUYLER: If you want to continue it a week, I will check into seeing whether I can see any room in there to discuss it. My guess is not, but I'll be happy to check it. COHMISSIONER HANCOCK: Certainly no offense to Mr. Stakich. I'm just very impressed with Mr. Therion's activities in the community, not to mention the -- for non-Marco properties, The Registry is a very I would say important property just based on size and location. So I think not only do we get a community voice but a dual representation from one of the more prominent hotels which is what the owner/operator category is -- is geared for. So again, if this comes back next week, I would probably nominate Jerry -- COHMISSIONER CONSTANTINE: Again. COHMISSIONER HANCOCK: -- again next week. I'm just very impressed with him, and I would like to see his services utilized on this particular committee. CHAIRPERSON MATTHEWS: I'm going to second the motion to get it on the floor and get this off of first base or center base or whatever it is we're at. If there's no further discussion I'll call the question. All in favor of Jerry Therion being appointed as owner/operator category please say aye. Motion passes five to zero. COHMISSIONER CONSTANTINE: I'm going to make a motion we appoint Don York in the non-owner/operator category, reappoint him. COMMISSIONER MAC'KIE: Second. COMMISSIONER NORRIS: I -- before we call the vote on that, let me point out one more time that there's nine members on the TDC. Marco Island supplies 37, 38 percent of the money into that pool. And if -- if Don York is -- is approved here over Bob Stakich, we will have one person from Marco Island representing the 37, 38 percent of the money. I don't think that's necessarily appropriate. COMMISSIONER CONSTANTINE: Well, as a -- I'm sorry. COMMISSIONER NORRIS: Don York is a fine fella. I know him as well as anybody else on the -- on the board, and he's done a good job. But at the same time, you know, fair is fair. We need to have representation from Marco Island. COHMISSIONER CONSTANTINE: I agree with you. But as a past president of the Marco Island Chamber of Commerce, I think Don is probably in tune with Marco Island as much as anybody. COHMISSIONER HAC'KIE: That was my thought, too, is I do think of Don as a -- I mean, Island Bank, Marco Chamber. If that's a misimpression -- COHMISSIONER NORRIS: Wyndemere resident. COHMISSIONER HANCOCK: Which is remaining in district 2. CHAIRPERSON MATTHEWS: We have a motion and a second on the floor to appoint Don York -- to reappoint him. I'm not going to support the motion and not because I don't think that Don York is doing a fine job. I think he is. But we -- we have other residents of Collier County who want to participate in the process for the TDC, and -- and I -- I think we should offer as much expertise and as much variable expertise as possible. And we have four other people, so I'm not going to support the motion. Further discussion? COHMISSIONER CONSTANTINE: Yeah. Before Commissioner Hancock -- CHAIRPERSON MATTHEWS: Commissioner Constantine. COHMISSIONER CONSTANTINE: -- makes up his mind -- COHMISSIONER HANCOCK: Which is not made up at this point I want to point out. COHMISSIONER CONSTANTINE: -- the -- I'd like to follow up on your point there. We want as much variation and as much diversity on here as possible. And that was my point earlier is that I like Bob a lot, and I'm not trying to be derogatory. However, his background is in the hotel industry as is a number of other people currently on the board. And the purpose of having a non-owner/operator category is to increase that diversity. And so in an effort to do exactly what it is you're saying, I'd like to see Don York stay on there. CHAIRPERSON MATTHEWS: Okay. If there's no further discussion, I'll call the question. All in favor please say aye. All opposed? Motion fails three to two. Is there a substitute motion? COHMISSIONER NORRIS: Yes, Miss Chairman. I'd like to make a motion that we nominate Robert Stakich. COHMISSIONER HANCOCK: I'm going to second the motion. And this -- this has just been tough for me because I -- I really like Don a lot. COHMISSIONER NORRIS: I think we all do. COHMISSIONER HANCOCK: And I like Bob. But the -- the comment from Commissioner Norris about the representation from Marco I think is an equitable position, that the -- the revenues generated down there are -- are significant enough that more than one of the nine I think should be a resident of Marco Island, and that is the only reason that I can -- I will differentiate between Mr. York and Mr. Stakich. So I'll second the motion. CHAIRPERSON MATTHEWS: We have a motion and a second. And I'm reviewing once again Mr. Stakich's involvement in the local boards and memberships and so forth. And he's a very, very well rounded person, and I'm -- I think I like what I see. COMMISSIONER HANCOCK: Can we nominate both? Can we increase the size? CHAIRPERSON MATTHEWS: No, we can't. We can't do that. It's either/or. If there's no further discussion, I'll call the question. All in favor of appointing Robert Stakich to the TDC please say aye. All opposed? There being none, motion passes five to zero. Thank you. Item #10B RESOLUTION 95-287, APPOINTING TESSIE KASENGA TO THE PUBLIC VEHICLE ADVISORY BOARD - ADOPTED Next item on the agenda is item 10-B, appointment of member to the public vehicle advisory board. COMMISSIONER CONSTANTINE: There's -- only one of the two are an elector, so only one is eligible. MS. FILSON: Yes, and I telephoned him. COMMISSIONER CONSTANTINE: Motion to approve the one who is eligible. COMHISSIONER MAC'KIE: Second. COMHISSIONER HANCOCK: Second. COMHISSIONER NORRIS: Second. CHAIRPERSON MATTHEWS: We have a motion and a second to approve -- is that Tessie Kasenga? COMMISSIONER CONSTANTINE: Yes. MS. FILSON: Yes. CHAIRPERSON MATTHEWS: -- for the Public Vehicle Advisory Committee. If there's no discussion, all those in favor please say aye. Opposed? There being none, motion passes five to zero. Item #10C RESOLUTION 95-288, APPOINTING ROBERT P. MEISTER, JR. TO THE CONTRACTORS LICENSING BOARD - ADOPTED COHHISSIONER CONSTANTINE: Madam Chairman, on the next item there's one opening and one person who's applied. I'll make a motion we appoint that person, Robert P. Heister Junior. COMMISSIONER MAC'KIE: COMMISSIONER HANCOCK: CHAIRPERSON MATTHEWS: COMHISSIONER NORRIS: CHAIRPERSON MATTHEWS: COMHISSIONER NORRIS: Second. Second. We have a motion and a second. Excuse me. Discussion, please. Is there discussion? According to the back-up appli -- information here that Mr. Meister's not a licensed engineer and, therefore, not qualified to fill the vacancy. COHMISSIONER HANCOCK: I believe the language on that indicates that there is a preference of a certain makeup. However, that makeup is not solid in the sense that if we have no one applying from a certain profession that the contractor licensing board cannot operate. Is that a correct assumption, Mr. Cuyler? MR. CUYLER: That's correct. You'll see further down in the paragraph right above fiscal impact, Miss Filson's correct in her statement that the section's merely directory and failure to have a member of these trades, et cetera, is not grounds for voiding the action. COHMISSIONER NORRIS: Okay. My -- my only concern was that perhaps if we're not under some sort of severe time constraint that it might be more appropriate to readvertise. CHAIRPERSON MATTHEWS: Miss Filson, you have more vacancies on this board? MS. FILSON: No, I'm sorry. I don't have more vacancies, but I have advertised twice for this vacancy. COHMISSIONER NORRIS: Okay. MS. FILSON: And the city has also advertised. COHMISSIONER NORRIS: All right. Okay. CHAIRPERSON MATTHEWS: Mr. Cuyler, then based on what you have said then the -- the paragraph requiring members from specific vocations is only a directory -- a directive or a directory for information only? MR. CUYLER: Correct. You're not precluded from appointing this individual. CHAIRPERSON MATTHEWS: Okay. Fine. There's a motion and there's a second to appoint Robert Heister Junior to the contractor's licensing board. If there's no further discussion, all those in favor please say aye. Opposed? There being none, motion passes five to zero. Item #10D RESOLUTION 95-289, APPOINTING CELIA DEIFIK AND RICHARD MC CORHICK TO THE COLLIER COUNTY CODE ENFORCEMENT BOARD - ADOPTED Next item on the agenda is an appointment of members to the Collier County Code Enforcement Board. COHMISSIONER CONSTANTINE: I have a couple of questions on this. Do we have in writing or have you spoken, Miss Filson, with Lionel L'Esperance because second-hand information that he's withdrawn is not appropriate. MS. FILSON: Yes. I did telephone him, and I thought I had placed his letter in here in the back-up. COHMISSIONER CONSTANTINE: I didn't see it. I saw it said that someone in our staff had spoken to him. It did not indicate that was you. So I assumed it was second-hand. MS. FILSON: Yes, I did telephone him. COHMISSIONER CONSTANTINE: You talked with him personally. MS. FILSON: Yes, ma'am -- sir. COHMISSIONER CONSTANTINE: My other question is Monte Lazarus I served with on the Code Enforcement Board. He has served two full terms, and we have been fairly consistent. Monte has done a fantastic job. He's one of the best people we've ever had on there. However, I'm thinking back a couple of years ago. We did the same thing with parks and rec. Our law suggests that except when the board votes unanimously to make an exception that two terms -- CHAIRPERSON MATTHEWS: Is the limit. COHMISSIONER CONSTANTINE: -- consecutively is enough. And despite the fact Monte has done a fantastic job, I think we need to stay consistent with that because that is what we have done with the other boards. With that in mind, I want to recommend one of these people, and that is Celia Ellen Deifik. CHAIRPERSON MATTHEWS: Commissioner Hancock? COHMISSIONER HANCOCK: I additionally would like to recommend Richard Healey McCormick. You may remember he has presented himself to us previously, and I think he's -- not only does he have the technical background but has kind of the passion to -- to do a good job. So I would like to round out the recommendation with Mr. McCormick. COHMISSIONER CONSTANTINE: I'll make a motion. COHMISSIONER NORRIS: I'll second those two appointments. CHAIRPERSON MATTHEWS: We have a motion and a second to appointment Richard Healey McCormick and Celia Ellen Deifik to the Code Enforcement Board. Is there further discussion? All those in favor please say aye. Opposed? Motion passes five to zero. Item #10E RECOHMENDATION THAT THE BOARD OF COUNTY COHMISSIONERS REVIEW THE THREE PROPOSALS TO PERFORM THE AUDIT FOR COLLIER COUNTY DURING FISCAL YEARS ENDING SEPTEMBER 30, 1995, 1996 AND 1997 - CONTINUED TO 5/2/95 Next item on the agenda is a recommendation that the Board of County Commissioners review three proposals. COHMISSIONER HANCOCK: Excuse me. I'm -- I'm sorry, Madam Chairman. But I believe we had as item F under 10 the Poinciana Village school zone discussion. CHAIRPERSON MATTHEWS: COMMISSIONER HANCOCK: CHAIRPERSON MATTHEWS: COMHISSIONER HANCOCK: nevermind. CHAIRPERSON MATTHEWS: We're at 10-E. 10-E? Yeah. Oh, I'm sorry. In that case We're going to listen to proposals of recommendations from the audit committee. Who is here to give that to us? Miss Hankins, are you going to introduce it, or did you want me to? MS. HANKINS: You can. CHAIRPERSON MATTHEWS: No, you can. It -- it may very well be a 30-minute item. I think we're going to get three short proposals. MS. HANKINS: Today we -- I'm Kathy Hankins, director of finance. We -- we've given to the board the proposals from the audit selection committee short listed to the three firms that are noted: Arthur Anderson; Coopers and Lybrand; Peat, Marwick. Today we're -- we're looking for your selection. One option may be to have the three firms do oral presentations, short ones for you, and to ask any questions of those firms. I'm not sure that the three firms are represented today. I see Coopers, Peat. I do not see Arthur Anderson. CHAIRPERSON MATTHEWS: What's the board's pleasure? Do you want to have a presentation from the two firms who are present? Or do we want to schedule this for another day and invite Arthur Anderson? COHMISSIONER CONSTANTINE: Have we made -- have we had any notification of the three that there would indeed be a presentation time? I take it it's probably not appropriate -- CHAIRPERSON MATTHEWS: No. COHMISSIONER CONSTANTINE: -- to have two of them do it and one of them not be aware that that's going on. CHAIRPERSON MATTHEWS: I don't believe we sent notification to the -- to the three on the short list, did we, Miss Hankins? MS. HANKINS: We simply advised them that it would be on the agenda. CHAIRPERSON MATTHEWS: You have to -- MS. HANKINS: We contacted them by phone to let them know that it would be on the agenda today for discussion. CHAIRPERSON MATTHEWS: Fine. Thank you. So our choice is if we want to hear a presentation from the three firms on the short list, we probably will have to continue this item because one of the firms is not here. The other choice is that we go through the packages ourselves which I don't think anybody's really prepared to do either. We don't have the packages. COHMISSIONER CONSTANTINE: I'll make a motion we continue the item and have a maximum of a ten-minute presentation from each of the three final lists. COHMISSIONER HANCOCK: Sounds good to me. I'll second. CHAIRPERSON MATTHEWS: Commissioner Norris? COHMISSIONER NORRIS: Well, that's fine. I wonder if maybe we shouldn't hear the presentations from the two that -- that did bother to take the time to come down here and give their presentations. And if the third party is not interested enough to come make a presentation, perhaps we should eliminate them from consideration anyway. COHMISSIONER CONSTANTINE: Well, that's why I asked Ms. Hankins the question. Was there some notification that they would have an opportunity to do a presentation today? And she said no, there was not. So that's why it's not appropriate to penalize them if they didn't realize they were going to have that opportunity. I agree. If they were -- if they were told they were going to have that opportunity and they weren't here, I would agree with you wholeheartedly. But it appears that is not what happened. CHAIRPERSON MATTHEWS: It does -- it does appear that we -- we did not notify them that time would be granted today to make a presentation. So I guess -- I guess the question is are we in agreement to listen to presentations maximum of ten minutes at some future date? We have a motion to that effect. Is there a second? COHMISSIONER HANCOCK: There's a second. CHAIRPERSON MATTHEWS: We have a second to -- to that effect. Do we want to set a time? COHMISSIONER CONSTANTINE: Ms. Hankins, do you have any idea how long it would take to notify them and -- two weeks adequate time? MS. HANKINS: In my opinion, they would be ready for you next week if you'd like to continue it. CHAIRPERSON MATTHEWS: What does our agenda look like next week? MS. HANKINS: Oh, I'm sorry. Forget that. FGF away conference is next week. No one will be here who deals with money. Two weeks would be good. CHAIRPERSON MATTHEWS: Have you had the opportunity, Mr. Dotrill, to look at the agenda for two weeks out? MR. DORRILL: Other than that it -- it would be another advertised public hearing day. But if you attempt to do those in advance of the public hearings, it shouldn't be a problem. CHAIRPERSON MATTHEWS: Why don't we do that. The motion maker, I'm going to ask to include two weeks. COHMISSIONER CONSTANTINE: Yes. COHMISSIONER HANCOCK: Amend second. CHAIRPERSON MATTHEWS: Second? Okay. We have a motion and a second to listen to ten-minute presentations from the three on the short list two weeks from today. If there's no further discussion, all those in favor please say aye. Opposed? There being none, motion passes five to zero. COHMISSIONER CONSTANTINE: Commissioner Norris, if Arthur Anderson isn't here in two weeks, I'll buy you lunch. COHMISSIONER NORRIS: Arthur Anderson personally? You got a deal on that one. We'll check his ID. CHAIRPERSON MATTHEWS: Okay. You may be buying lunch if you're looking for him personally. Item #10F TRAFFIC PROBLEMS WITH POINCIANA AREA THROUGH THE SCHOOL ZONE - 20 MILE PER HOUR SCHOOL ZONE AND GUARDRAIL APPROVED; STAFF DIRECTED TO REPORT BACK Next item on the agenda is item 10-F. This is a discussion of the guardrails, caution light, and speed limit on Airport Road at Poinciana. COHMISSIONER HANCOCK: I'm -- I'm going to try and -- George, I'm just going to try and streamline this to the question, and then we can answer the question to see where we are. The deceleration lane is being installed or is -- is pretty much done for the most part at the entrance to Royal Poinciana -- or Poinciana Elementary School. Currently what we have there is a guardrail that separates the sidewalk from the roadway, and we have a yellow caution light signalling a school zone and a reduction in speed at certain times. I'll just kind of tell you what I want and what makes sense. And then you tell me if it -- if it can't be done. One, I want a guardrail between the traffic and the kids. I don't care if it is a deceleration lane. Any time you have a jog in a sidewalk that's immediately adjacent to a roadway, I have a safety concern. Secondly, I would like the light to continue being there to notify people of the school zone. Whether it's 25 or 35 miles an hour, I don't know if that's as important as a significant reduction in speed and notification to the driver that this is a school zone, slow down. Those are the two things I personally am looking for in this. And if those two things can't be done, let me know, let me know why, and we'll go from there. MR. ARCHIBALD: Those two things can be done in addition to making it a consistent 45 mile per hour when the construction's completed. So there's three issues there. I think there's some consensus that the 45 consistently from Pine Ridge south to Golden Gate Parkway is a must. I think the guardrail to be reinstailed in those turn lanes is underway, so those two issues I think are behind us. The third issue is maintaining the existing school zone in there. And from my discussions with parents, I don't necessarily agree with all of the concerns. But, in fact, one concern that -- that I'm in favor of maintaining the school zone for is the age of the school children that are using that. I recently found out that we're not dealing with teenagers. We're dealing with five- and six-year-olds. CHAIRPERSON MATTHEWS: These are kindergartners. MR. ARCHIBALD: And have no business being out there unsupervised to begin with. So the issue -- the only issue that I think is left is the issue of the school zone and whether it should be 20 or 30. The parents of the children, the school officials would like it to remain at 20. Your staff would like it removed, but I think there's good grounds to maintain the school zone. We're talking about a half an hour before school and a half an hour after school. So the issue really is whether or not 20 is appropriate. Unfortunately, we have 20 throughout the county. Twenty is appropriate where there's crossings. But again, the recommendation that we have is obviously not to have the school zone because there's no crossing. But, in fact, there are other concerns. Those are concerns warrant a school zone, and the board can maintain the 20 mile per hour that's currently there or make a change. CHAIRPERSON MATTHEWS: Commissioner MAc'Kie. COMMISSIONER MAC'KIE: Just absolute strong unequivocal support for a 20-mile zone there and just a little bit of -- of concern. MAybe the word wasn't chosen carefully. But you didn't mean to say unfortunately it's a 20-mile school zone there? MR. ARCHIBALD: Well, keep in mind -- and this is some information that hasn't been provided to the board -- is that throughout the county, this is the only location where, in fact, you have guardrails. This is the only location where you have a school zone without a crossing. COMMISSIONER MAC'KIE: See, that -- MR. ARCHIBALD: So throughout the county, on Goodlette-Frank Road, on Pine Ridge Road, on U.S. 41, all these locations you have a 45-mile-per-hour or higher speed limit. You have children of that age group walking along the roadway, and only where you have crossings do you actually have a school zone. COMMISSIONER MAC'KIE: But that -- that -- that makes my point. I am troubled to hear that and want to be sure that Poinciana doesn't lose what they have but would ask you to -- to make some recommendations to us about other areas particularly where we're talking about elementary school kids, you know. I'm shocked, frankly, to know that this is an unusual situation. I think it has to be preserved, and we ought to look into replicating it in similar elementary school pedestrian areas. MR. ARCHIBALD: Again, I think it's worth taking a look at and providing a report to the board. One of the concerns we have that I just expressed is the age of the children. COMMISSIONER MAC'KIE: Absolutely. MR. ARCHIBALD: Extremely young children unsupervised. And our solution for that problem is to get them off Airport Road completely, and we're looking into doing just that through another pathway alignment off the roadway, and I'm hopeful that we have some luck with that. But Airport Road is an exception to the rule, I believe, because of the mix of traffic, because of the speed of traffic. But if, in fact, we're able to relocate those children to another pathway in the future, I'd like to be able to come back to the board and say maybe we don't need that speed zone out there if we can meet those conditions. COMMISSIONER MAC'KIE: I -- I -- I think that's a good idea. I just want to be sure that -- the alternate pathway is a good idea. But I can't off the top of my head think of other elementary schools where children might be walking along such major roadways. But will you look into that for us and give us a report? MR. ARCHIBALD: I can give you a list. They're not only in the county, but they're in the city. MR. DORRILL: I'll tell you one that immediately comes to mind is the elementary school in your district, Ms. MAtthews, on Golden Gate Boulevard. Is that the Big Cypress Elementary School? CHAIRPERSON MATTHEWS: Uh-huh, yes, it is. MR. DORRILL: If you've ever been Golden Gate Boulevard in the morning at 8:30 -- COHMISSIONER HAC'KIE: Jeez, Louise, the kids are walking along that? CHAIRPERSON MATTHEWS: Yeah, they do. And I'd appreciate it for the court reporter if we try not to talk over one another. It's difficult for her. Commissioner Constantine. COHMISSIONER CONSTANTINE: Commissioner Hancock, this is your district. You know both the transportation and the safety needs there better than any of us probably. What is your recommendation? COHMISSIONER HANCOCK: School zone, 20 mile an hour, guardrail, period. COHMISSIONER CONSTANTINE: If you want to make that into the motion, I'll be happy to second. COHMISSIONER HANCOCK: Hove that we have a school zone at 20 miles an hour and a guardrail at the deceleration lane and where it currently exists not to be removed at any time. COHMISSIONER CONSTANTINE: I'll second that. COHMISSIONER MAC'KIE: And keep the light? Is that included? COHMISSIONER HANCOCK: Yes, the school zone -- the light is a part of the school zone for notification purposes. And I understand you're doing your job as far as transportation, Mr. Archibald. But there comes a time when we all figure ten seconds of inconvenience is well worth the life of a child. CHAIRPERSON MATTHEWS: We have a motion, and we have a second. I'd like to ask the motion maker to consider that the guardrail be consistent with the already existing guardrail and that it be double sided for the protection of the children riding their bikes. COHMISSIONER HANCOCK: Yeah, I will amend. And to answer your question, so that there's not a -- a -- an open backing that handlebars can get caught in or, you know, so if the kids bump up against it, they don't wipe out immediately. They have a few seconds of recovery time. But I will -- I will amend the motion accordingly. COHMISSIONER CONSTANTINE: Did you have a public speaker? CHAIRPERSON MATTHEWS: We probably do. Will the second accept the amendment? COHMISSIONER CONSTANTINE: Oh, absolutely. CHAIRPERSON MATTHEWS: Okay. Are there public speakers? HR. DORRILL: separate matter. HR. KERRIGAN: MR. DORRILL: MR. KERRIGAN: No, but Mr. Kerrigan was here on a I had two there. Okay. I'm sorry. Bill Kerrigan, Poinciana Civic Association. I want to thank the board for hearing this so promptly. I'd like to -- now you made me lose my train of thought. Oh. Is there going to be a time frame set for when the guardrail will be put back up on the deceleration lane? And one section of the guardrail -- I forget what the name of the development is. It's between Coach House Lane and the school road, the -- A VOICE: Pinewoods. MR. KERRIGAN: No, we're going south. The -- the other side of the double rail is off, the round part that goes in there. I know we talked last night that that could be something. So, you know, we'd just like to -- I'd like to point out we had a good meeting with Mr. Archibald. He came to Poinciana Village last night. So there are just the two things if we could get maybe the ball rolling and put that thing back up pretty quick. CHAIRPERSON MATTHEWS: So -- so we want the guardrail to be consistently double sided throughout the length of -- of the guardrail's existence. Mr. Archibald, do you have a suggestion on the time frame that you can accomplish this? MR. ARCHIBALD: We've asked the contractor to provide an estimate for that. We haven't received that yet. But I would expect within the next number of weeks. CHAIRPERSON MATTHEWS: Within the next number of weeks. Six? Four? MR. ARCHIBALD: I'd like to -- COHMISSIONER MAC'KIE: Two? MR. ARCHIBALD: -- think within three to four weeks. CHAIRPERSON MATTHEWS: Three to four weeks. MR. ARCHIBALD: It really depends -- there's certain material on the site that can be put right back in place. But there's other material that has to be ordered, and there's special pieces that have to fit where the curves in the guardrail exist, and those are the delivery time problems. CHAIRPERSON MATTHEWS: I understand that, and I appreciate that you understand that schools are in right now and that -- that the children are walking and biking along that sidewalk now. Commissioner Hancock. COHMISSIONER HANCOCK: Just in the interim if you see a delay, can we get cones, barricades, something up to -- I'm sure you would do that. I'm just asking specifically that we have something up that acts as a visual barrier so that the cars and the kids both -- both realize it. CHAIRPERSON MATTHEWS: We have a motion and a second. COHMISSIONER CONSTANTINE: You had one more speaker. CHAIRPERSON MATTHEWS: I'm sorry. Do we have another speaker? MS. DYCHES: Yes. CHAIRPERSON MATTHEWS: Not registered, though. COHMISSIONER MAC'KIE: Fill in -- fill in one real quick and come speak. COHMISSIONER HANCOCK: Come on up to the microphone if you would. CHAIRPERSON MATTHEWS: Quickly. MS. DYCHES: Hi. My name is June Dyches. Good morning to commissioners. Thank you for letting me speak. I am the guidance counselor at Poinciana Elementary School. And I'm here to represent the school staff and the Poinciana Village parents who met the other night on April 4 at a PTO meeting, and they had many concerns about the traffic signal, the speed zone, the speed lights -- speed limit zones and the guardrails. And just to let you know, they wanted to maintain the school flashing light which you obviously are in favor of and the speed limit at the 20 miles per hour. They also wanted to maintain the 35-mile speed limit for Poinciana -- from Poinciana Village to Poinciana school. And they would like to maintain the guardrails where they are currently placed and extend them to -- the guardrails to the Pinewoods development which is just past Poinciana Village. And for your information, I brought summaries of what they were -- what they talked about and their concerns. And I'd like to give them to the board. Thank you very much. CHAIRPERSON MATTHEWS: I -- I don't think the motion on the floor includes extending the double-sided guardrails up to Pinewoods. COMMISSIONER HANCOCK: It doesn't. Let me ask Mr. Archibald, one -- right down by Poinciana elementary the sidewalk is adjacent to the street, immediately adjacent. As we go northward from there towards Pinewoods, is there a separation between the sidewalk and the street? MR. ARCHIBALD: No, there's not. COMHISSIONER HANCOCK: No. It is continually adjacent? MR. ARCHIBALD: Yes, it is. COMMISSIONER HANCOCK: This is one of those situations where you -- you want to guard and protect as best you can, you know, regardless of price. But I find that tough to do realistically. We have not had that guardrail extended in that area. Do we have any history of accidents involving kids? I'm just curious how many kids are actually -- how many parents of a six-year-old are letting them walk or ride from Pinewoods? CHAIRPERSON MATTHEWS: Why don't we ask Mr. Archibald to get us a report on exactly that in the next two weeks, and then -- and we'll talk about a guardrail up to Pinewoods or we'll talk about putting some sort of pathway away from Airport Road and -- and get a report from Mr. Archibald on that. COMMISSIONER HANCOCK: Mr. Dotrill wanted to mention something. MR. DORRILL: I live in Pinewoods and have for seven years and -- and drove one of several carpools every morning with a kid -- you know, kids in the back of the car and what not. There may be some children that ride their bike from Pinewoods or I think Naples Bath and Tennis is also in your district. At least it was when my child attended that elementary school. I think the original intent behind the guardrail was to -- to begin to collect all of the kids as they neared the funnel and especially the vast preponderance of children coming out of Poinciana Village and Bailey Lane and to give them a little protection when they may be two across going down into the entrance road and that I think that if you start considering keeping a 35-mile-an-hour speed limit on the six-lane divided highway or running galvanized steel guardrail clean back to Pinewoods and/or Naples Bath and Tennis which is going to be over a mile, the costs of that are going to be probably a little more prohibitive. And if you want estimates on that, we can get them for you. But I -- I think that that's -- that goes beyond what the motion was. COMHISSIONER MAC'KIE: MAy I -- can I just say before -- before we go that far, maybe we ought to spend some of that money on this other elementary school situation that's completely unprotected. As -- as important as this one is, there may -- you know, we should not look at it so myopically I would think. COMHISSIONER HANCOCK: Agreed. I think when Mr. Archibald comes back, we can talk about the things that were contained in this letter that are not a part of this motion and make a determination then. But for this particular moment let's go ahead and move ahead with the motion if possible. CHAIRPERSON MATTHEWS: We have a motion and a second, and I think Mr. Archibald has his direction. I think we need a report back also in a couple of weeks on this. If there's no further discussion, I'll call the question. All in favor please say aye. Opposed? There being none, motion passes five to zero. Thank you. Item #10G REQUEST FOR LEAVE OF ABSENCE FOR COLLIER COUNTY PLANNING COMHISSIONER MEMBER - APPROVED Last item on the morning agenda is item 10-G. It's a leave of absence for a member of the CCPC. Mr. Constantine. COHMISSIONER CONSTANTINE: Yeah. It's come to my attention Lee Layne who has served quite well on our CCPC is going to be doing a little contract work for a period of six weeks, maybe -- are you familiar with this? MR. DORRILL: I am. COHMISSIONER CONSTANTINE: I think it's six weeks. MR. DORRILL: It's a temporary part-time assignment, and I was made aware of it last week. COHMISSIONER CONSTANTINE: At the end of that time she will conclude that and will no longer be working with the county. Our legal requirements are that if someone is working as a county employee -- and I don't know if that even falls legally here -- then they are not to serve on those. I wondered if we could do two things: Try to get an interpretation by next week from you as to whether this situation applies or not; if she is indeed considered an employee or ineligible if we could simply grant a leave of absence since it's only going to be for a six-week time period. COHMISSIONER HAC'KIE: What's she going to be doing for us for six weeks? MR. CUYLER: She's doing some independent contract work for growth planning -- or I guess it's not independent contracting. CHAIRPERSON MATTHEWS: Another question I have is how -- how long is her term of office? MS. CACCHIONE: Lee is a temporary -- my name is Barbara Cacchione with the long range planning staff. We have asked Lee to work on a temporary basis for a period of approximately two months to conduct some research for us in the evaluation and appraisal report for the comprehensive plan evaluation. It's expected that she may miss two to three meetings. She has a year from this September in this term and if the board so chooses can be elected to another term under the provisions of the ordinance. COHMISSIONER CONSTANTINE: My thought is very simple. I mean, she's done a great job on there. I hate to lose her just because we're utilizing her talents for six weeks, eight weeks somewhere else. MR. CUYLER: The employee handbook does say that employees shall not serve on advisory boards. But I would interpret that to mean -- service mean actually serving on. So if you were to grant her a leave of absence, I've already indicated to some staff members that that would be the way to do it if -- COHMISSIONER CONSTANTINE: If you don't need to do any research, if you're -- if you're already aware of that, I'll make that motion now, that we leave -- grant here a -- COHMISSIONER HAC'KIE: Second. COHMISSIONER CONSTANTINE: -- leave of absence for the time period ending when she completes her duties on -- for your staff. COHMISSIONER HAC'KIE: We don't want to lose her. CHAIRPERSON MATTHEWS: Do we want a not to exceed two months? COHMISSIONER CONSTANTINE: Are you comfortable she'll be completed? MS. CACCHIONE: It could extend a little bit longer than that. COHMISSIONER CONSTANTINE: Not to exceed three months. COHMISSIONER MAC'KIE: Three months. MS. CACCHIONE: Okay. That'd be great. CHAIRPERSON MATTHEWS: Does the motion maker accept the amendment? COHMISSIONER CONSTANTINE: I will. CHAIRPERSON MATTHEWS: Second? COMMISSIONER MAC'KIE: Yes. CHAIRPERSON MATTHEWS: Okay. We have a motion and a second to extend a leave of absence to Lee Layne on the CCPC for a period of time not to exceed three months. All those in favor please say aye. Opposed? There being none, motion passes five to zero. Is there public comment, Mr. Dorrill? COHMISSIONER NORRIS: There's no public. MR. DORRILL: We've got one individual, Mr. -- Mr. Mitchell, who's perennially here concerning the Golden Gate Golf Course. He told me that he might speak under comment or he might speak concerning their land use issue later this afternoon. We'll just wait and see if he's back. CHAIRPERSON MATTHEWS: Okay. Fine. We'll take a break until -- what is it? 12:307 I can't see. COHMISSIONER HANCOCK: It's 12:30. CHAIRPERSON MATTHEWS: We'll take a break till 1:30, and we will hear the court issue at that time. (A lunch break was held.) Item #8H6 POLICY DECISIONS RE THE ADHINISTRATION AND FUNDING OF THE COURT SYSTEH IN COLLIER COUNTY - TO BE BROUGHT BACK WITH A MORE DETAILED PLAN WITHIN 6 WEEKS CHAIRPERSON MATTHEWS: Reconvene the Board of County Commission meeting for April 18, 1995. We have a 1:30 time certain for item 8H(6) which is make policy decisions regarding administration and funding of the court system. MR. DORRILL: Madam Chairman, this executive summary is as a result of an effort undertaken by my office in conjunction with the resignation of the former courts administrator, Paul Brigham, over the -- I think there are two issues here, the organizational and program management of the courts and all of those programs and departments within the courts and also the annual funding and appropriation from Collier County in support of the courts and I can tell you -- and by way of introduction, introduce the chief judge of the circuit who's Thomas Reese and is here today, and we should acknowledge and thank him for his willingness to be here and also Judge Baker who I believe is the recently appointed chief judge of the county. In an effort to try and resolve some concerns on the part of the circuit, other counties are providing a lump sum or a disbursement of cash in support of court programs directly to the state courts administrator office in Fort Myers, and we're part of the 20th judicial circuit. For whatever reason, historically this county has not done that. The employees that are within the court's area -- and that runs the gamut from all of those county-provided programs, be they probation, mediation, witness management -- there are others -- court security, those employees historically have been on the payroll of the Board of County Commissioners and within the organizational structure of the county manager's agency, as are your other departments. And the annual appropriations were reviewed and prioritized and approved by the Board of County Commissioners as you do your other county budgets. The state courts administrator has indicated that this puts them at a disadvantage sometimes as it pertains to trying to ultimately be responsible, and no one is questioning that ultimately the chief judge of the circuit is the one who is responsible for the programs and activities within that courthouse. I will be the first one to tell you, though, that the way that the case law and the funding requirements are, are not necessarily fair when county commissioners are being asked to raise funds, general revenues in support of court programs, but you do receive court-related revenues that come back to us in the way of fines and forfeitures. I will also tell you that when Mr. Brigham was here, Mr. Brigham was in a situation similar to that of Mr. Drury in not really knowing ultimately who he was responsible to. He is responsible to both the chief judge of the circuit and/or his court administrator who is a state employee and at the same time being responsible to the Board of County Commissioners through your county manager. So in a nutshell that's where we were. I had asked for an opportunity to meet with Judge Reese and express our concerns and he, in turn, give me an opportunity to express the concerns that they have. They were very helpful in providing budgetary information and what other counties are paying and what other counties are receiving from state court funds. And I will use the term "state court funds," and that's synonymous with "circuit court funds" because they have two different sources of revenue, local and then funds they receive from the state. They've been very helpful with that. The nature of what they are doing at the moment -- and then I'll ask Judge Reese to maybe express some of his interest -- they're in the process now of replacing the courts administrator with someone who will be selected and paid for by the circuit or with state court funds, and that individual will now be -- I think the title is a deputy courts administrator and responsible to Fort Myers for purposes of coordination. As part of that, though, the issue remains what to do with the other employees who are there and what to do with the annual appropriation and/or support of the courts that you are, in fact, responsible for. I'd be happy to answer any questions, and if I've missed anything, I'd ask Judge Reese to assist me perhaps in what the perspective of this issue is. CHAIRPERSON MATTHEWS: Questions? Do you want to hear from Judge Reese before we have questions? Judge Reese. JUDGE REESE: Madam Chairman, it's my pleasure to be here today. My name is Thomas Reese. I serve as the chief judge for the 20th circuit. That's a rotating position. I happen to be in Fort Myers but that's the -- that is -- You know, the chief judge could just as easily be in Collier County. Any circuit judge may serve as the -- as the chief judge. My purpose in being here today and taking your time -- and I thank you for being so generous and putting us on your -- on your agenda -- is to urge that we move forward toward what we consider to be an opportunity for good management on our part of the court programs and for the people working in those court programs. The -- Previously they -- they -- the operational control was -- was the interest of the -- of the deputy court administrator and of the administrative judge. The personnel, risk management, other factors were the responsibility and interest of the county manager, and what we would like to do is to consolidate and bring those employees together so that we can be as efficient as possible in the operation of the court next programs, have accountability to the counties and -- who are supplying the funds and do some things such as not only saving in the provision of the services but also in cross-training of employees and -- and the supervision of employees who are -- whose work directly affects the work of the courts. One important point I wanted to emphasize was that any appropriation of dollars from the Collier County Commission stays in Collier County. The clerk of the circuit court -- in Lee County Charlie Green, Barbara Scott in Charlotte County and Dwight Brock in Collier County -- is the physical officer for the courts. They keep the checkbook. They draw down a certain amount of money each month to pay payroll checks and other appropriated expense items. The money does not leave Collier County. It doesn't go into any state pot to be distributed or anything around the circuit. It is directly solely 100 percent toward services for the courts as needed in Collier County. And, of course, there is the full and complete audit function by the clerk's office of the -- of the expenditures and accountability to the county commission through audit and through the budgetary process. The -- I thought we were fortunate being able to get funds to -- to pay this position to relieve a burden. The counties are called on by the state to pay a tremendous number of article five costs and it's not fair, but that's the reality of operating our court system, that if the -- Basically, as you all are well aware -- I don't need to restate it at length, but basically the statutes say if the state doesn't, the county shall, and we're trying to -- in that "county shall," we're trying to be as tight with the dollar as we can to get our job done to provide the services we need, whether it's witness management, arbitration, mediation, guardian ad litem, interpreters, court reporters, or whatever it may be so that the courts can operate efficiently and effectively conserve the dollars for Collier County. This will provide us with a -- with a clear chain of command for the employees for direction of their -- of their operation and -- and, as I said before, it will provide us with the capacity to move people, to cross-train, to hopefully make the fullest use of the -- of the abilities of these folks working for the court system. (Commissioner Norris enters the meeting room.) JUDGE REESE: There are personnel rules and regulations which basically mirror those of the county. We have a detailed agreement that we have reached. In the other counties where there's been a resolution by the -- by the board adopting the concept, we then implement with the county administrator's office an agreement that goes through in great detail all aspects so no employee will be in any doubt as to their sick leave credit, their annual leave credit, or all of the other personnel management factors and other things that are necessary for us to effectively operate. I think it will be a benefit to Collier County. It will be a decided benefit to the courts, and I think we can take a little of the burden from the county manager's office and -- at least to the extent of these -- of these programs. I would be happy to answer any questions you might have. CHAIRPERSON MATTHEWS: Are there questions? COHMISSIONER MAC'KIE: I have one. CHAIRPERSON MATTHEWS: Commissioner Hac'Kie. COHMISSIONER MAC'KIE: I have just a couple. Do you know -- Can you tell us -- I see that we have about $2 million that comes out of the general fund into the court system. Is that amount -- Did I understand you to say that the amount is mandated? Do we have any discretion on how much money we fund in the -- JUDGE REESE: No, ma'am. I -- I -- Excuse me. I didn't -- I did not mean to say that the amount is mandated. The statute speaks of personnel and services and facilities. The cost of those is a matter of legislative or county commission decision as to what you feel would be appropriate, how much you want to -- you want to appropriate in those areas. I'm not suggesting that the commission does not have the full budgetary authority to set the amounts. What we would like to do is to manage those dollars and report back to you and hopefully at the end of the year be able to return dollars to you. That's been our experience in the other counties as we've been able to return dollars to the counties. COHMISSIONER MAC'KIE: My other question is from a programmatic perspective. For example, one of the things that we're talking about in Collier County is -- is the spouse abuse unit, and that came up in budget workshop discussions, and it's something that I strongly support and want to -- JUDGE REESE: Yes, ma'am. COHMISSIONER MAC'KIE: -- see happen in Collier County. If -- If we adopted this proposal, would I have any influence on whether or not there was a spouse abuse unit in Collier County, or is that strictly a decision that would be made in the circuit courts? JUDGE REESE: Well, when you say "spouse abuse unit," I'm not quite sure how you define -- what concept you have for spouse abuse unit, but let me fill you in if I can on what our plan is and what we hope to -- what we envision. Judge Starnes has been leading the charge on domestic violence courts. To give you a little bit of history, it was November of '93 that -- at a judges' meeting that I indicated let's take the drug court concept, repetitive, nonproductive, self-destructive behavior, and let's use that same concept on domestic violence to try and treat domestic violence cases. Judge Starnes took that concept and has developed it into what is now a domestic violence court. It is my understanding that -- that that's exactly what we're trying to develop here in Collier County as we have in Lee County, is a domestic -- a docket designed to deal just with domestic violence, the need for intervention, the need for counseling, the need for help with the families. We have -- I guess you could call it a domestic violence unit in Lee County, and I would hope the same thing would come into existence in Collier County. You have a very strong advocate and ally in Hugh Starnes in this area, and I think the commission's desires and willingness to fund are going to be of great importance in the structuring of this program because while it will be a court -- a natural part of the courts, still the sheriff is a component of it -- COMMISSIONER MAC'KIE: Right. JUDGE REESE: -- that the county commission is, because we have human services and other aspects that are all components and they all work together, and hopefully the result is going to be that of compromise and melding of these ideas together. COMMISSIONER MAC'KIE: My last question -- I'm not sure who it -- who it would be for, maybe Mike, maybe Neil, is, if this change were implemented, how would the budget process look different? For example, we did this programatic budgeting where one of the things we do is to say, "Okay. You know, you've got to cut some employees here, but we want to see this spouse abuse unit, so we're going to fund this amount of money for a spouse abuse unit." Would we be able to do that, or would we just say, "We're going to give $2 million. Please spend it wisely"? MR. DORRILL: My understanding is that Lee and Charlotte County do not scrutinize to that level, but I thought I understood Judge Reese to say that they recognized that your jurisdiction or your authority to set annual appropriations is at your discretion. My -- My presumption would be that you could do program review budgeting if you chose to do so. I'd ask Judge Reese to comment on that, but my impression is that you could, but then the management of those funds would be almost similar to the way that we treat other constitutional officers or contract agencies in this case like the State's Attorney's Office or the public defender. COMMISSIONER MAC'KIE: Which is pretty much no control. Which is pretty much we write a check and please spend it wisely. MR. DORRILL: Currently for those two agencies that's correct. JUDGE REESE: Well, what we have -- What we do in the budget process in Lee and Charlotte County is we in the budget request set out the amount of dollars for the various types of activities, whether it's court reporters or arbitration, mediation, witness management, guardian ad litem, and in that budget request of the employees, the dollars for support of the offices and their share of the cost of the facilities and all of that. And if -- and it is within that budget process if -- if we have a -- You know, if adequate funds are not available to be appropriated yet there is a program that -- that -- that should have priority, I think that's the time that it can effectively be addressed. And, you know, we have not come up against that problem yet, and our experience has been that court administrators working with county administrators and OMB, we just haven't had the problem. We've worked out whatever there may have been. We have to have certain activities and certain things. We have to have -- For instance, we couldn't cut court reporters at the expense of -- or do domestic violence at the expense of court reporters. There's certain things we have to do. There is a certain liquidity in that budget process, though, where a greater emphasis can be placed. And, believe me, the courts are not unmindful of the power of the purse of the county commission to appropriate or withhold appropriations, and we're all here working towards the same end. COMMISSIONER MAC'KIE: Thanks. CHAIRPERSON MATTHEWS: I've got some questions on really logistics of this. This executive summary talks about 44 employees of the county, six of which are in court security, and they -- they perform security procedures for all of the county at different locations, not just the courthouse. If we were to dedicate those six employees to court administration, what do we do about the other security efforts that those people have? In addition to that, if -- if we were to say, "Okay, Judge Reese. You've convinced us that we should give you $2 million a year and that we should turn these 44 people over to your jurisdiction and control," what do we do in the future in controlling an increase in the numbers of people and an increase in the dollars? JUDGE REESE: Well, let me address that first. You have the control because of the amount of money that you -- that you appropriate. We're not going to add employees or increase budgets without the county commission's -- CHAIRPERSON MATTHEWS: But these are article five costs. We don't have a lot of choices. JUDGE REESE: Well, but that's -- that's one area where we're able to control article five costs. So it's -- The concept is it actually gives you more input into the article five costs. Right now when an order is signed for a court-appointed attorney, the County Attorney's Office can verify that they put the number of hours they say they did into that case, but the county has to pay it. If -- When I sign the order for the court reporter overtime, the county has to pay it. But in this scheme and through this and through this budgetary process, the county actually has more input because you can look at how good a job of stewardship we have done in the overall picture, all of the court reporters, all the court-appointed attorneys, all of these things have we done a good job, not be piecemealed by individual things so that you never can quite tell how far these article five costs are going to go, but it will give you an opportunity to have a lot better idea of what article five costs there are and what are necessary and are we doing a good job of managing the use of those monies that are for article five costs. This gives you much better control and perspective of these article five costs rather than just having an order signed and say, well, we have to pay it. But -- Forgive me. Your first question was the -- CHAIRPERSON MATTHEWS: How do we control the numbers of people increasing over the years? And should we turn this function over to the court administrator, how do we then control the dollars that get funneled into the system? How do we just keep it from burgeoning into just giving you a free passage into our pocketbooks? JUDGE REESE: No, ma'am. There's not -- absolutely not a free passage into your pocketbook at all. CHAIRPERSON MATTHEWS: Well, I want to know how -- JUDGE REESE: Okay. CHAIRPERSON MATTHEWS: -- we're going to make that happen. JUDGE REESE: We have to come to you each year as a part of your budget process -- CHAIRPERSON MATTHEWS: When do we get -- JUDGE REESE: -- course. CHAIRPERSON MATTHEWS: When do we get to oversee what you did with the money other than just writing a check and hope you spend it wisely? JUDGE REESE: During the -- During the budget workshop and appropriation process just the same as every other county function has to basically justify what it's done with last year's appropriation, what it needs to operate next year, whether it's an increase or a decrease in personnel or funding or equipment or what it is, and you get to look at it at that point and say we can -- we can fund this much or we can fund this but we're not going to fund that. You make the decisions within the appropriation. Your office of management and budget will receive all of the budget request information. It's not that we make a lump sum request and say write the check for that amount, not that at all, because you will see every component that goes into that and where the money is spent and to what extent and what employees. And if we are -- If we need to add additional employees, you will see the -- that in there and have the opportunity to have the deputy court administrator responsible right here as well as the court administrator and the physical people justify, if they can, the need for that additional position or additional funding, and if you don't feel it's needed, don't fund it. CHAIRPERSON MATTHEWS: Do we get to look at that historically or perspectively? JUDGE REESE: Well, because of the way things have sort of evolved, I don't know if there's a -- if there's an effective way to do it historically because of these -- the programs starting out and the way they've grown, but we will use every bit of historical information we can as a baseline to try and -- as far as operation is concerned. It's not our intention at all to start adding people and increasing programs. We may come back and say we need additional personnel to meet a particular need. But just the same as any other request for appropriation, we've got to have some basis, some reason for that. And, of course, the commission has the authority to say we agree or we disagree or make due with what you had last year or do the best you can, and that's the way it would work. CHAIRPERSON MATTHEWS: Mr. Dotrill, has any work been put into this into trying to visualize what the future of this project is going to look like? MR. DORRILL: If I understand your question, I'd say nothing over the long-term. And I will tell you initially I -- you know, we're just sort of down home enough still here, and I went to Fort Myers and met with Judge Reese, and I told him, I said, well, you know, we may be sort of dumb and naive, but we've got a lot of control for a lot of years and we just have some concerns, and I think we've worked our way through those preliminarily. Over the longer term, I'm not sure where court costs and court programs and court priorities are headed. CHAIRPERSON MATTHEWS: Commissioner Norris. COHMISSIONER NORRIS: If the court administrator or the section doesn't agree with what the county commission appropriates for you in any given year, what would be the appeal avenue? Is there an appeal avenue? JUDGE REESE: Well, I think a review of the cases around the state would indicate that if the counties do not appropriate adequate funds, say, for a courthouse, for instance -- this happened in Jacksonville -- there is a process for a mediation and then for perhaps a lawsuit, but that is the most extreme example. That's -- That's -- That, I think, is intended to address a crisis situation where in Jacksonville the City of Jacksonville did not have enough courtrooms for the judges to hold court. It was -- It was a terrible situation, and it turned on the funding for a bond issue and a lot of other factors that -- for building a new courthouse, but that's an extreme example, one that I do not contemplate ever reaching here. The county commissions have basically been happy with the job we've done. We've been able to save money. We've been able to show substantial savings and an increase in services. Whether that's a reduction in the appropriation for the next year or a -- not an increase as is the situation in Lee County in the last few years, although they have plugged in increases. We have not asked for any increases because of the savings we've been able to effect. If they said, "We can't ...... We can't give you that much money. You're going to have to do with less," well, we try and work it out as everybody does during the budget process but if that -- if that is the ultimate decision, that's the decision of the county commission, and that's the one we have to work with. COHMISSIONER NORRIS: Okay. Thank you. One more question, I think, for Mr. Dotrill, perhaps Mr. Cuyler. If we were to make the decision today to make this change and sometime in the future we decided that we didn't like the way things were turning out, do we have the ability to reverse today's decision at some point in the future? MR. DORRILL: I -- I think honestly that -- that you could try that. I think that we would probably then be a little more adversarial with the circuit court than what we are today. We have been -- tried to be cooperative thus far, and that's why I told you ultimately it's my impression that the king of the mountain for court program decisions is the man standing before you. You're on the other side of the appropriation scale, and as long as you're controlling the appropriations, there's got to be some cooperation there. COHMISSIONER NORRIS: Well, that's fine, and I'm sure we all want to cooperate, but I do need the answers to these questions. It's all a part of the decision-making process. MR. DORRILL: I understand. JUDGE REESE: Yes, sir. This is a resolution by the board. A resolution passes and the -- there is implementation of this agreement. If the board should just rescind that resolution thereby obviating that agreement, then we're back to where we started from, and we would have to then work out the provision of these court services and all of the other matters. But, yes, sir, there is. The board is not -- is not making -- It's not an irrevocable trust. It's very much of a revocable trust -- COHMISSIONER NORRIS: Well, that's good. JUDGE REESE: -- and we're the stewards. COHMISSIONER NORRIS: I think that answers that question. I would like to ask one more time for clarification -- I think Commissioner Matthews had asked about the current security personnel also look after some of our county facilities and not just the courts. Now, tell me again how that's going to work. MR. DORRILL: Well, my -- my desire obviously would be to be able to control the work plan for those individuals and have us perform a service to the courts and still work through the state courts administrator for the reason that was stated because, otherwise, they perform security functions at county-owned facilities throughout the Naples and Marco Island area, and that's the only instance where a department in courts has shared multiple responsibilities. There are no other cases. So my preference would be for us to be able to maintain the operational security issues so that we can also make sure that the rest of the government center has security provisions, the County Barn Road facility has a security provision and that's -- that's more of a selfish interest admittedly on our part to be able to control that function. COHMISSIONER NORRIS: One last question then. JUDGE REESE: Yes, sir. COHMISSIONER NORRIS: If we -- If the board were to approve this agreement here before us today, would we be able to include in that visitation rights for Tobey? JUDGE REESE: Followed the Tobey case closely, very closely, Commissioner. Great case. Commissioner, in the performance agreement, the question you had for the county manager about court security, providing security for other county sites and things, this is something that can be easily worked out in the -- in the performance agreement between county government and court services. I -- I don't see a difficulty with that at all. We're concerned with the -- with the court facility. If there's a greater role or mission for those security people, I don't see there's any conflict there. We're all doing the same thing. CHAIRPERSON MATTHEWS: Commissioner Hac'Kie. COHMISSIONER MAC'KIE: Just -- Just -- I may be asking the same question again but I'm trying to -- I understand the concept of we fund a program. I'm stuck on the spouse abuse unit again, but we fund the program, and there are employees who work for us through the manager who, you know, if they don't implement the program the way we want them to, I know how to respond to that. Under this proposed scenario, what if? I mean, I call you if they're not doing -- JUDGE REESE: No. COHMISSIONER MAC'KIE: -- what we wanted them to do -- JUDGE REESE: Well -- COHMISSIONER MAC'KIE: -- before I would have called him? (indicating) JUDGE REESE: No. The -- If -- If the program -- Well, first of all, for a specific program such as that, I think that the program and its components need to be set out in the agreement so that there's a clear understanding of what the county government's responsibility is and court services' responsibility for that program. It may be that that is an area of some joint responsibility. If the program -- and it can be specifically set out as a budget item, as an appropriation item, and that program can live and die on its own merits, and you can address that specifically as opposed to the budget in general, just personnel and the general budget areas. There's no reason why that can't be done so that it is accomplishing its mission. We do these -- They have been done with state-appropriated funds as pilot programs, as specific named designated programs for a specific period of time for the appropriating authority then to review how they've done. We started out that way with law clerks. We started out that way with witness management. We've started with a lot of different programs that were, in effect, pilot programs. They had a -- They had a life span, a known life span. And if they weren't accomplishing what was desired, then we pulled the plug on them. If they were -- and hopefully this will be the case -- then it just continues on as an appropriated item for appropriation and continues as a part of the system, but a lot of the programs they have right now started just as that, just as pilot programs, because we didn't really know where we were going with it or how it was going to look in the end, and we didn't want to just throw money at it. We had to use what we had, the greatest effect, and then evaluate it. COMMISSIONER MAC'KIE: Last question just because I can't resist asking it is -- JUDGE REESE: Okay. COMMISSIONER MAC'KIE: -- what if we voted this down, what -- and we elected to stay with our program as it presently exists? Will we find ourselves in litigation with the circuit courts or '- JUDGE REESE: I would -- I would -- I would -- Well, I would hope not but what we -- what we would see is the -- the same -- the same sort of parallel responsibility from the county administrator's office and from the court administrator's office we haven't been able to work successfully, but there are areas of conflict and areas where we've had to -- we have had to negotiate and deal with some of these things. We would not have the ability to contract, for instance, for attorney services in conflict cases and in excess appeal cases. Those are the ones sent back from the second district because the public defender up there can't handle them and we assign them out. That would fall to the county and some way to do that, and the county has to go through the RFP, the contracting process which is a large process for a small -- very small contract. The courts are able to -- through contracting through the court administrator's office to do that, but business would continue. I don't think we would be able to effect all of the savings that we would like to, and I don't think we would have the management flexibility that we think would be beneficial, and I don't say that in any criticism at all to the county administrator, not in the least. He's been here a long time. He's done a good job. And so what I'm proposing is a way in which we can perhaps do the court's business a little bit better and save some dollars in the process. Thank you. CHAIRPERSON MATTHEWS: Mr. Dorrill, Judge Reese has just a few moments ago talked about some areas in administration where there's been some conflict between what we want done and what the court administrator wants done. Is that nearly always resolved in the opinion of the court administrator or is there often a compromise? MR. DORRILL: I think historically there has probably been plenty of compromises. There have been a couple of personnel issues that were awkward. There was one that occurred last summer that occurred where an employee ultimately resigned, but, again, I think that one solved itself, and I think the other issues -- It's my understanding the decision has been made that Mr. Brigham's replacement will be on the payroll and within the organizational structure of the courts administrator for the circuit, and they are about to begin their final round of interviews and make the selection. And if the board elects not to proceed with the proposal, then we will have to set up some type of mechanism because you will otherwise then have a state employee who is indirectly supervising county commission employees who are adhering to the various personnel and purchasing and risk management rules and ordinances that you have adopted. CHAIRPERSON MATTHEWS: I think for myself I'd -- I'd like to see some more input from the county manager's office and from the court administrator on what the expected differences would be in the future from what's happening right now. I'm not sure that I see anything that's constructive coming from our handing this over to you. Right now we have a court administrator and a county administrator who sometimes are at odds with one another and work out a compromise that is to the benefit of both parties. If we turn this over to the court administrator carte blanche, the county administrator would never be invited into those discussions again, and that might be detrimental to the county. We don't know that. I think for myself I need to see more about what it is we're talking about actually doing rather than just to say, "Here, Judge Reese, have it." I need to have a little more control. These are -- These are 44 county employees, and I presume they would remain county employees if we were to transfer this responsibility. MR. DORRILL: No. No. COMHISSIONER MAC'KIE: No, ma'am. CHAIRPERSON MATTHEWS: They would move to the state? MR. DORRILL: That's what's done in Lee and Charlotte Counties. JUDGE REESE: No, ma'am. They would be court employees. They don't work for the State of Florida. They are under the state retirement system. They are -- They are -- They work for the court and for court services. CHAIRPERSON MATTHEWS: Who would write their checks? JUDGE REESE: The clerk would write the checks. CHAIRPERSON MATTHEWS: The clerk of? JUDGE REESE: The clerk of circuit court. CHAIRPERSON MATTHEWS: The clerk of the circuit court. JUDGE REESE: Yes, ma'am. CHAIRPERSON MATTHEWS: Not the clerk of the court, Dwight Brock? JUDGE REESE: Dwight Brock, yes, ma'am. CHAIRPERSON MATTHEWS: He is the clerk of the circuit court also? JUDGE REESE: Yes, ma'am. CHAIRPERSON MATTHEWS: Okay. JUDGE REESE: Yes, ma'am. He will control the money. CHAIRPERSON MATTHEWS: So their paycheck would come from the same person, the seniority would remain the same? JUDGE REESE: Yes, ma'am. CHAIRPERSON MATTHEWS: Except for administrative -- MR. CUYLER: The payroll would be the state payroll as I -- as I understand it. JUDGE REESE: Well, the payroll would be -- and, Dick, you've got to help me on this one. MR. HALLAM: No. The payroll would come from Collier County. MR. CUYLER: JUDGE REESE: MR. CUYLER: JUDGE REESE: Will this be the county payroll? Well -- I stand corrected. Well, the payroll would stay right here. As to the amount of pay or pay increases, I'm -- I'm -- you'll have to help me with that one. I'm not clear on that. This is Dick Hallam. He's the senior deputy court administrator. MR. HALLAM: Well, generally the way that we'd work it, if -- if you have a -- if you have a cap on a budget in other counties -- as other counties do, the increase -- if you provide a 5 percent increase for overall pay increases for people, we try to accommodate our personnel in a way that's conducive to creating and to improving their performance, not necessarily a 5 percent increase for rewarding bad behavior of employees that aren't producing and -- throughout the evaluation period. I don't know what process because we haven't discussed it, that if you just give 5 percent increases over all, we generally -- we generally have all good employees in Charlotte and Collier County -- or Charlotte and Lee County, and every time that we've had pay increases, every employee has got one with one or two exceptions, but these exceptions were personnel that were -- that were -- had some difficulties in the past, but this wasn't during a transition period at all. This was something that came up that action had to be taken. The budget process that we were -- that we -- that I think that you're grappling with can much be the same budget process that you're going through now. We have to be accountable to you, and we want to be accountable to you. We want you to know where your funds are being spent. So I doubt very much that the commission in Charlotte County or Lee County have ever seen anything any different than what they saw before, that the county relinquished the complete control over the employee that we're discussing here today. So I don't think that your concerns about control or your concerns about who does what as far as from your standpoint will change that much. You still have a budget review authority of domestic violence program, witness management program, or if these Honors determine we need a court program in order to perform some specific function that the Court needs to have performed, as always we have to go to the counties and ask the counties, look, here is what we need in order to be able to function as a court system in your county, and this is the amount of funds that it takes, this is what we're going to try to accomplish, and we discuss the same thing as we always do. So there's very little -- CHAIRPERSON MATTHEWS: Judge -- Judge Reese has said all that already. MR. HALLAM: All right. Thank you. CHAIRPERSON MATTHEWS: Commissioner Constantine. COHMISSIONER CONSTANTINE: I guess the more we talk, the more confused I've gotten now. CHAIRPERSON MATTHEWS: Yeah. COHMISSIONER MAC'KIE: Yeah. Me too. COHMISSIONER CONSTANTINE: A moment ago, Judge Reese, you indicated that they would become state employees. They would -- or become court employees. JUDGE REESE: Court employees. Yes, sir. COHMISSIONER CONSTANTINE: The most important thing to me is that they stay in the state retirement system -- JUDGE REESE: Yes, sir. COHMISSIONER CONSTANTINE: -- so if someone is eight years in. JUDGE REESE: Absolutely. They are. COHMISSIONER CONSTANTINE: I did get a little confused, however. If the check is still going to have our chair's signature on the bottom, if their paycheck does, I'm not sure how that then becomes a state court employee. JUDGE REESE: No, sir. The only -- The only difference their paycheck would have is it would be signed by Dwight Brock as the -- as the clerk of court as a physical officer disbursing for the -- for the courts. That's the only -- That's the only difference. It would have one less signature on it. It would still -- The accountability and everything else would all remain the same. CHAIRPERSON MATTHEWS: Commissioner Hac'Kie. COHMISSIONER MAC'KIE: I just need a clarification again. I think I've got my wires crossed. I thought that at the beginning of the presentation you had said the personnel policies would be the same. And if they were, then if we say a 3 percent raise across the board for county, you know, then that would apply to court employees under our present system, but now I'm hearing that you would make those decisions, and you might give 10 or you might give none or you might -- JUDGE REESE: No, ma'am. COMMISSIONER MAC'KIE: So I'm confused about personnel policies. JUDGE REESE: Okay. What -- I did not state that very artfully, and what I intended was that the personnel rules and policies virtually mirror those of the county's. There will not be any drastic change that they will see. As Mr. Hallam has indicated, we -- we use merit raises more than across the board. But if it is the desire of the county commission that there be an across-the-board increase, we still try to give that and then some additional so that there is a merit increase. Performance is what we like to emphasize in that respect. But the policies and procedures are virtually the same. Are they -- Collier County's absolutely identically? No, I don't think they are. COMMISSIONER CONSTANTINE: I was just saying I'd like to follow your model -- JUDGE REESE: Yes, sir. COMMISSIONER CONSTANTINE: -- and do it strictly on merit as opposed to automatic for everybody. CHAIRPERSON MATTHEWS: Commissioner Constantine. JUDGE REESE: Yes, sir. CHAIRPERSON MATTHEWS: I'm sorry. Commissioner Hancock. COMMISSIONER CONSTANTINE: You're having an awful hard time. CHAIRPERSON MATTHEWS: I'm having a bad time today. COMMISSIONER MAC'KIE: Just say "Tim." COMMISSIONER CONSTANTINE: Do you want to switch chairs? COMMISSIONER MAC'KIE: Just say "Tim." You'll be safe. COMMISSIONER HANCOCK: Two things -- CHAIRPERSON MATTHEWS: Yeah. If I just say "Tim," I'll have it covered. COMMISSIONER HANCOCK: -- you said today make a lot of this go away. One is that it's revocable. This is not something that if we -- if we enter it and find out there's a problem and we can't act on it, we can't pull it back. So I like that idea. The second thing you brought up, my favorite word in open government in the last two months has been the word"savings" because every time up here we approve $10,000 in savings, I find out six weeks later we had to spend 20,000 to get it. What I'd like to ask is -- you said savings. In real dollars, what are we talking about when you say savings to the taxpayer, not shifting from one category to another? But in the end run, are there real savings that are realized? JUDGE REESE: Yes, sir. Let me just use as an example the provision of court-appointed attorneys by using contracts with the court administrator's office in Lee County, we have saved on the average $115,000 a year of -- of over the 330, almost $400,000 that is spent annually in that appropriations category. We have saved those dollars. We have provided the services without expending as much money as we would have otherwise or customarily following the way it had been done before. COMHISSIONER HANCOCK: And by approving this resolution, you would anticipate similar real dollar savings in Collier? JUDGE REESE: Yes, sir. Fortunately I would anticipate real dollar savings in Collier County. Yes, sir. And if we can't -- And if we can't, if we're not good to our word and there's not a reasonable explanation of why it didn't happen, you can pull the plug on it. You can pull the plug. CHAIRPERSON MATTHEWS: I continue to feel that I want to see some sort of a plan of action that's going to tell us where the savings are going to be, what's going to happen with the employees, differences between current employee policies under the county and employee policies under wherever it is they're going to go, whether it's court administration or the state or what have you. I think we need to know what's going to happen with the employees, and are there any differences even minutely between the county policy and the court administrator's policy. I for one am not prepared to move forward on this today in a positive direction because I don't have the answers. I don't have what I need to see. Commissioner Norris. COMMISSIONER NORRIS: I understand your concerns. Myself, I am comfortable enough to move forward, and I'll make a motion that we go ahead and approve this resolution. COMHISSIONER HANCOCK: I'll second that motion. COMHISSIONER MAC'KIE: I'm -- MAy I? I'm -- CHAIRPERSON MATTHEWS: Commissioner MAc'Kie. COMHISSIONER MAC'KIE: I'm going to oppose it for today because I'd like to get answers to some of the questions that we've heard asked today on a more specific -- in a more specific way so -- so that -- It makes sense to me in concept that courts would do a better job of managing this money than certainly we would, but some real questions that I still have open I'd like to -- I think we could resolve, and then I'd be more comfortable to support the idea. CHAIRPERSON MATTHEWS: Well, I -- obviously I'm not going to support the motion. I've said before the motion was made that -- what my reasons were. If we don't have any further discussion, I'll call the question. All those in favor please say aye. Opposed? Motion fails 2-3. Is there a substitute motion? COMHISSIONER CONSTANTINE: I'll make one just with the same comments as Commissioner MAc'Kie. I think ultimately we're going to get to -- get where we're trying to go. I just agree with Commissioner MAtthews. Perhaps a little more detail to help clarify it in my head will make it easier to do. I don't have any doubt we'll get there, but I don't know what kind of time frame we need to put together some of those details and answer some of those questions but maybe -- CHAIRPERSON MATTHEWS: Six to eight weeks anyway. COMHISSIONER CONSTANTINE: Do we need that long? CHAIRPERSON MATTHEWS: I don't know. COMMISSIONER CONSTANTINE: I don't care what time frame. I'll make a motion we continue or bring the item back within -- and I'm open to suggestion for a time frame. MR. DORRILL: But we would -- we would actually have some type of specific agreement with respect to programs and personnel rules and pay plans. CHAIRPERSON MATTHEWS: We want to see more specificity on this, what are we going to do, what are we going to save, where are we going to save it. COMMISSIONER MAC'KIE: How about a draft of this performance agreement that we're discussing? MR. DORRILL: That's -- That's what I'm suggesting. COMMISSIONER MAC'KIE: I mean, if the performance agreement is the ultimate -- that's the vehicle that will be used to implement the policy, let's put a draft together, and then we can specifically approve that. CHAIRPERSON MATTHEWS: How long? MR. DORRILL: We'll need at least 30 days because I'm going to be very busy reviewing all of the line item budgets so that you are prepared to start viewing those the first or second week in June. COMMISSIONER CONSTANTINE: I'll say within six weeks on my motion. MR. DORRILL: Okay. COMMISSIONER MAC'KIE: Second. CHAIRPERSON MATTHEWS: We have a motion and a second to give direction to come back with a more detailed plan to tell us more about what's going on. Commissioner Hancock. COMMISSIONER HANCOCK: Judge Reese, is that sufficient time you feel to provide and work with our staff for what is being asked? JUDGE REESE: Yes, sir. I think so. CHAIRPERSON MATTHEWS: Good. I'll call the question. No further discussion. All those in favor please say aye. All those opposed? There being none, motion passes 5-0. JUDGE REESE: Thank you very much for your time. CHAIRPERSON MATTHEWS: Thank you. We'll see you again in six weeks or so. Item #12B1 ORDINANCE 95-30, RE PETITION PUD-83-14(2), DWIGHT NADEAU OF MCANLY, ASHER AND ASSOCIATES, P.A., REPRESENTING GMA DEVELOPERS, REQUESTING AN AMENDMENT TO THE GREEN HERON PUD - ADOPTED We'll move to the afternoon portion of the agenda. COHMISSIONER MAC'KIE: And it's only 2:30. CHAIRPERSON MATTHEWS: Item 12B(1), Petition PUD-83-14, second amendment. Mr. Nino. MR. NINO: Ron Nino of your Development Services staff. The petition that's before you this afternoon is for the purposes of amending the Green Heron PUD which is marketed as the Sapphire Lakes development. The Green Heron -- Green Heron PUD, as you all know, is on the north side of Sapphire -- north side of Radio Road. A substantial amount of development has occurred within that PUD, and by virtue of that, it's no longer -- it is vested for purposes of having met the substantial development criteria. The PUD seeks to bring about two amendments to the -- to the document. One is to amend a development requirement that is in the current document that is tailored to the type of housing that was built in the first phase where the parking lot is front loaded in front of your more conventional condominium-type development. That setback provision was 50 feet for principal buildings and presents a problem in terms of providing for a more single-family-type residence which is the development strategy for the balance of the Green Heron development, attached single-family housing primarily with garages as an integral part of the housing structure. Under that scenario, the more typical setback is 25 feet, and that's what's proposed in the amendment. That, of course, would not affect the districting development. The second -- The second request here is to eliminate a golf course which was part of the original master plan and that's -- I posted that on the bulletin board behind me. The developer at no time, we're advised, ever marketed the Green Heron development as a golf course community. That -- That information was furthermore relayed to me in a number of telephone calls with people who had received our notification. Quite frankly, they were surprised that the original plan included a golf course. There was nothing in the -- in any marketing material that was a concern as we indicated in the staff report, but that was a concern that we have that this project wasn't marketed as a golf course community. Now they're pulling the plug. So that's not an issue here. In addition, as is normal, the normal custom of staff, we took the opportunity to make some changes in the PUD document to reflect references to current land development standards, and we encourage the developer to make some changes to the transportation and environmental stipulations, and all of those changes are reflected in the document that you have in your package. Moreover, the issue of an ease -- of a drainage easement came up during these discussions, and the developer has consented to dedicate an easement to Collier County for drainage purposes in connection with future Radio Road work. The Planning Commission heard this petition on March 16 and unanimously 9-0 recommended approval. There was no written or verbally communicated objection to the amendments that are before you. I'll be happy to answer questions. CHAIRPERSON MATTHEWS: Commissioner Norris. COHMISSIONER NORRIS: Mr. Nino, does this petition ask for any change in the number -- the total number of residential units? MR. NINO: No, it does not. COHMISSIONER NORRIS: It doesn't? They remain exactly the same? MR. NINO: Exactly the same. CHAIRPERSON MATTHEWS: Mr. Nadeau, do you have more to add or are you just here to answer questions? MR. NADEAU: Only for the record. My name is Dwight Nadeau of HcAnly, Asher and Associates representing GMA Developers in this petition request. Mr. Nino was very articulate in his description of the amendment. I'll be happy to answer any questions that you might have. CHAIRPERSON MATTHEWS: Commissioner Hancock. COHMISSIONER HANCOCK: Mr. Nadeau, for the record, can this board be assured that promotional materials at no time showed or alluded to a golf course in this development? MR. NADEAU: I can assure you that. CHAIRPERSON MATTHEWS: Any other questions? Are there public speakers? MR. CUYLER: There are no public speakers. CHAIRPERSON MATTHEWS: Then I'll close the public hearing. COHHISSIONER CONSTANTINE: Motion to approve the item. COHMISSIONER NORRIS: Second. CHAIRPERSON MATTHEWS: We have a motion and a second to approve PUD-83-14. If there's no further discussion, I'll call the question. All in favor please say aye. Opposed? There being none, motion passes 5-0. MR. NADEAU: Thank you, Commissioners. Item #12B2 PETITION PUD-87-36(2), HICHAEL R. FERNANDEZ, AICP, OF AGNOLI, BARBER & BRUNDAGE, INC., REPRESENTING NAPLES INTERSTATE ASSOCIATES, REQUESTING A REZONE FROM PUD TO PUD FOR A PROJECT TITLED CARLTON LAKES - DENIED CHAIRPERSON MATTHEWS: Thank you. Next item on the agenda is item 12B(2), Petition PUD-87-36. Mr. Nino. MR. NINO: Again, Ron Nino, for the record, of Development Services. The petition before you, the Carlton Lakes PUD, is a petition that you recently approved and -- COHMISSIONER CONSTANTINE: Mr. Nino, before you go too far, I'm reading down a few paragraphs. It says, "With respect to the substance of this petition, nothing has changed since the last decision relative to the matter of the number of dwelling units," and having seen this once, I'm wondering -- and maybe you can't answer this. Maybe the petitioner has to. But, A, is there a difference; B, if so, what is it; and, C, if not, why are we seeing it again? MR. NINO: There is a slight difference. The petitioner is offering to limit the amount of commercial development to a set area; namely, 80,000 square feet whereas under the normal development standards of the Land Development Code adhering to setbacks, open space, parking, they probably -- they probably could build in the neighborhood of 100,000 square feet of development -- commercial development on that seven acres. That was also alleged in their transportation impact study. There's -- So there's -- They're offering to limit that to 80,000 square feet and their position is that the 80 -- the -- the -- The difference in 20,000 square feet in terms of automobile trip movements equates with the added number of dwelling units that they're seeking; namely, 174 dwelling units. That is the position that is somewhat different than that which was communicated to you at the November 22 hearing. CHAIRPERSON MATTHEWS: Are there other questions? Commissioner Hancock. COHMISSIONER HANCOCK: This property is located adjacent to -- if I'm not mistaken, was proposed at the northern extension of the Livingston Road corridor? MR. NINO: Yes, it is. COHMISSIONER HANCOCK: Are there agreements that if the dev -- if this parcel does develop, that that corridor becomes more readily available or closer to being built or -- In other words, does it help us along to getting that extension? MR. NINO: Well, the current approval does that. COHMISSIONER HANCOCK: So -- MR. NINO: The current PUD has them building two lanes of Livingston Road. COHMISSIONER HANCOCK: So if they were to construct tomorrow, we're in much better shape on that section of Livingston Road as far as getting it constructed? MR. NINO: As I said, that condition exists under the current -- COMMISSIONER HANCOCK: I understand. But if they never develop, it's not going to get built; is that correct? In other words, if -- if -- MR. NINO: Unless -- Unless the county takes the initiative to do it. COMMISSIONER HANCOCK: Okay. Because the reason I ask is -- and this was something that I made an -- if I remember, an unsuccessful argument the first time I saw this in November of last year, and that is that this original approval is not new. It's -- It's been sitting there. Markets change. Products change. What is doable one year, five years later may not be possible or may be on the fringe of possible. And when I look at the overall request as I did then and I look at it now, the density for the project, if we approve the increase, is still 3.4 units per acre, I believe. MR. NINO: That is correct. COMMISSIONER HANCOCK: In an area that our Growth Management Plan called out as being allowed for up to six units an acre due to its proximity to the interstate activity center; is that correct? MR. NINO: It allows -- It allows seven. COMHISSIONER HANCOCK: It allows seven. Then I saw the __ MR. NINO: Actually -- Actually, it allows eight. It authorizes -- Let me -- Let me correct that statement. COMHISSIONER HANCOCK: Okay. MR. NINO: It authorizes up to eight dwelling units. COMHISSIONER HANCOCK: If we get to 12, I'm going to hear sold. MR. NINO: There's a base density of four dwelling units. Then there is a potential three additional dwelling units for being within the one-mile band, and then there is an additional dwelling unit when a project fronts on two or more arterial roads. COMHISSIONER HANCOCK: I just -- I put all of that together and I looked at the overall request, and what I see then and see now is not an unreasonable request by any means. In addition, if the project has difficulty moving forward, I'm in no hurry to put units anywhere in Collier County. If the project has difficulty moving forward with a lower unit number and there's a subsequent benefit that we get two lanes of Livingston Road built, I'm -- I'm listening, and I would just ask that the board consider those elements. I'm sure the petitioner has a proposal. But 3.4 units an acre, I don't think anyone's vision is 20/20 ten years in the future, and I don't see this as an unreasonable request. COMHISSIONER CONSTANTINE: Of course the longer we go without those additional 800 family units, the less the need for that Livingston Road extension is to the property. COMHISSIONER HANCOCK: We can argue that, you know, until the cows come home, and if that's the case, why don't we put a moratorium on the whole county. We won't have to build anything. What I'm saying is that the market changes and things change, and I don't think any of our crystal balls is sufficient to go out in the future and determine exactly what will or won't sell, and I think we're eliminating flexibility within reason by not entertaining this request. COHHISSIONER CONSTANTINE: Well, I certainly hope no one else interpreted my comment with such an outrageous thought as putting a moratorium on the entire county. COHMISSIONER NORRIS: Well, why not? COHMISSIONER CONSTANTINE: That's nowhere close to where I was going with that. COHMISSIONER NORRIS: That would certainly make our work a lot simpler here. CHAIRPERSON MATTHEWS: Are there other questions? I am having difficulty with the 28 percent increase in the dwelling units. It's just a 28 percent increase. I'm having a lot of trouble with it. I voted against it the last time, and if there's a motion to approve, I probably will now. Do we have a motion? I have to close the public hearing first. I'm sorry. MR. CUYLER: If you're going to hear this, you may want to hear from the petitioner. CHAIRPERSON MATTHEWS: Yeah. We may want to hear from Mr. Pickworth. MR. PICKWORTH: Yeah. I -- I -- CHAIRPERSON MATTHEWS: Commissioner Hac'Kie. COHMISSIONER CONSTANTINE: Thanks for coming by, Don. COHMISSIONER MAC'KIE: My question was, if we deny this -- and setting aside the possibility that we can be sued for -- you know, everybody can sue us whenever we say no. I'm not suggesting they would have a suit that they would win, but anybody can sue us. But if -- if they came in with a brand new PUD application for this property today, what could the density be? MR. NINO: The eight. CHAIRPERSON MATTHEWS: Eight now? MR. NINO: The density bonus system authorizes the total density of up to eight dwelling units per acre. I want to be specific on that. It authorizes up to. COHMISSIONER CONSTANTINE: I do have to make one comment before we go too far. Commissioner Matthews said -- you said, well, it's a 28 percent increase. But if I have 100 acres and I'm selling for one home and I change that to two, that's 100 percent increase, but it's still a really, really low density -- COHMISSIONER MAC'KIE: Right. COHMISSIONER CONSTANTINE: -- and -- So I think the crux of it comes down to, is 3.4 a bad density. COHMISSIONER HANCOCK: That really is -- CHAIRPERSON MATTHEWS: It's higher than whatever it is. COHMISSIONER HANCOCK: I agree. But -- And I appreciate that comment because that's kind of where I'm coming from. They're well below the base density. Forget what they're allowed to request. COHMISSIONER MAC'KIE: Right. COHMISSIONER HANCOCK: The base density is four units per acre in this county, and they're even below that with an increase, and I guess that's why it just doesn't cause me any grief for an increase in density when it's well below what we have determined to be an acceptable standard, much less what they could request. So I look at that, and I just have a tough time saying, this is unreasonable, this is not fair. CHAIRPERSON MATTHEWS: Mr. Pickworth. COHMISSIONER MAC'KIE: One last question just for -- How many votes do we need on this, Mr. Cuyler? MR. CUYLER: Four. COHMISSIONER HAC'KIE: Four. CHAIRPERSON MATTHEWS: Four. COHMISSIONER MAC'KIE: Okay. Just counting. CHAIRPERSON MATTHEWS: You're on, Mr. Pickworth. MR. PICKWORTH: Thank you, Madam Chairman. Good afternoon, Commissioners. For the record, I'm Don Pickworth representing the owners of the property. Before I make a couple of brief introductory remarks, let me, you know, in amplification of a couple of comments that have been made, I mean, yes, it's an increase in density, but, again, it's an increase to a density that is still far below what your Comprehensive Plan authorizes and, in fact, what you have routinely approved, not only prior to this petition, but subsequent to this petition and let me -- (Tendering documents to commissioners) What I did was just went through -- and Mr. Fernandez will talk about it in a minute -- but just went through and looked at some of what I call the density band PUDs, PUDs that get additional density because they're within these density bands around activity centers. And you can see I've put Carlton -- I've put them in order of approval and you can see that -- that two petitions have been approved subsequent to Carlton Lakes coming in last fall when they asked for the increase in density. Both of those are for -- one for 6.3 and the other for 5.96 density. So -- So even with what we're asking for, as you can see by what I just gave you, I mean, we are far, far below what similarly situated properties are. Let -- Let me -- Let me go further. And following the board hearing last November, we took a hard look at the project, and we asked ourselves can we make some changes that -- you know, within the context of the board approval that was given, is there some way that we can change the project to -- to -- to deal with this. And so as Mr. -- And what we suggest is that we have a seven-acre commercial tract. Our PUD, like virtually every other PUD, contains no limitation as to the square footage of commercial that can be put in there, and I know that you've heard and I've heard that you can get 10,000 square feet an acre. Well, that isn't the case. You can easily get 15,000 or more. As much as if you want to go to a two-story design, you can get as much as 30,000 square feet, and these are reasonable designs. It's not exotic. It can well be done. So when we did this PUD, the traffic study that was submitted to the county at the time the PUD first went through simply used as a figure 100,000 square feet of commercial which is around 14,500 and some square feet per acre. And that plus the requested trip -- the requested residential would create a certain intensity of use based on trips per day. So what we went back and did and we said what if we reduce or -- I shouldn't say reduce because there is no limit on the commercial square footage. What if we voluntarily place in the PUD a limitation on the square footage of commercial that can be built such that the actual intensity expressed in terms of traffic generation would be the same or less than that which is currently approved because right now we can put 100,000 or more square feet of commercial on there and 626 residential units. And so we went through and had the traffic people look at the numbers, and by putting an 80,000 square foot limitation in there, we actually have a traffic generation that is less than that which is currently authorized. So I guess -- and, you know, we offer that in the spirit of trying to find a way to move forward with our development project, and we'd like to move forward expeditiously with this, and we're willing to live with this kind of a limitation. You know, that's basically our bottom line. We think that by approving -- by approving us for 800 units with a limitation on the square footage of commercial, you will have assured yourself a development of substantially less intensity than similarly situated developments. You will have assured yourself of a development that has less density even in the project next door to us, a limitation on commercial square footage which does not exist in the commercial areas of the developments around us. So you have achieved if -- You know, if -- if simply reducing intensities below what's allowed by the Comprehensive Plan is, in fact, a worthwhile goal, it would -- without admitting that that would necessarily be true, you -- at least you will have achieved that, and I guess we'd like you to consider that. It's -- It's an increase in residential, and it's a decrease in commercial, and it's a decrease in trip pressure. I'd like Mr. Fernandez to walk you through a few details of this if I could, and then, you know, we'll be happy to answer questions. CHAIRPERSON MATTHEWS: Commissioner Hancock, you had a question? COHMISSIONER HANCOCK: Yes. I'm sorry. I don't believe it's in this staff report because this is -- we've looked at this before, but what are the densities surrounding the property to the northeast and west, Mr. Nino? Are there any approved projects bordering this one? MR. NINO: Well, immediately across the street from this project, of course, you have the West Winds or at least known as the April Circle. That's a bad word. CHAIRPERSON MATTHEWS: Windsong. COHMISSIONER MAC'KIE: Windsong. MR. NINO: Windsong. The Windsong is about 12 dwelling units per acre. CHAIRPERSON MATTHEWS: That's affordable housing. MR. NINO: Affordable housing. Correct. COHMISSIONER HANCOCK: Okay. So we have 12 units per acre across the street. MR. NINO: And there isn't really anything immediately adjacent to the property on the east, west, and north. The closest we get is the Huntington PUD which we approved last year, sometime in the last year. I believe that was a 5.9 dwelling units per acre. COHMISSIONER CONSTANTINE: Six and a half, I think. MR. NINO: Six and a half? COHMISSIONER HANCOCK: So without -- without really coming to this board, the property on both the east and west can develop at four units an acre and be consistent with the Growth Management Plan; is that correct? MR. NINO: Commissioner Hancock, I don't know how many units the Regency Park PUD is approved for. I -- I -- I didn't look that issue up. COHMISSIONER MAC'KIE: It's on our -- isn't that -- MR. NINO: That's correct. MR. CUYLER: It's listed as part of the handout. If that's accurate, then it's six fif -- six eighty. COHMISSIONER HANCOCK: So at a density of 4.33 units per acre, Regency is next door, and on the other side we don't -- on the other side of what would be Livingston Road, there's not a particular PUD on that property? MR. NINO: No, we don't. COHMISSIONER HANCOCK: Okay. But, again, without requesting anything from this board, per our Growth Management Plan it could develop at four units an acre? MR. NINO: That is correct. That's correct. COHMISSIONER HANCOCK: Okay. Thank you. CHAIRPERSON MATTHEWS: Yes, sir. MR. FERNANDEZ: Michael Fernandez, planning director with Agnoli, Barber and Brundage. I would like to walk you through just a couple of points to put it on the record. First of all, the project enjoys convenient and safe access from the future Livingston Road via Immokalee Road consistent with Growth Management Plan's access management standards. Additionally, the project transportation commitments include appropriate turn lanes, traffic signalization, and arterial level lighting. The project is a proposed gated community, and its gatehouse location is internal to the site which assures no backup on Livingston Road. The project's impact on the affected adjoining roadways of Livingston and Immokalee Roads will not reduce the level of service. These impacts will be less than 5 percent of the roadway capacity. The Growth Management -- The project's location's within the urban designated area of the Growth Management Plan which is fully served by parks, recreational areas, schools, and other public facilities. The needs of this project are, therefore, anticipated by the service providers and mitigated by impact fees which are also anticipated by service providers. The project will cause no unusual burden on services. The project is within the density band and is consistent with the provisions of the Growth Management of -- Growth Management Plan. The density conceptually -- Well, I'll show you. We prepared three -- We prepared three graphics to look at the context of the project. Graphic one on your right here shows the PUD, Carlton Lakes in blue. You were asking about adjacencies. To the south of the project as part of the land area itself, there's a 100-foot canal easement and Immokalee Road. To the east, you have Regency Village PUD which calls for 170 acres of multi-family residential in the green areas. There's 30 acres of commercial in the southeast corner of the property. To the north, there's some overlap again of the Regency Village PUD. The other area is zoned agricultural with the potential to be rezoned up to seven units per acre, and it's generally wetland areas. Much as the Carlton Lakes PUD, the north part is wetland areas providing a good buffer. To the west, we have over 600 feet of county-owned property. There's 275 feet of Livingston right-of-way, and then there's FP and L easements and other county-owned property and utilities to the east. In the context of a one-mile radius of the site itself, Carlton Lakes here in blue again with the heavy outline, you're seeing the areas that are compatible. These colors represent a density range of two; blue being a range of two to four; green being upwards of that from four to six; yellow from six to eight, yellow area of Huntington, the affordable housing project you spoke of earlier and some other projects to the west. The gray areas are commercial. Red areas are ten-plus units per acre. The area beyond 600 feet to the west of the project is in a subdivision, and the zoning there is three units per acre. Areas that are in tan are ag at this time with the potential to be rezoned. This is a map of density potential relative to Growth Management Plan. Again, Carlton Lakes is shown in blue. The yellow areas show the areas that could be rezoned up to seven units per acre. The red areas are shown up to 16 units per acre. And the white areas are the roadways. And that's the context of that project. And if you have any questions, I'll be happy to address them. CHAIRPERSON MATTHEWS: Thank you. Commissioner Norris. COMMISSIONER NORRIS: Mr. Pickworth, I don't see a lot of difference between this request and the request that this board denied in November. Why in the world should we support this just because you bring it back five months later in essentially the same form? MR. PICKWORTH: Well, I guess there's two answers to that. One is there -- there -- there -- there is a difference in the sense that the request before you in November did not contain a limitation on the commercial square footage. So there is a difference. And, as I said before, in fact, the request we're asking for today is a less intense development than what you did approve in November. That's one thing that's changed. Okay. The second thing that's changed is clearly the board in its practice of dealing with zoning in these density band areas has -- has not applied the same density limitation strictures that have been applied here. I mean, I guess what I'm suggesting is we've got a little more history now. Things -- things -- What has changed? The board's position has clearly changed it would seem. COMMISSIONER NORRIS: Well, I can't agree with that. MR. PICKWORTH: Well -- COMMISSIONER NORRIS: This -- You have had this PUD approved twice in the past and -- and if it was acceptable to you on those approvals, it's acceptable to you now. What I'm seeing here is that -- is that because this request asks for more residential density with a commitment to lower commercial densities, someone has made the market assessment that the residential is ultimately going to be more valuable than the commercial in this case. That being so, if -- if -- if you want my support here, I think we're going to need to make some changes in this PUD. And if you want the residential density to go up from what you have been approved twice in the past, how about if we just eliminate commercial development all together? MR. PICKWORTH: Well, you know, that all sounds good, but I guess the problem with that is I would ask you the rhetorical question, why -- why is the price of doing that -- I mean, what is peculiar about this PUD that means it has to have -- Okay. I -- COMMISSIONER NORRIS: I have an answer for that. MR. PICKWORTH: Okay. Give me it. COMMISSIONER NORRIS: We've approved it for you twice. MR. PICKWORTH: Well, but -- COMMISSIONER NORRIS: That's what's the difference. This is not a new request. MR. PICKWORTH: But I guess my rejoinder to that is, you know, you have -- you have a Comprehensive Plan. You have a Land Development Code which says that this is what can be developed, and it gives a procedure by which someone can come in and request a land use action. I don't know if this is the answer you're looking for. I've never seen anywhere in any code something that says, gee, if you come in and we approve Development A, you can never come back and ask for Development B even though our -- even though our -- our regulations allow it, even though the guy next door who hasn't come in before can come in and have that. I mean, why would we even want that kind of a rule? COMMISSIONER NORRIS: Well, the point here to me is that on the original approval of this PUD, you got what you asked for. Now you've come back twice with the same request that doesn't -- You know, I don't see why you would expect this board to continually change its mind about your development. You asked for something. We granted it to you in the past, and now you want to change that, increasing density, and I just -- I am not seeing enough reason to change the board's original decision, and that's all I'm saying. CHAIRPERSON MATTHEWS: Commissioner Constantine. MR. PICKWORTH: I would like the opportunity to address that but I know --COMMISSIONER CONSTANTINE: Commissioner Norris, I've got a question for you, and that is, what difference does it make the number of times something comes back? The -- What we have to look at is the end result. Is the end result of what's being requested applicable, appropriate, in congruence with the neighboring properties or not. COMHISSIONER NORRIS: Okay. COMMISSIONER CONSTANTINE: If this was the first time through, if we had never seen this PUD before and someone came in and said, well, we know there's a density of 12 across the street, and we know there's a density of 6.5 just down the street, and we know there can be four on either side of us, just going straight through the process without even questioning us, and we'd like to put it at 3.4, I don't know why we would turn that down. And what I'm looking at is the end result, not if they had it at 2.8 or whatever it is currently. Just because we accept it once doesn't mean a change in heart or a change in market is not a good thing. You said, gee, if the market changes and it appears now residential may be the market instead of commercial -- I'm paraphrasing you. But if it is, so what? If the impact is no greater and if the density is still far below what they could have if it were new, all the neighboring properties, the end result is good. So I don't follow the logic, and maybe you can help me. COMHISSIONER NORRIS: Okay. Well, you've asked about three different questions. Let me see if I can go at it. First of all, you say if this was the first time that we've seen it, would we approve it, and that's a critical question because the first approval was based on the -- what is it -- 626 units. This Board of Commissioners -- and I understand that there's a couple of them that weren't here when this was first approved and maybe none of us were. I don't remember when this thing -- CHAIRPERSON MATTHEWS: It's '85. COMMISSIONER NORRIS: '85. So none of us were here. CHAIRPERSON MATTHEWS: '86, something like that. COMMISSIONER NORRIS: But who's to say at this point that the commissioners who voted in favor of that would have voted for it at this level. The other thing is -- The other thing that you asked is, well, what if -- you know, what if all the rest of them have certain densities, why won't this apply, or something to that effect. Tell me again exactly now how -- what it is. COMMISSIONER CONSTANTINE: Sure. And I guess the question before us is what does this board think is appropriate, not what does -- what did somebody in 1986 think appropriate. COMHISSIONER NORRIS: Okay. COMHISSIONER CONSTANTINE: But -- But my question was, if all the densities surrounding and those that can automatically be approved for the neighboring properties are all going to be higher than 3.4, what's the problem with 3.4. And the third question was, if the market changes from commercial to residential, so what? COMHISSIONER NORRIS: So what. Okay. All right. Your question relates to -- and, again, I'll paraphrase you -- why shouldn't someone come back over and over and over to get what they want. Well, the simple reason is that if you're going to do that and you're going to approve every request that somebody comes back with, why hear it at all? I mean, you've got to make a decision. Give them what they ask for if it's appropriate, and then that's it. Because if they want to come back five more months from now -- This is five months ago they came back. If they want to come back for 1,000 units, are we going to do that? If they want to come back for 1,500 units, are we going to do that? I mean, the point of bringing a PUD to the Board of County Commissioners is to get approval for what you want. Then do that. COMMISSIONER CONSTANTINE: One final comment and then I'll -- I'll let Commissioner Mac'Kie go ahead. But I guess the analogy I would use is, if I want to build a home and I go and get a $150,000 mortgage which I can -- I can't in real life -- but assume I can easily afford and I decide after the fact, wait, I want to add a swimming pool. I need to have a $170,000 mortgage instead. The bank looks at my income statement and whether or not I can afford a $170,000 mortgage. They don't say, gosh, you've already been approved for 150. Why are you coming back? They look at that individual thing, and I think that's what we need to do here, is not look at what was approved in 1985 or 1986. They're coming back and asking for a specific thing as our law allows, and we need to look at the merits of that individual thing, not the fact that they are coming back. COMHISSIONER NORRIS: Okay. And I'm glad you brought up that particular analogy because if you walk into the bank and ask for more money, they're going to ask for something different from you, and that will be either more collateral or some other guarantee that they're going to get their money back. In this case, that's exactly what I said. If you're going to ask for more residential, let's cut back the commercial even farther. CHAIRPERSON MATTHEWS: Commissioner Mac'Kie. COMMISSIONER NORRIS: Let's don't make this a one-sided deal. And the difference, of course, between this and you getting a mortgage for your house is that we're -- we're -- we're representing the entire public of Collier County, not just ourselves in this. CHAIRPERSON MATTHEWS: That's quite true. Commissioner Mac'Kie. COMHISSIONER MAC'KIE: I've been perplexed by this petition since -- since the last time it was here. I feel like if it were a brand new petition, they'd be gone as fast as Dwight Nadeau was out the door. We wouldn't even let them make their -- their presentation. "You're just here for questions. Great. Move approval." It would be in and out. I continue to wonder what is the magic about this jinxed piece of property, and I feel sort of like, you know -- I'm sorry. But my father's old way of child rearing was every now and then you just said no so that they know you can and this sort of -- it keeps coming in my mind. I can't see a good reason to say no to this. So, you know, I think we should treat it as a brand new application because that's what it is and, for God's sake, let's close this public hearing and vote and approve this thing. It's -- It's -- We're talking about property rights here, and they have a right. We've given them rights under our Comprehensive Plan and under our ordinances that allow them to come back and ask, and they're only seeking approval of what they're entitled to. So I'd like to vote on it. MR. PICKWORTH: If I can just make another point, I would just like to emphasize that you're correct. We're only asking for what your rules and regulations say we can ask for and have. In fact, we're asking for much less. We're -- I mean, the -- the -- the project was originally approved back in'87. To my knowledge, it went back one time in November with a request for a number of residential units which at that time was well within what your rules and regulations said it could be. And for whatever reason -- I was not involved at that time. I've read through the transcripts and it's -- it's not real clear to me why there was a problem with that. Since that time -- As I said, we have given you a -- if -- if -- if a reason is necessary -- and I agree with Commissioner Kie. There's -- Mac'Kie -- there's not. I mean, the rules and regulations don't say you only get so -- you know, you can't come back. When we give you something, you can never come back. You have the right to make an application. We have the right to have this board consider that, and we're only asking consider this. Don't -- You know, don't consider it in the light of because you asked before, you can't have anymore. I mean, you know, I don't -- I've never seen anything in any of your Land Development Codes that says there's some rule about that. You know, consider it in terms of, is what we're asking for reasonable under -- reasonable under the circumstances. As Commissioner Mac'Kie said, if this was unzoned property, you're right, we'd be out the door with the lowest density project around. CHAIRPERSON MATTHEWS: Commissioner Hancock. COMMISSIONER HANCOCK: One thing was mentioned such as a precedent. If we say yes to you, then we are opening the flood gate for every other project to come back in and say we want more. And I venture to say that in the past, as someone who has appeared before this commission before, the precedents were never set on how many times someone came, how many requests they made. The precedent was always set on what the resultant impact of a development was to the community. Was it in line with what was surrounding it. Was it compatible, seemed to be the big key. Was it asking for more than you would be entitled otherwise to have. The precedents were never repetitive appearances at this board. So I don't fear that. Some of my frustration does stem from being on the other side of the fence, that at times you're given a set of rules to play by and you act in a somewhat -- as I look at this petition, a somewhat conservative manner in coming well within those rules, and the only reason I have heard specifically about why those rules are no good right now is because you're asking for more, and I guess I just have a problem with us making the rules and then applying them what appears to me in differing levels for differing pieces of property. And I agree with Commissioner Mac'Kie. I keep looking for the why. You know, someone dropped the other shoe because I'm missing something here. And, you know, I apologize about my snap earlier about the moratorium but I also -- I felt the same frustration I did the last time I looked at this and just not understanding why because you were here once and you're here again, that has anything to do with the final end product, and it seems to me that's what this board should be concerned with. That being the case, unless the petitioner has anything else, I would like to make a motion to approve -- CHAIRPERSON MATTHEWS: I have to close the public hearing. COMMISSIONER HANCOCK: I'll withhold my motion until -- CHAIRPERSON MATTHEWS: Are there any public speakers? MR. NINO: MAy I -- MAdam Chairman, may I bring to your attention as a result of our recent amendments to the Land Development Code or actually will be the first reading, we've developed this concern about making sure we have time limits and when things are done. This petitioner has agreed to provide -- when requested by the county, the transportation dedications will be made, and I would ask you to acknowledge that as an amendment to the PUD. I also need to remind you that when I said -- I didn't mean to indicate that the base density of four units, Commissioner Hancock, was necessarily an entitlement. It's our-- It's staff's position that that leads up to four as well as does the additional bonus considerations. COMMISSIONER HANCOCK: I understood that it runs with zoning, but historically it's been difficult to turn down -- MR. NINO: Yes. COMMISSIONER HANCOCK: -- three and a half units in this area. CHAIRPERSON MATTHEWS: Before I close the public hearing, I'm -- I'm just going to comment on why I have felt the way that I have felt about this particular project in an increase in density from 626 units to 800 units, and Mr. Pickworth has been so kind as to give us this sheet of density band PUDs and so forth, and I note on here with the exception of Regency, every one of them was approved after Carlton Lakes, and every one of them probably in the course of being approved were approved with the knowledge that Carlton Lakes was 2.6, and that's why I'm having trouble with increasing a density in a pre-approved project. COMMISSIONER MAC'KIE: MAy I comment on that? CHAIRPERSON MATTHEWS: Yeah. COMMISSIONER MAC'KIE: Just that I -- My lawyer red flag just goes up when you say that, and Ken can give you advice on it, but I would be concerned if Property Owner A's property rights are diminished because of benefits given to Property Owner B. CHAIRPERSON MATTHEWS: I'm looking at the total circulation of traffic and just the general growth in the North Naples area. I mean, it -- the whole thing is -- COMMISSIONER MAC'KIE: But all of those -- All of those issues we're told have been measured and are below the standards we've adopted, and traffic even goes down with the proposal we have. I think that -- that maybe -- I mean, did I hear correctly that because of the agreement to reduce the commercial square footage, traffic counts indicate that we are, in fact, diminishing impacts if we approve this? And, you know, I -- I try when I come in here -- MR. PICKWORTH: That's correct. COMMISSIONER MAC'KIE: -- to take my lawyer hat off, but, you know, I -- I -- I feel like these people are entitled to what they're asking for. They're below the adopted standards. They're minimal and that when -- what they're telling us is -- And, in fact, Mr. Norris, they are, in fact, trading you something today. They're telling you they're not going to give up all the commercial, but they are willing to reduce the commercial square footage to the point that they can prove a reduction in traffic impacts, and I don't know what else, you know, we could want. It sounds to me like they have protected all of the concerns that we would simply have in the area. So even though we see, as you said, Commissioner Matthews, these -- you know, the analysis that, yes, when you -- when you voted to approve one of these at a density of, you know, four point something or six point something, you kind of weren't too worried about it because you knew that there was this low density one also in the neighborhood. They're telling you right now that the traffic impacts from the amendments are less than what you had in mind when you're contemplating these -- you know, these subsequent approvals. MR. PICKWORTH: Keep in mind further that whatever these densities were when Regency Village and this one first came through, back in 1989 we went through a massive comprehensive planning process, and we drew a blueprint for how things were going to be planned in this community, and we tagged density to proximity to -- Well, the planners could say this better than me -- but has to do with infrastructure and intersections and things like that and I -- Forgive me. It's not my bailiwick. But in -- in our wisdom we said that we are going to have density areas, if you will. We're -- Some areas are going to be eligible for higher densities than other areas based on those characteristics and -- and so whatever it was before -- The first time this petition came before you subsequent to your adopting a new set of rules on how density would be measured was when it came in last December when they asked for the 800 units, and the two projects you see above that again both come in subsequent to ours, both are density band projects eligible for the increased density as a result of being in the proximity to these activity centers, again just what the Comprehensive Plan says is supposed to happen in these areas. And so we have simply -- are asking that that same thing that's supposed to happen here happen to our property. COMMISSIONER NORRIS: Miss Chairman, we don't seem to be covering a lot of new ground. CHAIRPERSON MATTHEWS: Yeah. No, we aren't. Commissioner Hancock says he has one small question. COMMISSIONER HANCOCK: I have a new ground question. Mr. Pickworth, how recent and up to date is your environmental work on this site? MR. PICKWORTH: If I could ask Mr. Fernandez to answer that because he'd have more knowledge than I would on that. COMMISSIONER HANCOCK: Just knowing that there's a wetland system to the north, I'm just curious. Is your master plan -- does it take into account a very recent and up-to-date environmental study? MR. FERNANDEZ: Yes. Actually, the -- subsequent to the approval that we received, we went ahead forward and went ahead and applied for and had approve a preliminary subdivision plat which showed those areas not being touched in the north area. COMMISSIONER HANCOCK: But you've had a professional biologist or agency reviews -- MR. FERNANDEZ: Yes. COMMISSIONER HANCOCK: -- of these areas recently? MR. FERNANDEZ: Yes. COMHISSIONER HANCOCK: Thank you. CHAIRPERSON MATTHEWS: Commissioner Constantine. COMMISSIONER CONSTANTINE: Commissioner Matthews, you mentioned your concern was the other site approvals and -- CHAIRPERSON MATTHEWS: Well, I'm -- I'm -- COMMISSIONER CONSTANTINE: Let me finish my question. CHAIRPERSON MATTHEWS: Okay. COMMISSIONER CONSTANTINE: You mentioned your concern with the other site approvals and the impact this original plan may have had on those decisions. Aside from a legal question of whether or not it's appropriate as Commissioner Mac'Kie indicated, what then -- I'm looking for the reason then. If the impact -- impacts will actually decrease from the numbers we had used, that appears to take away that concern. I'm assuming from your affect right now there are other concerns as well, and I'm wondering what they may be. CHAIRPERSON MATTHEWS: No. That's -- I don't want to say that's the -- the -- you know, only concern that I have. I, like Commissioner Norris, am just simply concerned about PUDs repetitively coming back to the county commission asking for increases or -- or -- in -- in density, increases in commercial property, increases in anything like that. I -- I -- I kind of feel that when -- when this project came before this board, whoever was here in 1987, that they made their best shot. They said this is what's the most appropriate use for this property, and they gained approval based on that and -- and, you know, I -- MR. PICKWORTH: And based on what the Comprehensive Plan said at the time. CHAIRPERSON MATTHEWS: Excuse me, Mr. Pickworth. Let me finish. MR. PICKWORTH: I'm sorry but -- CHAIRPERSON MATTHEWS: And -- And I know the Comprehensive Plan has changed, and I know we've gone through zoning re-evaluations and all of that but I'm -- I'm just not understanding why we should be -- feel compelled at this point to increase the density here by 28 percent. COMHISSIONER CONSTANTINE: Well, if we don't think people should come back and be able to revisit those, which is in part what you said, then we should change our Land Development Code and we should change the Comprehensive Plan and not allow that. Right now the law allows people to come back and visit. So to use that as a reason, gosh, we shouldn't have people come back and ask to amend their PUDs is a bogus reason. CHAIRPERSON MATTHEWS: No. We have people come to -- come and ask to change their PUDs at various times, and almost without exception, almost without exception, it's minor, tweaky, not an increase in density of 28 percent. Commissioner Mac'Kie. COMHISSIONER MAC'KIE: I just -- I -- If you took that logic to its -- to its furthest extent, then whatever was the first zoning in 1900 -- You know, how far back are you going to go and say that that board -- those were the wisest ones, you know, those were the ones who knew what was right, and we're talking about people's property here, and markets change. If we don't allow -- Why would anybody ever come in with a PUD? Why not just go out there and develop what you can at the four units per acre? We want to encourage PUDs. They give us a chance to do a lot to the property, to have more restrictions and to regulate things that we don't generally regulate. I -- This is one of those I continue to be perplexed. I'm going to say this and then I'm going to stop. I find myself in a position of arguing for the developer, the property owner, whatever you want to call it. It's not my job to argue their case so I'm going to stop, but I feel like what I'm arguing is in defense of Collier County taxpayers who are going to be subject to liability if they don't -- For God's sake, if you guys are going to turn this down, put some findings on the record that are legally defensible. MR. PICKWORTH: Can I make one more comment? CHAIRPERSON MATTHEWS: Yes. MR. PICKWORTH: In response to what you said, Commissioner Matthews, you said, why should I feel compelled. Well, I hope you don't feel compelled, and it's not my purpose here today to make you feel compelled. My purpose here today is to try to convince you that -- forget all the legal mumbo jumbo and justice and right that this petition is asking for, that which is far less than your rules allowed. Let me ask you this hypothetical. If we give up our zoning and go back to agriculture and start all over again like we were never zoned and we come in asking for 3.4 units per acre, is that going to be a problem for anyone with -- with -- with -- with the densities all around it? I mean, why is that -- Is seven acres of commercial going to be a problem when there's far more commercial right across the street from us with no limitations? COHMISSIONER NORRIS: Unfortunately we don't have the -- the latitude to work hypotheticals here. MR. PICKWORTH: Well -- COHMISSIONER NORRIS: We have to deal in what's presented to us. MR. PICKWORTH: Okay. COHMISSIONER NORRIS: If you want to -- If you would like to go back and start all over, have -- MR. PICKWORTH: Well -- COHMISSIONER NORRIS: -- feel free to do so. MR. PICKWORTH: I -- I -- I appreciate that. COHMISSIONER NORRIS: In the meantime, Miss Chairman, if you would please move this along. CHAIRPERSON MATTHEWS: Yeah. Thank you. I -- COHMISSIONER NORRIS: I think we haven't covered any new ground for about a half an hour with the exception of Commissioner Hancock's environmental question, of course. CHAIRPERSON MATTHEWS: I -- I just have one more question, Mr. Nino, because I really need to qualify this in my mind. If -- If this project is approved or not approved, and I know you've gone through these pros and cons and they're -- they're -- they're all nicely stipulated out here, and I keep hearing something about diminished traffic, and I don't remember reading anything like that. MR. CUYLER: That's -- COHMISSIONER MAC'KIE: I haven't found it in the staff report either. MR. CUYLER: That reference -- CHAIRPERSON MATTHEWS: I don't remember reading it, so where is it? MR. CUYLER: That reference is to the 20 percent reduction in the commercial, I think. COHMISSIONER HAC'KIE: But it wasn't in our executive summary. MR. NINO: The proposal to reduce the amount of commercial and, consequently, traffic impact came after the staff report was completed and the Planning Commission's deliberations. MR. FERNANDEZ: Excuse me. Michael Fernandez again, for the record. On the executive summary, there's a statement there that there's a rough equivalency between the traffic impact of 20,000 square feet that's been reduced and 174 units that are being sought in addition to, and our calculations actually show that there's an actual reduction between the two. CHAIRPERSON MATTHEWS: So -- So I guess my point is I read the reduction related to the commercial property. I'm sure we all did, but I didn't read anything about an overall reduction -- COHMISSIONER MAC'KIE: Right. CHAIRPERSON MATTHEWS: -- which I was being led to believe -- COHMISSIONER MAC'KIE: Right. CHAIRPERSON MATTHEWS: -- and our staff hasn't made us aware of an overall reduction in traffic. COHMISSIONER MAC'KIE: It's -- MR. FERNANDEZ: Well, I thought that's what the executive summary was talking about, the number of units relative to the 20,000 square feet. COHMISSIONER MAC'KIE: They probably sent that to you. CHAIRPERSON MATTHEWS: It's a trade-off. COHMISSIONER MAC'KIE: Somebody tell us in plain language if -- if the number of square feet of commercial that you are reducing is equal to how many units of residential, and then how many units of residential are you asking to increase? COHMISSIONER NORRIS: please? COHMISSIONER MAC'KIE: COHMISSIONER NORRIS: CHAIRPERSON MATTHEWS: COHMISSIONER NORRIS: Hay I offer a point on that, Yes. I mean, I -- I don't mind. 100,000 square feet of -- Commissioner Norris. -- of office space, medical space is not going to be nearly as intense as 80,000 square feet of high volume retail or something to that effect. So to try to make a direct correlation is going to be a lot more difficult in the commercial side than in the residential side when you can -- when you can pretty much pinpoint the number of residents and, therefore, the number of cars per home. COHMISSIONER MAC'KIE: Okay. Do you have a response to that too? MR. BRUNDAGE: Yes. For the record, my name is Dan Brundage. I am president of Agnoli, Barber and Brundage and serving as engineer for the project. Basically the reduction of the 20,000 square feet of commercial area is roughly equivalent, slightly less than the increased traffic that would be anticipated from the additional units that we're requesting. COHMISSIONER MAC'KIE: So it's a wash? MR. BRUNDAGE: It's slightly less. Slightly less. COHMISSIONER MAC'KIE: I'm sorry. Is it slightly less traffic or slightly more traffic? MR. BRUNDAGE: Slightly less traffic is being proposed with the 20,000 square foot reduction in commercial area. MR. NINO: If I may address that comment because Commissioner Matthews raised it, it's staff's opinion that it's about a wash. CHAIRPERSON MATTHEWS: That's what I thought I was getting out of it. MR. NINO: And that's what the executive summary said. CHAIRPERSON MATTHEWS: If there's not any further discussion with the petitioner, I'm going to close the public hearing. Is there a discussion or a motion? COHMISSIONER CONSTANTINE: I'll make a motion we approve the item, and I'm going to suggest that those -- to protect ourselves in any potential litigation, anyone who opposed may want to record for the record a legally defensible reason as to why they're declining. COHMISSIONER MAC'KIE: Second. CHAIRPERSON MATTHEWS: We have a motion and a second. Is there further discussion on the item? There being -- Commissioner Norris. COHMISSIONER NORRIS: Mr. Cuyler -- MR. CUYLER: What was the -- I'm sorry. I missed the motion. CHAIRPERSON MATTHEWS: Motion to approve. COHMISSIONER CONSTANTINE: The motion was to approve the item. I just suggested as -- not as part of the motion. My suggestion was to make sure if someone is voting to turn this down, that they make clear their reasons therefore. MR. CUYLER: I'm sorry. Commissioner Norris. COHMISSIONER NORRIS: Mr. Cuyler, what are some of the reasons that we could use to have a no vote -- MR. CUYLER: Well, you know -- COHMISSIONER NORRIS: -- that are legally defensible, of course, that being your area of expertise? MR. CUYLER: Let me say this. This is a little bit of an unusual case. I'm probably a little more comfortable that the board can do what the board by a four-fifths vote or a failure to give a four-fifths vote decides to do. And the reason I say that is I probably would have been more concerned the last time this petition came up if the board had outright denied it, and a lot of the discussions that we've had would have caused me more concern in terms of potential overturning of the board's decision. The board didn't do that. The board granted a certain density. And Mr. Fernandez, if my recollection is correct, was at the podium, and the board said, do you accept this density. And I don't think Mr. Fernandez was particularly happy about it, but he turned around to his client and then got back at the podium and said, yes, we'll agree to that. So I think you have the ability to approve the request now if you want to, but I don't think you're mandated to do that. In other words, I think you have the ability to say -- and I think the case law would support you in saying -- that it's not an arbitrary or unreasonable decision to say that we are not required to change this. We, in fact, approved something that's a reasonable use. It's consistent with the Comprehensive Plan. So unlike a lot of situations, I think I can defend your decision either way you go in this. COHMISSIONER NORRIS: Thank you. CHAIRPERSON MATTHEWS: We have a motion and a second. MR. PICKWORTH: Madam Chairman, before you close -- CHAIRPERSON MATTHEWS: We've closed the public hearing. MR. PICKWORTH: Well -- Okay. Whether the public hearing is closed or not, I think -- you know, if there is going to be a vote to deny, then I would like to at least put a couple of things in the record also. CHAIRPERSON MATTHEWS: You had your opportunity to put all on the -- MR. PICKWORTH: Well -- CHAIRPERSON MATTHEWS: -- record that you needed to. MR. PICKWORTH: All I -- And I have effectively put this in the record. I have referred to a series of PUDs you have approved at higher densities, and I have the actual ordinances themselves here which I would like to be included. CHAIRPERSON MATTHEWS: Mr. -- MR. PICKWORTH: If you're telling me I can't include those on the record -- CHAIRPERSON MATTHEWS: Mr. Pickworth, your client agreed five months ago to the density. MR. PICKWORTH: Can I -- COHMISSIONER CONSTANTINE: Just take the vote. MR. PICKWORTH: Can we correct this? CHAIRPERSON MATTHEWS: Mr. -- MR. PICKWORTH: Excuse me, but I don't think that's the case. Wasn't that 6.6 what was allowed? COHMISSIONER CONSTANTINE: Mr. Pickworth, the public hearing is closed. You had an opportunity. If you didn't get it all in on behalf of your client, that's your fault. I'm with you on this One '- MR. PICKWORTH: Okay. Fine. Could I -- COMMISSIONER CONSTANTINE: -- but it appears the whole board isn't, and you had your opportunity. Okay? CHAIRPERSON MATTHEWS: Call the question. All those in favor please say aye. Opposed? Motion fails 3-2. Next item on the agenda. COHMISSIONER CONSTANTINE: Want to take a break? CHAIRPERSON MATTHEWS: Yeah. It's 3:30. Why don't we. Why don't we take a break -- it's 3:30 -- until quarter till 4:00. (A short break was held.) CONTINUATION OF ITEM #12C1 CHAIRPERSON MATTHEWS: To reconvene the Board of County Commission meeting for April 18, 1995. We're at item 12C(1) which is the resolution for the new -- new commission district. Mr. Perry. MR. PERRY: Thank you, Madam Chairman. CHAIRPERSON MATTHEWS: This is a continuation of the public hearing from earlier this morning. MR. PERRY: That's correct. This public hearing is -- Excuse me. For the record, my name is Jeff Perry. I'm chief planner of the county's Planning Services Department. This is a public hearing to consider adopting a resolution that will re-apportion the commission district boundaries to distribute the population among the commission districts as nearly equally as practicable. In 1991 the board adopted Resolution 91-740 establishing the new county commission district boundaries based upon the 1990 census. On December 13, 1994, the board directed staff to re-apportion the commission district boundaries to distribute the population as nearly equal as possible pursuant to section 124.01 of the Florida Statutes. The county staff has compiled and prepared the data necessary for the commission redistricting. The table in your executive summary details the changes as presented and endorsed for public review by the Board of County Commissioners in December. The county staff has held three advertised public meetings to provide the public with an opportunity to review the material and data and give the general public an opportunity to ask questions and provide their comments. The meetings were held on March 27 at the community center meeting room at the Immokalee Community Park, on March 28 at the Golden Gate Community Center, and March 30 here in the commission chambers. At the first meeting in Immokalee, there were three individuals in the audience. Joseph Matthews asked -- asked that the record reflect his recommendation that the Collier County public schools boundary -- school board boundaries parallel those proposed here by the county commission boundaries. Mr. Chuck Multee (phonetic) complimented staff on their work and commented that it was a very credible job. At the second meeting in Golden Gate, Mr. -- There was one attendant. Mr. Jack Pointer stated he was very pleased with the presentation, had no concerns regarding the proposed changes. At the third meeting here in the board chambers on March 30, Mr. John Randall, president of the Wyndemere Property Owners Association indicated that on March 27 he had forwarded a formal request to Commissioner Hancock that Wyndemere remain in district two. He indicated that 407 of the 566 residents are requesting to remain in the area, remain in district two. The reason, that the similarities to the residential area in district two and their failure to understand the substantial reasons for making the change other than balancing the population. As you know, we've obtained copies of the petition from the board office and have made them part of the official record. Mr. Henry Tribble asked the questions about the frequency of changes as far as how often changes to the district boundaries might be made. Mr. Tribble also asked what questions were asked at previous meetings and staff responded. In addition to the three public meetings, staff made two presentations, one to the Hispanic Affairs Advisory Board on March 23 and second to the Black -- Black Affairs Advisory Board on April 5. It was the consensus of the Hispanic Advisory Board of those in attendance that the new commission district boundaries were appropriate. At the conclusion of the presentation, the Black Affairs Advisory Board unanimously approved the proposed changes as being appropriate and positive. That concludes my presentation. Following any other public input or comment, the board should consider the adoption of the attached resolution which establishes the new county commission district boundaries, authorizes the County Attorney's Office to preclear the new district boundaries through the U.S. Department of Justice. I'll be glad to answer any questions or cover anything that we haven't already talked about or have talked about. CHAIRPERSON MATTHEWS: Commissioner Hancock. COMMISSIONER HANCOCK: Mr. Perry, particular to district two which does a little meander around district four, with the future population projections, assuming that we will be successful today and Wyndemere will remain in district two, future population projections show the northern part of my district becoming more and more populated. Do you anticipate over time, over five, ten, fifteen years, that the southeast portion of district two will basically dissolve and will be incorporated into other districts? I guess I'm looking at district two and I think the migration of that district is in a northern pattern, to be more dense in the north, thus the changes that are going into district four at this time. Is that appropriate? MR. PERRY: Yes, it is. The district four has common boundaries with two, three, and one, does -- obviously does not have a common boundary with district five. So as district four needs a greater share -- a larger and larger share of the countywide total every time we go through this exercise, it has to get its population from its neighboring districts which means district four has to get part of district two and moves out into district three and it moves down into district one, either, you know, little bits at a time or taking a lot from one district and leaving the others alone. What we've done here in this case is that there's been -- because district two has far exceeded the other districts in population growth in 1994, there's about 9,000 more in district two than in district four. There's a larger chunk of district two coming off and going in district four. There was some coming out of district three and going to district four, district one going into district four, and then the others were simply to balance the population to kind of make that adjustment. So I think you're correct. As -- As -- As district two continues to be populated as well as three and one, there will be more and more need to expand the district four boundaries to continually incorporate more of those areas. Unfortunately the areas that are being picked up do not have a lot of growth potential. In other words, there's not going to be a whole lot of new units in this particular area. So we're adding -- While we're balancing the population in '94, we're not adding a whole lot of areas to Commissioner Hac'Kie's district that is -- that is going to allow her population district -- district in her population to continue to grow at the same rate as the other districts. So they will continue to be in balance after the 19 -- after the year 2000. COHMISSIONER HANCOCK: The reason I asked -- I'm sorry. Just a quick -- The reason I asked is that obviously as I stated before, Wyndemere's being kind of notched out whereas this other southern portion of my district -- it just stands to reason unfortunately logically something has got to give, and that is the most logical location. As much as I'd like to keep everyone I have right now, that's going to have to migrate northward. I don't see any other way, and that was the purpose of my question, and thank you for the answer. MR. PERRY: Yeah. CHAIRPERSON MATTHEWS: Commissioner Hac'Kie. COHMISSIONER MAC'KIE: Mine -- Hine's related. Since we -- This is a painful process for people to go through, and I think it's particularly painful this close to having just elected a commissioner whom they know and have vested some trust in. Since it's painful, why are we only doing what's necessary to meet 1994 standards? Why aren't we, for example, drawing a line across Pine Ridge Road and connecting -- you know, cutting off that little straggling portion? CHAIRPERSON MATTHEWS: He lives south of Pine Ridge. COMMISSIONER HANCOCK: Because I live south of Pine Ridge. COMMISSIONER MAC'KIE: I mean, drawing a line and a little circle. Is that -- I mean, are there other reasons besides this? MR. PERRY: Well, the basic requirement is we would balance -- we would balance the 1994 population. We could, in fact, project and draw boundaries that might put us closer to home in the year 2000, but the requirement is that we balance to today's population, so that we tried to make as few adjustments as possible to accommodate that goal without making wholesale changes. MR. CUYLER: I think, Commissioner Mac'Kie, that the legal requirement is as nearly practical as possible. The statute doesn't contemplate two things. One is trying to adjust a good deal into the future. And, secondly, it really doesn't contemplate a county that grows as fast as we do. I mean, if you had one of the panhandle counties, you might not have to change your boundaries, you know, once every 15 years or something. It's really the result of the growth. COMMISSIONER MAC'KIE: What I'd like to see happen is -- is if there's a way to avoid people having -- For example, if we adopt what you have proposed here, three years, four years from now when -- when the people in the balance of district two have re-elected Mr. Hancock and really want him to remain a commissioner forever, at that point are we going to take him away? Are we anticipating so that people don't have to go through this painful process in a post-election year is what my question is. MR. PERRY: Well, the statutes require that it be done in odd numbered years so that you're not -- COMMISSIONER MAC'KIE: I know. MR. PERRY: -- doing it during an election year. COMMISSIONER MAC'KIE: So why not do more this year so that after the next post-election year you don't have to do what we're doing this year which is jerking the rug out from under people. COMMISSIONER CONSTANTINE: The fact is every odd year is a post-election year. COMMISSIONER MAC'KIE: But not in district two. COMMISSIONER CONSTANTINE: No. But we're changing more than just district two. COMMISSIONER MAC'KIE: Right. COMMISSIONER CONSTANTINE: One thing -- COMMISSIONER MAC'KIE: And my question is only about district two though. Why not draw that line? COMMISSIONER CONSTANTINE: One thing, I do want to compliment staff. You pointed out you're trying to make as minor changes as possible, and I think the job you have done here in trying to balance an extra essentially seven or 8,000 people per district since four years ago is great because I know with the changes you mentioned this morning how much yours changed in 1991, and I know district three ran from Rattlesnake Hammock to Green Boulevard, and I ran into the same thing. You had everything north of Green, Vineyards, Leisure Park, all those people who were not aware for a while that they were in district three. So I think this is certainly a much cleaner change than we had last time around. That was, indeed, wholesale changes last time. So I think they're coming much closer to the effort you're asking for. MR. PERRY: We would expect -- We would not expect to be doing this again until after the year 2000 census, that we've gone since 1991 to almost 1996 that I would suspect that we would probably look to these boundaries being in place, but we'll do it as often as the commission directs us to do it in odd number of years. It's at the board's direction to try to correct this imbalance that is created -- that is created simply by the virtue of where the growth happens tO Occur. COMHISSIONER MAC'KIE: That -- That makes -- makes-- That really satisfies my concern, that I didn't want the year after Commissioner Hancock is re-elected, for more people to have to go through this trauma that we're proposing. COMMISSIONER CONSTANTINE: Is that the same year you're going to be re-elected, Commissioner Mac'Kie? COMHISSIONER MAC'KIE: No, sir. COMHISSIONER HANCOCK: She'll be my campaign manager. COMHISSIONER MAC'KIE: That's right. I'll be working for him. MR. CUYLER: Yeah. We would -- We would be looking at two thou -- We would be looking at 2001 as probably the earliest date, if not 2003. CHAIRPERSON MATTHEWS: So you're looking at these being good for six years. COMMISSIONER HANCOCK: Because there is -- They are creating that swing, Commissioner Mac'Kie. There will be a difference between your district and Commissioner Matthews of 2,000 people because the growth is anticipated in Commith -- Commissioner Masthew -- in her district. CHAIRPERSON MATTHEWS: We're all tongue-tied today. COMMISSIONER HANCOCK: So they are -- They are doing that. I think it's a point worth noting. MR. PERRY: If we can just provide for your information -- I believe you received this, distributed to you perhaps prior to the meeting today -- the supplemental data. This is the material we provided to all of those participants that showed up at the meetings and was in the advisory board agenda packages. It does have the methodology we use to come up with the population numbers and also shows the district changes as well as the racial and ethnic mix as a result of those changes. CHAIRPERSON MATTHEWS: Okay. Are there further questions for Mr. Perry? Mr. Dotrill, are there public speakers? MR. DORRILL: Mr. Randall was registered. Again, I don't know whether he -- I think he's indicating no. He's the only one. CHAIRPERSON MATTHEWS: Okay. COMHISSIONER CONSTANTINE: Close the public hearing. CHAIRPERSON MATTHEWS: I will close the public hearing. Is there a discussion or a motion? Commissioner Constantine. COMHISSIONER CONSTANTINE: I'll make a motion. I think it's a foregone conclusion we all seem to be in agreement on Wyndemere, keeping that in district two, and we had a brief discussion this morning. I'd like to see North Road, Brookside area not move either and -- which is the one, two, three, four, fifth, next to the bottom, second from the bottom. COMHISSIONER MAC'KIE: Area two. COMMISSIONER NORRIS: Area two on that map? COMHISSIONER CONSTANTINE: Yeah. COMHISSIONER MAC'KIE: Area two. I -- I -- I'd oppose that. CHAIRPERSON MATTHEWS: Yeah. COHHISSIONER MAC'KIE: I mean, I support the Wyndemere change, but I'd like to go ahead and do what we can to district four to allow it to -- CHAIRPERSON MATTHEWS: I agree. COHMISSIONER CONSTANTINE: Because, actually, the thing -- and I -- I apologize. I forgot Jeff's comment this morning on that. Those were the two I had made. But considering the growth that will likely occur, I'll change that and just go with option one on here. Wyndemere. CHAIRPERSON MATTHEWS: Wyndemere. Good. COHMISSIONER CONSTANTINE: And I apologize, Jeff. I forgot. You mentioned that this morning. CHAIRPERSON MATTHEWS: Yeah. I -- I -- COHMISSIONER CONSTANTINE: I'll make a motion we do exactly that, just do not move Wyndemere. Other than that, go with that which has been laid out by Mr. Perry. COHMISSIONER NORRIS: I'll second. COHMISSIONER MAC'KIE: I'll second. We'll all second. Unanimous second. CHAIRPERSON MATTHEWS: We have a motion and we have at least four seconds, so I guess that tells you where it's going to go. MR. CUYLER: And, Madam Chairman, you will be adopting the resolution that is in your agenda package as an attachment as part of this, and that will be adjusted to reflect what your motion is. CHAIRPERSON MATTHEWS: So we're going to be adopting the resolution subject to the change we've just talked about that would not be included. MR. CUYLER: Correct. CHAIRPERSON MATTHEWS: Wyndemere will not be moved from two to three. If there's no further discussion, I'll call the question. All those in favor please say aye. Opposed? There being none, motion passes 5-0. MR. PERRY: Thank you. Item #13A1 PETITION PR-95-1, DONALD A. PICKWORTH, P.A., REPRESENTING THE GOLDEN GATE INN & COUNTRY CLUB FOR THE PURPOSE OF OBTAINING APPROVAL TO RESERVE REQUIRED PARKING PURSUANT TO PROVISIONS IN THE LAND DEVELOPMENT CODE - CONTINUED TO 5/2/95 CHAIRPERSON MATTHEWS: Next item on the agenda, it's item 13A(1), PR-95-1. Mr. Pickworth. COHMISSIONER CONSTANTINE: Hi, Don. COHMISSIONER HANCOCK: Are we still talking? MR. PICKWORTH: I feel like I'm working here. COHMISSIONER MAC'KIE: You are. CHAIRPERSON MATTHEWS: Before we get started on this, this is a request, I believe -- at least I received a letter that indicated it was a variance. Mr. Cuyler, I forwarded that letter on to you. Is this a variance request? MR. CUYLER: This is not a variance. I think Mr. Nino as part of his discussion, if he's doing this, will tell you that this is not a pure variance in the sense of your variance criteria. This is a reserved parking agreement for parking spaces which I think the petitioner agrees he needs to put in. CHAIRPERSON MATTHEWS: Is this considered quasi-judicial then? MR. CUYLER: It is -- CHAIRPERSON MATTHEWS: It is. MR. CUYLER: -- considered quasi-judicial, yes. CHAIRPERSON MATTHEWS: Okay. Then I -- MR. CUYLER: It falls within that area where I probably can't find that anywhere. But, in my opinion, yes, it is. CHAIRPERSON MATTHEWS: I need to make a statement then that I did receive a letter from someone. I don't even recall the person's name now. And as soon as I realized it was quasi-judicial in content, I forwarded it to Mr. Cuyler's office. MR. CUYLER: That was a letter from Mr. Boyle who I believe still owns the restaurant right in the area that we're talking about. I'll make sure that that goes into the record. CHAIRPERSON MATTHEWS: Okay. Commissioner Constantine. COHMISSIONER CONSTANTINE: For the record, if we're talking about quasi-judicial, I've had at least two -- I've had three conversations, actually, I think with all parties involved on this, and I've also received correspondence from at least two parties involved in this; however, I have certainly not tainted my ability to make a decision based on that which is presented to us today. CHAIRPERSON MATTHEWS: Commissioner Hancock. COHMISSIONER HANCOCK: Regarding the quasi-judicial matter, I under my former employment was involved in a shared parking agreement that was executed for this parcel. Other than that, just providing me with some knowledge -- Mr. Pickworth, if you would allude to that parking agreement in your presentation or if staff would. Other than that, I don't think there would be any conflict. MR. PICKWORTH: The '89 agreement? Is that the one you're talking about? COHMISSIONER HANCOCK: It wouldn't be '89. CHAIRPERSON MATTHEWS: He's not that old. COHMISSIONER MAC'KIE: He was in school then. COMHISSIONER CONSTANTINE: Graduating high school; right? COMHISSIONER HANCOCK: I was on my fifth year of my four-year degree. Thank you. I -- Maybe I'm mistaken. Maybe we didn't get all the way to a shared parking agreement. I just remember doing a significant amount of work and research on some form of a shared parking agreement. If we didn't get it, the Court had -- It -- It came before this board for some action and I -- I guess if it's -- if you're unaware of it, I -- I must be mistaken. COMMISSIONER CONSTANTINE: That might have been -- It seems to me when I was on Code Enforcement Board we had a couple of things with this property too which I hope don't taint me in any way, but I don't know if that work -- That may have been the work that came before us. COMHISSIONER HANCOCK: I guess I'll just ask staff. Do we have a shared parking agreement executed for this property? MR. NINO: No, we don't. COMMISSIONER HANCOCK: Never mind. MR. CUYLER: And I will point out, for the record, that I'm not even sure this type of agreement is on your list of things to watch out for for quasi-judicial items so -- you know. CHAIRPERSON MATTHEWS: All right. Do you have a comment, Commissioner Norris? COMHISSIONER NORRIS: Yeah. It's beginning to sound like with all these disclaimers, we're not going to have enough people to vote on this item. CHAIRPERSON MATTHEWS: I don't think I've heard anybody exempt themselves yet. MR. CUYLER: Everybody will be voting. COMHISSIONER NORRIS: Okay. MR. CUYLER: I think that the representations were that COMHISSIONER NORRIS: I feel much better. MR. CUYLER: -- everyone's impartial. CHAIRPERSON MATTHEWS: Okay. Mr. Nino, I understand that there may be several different sides to the story, and if you would walk us through very cautiously and slowly -- MR. NINO: I'll try. CHAIRPERSON MATTHEWS: -- and we can try to understand it better. MR. NINO: Again, Ron -- Ron Nino, for the record, from Development Services. You're correct. There is a long history with respect to this property, and it culminated in a stipulated agreement in 1989 which agreement set the number of parking spaces that are required exclusively for use by the Golden Gate Inn and Country Club, and that number of parking spaces was set at 294 spaces. The -- There were physically 177 spaces in place at the time the agreement was struck. The petitioner as a result of the '89 agreement responded and constructed what they thought were 117 spaces. Actually, they constructed 122 spaces. They no sooner constructed the 122 spaces and -- and they decided to use part of those spaces for a tennis court. That reduced by 44 the number of spaces they responded to in terms of -- in terms of the agreement. They then -- They then found out that COMHISSIONER CONSTANTINE: It must be tough hitting all those balls out of bounds. MR. NINO: They then found out that 26 of the spaces were really not on their property. They were part of the condominium development. This area in here was really part of the condominium development and another area over here. And then the Florida Power and Light went and put a substation on another part of the parking spaces that were applied to meet the total of 294. The end result of it all is that of the 122 spaces, it got diminished by 46, leaving them still with a deficiency of 71 spaces from the agreement, the stipulated agreement of '89. The petitioners -- Yes? COHMISSIONER CONSTANTINE: 1989, that agreement was between what parties? MR. NINO: The agreement was between the county and I -- Mr. Robert Boise -- Boise -- Boisesano, Mary Boisesano, and Collier County. (phonetic) COHMISSIONER CONSTANTINE: So it was between the Golden Gate Inn, Quality Inn, and Collier County. MR. NINO: Golden Gate Inn and Collier County. Correct. MR. CUYLER: There's -- Ron, if I could break in, there's some history to that, but I'm not going to go through it because I know you don't want to listen to it, but we don't usually have those kind of agreements, but it was to cure a problem back then. MR. NINO: And I think I alluded to that in the staff report, followed some litigation, civil action. The upshot, they were short by 71 spaces. The developers -- The owner of this property is now saying -- basically saying, look it, I acknowledge that I'm short by 71 spaces; however, in the real world that parking lot is never filled. I don't need that many -- those -- that many spaces, and remind us that the Land Development Code provides that where a developer can show that the requirements of the Land Development Code in terms of parking are actually excessive to their needs, they have the opportunity to come to you and ask that you put those parking spaces in reserve which is basically a statement that says if at any time in the future anybody determines that the parking lot is not functioning well or it's functioning over capacity, we have the ability to turn around and say, look it, folks, you need to construct those reserve parking spaces. So that's what this petition is all about. The petitioner is saying, I really don't need those spaces, but I acknowledge that I -- that they're part of the Land Development Code requirements, and I'm prepared to designate an area on the property that I own meeting that requirement, and they have responded. And I don't know where the figure 88 comes from. Maybe -- Mr. Pickworth was never really able to describe it to me. But, in any event, their response is even though they're required to give us 71 spaces, they're prepared to put 88 spaces in reserve, and that's iljustrated on a map in your package. The location of the reserve area you will see -- you'll note is to the -- is in the area of the 18th and the 10th -- 18th green and the 10th tee or to the southwest -- to the west and south of the current motel. This petition was heard by the Planning Commission. There really wasn't any objection voiced in the Planning Commission, but there was some -- I would say misunderstanding on the part of the representatives of the condominium association. They somehow or other construed this application to be an application that would actually have some parking -- some additional parking spaces created, and their argument was we don't want any more cars coming in here. It's noisy enough basically. So it was really -- They weren't really objecting to it. They were -- They were -- They simply didn't understand what the variance request was all about. I've received a call -- a call from a Mr. Mitchell who I believe is represented today, and he has some concerns about -- about the -- an issue that I think is unrelated to the petition. Other than that, the -- the Planning Commission unanimously recommended approval of this petition to you to place into reservation 88 spaces pursuant to the agreement that we have developed as a part of the resolution of adoption, the reservation agreement. Do you have any questions you'd like to ask? CHAIRPERSON MATTHEWS: Questions for staff? Commissioner Constantine, I hope you can clear this up because I'm thoroughly confused. COHMISSIONER CONSTANTINE: Mr. Nino -- CHAIRPERSON MATTHEWS: We started out with 294 spaces and somehow got 122. We only needed 117 and we gave away 44. MR. NINO: They owed -- They owed us 294. There were 177 there. They, therefore, were short by 117. They built 122 and immediately diminished the effect of the 122 by a mistake in action by putting some of that parking in the wrong place, by the effect of developing -- putting tennis courts on part of it, and then part the Florida Power and Light. That took away 46 spaces from the 122 that brought -- that initially brought it up to the 294. CHAIRPERSON MATTHEWS: Okay. MR. NINO: They're still short 71 spaces. CHAIRPERSON MATTHEWS: I think I follow it now. COHMISSIONER CONSTANTINE: The 1989 agreement called for a total of 294 spaces; is that correct? MR. NINO: Correct. COHMISSIONER CONSTANTINE: On what formula did we come across 294? Was that based on the number of hotel rooms, on the restaurant seats, on the convention facilities, on the outside tavern, on -- What was that based on? MR. NINO: I have not been able to determine how that 294 figure was arrived at. Perhaps Mr. Cuyler can respond to that. COHMISSIONER MAC'KIE: When -- When -- When was the 294 -- Forgive me, but when was it? CHAIRPERSON MATTHEWS: '89. COHMISSIONER CONSTANTINE: 1989; is that right? MR. NINO: 1989 agreement. COHMISSIONER MAC'KIE: So what -- The regulations of six years ago don't show -- COHMISSIONER CONSTANTINE: That's what I'm asking, is -- MR. CUYLER: That was -- That was how it was arrived at. An issue came up about the parking, whether enough parking had been planned as part of the construction of the hotel. I called Building and Zoning at that time, and there was a controversy as to whether they had enough parking. I said, tell me what the appropriate parking is, and the 294 is as a result of what I got from Building and Zoning as to the appropriate figure based on the uses. Now, there's going to be some allegations, I think, today that there's some additional uses that weren't there at the time. COHMISSIONER CONSTANTINE: That's -- That's my next question, is 1989 when -- and maybe Kevin or someone back there can help me with this. But is 1989 when the renovation and the additional building were built? MR. DURKIN: '88, '89. COHMISSIONER CONSTANTINE: '88 -- The record reflects Mr. Durkin says '88, '89. That's what I'm -- I'm trying to figure out is -- I'm assuming it's -- this number was based on hotel rooms with the new -- what was then new renovations and additions, and I don't know if that takes into consideration -- Does a place that has convention facilities, does a place that has a hotel that has convention facilities or has restaurant facilities or bar facilities or whatever, additional things, are they figured differently than, say, a Hotel Six or a Super Eight? MR. CUYLER: I -- I -- MR. NINO: Unfortunately I don't have a copy of the Land Development Code with me. MR. CUYLER: The general answer is yes. There is additional parking that's required. MR. HULHERE: Yes. It's based on the square footage of the convention space. I don't -- I can get a copy of the code and get that specifically to you just in a couple of minutes. But, yes, they are required to provide additional parking for convention space, for retail uses, for restaurants. I mean, any accessory use beyond the rooms themselves they would be required, and it's a lower percentage than would normally be required for that use. COHMISSIONER CONSTANTINE: Do we know if in 1989 the chickee hut was in existence in its current form? MR. NINO: I -- No, we don't. COHMISSIONER HANCOCK: According to our code, there are certain bar facilities allowed as ancillary as long as the square footage does not exceed a certain amount. COHMISSIONER CONSTANTINE: That's what I'm wondering because it's -- COHMISSIONER HANCOCK: Yeah. Now I'm remembering exactly what I did on this. I was supposed to come up with more parking on site than they could get on their existing plan. That was what my job was, and they didn't like my answer so it never came to the board. I'm sorry. Go ahead. I just wanted to point out then -- I'm sure Bob Felix of the code will find that -- in fact, this -- this is unique in that it has so many uses on one parcel that there is kind of an overlay, that someone who uses the golf course may also be staying in a room and eating at the restaurant, and there's what's called a capture rate of people that -- that use the site. COHMISSIONER CONSTANTINE: And that's where I'm trying to lead with this is -- is there are so many facilities there. The golf course is open to the public. You're going to get some people in. I've got to assume the majority of those, particularly this time of year, are indeed hotel guests, but you'll have some public come. I'm trying to figure out what our formula is, and where I was going with the bar is with square footage with -- was that included at that time; if not, why not, and I'm just trying to -- MR. NINO: With all respect to your concern, Commissioner, I -- you know, staff's position is that the '89 agreement was an informed decision-making -- it went through some informed decision-making process. Two hundred ninety-four spaces were determined to be the number of spaces for the uses that were there. COHMISSIONER CONSTANTINE: Mr. Nino, I'm sure it was an informed decision in 1989; however, if -- and I don't know if this is the case, but if the chickee hut was built in 1990, then it was informed in '89, but the picture may have changed since that time. MR. NINO: I was getting to that. There has never been any citations that we know of that would indicate that anything was added to the development. We have to assume that the 294 spaces reflects the requirement for what's there today. So with all respect, the requirements in the code -- COMMISSIONER CONSTANTINE: Maybe you have to assume that but -- COHMISSIONER HAC'KIE: We don't. COHMISSIONER CONSTANTINE: With a little leap, I need help. Take it. MR. HULHERE: I would also like to state there were some preliminary discussions between Mr. Pickworth and myself prior to this petition actually being submitted. You know, it was suggested by myself that we look at all of those uses and that we take a look at what today's parking requires and we see how the parking that exists compares to what's required. If that hasn't happened, it's not as a result of not being asked for. COHMISSIONER CONSTANTINE: Has anybody done that? Has our staff done that? Mr. Pickworth, have you done that? MR. HULHERE: I think what we assumed -- In talking to Mr. Pickworth, we assumed that the settlement agreement took precedence. Am I correct? That was the assumption, that the settlement agreement took precedence. MR. PICKWORTH: Yeah. The -- The -- What was shown on the plans at the time -- and I was not involved in that, so you probably know more about this than I do. I was not involved at the time, but I am informed by the representatives of the resort that everything that -- that the time that agreement was done, all the things, the chickee hut and everything else was shown on the plans, so I assumed that when they counted the parking -- Now, the chickee hut may not have been actually built until later, but it was on the plans that were there at the time. So I'm assuming that when the -- when the number of exclusive spaces was determined, it took that into account. COHMISSIONER CONSTANTINE: Let me just interrupt for a second. This does not -- This is not rocket science. It seems to me we can look at what's there now and what I assume was on the plan then which should be the -- those two should be the same thing, and we should be able to look at what the code was in 1989 and see if -- and Mr. Nino is taking the leap that we did indeed cover that. But just for the sake -- because I know this has dragged on forever. For the sake of our edification, I would think that would be a very simple formula to plug in and see do those numbers match or don't they. COHMISSIONER HAC'KIE: Right. COHMISSIONER CONSTANTINE: If they do, we've got a match. If they don't, whoops, we've got a problem. But rather than sit here and go through all the details -- well, it might have been; well, so and so says we had this in -- why don't we just look? COHMISSIONER HAC'KIE: Basic questions. MR. HULHERE: The only -- The only -- The only thing that I would say from staff's point of view as far as we were concerned whether or not -- and maybe we were incorrect -- But whether or not the number of parking spaces compares to what either today's code or the old code required, we were under the impression that there was a settlement agreement and that we as staff cannot alter that settlement agreement, that it called for 294 parking spaces, and that's what they had to provide. The only way they can get around not providing that would be to come to the board and ask for parking reservations. So we really didn't look at how it compared to what today would require or what was required in 1989 and that's -- that's all I'm trying to make you understand, is from our point of view we didn't feel as though we could go in and change the settlement agreement. CHAIRPERSON MATTHEWS: Got you. Commissioner Hancock. COMMISSIONER HANCOCK: If the petitioner were to make any additions to existing buildings, a complete, full, and total parking review would have to be performed; is that correct? MR. MULHERE: That's correct. COMMISSIONER HANCOCK: Okay. When was the newest motel section built, what year? The -- There was an old -- an old portion. MR. DURKIN: '89. COHMISSIONER HANCOCK: Okay. Built in '89. Obviously the stipulated agreement occurred because of that addition; is that correct? MR. DURKIN: That's correct. COHMISSIONER HANCOCK: Okay. I kind of see what's happening here and that no one can agree on -- there's no need to go back to point zero if that had already been done but I -- I can tell you that -- COHMISSIONER CONSTANTINE: Extra facilities. COHMISSIONER HANCOCK: I can tell you as any addition occurs, a full review will have to be done then, and my question now looks at two things. First of all, we have tennis courts on top of parking. If someone determines that parking is needed, what happens first? Do we remove the tennis courts first or do we construct a new -- do we construct new areas or is that up to the -- MR. NINO: It would be up to them. They have the -- They have the option of removing the tennis courts -- COHMISSIONER HANCOCK: Okay. MR. NINO: -- and -- and -- and supplementing whatever we feel the -- If we feel the entire 71 spaces are required, they have the option of leaving the tennis courts there and building 71 spaces or taking the tennis courts off and they've already got 46 spaces there and supplementing them with another 25 spaces -- COHMISSIONER HANCOCK: My second -- MR. NINO: -- as a reserved area. COHMISSIONER HANCOCK: My second question is, just on my review, these parking spaces that are shown don't appear to meet code. You're supposed to have a landscaped island every ten spaces. That's not shown. In addition, the number of 88, if you put those islands in where they're supposed to go, will be reduced. MR. NINO: Commissioner, are you talking about the reserve spaces? COHMISSIONER HANCOCK: Yes. MR. NINO: Because we don't -- we don't construe that to be a site-specific plan, simply a generalized area. COHMISSIONER HANCOCK: The reason -- MR. NINO: They would come in with an SDP for that and that SDP -- we would ensure that those spaces are designed according to code. COHMISSIONER HANCOCK: No question, but we're going to get a number here such as 88, and if what is shown says 88 and 88 physically can't be done on what is shown -- MR. NINO: Then they will expand the area. COHMISSIONER HANCOCK: I'm just saying there's a potential for discrepancy down the road, and if I were drawing these in, I'd draw them into code, and I just want to make sure that that count is correct, and what I see is correct is a reduction in eight spaces due to the requirement of islands. In addition, reduction of additional four spaces due to the access to the reserve parking area. That would eliminate four spaces just to be able to access it. I just want to make sure if we're going to agree to a number today, that the number we agree to matches what physically can be done on this site plan so that down the road we don't have another board saying where did 88 come from or why can't we get it. I just want to make sure it all matches. MR. PICKWORTH: We have -- I mean, as you'll see in a minute when we point out on the diagram, on the photo where this is, we have -- it was drawn that way, but clearly if it became necessary to pave it, we are required under the agreement to go the farthest, to put in all the islands. There is almost unlimited amount of room for this. There's no problem with -- with creating whatever number is necessary. COHMISSIONER HANCOCK: No question, Mr. Pickworth, and I understand that fully. I just don't want a numbers problem if this comes back. MR. PICKWORTH: I agree. And if -- if the -- if the -- if the agreement needs to say that we'll put all the islands in, I assume we'd have to do that in any event, but if we need to say that, we'll say it. There's no problem with that. COHMISSIONER HANCOCK: It's just that 88 is incorrect as what is shown. You can't get 88 per what's shown, so I want the number to gel with what's shown here on this plan. MR. PICKWORTH: We would expand the area big enough so that it will easily accommodate it. CHAIRPERSON MATTHEWS: Thank you. Commissioner Norris. COHMISSIONER NORRIS: Well, I think we all understand how we got to where we are right now. CHAIRPERSON MATTHEWS: Yeah. COHMISSIONER NORRIS: The -- It seems to me that what we need to do is decide whether we're going to approve this as the Planning Commission suggested or make some alteration. I think that's -- that's where we ought to go right now. As far as I'm concerned, this is a development. Of course, it's been in place for -- since the '50s; is that right? MR. PICKWORTH: Uh-huh. COHMISSIONER NORRIS: And, you know, they do have some physical constraints to them, and whether or not the -- the'89 agreement was lived up to completely to the letter, at this point I guess it's not as important as what we're going to do about it. And, like I said, I'm fairly satisfied with -- with just going with the Planning Commission's recommendations on this one. That's fine. COHMISSIONER CONSTANTINE: I think before we get too convinced to that, we've got a couple of public speakers. CHAIRPERSON MATTHEWS: Yeah. COHMISSIONER CONSTANTINE: I don't know if Mr. Boyle is here or not but -- CHAIRPERSON MATTHEWS: Mr. Pickworth has a presentation to make. MR. PICKWORTH: Yeah. I guess as the petitioner, I would like the opportunity to address the board a little bit. I -- I -- I think that -- that it has been my feeling from the time I got involved in this -- I say some of you have a longer history on this than I do. But at the time I got involved, it -- it appeared to me that -- that trying to deal with, you know, how many parking places, what was shown on plans, I mean, it's almost a fool's errand because when you get all done with that, I'm not sure you're really any closer to the solution. So we have simply worked with the number that was in the agreement. Let me point out something because this has not been stated yet, and maybe everyone understands this and I don't need to. But what we are talking about is the requirement in the agreement that there be 294 parking spaces for the exclusive use of the hotel country club. That is exclusive of these areas which are shared parking areas. There is, in fact, an old shared parking agreement back in the '70s at the time when the restaurant was sold, and, again, there are people here who could talk all day on all the facts, and I'm not sure any of that is relevant, other than in 1989 when the questions come up, the board and the owners of the inn entered into an agreement which said, okay, let's figure out how much parking do we need out here. We know that both parties have the right to use this, but the agreement says that while we share the use of this, we do not have the right to count this as part of our required parking, and the agreement requires us to have 294 spaces exclusive of this area. And so in conformance with that, the -- and there were already -- I think Mr. Nino went over some of the numbers -- 177. We had to do 117 more. The condo, just to correct one thing, were not part of it. It was actually -- We ended up -- Some of the spaces end up being put into the exclusive area so it simply raised the amount of that. And that's how we got to where we are. And I think at the point where we're at today, as Commissioner Norris stated, this facility has been here a long time, and I think the real issue here is what is -- what's the solution. The Land Development Code says where a property owner deems the parking to be excessive, he can ask for it to be put into reserve. In other words, what we're really here to talk about today is not to argue about how many spaces are required. The real issue is how many of them do we need to pave. And I don't think I need to point out that avoiding creating additional pervious areas -- impervious areas, is not a goal to be sought after. The ideal would be to have all the parking you need and not one bit more because we -- you know, extra asphalt doesn't do anybody any good, and that is why the code has those kind of provisions in it so that when you have the situation where you otherwise would be just creating additional and unnecessary asphalt, you -- you -- you have the opportunity to simply put these spaces into reserve. And so I would suggest that vis-a-vis the Land Development Code and what we're here to determine is you need to satisfy yourself that, in fact, the -- the parking is excessive, i.e., that given -- that the amount of parking which we have in asphalt right now is adequate to serve the needs of the inn and that, therefore, there is not a need at this time to create more blacktop parking area with the understanding, as Mr. Nino said, that the area where that additional blacktop parking would be put if it becomes necessary is going to be designated, and there's an agreement that's part of this which says that if the Planning Services manager determines that we need to -- to put it in, then we have to install that parking. So with that having been said, the only other thing I think we need to say is for me to ask Kevin Durkin who is the general manager of the inn to come up here and tell you what the parking situation is so that you will be satisfied in your minds that, in fact, the existing parking out there is more than adequate for the needs of the inn right now without the need of creating any more asphalt parking. And I think with that, we'll be happy to answer questions, but I think that really satisfies what the -- what the code says. CHAIRPERSON MATTHEWS: Are there questions for the petitioner? COMMISSIONER CONSTANTINE: I will when Mr. Durkin does his thing. MR. DURKIN: Good afternoon, Commissioners. I'm Kevin Durkin. I'm the general manager of the Quality Inn Golf and Country Club and have been for seven years. This is not new to me. One of the purposes -- functions of my position is to inspect the facilities on a daily basis as well as supervise the staff, and under that function I have several department heads, about eight, that report to me directly on the facilities including, of course, myself. I have the advantage of being out there daily. And this -- If I may point out an area, part of the agreement in 1989 was to build this additional parking area. Of course, this, again, is the shared parking area. And if I just may stress that this particular area in here -- there's an FPL station in here -- is never ever used. The only time that we will use that parking area is to put a motor coach bus coming in just for the unsightliness of having it in front of the property, but it is never ever used. We have a photo that was taken on February 21 at 10:15 in the morning, and the reason we picked that, it was the height of our season. The golf course is at full capacity. The hotel is at full capacity. The guests do not check out until 12:00, 12:30 in the afternoon. So we figured it was a perfect time to show you the maximum. And if anyone wants to take a look, I can get this closer. Again, this is the parking part of the agreement of 1989. Again, this is additional parking for which is -- now houses Rib City. Nothing there. This is the shared parking, not full. There's parking in front of both the east and west building, also not full. And, again, this is never ever used. On New Year's Eve -- COMMISSIONER HANCOCK: I don't suppose you had a Shriners convention or anything that day. I'm just asking about convention facilities too. MR. DURKIN: Convention facilities have a maximum of approximately 150 persons. I mean, we are not a Ritz-Carlton or Registry in that aspect where we have parking for five, six, 700. I think maybe -- Commissioner Constantine, I think we've had one situation in my tenure there that we housed a Chamber of Commerce Oktoberfest that I think was one time that I could remember that the parking area was to capacity. That is it, and that was a special event. CHAIRPERSON MATTHEWS: Commissioner Constantine, you had a question. COHMISSIONER CONSTANTINE: I had a couple of questions. You pointed out as you went down through there the parking area used for Rib City, there's no one parking in there. MR. DURKIN: Yes, sir. COHMISSIONER CONSTANTINE: I suspect at dinnertime that area is probably filled up. Rib City probably is not serving a lot of ribs at 10:15 in the morning. MR. DURKIN: No. I -- No. Good. Of course, Tim. At occasion in the evening, 5:30, six o'clock, the spaces around the restaurant, there's no question it's going to be -- those spaces will be full, needless to say when the hotel is full, spaces in here. There is never ever a time when they're still -- when there is a lack of spaces in the shared parking again without this. COHMISSIONER CONSTANTINE: Just north -- That last area you pointed at -- Bring your -- MR. DURKIN: (indicating) COHMISSIONER CONSTANTINE: There you go. MR. DURKIN: Yes, sir. COHMISSIONER CONSTANTINE: Over in that area, that building just above the gray or whitish roof just above the restaurant, those are -- that's not a hotel; correct? MR. DURKIN: Those are two hotel units. There's 28 units in this building, and there's 12 in this, and this is the restaurant off this. COHMISSIONER CONSTANTINE: Okay. And then on the far side are no longer -- MR. DURKIN: These are golf course -- COHMISSIONER CONSTANTINE: Those aren't your property. MR. DURKIN: These are golf course condominiums -- COHMISSIONER CONSTANTINE: Right. MR. DURKIN: -- not part of our property. COHMISSIONER CONSTANTINE: Those are actually residents HR. DURKIN: Yes, sir. COHMISSIONER CONSTANTINE: -- and -- and -- Full-time residents. It's safe to assume the majority of those people probably work during the day. MR. DURKIN: Yes, sir. COHMISSIONER CONSTANTINE: So any spots they may have over in their little neck is -- MR. DURKIN: Again, it doesn't really show. There's all this vacant parking in here, and there's sufficient parking for each of the units. COHMISSIONER CONSTANTINE: Okay. The chickee hut entertains at night. MR. DURKIN: Yes, sir. COHMISSIONER CONSTANTINE: That's in the back. I'm assuming while there may be some guests using the pool, that those who come for libation and musical entertainment probably don't come at 10:15 in the morning. MR. DURKIN: No, sir. But golfers at that point are generally not out playing golf at that hour either. COHMISSIONER CONSTANTINE: I have played a night tournament. MR. DURKIN: Yes, sir. I know you do. COHMISSIONER CONSTANTINE: Speaking of the chickee hut, when was -- when did musical entertainment start regularly appearing at the chickee hut? MR. DURKIN: Hay I ask why that has any relevance to the -- to the parking? COHMISSIONER CONSTANTINE: It will. MR. DURKIN: 1989, 1990. COMHISSIONER CONSTANTINE: How many nights a week do you have it now? MR. DURKIN: Four. Thursday, Friday, Saturday, and Sunday. COMHISSIONER CONSTANTINE: Did you have it four nights a week in 19897 MR. DURKIN: I believe so. It may even be at five. It might have been Wednesday through Sunday. COMHISSIONER CONSTANTINE: I'm trying to get a feel for whether or not that was included in the parking agreement or whether there are -- there's some change in use since 1989. MR. DURKIN: From -- From the time that the first building which was the west building was built, the pool area was in construction at the same time and the chickee was built at the same time. When that opened in '89, there was entertainment at that point. Yes. Amplified entertainment? COHMISSIONER CONSTANTINE: MR. DURKIN: Yes, sir. COHMISSIONER CONSTANTINE: you. Okay. Just checking. Thank MR. DURKIN: Yes, sir. COHHISSIONER HANCOCK: But no karaoke? COHMISSIONER CONSTANTINE: Worst invention of our time. CHAIRPERSON MATTHEWS: Are you finished? COHMISSIONER CONSTANTINE: Yes, I am. CHAIRPERSON MATTHEWS: Mr. Durkin -- MR. DURKIN: Yes, ma'am. CHAIRPERSON MATTHEWS: -- I have one question. Have there ever been complaints from the shopping center across the street from you of overflow parking or anything like that due to what's going on at your establishment? MR. DURKIN: Absolutely not. CHAIRPERSON MATTHEWS: Okay. Want to finish up whatever you -- whatever else you intend -- MR. DURKIN: I have -- I have nothing else unless anybody has some questions. COHMISSIONER CONSTANTINE: What's your favorite color? MR. DURKIN: Blue. CHAIRPERSON MATTHEWS: Mr. Cuyler, are there public speakers? MR. CUYLER: Yes, there are. The first is Louis Erickson. MR. ERICKSON: Thank you, Commissioners. I'm Louis Erickson, an attorney here on behalf of Mr. Hitchell, my client sitting to the side who will also be speaking to you to confirm what I'm -- or to answer more of your questions because he's more familiar with it than I am. I'm familiar with the situ -- with the area in that my law office is almost directly across the street. It's about right here. It's not quite in the picture but it's -- and our concern -- My client's concern is and what he tells me is that the chickee is what bothers him, and it was constructed in 1990, and that's when the music which he has complained of since 1990 or 1991, and for that reason he is requesting that the variance not be provided to these people. I don't know why they would be given a parking variance that nobody else seems to get. One of the things that has not been explained to me during these proceedings is who owns what at this place. We know we have a golf course. There's a motel. There's an inside restaurant, and there's an outside restaurant. We do not know who owns each of these entities, whether or not they're owned by the same people and whether or not they were owned by the same people at the time the 1989 agreement which I -- you know, quite frankly, I was not aware of many of these facts until today. I was not contacted by Mr. Mitchell on this particular issue until yesterday. So I came here to learn much as y'all are learning today. Mr. Mitchell explains to me that there was a shed built on the -- a shed used for dining purposes built just last year out by the tennis courts, I believe it is. They -- The end of it -- You know, the actuality of it is that these people have maintained an establishment either -- Whether it's singularly owned or collective organizations, they've maintained an establishment since 1990 with improper parking, and the county has never done anything about it, and now the county comes in and says give them a variance or give them a reservation, whatever they want to call it, and Mr. Mitchell concededly does object to the place. He was there before the chickee was there, and his objection is -- and I don't know what the relevance of it is here but I will -- I want to be honest with the commissioners. His objection is the noise from the chickee. He lives on the tenth hole, and during those hours that were brought out that they have outdoor music at the chickee, it interferes with his use of his property. Now, I know you're not a court to make a determination as to nuisances and that's not what we're here for today, but I want you to understand that that is Mr. Hitchell's major complaint, and that's why he objects along with -- I believe he'll testify or he'll tell you -- I don't know if we're testifying here, but he'll tell you that his neighbors object to the situation. And, quite frankly, they don't want to give the Quality Inn a break for -- I think it's the Quality Inn. They don't want to give them -- They don't want this commission to give them a break for anything because the place is already growing and growing; and, therefore, they want to put as much financial pressure as they can on them to keep them from growing further. Maybe it's selfish. Maybe it's community-oriented. I suggest it's community-oriented. They feel that this Quality Inn is destroying their -- their community life. They were there before the chickee. They were there before much of the expansion at Quality Inn. And that's why they want to put an end to it. And now I'll let Mr. Mitchell speak. COHMISSIONER CONSTANTINE: Mr. Erickson, what's your suggestion that we should do with this item then? MR. ERICKSON: With the what? COHMISSIONER CONSTANTINE: With this item before us. MR. ERICKSON: I suggest that -- This may sound -- I don't know. I suggest that they be -- that it be denied, they be required to build the parking areas that they're required to build. And, quite frankly, it's in hopes of the possibilities that some settlement can be reached between the neighbors and them that -- regarding the outdoor music. COHMISSIONER CONSTANTINE: Thank you. MR. ERICKSON: Okay. MR. CUYLER: Your next speaker is Mr. Mitchell. MR. MITCHELL: Madam Chairman, I'm impressed with the job here. You commissioners are very fine. Thank you very much for it. I was here in -- in -- December the 26th, 1991, and presented a petition of the neighborhood for the noise from the chickee hut. This commission grant -- changed an ordinance for these people in 1993, but it hasn't worked. They have no respect and no regard for the neighborhood. They played karaoke out there on Mon -- on Mondays -- on Thursdays and Sundays at nights, and it carries right over into our home. I had this morning three witnesses that came here. Maybe you saw them in the wheelchair when they came up. They left. That was Barbara Batulli, a registered nurse, and her companion who were there and they were -- but they could not stay this late, to tell you what the influence of this has on our home. You know, I first went to these people. They ignored it. They ignored it. I called the sheriff. The sheriffs leave. They're right back doing it. The management has no control over the outside of this -- CHAIRPERSON MATTHEWS: Hr. Mitchell, I'm going to have to ask -- Here in front, sir. MR. CUYLER: Mr. Mitchell, the chair. CHAIRPERSON MATTHEWS: I'm going to have to ask you to link what you're talking about to this parking agreement, not to noise. The noise is covered with the noise ordinance. HR. MITCHELL: Thank you very much. Then maybe I will go back to the chickee hut then. When I called your planning staff, I says, what provisions have they made at the chickee hut. Mentioned none. But the chickee hut is the problem. If there's no provisions made for the parking at the chickee hut, then their number is wrong. The number was wrong too. There's a place right here that they have developed. CHAIRPERSON MATTHEWS: Sir, what we're trying to do is address a 1989 parking agreement that was signed before the chickee hut was built. MR. MITCHELL: Thank you very much. CHAIRPERSON MATTHEWS: And if more parking is required, which I'm not sure it is at this point -- we haven't addressed that. But the noise from the chickee hut that you're alluding to doesn't seem to be a part of this. MR. HITCHELL: Ha'am, I believe that when you take it -- take the chickee hut and if it was in -- in to it without any, these people have had a violation of the code for all this time and haven't addressed it. This idea has been -- This is a sham and a way for them to get out and get their way. It's -- It isn't fair. It's confused. Now, there is a new construction that just finished last year or they're still working on it, that part in the back of this building right here. COHMISSIONER MAC'KIE: Hay I -- Hay I just interrupt to ask staff -- how would that happen without the parking lot having been brought up to code? MR. HITCHELL: Thank you, ma'am. MR. NINO: We've been advised that the chickee hut occurred at the same time as the agreement. COHMISSIONER CONSTANTINE: Not the chickee hut, Mr. Nino. But the convention facilities were expanded, Mr. Durkin? MR. DURKIN: No, sir. COHMISSIONER CONSTANTINE: You didn't add anything -- any room on? You didn't -- MR. DURKIN: No, sir. MR. NINO: We have no -- CHAIRPERSON MATTHEWS: Mr. Durkin, you have to come forward. MR. NINO: We have no knowledge of any -- COHMISSIONER CONSTANTINE: There was some construction activity in there when I was meeting in there, so maybe I was hallucinating. MR. DURKIN: The only -- The only thing that we did last year is we redid the roof and we extended the porte-cochere over to give a little cover. Instead of the patio being open, it's covered. COHMISSIONER CONSTANTINE: Since 1989, have you extended the indoor convention facilities? MR. DURKIN: Since 1989, no, sir. COHMISSIONER CONSTANTINE: Are you sure? MR. DURKIN: 1989. COHMISSIONER CONSTANTINE: Because I am absolutely positive you did. When you go into your convention room, your meeting room '- MR. DURKIN: The carpet -- Tim, I apologize. The -- From the -- The space from the end of the window, right, it had moved out I believe six feet. Right. There are columns there. I do apologize -- when the roof was put on. COHMISSIONER CONSTANTINE: Which would be probably an extra four, 500 square feet. MR. DURKIN: I think it was added six feet, six feet -- COHMISSIONER CONSTANTINE: Times 80. MR. DURKIN: -- 80 by -- No -- by 40, 45, somewhere around there. COHMISSIONER MAC'KIE: Whatever the number, wouldn't that be enough to trigger -- How could the building permit -- MR. DURKIN: I do apologize. COHMISSIONER MAC'KIE: -- be approved without bringing the whole project up to code? It couldn't be. Can't be. MR. NINO: I can't answer the question. I am unaware of these activities. COHMISSIONER MAC'KIE: I mean, the answer is it can't be. MR. HULHERE: Well, yes and no. Let me clarify. I'm sorry. I don't mean to confuse things, but the Land Development Code does not require that the whole site be brought up to code. The Land Development -- COHMISSIONER MAC'KIE: Parking. MR. HULHERE: The Land Development requires that for an addition, that you provide the parking generated by that addition for nonconforming use. That's what the Land Development Code reads today. If I have -- If I need 50 spaces and I only have 25 and I'm going to put an addition on and the addition requires ten spaces, I only have to provide the ten spaces. COHMISSIONER MAC'KIE: So can we get some -- some evidence that -- I'm -- I'm -- I'm suggesting that I'm not going to be prepared to vote on this item until we see some -- some indication that when that expansion was made -- Somebody needs to do an investigation of what, if any, permits have been issued since 1989 and whether or not as a result of the issuance of those permits the -- the code has been complied with with regard to parking and any other applicable issues, and it sounds like that's an open question. CHAIRPERSON MATTHEWS: It seems -- It seems to me that in 1989 if 294 parking spaces were required and they expanded their facility by another even 400 square feet, that more parking should be required and 294 parking spaces is no longer adequate. COHMISSIONER HAC'KIE: Right. MR. NINO: You're correct. But we -- we were unaware of that. And if that's the case, you know, perhaps you would be well advised to table this and we will investigate -- CHAIRPERSON MATTHEWS: I would like a motion to table. MR. NINO: We will investigate whatever is applicable. COHMISSIONER CONSTANTINE: I'll move to table to continue. COHMISSIONER HANCOCK: I want to add one more item to this checklist. CHAIRPERSON MATTHEWS: Okay. COHMISSIONER HANCOCK: It's obvious when you build a parking area and it gets done and you come in a week later, paint it green, slap a fence around it and put some nets up and begin playing tennis that there -- those were parking spaces. All of a sudden they become tennis courts. I don't think there's a question that areas for parking that weren't being used have been sacrificed for other uses on this site, and I know that's not what we were here originally to revisit. But if we're going to look at convention areas that may have been extended and what parking was associated with that and what decisions were made, I don't think we can ignore the fact that a parking area has been painted green and is being used as a tennis court. That's just kind of stuck with me through this whole thing, that we're looking at a parking area and they just slapped a fence up and started playing tennis on it after an -- after an agreement was settled requiring a certain number of spaces. So I think there is the need here for an overview and a current update before I can be comfortable just saying, okay, reservation is fine and -- CHAIRPERSON MATTHEWS: I think we're all concerned. COHMISSIONER CONSTANTINE: Mr. Nino, how much time do you need to do that? MR. NINO: The next two weeks will be fine. CHAIRPERSON MATTHEWS: Two weeks? COHMISSIONER CONSTANTINE: I'll make a motion we continue the item for two weeks. COMMISSIONER MAC'KIE: Second. CHAIRPERSON MATTHEWS: We have a motion and a second. Mr. Pickworth, you're looking -- MR. PICKWORTH: I just have a question or two just so I understand so what we can be prepared for in two weeks. I have -- We have no problem -- CHAIRPERSON MATTHEWS: We're going to re-evaluate the whole parking situation based on permits issued after 1989. MR. PICKWORTH: But I -- I just -- I -- I just want to emphasize so that we know what -- where this is going -- I mean, the fact remains that -- that the parking that's already there, the asphalt that's already there is more than what's needed. So if -- if -- I guess what I'm trying to get a feel for is let's say that -- that there should have been ten more parking places when they -- when they added that -- what Kevin just talked about. Are we going to pave another ten spaces? CHAIRPERSON MATTHEWS: We want to find out what's needed. Two weeks to do that. COMHISSIONER CONSTANTINE: Mr. Pickworth, would you bring that photograph up closer for me? MR. PICKWORTH: Sure. COHHISSIONER HAC'KIE: May I make a comment while we're sort of pausing here? CHAIRPERSON MATTHEWS: Yes. Commissioner Hac'Kie. COHMISSIONER MAC'KIE: Just -- Just that I think this is the kind of research that we should have gotten from staff, you know, as a result of this petition coming in. I can see why you would have made the assumption that there's an agreement and you've got to work with it, but it is the kind of background that would be useful in any event for us to have. So I just wanted to generally make that comment. And particularly with -- with -- with what's being talked about at Development Services right now, it's very troubling to hear that we have permits issued and nobody knows if the parking was ever -- you know, if those permits required the code to be complied with with regard to parking issues. So that -- that seriously needs to be addressed as far as I'm concerned. CHAIRPERSON MATTHEWS: We're going to -- MR. PICKWORTH: I hope just on one last comment that, you know, like these petitioners, like anyone else -- and maybe something was missed, but when you apply for a building permit, I think they -- I think they review whether or not the parking will support it. So I just wanted to emphasize that, you know, we got permits in good faith, thinking that it was -- that it was the proper amount. CHAIRPERSON MATTHEWS: We have a motion and a second to continue this item for two weeks. If there's no further discussion, all those in favor please say aye. Opposed? There being none, motion passes 5-0. And, Mr. Hulhere, we're going to get a complete analysis of the parking requirements? MR. HULHERE: Yes, ma'am. You'll have a complete analysis. Item #13B1 RESOLUTION 95-291, RE PETITION CU-92-17, DR. NENO J. SPAGNA, OF FLORIDA URBAN INSTITUTE, INC., REPRESENTING FIRST HAITIAN BAPTIST HISSION, INC., REQUESTING A SECOND EXTENSION OF A CONTITIONAL USE FOR A CHURCH AND ACCESSORY USES TO A CHURCH FOR PROPERTY LOCATED ON THE SOUTH SIDE OF U.S. 41 - ADOPTED CHAIRPERSON MATTHEWS: Okay. Next item on the agenda is item 13B(1). It's Petition CU-92-17. This is a second continuation or second extension of a conditional use. MR. HULHERE: All right. This is the second of a maximum of three requests for an extension to a conditional use on behalf of -- or Dr. Neno Spagna on behalf of the First Haitian Baptist Hission Church is requesting this extension and advises they have had some difficulty in obtaining necessary state and federal permits. CHAIRPERSON MATTHEWS: Mr. Hulhere, let me -- let me -- Is there anything in particular we need to get on the record for this, Mr. Cuyler? MR. CUYLER: For this? CHAIRPERSON MATTHEWS: Yeah. MR. CUYLER: In terms of approving it? CHAIRPERSON MATTHEWS: Uh-huh. MR. CUYLER: The staff report should be sufficient. There's no conditions that are attached to it as part of the continuance. Now, the staff report if you want to approve it should be sufficient. CHAIRPERSON MATTHEWS: It's a simple continuance of an existing conditional use? MR. HULHERE: That's correct. CHAIRPERSON MATTHEWS: Okay. I'll close the public hearing. Is there a motion -- COHMISSIONER MAC'KIE: Move approval. COHMISSIONER HANCOCK: Second. COHMISSIONER NORRIS: Second. CHAIRPERSON MATTHEWS: We have a motion and a second to approve the Petition CU-92-17 extension. All those in favor please say aye. Opposed? He's out there. He said aye. Motion passes 5-0. CONTINUATION OF ITEH #8F1 COHHISSIONER NORRIS: Now we go back to the morning agenda. CHAIRPERSON MATTHEWS: I guess so. We do. We're back to the tower leases from the morning agenda. Mr. Norris Ijams. MR. IJAMS: Thank you, Madam Chairman. Norris Ijams, for the record, Emergency Services administrator. Mr. Dotrill is here now. I -- I suggest that we go ahead with this. We have researched the minutes that Commissioner Hac'Kie had asked us to do. I apologize for not having done that first. That's my responsibility, and we had researched them to a point that I was satisfied, but your question was a good one, and we have accomplished that now. I would ask Mr. Daly to address this. He has talked directly today with Mr. Milk who was involved in this originally. So I think we have the information that you really need to go ahead with this. MR. DORRILL: Let me give it to you in real quick bullet fashion if you've got any questions for the staff. There were two workshops. They were never board workshops. They were staff workshops that were held to assist in preparing the tower proliferation ordinance, and they occurred on June the 6th and June the 24th of 1991. They were done, and then recommendations were made to the Planning Commission. As part of that, there was a representation made by -- at the staff meeting at Development Services. There was a representation made by a GTE official that county use on their towers would be at no charge. COHMISSIONER MAC'KIE: Hay I interrupt you just to ask, is this based on a recollection, or was there a record, a written record? MR. DORRILL: There -- There were no minutes or a tape-recording of the staff meeting that was held. There was a sign-up sheet of those who were in attendance, and that is in the file, I'm told, the people who were at the meeting and specifically the gentleman from GTE corporate offices in Tampa. Mr. Daly can give you that gentleman's name in just a minute. Subsequent to that, on June the 16th of 1992, is the note that I have, there was a consent agenda item for a pre-existing use for a tower agreement that was done in conjunction, I believe, with the sheriff's existing radio system. That particular agreement also referenced that there would be no charge to the county commission. The staff has prepared some cost information on what the -- a normal lease would otherwise be. I think we've determined that the $10 per year is, in fact, a nominal fee when otherwise we had quotes that were up to $3,000 per month for other tower site alternatives that were explored. The $1,000 charge or execution fee was not intended to be a lease or a rental but was to recover a cost that they are going to incur for engineering purposes to make sure that our microwave dishes and antenni do not conflict with their cellular telephone transmitters. Mr. Hargett has been in touch with GTE officials today and said this appears to be an issue because it is being confused with a rental or a lease. They have said that if it is a problem between us and the county commission, they would remove that $1,000 fee. They are still going to incur that engineering cost for the reasons that I stated. COHHISSIONER HAC'KIE: And it seems to me appropriate that they do remove that -- that fee because if -- and I wish we were quoting but from -- from what you just said, there will be no charge for the county's use. No charge doesn't mean a thousand bucks. MR. DORRILL: The confusion arose over the difference between a rental or a lease and access to the enclosed building for -- There's the tower but then every site has an enclosed building where the hardware exists with the transmitters and receivers. Their intent was that there would be no rental or fee, but they also agreed that if this is a point of contention or a concern, that while they still will incur that cost on our behalf, that they're willing to waive that for the three towers and the total of 3,000 bucks. COHMISSIONER CONSTANTINE: Great. Save the taxpayers $3,000. MR. DORRILL: Did I miss anything? MR. DALY: No. That's it. CHAIRPERSON MATTHEWS: We have a motion. The second was withdrawn. The motion was to approve. The second was withdrawn. Is there a second? COHMISSIONER HANCOCK: Madam Chairman, did the motion include -- or would the motion maker include the information Mr. Dotrill just stated that stipulates the waiving of the $1,000 fee? COHMISSIONER NORRIS: I would be more than happy to save the county 3,000 additional dollars and include that in my motion. COHMISSIONER HANCOCK: I'll second the motion. MR. CUYLER: And it also includes the indemnity language that I talked about this morning. CHAIRPERSON MATTHEWS: Yes, it did. It included that this morning. MR. DORRILL: One final thing Mr. Rodinsky had alluded to last week and I just wanted to make sure that we cover all of these things, there was an individual who was working on that tower during the time that we were under a tornado watch. That individual was doing commercial work. It was not work as part of this agreement or any work as part of the sheriff's existing facilities there. They did not have a proper permit to do that work, and we are pursuing a Code Enforcement action and will require them to get an after-the-fact permit and pay the associated fee for installing the antennas on top of the tower during that day in question that he brought to our attention. CHAIRPERSON MATTHEWS: Thank you. COMMISSIONER MAC'KIE: Good news. CHAIRPERSON MATTHEWS: Commissioner Constantine. COMMISSIONER CONSTANTINE: Just one comment before we vote, and that is to thank Mr. Rodinsky. If we had more people who would come in and point out details like this to us -- $3,000, as I said earlier today, in the big picture it may not sound like a lot of -- a lot of money out of 300 million, but $3,000 is $3,000, and thank you very much for bringing that to our attention and also for the Code Enforcement violation, and I think I'm a little more comfortable. I know you still have some questions on the water, but I'm more comfortable with that. So I want to thank you for bringing it up. MR. RODINSKY: Excuse me. I just want to thank the commissioners and mainly thank Mr. Dorrill for his help in getting my point across. Thank you very much. CHAIRPERSON MATTHEWS: Thank you, Mr. Rodinsky. There's a motion and a second. All those in favor please say aye. All those opposed? There being none, motion passes 5-0. Item #15 STAFF COMMUNICATIONS COMMISSIONER NORRIS: Nothing further. CHAIRPERSON MATTHEWS: I believe we have two communication items. COMHISSIONER MAC'KIE: So close. CHAIRPERSON MATTHEWS: So close but yet -- MR. DORRILL: The second one has resolved itself. In talking to one other commissioner in receiving a piece of correspondence concerning the rebate of the south area B taxing district funds and the issue with respect to interest earnings on those, I didn't know whether the board was desirous of reconsidering its direction on that or if you want either Mr. Cuyler or I to be doing anything about that and I'm just -- The issue came up over the last several days and I'm asking the board for a little direction. CHAIRPERSON MATTHEWS: Mr. Cuyler. MR. CUYLER: I can probably solve that for you. Before we do anything, you're going to have another public hearing on this matter. I personally don't care about this issue. I just want it out of my office. I don't care whether the interest goes back or whether the money goes in the general fund. That will be your decision, not my decision. CHAIRPERSON MATTHEWS: So we -- we can make that decision at the public hearing. MR. CUYLER: At the subsequent public hearing, we'll give you an opportunity to reconsider that. Whatever you -- Whatever you want to do on it is fine with me. COMMISSIONER CONSTANTINE: It seems to me the public hearing is obviously the right place. Hopefully we will opt to give that interest back as well. I think that -- MR. CUYLER: There's -- CHAIRPERSON MATTHEWS: Certainly held the money long enough. COMHISSIONER CONSTANTINE: Yeah. MR. CUYLER: There's some other requests that the additional money not go back to the people, it go to some other thing. You're going to look at all that as part of it. CHAIRPERSON MATTHEWS: Norris. COMHISSIONER NORRIS: CHAIRPERSON MATTHEWS: COMHISSIONER HANCOCK: CHAIRPERSON MATTHEWS: COMHISSIONER MAC'KIE: CHAIRPERSON MATTHEWS: Communication. Commissioner Nothing further. Commissioner Hancock. Nothing. Commissioner MAc'Kie. No, ma'am. Commissioner Constantine. COMHISSIONER CONSTANTINE: One quick item. Mr. Cuyler, back in about November at one of the public hearings we had, the people from -- some people from Golden Gate had inquired about the possibility of rental or temporary housing inspections and so on and so forth. We had hoped to have that back by January. I don't need that today, but can we maybe get a report back on that next week where we are? MR. CUYLER: I'll check on that immediately. That's still a pending request with our office. I'll check on that. CHAIRPERSON MATTHEWS: That's it? Miss Filson, are we done? MS. FILSON: You may -- You may adjourn. CHAIRPERSON MATTHEWS: We're adjourned. ***** Commissioner Constantine moved, seconded by Commissioner Hancock and carried unanimously, that the following items under the Consent Agenda be approved and/or adopted: ***** Item #16A1 RESOLUTION 95-277, AUTHORIZING FINAL ACCEPTANCE OF THE ROADWAY AND DRAINAGE IMPROVEMENTS IN RUSTLING PINES, RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPTING THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY AND DRAINAGE IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE HOMEOWNERS ASSOCIATION Item #16A2 See Pages CHANGE OF STATUS OF EXCAVATION PERMIT NO. 59.513 FROH "DEVELOPHENT" TO "COHMERCIAL" AND REMOVAL OF 533,000 C.Y. OF EXCAVATED MATERIAL FROM VILLAGE WALK Item #16A3 RESOLUTION 95-278, GRANTING FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE PROJECT KNOWN AS "THE VILLAGES AT BARFIELD BAY" Item #16A4 See Pages FINAL PLAT OF "TRACT C AT WINDSTAR REPLAT" - SUBJECT TO STIPULATIONS AND CONSTRUCTION AND MAINTENANCE AGREEMENT Item #16A5 See Pages ACCEPTANCE OF WATER AND SEWER FACILITIES FOR WEST CROWN POINTE, PHASE TWO AND SOUTH SHORE VILLAS - SUBJECT TO STIPULATIONS AS DETAILED IN THE EXECUTIVE SUMMARY See Pages Item #16A6 - Continued to 4/25/95 Item #16A7 RESOLUTIONS 95-279, 95-280 AND 95-281, AUTHORIZING WAIVER OF ROAD IMPACT FEES, LIBRARY SYSTEM IMPACT FEES, PARKS AND RECREATIONAL FACILITY IMPACT FEES, EMERGENCY MEDICAL SERVICES SYSTEM IMPACT FEES AND EDUCATIONAL FACILITY SYSTEM IMPACT FEES FOR THREE (3) SINGLE FAMILY HOUSES TO BE BUILT BY IHMOKALEE HABITAT FOR HUMANITY, INC. IN THE GEHMER LANE SUBDIVISION AND TO FUND SAID WAIVERS FROM AFFORDABLE HOUSING TRUST FUND (191) See Pages Item #16A8 REQUEST TO MODIFY PURCHASE ORDER NO. 500930 BY INCREASING THE PURCHASE ORDER AMOUNT BY $6,000.00 TO COVER THE COSTS OF REQUIRED ADVERTISING FOR LAND USE PETITIONS Item #16C1 BUDGET AMENDMENT FOR THE APPROPRIATION OF UNSPENT SENIORS PROGRAM AETNA FUNDS - IN THE AMOUNT OF $1,935.83 Item #16C2 RESOLUTION 95-282, APPOINTING LOU HOEGSTEAD, HANK DOUGLAS, PAT COOKSON, JOHN YONKOSKY, HOLLY CHERNOFF, JOHN BEGEHAN, LEO MEDIAVILLA, JIM HANSBERGER, AND LETICIA GROSS AS OFFICERS TO COLLIER COUNTY AGRICULTURE FAIR AND EXPOSITION, INC. BOARD OF DIRECTORS See Pages Item #16C3 - Moved to Item #8C2 Item #16El RESOLUTION 95-283, APPROVING THE PRICE INCREASE AT THE LAKE TRAFFORD MEMORIAL GARDENS CEMETERY LOCATED IN IHMOKALEE, FLORIDA See Pages Item #16F1 A REPORT TO THE BOARD OF COUNTY COHMISSIONERS THAT THE LEASE AGREEMENT WITH THE CITY OF NAPLES AIRPORT AUTHORITY FOR THE EHS HANGAR ADJACENT TO AIRPORT ROAD HAS BEEN TERMINATED PURSUANT TO THE PROVISION INCLUDED IN THE CURRENT LEASE AGREEMENT Item #16F2 LEASE AGREEMENT WITH THE CITY OF EVERGLADES IN ORDER FOR COLLIER COUNTY TO UTILIZE EVERGLADES CITY'S EHS/FIRE FACILITY TO ACCOHMODATE THE OCHOPEE FIRE DEPARTMENT AND THE EMERGENCY MEDICAL SERVICES DEPARTMENT See Pages Item #16G1 BUDGET AMENDMENT FOR SEA TURTLE MONITORING ACTIVITIES, RECOGNIZING ALLOCATED REVENUES FROM THE TOURIST DEVELOPMENT TAX - IN THE AMOUNT OF $50,900.00 Item #16H1 - Deleted Item #16H2 - Deleted Item #16H3 WORK ORDER UNDER THE CURRENT ANNUAL PROFESSIONAL SERVICES AGREEMENT WITH WILKISON & ASSOCIATES, INC., FOR ENGINEERING SERVICES RELATED TO DISPOSAL OF WASTEWATER FROM THE NORTH COUNTY REGIONAL WATER TREATMENT PLANT See Pages Item #16H4 WORK ORDER CEC-6-S WITH COASTAL ENGINEERING CONSULTANTS, INC. TO PERFORM THE ANNUAL MONITORING REQUIREMENTS FOR THE WIGGINS PASS DREDGING PROJECT - IN THE AMOUNT OF $17,400 See Pages Item #16H5 STAFF REPORT ON THE WIGGINS PASS OUTSTANDING FLORIDA WATERS (OFW) PETITION Item #16H6 FORMAL BID PROCEDURES WAIVED FOR RESTORATION OF A HIGHLY ERODED PORTION OF RENOURISHED HIDEAWAY BEACH AND AUTHORIZATION TO USE SOLICITED BIDS FROM THE HIDEAWAY BEACH ASSOCIATION Item #16J MISCELLANEOUS CORRESPONDENCE - FILED AND/OR REFERRED The following miscellaneous correspondence as presented by the Board of County Commissioners, has been directed to the various departments as indicated: Item #16J1 CERTIFICATES OF CORRECTION TO THE TAX ROLLS AS PRESENTED BY THE PROPERTY APPRAISER'S OFFICE 1993 NO. DATED 212 4/03/95 146 & 148 1994 1994 TANGIBLE PERSONAL PROPERTY 128 & 129 Item #16K1 3/30 & 4/03/95 4/03 & 4/04/95 SATISFACTION OF LIEN DOCUHENTS FOR ABATEHENT OF PUBLIC NUISANCES See Pages Item #16K2 APPROVAL FOR THE USE OF CONFISCATED TRUST FUNDS TO PURCHASE SPECIALIZED EQUIPMENT BY THE COLLIER COUNTY SHERIFF'S OFFICE - IN THE AMOUNT OF $7,500 There being no further business for the Good of the County, the meeting was adjourned by Order of the Chair at 4:57 p.m. BOARD OF COUNTY COHMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL BETTYE J. MATTHEWS, CHAIRPERSON ATTEST: DWIGHT E. BROCK, CLERK These minutes approved by the Board on as presented or as corrected TRANSCRIPT PREPARED ON BEHALF OF DONOVAN COURT REPORTING BY: Shelly Semmler and Christine E. Whitfield