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BCC Minutes 11/21/1995 RREGULAR MEETING OF NOVEMBER 21, 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 a.m. in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following CHAIRPERSON: 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 David Weigel, County Attorney Item #3A AGENDA AND CONSENT AGENDA - APPROVED WITH CHANGES CHAIRPERSON MATTHEWS: I'm going to call to order the Board of County Commission meeting for Collier County for November 21, 1995. Mr. Dotrill, would you lead us in an invocation and pledge? MR. DORRILL: Heavenly Father, during this week of Thanksgiving we do have so much to be thankful for in Collier County. We're thankful for health and safety. We're thankful for good jobs and a wonderful place to live and raise a family or enjoy retirement years. Father, we would ask that you bless each and every one of us this Thanksgiving. We in public service are especially thankful for our families, those who support us throughout the year, as well as the hard work of our staff and the dedication of the citizens who in this community choose to participate in their government. We ask that you would bless each and everyone of us and that you would bless our time together this morning. We pray these things in Jesus' name. Amen. (The pledge of allegiance was recited in unison.) CHAIRPERSON MATTHEWS: Mr. Dorrill, we have some changes to the agenda. MR. DORRILL: Yes, ma'am, we do. Good morning, Commissioners. I have one add-on item and the balance of the items are all continuances. So, hopefully, we'll have a fairly short meeting today. The add-on item is 8(B)(4) as it pertains to our beach renourishment project, and we meet the process for change order number one in order to bring our project into compliance with the state and environmental permitting conditions. COHMISSIONER HANCOCK: Have we physically begun pumping sand yet? MR. DORRILL: We haven't, but these are our friends from Tallahassee, and they would like to make a modification to it. The beach profile characteristics is going to cost you a little more money. That will be 8(B)(4) under public works. I have one item that I would like to move off of the consent agenda and onto the regular agenda for a discussion. It is item 16(B)(3). It is moving and will become 8(B)(5), also public works. It's a recommendation pertaining to a certain purchase by a gift and easement interests, the road right-of-way, and associated utility and maintenance purposes for the four-laning of Rattlesnake-Hammock Road -- excuse me -- 951 from Rattlesnake up to Davis. That will be 8(B)(5). I have a request to continue for three weeks until your meeting of December 19th item 7(B), which was a public petition brought by Robert Elwood of WCI communities pertaining to the ball field lighting at Veterans Community Park. I think that is the second or third time that's been continued. I have another request to continue item 12 -- CHAIRPERSON MATTHEWS: Can I interrupt, Mr. Dorrill? Is it normal to continue these public petitions like this? MR. DORRILL: We generally will a time or two, and then the office will make an inquiry and see what, if anything, can be done to expedite their request or whether they need to start over or something like that. We will probably do that in this case. CHAIRPERSON MATTHEWS: Okay. Fine. Thank you. MR. DORRILL: Item 12(C)(1) will be continued indefinitely. It will be rescheduled as necessary to consider a public hearing to establish the Islesworth Community Development District. We are also requesting to withdraw item 16(A)(3) on the consent agenda under community development which pertains to the approval of a list of hydrological consultants and contractors for RFP 95-2380. Then I have one final item that is requested to be continued, which is item 8(E)(2), under the executive office report. At the request of the petitioner, the item is pertaining to the use of tourist development funds for the World Tennis Center tennis tournament. CHAIRPERSON MATTHEWS: Mr. Dorrill, it is my understanding, too, that the item that's in our package is going to be probably substantially changed? There has been a new grant application. MR. DORRILL: That's my understanding. I spoke with Mr. Goodlette, and he gave me the courtesy of providing some of the rationale for the request, and they will reschedule that for one week until your meeting of the 29th. And that is all that I have this morning. CHAIRPERSON MATTHEWS: Okay, fine. Thank you. Commissioner Norris, do you have any changes? COHMISSIONER NORRIS: CHAIRPERSON MATTHEWS: COHMISSIONER HANCOCK: CHAIRPERSON MATTHEWS: COHMISSIONER MAC'KIE: CHAIRPERSON MATTHEWS: Nothing further. Commissioner Hancock. No, ma'am. Commissioner Hac'Kie. No. Commissioner Constantine. COHMISSIONER CONSTANTINE: Yeah. I have three items. I had asked our county manager -- I don't know what happened in the meantime. We apparently miscommunicated -- the Treeline Drive item I mentioned a week ago, and we set for 11:30 today, that would be 10(A). CHAIRPERSON MATTHEWS: You did set a time certain on that last week. COHMISSIONER CONSTANTINE: And a couple of items from the consent agenda. 16(B)(6) is the operation plan for the landfill. I know there is the some interest in that and in reviewing that. I wondered if we might continue that a week and have that as a regular agenda item as opposed to merely breezing through on the consent agenda? COHMISSIONER HANCOCK: I would like that. COHMISSIONER CONSTANTINE: And 16(D)(1), I just need a couple of pieces of information, and that is the sheriff's maintenance facilities, a three-year plus lease. MR. DORRILL: And that should be under support services which will become 8(D)(1). COHMISSIONER NORRIS: 8(D)? MR. DORRILL: D as in David. COHMISSIONER HANCOCK: I'm sorry. I have to back up for clarification. You mentioned 10(A), Commissioner Constantine? Is that Treeline was left off of the -- CHAIRPERSON MATTHEWS: -- agenda for this week. COHMISSIONER HANCOCK: Okay. So that is an add-on. So we now have a 10(A) which is a discussion of Treeline time certain at 11:307 COHMISSIONER CONSTANTINE: Correct. CHAIRPERSON MATTHEWS: We also have -- I believe we also granted the sheriff a time certain last week at 1 p.m? COMMISSIONER CONSTANTINE: He may be all alone at one o'clock if we keep cutting this agenda. CHAIRPERSON MATTHEWS: Can we give him notice that may be sooner? This agenda is getting smaller. COMMISSIONER CONSTANTINE: Those are all my changes, Madam Chairman. CHAIRPERSON MATTHEWS: The changes that you had suggested were on my list. If there are no further changes, is there a motion? COMMISSIONER HANCOCK: Motion to approve the agenda and consent agenda as amended. COMMISSIONER CONSTANTINE: Second. CHAIRPERSON MATTHEWS: Motion and a second to approve the agenda and the consent agenda as amended. All in favor, please say aye. Opposed? Motion passes five to nothing. Item #4 MINUTES OF OCTOBER 24, 1995 REGULAR MEETING - APPROVED AS PRESENTED COMMISSIONER NORRIS: Ms. Chairman, I will make a motion that we approve the minutes of October 24, 1995. COMHISSIONER CONSTANTINE: I'll second that motion. CHAIRPERSON MATTHEWS: We have a motion and a second to approve the minutes of our regular meeting of October 24th. All in favor, please say aye. Opposed? There being none, motion passes five to zero. Item #5B EMPLOYEE SERVICE AWARDS - PRESENTED Next item on the agenda are proclamations and service awards. Commissioner Hancock. COMMISSIONER HANCOCK: Yes, ma'am. I'm proud this morning to issue four service awards, four different employees all having ten years of service each. The first in public works, Ms. Susan Copeland. (Applause.) The second from utilities, Mr. Berry Getlack. (Applause.) And also in utilities, Ms. Cynthia Long. (Applause). And one of our favorites from the county attorneys office, Mr. David Weigel. (Applause.) Item #7A MRS. MARIE TORTU REGARDING A SOLID WASTE ASSESSMENT - STAFF DIRECTED TO AMEND THE ORDINANCE IN ORDER TO HANDLE THIS MATTER CHAIRPERSON MATTHEWS: Thank you, Commissioner Hancock. The next item on the agenda is under public petitions, item 7(A), Ms. Mary Tortu regarding the solid waste assessment. Ms. Tortu, as you're coming up I'll remind you that we limit our public petitions. The microphone is there, ma'am. We limit public petitions to ten minutes of discussion and comment. We take no action on public petitions the day they are presented. However, we may direct staff to bring it back as a board agenda item where we may take action. MS. TORTU: I don't know where to start. CHAIRPERSON MATTHEWS: At the beginning. MS. TORTU: I live at 1276 North Collier Boulevard. When the waste management started, I went up -- and I have proof that Mr. Raley gave me -- what do you call it; a request for hardship -- and I told him that as soon as I get back on my feet I would start paying. Now, I paid for '94 and '95, and a couple of weeks ago I get three letters from them stating that I owed '91, '92, and '93. I want to pay what I owe, but I am not -- I don't want to pay for the interest because it was their error. If I had received these letters prior to the time of '94, '95, I would have come up and paid them, and that is what I'm here for today. COHMISSIONER HANCOCK: Mr. Dorrill -- MR. DORRILL: It lasted about 30 minutes, so let me fill in some of the blanks and then Ms. Tortu can help you. In 1991 -- she is a permanent resident who lives on Marco Island. They'd run into some personal difficulties and they came in. It is my understanding that we have about two dozen members of the public who have filed and taken advantage of the board's hardship mechanism under your mandatory solid waste ordinance. When you make application for that, the application does say -- and I believe Ms. Tortu understands -- that we don't waive solid waste bills. We will offer a deferral. In the event that you take a deferral, the board's ordinance clearly says, as does the application, that interest accrues at 1 percent per month for the annual solid waste assessment. She feels that there has been a misunderstanding or that she did not receive, it is her contention, the annual notice of both the bill and the ever growing assessment. I believe now the interest has accrued since 1991 and may be some $300 or thereabouts, and that's in particular what her concern is. She is asking you for a mechanism to waive the interest that has accrued on her solid waste bills from 1991. Unfortunately, there is not a mechanism to waive that under the ordinance. And we have provided her the opportunity to be here today as a courtesy of you, and I have some folks from the revenue and billing department should you have any particular questions. CHAIRPERSON MATTHEWS: These are the instructions for completing the hardship application, and it clearly says 1 percent per month. COHMISSIONER HANCOCK: My question is whether or not Ms. Tortu received notification along the way of what her bill was including interest. That is my only concern. If she did receive notification at least once a year of what the bill was including interest, then there is no reason for us to take action here. If she did not, and there was a problem in her receiving those bills, then I have some questions. MR. DORRILL: Well, it was not under -- and we did not have a department of revenue and billing. Mr. Yonkosky is here and other members of the staff, and I've asked them to be prepared to answer these types of questions. So I'll ask Mr. Yonkosky to shed a little light on that. MR. YONKOSKY: John Yonkosky, department of revenue. Bills are sent out every year, Commissioners, and so everyone, we believe, has been notified of receiving bills and what the amount has accrued every year. In the case here, there is actually, as of the end of last month, $140.09 that's accrued on the three years. She actually had a deferment for 1991 and '92, and '93. She has paid her 1994 and 1995 bills. She did receive a deferment for the first three years. And the system of accumulated interest on these particular deferments is accruing interest at the rate of 12 percent a year or 1 percent a month. And when this particular ordinance was passed by the board in 1991, there was a question as to whether or not interest should be applied to deferments because for a very short period of time the interest could be larger than the actual bill itself. Next year you have decided to put these on the ad valorem tax bill, and this problem will not come up in the future, if the board desires to remove interest from deferments. The county attorney's office and the manager's office right now is going through the rewrite of that ordinance and that could be made very clear if the board were to decide not to have interest accrue on deferments. CHAIRPERSON MATTHEWS: Commissioner Hancock. COHMISSIONER HANCOCK: Ms. Tortu, have you been at the same address for this entire period? MS. TORTU: Yes. I have been there since 1970. COHMISSIONER HANCOCK: Okay. So we know we have the correct address. My question is simply did she receive a bill on an annual basis at that address and if she didn't '- MS. TORTU: I haven't. Believe me, I haven't. Why would I pay '94 and '95 and not pay the old bills first? MR. DORRILL: That's her contention. Our indication '- MS. TORTU: I didn't receive those bills, and I -- MR. DORRILL: Our records show '- MS. TORTU: -- got three all at one time. COHMISSIONER NORRIS: Let's talk one at a time. CHAIRPERSON MATTHEWS: Yes. MR. DORRILL: This has been very important to her, and we have tried to assist her as we can. The bottom line on this is that the system shows that the bills were prepared and mailed as they have been every year. This is not a large-scale problem because, frankly, there are very few people who ever avail themselves of the deferment option. Ms. Tortu did have what I believe to be some genuine personal and financial problems during that particular period of time. She was widowed during that particular period of time. A great deal of her personal affairs got behind, and we understand that. During that period of time -- we even need to get her caught up. You need to make and give us some direction concerning either processing some amendment to allow us to waive the interest, because we don't otherwise -- nor do you have the ability or the authority currently under your ordinance to do that. In this case, I think we're talking -- has she paid the principal that was due for those three years? MR. YONKOSKY: No, she has not. MR. DORRILL: Okay. So my point is that we're about three or four hundred dollars total, and she wants to pay the principal but she does not want to pay the interest. We don't have a mechanism to do that. It's $140 -- MR. YONKOSKY: A hundred and forty dollars in interest has accumulated. COHMISSIONER NORRIS: Okay. Let me ask this. Ms. Tortu, you're prepared to pay the bill for '91, '92, and '93? MS. TORTU: Just the principal. COHMISSIONER NORRIS: The interest is the question. MS. TORTU: No, because I feel it is not my fault. If these bills were mailed to me, I would not have paid my '94. I would have paid these first and then keep it up in rotation. But I never received these bills. I received these bills October 17, 1995, the whole three of them at one time, and that was the day I received them. COHMISSIONER NORRIS: All right. What we have here is Ms. Tortu says she didn't receive the bill. Our staff says she probably did. Who is to know? Ms. Chairman, I'll make a motion that we direct staff to bring us back some sort of remedy for this situation so that we can do something about the interest on this. CHAIRPERSON MATTHEWS: Are we talking about a onetime remedy for this particular problem or a change in our -- COMMISSIONER NORRIS: My understanding from listening to staff that this is not a major problem and will disappear with the new ordinance anyway. And we just need to take a bit of curative action on this one particular case which may or may not apply to any other cases. MR. YONKOSKY: Commissioner, you actually have 21 -- or there's 24 deferments that have taken place in the county. Next year there will not be any more deferments, because they will go on the tax roll if the board decides to do that. But those people can reapply every year and continue the deferment indefinitely until they sell the residence or some changes title. So the cure that we would bring back to you would be to waive interest on those 24 deferments. COMMISSIONER NORRIS: What I want to do is have the ability to look at these cases on an individual case basis and make a determination case by case. MR. DORRILL: We can do that. If the majority of the board feel that way, we could probably accomplish that before the end of the year. COMMISSIONER HANCOCK: I agree with that direction. COMMISSIONER NORRIS: Is that a second? COMMISSIONER HANCOCK: Yes, that's a second. CHAIRPERSON MATTHEWS: We have a motion and a second to direct staff to bring back an agenda item where we can address these hardship cases for waiving interest on a one-on-one position. Is there further discussion? There being none, all in favor, please say aye. Opposed? Motion passes five to zero. Can you have it back to us by December 47 MR. DORRILL: We need to revise the ordinance amendment, but we'll meet whatever minimum advertising, and I'll presume that your offer, your gracious offer is conditioned on her fulfilling what she said she would do which was to pay the three years of principal payments that were there? COMHISSIONER HANCOCK: Correct. And if someone would summarize that for Ms. Tortu. CHAIRPERSON MATTHEWS: Thank you. Mr. Weigel. MR. WEIGEL: Madam Chairman, December 19th would be the next advertised ordinance hearing date. And if that is the date that we are expecting to bring back the solid waste ordinance with the other amendments, that would be the date to have this before you. CHAIRPERSON MATTHEWS: Okay. December 19. MR. WEIGEL: December 19. Item #7C MARK F. FREEMAN REGARDING A WAIVER OF TEMPORARY USE PERMIT FEE FOR BOY SCOUT TROOP 274 - STAFF DIRECTED TO WORK WITH BOY SCOUT TROOP TO ISSUE WAIVER OF FEE AND MAKE NECESSARY BUDGET AMENDMENTS CHAIRPERSON MATTHEWS: Thank you. Next item on the agenda is item (7)(C), Mr. Mark Freeman regarding the waiver of temporary use permit fee for Boy Scout Troop 274. MS. JOYCE: Good morning. CHAIRPERSON MATTHEWS: I don't think you are Mark Freeman. MS. JOYCE: I'm not Mark Freeman. Mark Freeman could not make it here today. I am here in his place. My name is Star Joyce, and I am here from Boy Scout Troop 274. Boy Scout Troop 274 seeks a waiver of a temporary use permit fee in the amount of $75. This is for a car show that they are going to hold on December 9th at Sam's parking lot on the corner of Immokalee and Airport Road. As you are aware, the Boy Scouts is a nonprofit organization, and Troop 274 is going to use the funds from this event to purchase various camping equipment and supplies. That is the reason we seek the waiver. Were there any other questions? CHAIRPERSON MATTHEWS: Other further questions? COMMISSIONER NORRIS: The only question is we're being asked to give a waiver and why is it on the public petition and not -- MR. DORRILL: Same reason we're dealing with some high finance issues this morning. There's no mechanism to waive. Your decision would be to ask the staff to process a budget amendment from the general fund reserves to reimburse the community development fund for the cost of processing this permit. CHAIRPERSON MATTHEWS: Last time we addressed a waiver or paying the fees in a charitable bazaar or event, I thought we had asked to have a presentation to make a resolution or something which we directed staff for mechanisms for either administratively waiving these or have it on the agenda so that we don't hear it twice? MR. DORRILL: I can't recall, but I would be happy to follow-up on that. This is sort of a historical issue. We have certain groups -- you know, I bet we don't do ten of these per year, but otherwise the board's rationale and the staff time to process these sort of permits is sound for special events. And in the event they need coordination or barricades or sheriff's deputies for larger events, then there's a good reason for that. In some cases, though, they would like to come petition the board to help save some money that they would otherwise use for whatever is always a good purpose. COMMISSIONER HANCOCK: The discussion was as a result of, I believe, the waiver of permit for signage for Special Olympics, and the concern raised at that time was that if all not-for-profits know that any event permits they need will be, in essence, funded by the county general fund, we may be opening up a door that we are going to have difficulty closing or limiting. That was the concern not directed at the Boy Scouts. MR. DORRILL: I agree. COMMISSIONER HANCOCK: I'm a little concerned about if you're not-for-profit then county tax dollars will pay your permit fees. That, I think, is a very -- you know, I was a Cub Scout myself. I think it is very worthwhile. I know what it's about, you know, just as Special Olympics was. But I'm still working on my bear badge, Commissioner Constantine. I found a way to get it, too, by the way. CHAIRPERSON MATTHEWS: Then you're not working on it. COMMISSIONER HANCOCK: But, again, I don't have a problem with doing this today. But we're going to have to develop some rational policy for handling these and for what minimum qualifications are, because I think it easily could become, you know, a thousand or fifteen hundred dollars a year that we end up spending on these. CHAIRPERSON MATTHEWS: Yeah. And I think that was Commissioner MAc'Kie's point when she said that a couple of weeks ago, because we need to have some parameters for when we do this and when we don't. Otherwise we're going to be asked to address them in a rather haphazard manner, and we may deny one when we shouldn't and give to another when we possibly shouldn't. COHMISSIONER HAC'KIE: Brilliant point. That's a brilliant point. CHAIRPERSON MATTHEWS: So I would like to see something come back. In the meantime, I would like if our -- we can direct on this particular one. Commissioner Norris. COHMISSIONER NORRIS: Well, I understand what you mean there. It seems to me that what we need, once again, is the ability to look on this on a case-by-case basis. There is a lot of not-for-profit organizations that I don't necessarily think deserves the taxpayer funded fees given to them. So we seem to have a mechanism by which we can accomplish this and that is simply to make a budget amendment. Maybe what we should do is to leave it in place where it is and, therefore, we do have the ability to look at these on a case-by-case basis and what we need to do is make a budget amendment to take care of them. CHAIRPERSON MATTHEWS: Last time we gave direction for staff to bring the budget amendment back on the consent agenda. What is the pleasure of the board today? COHMISSIONER MAC'KIE: I would like to do the same thing with this one. It's just that I wish we would develop a procedure so that we don't get ad hoc about this. CHAIRPERSON MATTHEWS: Not re-discuss it every time. COHMISSIONER MAC'KIE: Right. COHMISSIONER HANCOCK: Well, to give Ms. Joyce the opportunity to sit down, I'm going to make a motion that we direct staff to work with Boy Scout Troop 274, to issue a waiver and do the proper budget amendment for the temporary use permit. COHMISSIONER MAC'KIE: Second. CHAIRPERSON MATTHEWS: We have a motion and a second to direct staff to work with the Boy Scout Troop 274 and issue a temporary use permit and to make the proper amendments to our budget to pay the fees for them. If there is no further discussion, all those in favor, please say aye. Opposed? There being none, motion passes five to zero. Thank you, Ms. Joyce. COHMISSIONER HANCOCK: If I may, on a broader matter, is it the direction to put it on the consent agenda and then if a board member has a problem with it they can pull it to the regular agenda for discussion? CHAIRPERSON MATTHEWS: Well, but we need to give Mr. Dotrill a policy on how we want to do it. If that's what our policy is going to be, then let's do it in a formal meeting. This is a period in the meeting where we don't take specific votes. COHMISSIONER HANCOCK: I understand. I'm just trying to set a specific stage for Mr. Dotrill to bring this back, and I'm asking if that is a -- CHAIRPERSON MATTHEWS: I could support that, to see them on the consent agenda and if any of us has a problem, we pull them off. Mr. Dotrill, if you would look at that and -- COHMISSIONER HANCOCK: Or we could just leave them on the regular agenda and spend less time talking about them. COHMISSIONER NORRIS: I would prefer leaving them on the regular agenda, but that's up to the board. CHAIRPERSON MATTHEWS: Mr. Dorrill, would you take a look at what you feel is the best administrative way to handle this and give us your opinion on it? MR. DORRILL: Absolutely. Item #7D JACK POINTER REGARDING PETITION FOR STREET LIGHTS IN WILLOUGHBY ACRES - STAFF TO WORK WITH CITIZENS TO GET ADDITIONAL SIGNATURES AND VERIFY ALL SIGNATURES CHAIRPERSON MATTHEWS: Thank you. Next item on the agenda is 7(D), Mr. Jack Pointer regarding the petition for street lights in Willoughby Acres. Mr. Pointer. MR. POINTER: Good morning, Commissioners. My name is Jack Pointer. I'm a resident of Willoughby Acres. I am here this morning representing Willoughby Acres Property Owners Association. Over the last couple of years, Willoughby Acres Property Owners Association had collected about 200 signatures to have street lights installed on the intersections on Euclid and Wickliffe Avenues in Willoughby Acres. The board of Willoughby Acres Property Owners request the BCC waive the minimum signature requirements and initiate an amendment to the countywide street lighting ordinance for the purpose of providing street lighting service to Willoughby Acres. Sixteen to eighteen street lights will meet this particular request. About 500 residences use the streets to be lighted for vehicular, as well as pedestrian traffic. This installation is expected in the year 1997. Willoughby Acres' residents expect to bear the cost of maintaining and operating the street lights. This will probably be plus or minus $20 per year per residence. We request that the commission cause the staff to take the proper action to bring this matter before them at an appropriate time. Thank you very much. CHAIRPERSON MATTHEWS: Thank you Mr. Pointer. How many property owners are there in Willoughby Acres? MR. POINTER: I think that in the line to be drawn around there I think there will be around 500, ma'am. CHAIRPERSON MATTHEWS: About 500 and your petition is at 200? MR. POINTER: We have about 200 signatures, yes, ma'am. COHMISSIONER NORRIS: Does that represent 200 separate property parcels? MR. POINTER: No, just individuals. COHMISSIONER NORRIS: Do all 200 live on one property? MR. POINTER: The probability is that one person lives in a residence, but it might be that two people live in one residence. When -- we spent 17 years getting the number of signatures necessary to put the drainage system in, and it just takes a little while, and we're confident that we will find no difficulty as far as the opposition to the thing. And this has to go through a process of a couple of years before those street lights can go in. There would be one on each intersection is what it would be. Thank you very much. CHAIRPERSON MATTHEWS: Thank you, Mr. Pointer. Mr. Weigel, are there any legal difficulties to waiving this and not having those standard 50 percent plus one? MR. WEIGEL: Well, that's one of the considerations. The board really has the option of determining if it wishes to go with a 50 percent plus one or not. They're in the ordinance. In the street lighting ordinance, there is a provision for that, but the board could overcome that by a determination of the particular petition before it. Another consideration, Neil or staff may wish to chime in, is the capital of construction of street lighting which typically is not a part of the countywide street lighting district. It is usually maintenance once the capital improvements are in, and then it's brought in to the county -- call it the countywide street lighting district -- and, therefore, you don't have people already on line in the countywide street lighting district paying for capital improvements for those who have not already paid that cost. I think that may be a more important consideration for the board this morning. MR. DORRILL: Those are the only two issues that we have. The board's current policy says that you need to have at least half of the residents sign a ballot petition, and in this case they're fairly short of meeting that requirement. My suggestion would be perhaps to either ask Mr. Pointer to extend their petition time to see if they can't go back out and shake the trees and get 51 more signatures that are valid. The other concern that we have is the fact that they're asking for, again, another waiver that does not exist, because they want everyone else in the county to build and install their street lights. And to my knowledge we have never done that before. So it would be a little hard to turn around and tell the people in Victoria Park or Naples Park or Vanderbilt Beach, just within that district in the area, you had to pay to install your lights, but now you're also going to have to pay a small portion to install lights in Willoughby Acres. I understand what they're trying to do. But if we can come up with a different mechanism to allow them to install their lights, then it would be automatic for them just to pay the same proportionate cost to pay the annual maintenance and electricity to own those lights. But that waiver is different enough that I at least feel compelled to mention it to you. CHAIRPERSON MATTHEWS: Commissioner Hancock. COMMISSIONER HANCOCK: It seems to me the proper procedure there would be to decide whether by petition or board action an MSTU is established for the construction, the capital improvements of the installation of street lights. Then the cost of annual maintenance and operation of those would fold into the MSTU; is that correct? MR. DORRILL: That's currently what your policy says. You build them, and then the Board of County Commissioners will own and maintain them in perpetuity. COMMISSIONER HANCOCK: The exception this board made in Naples Park and, Commissioner Constantine, you and I had this discussion at that time, because of the fact there were 3,500 property owners that there were probably somewhere around eight or nine hundred properties outside of the physical confines of Naples Park that were part of the taxing district and the high seasonality of the area. Those all combined to create a very unrealistic situation but obtained 50 percent plus one of signatures. Willoughby Acres, on the other hand, does have some seasonality to it, but there are a lot of families and mostly year-round residents. Is that correct, Jack? MR. POINTER: Yes. COMHISSIONER HANCOCK: Mostly year-round residents. I think with a little help from producing a list -- I just did a quick figure, Jack. You could probably do it by mail for about $160 and get out to everyone and get responses from everyone. I would just really like to see that effort pursued a little more fervently before the board takes on an MSTU for the simple reason that neighborhoods of similar size had to go through the same steps. And I don't think it will take 17 years this time. But rather than just committing today to establish an MSTU, I would like to see if there are ways that we can help Mr. Pointer get to the residents in Willoughby Acres a little bit better, a little more efficiently so we can cut down on that time and see if we get that 50 percent plus one. That makes things a whole lot smoother for everybody. CHAIRPERSON MATTHEWS: Let me ask this question, because we probably have a time limitation problem. The MSTU that we're discussing doesn't currently exist and in order to tax the citizens in this area next fall, we have to establish that by December 31 of this year; is that correct? MR. DORRILL: It is, but there is a mechanism, and we have in the past created districts after January knowing that we wouldn't have the available money until the following year where the board went out and then had a tax anticipation note or a small draw against -- I can't imagine it's going to cost a lot of money to build or install 16 to 18 street lights. And then you can make that up in subsequent years. And so we can get them on a little faster schedule than telling them, I'm sorry, it's after December 31st you're going to have to wait until 1997 before we can create your district. We can do it quicker than that. CHAIRPERSON MATTHEWS: That was my concern, because the question of the street lights in this area has been something that's been discussed for five or six years now, and they have worked at this for quite some time. And they're apparently stymied at getting only 200 signatures when they need 250 or 260. So if we can create it and do some tax anticipation notes, fine. I can agree with that. Commissioner Norris. COMHISSIONER NORRIS: Still I have the question that if we have 200 signatures, we need to know how many properties that represents. We need to have 251 properties represented, not the signatures. CHAIRPERSON MATTHEWS: So that's true, and I imagine that the petition would have to go to Mrs. Morgan for verification and so forth. Is there other discussion on this? COMHISSIONER HANCOCK: I would agree with that. If you gave me all the rope that I needed to hang myself in Naples Park, and I will reciprocate in this situation. CHAIRPERSON MATTHEWS: I didn't realize we were hanging each other. But, anyway, Mr. Dotrill, is that adequate direction to work with the citizens to see if we can't get the additional signatures and verify that they're property owners and so forth? MR. DORRILL: We, in fact, received this morning a very nice letter from Nancy Dykes, who is president of Mr. Pointer's association. I think we can contact her and even send staff up there and maybe have a series of meetings or a meeting in someone's home to get people from throughout the community -- you know, it is a fairly large subdivision -- and try to bring some organization to getting the last 51 signatures. I don't think that's going to be a difficult thing to do. CHAIRPERSON MATTHEWS: Good. direction we will take on that. your neighbors. Thank you. I guess that's the Hr. Pointer, we'll be meeting with Item #882 REQUEST FOR BOARD DIRECTION ON EXTENSION OF ROADSIDE SWALE ENCLOSURE MORATORIUM IN NAPLES PARK SUBDIVISION - CCPC TO HEAR ITEM ON DECEMBER 7 AND BCC TO HEAR ITEM ON DECEMBER 19, 1995 Next item on the agenda is item 8(B)(1) to request the board to give direction of extension of roadside swale enclosure moratorium -- 8(B)(2), I'm sorry -- and the Naples Park subdivision. Mr. Boldt. MR. BOLDT: Good morning. For the record, John Boldt, your stormwater management director. There comes a special condition in Naples Park drainage project with the Florida Department of Environmental Protection permit. An ordinance that is currently in place prohibits the practice of property owners in closing their roadside swales with culverts in Naples Park. And that moratorium is going to expire at the end of December -- December 31st. A recent board action has delayed any final decision of the Naples Park project until after the first of the year. So in order to keep our options open on this project and not invalidate our FDEP permit, staff is recommending that you give us direction on drafting the necessary ordinance and extend the moratorium for another year to go through the public hearing process that would be necessary to do that. And also should there be a short brief period of time between when the permit -- when this ordinance expires and the new one goes into place, that we direct the planning services not to issue any more permits for enclosing the swales during this short period of time so that it would not invalidate it. We have some questions about the public hearing process and your wishes here concerning new procedures. It's not real clear to staff, at least from my point, the type of the meetings we have and what time of day they would be. In the past it's been through the planning commission and then through your board twice at the 5:05 meetings in the evening. I think under the new policies -- I look to David Weigel to give us some direction -- I don't think that's necessary. I think that on your call it could be simplified. COHMISSIONER HANCOCK: On that point -- and I bought that up in the meeting last week -- the recent change in our Land Development Code requires only one evening hearing, but we said we would continue the practice of two. This item, however, has been heard and extended and heard and extended. I think only -- I think one evening here would be sufficient on this particular matter, for my two cents. The other question is, Mr. Boldt, we had a 90-day period for what I am going to call the final decision on Naples Park drainage to come back, and that would occur sometime in early January? MR. BOLDT: Late January. COHMISSIONER HANCOCK: Late January, okay. If the decision at that time is not to move ahead, my motion, if that were to happen, would follow that we lift the moratorium immediately. And is that a possibility? MR. BOLDT: I'm sure that we could -- confident that the ordinance could somehow have that language in it. COHHISSIONER HANCOCK: So that's what we're talking about, a 30-day extension, not a full year because the decision is going to be made in January, and that decision is not to move ahead, and we're going to lift the moratorium on it. If the decision is to move ahead, then the moratorium would stay in place regardless. Does that frame it correctly, Mr. Boldt? MR. BOLDT: That is correct. It sounds good. CHAIRPERSON MATTHEWS: Can we word the extension or this issue in that manner? MR. WEIGEL: Yes. A date certain would be preferable or an event. We can word it either way. MS. STUDENT: For the record, Harjorie Student, assistant county attorney. I wanted to bring to the board's attention that I have listened to the tapes from the LDC meeting, and the motion was to approve the changes. So what is in the LDC is the requirement of one hearing. It can be during the day or at night. And when we did the LDC again, if it's the pleasure -- because there was discussion but there was no final vote on whether it was going to be two nights or one night it was discussed. And like I said, the motion was to approve the changes to the LDC. So we can bring it back and make it a one-night hearing. Then you have the flexibility to have a one-day hearing or a one-night hearing. So, again, it is your call on that presently. COHMISSIONER HANCOCK: With that being the case and the matter in which this item has been heard, and we're really talking about a 30-day extension, I am comfortable with putting it on the regular agenda at some time in the month of December. And I will make a motion that we go ahead with one daytime hearing on a regular agenda for the moratorium. That is it. COHMISSIONER CONSTANTINE: I will second that. CHAIRPERSON MATTHEWS: We have a motion and a second. MR. WEIGEL: Madam Chairman. CHAIRPERSON MATTHEWS: Mr. Weigel. MR. WEIGEL: This ordinance, however, has always gone through the CCPC first. And with their advertising requirement, we would not meet our last regularly scheduled board meeting of December 19th. We could bring it either at the first meeting or the first regular public hearing meeting of January. That is why Mr. Boldt had mentioned that there might be a brief hiatus during the latter part of the holiday season. There would probably be very little permit requests anyway at that time. But there may be a hiatus between when the CCPC has had its meeting in mid or late December and when the board would hear it subsequently. CHAIRPERSON MATTHEWS: Commissioner Constantine. COHMISSIONER CONSTANTINE: Is there some other opportunity to declare an emergency or some unusual declaration in order to go ahead and move this so that we don't even by mistake have a permit issued? MR. WEIGEL: There is -- John or Harjorie can tell me the date that the CCPC will be meeting. And, in fact, about three years ago we had to do that very thing on this very ordinance on one of its extensions. COHMISSIONER CONSTANTINE: Because as Commissioner Hancock mentioned, this isn't exactly new news. This is something we've talked about annually and talked about over and over and over. CHAIRPERSON MATTHEWS: Again and again. COHMISSIONER HANCOCK: I will amend my motion to direct staff to bring this item back to us at the earliest possible point no later than December 19, if I can hear from Ms. Student that it could be legally possible. MS. STUDENT: The CCPC meets the 7th of December and also the 21st. I think we're trying -- we can't meet the advertising requirements for the next CCPC meeting which will be the 7th. Isn't that correct, David? MR. WEIGEL: That's fine. And incidentally when we come to situations like this, county attorney policy -- and I'm glad to bring it to your attention at this time -- if we know ahead of time there's going to be an emergency ordinance situation with the inability to give a full statutory advertisement -- we're advertising anyway, so it may have less than ten days before that meeting. But we will have gone beyond any minimal statutory requirement for an emergency ordinance anyway to give the public and any interested party the best possible notice anyway. And we would do that in this case. CHAIRPERSON MATTHEWS: Were asking the CCPC to hear this item as an emergency item. MR. WEIGEL: Well, I don't know that we're asking them to hear this emergency item on the 7th. COHMISSIONER HANCOCK: That's the advertising difficulty, if I understand. MS. STUDENT: Yeah. I believe the advertising difficulty is the result of the planning commission meeting on the 7th, and there's a 15-day advertising requirement for that. MR. WEIGEL: But it's the board's advertising difficulty, correct, not the -- not to hear it before the CCPC? MS. STUDENT: Well, I was under the impression that we would not be able to meet the advertising requirements for that December 7th meeting. MR. WEIGEL: Okay. Either way. The policy is analogous. We provide and can provide advertising. It may not be the 10- or 15-day requirement, but there will be advertising so that the public interested persons will have the best possible notice available. And we will adhere as closely to a regular statutory type of advertised hearing that we can, although technically it's an emergency. CHAIRPERSON MATTHEWS: Would it be appropriate for this board to ask the CCPC to hear this item on an emergency basis so that we make it clear at this point they're going to hear it? MR. WEIGEL: I think it's appropriate for you to create that record, and then they can act appropriately. COHMISSIONER HANCOCK: Okay. I will restate my motion that the board direct the Collier County Planning Commission to hear this item on an emergency basis at their December 7th meeting and at a subsequent board hearing on December 19th. CHAIRPERSON MATTHEWS: Does the second accept the new motion? COHMISSIONER CONSTANTINE: Yes. CHAIRPERSON MATTHEWS: We have a motion and a second to give staff direction and the planning commission direction to hear this item on an emergency basis at the December 7th meeting and to bring it back to this board on December the 19th. If there is no further discussion, all those in favor, please say aye. Opposed? Motion passes five to zero. Thank you, Mr. Boldt. Item #883 BID NO. 95-2438 FOR CONSTRUCTION OF FOUR-LANING IHPROVEHENTS TO VANDERBILT BEACH ROAD (HAMMOCK OAK DRIVE TO AIRPORT-PULLING ROAD) - AWARDED TO APAC-FLORIDA, INC. Next item on the agenda is 8(B)(3), award bid number 95-2438 to APAC for the Vanderbilt Road. Mr. Gonzalez. MR. GONZALEZ: Good morning, Commissioners. Adolfo Gonzalez with your office of capital projects management. Back in November of last year you directed staff to expedite the design of the Vanderbilt Road project so that we could get under construction as quickly as possible. I think we have done that and accomplished that. We have received six bids in October. The prices range from 5.9 million to 6.9 million. The apparent low bidder, APAC of Florida, is below our construction estimate for both the roadway portions and the utility portions of the road. A couple of key points you may be interested in. One is we are directing the contractor not to do any work west of U.S. 41 until after April 15th so we can get by this season without a lot of disruption. The contractor has indicated to us he is confident that he can do that work west of U.S. 41 during the summer months of this year and not actually encroaching into the next tourist season. The other item is the Hickory Road, Casino Road vicinity. We're not doing any work on Hickory Road until we get at least two lanes of traffic open between U.S. 41 and Goodlette-Frank Road. And we worked out the sequencing of the contractor amenable to efficiently operate his equipment and move his materials without affecting that area. We also have some right-of-way consideration we're trying to rap up in that area so that both of them work well. CHAIRPERSON MATTHEWS: Commissioner Hancock. COHMISSIONER HANCOCK: So you said there would be no closure on Hickory until two lanes are completed? MR. GONZALEZ: Yes. COHMISSIONER HANCOCK: And what time frame would those two lanes be completed? MR. GONZALEZ: We have an interim milestone date in the contract. The contractor is required to have two lanes open to traffic between 41 and Goodlette-Frank Road within seven months after the notice to proceed with a no-later-than date of July 31st of next year. COHMISSIONER HANCOCK: Okay. So by July 31st of next year, two lanes are open, and the work can begin that involved Hickory? MR. GONZALEZ: Yes, between Casino and US41. They can start work prior to that, but they have to have-- can only work when they have two lanes open. COHMISSIONER HANCOCK: The drop-dead date is July 31st? MR. GONZALEZ: Yes. CHAIRPERSON MATTHEWS: Commissioner Constantine. COHMISSIONER CONSTANTINE: You mentioned there wasn't to be any work done west of 41 until when? MR. GONZALEZ: April 15th. COHMISSIONER CONSTANTINE: What work is being done west of US41? MR. GONZALEZ: We're building a six-lane section and the intersection, and that goes with tapers out of U.S. 41 west to Hammock Oak Drive. And we're not doing any work west of Hammock Oak Drive per your previous directions. CHAIRPERSON MATTHEWS: Hammock Oak Drive is where the new park is? MR. GONZALEZ: Just east of there. It's the last entrance to the Pavilion, the western-most entrance. CHAIRPERSON MATTHEWS: motion? COMMISSIONER HANCOCK: 95-2438. COMHISSIONER NORRIS: CHAIRPERSON MATTHEWS: award bid number 95-2438. Further discussion? Is there a Motion to approve bid number Second. We have a motion and a second to Any further discussion? All those in favor, please say aye. Opposed? Motion passes five to zero. Item #8B5 RESOLUTION 95-654 AUTHORIZING THE ACQUISITION BY GIFT, PURCHASE OF CONDEMNATION, THE EASEMENT INTERESTS FOR ROAD RIGHT-OF-WAY, DRAINAGE, UTILITY AND MAINTENANCE PURPOSES FOR THE PROJECT PARCELS REQUIRED TO COMPLETE THE FOUR-LANING ROADWAY IMPROVEMENTS FOR C.R. 951 PHASE II FROM RATTLESNAKE-HAMMOCK ROAD TO DAVIS BLVD. - ADOPTED Next item on the agenda is 8(B)(4). This is the beach renourishment item added on, change order number 1. We don't have any information in our packet. MR. GONZALEZ: I apologize for that. We need to get you -- not even the executive summary? CHAIRPERSON MATTHEWS: The beach renourishment change was a total add-on. MR. GONZALEZ: I apologize for not giving copies to you. It was -- MR. DORRILL: It was distributed with the change list. It had a funny looking cover on it like this. It was attached to the morning change list. And if you don't have it, we'll skip this and make you some copies because I'd like for you to be able to have it. Apparently not, so we'll make some real quick. CHAIRPERSON MATTHEWS: Can we skip over this item and get some copies and then come back to it? Next item is item 8(B)(5). This is the Rattlesnake Road item that came off of our consent agenda. Mr. Gonzalez. MR. GONZALEZ: Yes. This is for County Road 951, the second phase north of Rattlesnake-Hammock Road. The request of that is for approval by acquisition by gift, purchase, or condemnation of the road right-of-way, drainage, utility, and maintenance easements for the subject roadway as described in the exhibits. Staff has reviewed alternative locations and farm road considerations, cost factors, health and safety and welfare considerations and, hopefully, you as a board will find that the most feasible cases of what is shown on the attached exhibits -- staff's recommendation is that you approve a resolution to allow us to secure by either gift, acquisition, or condemnation the road right-of-way, drainage, utility, and maintenance easements. COMHISSIONER NORRIS: Mr. Gonzalez, this was pulled out at the staff's request. What is it that you want that we couldn't do on the consent agenda? MR. GONZALEZ: My understanding is that it's customary that when you include condemnation in the resolution that it has to be a regular agenda item for your discussion. COHMISSIONER NORRIS: Motion to approve. COHMISSIONER HANCOCK: Second. CHAIRPERSON MATTHEWS: We have a motion and a second to approve item 16(B)(5), a recommendation that the board adopt a resolution -- COHMISSIONER NORRIS: CHAIRPERSON MATTHEWS: COHMISSIONER NORRIS: CHAIRPERSON MATTHEWS: the item? Excuse me, it's 16(B)(3). 16 (B) (3), S (B) (5). Right. Is there further discussion on There being none, all in favor, please say aye. Opposed? Motion passes five to zero. Thank you, Mr. Gonzalez. Item #8B4 CHANGE ORDER NO. 1 TO CONTRACT NO. 95-2425, COLLIER COUNTY BEACH RESTORATION PROJECT - APPROVED We have the information now on the amendment to the contractor for the beach restoration project. It is a rather short item and if we can just take a minute or two to review it, we'll vote on it. COMMISSIONER HANCOCK: Mr. Gonzalez, when this project bid came in, how much underneath our estimate was the total project bid? I know it was under estimate. How much? MR. GONZALEZ: The estimate was 11.4 million and the bid came in at 8.9 million. COMMISSIONER HANCOCK: Okay. I'm talking about the first number. MR. GONZALEZ: Eleven point four mil was the construction estimate. COMMISSIONER HANCOCK: Okay. This was for 300,000 additional cubic yards of material? MR. GONZALEZ: Yes. The board awarded the contract in September. We received the original permits in October. One of the stipulations was that over-boarded burden from one of the borrow areas be laid at a certain elevation or deeper. COMMISSIONER HANCOCK: Right. MR. GONZALEZ: And, essentially, we're building a double-layered base in that area. And it's the cost of having the contractor make two passes in the area versus one pass. So there's additional days and the estimated increase is what would cost them at his current unit prices to make that second pass. COMMISSIONER HANCOCK: This is the Vanderbilt Beach area, because the upper material in that borrow area is a little more shelly, that's got to be laid as a base material, and then the more sandy granular material is on top? MR. GONZALEZ: That's correct. COMMISSIONER NORRIS: Mr. Gonzalez, wasn't this project bid as such originally or not? MR. GONZALEZ: Unfortunately not. We had had discussions with the permitting agency. We tried to convince them that the process of excavating materials from the borrow area, circulating it in the barge, and then placing it back on the beach, that their concern with the higher shell content, all of that, would have been mixed in with a larger volume of material, and that problem should have gone a way. We were not successful in proving that argument to the agencies, so they want us to take one step further and stipulate that. We have taken that extra burden and put it below, I think, with an elevation at one and a half. COMMISSIONER NORRIS: Motion to approve. COMMISSIONER HANCOCK: Second. CHAIRPERSON MATTHEWS: We have a motion and a second to approve change order number 1 for the beach renourishment project. Is there further discussion? There being none, all those in favor, please say aye. Opposed? Motion passes five to zero. Thank you, Mr. Gonzalez. Item #SD1 AMENDMENT TO LEASE AGREEMENT FOR THE CONTINUED USE OF THE SHERIFF'S MAINTENANCE GARAGE AND FUELING FACILITY - APPROVED Next item on the agenda is -- this is an item moved, Commissioner Constantine, from the consent agenda. It's now 8(D)(1) on the sheriff's maintenance garage. COMHISSIONER CONSTANTINE: A recommendation that the Board of County Commissioners approve an amendment to a lease agreement. And in here somewhere -- and there it is, I have it circled -- both the sheriff's office and the lessor are desirous of extending the lease term for an additional term of not less than three years. And I know we've talked about having a facility on these landfill sites, and I didn't know what our construction time frame was. I just wanted to make sure if we're going to be four years before that's done, we can let them know, and if we're going to be in two years, we'd hate to have them -- MR. CONRECODE: For the record, Tom Conrecode from public works. This lease is consistent with our time frames assuming that the budget -- that the board approves in the budget construction dollars that is consistent. COMHISSIONER CONSTANTINE: Motion to approve the item. COMHISSIONER HANCOCK: Second. CHAIRPERSON MATTHEWS: We have motion and a second to approve item 8(D)(1). Is there further discussion? All those in favor, please say aye. Opposed? Motion passes five to zero. Item #BE1 REVISED GUIDELINES FOR TOURIST DEVELOPHENT CATEGORY C GRANTS AS RECOHMENDED BY THE TOURIST DEVELOPMENT COUNCIL - CONTINUED FOR ONE WEEK Next item on the agenda is under the county manager's report, item 8(E)(1) which is to adopt revised guidelines for tourist development category C grants. MS. GANSEL: Good morning, Commissioners. Jean Gansel, from the budget office. The board had suggested that the TDC review the guidelines and the application process for category C, because we have been having some difficulty with people complying with the guidelines. The TDC formed a subcommittee who looked at the existing guidelines and proposed revisions to simplify the process to make the application a little less cumbersome. And they brought this forward to the full TDC. The TDC did unanimously recommend that these revised guidelines be brought forward. Some of the changes that the TDC is recommending to you is to eliminate the not-for-profit and the matching funds. They also have requested that instead of annual allocations that we look at quarterly applications because events do come up throughout the year and this gives them a better opportunity to prepare a full application with all of the information that they have. One of the other elements that they would like for the board to consider is to amend the ordinance and to allow category C funding that is not allocated at the end of the fiscal year to roll over to category B, which is the advertising and promotion. That would only be done at the end of the fiscal year, and it would be allocated to the next fiscal year for category B applicants. CHAIRPERSON MATTHEWS: That was the item, I believe, that the subcommittee came back with that the board had not specifically asked them to look at. And I would like to ask this board that if that is something that is difficult to approve these revised guidelines, that we continue this one week because the representatives from the Tourist Development Council who are in support of this change would like to have the opportunity to discuss it. Commissioner Hancock. COHMISSIONER HANCOCK: First of all, that's going to be a little bit difficult for me to discuss, not because I think it's a totally bad idea. I have two concerns. The first is that the funding request exceeding $500,000 require six affirmative votes of TDC members. If I am correct then that means that any petition could not even make it to this board over $500,000 unless it got six votes by the TDC. CHAIRPERSON MATTHEWS: Yes, it can. COHMISSIONER HANCOCK: That was my question. I want to make sure this is not intended as a mechanism to keep something from getting to this board if six members of the TDC do not approve it. MS. GANSEL: Okay. But that is an existing guideline the way it is now. That would be that we would have to have six votes to have an affirmative recommendation to the Board of County Commissioners. Applicants that do not receive favorable recommendation from the TDC can request to come to the board. COHMISSIONER HANCOCK: Okay. So that doesn't change? CHAIRPERSON MATTHEWS: No. MS. GANSEL: No. COMHISSIONER HANCOCK: And my concern about the other one is that, you know, I don't mind the flexibility of being able to allocate unused category C funds to other categories whether they are B or even potentially A. I think if there is an aggregate of unused funds, and we're looking at trying to pay off the debt of a beach renourishment, if we're going to have flexibility, let's have it both ways. So I would like to have that as a point of discussion, because I'm not comfortable just saying category B. CHAIRPERSON MATTHEWS: Other -- Commissioner Constantine. COMMISSIONER CONSTANTINE: The change -- a couple of changes you mention -- what is the change in the matching funds? MS. GANSEL: That there would not be matching funds required. This was to -- again, to loosen up the guidelines to possibly allow for more applicants. COMMISSIONER CONSTANTINE: I guess I'm a little concerned with that, because we just changed maybe three or four months ago and not very long ago from a 100-percent match to a 50-percent match. MS. GANSEL: That's correct. COMHISSIONER CONSTANTINE: And I don't know that we've gone through a full application season to see if that would have any impact. So I need to have absolutely no burden on the applicant. It seems if they are looking for some money from their local government, they ought to be putting up a little of their own money along the way. The 50-percent change, I know, was to make it easier. But I would like to go through a full year and see if that works or if that doesn't or if we need to make it lower before I'm ready to say absolutely no matching funds, just come on in and get money. The second item, you mentioned, a change as far as groups no longer have not-for-profit. I think that's a great idea. I don't think it really makes -- should make any difference to us. Our purpose of this is to generate tourism in the area, expenditures by tourists in the area. And if someone happens to make a dollar bringing in a few thousand people into Collier County, that's not a bad thing. So I think that particular idea is a good one. And like Commissioner Hancock, I have a concern with the suggested change that year-end category C funds would be rolled into category B. This was attempted and failed in front of the TDC a year ago at this time, and I think maybe even once since then I'm not sure. CHAIRPERSON MATTHEWS: Yeah. There was an attempt to move $800,000 into category B. COMHISSIONER CONSTANTINE: And I don't think that's appropriate at all. I appreciate the hotels just want to get as big a piece of the pie as they can in advertising the area. However, I'd like to look at what-- if category C isn't being used, that was our purpose in changing some of the category C rules earlier this year. And, again, I'd like to go through a full season with those rules before I'm ready to say they're not working. And, secondly, if they are not working, and if we decide we're going to roll those monies or have the option to roll those monies, I would like to look at what all the options are rather than simply saying that we'll automatically go into advertising. So I agree with your points. CHAIRPERSON MATTHEWS: Commissioner Norris. COHMISSIONER NORRIS: I also have a concern with the actual wording of that recommendation in the TDC to allow category C funding to be transferred to category B. This says recommended amending the ordinance to allow the funding. That, I assume, does not mean that it's mandatory that it be rolled into category B. CHAIRPERSON MATTHEWS: That is -- MS. GANSEL: That would be correct -- my interpretation. COMMISSIONER NORRIS: So it will still take commission board action to move any money from any category? MS. GANSEL: Yes. It would take this at a minimum of budget amendment certainly to do that, and I would think some other action. COMMISSIONER NORRIS: But what we're looking for is the ability to do that through the amendment to the ordinance; is that correct? Okay. As long as it's not automatic, I think that's what is important. But also I agree that if we're going to amend that ordinance to allow that, we also need to include Category A in there, because it may be more appropriate at any given time to put it in category A or another time category B, and I want the flexibility to be able to do that. CHAIRPERSON MATTHEWS: I think that what the Tourist Development Council is trying to achieve here -- and Commissioner Norris, you're absolutely correct. We're looking for some sort of flexibility. Our attorney continues to remind us every time we want to move money around that we've collected it for the specific purpose, and we must spend it for that purpose. And the TDC is looking for a method in which it can begin to move money around if it is not being expended. And that is really all that the wording here is trying to achieve. So you're absolutely correct in what you're saying on it. Commissioner Mac'Kie. COHMISSIONER MAC'KIE: Just in case someone is trying to count votes here, I like the proposal the way it was made. I think that the concern about it being an automatic flip into category B is a valid one if it were automatic. But since it's not, I'm happy with that proposal the way it is. And I am not anxious to go through another season with the 50-percent match. I think that we have seen that this is a program that doesn't work, and let's move forward and make a bold step and not drag our feet on this. I am supporting the proposal the way it came out of TDC. COHMISSIONER CONSTANTINE: It is not another season where that changed that in the spring or summer months. This would be the first season we would have gone through the 50 percent. COHMISSIONER HANCOCK: I think moving the not-for-profit will actually open that up tremendously. Now, granted I would still like to see not-for-profits come in, because I think they stand the most to gain, and they're generally part of the community, but I think removing that is going to have a very fluid effect on how the funds are used. CHAIRPERSON MATTHEWS: I had thought when we last discussed this at a board meeting that we had wanted to see not-for-profits be able to request these funds. But we did, I think, want to see matching funds required from for-profits but not required from not-for-profits. And that's the way I kind of remembered it, that if it's a not-for-profit, matching funds are very difficult to put together. But a for-profit, if they are looking to make a profit on the thing, they certainly ought to be able to put up their money and make some sort of match. COHMISSIONER HANCOCK: Yeah. On the surface that sounds good to me. CHAIRPERSON MATTHEWS: Why don't we take a motion to continue this? COMMISSIONER CONSTANTINE: I'll make a motion we continue the item for one week. COMMISSIONER HANCOCK: Second. CHAIRPERSON MATTHEWS: We have a motion and a second to continue the item for a week so that we can rethink some of this and maybe talk to some TDC members -- my colleagues, not me. I can't. But if we can do that and investigate what the thought process is. MS. GANSEL: Also just -- I understand that there is as part of the match for profits and nonprofits, the ordinance, what we were requesting here was a direction from the board to have the county manager -- the county attorney's office prepare an ordinance. I don't know if you want to give them some direction or would you just prefer to take it all at one time next week? CHAIRPERSON MATTHEWS: It sounds like we may want to think about this in the intervening week and contact the tourist council members. COMHISSIONER HANCOCK: I don't think we're ready for amending this issue. COMMISSIONER CONSTANTINE: I have a question before we vote on the motion. I would like a chance to sit down with the TDC members between now and then. We're not open either Thursday or Friday. CHAIRPERSON MATTHEWS: You know the interesting thing is the tourist council is meeting next Monday to discuss and examine the grant applications we have received so far. It probably would be in order if the commissioners wanted to listen to a discussion amongst the tourist counsel to see if they wanted to attend that meeting at 5:30. We could even put a short discussion period on the agenda and, hopefully, answer some of these questions before next week. Does that sound -- COMMISSIONER CONSTANTINE: Sure. CHAIRPERSON MATTHEWS: Okay. Why don't we put that on the agenda -- MS. GANSEL: I will put that first thing on the agenda. CHAIRPERSON MATTHEWS: -- and perhaps the commission members could attend that. We'll do it first thing, so we won't tie their time up. Okay, thank you. With no further discussion, I'll call the question. All in favor, please say aye. Opposed? Motion passes five to zero. We continue it in one week. Item #8E3 RESOLUTION 95-655 TRANSFERRING CABLEVISION INDUSTRIES' FRANCHISE AGREEMENT TO TIME WARNER CABLE SUBJECT TO CONDITIONS - ADOPTED Next item on the agenda is 8(E)(3), a recommendation to approve the transfer of the Cablevision Industries franchise agreement. MS. GANSEL: Good morning, again, Commissioners. The council had received a request from CVI to transfer their franchise to Time Warner. The county manager has an advisory franchise committee. We've reviewed the application and had requested some additional information and had received that. The advisory board does recommend transfer, and they had been satisfied with the legal, technological, financial, and ownership data that was provided to us regarding Time Warner. We did have a couple of issues that we wanted to bring to the board's attention before they took action on this transfer. The first was in the application Time Warner had indicated a number of lawsuits that had been filed against them. We corresponded with them to ask for some assurance that the actions in the past from the lawsuit would not impact on the services that they would provide to Collier County. We have received a letter from them indicating that. Staff is satisfied with that letter and feels that pending lawsuit will not impact on their services to us. Also there is a draft of a social contract between Time Warner and the Federal Communication Commission which seeks to resolve 946 outstanding complaints against Time Warner. In the draft it indicates that Time Warner, at their option, may include any of the CVI transfers within the provisions of the contract. When we have reviewed this draft, staff does not feel as though it would be beneficial to the Collier County residents to be a part of this social contract and as part of this agreement would ask that the board request that Collier County not be made a part of the social contract. If you would like for me to go into some of the provisions of that contract that we feel would be detrimental, I would be glad to. COHMISSIONER HANCOCK: Just the name social contract scares me. MS. GANSEL: I had never heard of this. I checked -- Ms. Ashton's been working with this from the attorney's office and neither had she. It was a method of resolving rather than having to deal with individually each of the complaints, group them all together and that was the term that they used. COHMISSIONER CONSTANTINE: I would just as soon hear some of those points. MS. GANSEL: Some of the points, okay. What they have -- in the social contract it provides that Time Warner will reduce the rates of the basic service by 10 percent for their customers that are included. It also allows them to increase by that same amount or to recover any losses that they have on upper tiers. Many of the subscribers, Collier County subscribers of CVI, do take the upper tier services, so the net gain to them would be nonexistent. The other provision that we felt would not be beneficial is that Time Warner would be allowed to increase costs by one dollar a year, and also they would be able to increase their costs for inflation or costs to them. Now, according to the 1992 Communication Act, rates can only be increased by inflation or costs to the provider. So this would allow them actually to go up a little more than the Communication Act allows them to. So based on those two things, we felt as though it wouldn't be beneficial for Collier County residents to be made a part of the social contract. COHMISSIONER CONSTANTINE: Thank you. CHAIRPERSON MATTHEWS: Thank you. MS. GANSEL: Also currently Collier County is not regulating the basic rates for CVI customers. Again, the 1992 Communication Act allows local government to regulate basic rates where there wasn't competition. CVI services 30 percent of the county. Now, they're franchises for the total county. So based on that, the Federal Communication Act ruled that they were not a monopoly and so, therefore, would not -- should not have their rates regulated. The county took the position that although they have a franchise for the total county, their service area is, in effect, much smaller than that, the Immokalee and Golden Gate area. And in those areas they do not have effective competition. We have asked the FCC to reconsider their ruling. At this point we have not received a ruling on our petition for reconsideration. Just to give the board a little idea because of us not regulating the rates, in Golden Gate and Immokalee those rates are probably about 60 percent about what they would be allowed based on this form that needs to be submitted. CHAIRPERSON MATTHEWS: Did you say six-O percent? MS. GANSEL: Sixty percent, right. COMHISSIONER HANCOCK: Ms. Gansel, just to clarify, if I live in Golden Gate or if I live in Immokalee, do I have any choice if I want cable? CHAIRPERSON MATTHEWS: No, you don't have no choice other than to get the little 18-inch dish. COMMISSIONER HANCOCK: Those are only about nine hundred bucks. MS. GANSEL: No. Also one of the other things besides the rates, they also -- and with the Communication Act, you're not permitted to charge for a second outlet, and CVI does charge their customers for that outlet. So these are two areas that if the county were regulating the CVI consumers, they would not be able to have in their rate structure. Again, we request that the board consider as part of this transfer requesting that Time Warner may assist us in regulating these rates or not resist our petition to the FCC. These are some things that we would just like you to consider as part of the transfer agreement. CHAIRPERSON MATTHEWS: I'm sorry. Go ahead, Commissioner Mac'Kie. COHMISSIONER MAC'KIE: Well, I don't know if this is a question for Mr. Weigel or whom, but what is the scope of our authority? Can we tell them today we, no, we don't approve the transfer, go away? I need to know what our bargaining position is in negotiating with this company to get the rights where we'd like them to be. MS. ASHTON: For the record, Heidi Ashton, assistant county attorney. The items that you are looking at is the legal, technological, financial, ownership data concerning -- our ordinances are fairly silent on the criteria we're supposed to be looking at. I have looked at the guidelines and the criteria that the FCC looks at when they approve their consent, and that's why I recommended that we look at that criteria. COHMISSIONER MAC'KIE: If, for example, we found that today some of those criteria were not met so that we could not approve transfer, the result would be what? MS. ASHTON: That the CVI would continue to have a franchise, but we would not be approving Time Warner which is the proposed transferee. COHMISSIONER MAC'KIE: What does that look like on somebody's TV set? Is there any difference? MS. ASHTON: I guess you have to ask the cable company how they would respond to that. COHMISSIONER MAC'KIE: Is it a checkbook difference? Is it -- somebody tell me what's the effect of our decision today. MS. ASHTON: Well, Time Warner, Inc. Would be stepping into the shoes of CVI or a franchise. COHMISSIONER HAC'KIE: I understand that, but the results would be -- COHMISSIONER CONSTANTINE: Time Warner wouldn't-- but they can answer that. COHMISSIONER HAC'KIE: I guess this question is for the petitioner perhaps. MR. DUDLEY: Fred Dudley for the petitioner representing them as legal counsel. First of all, we represent CVI here this morning. We do not represent Time Warner. They are the folks that we've entered into a merger agreement with. I'm sorry that you've gotten sidetracked by a lot of these issues, but I think the information is correct. As I understand it, the county did petition the FCC. They have sole jurisdiction to decide whether or not a local entity can regulate rates, not the state, not anyone else. The FCC ruled that in these particular facts under the cable act, the county could not regulate rates. Now, that's their decision. If the county chooses to appeal it or ask for reconsideration, I don't think anybody has a problem with that. So the issue has been decided by the commission at this point that the county does not have the authority to regulate rates in this particular setting. There's a number of legal issues that have been raised here. I would submit to you that's there really only one. Under the 1987 franchise agreement, which by the way runs out in March of 1997 -- it is one that I negotiated with this county commission on behalf of CVI -- it provides specifically for transfer and assignment of the franchise. Frankly, it does not provide for and cover the exact situation we have here, because CVI stock is being acquired by Time Warner, Inc. Under this merger. CVI owns Florida Cablevision Management, Inc., a Florida corporation, which is the franchisee. So, you know, really the issue here today is is there any legal impediment to approving this transfer. The county has the discretion but they don't have -- in my view, they don't have that discretion absent federal authority. You know, the League of Cities, the National League of Cities, the National Association of Counties worked very, very hard to get the present cable act in place. And those are the provisions that are there. It's not something that we can change or this commission can change, at least not today. COHMISSIONER HAC'KIE: But my question, Mr. Dudley, was what is the effect of a denial today assuming that we review the criteria and find that they're not met. What will that look like? What is the effect on the consumer? What will happen? MR. DUDLEY: If the transfer is not approved, then CVI will continue under its current franchise until it expires and, you know, will continue providing the same service. So I don't think the consumer will see any difference if you deny the application. CHAIRPERSON MATTHEWS: And CVI will continue to resist our petition to the FCC that you be regulated? MR. DUDLEY: They will continue to oppose local regulation under the federal law whether they win, lose, or draw, just like the county, I'm sure, will continue to pursue their options. And I think that is fair. And we can't -- I don't believe it would be appropriate today for us to negotiate this transfer. We've either met the criteria and filled out the proper paperwork and gave you the proper disclosures or we have not. And to my knowledge the only issue that is outstanding is an audit which is currently ongoing, that we have to come to terms on with the county, and we have to reach a settlement on that. But I know of no other issue, and, certainly, this issue of rate regulation is a loss leader. You can either regulate rates or you cannot under federal law. CHAIRPERSON MATTHEWS: Commissioner Constantine. COMMISSIONER CONSTANTINE: Ms. Ashton, there are obviously some concerns with rate regulation among other things, but is the more appropriate time to deal with that in the franchise renewal time period? MS. ASHTON: I believe, yes. COMMISSIONER CONSTANTINE: We're due to make a decision on that in 14 or 15 months anyway, because that is when their current franchise agreement expires, I believe. MS. ASHTON: I believe that part of the reason to raise some of these issues is for informational purposes so the board knows what is going on since we don't appear before the board that often on cable matters. So I think that staff has advised that the requirements that they're required to meet and are recommending you approve the transfer subject to a couple of items that are mentioned on the resolution. COMMISSIONER CONSTANTINE: No. My question, though these other issues that are being raised are more appropriate for when we negotiate a new franchise agreement or we don't with either CVI or Time Warner, is there a more appropriate forum than this to deal with those specific issues. MS. ASHTON: Possibly. We are awaiting a response from the FCC on our petition for reconsiderations, so that will resolve some of these issues concerning rates. MR. DORRILL: Short of voluntary compliance, and I think Mr. Dudley has already adequately answered that question, there is really no incentive for them to voluntarily agree to local rate regulation in the final year of their franchise. Then, yes, Commissioner, when we hope to leverage a better position would be when we sit down next year. There is one main consideration that we are recommending subject to approval, and that is the one concerning the audit as being done by the clerk's office. I don't know whether or not that is pertinent to discuss here today, but until we get satisfaction between myself and Mr. Mitchell as acting financing director, that would be the primary condition we are concerned about. CHAIRPERSON MATTHEWS: I just had a discussion yesterday with the clerk and Mr. Mitchell regarding the audit. And the difficulty -- it appears that the difficulty in completing the audit is not with the local franchisee but with New York with Time Warner in obtaining adequate data. So if it's Time Warner or the New York office that is creating the difficulties in completing the audit and assessing up to a hundred thousand dollars worth of franchise fees, then what behooves us to accept the transfer if they're not going to cooperate? MR. DORRILL: Well, I think there may be an administrative remedy there. Failure to get into administrative remedy would mean we'd be back in front of the board, and that's what both Mr. Mitchell and I are going to have satisfaction as to what the accrued and unpaid franchise fees are or whether we are going to have to come back here and argue that in front of the county commission. MS. ASHTON: And there's a provision in the resolution that they have until December 20 to resolve the 1990 -- the '91 financial statement issue to come to a negotiated settlement with the county and if they failed to do so, this resolution shall be null and void. So they have 30 days to come to a resolution. MR. DUDLEY: Madam Chairman, if I could on those two points. First of all, let me clarify, Mr. Dotrill, what I said. What I said was we cannot stipulate to your jurisdiction or your lack of jurisdiction. COMHISSIONER MAC'KIE: You could lower your rates. MR. DUDLEY: Well, we cannot stipulate to any rate regulation where the jurisdiction is not confirmed by federal law. Federal Law governs us. They are other issues, Mr. Dotrill, that you're well aware of that where we would like to make some changes that the county has requested, and we will make them if Federal law allows us to. But our franchise agreement requires, and I think the law otherwise requires, that we comply with the Federal laws and the FCC regulations. So this is not a matter of you want us to agree and we won't. We can't. That's a decision the FCC will make. We have no problem with the county pursuing whatever legal remedies they have. I'm not sitting here today saying, you know, we want you all to agree not to pursue it. That's not part of our application. With regard to the audit, this is with CVI. And, again, I do not represent Time Warner. And in the draft resolution -- frankly, while I have no problem with your consent being subject to all of the existing regulations and ordinances, here is what I would suggest to you on paragraph 3 of the draft. First of all, we should have within 30 days of completion of the audit -- we're not doing the audit; the county is. We ought not have a date in here. And I just spoke to a gentleman who, I guess, is doing the audit. He may still be here. He indicated to me that he thought he would have a report for the county a week from Friday. It's not my job to speak for him, but that's what we were just talking about. What I am saying is we don't have any control over when the county audit is completed. And I don't want a date in here where we don't have time to negotiate a settlement. So my first point is we would like 30 days from the date the county has completed their audit to have this -- you know, 30 days within which to negotiate a settlement. And I think that is only reasonable. Second of all, frankly, while it makes a lot of sense from perhaps the staff's point of view to protect the county, to make this resolution null and void if we don't pay a negotiated settlement means that there's really a gun to our head. What I would suggest we say that if we have not paid -- we have not reached a settlement within 30 days of the audit, let us pay the money into escrow or let us pay it to the county exactly what the county alleges is owed but allow us to pay it under protest so that our legal rights are preserved and the county's legal rights are preserved. But to hinge the entire consent on what may or may not happen 30 or 40 or how many days down the road, frankly, is unfair. CHAIRPERSON MATTHEWS: Commissioner Hancock. COMMISSIONER HANCOCK: With the exception of your last comments, Mr. Dudley, we have gone somewhat far afield of what has been put on the table today. I agree with Commissioner Constantine and Mr. Dotrill that when we negotiate the overall contract is a more appropriate time for the question of rate regulations. And, Commissioner Mac'Kie, I don't think we're getting a voluntary reduction here today, but I appreciate the effort. The question that I have and two concerns I have may be needed -- may need to be answered by someone from Time Warner. When I see something that says 946 outstanding complaints that result in something entitled a social contract, I am concerned about bringing a provider with that record into this community. So I need to know what that means, 946 complaints that you could not resolve, and I want to know what the social contract is and why there is a need for it. MR. GUNTER: Madam Chairman, Commissioners. My name is Rich Gunter. I'm the director for governmental relations for the Florida region of Cablevision Industries. My business address is 1655 State Road -- COMMISSIONER HANCOCK: You're not with Time Warner? MR. GUNTER: I'm not. But I can answer part of your question. Time Warner has nearly 10 million customers. The 900 complaints are a form that is filled out by customers and submitted to the FCC saying we think our rates for the cable tiers are too high. Out of 10 million customers to have 900 of those filed is, frankly, a fairly good record. And that is where the 900 and some-odd number come from. And that is what the FCC is seeking to settle in one fell swoop by coming up with an agreement with Time Warner that would take care of all the matters throughout their system. As far as raising -- the one point that the Chairman was discussing a moment ago was the information from 1990-91 on the audit. That's Cablevision Industries information, not Time Warner's. Time Warner doesn't even have that information and won't have it until the closing of the transfer takes place. Cablevision Industries actually has that information. It is very difficult to get to, and what our auditors -- our accountants and your auditors are trying to work out is some ways of interpolating the information from ninety-two, -three, -four, and -five and then just going back and saying we both agree that the '90 and '91 information is approximately this, and we will pay it. It is not a matter of not paying any of the franchise fees. We understand that some will probably be owed. Paying it is not going to be a major problem. There is always discussion about points and how the calculations were made and where the information came from. And we would like time to work that out. I hope that answers your question about the 900 complaints. COMMISSIONER HANCOCK: With the exception of this social contract, does it involve more than rate discussion? MR. GUNTER: Yes, it does. And raising -- the point was made that Time Warner would be able to raise its rates by a dollar a year. That will only occur in the areas where Time Warner expands its services. If they don't expand their services, the rates will not go up. They will have to expand the system. That is if they have a system that provides 550 megahertz of service or less, they will have to raise the system to a level where it can provide that broad a band. That means they would have ability to provide more channels. Cablevision Industries, this system here is a very big -- that is we have a lot of channels compared to most of the cable systems throughout the country. What we're looking to do here is to make a change in ownership two levels away. Florida Cablevision Management Corporation will continue to hold the franchise here. All the rates and the obligations stay in place. The franchise fee obligations, whatever they might be, will be settled by the FCC when they make their decision pending the petition that the county has filed before them and also whatever conditions are made when the franchisee fee is due. COMHISSIONER HANCOCK: You said that the social contract does involve more than rate discussion, but you didn't elaborate as to what that is. MR. GUNTER: I'm sorry. It does relate to them expanding the level of service. Mostly it is about rates, but it does talk about Time Warner building more expanded cable systems. COMMISSIONER HANCOCK: Okay. So we're not talking about programming? MR. GUNTER: Programming will not go away. They have the ability to provide more programming. CHAIRPERSON MATTHEWS: Of the 946 -- yeah, programming. He's talking expansion of service. Commissioner Constantine. COMHISSIONER CONSTANTINE: When you talk about expansion of service, are you talking about service directly to the customer, an expanded cable product, or are your talking about expanded -- MR. GUNTER: That and more. COMHISSIONER CONSTANTINE: -- cable franchises. What does expanded level of service mean? MR. GUNTER: If I have a pipe that will bring you a thousand gallons of water a minute, I'm talking about expanding that pipe to bring you 5,000 gallons of water a minute. COMHISSIONER HANCOCK: More channels. COMMISSIONER CONSTANTINE: So instead of 60 channels -- MR. GUNTER: When I'm talking -- COMMISSIONER CONSTANTINE: The CVI service is primarily the Golden Gate area and points north of that. I think Commissioner Matthews and I are the only ones that are CVI customers. There are certainly questions about level of service. There are certainly questions about price. And those questions are valid or those concerns are valid, but I don't know if this is the forum in which we can address those. Ms. Ashton, you said they have met the technical means required for a transfer. Frankly, our staff has been extremely thorough when we've done the Colony, now Continental Cablevision work, when we did the Marco Island Cable work. I don't think any of you all made it easy along the way. If anything, we made higher hurdles for the cable companies to meet. So I have some level of confidence if you all say they have met the technical means for a transfer that they have met the technical means. I don't have any trouble with the transfer to Time Warner, particularly after the explanation that Commissioner Hancock questioned. I will have a number of questions, and perhaps we can head some of these off when we meet sometime early in the new year. But if you all intend to pursue a further franchising agreement in March of '97, there are a number of specific concerns that I have, and it sounds like some of the other board members do too. That discussion isn't for today, but that discussion isn't going to go away either. So I'm comfortable. I'll go ahead and make a motion that we approve the transfer, but I do want to note that we'll have some discussions as far as the franchise agreement. COMHISSIONER MAC'KIE: I will second the motion. I agree with what Commissioner Constantine said. I am looking forward to that future discussion, but I will withhold it for today, because it doesn't appear to be appropriate. CHAIRPERSON MATTHEWS: I would like to ask the motion maker if his motion includes the conditions stated in our -- COMMISSIONER CONSTANTINE: Yeah. That needs to be subject to the points Ms. Ashton raised, particularly the clarification on the audit. COMMISSIONER MAC'KIE: As does the second. MS. ASHTON: For a point of clarification, did you want the null and void language as is -- as staff has recommended it? CHAIRPERSON MATTHEWS: I would like it to have to come back if they don't settle the audit. MS. ASHTON: Okay. And also the attorney for CVI has requested a change in paragraph 3 to replace Time Warner with CVI so CVI is the primary responsible for the franchise fees, not Time Warner. COHMISSIONER MAC'KIE: That makes sense. COHMISSIONER CONSTANTINE: That is fine. CHAIRPERSON MATTHEWS: Okay. The motion maker accepts those changes. The second does? COMMISSIONER MAC'KIE: Yes. CHAIRPERSON MATTHEWS: Mr. Dudley. MR. DUDLEY: There was another point with regard to paragraph 2 on page 2 of the resolution where it says that Time Warner agrees that your master ordinance 8890 applies. Again, I don't represent Time Warner. I will tell you CVI agrees with that. When issue -- when the county issued the '87 franchise, I was helping the county draft the master ordinance which is 8890. The question came up to us should the county grant the '87 franchise before the master franchise agreement was in place -- the ordinance was in place. We said, yes, but in exchange for that we agree that the master ordinance will always apply to our franchise agreements. So if I can, for the record, make that clear. But I can't agree for Time Warner. I can only tell you that I have no problem in paragraph 1 with your assignment consent being subject to all the terms of 8890. And I might add, as amended, Heidi, because it was amended, I think, in '92. MS. ASHTON: If I could respond to that. One of the few conditions we do have in our ordinance is under Section 17.13 which says the transferee must agree to comply with all provisions of this ordinance before the county may approve such a transfer. That is one of the conditions that I can't agree to that change. COMMISSIONER MAC'KIE: Well, it seems to me like this is legal technicalities that Mr. Dudley can't represent Time Warner, but we can make it a condition of our transfer. MR. DUDLEY: Absolutely. And that was my point. Your resolution says Time Warner agrees in two places. To my knowledge, there's no one here representing Time Warner. I just don't want to mislead you. If you want to say subject to them agreeing, that is appropriate. COMMISSIONER HANCOCK: So if they don't agree we'll hear from them. MR. DUDLEY: I'm sure. MS. ASHTON: We have a signed affidavit in the file that indicates their consent to go ahead. CHAIRPERSON MATTHEWS: We're fine. That sounds good. MR. DORRILL: We do have some speakers, too. CHAIRPERSON MATTHEWS: Before I call the question, how many speakers do we have, Mr. Dotrill? MR. DORRILL: I think we have two. CHAIRPERSON MATTHEWS: Two from the public speakers. MR. DORRILL: Mr. Perkins and then we'll have Mr. Erlichman. MR. PERKINS: Good morning, Commissioners. A1 Perkins, Belle Meade Groups, Citizens for Constitutional Property Rights and a whole lot of other people. Obviously, when Time Warner got involved that means that there is gold in the gate. It's just that simple. Now, when you look at that from that angle, you're going to find out there's a lot of other things out there that there is gold, and everybody wants to grab it. My concerns -- I welcome these people who have gone out to put the people to work. But with this agreement my concerns are the programming. Is there going to be any deviation from the programming that is provided to the schools, a freebie, that the teachers have their option for using them as visual aids? This is very important to me. Okay. It pertains to all the kids in Collier County, and you people out there got kids, you better pay attention. When they talk about 30 percent of the population of Collier County, God, at a buck a shot, man, I'll take that any day. That's just like having the keys to Fort Knox. Are these people willing to provide free public information programs such as the meetings that are going on and the effect that this county and this state have on your lives that you people are sleeping at the stick while it happens to you? CHAIRPERSON MATTHEWS: Mr. Perkins, if it's not part of the current franchise, then Time Warner is just assuming the current franchise, and we'll discuss those issues in 1997. MR. PERKINS: Right. Okay. The only two other items that I have on here is the same amount of channels and the type of programming, because I'm not into rap music, and I'm not into pornographic programming. Thank you. CHAIRPERSON MATTHEWS: Thank you. MR. DORRILL: Mr. Erlichman is your final speaker. MR. ERLICHHAN: Good morning. For the record my name is Gilbert Erlichman. I live in East Naples, and I'm speaking for myself. Everyone knows that television, cable television is a monopoly. In other words, wherever you happen to live you are limited -- usually you're limited in your choice to one cablevision network. Be that the case, just like electricity or any other utility, telephone that you use, you are dictated by where you live as to who you are going to patronize and what service you are going to use. Therefore, in this particular case, since there are only, I think, two networks or cablevision outfits in Collier County, and I think the largest one is the one that is under discussion now, I think that the commissioners should not be rushed to rubber stamp this approval. I think that you should let this present contract expire, and then on the expiration date have a discussion, as you are doing now, as to the takeover by Time Warner. I don't see why it has to be done now. I heard that the contract doesn't expire until 1997, so I see no reason why there has to be any type of takeover at this point and approval by the commissioners. Please reconsider that motion and do not approve of this transfer. Thank you. CHAIRPERSON MATTHEWS: Thank you, Mr. Erlichman. That was our last speaker? We have a motion and a second on the floor. Is there further discussion? I'll call the motion. All those in favor, please say aye. Opposed? Motion passes four to zero, Commissioner Hac'Kie being absent. We're going to take a short break for probably 15 minutes. I would like the board to remain here at the dais for another minute or two. Ms. Fasulo is going to take our annual picture for the annual report. (A short break was held.) Item #9A REPORT ON LELY BAREFOOT BEACH GATEHOUSE - COHMISSIONER HANCOCK TO WORK WITH MR. BRYANT TO RESOLVE THIS MATTER CHAIRPERSON MATTHEWS: Reconvene the Board of County Commissioners' meeting for November 21, 1995. We are at the county attorney's report, item 9(A), report on Lely Barefoot Beach gatehouse. Mr. Bryant. MR. BRYANT: Good morning, Madam Chairman. Hay it please the board. We have discussed this matter at length with Mr. Hazard. We've had two meetings on it. We have got a working draft of an agreement to move the guardhouse to the area that the board wanted along with the removal totally of the old guardhouse. And it covers the other point where the board was concerned about. One issue that I've talked with Commissioner Hancock and also Commissioner Constantine know about this is that the underlying fee or land where the new guardhouse will be moved to belongs to Lely. And if you remember from having been out there, it's in the parking lot area right adjacent to where the two-story building is that was called the old guardhouse. I believe that there have been discussions or will be some discussions with the Lely people. And, hopefully, if that comes to fruition, I sincerely believe that we'll have some type of agreement with them that we'll be able to put all of this to rest and accomplish the board's desires. I spoke with the attorney general's office yesterday and told them about what we were discussing. I told them that we wanted them to be part of the settlement. We want to cover -- because I know the board does -- all the issues at one time and wrap everything up so that this board doesn't have this problem in the future or future boards won't either, and everybody will know where they stand. The indication I got from the attorney general's office was they were very happy with what we were doing. There was no public statement that I can attribute to anything. You know, we agree with you. They specifically told me that they couldn't say they did. And I understand, because they haven't seen the agreement. But in principle I believe that they are going to be happy with what this board wants to accomplish. CHAIRPERSON MATTHEWS: All right. Commissioner Hancock. COHMISSIONER HANCOCK: Just to let the rest of the board know where the discussions with Lely are or will be going, I've made a preliminary call but have not met with anyone from Lely Development Corporation at this point. I'm going to try to accomplish that. This is a short week. If I can't get it this week then early next week. And if those preliminary discussions are positive, I will then ask Mr. Dotrill to put something back on the agenda anticipating an agreement. Where the guardhouse is proposed to sit, it would actually be in a landscaped -- what is currently now in a landscaped area and one parking spot, if my measurements are correct. And, again, the property belongs to the development, not to the property owners out there. So it is just a matter of sitting down and discussing with them, seeing what they are amenable to or not amenable to. And if I get either a very positive or a negative feel from that first meeting, I'll bring it back to the board immediately. Otherwise we'll just work toward some solution on that location. CHAIRPERSON MATTHEWS: Are there other comments? I, myself, have a little bit of concern about the county interjecting itself in discussions, I guess, between the master association and Lely Development. That is a matter between them, and I'm not sure the county should be involved at all. If you can resolve this issue in a week or two, fine, but I don't want the county to be the impetus for arguing between those two people or those two entities. COHMISSIONER HANCOCK: There will be no arguing. CHAIRPERSON MATTHEWS: Well, our part in this is the guardhouse in the middle of the road and what happens from there. I mean -- COHMISSIONER HANCOCK: Commissioner Matthews, I'- CHAIRPERSON MATTHEWS: -- What Lely does about the gatehouse is what Lely does. COHMISSIONER HANCOCK: With all due respect, unless that area is secured, this proposed solution goes nowhere. I'm not representing the Board of County Commissioners, nor am I representing everyone else. I'm representing myself as someone to try and facilitate discussions and bring this to closure. And I will do that. And I will at no time represent you or any other members of the board. MR. BRYANT: If I could share one thing with you, Madam Chairman. Mr. Hazard was asked initially to talk with the Lely Development people about this. He ethically cannot do that, because there is litigation among everybody out there. And so I think that's why Commissioner Hancock was kind enough to offer his good office, if you would, to just talk with them. COHMISSIONER MAC'KIE: Well, the lawyers could certainly talk to each other. I mean, I assume Lely Development has a lawyer that Bill Hazard could talk to. COHMISSIONER HANCOCK: We know how quickly that will move things along. COHMISSIONER CONSTANTINE: Yeah. I think the point is __ COHMISSIONER MAC'KIE: We are trying to resolve a legal issue, guys. COHMISSIONER CONSTANTINE: I think the point is that this conversation has gone on for years. A couple of weeks ago when we talked about this we finally came to what looks like an agreement all sides can live with. Commissioner Hancock has graciously offered to go and sit down with Lely and try to make that final step agreed to by them. I think you may not be representing the board as a whole, but I think we set a position a couple of weeks ago as a board that we would like to make that happen, and reality says the only way to make that happen is to get Lely to go along with it. So go do it and make it happen. And I compliment you for the effort. COHMISSIONER HANCOCK: If I get resistance I'll bring back that resistance, and we'll proceed with enforcement action as was proposed. It's just to see if the avenue is there. If it's not, then we're done. MR. BRYANT: And if it doesn't go anywhere like Commissioner Hancock said, the ball will immediately get rolling as soon as we start the code enforcement. I mean, that is what will be the total impetus for everything because they quickly -- they'll move for an injunction, and we will be down the road to a full-scale battle. CHAIRPERSON MATTHEWS: I guess that's what my concern is. If Commissioner Hancock can accomplish this, what I think may be a defeat -- but God bless him for trying -- in a ten-gun hat -- COMMISSIONER HANCOCK: I thank God for being in winning situations these days. CHAIRPERSON MATTHEWS: We all do. But if he can accomplish this in a week or ten days, then I think that's great, and we get it resolved and it goes away. But I'm concerned about the county getting dragged into the middle of what could be a contentious discussion between what is actually a civil matter. COMMISSIONER HANCOCK: I will make it clear to them that I am not representing the county nor binding the county to anything, simply acting as a facilitator. Either the discussion is there or it's not. That is all I'm trying to establish. COMMISSIONER CONSTANTINE: And perhaps I'm an optimist, but there really isn't a downside to Lely for helping make that happen. COMMISSIONER HANCOCK: No. I can find some reasons they would like to, but that is up to them. CHAIRPERSON MATTHEWS: Commissioner Mac'Kie. COHMISSIONER MAC'KIE: Just a question. I want to endorse what Commissioner Hancock is doing. I just wonder if we want to put a time limitation on it that if this isn't settled by Christmas, then we go forward with the code enforcement action? COHMISSIONER HANCOCK: Oh, I certainly -- by the December 19th meeting there will be a direction. I would hope actually the first meeting in December I would be able to come back to you with something. I think that the first discussion will tell us if there is a path of least resistance or not. COHMISSIONER MAC'KIE: And I just want to continue to make a point that if this goes forward, wonderful. And if they're positive, great. And if they're not, then we have code enforcement. COHMISSIONER HANCOCK: Your stick, my carrot. COHMISSIONER MAC'KIE: Got it. CHAIRPERSON MATTHEWS: I love it. I guess that's the direction of the board. We're looking for Commissioner Hancock working with Mr. Bryant to move forward on this and get it resolved. COHMISSIONER CONSTANTINE: Madam Chairman, can we go -- oh, we have speakers on that. CHAIRPERSON MATTHEWS: Mr. Dorrill, we have speakers? MR. DORRILL: Yes, ma'am. First is Mr. Pires. MR. PIRES: I'll pass. Thank you very much. MR. DORRILL: Ms. Ward. MS. WARD: For the record I'm Harjorie Ward representing CABB and also representing a lot of beach goers that want to get to Barefoot Preserve. We had nothing to do with these negotiations in the last two weeks. They were between the staff and the lawyers and also the people that represent Barefoot. So we do not know about anything other than what you've just talked about right now which happens to be with the guardhouse. There -- as we said last -- two weeks ago, and I think Commissioner Constantine made the comment that there are going to be a lot of I's that are going to have to dotted and T's that are going to have to be crossed before all the agreements happen to be in order. And I just wanted to take this opportunity to pass out to you just a list of some of the things you have already committed yourself to some of the things have been concerns of some of the beach goers as to what was going to happen in the future and where they were rather firm on certain rights of their own. So I am just going to pass that out to you so that when we do get to the dotting of the I's and the crossing of the T's that you do know some of the other things besides just the guardhouse. We don't want this -- as was said before by that gentleman, we don't want this to come back again either with this board or with a future board and we get back to square one. We want to make sure that we've got everything that happens to be in that line. And we appreciate very much everything that you have done and thank you for considering the rights of the beach goers. CHAIRPERSON MATTHEWS: Thank you, Ms. Ward. MR. DORRILL: Mr. Keller, are you registered on this item? He will be your final speaker. MR. KELLER: George Keller, concerned citizen. I'll be very brief. I sat here when we gave away access to that beach by commissioners permitting the beach gatehouse to be built. And the reason why they did it is that somebody else would control the beach to keep vandals from being on the beach at night. And under no circumstances do I think where they put the gatehouse as long as they put it on their property is not our business. But under no circumstances should we permit anybody to put gates that are going to control the entrance to the park or the exit of the park. If there are any problems out there that require some kind of police force, either the county park department should have a man out there or the sheriff's department should be called to quell the problem. We should have open access to that property and open -- and a way to get out of that property at any time the park is open. Please make sure that the public knows that we have a park out there and that it's not a private development. Thank you. CHAIRPERSON MATTHEWS: Thank you, Mr. Keller. That was our final speaker, Mr. Dotrill? MR. DORRILL: Yes, ma'am. CHAIRPERSON MATTHEWS: Okay. Thank you. Mr. Bryant, I guess you have direction from the board. MR. BRYANT: Yes, ma'am. CHAIRPERSON MATTHEWS: Commissioner Hancock is going to work with you in getting this resolved, and hopefully we'll have a resolution in a week or two. Thank you. COHMISSIONER HANCOCK: Mr. Bryant is to be commended for his time and effort on this. I appreciate it. MR. BRYANT: Thank you, Commissioner Hancock. Item #10A DISCUSSION REGARDING TREELINE DRIVE - BCC TO MAKE COMMITMENT UP TO $500,000 AS A SHARE IN THE PROJECT AND COUNTY ATTORNEY TO DO THE NECESSARY LEGAL WORK AND BRING BACK SAME TO THE BCC CHAIRPERSON MATTHEWS: Next item on the agenda is a time certain item. We'll move to 10(A), a discussion of Treeline Drive. Commissioner Constantine. COMMISSIONER CONSTANTINE: We've had a great deal of discussion about regional activity. Yesterday, as a matter of fact, we had our meeting with the Lee and Charlotte commission. This morning we have Commissioner St. Cerny from Lee County with us who will share some thoughts on this. The Florida Gulf Coast University, as you know, becomes a reality next fall, fall of '97. And it was the combined effort of a lot of people from all over Southwest Florida who have made that a realty as far as becoming the tenth university site. Lee County, as host for this site, had put in an enormous amount of effort and spent an enormous amount of money. I think you may have seen over the weekend some press accounts that credited as much as $22 million going towards the effort for them. And that ranges from what I refer to as the environmental blackmail money of $2 million to all the infrastructure and so on. There is a pile of money in making this thing a reality. Lee County is asking us to contribute $500,000 toward the regional infrastructure needs there. Treeline Drive will eventually connect, on the long-term, with Collier County roads planned to the extension of County Road 951. What that will do long-term is provide the primary access to the university for virtually all of the eastern portion of the county. And we talk about the build-out numbers or the calculation numbers 20 years from now, 25 years from now. We're talking about 30 -- we're talking probably 150,000 people living in that portion of the county, and this will be their most direct access. One of the things we've talked about a lot this past year is transportation north and south and the shortage we have. DOT tells us they don't want traffic depending on 1-75 as their north/south route. We, of course, are moving forward with Livingston Road and 951 eventually will be the north/south route. At the airport, the numbers range depending on who you're talking to and what the topic is, that Collier feeds 30 to 40 percent of the passengers in and out of that facility. I suspect that we'll have a great number of the students at the university as well. So there is clearly a benefit to us helping make that a reality. One of the concerns I have is in the late '70s the idea of the airport, the then regional airport, now international airport, was to benefit everyone in Southwest Florida. All five counties went on board and thought it was a wonderful idea until it came time to pony up and make it a reality. And at that time Lee County carried the whole burden as far as paying the freight. It's not until now, almost 15 years after it was built, that we are able to get and have somewhat of a voice now in the future of that airport, even though we're feeding 35 to 40 percent of the people in there. Lee County has the authority, and considering the background, probably rightfully so. They have been very good in the past year including a member of this board on the Special Management Committee for the airport. I don't want to see us make the same mistake and say, gosh, it's located in Lee County, it's your problem, when clearly there is a benefit to Collier. Not only do we benefit, but we want to have a voice in how that university develops over the upcoming years. With that I would like to introduce Commissioner St. Cerny, and I know that he has some specific thoughts on where Lee has been with this and where we're headed. CHAIRPERSON MATTHEWS: Commissioner Mac'Kie, I believe, had some comments while he is coming up. COMMISSIONER MAC'KIE: Just while you're coming up, Commissioner, I just wanted to right up front tell you that you do have at least two votes on this request. CHAIRPERSON MATTHEWS: Now you have three. COMMISSIONER MAC'KIE: I just want to say we've talked about so many times that water doesn't erode political boundaries and neither does learning, and this is a regional effort, and I want Collier County to be a participant in it. And I appreciate you're being here, and we'll listen to your presentation and look forward to supporting it. COMMISSIONER ST. CERNY: Thank you for your kind words. Madam Chairman, Commissioners, thanks for giving me an opportunity to come before you today. If we didn't find ourselves in Lee County in somewhat of a precarious situation, I wouldn't be standing before you today, but we've done intensive research on what it is going to take to bring this into fruition. Right now Lee County has probably committed somewhere around $21.8 million to the total project and networking of the roadways in and around the university. And not knowing what the proportionate share is going to be from the Board of Regents because their traffic impact study has not been completed, we find ourselves somewhere around a $3 million shortfall. And we have proceeded to go out with an RFP for a four-lane design as well as a two-lane design because, as you know, we have to have funds identified prior to going out for an RFP. We think it would be a drastic mistake for us to build Treeline at two lanes only. We are assuming from our staff's position that the university's proportionate share should come in at somewhere between two and two and a half million dollars. That's where we come in with being $500,000 short. Not all of you are probably aware but the Florida Department of Transportation has committed to the airport $12.8 million for acquisition, design, and study for Treeline from Daniels Road to Alice. We have already committed funds for the interchange from Alice, where the two Treelines will meet, Alice to 41 and the Corkscrew intersection and Corkscrew Road to 41. I don't have to tell you that what we're doing in Lee County as far as F-DOT is doing to 41 in and of itself is not going to be enough. Six-laning 41 through Benita Springs is not going to do it. We know we need reliever roads. Treeline will and should be one of those. We have designs to State Road 82 all the way to the Collier line with Treeline. Right now we just find ourselves at a point where I took it upon myself to come before you to ask for your consideration to ask for your help. Commissioner Constantine has been most gracious through all of this process. We had discussions when we were going through all the permitting problems, and we committed an additional $200,000 in legal fees. We committed $1.7 million to pay for the mitigation on behalf of the Board of Regents and the Florida legislature. That was their responsibility, because we know how vital this university was going to be to all of Southwest Florida, and we went ahead and did that because we felt it was essential that Lee not let this waiver in the wind. It has been projected that the first year the university reaches 10,000 enrollment it will have a financial impact in Southwest Florida of $860 million a year. Now, I can't speak for Collier County, but last year in Lee County all of teurism amounted to about $774 million. So the first year we reach 10,000 enrollment, you can see that that university will be the financial engine that is going to surpass teurism for Lee County, and I'm sure it's going to have the same carryover effects here. If you look at the proximity of the university, I'm not sure that the university isn't going to have more of a financial impact on Collier County than it is Lee County. So in your deliberations -- and believe me, I know what it's like to have people come before you and make requests, no strings attached -- I put no pressure on any one of you. You always have to vote your heart. I do. But we do need your help, and we would like to go forward with our partnership with Collier County. There is going to be more and more joint ventures coming forward. I see the day in the near future where we're going to be called upon Collier County to enter into joint agreements with Lee County when we can come to the table and help you. And this is bigger than all of us. It's bigger than our four years or whatever amount of time we're going to be serving in public office. This is far-reaching for generations to come, and I think it would be a shame to drop the ball now and to go into a project with what few short dollars we might have and not design it appropriately so that we can all share in the enjoyment of it from day one, that we're doing the right thing with the right design. We've addressed the fact that we're going to pay for undergrounding all the utilities. We've got -- the private sector developers are going to pay for all the landscaping of Treeline. And we've got everyone coming to the table to truly have a joint partnership in this endeavor. The only unknown that we're dealing with right now is the Board of Regents and the legislature, and we think we've pretty well identified where that is going to be. So if you have any questions, I'd be glad to answer them at this time. Or if you have any questions as far as staff, Dave Loveland is here from the Department of Transportation. CHAIRPERSON MATTHEWS: I have one question for Mr. Weigel. Mr. Weigel, the only question that I have, and it's been running through my mind since I first heard of the project, not because we said we would support it, but the legality of doing it. How do we legally commit Collier County tax funds to infrastructure projects in Lee? MR. WEIGEL: Well, that's exactly what I was continuing to talk about there. Pardon that you had to get my attention. It appears that there are some issues that need to be handled, that need to be addressed to lay the basis or the predicate for an expenditure of this type so that it is defensible. And I see from Commissioner Constantine's memo referencing a connection with the 951 extension up to Treeline Drive, some of the basic questions that would need to be determined is if Treeline Drive is going to be a public road as opposed to a private road, because we already have some cases and other legal precedents that says that a county in and of itself cannot fund maintenance and repairs of private roads, and we faced this in recent board meetings. Beyond that, I would suggest that if it has not been done yet, that our county working with the Lee County staff come to recognize, so that the record would show, that this is part of an intra-county road system if that formality has not been achieved yet, so that there is a basis upon which we see that there is county benefit of an expenditure of funds for an infrastructure that is outside of specific county territorial lines. I think all of these things can be achieved so that we do have and pass the court test that have been created right now. And I suggest and I fully expect that Mr. Yeaget of the Lee County attorney's office would assist us as we put this in place. CHAIRPERSON MATTHEWS: Commissioner St. Cerny, what is the time frame that we're looking at that you need to have the actual funds in hand? COHHISSIONER ST. CERNY: We're actually going out -- correct me if I am wrong -- we're going out for an RFP in December. To go ahead and to do the entire road, we're bidding it both ways, four-lane and two-lane. We would expect at this time that the bulk of the funds probably won't be needed until early summer of '97 at the completion stage of it. If we can identify funds going into it, then, you know, we're okay until that time. But we can't slow the project down now. CHAIRPERSON MATTHEWS: When do you need a formal commitment from Collier County? What I'm asking for is time for our respective attorneys to work out all this legal whatever it is they need to do to make this work. COHMISSIONER ST. CERNY: We have a time frame. We're not going to know for sure what the commitment is going to be from the university. We hope within 30 days that they'll have their traffic impact study completed, and they'll know what the numbers are and what their proportionate share is going to be. At that time we've already been working with the legislative delegation to see that that comes out of budget this year. So we're talking, what, March. CHAIRPERSON MATTHEWS: Okay. Commissioner Hancock. COHMISSIONER HANCOCK: Madam Chairman, if I could make a suggestion since the county attorney's input is going to be necessary before this board moves ahead, if that's the case, rather than having a protracted discussion today on the matter, I think it would be more appropriate to get a time certain that the county attorney will bring this back to us or a date certain, and we can have a full discussion at that time. COHMISSIONER CONSTANTINE: What I would suggest instead of that is that the board make some sort of commitment today that either they like the idea or they don't, and they would like to move forward with it or they wouldn't, and then give direction to our county attorney to go do that voodoo that he does so well and put together whatever paperwork he needs to so that we can then take the legal steps. But I don't think we should just put off the discussion until another day. We've got Commissioner St. Cerny here, and we have the information. Either we like the project, we like the idea of the regional vision for the university or we don't. CHAIRPERSON MATTHEWS: We need Mr. Weigel to dot the I's and cross the T's so that we can do it. MR. WEIGEL: If I may, just to add that obviously whatever we endeavor to do is work within the rules as they exist presently. There is sort of an extra rule that could come into play and that is a special act recognizing that these roadways and something that the county, Lee County, Collier County addressing the legislative delegation could, in fact, do to make it an absolute certainty that there's no issue or question or defensibility problem whatsoever. And there may not be anyway. I just thought I would take this early opportunity to say that that is one avenue of which there is absolute certainty if that were to come into effect. But beyond that we will endeavor, I would expect probably achieve what we need to do anyway with what we have before us. CHAIRPERSON MATTHEWS: We'll be meeting with our respective legislative delegations in December and just as a safety matter, we will bring it up to them so that they're prepared to enter a special act if we need it, then we will be ahead of the game. MR. WEIGEL: It would be great insurance, quite frankly. CHAIRPERSON MATTHEWS: Yeah, okay. Commissioner Norris. COHMISSIONER NORRIS: I have couple of preliminary questions here. What funding source will we be considering? COHMISSIONER CONSTANTINE: I have a couple of thoughts in mind there. We actually, in our five-year plan, now have in excess of about $4.5 million. Also our-- COHMISSIONER NORRIS: Our five-year plan of what? COHMISSIONER CONSTANTINE: County transportation plan. And in -- today we just approved an item, a roadway that came in $350,000 below what we had projected within that five-year plan. So we'll have an additional 350 over and above that. COHMISSIONER NORRIS: Okay. The legality of spending road funds that are collected here in this county and in some other county is a question that I've had all along. I mean if we have districts within our county, you can only spend money collected in one district in that district and so forth and so on. To take money out of this county and go to another county out of the road program, no, we need to answer that one for sure. COHMISSIONER CONSTANTINE: Mr. Weigel, the question I had asked to you prior to bringing this forward was if there could be demonstrated a clear benefit to Collier County did that make a difference. And I believe that you gave me an affirmative answer. MR. WEIGEL: It absolutely does. And part of demonstrating that benefit, I think, is also a recognition of an intra-county road system or something to that effect that isn't necessarily titled; it has to be used for that subject. But to do that, in fact, there is an interplay and a benefit that comes from the road system of Lee County and Collier County -- in this case, working together, meshing together, and it builds into and recognizes part of -- conceivably even part of your capital improvement of county road -- you will have a county road that meets or will ultimately connect with Treeline Drive, for example, if you don't have that now. These are just various demonstrable things that create the record so that we don't succumb to the hurdles that have been posed before us, because there is significant case law and case law tests that have been provided for that we can legally expend money outside of the territorial limits of the county. That is not to say it cannot be done. CHAIRPERSON MATTHEWS: Commissioner Hac'Kie. COHMISSIONER NORRIS: I am still going. CHAIRPERSON MATTHEWS: I'm sorry, Commissioner Norris. COHMISSIONER NORRIS: I have a question for Commissioner St. Cerny. I think I understand you to say that you won't be funding this until the summer of '97? COHMISSIONER ST. CERNY: We would have some latitude on that, John. We just have to be able to identify it now. COHMISSIONER NORRIS: My question then becomes if you get to the point where you need the funds or it's time to expend the funds in the summer of '97 and you find out you that your transportation department has done as good a job as ours has done and comes in under budget on a number of projects and you don't have a $500,000 shortfall, are you still going to expect the funds from Collier County? COHMISSIONER ST. CERNY: I think that's your call. I think in the spirit of cooperation and what we've tried to achieve by both our counties working together, I think that would be your call that you would still want to be a participant in this ongoing joint endeavor. You know as well as I do if we come under budget on a project, we have a lot of places that we can use the money also. This is as much good faith as it is money. We can rearrange our budget tomorrow and come up with the $500,000. But we thought this was another ongoing endeavor for both counties to work together on something that is more long lasting than just a road project, and this is something for both of us to come to the table and do something, I think, really great together. I mean, we can scrap projects tomorrow in Lee County and find the money. You know that. I can move things back into priorities and move dollars forward and do it, and we could shoulder the total expense. That isn't as much the issue as trying to reach out for Collier County support and saying, look, we're in this together, and we would certainly appreciate your help. And I think it sends all the right messages to the majority of the constituents in both our counties that this government and our government are on the right track. And I think it sends a real positive message. COMMISSIONER NORRIS: Okay. CHAIRPERSON MATTHEWS: Commissioner MAc'Kie. COMMISSIONER MAC'KIE: I just -- three points. I think there are three really good reasons to do this. One is legally we can. I am confident that we can. If this request were for landscaping of the campus then that would be an inappropriate expenditure of Collier County funds. However, this is very simply stated, if I understand correctly, Commissioner, correct me, that we can either have two lanes or four lanes of Treeline Drive which is the connection to Collier County. We need four lanes to connect this university access to Collier County. And it's a very valid expenditure of public funds in my judgment, and I'm confident that whether it's by a special act or otherwise we can accomplish the -- jump through the necessary legal loopholes to satisfy that, because in reality it's to the benefit of the Collier County residents. The second is politically I don't want to be where this county has been as a result as what I view as a poor decision as important as was the airport. We blew that one as a county, I think, and we shouldn't blow this one. The impacts of this are more significant even than the airport. We have to be a regional partner. And then that is legally and politically and then morally, with all the appropriate apologies if that offends anybody, this is the right thing to do. It's a regional project. It has significant benefits to Collier County, and we should be partners with Lee County in this effort. So I don't know if this is a public hearing, if it's appropriate to make a motion, but I would like to. CHAIRPERSON MATTHEWS: I think a motion is in order but perhaps -- Commissioner Constantine, wanted to make it. Do we have two speakers? MR. DORRILL: We have two, Mr. Pointer. COMMISSIONER ST. CERNY: Thank you very much. And it is different being on this side. CHAIRPERSON MATTHEWS: It's a lot different. Stand by, stand by. There might be more questions. MR. DORRILL: And then Mr. Perkins will follow him and that is all. MR. POINTER: Good morning, Commissioners. My name is Jack Pointer. The airport in Lee County was alluded to a few minutes ago, and I don't know if you are aware of it, but Commissioner St. Cerny and the commissioners of Lee County two years ago had the opportunity to name -- rename that airport and consider it local or to consider it regional. And Commissioner St. Cerny and his colleagues named it Regional Southwest Florida International Airport, and some 35 to 40 percent of the passengers coming in and out of that airport are indeed from Collier County part of that particular region. The new university which is proposed and is underway also has a regional connotation in its name, Florida Gulf Coast University, and that includes Collier County, Lee County, Charlotte County, Hendry County and probably Glades County that are in that particular area. In recent years we have been building elementary schools at a very rapid rate, middle schools at a rapid rate, and now we've announced our fifth high school which is about to be built. When those students get out of those five high schools, they've got to go somewhere, and they're going to go up the road only eight miles from northern Collier County to the campus of Florida Gulf Coast University. So I want to state that, I, as an individual am very much in favor of this commission doing anything they can to participate with Lee County in the cost of roads, the road to higher education in Lee County. Thank you. CHAIRPERSON MATTHEWS: Thank you. MR. DORRILL: Mr. Perkins and then Mr. Passidomo also. MR. PERKINS: A1 Perkins, Belle Meade Groups, Citizens for Constitutional Property Rights. When I hear roads and I hear 951 extension clear into Lee County, I'm looking at a map here right, and I have no -- I do not object to roads going into Lee County because you people know in the past I have advocated -- COMMISSIONER NORRIS: Mr. Perkins, over here, please. MR. PERKINS: Yes. COMMISSIONER NORRIS: Mr. Perkins, over here. We're over here. MR. PERKINS: I have advocated evacuation routes. Now one of the evacuation routes is not only 951 but Everglades Boulevard which would go clear up to the back side of this county -- or the university site. Now, it would bypass Immokalee right smack up through the middle. Now, along those lines, has any consideration been taken along those lines to see whether or not -- and I'm talking about evacuation -- moving people towards the middle of the state and out away from the coast? Now, if I can be of any help here with this, all you have to do is ask. I'll try -- I've got the map here on hand. My concern is evacuation and the extension and being able to move the people from Marco Island off the area. CHAIRPERSON MATTHEWS: Mr. Perkins, I think perhaps the appropriate forum for what you're talking about is at our next MPO meeting where we'll be addressing the 20/20 plan. And mind you this connection to Treeline from 951 is that far out, 30 years. MR. PERKINS: Right. But you know what I'm trying to say is 951 for evacuation at the present time, like it's going to be inadequate is what I'm saying. We're going to be piling up as we get further north. So we need to take it and look at it a long distance. Thank you. CHAIRPERSON MATTHEWS: You're welcome. MR. DORRILL: Then Mr. Passidomo. CHAIRPERSON MATTHEWS: Mr. Passidomo. MR. PASSIDOHO: Good morning, Madam Chairman, Commissioners. My name is John Passidomo. I serve as chairman of the Economic Development Council of Collier County. I have not had an opportunity to speak with members of my board of directors. In fact, we have not met at the board since this matter developed. The EDC, however, has had a long history of private sector support for Florida Gulf Coast University. We urge you to seize this opportunity to make Collier County a regional partner in making Florida Gulf Coast University an economic engine for Collier County. Thank you very much. CHAIRPERSON MATTHEWS: Thank you. COMMISSIONER CONSTANTINE: I just want to make sure that each of you also got the letter that came in from Mr. Freidkin (phonetic). I sent a copy to each of you. CHAIRPERSON MATTHEWS: Okay. Commissioner Hancock. COMMISSIONER HANCOCK: This is one of those decisions that you can find good reason to fall on either side, and I think regardless of what we do today it will be moaned by a few, lauded by some, and ignored by many. I have a personal experience that is causing me to lean in favor of this. I grew up just outside of Tampa which is where the home of University of South Florida. And when I graduated high school, my father gave my two options. I could go to USF, a state school 30 minutes away, and he would help pay my tuition, or I could go anywhere I could afford. The fact that school was within proximity of my house, that I had the option of staying at home and made it affordable to go to college may have had something to do with the quality of the education I got or the fact that I simply got an education beyond high school. We've talked a long time about giving incentive for using this community to be educated here, to stay here, to work here, to raise their family here. And I think to look at a line on a map and make that a reason not to make a commitment to helping that to become a reality would be a shortsighted mistake. However, I am not in favor of granting money to other counties. But in my estimation we're granting money for the future of the kids in this community to maybe give some an option to go to a school that financially otherwise they would not have. For that reason at this point I'm going to add my name to the list of support provided that the information from Mr. Weigel is sufficient and substantive enough to continue that support. COMHISSIONER CONSTANTINE: A couple of thoughts before I make the motion, and that is you've made a good point. This isn't a matter of giving money to Lee County. This is giving money to make the university a reality and to make it a reality for the people in Collier County and to make convenient access for primarily the entire eastern portion of the county a reality. So I think it would be shortsighted -- and we've already talked about the airport example -- but I think it would be extremely shortsighted to thumb our nose and say, no, because of a political boundary we're not going to participate, in that it clearly benefits the entire region. With that in mind, I will make a motion that the board make the commitment to share in this regional project of the university, and that means Treeline Drive, and make a commitment of $500,000 for that. And we would give direction to our county attorney to make the appropriate legal paperwork to make that happen and bring it back to us. COMHISSIONER MAC'KIE: Second. COMMISSIONER HANCOCK: Can I, just as an amendment, if you would consider the language up to $500,000 because the Board of Regents may come back at a higher level reducing the amount that Collier may have to contribute. COHHISSIONER HAC'KIE: The other -- if I could just comment on that idea. The other way to go on that would be so that we would fill in the gap. What if the Board of Regents come in lower? COHMISSIONER HANCOCK: You would be losing one of the four. I'm just asking. I don't have a problem with $500,000. I just want to -- COHMISSIONER CONSTANTINE: I'll amend it to say up to $500,000, and then I'm sure Commissioner St. Cerny will report back to us on the hopefully good news from the state. CHAIRPERSON MATTHEWS: amendment? COMMISSIONER MAC'KIE: CHAIRPERSON MATTHEWS: Commissioner Norris? COMMISSIONER NORRIS: Does the second accept the Sure. Is there further discussion, Yes, there is. I can see it's not going to do much good for me to object on this. I certainly understand the importance of looking at the university on a regional basis, and I commend Commissioners St. Cerny and Constantine for bringing this forward to us and presenting it on a regional basis. However, I will point out that the university is going to go forward whether or not Collier County puts in $500,000 to four-lane a road that really doesn't attach to anywhere in Collier County at the moment but could be four lanes at some point in the future when we extend 951 and Lee County is ready to extend Treeline down to the Collier County line. I mean, it's not going to slow down any progress if this road is not four-laned this year. So you know while I understand the importance of combining our efforts on a regional basis on projects like this, this really doesn't have any particular benefit to Collier County at this moment, and it's really hard to make the case to do it now rather than at some point in the future. CHAIRPERSON MATTHEWS: Is there further discussion? We have a motion and a second. I'm not going to repeat the motion as I think it is pretty clear. All those in favor, please say aye. Opposed? Are you not voting or did you -- COHMISSIONER NORRIS: No. We're going forward with it. CHAIRPERSON MATTHEWS: Okay. COHMISSIONER NORRIS: I want to find out -- CHAIRPERSON MATTHEWS: I'm sorry. I just didn't hear the aye, and I was just questioning that. Motion passes five to zero. Thank you. COHMISSIONER HANCOCK: Madam Chair, before breaking for lunch, I think that there's some things that we need to clear up schedule-wise. The Clam Bay conservation legal considerations were bumped because of time certain for the Treeline item. If we break now then they will be bumped again at one o'clock for a time certain for the sheriff. With deference to the sheriff, if he can wait 15 or 20 minutes, we have people that are here that have been here all morning on that item. COHMISSIONER CONSTANTINE: Better yet if we go through that and if we have time to do the one other item, then perhaps it will be one o'clock and we can do the sheriff and adjourn for the day by 1:15 or 1:30. COHMISSIONER HANCOCK: Okay. I like that idea. COHMISSIONER MAC'KIE: I like that idea. CHAIRPERSON MATTHEWS: Oh, well. We're going to have a long work session and a short afternoon we hope. COMMISSIONER CONSTANTINE: Where are those animal crackers? CHAIRPERSON MATTHEWS: The animal crackers are on the credenza in the office. Let's take a five-minute break and see if we can't get some animal crackers. (A short break was held.) Item #9B CLAM BAY CONSERVATION AREA LEGAL CONSIDERATIONS - DISCUSSED. COMHISSIONER HANCOCK TO REPORT BACK TO THE BCC WITH FINDINGS CHAIRPERSON MATTHEWS: Reconvene the Board of County Commission meeting for November 21, 1995. Next item on the agenda is the county attorney's report of the Clam Bay Conservation Area legal considerations. Ms. Student. MS. STUDENT: Good morning, Commissioners. For the record, MArjorie Student, assistant county attorney. As I stated last week I would be looking at documents in more detail and come back with some maps and so forth. I have provided you with a memo, and if I may I will step over and point out the two areas on the map so we know where we are. Okay, this larger area here (indicating) is an approximately 535-acre conservation area. And the smaller area up here behind the strand is about an ll-acre that is under the conservation easements. So we're talking about a much smaller area under the easement than was actually deeded to the county by the quit-claim deed. And basically the county -- that was deeded to the county, the larger conservation area, in April of 1982. And it was for conservation purposes. It was also to remain subject to a declaration of restrictions and declaration of restrictions and protective covenants. As I outlined in the memo, the declaration of restrictions deals basically with what types of uses can be placed upon that property. And I have listed them for you in the memo. The protective covenant deals with other activities on the property such as structure, landscaping, whether -- refuge on the property, flags, and tennis and things like that. It is much more detailed. And also to shed light on this, we looked at the agreement between the county and the Pelican Bay Improvement District. And in that agreement the county delegated certain authority to the improvement district to take reasonable actions under circumstances to protect the property and preserve it and so forth. As you know, in MArch of 1991 the county got back, if you will, from -- the Pelican Bay Improvement District was dissolved and the county acquired all its rights and obligations and so forth. So basically as to the conservation area, we conclude that we couldn't permit any uses on it. They're in violation of the covenants and restrictions. And we have the right that any other property owner would have to protect the property from any overt action. In other words, if someone came along the property and cut down the trees or poisoned the trees or something like that, we would have the right to prevent that action from happening. If -- COMHISSIONER CONSTANTINE: Like we could post "trespassers-will-be-shot-on-sight" signs, that sort of thing? MS. STUDENT: Some people do that. Also if we could -- if the die-off of the mangroves is a result of some natural phenomena, it's our position that the county doesn't have any responsibility in that regard -- it is a natural phenomena -- unless it wishes to do so. So basically, again, the county as the title holder has the same rights as any other property owner would have. If we could determine if there was an impact on property from an outside source and could trace that source, we could pursue actions in court to either enjoin the activity that was causing the problem, and we may also be able to sue for damages. COMMISSIONER MAC'KIE: If it is as simple as this, Marjorie, that I abuse the land, and I, therefore, can make people stay off of it, I can make them not destroy it. And if somebody pours poison onto my land and kills my grass, I could sue them for that or make them correct it? MS. STUDENT: Yes. Because the county, as the owner of the property, has the same rights that you as an individual owner of your own property have. And as to the conservation easement, as I stated last week, under that easement the county has the right to do certain things. Some of that -- just let me flip that over. CHAIRPERSON MATTHEWS: It is a right but not an obligation? MS. STUDENT: It's a right but not an obligation. And under the common law, an easement holder has certain duties, but they don't have to exercise those duties. There is recent case law that says there is such a fact that if you can't turn the duty of an easement holder into a requirement or an obligation to do something as I allude to in my memo, so then as to the conservation easement, the county has certain rights of conservation and so forth that's set forth in the document. And I just wanted to turn to it and quote from it. To identify, preserve, protect and in consultation with Westinghouse, enhance the natural scenic and ecological features of the property including with that limitation topography, soil, water, vegetation and wildlife. Again, that's a right. So, you know, that basically is our conclusion that it's a right and not a requirement or an obligation as to the conservation easement. I've included a map that shows, as of the January, 1995, the area of the die-off, and that is attachment one. And on the map you can see at the point, at least, the majority of the die-off that is taking place in the easement area. Staff is present here. I believe that area has spread, and they may be able to enlighten you as to the degree and location of where the additional die-off is taking place. CHAIRPERSON MATTHEWS: Thank you. Other questions on Ms. Student's research? COMMISSIONER CONSTANTINE: You already said this, but I want to clarify that we have certain rights, we do not have obligations. MS. STUDENT: As to the conservation easement, that is correct. We have -- we may have a deed, but we don't necessarily have to exercise that duty because that would turn it into an obligation or requirement. And under the common law it's -- COMMISSIONER MAC'KIE: Ms. Student, in the information that I assume everybody got from Byron Koste at WCI Communities, he passed along a letter from George Varnadoe that I think the major point is that the restrictive covenants -- that we accepted the properties subject to the restrictive covenants. MS. STUDENT: Yes. I explained what they were, and I can turn to them in my memo -- I can turn to them here, but they basically have to do with uses. COMHISSIONER MAC'KIE: But not with an obligation for maintenance. That is what -- I am just having -- MS. STUDENT: Right. Okay. The first one, that is called the declaration of restrictions. It has to do with uses. And there is a whole list of permitted uses, about six, that are specified. And then another more general one for such things as nature trails, boat docks, paths and bridges for access, beach sun shelters, and a non-profit marine research laboratory. And then any accessory uses that are customarily associated with those are permitted as well as signs. And that is on the declaration of restrictions. The declaration of protective covenants and restrictions is more detailed, and it talks about, again, such things as exterior color and materials of buildings, that you can't have pets on the site, and things like -- very particularized items. COMMISSIONER MAC'KIE: Well, there's one in 16 about maintenance that caught my eye that no refuge or unsightly objects -- MS. STUDENT: -- will be placed or suffer to remain inside the park's conservation area. That's kind of -- COMHISSIONER MAC'KIE: But it kind of -- it also says that the conservation area shall be kept in good, safe, clean, neat -- MS. STUDENT: -- and attractive condition. COMHISSIONER MAC'KIE: And all structures and facilities shall be maintained in a finished and attractive condition. MS. STUDENT: Yes. COMHISSIONER MAC'KIE: I guess that would be the strongest argument that Mr. Varnadoe has on Westinghouse's behalf? I am trying to find his basis for his position, and I am -- MS. STUDENT: I think that speaks to where there are structures and things of that nature that, you know, that obligation rests with the owner of that area. And -- but -- and, again, the rights of the property owner to, you know, just to keep his property in good condition or rather the duty to do so such as you would have as a property owner not to -- it wouldn't apply in this area, but, you know, being subject to RFP ordinance and things like that. But we don't think it extends beyond that. Again, when you are construing a deed, you have to look at what the intent of the parties is. And I don't know that it can be said that it was the intent of the county when they accepted this land to maintain it in pristine condition necessarily from anything and any impacts that may happen no matter what the source of the impact is because of the tremendous burden that could result on the taxpayers. But you have to look at the what the intent of the parties was when the deed was made and accepted by the county. CHAIRPERSON MATTHEWS: Commissioner Hancock. COMMISSIONER HANCOCK: As I read your memo, and it is rather comprehensive, I thank you -- to put it in a nutshell, what this is saying is the county although has ownership, has no legal obligation to correct things that occur within the system. However, where it also states is if it's an occurrence of nature, nature happens. And if it is determined that it's a natural cause, then knowing there is no obligation, we shouldn't. COMMISSIONER CONSTANTINE: Do I hear a bumper sticker there -- nature happens? COMHISSIONER HANCOCK: Nature happens. It's on the back of Gary's truck. The second side of that is if in determining what has caused a problem in there, if we find another party to be in part or fully responsible for that particular cause or that action, we do have an obligation to pursue that party for restoration. MS. STUDENT: Yes, I think the county may pursue that party and could possibly have an obligation. COHMISSIONER HANCOCK: Right. But in other words, no one else really has the legal right to pursue that party unless they do it as a class action suit. It really falls -- MS. STUDENT: I would say because the county is the property owner. COHMISSIONER HANCOCK: So if something happens in the Clam Bay system, it's important to assess the cause that we know whether the county has the responsibility to pursue restoration or action. If the cause is nature, then you know we are where we are -- the famous Ken Cuyler statement. But if it is and in part caused by other actions, then the county may, as you say, pursue those parties that are responsible. MS. STUDENT: That's correct. COHMISSIONER HANCOCK: Did I just summarize about 20 pages? MS. STUDENT: Yes, you did. CHAIRPERSON MATTHEWS: Are there other questions or comments? MR. DORRILL: You have the registered speakers. CHAIRPERSON MATTHEWS: We have two speakers, okay. Why don't we hear from the speakers. MR. DORRILL: Richard Hamilton followed by Raymond O'Connor. MR. HAMILTON: Madam Chairman and Commissioners, thank you for this opportunity. My name is Dick Hamilton. I live at the Claridge in Pelican Bay, and I'll be very brief. I really only have two things that I would like to say. First, to express the appreciation on the part of -- on the behalf of Pelican Bay property owners for the task force established by Commissioner Hancock to address this problem and to try to come up with a solution. We think it is the right thing to do. We hope that it will continue to have a sense of urgency. The second thing I would like to advise all of you is that the problem continues. The large die-off now has reached the southern point, which it is just about at the Sandpiper Restaurant which is at the west end of the north boardwalk in Pelican Bay. And as you look out over the southwest from our building, for example -- and we have an extremely good vantage point -- there are lots and lots of new dead spots that are appearing, either dead or light green, which is exactly the same thing that happened this summer at the north end of the system. So it is spreading. I heard this week from the Dorchester, which is a mile to a mile and a half south of the Claridge where I live, that they are now seeing these dead spots from in front of the Dorchester. So this is the first time that we've really had sightings down there in that area. We got the word yesterday -- it was the first time that at a the meeting of the task force -- that red mangroves are now dying in addition to the black mangroves. So the system is -- or it's under severe stress. We think it's a crisis, and we've got to somehow prevent it from becoming a catastrophe. If it becomes a catastrophe and we lose this whole 535 acres, considering where it is along three miles of beachfront, right in the middle of this magnificent urban area, I think that it would be a tragedy of great proportions, and the effect on property values would be significant on commercial interests as well. Now, that may not bother a lot of people who don't live in Pelican Bay, but if it has a significant effect on property values, it's going to have a very significant effect on the tax base in this community, and I think everybody would take notice on something like that. We think it's an urgent problem. We hope that it will continue to receive your close attention and your support. For any of you who have not seen it with your own eyes, I would like to personally invite you to the top of the Claridge, either collectively or individually. If you can't come collectively because of your schedules, call me. I'm Dick Hamilton. My number is 598-1114, and I would be happy to take you to the top of the Claridge so you can see it. Thank you very much. CHAIRPERSON MATTHEWS: Thank you. MR. DORRILL: Mr. O'Connor. MR. O'CONNOR: Thank you. I will pass. Mr. Hamilton made all my remarks. Thank you very much. CHAIRPERSON MATTHEWS: Thank you. Commissioner Hancock. COMMISSIONER HANCOCK: I think after reviewing what Ms. Student has put together, what this board has given its blessing for me to do and the organization of this task force is exactly in line with what our responsibilities are at this time. The time line that we're working under right now is that two weeks from yesterday the task force will reconvene and receive, hopefully, some final recommendations on a short-term solution from two different experts in the field. That is going to be on the 4th of December. On the 8th of December those recommendations will be presented to a board the Conservancy is putting together of regulatory personnel to try and find out other solutions which are viable, which are possible and then, of course, a cost is assigned to them. You know, again, I will continue to be a part of this, to facilitate it, to walk it through. But if and when it should come down to measures of restoration, I guess you could say right now we're lining up the fingers in what direction they needed to be pointed. There are probably no fewer than three or four contributing factors to what is going on there. One is nature, rainfall; another may be an accumulation or buildup of nitrogens in other areas which generally come out of Pelican Bay. A third may be some construction of the road around Bay Colony. We don't know what those are. But I think it is going to be a mix of all of those and going to require a concerted effort. And I guess by virtue of this memo, we either ignore it or become some sort of a clearing house to try and organize it, and I think that is what we are doing now. With that I don't think this memo says that we have anything else that we're obligated to do, but I think morally we're doing what is in the best interest of the community. CHAIRPERSON MATTHEWS: Any other comments? I've got one. Mr. Weigel, you and I were talking yesterday about this, and I know that we've been hearing that possibly the construction of the road around Bay Colony and so forth contributed to the stress that this environment is in right now. And the PUD and DRI for this was done back in the '70s. MR. WEIGEL: That is correct. CHAIRPERSON MATTHEWS: Yeah. You were going to ask -- and I'm not sure you have had time to do it yet, but find out if that road was in the original PUD. MR. WEIGEL: Yeah. I talked with Harjorie Student. Harjorie has the data, in fact, the documents to refer to respond to your question. MS. STUDENT: Yeah. I received a fax from Westinghouse which shows -- it says April 1977 PUD down here, and I also have Wayne Arnold that I spoke with about this from staff. It is shown up in this area on the PUD. It wouldn't be involved -- the DRI wouldn't be involved because that's more regional, but an internal roadway you would find it conceptually on the PUD master plan. I think the alignment is changed just slightly from the original concept as it was on the PUD master plan. COHMISSIONER MAC'KIE: But the answer is the road was in the PUD? MS. STUDENT: Yes, it was on the PUD. CHAIRPERSON MATTHEWS: Okay. Because my concern on the issue -- and, again, Mr. Weigel and I have talked about it -- is that was this area committed to degradation in '76 when the PUD was approved and the permits let? And are we fighting an uphill battle that can't be won? MS. STUDENT: From what I understand from talking with representatives from Westinghouse, there was an area, I believe, in the northwest corner that was -- and that would be up in this area (indicating), and it was a nonfunctioning wetland. It existed but it wasn't functioning. So, in fact, that is why Westinghouse was allowed to develop that area because at that time they did not have a policy of no net loss of any wetlands. But something wasn't working okay, and then they were to do some mitigation in other areas. So I think we have some information that shows up in that area that there were problems in 1977 when the project was first contemplated. CHAIRPERSON MATTHEWS: Okay. Because that is part of my concern. While I appreciate it is a conservation area and the beauty of it or what was the beauty of it, I've got a question if actions weren't taken 20 years ago that have taken us to where we are now. I have to begin to question whether there is a reason to spend a lot of money, whatever that might be, to protect something that we really can't. MS. STUDENT: I think you also mentioned last week, too, that in the 1950s you saw some aerials which showed that something was happening -- CHAIRPERSON MATTHEWS: Exactly. MS. STUDENT: -- and lends credence to the argument that perhaps this is a natural cycle as well. So -- MR. WEIGEL: I would ask the record be corrected that she saw aerials of the 1950s, but she didn't see those aerials in the 1950s. MS. STUDENT: Yeah. That's what I meant, aerials in the 1950s. I'm sorry, I meant aerials. CHAIRPERSON MATTHEWS: Yes. I saw aerials of the 1950s that showed a die-off. COHMISSIONER HANCOCK: I would like to encourage all board members to take the similar position that we don't know what is causing this. And the reason for this task force is to try to make that determination. Now, if it is just natural, and it's going to come back, and we don't need to worry about it, I hope that will come out of this. If it is otherwise we still have several options. I mean, certainly the solution could be prohibitively expensive and we're unable to pursue it, or the solution could be inexpensive and we're able to do it. You know, we don't know what those are. But until, hopefully, this task force in their review on December 8th provides us with some of those answers, I would just like to keep pursuing it, because it is not costing us anything at this point. COHMISSIONER HAC'KIE: Just a tiny little follow-up to that. I want to point out that my favorite line in Byron Koste's letter is that, "We are committed to dedicating our employees, consultants, and other resources, including financial, to preserve this natural resource." COHMISSIONER HANCOCK: And he's not alone. There are some other potential funding sources out there. But, you know, let's determine what the problem is first, and then we'll try and put a plan together. COHMISSIONER CONSTANTINE: Commissioner Hancock, when do you anticipate after that -- is it December 8th? COHMISSIONER HANCOCK: December 8th. COHMISSIONER CONSTANTINE: But it's after December 8th when you anticipate coming back, the following Tuesday or -- COHMISSIONER HANCOCK: Yes. The Tuesday immediately following the 8th or the first meeting following the 8th, I would like to come back with the results of that meeting. They will be made public on the 8th. There will be a statement of findings at the end of that day, and that will be noticed in the paper, press releases sent out, one particularly to Emma. But, no, so on that following Tuesday, I hope to give an update and direction at that point. As Mr. Hamilton mentioned, if there is something that could be done and needs to be done, then we need to make sure it is done on the short term as possible as long as it's prudent and wise and not rash. That is the key concern for me. CHAIRPERSON MATTHEWS: I am interested in seeking a reason for the die-off, but I'm also trying to keep a clear mind that what we're witnessing may be something natural that is cyclical. I don't think it is, but it may be. COHMISSIONER HANCOCK: It may be genetic. We don't know. MR. DORRILL: You have one additional speaker registered. CHAIRPERSON MATTHEWS: One additional speaker? Who is that? MR. DORRILL: Gary Beardsley. CHAIRPERSON MATTHEWS: Mr. Beardsley. MR. BEARDSLEY: Yes. Good afternoon, Commissioners, Bettye Matthews. I would like to add a little personal observation to that. I was on the consulting team that did all the permitting for Westinghouse by Subtropical Bioindustries. And I'm bothered by this perception that there was already some troubles up in the northwest fill area. We did extensive studies, and basically we looked at carbon transport and found that it was a pulsing system at the top end because it was cut off by Vanderbilt Beach Drive. And my personal opinion is that should never have been permitted because of the destruction of the habitat there. Pulsing systems are typical in black mangrove forests. The die-offs that were recorded in the '70s -- and I've been in those areas in the late, middle '70s -- were Buttonwood areas, and that is typical because Buttonwoods are up in the higher areas. And as high sea level occurs it starts to flood them out. So I would caution you into thinking this is just big cycles and this is another cycle. My personal opinion is it is probably multiple things as Commissioner -- I can't think of your name. COMHISSIONER HANCOCK: That's one black mark, Gary. MR. BEARDSLEY: What? That's one. COMHISSIONER HANCOCK: Hancock. MR. BEARDSLEY: -- Hancock. Thank you -- blank. I would caution you into saying that it is one thing, but I strongly believe that it is very much development related that started the process. Thank you. COMHISSIONER NORRIS: Well, thank you very much, Mr. Beardsley. On this particular issue opinions are just like DNA signatures, everybody's got one but everyone is different. MR. BEARDSLEY: But I am a scientist, and you're not. COMHISSIONER NORRIS: That's fine. All the scientists have a different one, too. CHAIRPERSON MATTHEWS: I think that in regards to what Mr. Beardsley was saying was exactly what I was trying to point out that the very issuing of the PUD with the road is that the road has been a contributing fact to the final stress. But that commitment was made 20 years ago, and we have inherited a roadway that we have been led to. And I am not sure what we can or should do about it, but we need to find out what has really caused it. COMMISSIONER CONSTANTINE: Madam Chairman, before we do the next item, I wondered if someone might call the sheriff. Again, hopefully, his people are here and we may get started a few minutes before one o'clock on his item. CHAIRPERSON MATTHEWS: Perhaps. Mr. McNees, can you take care of that? PUBLIC COHMENT - AL PERKINS REGARDING RESTORATION PROJECTS Next item on the agenda is item -- oh, we're at the public petition portion -- public comment portion. Mr. Weigel, is there anyone registered for public comment? MR. DORRILL: Mr. A1 Perkins. MR. PERKINS: Well, good afternoon, Commissioners. I'm back again. This is going to be a touchy situation. This is tough, nasty, and expensive. COHMISSIONER MAC'KIE: Thanks for the warning. MR. PERKINS: First of all, I want to thank Fred Tarrant for defending the people of Collier County and defending the Constitution of the United States and of the State of Florida and for defending me at a meeting of the Departmental of Environmental Protection. Also, I want to take and thank Rich King, WNOG, for permitting me to get the message out about different meetings and for participation in this county on behalf of all of the people. And now we start. There should have been a handout given to you from the DEP that was done last Wednesday night. Diana Dartman (phonetic) and Greg Brock (phonetic) were here to intimidate and threaten and put on notice Collier County, the citizens, and the taxpayers that they intend to take and use eminent domain on any piece, parcel, land, home, or whatever that they declare on any list. Now, that means that the Conservancy here in town can see a woodpecker in your backyard, ask the state, the governor, and his cabinet to put it on the endangered species list, and then it can start a process on eminent domain to take your land away from you. At the present time it is on the coral list which gives the Belle Meade and the Southern Estates -- the Southern Estates contain the canals that drain from Immokalee Road, the farms, Bonita Beach, Bonita Shores, all of Bonita, North Naples, all the way down. Now, their intention was the South Florida Water Management under the Golden Gate restoration plan was to take and secure this land, grab it up, fill in the canals and flood the whole area. We're talking about an undue amount of punishment to the people and to the taxpayers. We're going to kill off the animals, and we're going to create a hardship, and we're going to eliminate the evacuation routes from Marco Island to Goodlette. This restoration program is going to cost untold millions and millions of dollars, because they're talking about pumps, about filling in the canals, buying up the property. But now with that there are select private interests whose property are not on the CARL list. With that in mind, I want you people to remember that we have different things that are going, and you have to pay attention. For example, we have stopped them from drilling off the coast of Naples, but we have operating oil wells off of 29. The oil and gas in this particular area is worth untold fortunes which reverts back to jobs, tax money, everything that's involved. We also have a situation with the water. Now, when the Big Cypress Basin Board, which was an appointed group by Lawton Chiles and the Big Cypress Basin Board and the South Florida Water Management -- these are all appointed jobs -- when they impress the people and intimidate and threaten them with this, then the people had better sit up and pay attention. Water. The Big Cypress Basin Board subsidizes Southern States Utilities to search for water so they can turn right around and treat it and sell it back to the county from Marco Island to Goodland. By last count it was -- at a meeting maybe six months or so ago they've got a quarter of a million dollars, and they're looking for more to put down the deep well injection for the bubble at the site at 951 and 41. Now, you heard me say I recommend recycling, preservation. You people had better pay good attention to what these people are trying to do to you. Needless to say, if I don't quit now, John is going to jump in my face. On behalf of the people of Collier County, please take a long look at this, because if I can I want to get these people registered voters. For your information, we packed that room the other night with people who have callused hands and a brown neck. They all work outside. It was at six o'clock at night when it was dinner time and time to pick up the kids from school. Done, delivered. Pay attention, Collier. You're getting screwed over. CHAIRPERSON MATTHEWS: Thank you, Mr. Perkins. That concludes the public comment portion of our agenda. Item #12A1 AMENDMENT TO THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN PERTAINING TO THE AREA OF CRITICAL STATE CONCERN (ACSC) PROPERTY BY THE COHMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION AS DIRECTED BY THE BCC - APPROVED AND TO BE EXPEDITED We will now move on to the afternoon agenda. We only have one item which is 12(A)(1), an amendment to the future land use element of our comprehensive plan. MS. CACCHIONE: Good afternoon. My name is Barbara Cacchione with your comprehensive planning department. On September 19th the Board of County Commissioners directed staff to prepare a comprehensive plan amendment to the future land use element, to reinstate the exemption for agriculture in the area of critical state concern. The area identified on the future land use map to my right outlined in red is the area of critical state concern. That area has a set of regulations which govern site alteration, drainage, structured installation, and transportation. In 1991 and in 1993, the county developed more stringent regulations in the State of Florida and removed the agricultural exception. The proposal before you today is to reinstate that agricultural exemption to parallel the county's regulations with the State of Florida. The attachment that I handed out to you is attachment A. There is one other change on page 2 and that is for the estate area, the southern Golden Gate Estates area, which we also regulate by local ordinance by these regulations. It is to allow a broader site alteration above the 10 percent for things relating to environmental reasons or in terms of fire control breaks they may be able to clear more for those types of issues. We have met the agricultural community and the representatives of the environmental community. They had two meetings and discussed common issues. There were no resolutions at either of those meetings. However, I do believe that the environmental representatives do have some information that they would like to bring forward to you today. The planning commission voted on this item on November 16th, a vote of five to zero, to transmit this to the Board of County Commissioners for them to transmit to the Department of Community Affairs for their review by a five-to-zero vote with three refusals. The recommendation today is that the Board of County Commissioners transmit this to the Department of Community Affairs. And there are two options. One is to request an expedited review process which is a 30-day review, and if there are no objections, then the DCA will issue their report. The other is to send it up under the normal process which is a three-month review process where they will issue objections, recommendations, and comment report and send it back to staff here, and we'll review it and basically prepare a staff recommendation for you. And there will be two additional public hearings for adoption; one before the Planning Commission and one before the Board of County Commissioners. So the request before you today is to transmit a proposed amendment to the Department of Community Affairs and to specify which review process you would like to utilize. If there are any questions, I would be happy to answer them. Also attached is a legal sheet which identifies the regulations which currently governs this area by the state agencies. That was prepared by Bill Lorenz's staff. CHAIRPERSON MATTHEWS: Are there questions for staff? Public comment? MR. DORRILL: You have eight speakers. Gary Beardsley followed by George Keller. MR. BEARDSLEY: Thank you again, Commissioners, Bettye Matthews. I am representing myself as an individual and also Eco-Swift, which is a coalition -- or a federation, excuse me -- of 33 organizations in the five-county area. I have passed out previously -- I thought the meeting was starting at 8:30, so I laid them on your desks. I also have two additional copies, one for the file and one for the county manager. I won't go through the whole document. We have five pages of concerns and recommendations. Also we have four pages of recommended changes to the Land Development Code that came out of the meetings that Barbara Cacchione mentioned. The main thing, the executive summary of the Eco-Swift positions, is the Board of Environmental Confederation of Southwest Florida, a five-county coalition of 33 member organizations -- and, again, I have attached the names of the organization -- strongly opposes the proposed removal of the 10 percent limitation on clearing for agriculture purposes within the state designated Big Cypress area of critical concern identified by the county as an A/ACSC/ST zoning district. The water quality, quantity, and the interconnected and dependent habitat values of the Big Cypress Swamp watershed, including the sub-area identified as the Big Cypress area of critical state concern is critical to the sustainability of this essential south Florida ecosystem. Eco-Swift maintains that the current federal and state regulations and approval process do not adequately protect the natural resources within this area. I'm just hitting the salient points. Hopefully, you have time to read the rest. Eco-Swift will follow, once formally submitted, both the Land Development Code and the Growth Management Plan amendment process as it moves through the Department of Community Affairs formal ORC process, objections, recommendations and comments, and will continue to intervene where and when its board deems appropriate. Eco-Swift thanks the chairperson and the Board of County Commissioners for allowing our comments and concerns to be presented for your consideration. I think there is some common ground that we could probably agree on and that is, I hope, that you as Commissioners look to the future and beyond your term of office and look into the future with the same type of problems that developed in Clam Pass. These same type of early indicators, high nutrient levels, are being picked up in Rookery Bay right now, and the concern is as I think -- I forgot your name again -- Hancock, there we go, Commissioner Hancock. COMHISSIONER HANCOCK: Bill Smith. MR. BEARDSLEY: Commissioner Hancock mentioned that we're at the finger-pointing stage, and that's basically what our concern, Eco-Swift, has is into the future in 2050. Population projections for Collier County in 2050 are between 800,000 and 1.4 million people. And we're talking about a roughly 300-square-mile area. And if you do some rough math on developing dwelling units per acre, you come up with about 600,000 people. Now, where are we going to put all the rest of the other people? COMHISSIONER CONSTANTINE: I'm sorry. I lost you there. The 800,000 to 1.4 million, are you talking about Collier County? MR. BEARDSLEY: I'm talking about Collier County, and I can back this up. COMHISSIONER CONSTANTINE: I certainly hope you will. MR. BEARDSLEY: I will. I'll send it to you. COMMISSIONER CONSTANTINE: Under the current building code and the zoning and the Growth Management Plan and so on, if you fill every -- MR. BEARDSLEY: Is this my time or your time? COHMISSIONER CONSTANTINE: We'll give you extra time, but if you fill every nook and cranny under current code, you don't come anywhere close to 800,000, let alone 1.4 million. MR. BEARDSLEY: I disagree with you. We have 190 square miles of the urban area. Then you take Golden Gate Estates, Immokalee, Marco Island, and you push those numbers out and you come up with about 600,000 people. Now, that means that the urban line has to go out, or we have to redevelop it in the present footprint of what we're talking about. And what I am saying there are interests in this county who feel that we should push the urban zone out. And Eco-Swift is very much concerned, not with the landowners out now in the 108-square mile area we're talking about that is under private ownership. But they might sell this off and what future land use changes -- we're really saying we need to know now, not in the future when we have problems like Pelican Bay. What are the issues out there? How can we do logical and sensible land planning out there? Thank you. CHAIRPERSON MATTHEWS: Thank you, Mr. Beardsley. Mr. Keller. Who is next after Mr. Keller? MR. DORRILL: Mr. Erlichman. MR. KELLER: George Keller. I'm speaking for the Golden Gate Estates Civic Association. I think most people that moved to Collier County 27 years ago, like I did, came because it was a beautiful place. And I know that any place in the world that is beautiful is going to -- people are going to go there. I spent the first 21 years of my life in Long Island. I was 15 miles from New York City. There were farms and vacant land all around, and I can tell you in about 12 or 13 years it was a mess and every single bit of waterways around became polluted. I'm afraid that basically speaking if we don't do something to go and regulate the growth in Collier County -- and in this particular instance it bothers me that we're reducing the regulation instead of increasing it for the rural areas. And it's only a matter of time. I can see the handwriting is on the wall that people that own property in Golden Gate Estates -- for instance, I've got two and a half acres, and if I can build five or six houses on that two and a half acres, my children are going to be so rich that they won't have to work for the rest of their lives. CHAIRPERSON MATTHEWS: But you can't. MR. KELLER: But the point is if you start reducing it out in the rural areas, it is going to come to us, and we're worried about it. We're extremely worried about it, because a lot of people are constantly talking about setting up cjuster homes and things in the estates. Don't do anything in that whole big area there. Don't do anything that's going to make it possible to develop it more. And when you have farms, and you can start clearing more land, the next stage -- all of the developments we've got in this part of Collier County one time were farms. They're all big developments, and there's loads of money all over the world that are buying in here and expect to go make this a metropolis, and we're going to be living in a stinking place with dirty water and sewage all over the place. And if that's what you want, fine. But do not degrade any land that is there right now. Don't do anything to go and remove restrictions. What you need is more restrictions, not less. CHAIRPERSON MATTHEWS: Thank you. Mr. Erlichman. Who is next? MR. DORRILL: Followed by Mr. Jim Gore. MR. ERLICHHAN: Good afternoon. Gil Erlichman, East Naples and also representing TAG. In the past few months that I've really come to know Mr. Perkins, A1 Perkins, my eyes have been opened as to what is happening in Collier County insofar as the situation with water and our environment is concerned. And so I've developed '- I've always had a latent interest in the environment, but what has been happening now in Collier County has been brought to a head. And I'm looking at this executive summary on page 2. Down near the bottom it says, "At the direction of the Board of County Commissioners, staff met with the representatives of the affected agricultural interest and the environmental interest. The consensus was that the agricultural exemption would be reinstated and that the sensitive treatment, ST, overlay would be reviewed for content and procedure." Well, that sounds all right. But where is the concern about the people, the urban element, the people that live in Naples and in the areas of Collier County that we have our homes and other commercial developments? It so happens that in this past August, recent August and October, we had a lot of flooded areas in Collier County, seventy-five or seventy-seven, I think, to be precise. And all I've heard is the reason for that was that, oh, we've got sheet flow, and the water was coming from the areas of Collier County. Farms were pumping water, because they didn't want too much water where the orange groves are, et cetera, et cetera. Well, I don't understand why we want to take -- and take and give an exemption now or remove the exemption -- pardon me -- reinstate the agriculture exemption within the area of critical state concern. Why do we want to do that? Because to me what would happen now is that it is going to aggravate the flooding conditions more in the future when we have these abnormal rainfall amounts that could occur over the next five or six years. We may be in a wet cycle now. And I really don't understand why you would want to go and reinstate this exemption, this agricultural exemption. If you look at a map -- I have a map here -- and I was amazed to see that all the canals that are leading from Okeechobee, draining from Okeechobee, all go over to the east coast. There aren't any canals that run from Lake Okeechobee to the west coast. I said, well -- and I was talking with someone else, and he said, well, don't forget we are going to be the water reservoir for the east coast, Collier County and parts of Lee County. So, please, do not vote to reinstate this agriculture exemption. Let's leave the situation as it is in Collier County and also make sure that our canal and drainage systems are looked into and maybe -- not maybe -- but we have to improve the present system that we have or else we're going to wind up with flooded areas again this coming year. Thank you. CHAIRPERSON MATTHEWS: Thank you. Dr. Gore. MR. DORRILL: And then A1 Perkins. DR. GORE: Right before A1. For the record, Jim Gore with the Conservancy. I participated in some of the conversations with the environmental groups, and I want to indicate to you that I don't think anybody in any of those environmental organizations really objects to the reinstatement of that exemption. Certainly, if we were landowners there we would not want those kinds of restrictions as well. On the other hand, we are still very concerned about the expansion of agricultural activity and what that might -- what effect it might have on downstream water resources, both ground water and surface water resources. And what we're really concerned more about -- not so much the ag exemption, I think -- is that we really want to make sure that those water resources are protected both in quality and quantity. And the draft of the suggested or potential changes in the Land Development Code particularly have to do with the ag clearing permit really is an attempt to address and to make sure that we have the ability -- that is, Collier County has the ability to protect those water resources and other environmental resources that might be protected or might be impacted by those expanded agricultural activities. And we really would like to encourage you to seek some advice from county staff about the possibilities of improving in particular the ag clearing component of the Land Development Code to address some concerns that we have. Unfortunately, as it stands now, the corps of engineers and the water management district have the authority to ask for water management plans but very little ability to enforce those kinds of things. And we would ask that some stricter language be placed in there so that we do have some monitoring information, so we do know whether or not water quality and quantity issues are being addressed. Thank you. CHAIRPERSON MATTHEWS: Thank you, Dr. Gore. MR. DORRILL: Mr. Perkins and then Brian Hunt. MR. PERKINS: A1 Perkins, Belle Heade Group, Citizens for Constitutional Property Rights. I highly recommend that you do approve and put this agricultural exemption back on the area because you're totally discriminating against the people along property -- it's just that simple. Now, along with the water quality -- now don't forget, people don't get me wrong, Mr. Gore and I go head to head all the time. I have no time for the Conservancy, because they get a 3 percent commission on most everything they do. He is being paid to be here; I'm not. The point being when we get right down to it, and if you own a piece of property, and that property says you're only allowed to take and clear 10 percent of it, you may only be able to clear a driveway to get to your house. Meaning that when the place goes on fire out there, there goes your house, there goes your investment. You've got nothing but a bunch of ashes and a bunch of burnt animals. Everything we're trying to preserve is being totally destroyed because of water. They're flooding out the animals. And what you don't flood out we kill them with fire and with the hunters. Now, I don't know when these people are going to wake up to the fact that what they're saying and what they're doing is in direct opposition to what they think they believe in. The property rights issue and the tax right is a big thing. The areas designated for recreation -- how do you get to it, and what can you do with it, yet you're paying for it. CHAIRPERSON MATTHEWS: The ACSC? MR. PERKINS: Oh, yeah. CHAIRPERSON MATTHEWS: It's private property. MR. PERKINS: It's all private there? CHAIRPERSON MATTHEWS: The part we're talking about is. MR. PERKINS: The part north of the Alley which is under this is farmland. It could be private land. I am not sure on that. But, anyhow, back to the farms. Without the farms what are you people going to eat, because I dare say you don't grow anything, and you don't raise anything. Needless to say, put things in perspective. But fires are a big issue out there. Peoples lives are a big issue. The animals are a big issue. The water is a dollar issue. The gas and oil is a dollar issue. With that, I don't think I have anything more to add to that. I just hope you take a good long look at this, because it's a discrimination factor. Thank you. CHAIRPERSON MATTHEWS: Thank you, Mr. Perkins. Mr. Hunt. MR. DORRILL: Followed by Fran Stallings. MR. HUNT: Thank you for this opportunity. I'm Brian Hunt with Florida Biodiversity Project. The Big Cypress watershed needs to be looked at as a whole. Our organization is intimately concerned, intensely concerned with the Big Cypress National Preserve and the other public lands in that area as are other groups. And I can say that the number two problem, or certainly among the top two problems to the land in this area is water quality. The public has made a substantial investment in this watershed, an enormous investment. And we need to protect that. We all need to participate with the protection of that. I'm very encouraged by meetings that I have as recently as yesterday with the Seminole Tribe who abut this same watershed, a group of people who are taking extraordinary efforts to design their activities in such a way as to ensure high quality water passing through and still allow them to maintain the economic independence within their people on that piece of land. They're taking a lead in trying to cooperate, to come up with ecosystem consistent designed activities such that will protect and guarantee the quality of those areas. We concur with Eco-Swift and with the other groups and the notion that development, as defined under the code, certainly contemplates clearing and landfilling. It must. When you're talking about development in a watershed, it is illogical to exclude the activities of clearing and land filling. Those are precisely the types of activities that are jeopardizing directly the quality of water from many of our watersheds in south Florida. It only takes one bad project, only one bad project to substantially defeat the objectives of protecting that entire watershed area below it. For that reason we feel that we must take a very comprehensive and broad view of this, a protective view. I want to congratulate Collier County for the fact that they have exercised their legal authority, under the law, under their home rule provisions, to exercise greater constraints and restraints and regulations upon this area than the state has. It is appropriate. You're to be applauded for that. It shows that you recognize that these issues are interrelated. I would recommend that this watershed area, that Collier County recommend to this Department of Environmental Protection that this be a place-based ecosystem watershed under the ecosystem management division or initiative of DEP. I think that process will allow the various interests within the ecosystem to have their issues addressed while at the same time guaranteeing that a comprehensive and overarching view of the area will be watched and will be considered. I do not believe, and I urge you not to change, your provisions as they currently are, not to remove this restriction on land clearing in the Big Cypress area of critical state concern. Thank you very much for your attention. CHAIRPERSON MATTHEWS: Thank you. Dr. Stallings. MR. DORRILL: Dr. Stallings followed by Barbara Cawley. DR. STALLINGS: Fran Stallings, Florida Wildlife Federation. Our concern is that you seem poised to reinstitute the agricultural exemption, and we just don't feel that there is adequate protection for the resources out there at this time. That's our real based concern. I don't know that I would agree with Mr. Keller that we need more regulations, but we certainly need better regulations. The enforcement of the regulations that we have is extremely lax. So we do have a lot of concern here, and we hope that down the road when some of us perhaps come back and ask for some protection for these resources that we feel will be lacking, that you will give us a favorable hearing. We did participate in the position statement that Eco-Swift has presented to you. We support that statement, and we urge your careful consideration of it. I think when Gary was talking about the large population numbers potentially in the county, this board has the authority, if it so chooses, to move that urban boundary eastward and to thus allow for the possibility of a much, much higher level of population in the county than we presently have. It does have to have DCA approval, but you do have the authority to adjust those boundaries. I think that's where Gary was coming from, and some of the rest of us, too, are concerned that we could have much more in the build-out projection of 600,000 or whatever it is. Thank you for your consideration. CHAIRPERSON MATTHEWS: Thank you, Dr. Stallings. MR. DORRILL: Barbara Cawley and then your last speaker would be Brad Cornell. MS. CAWLEY: Good afternoon, Commissioners. I feel like I am in the wrong hearing. All the discussion today has nothing to do with the amendment that is being proposed today. I am just overwhelmed at the discussion. First of all, I would like to say we would like to agree with staff's recommendations to reinstate the agricultural clearing exemption. Second of all, I just -- I know we've been through this before, but I guess I need to put it on the record, that this exemption has been in place since 1972. It is not something new. It is something that was by the state legislature, adopted by the governor and cabinet. It's a property rights issue. You can't prohibit the use of somebody's property down to 10 percent. It's not a rape and pillage issue. It is not a water quality issue. It's a use of private property issue that was recognized by the state legislature and by the governor and cabinet when they adopted Chapter 3805. It's a very simple amendment. If there are problems in terms of water quality, if there are problems in terms of monitoring, this is not what we're talking about here. This is not the place to deal with that. First of all, I don't agree that there are. I believe that there are adequate regulations in place. I mean, all of us have dealt in our public and private lives with the amount of regulation that is on private land these days. Even at the federal level, we're trying to find ways to get government out of people's lives instead of trying to increase government into people's lives. But if, if fact, there needs to be regulations, it's a bottom-line cost issue. And is the county wanting to take that responsibility? Does the county want to hire staff to go out and do monitoring and water sampling out there? Is it something that you're going to put back onto the agricultural community to do that? The bottom line is we have that. And I truly believe that we have that. We now have a new environmental resource permit that's required every time an agricultural permit is issued out there. This is not exempt property from any of the state and federal regulations. And part of that is stormwater management, part of that requires you to make sure that your stormwater discharge is not polluting downstream areas. So that is why Iwm kind of confused as to what wewre talking about out here. The farmers have been absolutely the best stewards of the land of anybody in this county, bar none, including the federal government. And I believe that if we are given the chance to continue doing what wewve been doing since 1920 -- wewre not talking about something that wewre going to be changing at this point -- that we will continue to have the best maintained land in this county. It is a fairness issue. Itws a legal issue. Itws a takings issue. And I believe that what wewre asking for is for you to transmit this forward to the Department of Community Affairs and ask for an expedited review of the Growth Management Plan amendment and then to reinstate the Land Development Code language -- identical language into the Land Development Code. If I could answer any questions -- I could go on for a long period of time on this, but I think wewve been through a number of public hearings, and I think we have covered most of the issues. CHAIRPERSON MATTHEWS: Yes, we have been. Commissioner Hancock. COMMISSIONER HANCOCK: Ms. Cawley, help me clarify something. Under the proposed language, a requirement that agricultural use of the land and any drainage facilities associated with that shall release water in a manner approximating natural flow and so forth, is that eliminated under the language proposed? MS. CAWLEY: Yeah. Let me explain a little bit about what the reasoning behind some of that is. And I know it when you read it, it sounds like itws giving carte blanche to go out there do a lot of -- COMMISSIONER HANCOCK: It sounds like youlye been bermed, diked, do whatever -- MS. CAWLEY: I agree. COMMISSIONER HANCOCK: -- without regard to sheet flow and water quality. MS. CAWLEY: But you have to think that was passed in 1972. And since 1972 other regulations have been passed which regulate the use of the property out there. And they kindly put together the three pages of regulations that cover those types of issues. COMMISSIONER HANCOCK: That was my question, because I donlt see that particular issue covered. I see stormwater quality of discharge, which is good. I see addressing environmental criteria. I see addressing stormwater quality of discharge again. But what I donlt see -- and I guess itls just the recent rains that highlight it -- is any regard to, you know, how the water is discharged in a manner that does not impede unnecessarily sheet flow. Obviously, this whole area is sheet flow now. If you go in to use it for agricultural uses, youlre not going to allow the sheet flow to continue through the property. But the way in which you route it, youlre berming a dike on, if that backs water up behind it it creates other problems. Iim just saying that right now it looks like welre saying that that needs to be a consideration. I donlt see where that is a consideration. MS. CAWLEY: Itls part of your ERP permit. You have to look at all of your entire water quality issues when you do your ERP permits. Remember this is an environmental resource permit. Theylye expanded it to cover all the various issues regarding your environmental issues out there. And we're not talking about -- I think what you've got to get into your brain, we're talking about agricultural uses and property out here. We're not talking about urban uses. We're not talking about putting in a house someplace out there that somebody is going to have their front yard flooded or their backyard flooded. We're talking about farm fields, pastures, citrus groves where the issue of backing up water into somebody's property isn't as critical as it is when you're talking about it in somebody's home or where you're having flooding in somebody's home. And these people have dealt with this issue of flooding and droughts for years, and they have to deal with it. They pump off it, and they use their property in a way that handles the water. They have to or their fields will die. COHMISSIONER HANCOCK: So these are current standards for the ACSC? MS. CAWLEY: These are current standards for everything, not just for ACSC. This covers ACSC as well. COHMISSIONER HANCOCK: Okay. And I read through the ERP, but by the addition of number 4 on page 3 of the proposed language it says, "None of these rules regarding drainage facilities would apply to agricultural uses." MS. CAWLEY: None of the rules above. COHMISSIONER HANCOCK: Right. Which is the one that I cited, new drainage facilities shall release water in the manner approximating and so forth. You're telling me that the environmental resource permit addresses '- MS. CAWLEY: It supersedes; that's correct. COHMISSIONER HANCOCK: So that the state is, in fact, addressing that issue? MS. CAWLEY: That's correct. And remember -- I keep coming back to the fact that this was adopted in 1972 when there were no regulations. And, in fact, in 1972 the state said we don't believe agriculture should have to do anything, that we believe that agriculture is so important to our communities and to our state that they don't have to do any of these things that would be required -- extra things that would have to be required in an area of critical state concern. Since that time, of course, we've had a myriad of regulations and we continue to update the regulations that cover those issues. I mean, you could look at almost any of these man-made lakes and ponds, and containment shall be constructed a maximum slope of 30 degrees, blah, blah, blah. Well, that's all been updated in terms of how the South Florida Water Management District looks at how they make lakes out there. We just can't go out there and say we'll do whatever we want in terms of lakes. So most -- these things have been superseded in terms of these things (indicating). And we are covered in terms of water quality and water discharge issues. CHAIRPERSON MATTHEWS: Any other questions? Thank you, Ms. Cawley. MS. CAWLEY: Thank you. CHAIRPERSON MATTHEWS: Mr. Cornell. MR. CORNELL: Thank you for the opportunity to speak. My name is Brad Cornell. And I'm here on behalf of the 1200 members of the Collier County Audubon Society and its volunteer board. I'll be very brief. We also are very concerned about the resources particularly in the Okaloacoochee Slough, which is part of the area of critical state concern. We echo what many of the speakers have already said before me; water quality, quantity, wildlife issues, habitat and also notification of the public land managers that are downstream when any development is pending. They should be involved in the process. We do feel that county regulations and state and federal permitting processes are not adequate to protect this resource if we remove -- if we reinstate the exemption as you are proposing. And we -- the Collier County Audubon Society is specifically asking that you make today some sort of assurance that these resources will be protected if this exemption is reinstated. Specifically, we would like to see the proposed LDC language that has come before you, I think, at the October 18th meeting, be considered for adoption, and if you would consult with your staff on that language. The LDC does need to be strengthened in order to protect the resource. It's not adequate without that. And, finally, I would like to just comment that people want growth and development to be controlled and well planned in order to protect the living, the quality of life that we have here. And an integral part of that is the natural resources which we all enjoy. I don't think that anybody really cares what agency's jurisdiction it is who is going to do what. All they want is to have it taken care of. And I believe that it is really incumbent upon us here at the local level, and you as our local leaders, to take the leadership in that protection. It is our responsibility to take care of our own backgrounds. Thank you very much. CHAIRPERSON MATTHEWS: Thank you, Mr. Cornell. That was our last speaker? MR. DORRILL: Yes, ma'am. CHAIRPERSON MATTHEWS: I'll close the public hearing for this. Is there discussion amongst the board or questions of staff? Commissioner Constantine. COHMISSIONER CONSTANTINE: Just a couple of thoughts. When we started out there was a suggestion by Mr. Beardsley that our population is going to balloon to 1.4 million. I think that does nothing but tear away at the credibility of those comments. Both the first two speakers, Mr. Beardsley and Mr. Keller suggested a number of terrible scenarios, but those are based on hypothetical happenings and future action of the boards that might change the urban boundary or might do something else. That's completely hypothetical and none of that is based in facts that we have here. None of that is based in the current Growth Management Plan or the current Land Development Code. So those aren't realistic numbers. I do appreciate Dr. Stallings comment, we don't need more regulations; perhaps we need to fine tune some regulations we have. But Mr. Keller's assertion that we need more restrictions, I think, is a terrible thought. There is a thing called private property rights. If I own a piece of property, I don't need the government to tell me that I can only use 10 percent of that or I can't use it at all. And if I have invested in that property, it is wrong for the government to tell me I can't use my own property. So I think to suggest that we need more and more restrictions is a disgrace. I'm going to make a motion that we approve the item as staff recommended. COHMISSIONER MAC'KIE: Second. CHAIRPERSON MATTHEWS: We have a motion and a second. Commissioner Norris, you have a comment. COMMISSIONER NORRIS: Yes, I do. A couple of things also. We're talking about an area of critical state concern. It is the state that has the critical concern, and they have designated this area. And what we are proposing to do here very simply is to apply state regulations; that is it. Applying state regulations to an area of state critical concern seems perfectly reasonable. The other thing is the private property rights issue. While I understand the thoughts of the various groups that want to do something to protect the water out there in that area, asking local government to, in effect, take the property rights away through regulation, may not be the very best way to do it. A suggestion for the groups that feel strongly enough about protecting that watershed out there, perhaps they could take a cue from the state and simply purchase that and get it off of the ability for development or use it for agricultural purposes. And that way you're not infringing on somebody's private property rights. It will be your private property. You can even deed it over to the county as a conservation easement and in perpetuity it will not be -- cannot be altered. So that's a much more reasonable approach than to try to take people's property rights through regulation. CHAIRPERSON MATTHEWS: Commissioner Hancock. COMMISSIONER HANCOCK: I've expressed some concern about sheet flow, some concern about water quality, but the reason we're here today is the 10 percent that was developed initially was arbitrary. Nobody can find why it was 10 percent, why it wasn't more, why it wasn't less. It was just 10 percent. There's no real basis for it. It has no regard to the use of the land or the location of the property or what is upstream or what's downstream, just a flat 10 percent. And what it does, it puts this board in a position to say we are going to limit 90 percent of the use of your land under current property rights legislation. We're putting ourselves in the position to require us to begin writing checks with your money to buy the property unless we do something about this. So I don't think we have much of a choice as to whether or not we want to mirror state guidelines or not. If we don't mirror them, we have to have justification for any additional restrictions. If we don't we're going to end up in court, and we're going to lose. So I think regarding the private property rights issue, our hands are tied a little bit in moving in that direction. I would like to see, however, as Dr. Stallings has mentioned, the environmental resource permit I think we would like to see more about. If this is an area of critical state concern, and the state has an environmental resource permit, and the state is not enforcing that, then let's get on the state. But locally developing a whole other department for review and permitting is difficult. And, Mr. Beardsley, when you and I talked, we talked about a joint effort, about everybody coming together on a single plan, and I think that is a great idea. But to put the county in this whole responsibility for enforcement for that is a burden that I don't think our taxpayers want and one that I think is unfair. So I am going to support this. But what I am going to look for in the future is more information on the environmental resource permit that is issued by the state, how it can be improved and maybe localized. But I think that burden falls upon the state more so than Collier County. CHAIRPERSON MATTHEWS: Commissioner Norris. COHMISSIONER NORRIS: Commissioner Constantine, does your motion select which of the review processes we are going to use? COMMISSIONER CONSTANTINE: It does not. I'm open to your suggestions. COMMISSIONER NORRIS: Expedite would be my suggestion. COMMISSIONER MAC'KIE: That was the second's assumption. COMMISSIONER CONSTANTINE: I will include that as part of the motion. CHAIRPERSON MATTHEWS: Does the second accept that? COMMISSIONER MAC'KIE: Yes. CHAIRPERSON MATTHEWS: The only comment I am going to make on this is that when this discussion started out several months ago, I spoke of the research that I had done over the summer and that the fact that I could not find a single word in the public record about the elimination of the ag exemption in 1991. I couldn't find a single word about it. And that's what is going to move me to support this motion, because in my estimation the property owners have been deprived of the right to develop their land without any public comment. And if we need to start this process over again when we see that it generates problems, we'll be glad to discuss it again. But I've had specific problems of taking property rights without any public comment whatsoever. With that, I will call the question. Is there further discussion? All in favor, please say aye. Opposed? Motion passes five to zero. (Applause.) CHAIRPERSON MATTHEWS: Thank you, A1. MR. PERKINS: Thank you on behalf of the people of Collier County. And they don't know it yet, believe me. Thank you, guys, right across the board. CHAIRPERSON MATTHEWS: Ms. Student. MS. STUDENT: Madam Chair, I just wanted to state for the record -- I assume we have discussed this before, but this is subject to how things may play out with our ER report, but we feel that there is a window of opportunity to make this ER based amendment as well. I will have to work some details with DCA on that, so we think we will be able to go forward with that. Item #11A REVISED JOB CLASSIFICATION AND PAY PLAN SCHEDULE IMPLEMENTATION PER THE PAY PLAN STUDY PERFORMED BY DAVID M. GRIFFITH AND ASSOCIATES - APPROVED WITH CHANGES CHAIRPERSON MATTHEWS: Thank you. Next item on the agenda and the last item today is item ll(A), a recommendation to approve the revised classification and pay plan schedule with the sheriff's office. Sheriff Hunter, are you going to handle this? COMHISSIONER CONSTANTINE: Let me share a couple of thoughts with the board to see if there is any general agreement here. I know we've all had an opportunity to meet with the sheriff and/or his representatives. I appreciate the information you provided since we got together two weeks ago. I don't have any trouble at all. I fully support the idea of adjusting the salary range for your law enforcement officers, particularly the information you provided comparing like counties. It shows that we are woefully deficient on most if not all of the law enforcement positions. I am particularly concerned about those who are bumped against the top of their salary range and who have been for some time, as well as incoming and new hires. And so hopefully by some sort of adjustment we can correct that. My main concern -- and really this is the only concern of the board from our authority standpoint -- is from where do we get the money to do this. There are a couple of different ways which you can implement this, and you and I talked about that Friday and the cost impact on those different ways. I don't know about the others. I am fairly comfortable. The deputies need their increase. I am much less comfortable with where do we get the money to accomplish this between now and the next fiscal year. For me that is the point that I would like to see you work on with us today. COMHISSIONER NORRIS: When you said that we could work toward adjusting these pay scales, you didn't mean the Board of County Commissioners? COMMISSIONER CONSTANTINE: No, that's not our purview. COMHISSIONER NORRIS: Thank you. COMHISSIONER MAC'KIE: And that's where my point about -- my thought about today's discussion is that the question is whether or not we approve the budget amendment requested that I think we're getting too much into the sheriff's business about how he spends the money after it's allocated, appropriated to him. And that part of that has made us a little uncomfortable like why is the constitutional officer asking us about raises for his staff. Well, he isn't, because we don't have authority over raises for his staff. However, because of the time of year, it is necessary to have a budget amendment to process those raises. And he warned us that that was coming in the budget process. I would like to have us today just focus are we or aren't we going to approve the sheriff's request and not talk about how he spends the money that's appropriated to his constitutional office. COMMISSIONER NORRIS: I agree. COMHISSIONER MAC'KIE: Then, I'll make a motion that we approve the sheriff's request. COMHISSIONER CONSTANTINE: I don't know that it is that simple. Again, we had this discussion. I would love to hear from the sheriff as part of this, but there are different scenarios in which -- we can't totally separate a plan from a discussion because when you ask for a budget amendment, it has to be for a particular reason. As I said, I am comfortable that the deputies need some sort of adjustment there to catch up. But to suggest that the numbers put out here are absolute and without fully understanding the implementation, to understand how this affects the 28 new positions and 900,000 that we set aside for that, to understand how this is going to impact our millage rate going into next year are all important things, and we can't simply ignore those. CHAIRPERSON MATTHEWS: Commissioner Hancock. COMHISSIONER HANCOCK: That's the basis for my questions. I'll put them up front and then you can address them as you feel appropriate. This request consists of three parts; the current $904,000 that was set in the reserves that is for salaries next year if all hires are to occur. The second part is $619,000 in excess turn-back that would be, in essence, credited to next year's budget or make things easier next year. And the third part is approximately $300,000 in realized savings above and beyond what was expected in some area of workmen's comp. And so forth that has been explained to me. So those three total $1.8 million. Here is my concern. The $619,000 alone represents a 1.4 percent total of the sheriff's proposed budget. You add $300,000 in additional realized savings and you have another .7 percent increase. My concern is not so much that the pay plan as proposed is not needed. I don't think anyone here is arguing that extensively. My concern is that you are already starting next year 2.1 percent over the current budget without any salary adjustments, any additional capital expenditures. We have already looked at next year -- we don't have a crystal ball and it's foggy at best -- and it's not looking like a good year. It's not looking like the kind of year that can absorb heavy impacts. So my concern is not just the immediacy of today but how that is going to apply to your budget next year, and it's going to make -- you know, it's kind of pay me now or pay me later. There is only so much we can look at each year. And we are talking about an additional 2.1 percent increase over a previous 4.6 percent that was approved. That is going to carry into next year. That is where my concern comes from is how this plays out year after year and the accumulative effect. SHERIFF HUNTER: Is that in the form of a question? Are you requesting a response on that? COHMISSIONER HANCOCK: What I'm requesting -- SHERIFF HUNTER: I would like to make a statement. I would like to make a comment on that. To begin with, I think perceptions are everything. And in the public's mind they need to see this in the global view, the way that this has all come to pass from back in 1988 when we participated with the Board of County Commissioners in the pay study adopted by the then seated board. And we implemented in 1989, January of 1989, a pay plan. It was to be looked at again every other year, so we would make market adjustments as the numbers would dictate so that we would remain in a competitive position relative to other law enforcement agencies of our size. And in that state-wide competitive market that we participate for law enforcement, unfortunately those pay studies never occurred. We did surveys each year on our own, and we tried to maintain pace in terms of the cost of living and whatever adjustments the board would permit as we worked with those seated boards and with this board trying to meet your imposed caps on the budget each year during the budget proposal process. That is a matter of fact, and that's the way the process has worked. I have left, since 1988, the base pay of deputy sheriffs in place. And we hire people today at what we paid in 1988 numbers, $20,751. That is no longer a competitive figure. What we have done over a period of time though, for the public's benefit, is stay exactly with the Board of County Commissioners in your policies pertaining to budget caps and no adjustment to the pay plan, the pay study that was conducted in 1988. And the point is that that has all caught up to us now. I am unable to fill positions the way that we need to fill positions to maintain public safety. In order for us to be in a competitive posture, we must pay money now regardless of what it costs me. I have tried to reduce the cost of implementing this pay plan so that we aren't faced with such a huge liability in future years. We are phasing it in. We're trying to shoot for a midpoint and be competitive, but we're certainly not going to top the scale. We're not going to be the most competitive. We're not going to attract people based on wages alone. We're hoping that other amenities and benefits are going to continue to play in our favor so that we will attract the right candidates into this area and put them into law enforcement positions. I know of your concern, Commissioner, because it's my concern as well. It's my budget. You authorize the monies, but I will stand responsible for the expenditure of the funds and for the amount of money requested. I, too, am concerned about the numbers and the way they came out. I tried to minimize that as much as possible but still derive the benefit. The benefit is to put qualified law enforcement and civilians in positions of public safety in the agency in the numbers necessary to perform our duties so that we continue to have a safe county. I will be approaching you next year in rolling into our budget proposal a number consistent with the pay study. And we will try to find ways in the 1996-97 budget proposal of trying to minimize impact so that the millage and the concerns over taxation are all preserved, that we have those same concerns, we cooperate with you, we try to do what we can to reduce the cost of government. I make that promise to you as we have done in every other year. And, again, we'll be talking about HSTU the end of the calendar year. You may have adopted an ordinance that will separate the sheriff's office from those other concerns of county government. I will stand, again, alone to represent that budget. I will take responsibility for it. I will explain it. I will justify it and, hopefully, as I asked before, we will talk about other types of funding sources when we come to this budget proposal process next year. I'll work with you. But I would like to see adequate pay, competitive pay for the members of the Collier County's sheriff's office so that I may attract and retain those qualified people necessary to perform public safety here in Collier County. I am looking for your support. CHAIRPERSON MATTHEWS: Mr. Dorrill, I've got a couple of questions before we get into this really deep, because I am a little bit concerned about the magnitude of the differences that this pay plan study developed. You're currently undergoing a pay plan study also; is that correct? MR. DORRILL: As is the clerk. CHAIRPERSON MATTHEWS: As is the clerk. The implementation of this plan -- and I know we have heard a lot of discussion over the last couple of days that the sheriff's deputies ought to get an increase, but I never hear anybody talk about what the magnitude of that increase is. We're looking at 30 percent for the sheriff. Are you anticipating anything close to that? MR. DORRILL: I am not, but I'm not going to try to speculate on what they will be, because we're not even in receipt of a draft yet, but it is surprising to think that they might increase by 30 percent of what I would call the civilian support positions. CHAIRPERSON MATTHEWS: We don't have yet a first draft on the pay plan? MR. DORRILL: We expect one just prior to the holidays, and the final draft would be sometime in January. We would hope to present that as you prepare the budget policy and priorities, usually February. CHAIRPERSON MATTHEWS: How would you expect -- and we're always talking about improving morale -- how would you expect your employees to feel if your pay plan study comes in at somewhere between 8 and 10 percent increase, yet the sheriff's comes in at 30 percent increase, and we have now a disparity between secretary ones working for the sheriff and secretary ones working for the manager? Are we then going to have an employee drain going to the sheriff's department who is proposing -- it looks like paying about $2,700 more a year than ours would be if we had a 10-percent increase? MR. DORRILL: I think that's probably a good question. The understanding that I had from last week in my individual private conversations with the commissioners is that you wanted to distinguish between the two. And, frankly, I haven't heard or had a single commissioner tell me that they were not willing to be an average appropriator of road patrols sworn sheriff's positions. But I also have not had a single commissioner tell me that you were anticipating providing unbudgeted salary increases across the board in the sheriff's department. And I don't think that we would have a wholesale flight of employees, but I would think there would be a morale problem. But I guess my question is that your number one priority -- because I haven't heard any of you tell me thus far that you're willing to -- COMMISSIONER CONSTANTINE: I need to clarify for a moment, because I am assuming the board's direction two weeks ago was to look at law enforcement officers now, and then we would look at others. And I realize there are proposals here for the other -- what we determined were two other tiers. But when we talked about how much money we're talking about, somebody mentioned the 1.8 million. That would be for the entire plan. So I want to make sure today that we're following our direction of a couple of weeks ago and that today's discussion is limited to law enforcement officers. And then after we decide what to do here, we will move on and look at the other tiers. COMMISSIONER MAC'KIE: It wasn't my understanding that we told the sheriff we would only talk about law enforcement officers in the last discussion. I thought we asked for him to please to go away and divide his employees into three categories and let's look at them in those three categories, but that today we would only talk about law enforcement. COMMISSIONER CONSTANTINE: Commissioner Hancock, you made the motion that -- COMMISSIONER HANCOCK: The motion was, in essence, to look at how the study was structured because I felt that just a straight agency comparison of all positions in the sheriff's office was not truly appropriate because there are positions that compete at statewide such as a deputy wants to work as a deputy he is going to apply to several agencies throughout the state, or she is going to apply to several agencies throughout the state. So you have some statewide competition. I think the agency-to-agency comparison of similar size is fair there. Tier two, and these are not in -- and this is why there was some great misunderstanding that these are levels of importance. That's ridiculous. It was never stated nor implied. Tier two is a position that generally you draw from a local pool. You may draw from outside of the county, but really where we are is on-the-job training, specialization and so forth. In other words, attracting those people is not as difficult as retaining them once they get trained. And tier three is what I call local pool, the type of position that you have to advertise locally for that you aren't going to draw somebody from St. Lucie County to come do the job. It was for purposes of comparison. Now, there was a very clear statement that we all recognized what was presented that the entire report was structured the way we would look at tier one. You had a certified law enforcement officer, the jail deputies, the ones that have to go through academy-type classes. You know, that is a statewide competitive position. The entire study was done on that basis for all employees. And so my motion was to structure -- look at the structure of the study and tailor it to what the competitive group of potential applicants would be. Now, what has come back is the study was changed to include only those agencies that we identified, but the study was still structured the same. COMMISSIONER MACwKIE: I emphasize that, too, because I hope everybody got the same packet that I got from Ms. Kinzel when we met. And one of sheets of paper that is included in there is an implementation cost by tier. I think they have been very responsive to what I thought -- the information request I had anyway. Maybe we all had different things in our minds, but I just wanted to point out that they have divided the request into tier one, which is the certified law enforcement officers that wewre talking about; that request is about a million three fifty; that tier two, which I think is described as you just described it, is $300,000 of the request; and tier three, again, following the description that you just gave, is about $150,000 of the request. So I think that they did break it down. They didnwt give a new report from their consultants, but they did give us to my satisfaction those numbers. COMMISSIONER CONSTANTINE: No. One of the things we did was compare to like positions. And before I am going to be prepared to vote on tier three, for example, secretary positions, I want to know -- and I donwt think wewre prepared to do this today -- I want to know from Mr. Dotrill what ours are, what we anticipate perhaps what our checks will be. I received yesterday from the clerk of the circuit court what they may do, and I would just like to go and compare those. And the sheriff and his staff were kind enough to pull all of that together for the sworn officers, and I am prepared to take some action on that today. But we do not have all that information on the other divisions, so my recollection of the motion was that we handle these one at a time, and that wewre prepared today to handle tier one. COMMISSIONER HANCOCK: Youwve done what I initially asked for in tier one and that is you separated out the number of positions as I understand from my meeting with your representatives yesterday, you were talking about road patrol through captain, law enforcement officers. Wewre talking about certified jail deputies. Wewre talking about servers of, I guess, dangerous warrants or heavier conflicting situations. And there is one more that I am missing there. But it seems that tier one were all academy-type -- you know, I mean, statewide competitive positions and so forth. So I donwt argue the accuracy of the tier one numbers. But what I noticed yesterday when we were talking about this, we classify as certified positions from what the sheriff classifies it for, the classifications may read the same, but the explanation I was getting was the job description is completely different. COMMISSIONER MACwKIE: Thatws the same explanation that I got. COMMISSIONER CONSTANTINE: Well, again, I donwt want us to get off too far. The intent in my understanding is I am not prepared for tier two or tier three today. Let's deal with tier one which is -- correct me again Commissioner Hancock if am mistaken. I thought that was the focus today. We were going to look at that. We have all our comparative figures here for tier one. Let's deal with what we do have instead of saying, well, we don't know this, we don't know that about two and three. I don't think there is any urgency. We can do tier two a week from now or two weeks from now. As long as we continue to move forward, I suspect we can still deal with those. But let's take care of the law enforcement officers immediately and not fool around with the other stuff. SHERIFF HUNTER: If I may make a comment -- CHAIRPERSON MATTHEWS: Sheriff Hunter. SHERIFF HUNTER: -- pertaining to some of the issues that we're raising during this discussion amongst board members. First of all, I would like to make certain that the record is clear that the agency has been responsive to the request for information, to the manner in which the information was requested to be formatted, that we have even followed up to make certain that we were responsive. I hope that that is the case. If not I would be hearing it for the first time today. I believe we have been responsive in terms of providing the information. I would like to remind the board in our last meeting and in the meeting before when Bakingham Griffith (phonetic) representative Carol Long spoke, she was very careful to make the board aware of the fact that even in these so-called tier two, tier three positions that are not certified positions, that local market information was included in the study and has resulted in the findings, the results that even these tier two and tier three local market positions are out of sync with the competitive market conditions here in Collier County. And that I believe -- we have the representative here. Carol Long is here to address those issues and respond to your questions. But my understanding is that that was a region-wide study that was conducted that she rolled into this overall study. And it did look at the local market -- the local market position that you're concerned with, Commissioner Hancock. So that would be incorporated in the study. Those positions are as much a concern for me as any. We can't compete against the county manager for a couple of reasons. The clerk typists in the sheriff's office -- just as an example, records bureau work shifts or we try to have them work shifts. As you noted in an article today, not necessarily complementary to the agency, we're down about half of what we're allocated. I can't retain those people. I can't retain our clerk typists in records bureau. I can't hire them. I can't hire them new because we're not competing well against board and similar other governmental agencies. Why would a person come to work for me for less wage, same benefits or less, working shift work, missing holidays, missing evenings with their family, missing weekends with their family if they can come right across the street and work for you or some other governmental agency, the tax collector, Guy Carlton or Abe Skinner? That's really the issue. COMMISSIONER CONSTANTINE: Excuse me just a minute. Can we poll the board and see if the general consensus on the board -- and if we're looking at all three today, that's fine. My recollection is that we're not, but if we weren't, then I would just assume not waste a lot of time doing that. If we are I need to know. CHAIRPERSON MATTHEWS: I have the same problem. I'm finding some discrepancies between what the sheriff is proposing as entry level wages and what -- I got the same report from the clerk and what the clerk is proposing for his entry level wages considering the fact that the manager is also doing a pay plan study. And his probably won't come out this high either if the whole study isn't flawed with just these being as high as they are. And that is what my concern is. We're not just talking about $2,000 or $2,500 an employee, we're talking about a lot more. COMMISSIONER CONSTANTINE: Before we have a long discussion on this, can we determine, yes, we're dealing with two and three today or, no, we're not? Because if we're not, there is no need to go on with that discussion today. We can do that another day and let's focus on -- COMMISSIONER HANCOCK: Do we have consensus on tier one? CHAIRPERSON MATTHEWS: Well, that's what we're trying to find out. Commissioner Norris, are you prepared to deal with tiers one, two and three? COMMISSIONER NORRIS: Well, it's my understanding that we were going to concentrate on tier one today and perhaps save two and three for another discussion at a time to be determined, but I don't recall that we were going to do all three today. CHAIRPERSON MATTHEWS: Commissioner Hancock. COMMISSIONER HANCOCK: Again, I think we are comfortable with tier one because the sheriff has identified what that includes and a dollar amount with that, so I'm ready to go ahead on that. I do think if we do have issues with tier two and three that we know of today, we need to articulate those to the sheriff and his folks can answer that so that we don't start from scratch. So I would like to do that on tier one and maybe a little open discussion on two and three with any concerns discussed. CHAIRPERSON MATTHEWS: That is also my opinion that we were only going to be materially addressing tier one. COMMISSIONER CONSTANTINE: My recollection is like Commissioner Norris. We'll deal with tier one. I think once we have concluded that discussion, Commissioner Hancock's idea is a good one that we could give you whatever questions. CHAIRPERSON MATTHEWS: Commissioner Mac'Kie. COMMISSIONER MAC'KIE: I have just a question maybe for the county attorney. It seems to me that this position is odd in the face of our all having to see these constitutional officers requesting a budget amendment. We approve it or we don't. Can we divide this up? I guess we can do whatever we want. Are we going to divide up his request or tell him to go away and come back for part of it next time? I just think it's not appropriate, I guess, is what I am going to say. I think that absolutely we have to do a pay plan study, and we absolutely have to be sure that the county manager's agency is paying for specialized positions in its labor pool, clerical kind of positions in accordance with the market. But we have dragged this for so long that I would like to at least get the information on the table today. COMMISSIONER CONSTANTINE: I'll tell you what I think is COMMISSIONER MAC'KIE: If I could finish this, Commissioner Constantine. You're so touchy about that. I would appreciate the same sort of courtesy that you would require. I would like to hear from -- at least hear from the sheriff on tiers two and three today. I was prepared to make decisions on all of those, because I think out of deference to a constitutional officer we ought to respond to the entire request. I would lose on that discussion. COMHISSIONER CONSTANTINE: What I think when you say it is inappropriate that we not do this and that we need to all today or drag it on too long. We have continued it from two weeks ago. This is the first time we've heard this. So it hasn't gone on too long. There is no rush. We need to come to the appropriate decision and take care of the personnel here and make sure they have appropriate pay. But whether that happens 14 days after the sheriff first brings it to us or 21 days, I think that what we have a responsibility to do and what is appropriate is as guardians of the public tax dollar and know what it is that we're spending and for -- what request it is, have some basis in fact and when we're going to do that. Two weeks ago it wasn't complete, and we asked the sheriff, and he has responded and much of it is complete now. It is not complete in levels two and three. To go another seven days is not going to do any harm to decide what is appropriate. What's appropriate is to be able to clearly answer the question before we vote to spend nearly two million tax dollars. COMHISSIONER MAC'KIE: I think the majority of the board has already agreed that we're only going to vote on tier one today, so what we agree or disagree about is irrelevant. COMMISSIONER NORRIS: Instead of sitting here and discussing what we're going to discuss, let me ask a pertinent question. I have a couple of questions. CHAIRPERSON MATTHEWS: Commissioner Norris. COHMISSIONER NORRIS: Sheriff Hunter, our material here says that this budget request would represent a full year implementation of the plan alone. Actually we're part of the way into the year already and then it will take you some time to gear up. So my question is you probably don't really need for us to budget in the full request even for tier one because we're dealing with a part year already? SHERIFF HUNTER: I assume we're referring to the executive summary, October 30, 19957 Would that be correct? COHMISSIONER NORRIS: No. This is just a little material that we got today in our executive summary and it says the full year implementation of this plan would cost an estimated $2.4 million including benefits. SHERIFF HUNTER: That's correct. COHMISSIONER NORRIS: The full year is the point that I am getting to. SHERIFF HUNTER: Right. The one that is before you this morning is just a partial-year funding of 1.8 million which would be the cost of the pay adjustment to market with the benefits included. And then, of course, next year for a full year's implementation we would be looking at -- we estimate $2.4 million. So that would be the full year that we're referring to there. COHMISSIONER NORRIS: All right. Now, someone answer the question for me. If we budget the sheriff's request for tier one today, does the sheriff still have the latitude to place that in any of the tiers that he wants to? CHAIRPERSON MATTHEWS: Absolutely. COHMISSIONER MAC'KIE: That's the point. COHMISSIONER NORRIS: So it's immaterial for us to sit here and discuss which tier we're going to discuss. CHAIRPERSON MATTHEWS: The point is to discuss how much money we are going to give him. SHERIFF HUNTER: Hay I -- for purposes of clarifying the record for one more time? There was a suggestion made earlier -- a comment from Chairman Matthews -- that we had a 30-percent adjustment to the wages to come to competitive status, and I want to make certain that members who are watching this telecast or members of the audience or members of the media recognize that I believe the 30-percent figure is to the base wages for the entry-level members of the agency and not a 30-percent adjustment to the personal services. I believe the personal service adjustment is going to be about 5 percent if we add this 1.8 million in to the current personal service budget of the agency which is about 82 percent of the budget -- and I recognize that law enforcement is very much labor intensive -- and I think if you compare us to other agencies, law enforcement agencies, you will find the same thing, about 82 percent of budget is personal services. So just for record clarification, it's about a 5 percent adjustment to personal services. Some of the positions in the agency will receive more than others. We're only going to midpoint in the study of the comparative agencies, and we did use other local agency comparisons as well. As far as this -- I think I must say for the record that I have been cooperating. We have provided the board all the information necessary to make the decision, we believe. We've got a legitimate, bona fide, valid study before you. I have asked for $1.8 million dollars as a budget adjustment. I have given you some ideas where to come up with the money. I can't determine that because that is not permitted by law. But I can say whatever you give, I will use to my best benefit to make the Collier County sheriff's office whole again, to recruit, to retain the qualified people of the agency. Now, what I need is $1.8 million. I am prepared to discuss as long as you want to discuss all of the various tiers as the board wants it broken down. But ultimately what I'm really asking for is $1.8 million. Let me implement my pay study as -- my pay grades as we see fit. The pay grades are set by the agency and not by the board, just for the benefit of the public. It is a separate agency. It's a separate constitutional agency, and I'm providing you the information because you're interested in that. Certainly, the board has a concern. You're going to have to pay competitive wages for similar positions. So if you find shift workers in your group that might come over to the sheriff's office for one reason or another, certainly you need to be informed about that and pay competitive wages. The clerk typists or secretarial positions -- sometimes those will be similar positions -- although we type rape reports, homicide reports, things that we're not permitted to release to the public, very sensitive confidential information, information on terrorists groups. I can go down the whole list. We try to compare job tasks to job tasks, not position title to position title because they aren't similar in the sheriff's office, not in fire department, nor in other types of related types of agencies. CIA secretaries are different than Department of Labor secretaries or secretaries in the Department of Transportation. That is just the way it is. The titles are the same, but they're different functions. I invite the board to look at the function descriptions and to analyze the study as we have to look at job task analysis and job function. This is what really this is about. But I'm really only here to ask for an amendment -- a consideration of an amendment for 1.8 million which would satisfy the implementation for the partial year and then know that. Again, for the record, I will be coming back in future proposals to adjust this to the tune of about an estimated $2.4 million to fund this pay adjustment so that we remain competitive. CHAIRPERSON MATTHEWS: Commissioner Constantine. COMMISSIONER CONSTANTINE: At the beginning of that comment I believe that you had suggested in certain ways in which we could fund this. Obviously it is up to us to decide. Can you run through a "60-second-or-less" synopsis of what you see as those alternatives or those options? SHERIFF HUNTER: In the executive summary of the 30th of October we made reference to three different items, if you will, categories of funds. One was the $300,000. This has been alluded to earlier by, I believe, Commissioner MAc'Kie. I don't recall who it was. But $300,000 in savings -- Commissioner Hancock. $300,000 in savings on the health program that we have, that we have been working with local providers on. $600,000 in turn-back monies from last year that was unbudgeted formerly. We also turned back about $619,000 that had been obligated, I understand. So really about 1.2 million that the agency turned back. We're asking for consideration of 600,000 of that 1.2 in savings that we returned to the board. And then there was the reserve for attrition, $904,600 that as we go along this year, we're not being competitive in this market, we're not filling positions. We're still running about 75 short. Of course, we're spending unbudgeted overtime monies to try to accommodate the agency right now. And I don't know where we are going to be at the end of the year in terms of our overtime budget, but right now it's a very bad omen if we continue going it the way we are going. Two hundred and fifteen hours of overtime just for the Cracker Barrel investigation that is going on right today. And we can't predict that any better than you can. I can say that the public safety positions left unfilled will consume overtime monies that we intentionally didn't budget, thinking ahead, thinking that we were trying to come in with this millage neutral budget this year. We tried to -- and I know I went over my 60 seconds, didn't I? Okay. 904,000 from the attrition reserve, 600,000 in unbudgeted turn-back, and $300,000 in health program safety. COMMISSIONER CONSTANTINE: Let me run through these one at a time. $300,000 health savings, that is money that you didn't have to budget this year because it was cheaper than it was last year; is that right? Help me with where that $300,000 is sitting right now. Is that somewhere in your budget? SHERIFF HUNTER: That's right now in our budget. COMMISSIONER CONSTANTINE: In your budget? SHERIFF HUNTER: And we think we're going to have that as a turn-back next year. COMMISSIONER CONSTANTINE: So theoretically you could include that as part of your pay plan investment. We would never see it as a turn-back next year but, in essence, we're shuffling paper there? SHERIFF HUNTER: Right. I'm just making you aware of that. We believe we are going to save that based on some of the discussions we recently had with the providers. COHMISSIONER CONSTANTINE: So setting aside the paper shuffling, your request for unbudgeted funds drops then to 1.5 million because the 300 would be turn-back? SHERIFF HUNTER: Yes. COHMISSIONER CONSTANTINE: The turn-back. I need the county manager's help on this. We have 619,000, is that right, turn-back this past year? MR. DORRILL: In excess of a million. The actual turn-back is 600,000 higher than what was actually budgeted. COHMISSIONER CONSTANTINE: What was budgeted. Six hundred over and above. Help me with how -- there is a state statute requirement if there's money left over it is turned back. I know that. But then what is the county's practice with whatever is turned back? What happens to that money? MR. DORRILL: The money that is turned back becomes your beginning fund balance on October 1st, because you don't begin to receive new tax money at the earliest until the end of November when property taxes are due. And we use that for cash flow and to meet our obligations for the first two months of the fiscal year. COHMISSIONER CONSTANTINE: So that is used for a particular purpose. That is just not money that is given back to us set aside in a piggy bank somewhere? MR. DORRILL: We try to budget that as close as we obviously can, because otherwise we would be making that up with new property tax dollars, and we don't want to intentionally under budget our estimated turn-backs from all of the agency managers. And we don't want to over budget either. But that is a very, very important source of beginning fund revenue at the beginning of the year. COHMISSIONER CONSTANTINE: And the last one on the 904,000 that was set aside in reserves, we talked about this on Friday. Help step me through this. My recollection was that that was essentially for the 28 new positions that as they were filled, that money would go toward that and you said it could be for additional positions -- or coincidentally 28 equals 900,000. My question is if we do the pay plan adjustment with 900,000, how then do we pay for any of those 28 new positions that are filled? SHERIFF HUNTER: Well, to begin with, those 28 new positions -- I reviewed the minutes from that workshop and from subsequent public hearings. The $904,600 was referred to as reserves for attrition representing about 3 percent of the personal service budget. The actual cost of 28 positions is about $933,000. And what we've done, of course, is try to attract and begin hiring those positions, but that's phased in over the course of a year. Already there's some savings there because for three months we haven't been able to attract and retain people. We're also running vacancies in some positions we haven't forecast. There was 3 percent of the personal service budget on the civilian side that was deducted immediately that we took out of the budget that did not -- we never say that. We didn't ask for that. What happens to those positions as we go along, of course, unable to fill those positions, we are building what you consider a reserve as a vacancy factor. Of course, some of that is going to overtime. I do have a concern about those 28 positions being funded. Ultimately if you use the 904,000, this is a way still of funding this pay study. I would remind the board that the 600,000 in the turn-back -- unobligated turn-back -- that the board might use from October to December for your initial start-up year, we're not requesting that 600,000 until after January. So you would be well clear of your three-month start up period, your first quarter before we would request any drawn down on the 600,000 unobligated. I think we would be beyond that period. MR. DORRILL: If I could just to make a little more clarity here. The board actually began this discussion the preceding January or February. You adopted the fiscal policy and at the recommendation of the Greater Naples Citizen Association and your productivity committee, put in the budget the fiscal policy that all agency managers were to budget for attrition at 3 percent. And as we got late into the summer, the sheriff had a concern about that. As he stated at the workshop, he didn't have attrition on the sworn deputy side. Whether he does or he doesn't, we never really have seen the figures to support that one way or the other. In any event, at the final budget workshop, the board made the decision to require or to force the sheriff to budget for attrition as had every other agency manager, and you elected to put that in a separate reserve. And the rationale for that at that time that if he experienced problems during the course of the year because he was not having attrition, then you would let him come back and have a supplemental budget request. Somehow we've gotten this confused where this is special money to help give across-the-board pay increases or somehow associated with the new deputies that were separately approved. Frankly, that's just a coincidence. The money for the 28 new deputies has been in his budget from the very beginning of the year. The 3 percent was to bring him into compliance with your attrition policy requirements from the preceding January. CHAIRPERSON MATTHEWS: Commissioner Hancock. COMMISSIONER CONSTANTINE: Just one final question. This is to the manager rather than the sheriff. We did a -- on a system-wide -- but we did a pay plan adjustment of some sort sometime in the last two years. Mr. Ochs came in and picked particular positions that needed to be adjusted. When we did that, did every employee in those areas get the raise? Did only those who were coming in new or on the bottom level? Did we take care of those who had hit the ceiling? How did we do that? MR. DORRILL: That would bring me to my final recommendation. Again, this has nothing to do with the sheriff's position, pay plan, or what he chooses to pay employees. But because you are the source of appropriation, you are the only one that can dole out the money. The implement -- or how he implements or how he intends to implement his pay plan isn't important. When we have done pay plan maintenance in the past, we only did it in those individual instances where we felt we were not competitive and only those employees were adjusted for those specific instances. Under the sheriff's plan that has been prepared by the consultant, practically every sworn position in the department is going to get a pay increase. And my concern is that we are sort of backing our way into this. We backed our way into it because our entry level salaries were not sufficient to attract new deputies. And then somehow now we're talking about today where everyone -- practically everyone over there in a sworn position is going to get a special pay increase. And I had some discussion with Ms. Kinzel and asked the sheriff specifically for some information last week. That is what I said. I don't think there is a commissioner here who is not willing to fund increases to make us competitive, but I don't -- I want you to distinguish between that and giving every single person sworn in the department some sort of pay increase, because there are less costly appropriation options that I think you're entitled to. And I think, frankly, if you go to the proposal that I had made to the sheriff which is to bring everyone to new entry, of if he has employees who have some seniority or some longevity to take them to step one or step two where everybody either goes to new entry or 5 percent, you can cut in half the proposal and still remain competitive, which I thought was the key phrase here. Because to do otherwise then is going to have some serious implications to next year's budget. And I sent you a memo a month ago saying that fully funded and everything else being equal, this would take at least a tenth-of-a-mil increase in the property tax rate just for the sheriff. And that doesn't take into account the fact that all of the sales tax is going to be used to build roads next year and the general fund will not have any sales tax in it, and I think that you should proceed cautiously as it relates to the appropriation. COMMISSIONER MAC'KIE: Mr. Weigel, can we tell the sheriff how to spend the money, how we appropriate or is our role merely to appropriate the funds? I need to get that clear, because from what Mr. Dotrill just said, I may think that Mr. Dotrill is right, and so I may vote to only give 500,000 for this budget amendment. Can I then require that the sheriff implement Mr. Dorrill's suggestion or is it his $500,000, and he can spend it how he sees fit? MR. WEIGEL: I believe that it's the latter part of your statement that ultimately you make or approve a request for an amendment. Whether you do it all in one occasion or not is your prerogative, but the amendment request shall be heard in its entirety and decided in its entirety ultimately. COMMISSIONER MAC'KIE: For example, if we give the sheriff a million dollars today and urge him to adopt what Mr. Dotrill just described, because that's the way his agency does it and that's the way -- five to nothing, we think that's the way it ought to be done, we have no control over how he spends the money after it leaves the room. So let's just not be confused about that is my only point. SHERIFF HUNTER: May I make another statement just for clarification, actually two or three statements? There are a number of members, we estimate anywhere from 80 to 90 members, who will receive no adjustment under the pay study, the competitive wage study. We also have looked inside the pay study. We looked at this wage analysis as an effort to determine who should be adjusted and who should not be adjusted. I did not give any marching orders to the consultant to direct them to adjust everybody in the agency. I merely said look at the market, determine who needs to be adjusted up to a competitive wage based on their job tasks, on their comparative job tasks, and tell me what you find. And she found that there were a number -- maybe it's a hundred -- we estimate around 88 that will receive no adjustment under the wage analysis, because they are currently being paid at what, I believe, is a reasonable wage. The remainder -- and each one was analyzed to determine what their current competitiveness would be with the rest of the market -- the remainder of them should receive some number. It's not 30 percent. It may be only a couple of percent and it varies depending upon position. But I don't want the board to believe that we have indiscriminately gone and said that everyone who is receiving some across-the-board wage adjustment -- it is a very definitive and complex analysis that has looked at each of the pay grades, each of the members inside those pay grades and has defined what level of adjustment is necessary to maintain some competitiveness. The other part is that $904,600. Again, I believe I was responsive. It certainly was my intention to be responsive during the budget process when you asked that we consider the 3 percent attrition figure as the Greater Naples Civic Association had suggested. I did budget out -- I took out 3 percent of the civilian side of the agency, which is a large portion of the agency. We've been trying to civilianize those portions of the agency that can be civilianized that don't require a certified deputy sheriff either in jails or law enforcement to perform. That 3 percent was budgeted out. I didn't even ask you for that money. The other portion of that 3 percent of law enforcement side or jail side, the public safety side of the agency, we discussed. We had that discussion during the proposal process, and that was set aside. Now, we're asking that some consideration be given. If you need to find some money, perhaps some of that money can be spent. We're already three months in. You know, it takes me three months to hire a person. Our outlook is not that good for the next three months, because we're not competitive. We need to find some money to become competitive, otherwise I am not going to fill positions. And you know it will be true, it will come to pass that the 3 percent that has been reserved will not be spent because we can't fill patrol positions. So I am asking that that be a consideration. There may be a portion of that money or it may be all of that money that we can spend to get the pay back up to competitive so that we can fill positions in the agency. We're also running some civilian position attrition beyond the 3 percent that will continue as long as we are not competitive with market. So I guess my point is that $904,000 still represents candidate money that can be applied towards as partial funding toward this wage adjustment so that we can become competitive and fill positions. CHAIRPERSON MATTHEWS: Other questions, Commissioner Constantine? COHMISSIONER CONSTANTINE: No. CHAIRPERSON MATTHEWS: Other questions? MR. DORRILL: Public speakers. CHAIRPERSON MATTHEWS: I'm sure we do. Public speakers, Mr. Dotrill. MR. DORRILL: There are -- Lieutenant Nickel. Mr. Walker if I could have you stand by, please. LIEUTENANT NICKEL: Good afternoon. For the record my name is Lieutenant Doug Nickel with the Collier County Sheriff's office. I'm going to read a letter to you which I would like to submit to you for the record. My reason for being here is that I supervise a large number of civilian employees with the sheriff's office, and I would like to state, as I think Mr. Hancock pointed out, it is important for us to recognize the relative contribution of the civilian employees as compared to the law enforcement officers. I would like to point out that when you look at the effectiveness in law enforcement in Collier County, we're not just talking about the deputies that drive the patrol cars around and carry the guns, we're also talking about the civilian employees who are the backbone. What that brings us supports the jobs of those certified deputies who give then direction, and in the case of the people that work in my bureau, the crime intelligence bureau, give them specific direction as to specific areas where they should address most of their attention. So I would just like to state when we look at this I would like for you to seriously consider -- if this is not the time for you to look at it, then later, but it is important that we keep these civilian persons in mind and how much they mean to us. I'll read this to you and submit it for the record. "For several years I have supervised a very specialized and professional group of civilians and certified personnel in this agency's crime intelligence bureau. Among these are the crime analysts who produce a great amount of tactical and strategic information which is extensively used by agency certified deputies. I'm concerned that their training and experience, their contribution to the agency enforcement operations, and their commitment to these duties as a career, may have been underestimated. "It is my understanding that crime analysts are considered by the commission to be part of a lower tier of importance to the public safety," and if I have misunderstood that, I apologize, "and that these positions may be easily filled as needed. Neither premise is true; in fact, much to the contrary they play a vital role in support of agency efforts to prevent, reduce, and solve crime. And due to the depth of knowledge required to perform their duties, they are very difficult to replace. "Crime analysts identify areas of concentrated criminal activity to targets for focussed enforcement effort. They analyze great amounts of data to identify potential leads and suspects, saving certified deputies countless hours of legwork. And, finally, they provide a significant amount of statistical information to the general public, information that is used to increase awareness in safety and to stimulate area growth. "As you consider your position on sheriff's office pay increases, I urge you to carefully consider the importance of the contributions of crime analysts and all other civilian personnel to the overall effectiveness of enforcement operations. Host persons entering law enforcement do so with a career in mind. And those pursuing civilian positions are no exception. They're every bit as dedicated as their certified partners, and they deserve to be treated accordingly. Thank you very much for your consideration in this matter." CHAIRPERSON MATTHEWS: Thank you. MR. DORRILL: Mr. Walker and Mr. Baker, if we could have you stand by, please. MR. WALKER: Good afternoon. My name is Jake Walker. I work for the sheriff's office in the Immokalee substation. I just want to take a few minutes to briefly go over some things. I was there for the last meeting when one of the commissioners raised the point of maybe threat level in the community, and I think it was maybe taken out of context, perhaps. So I had planned to speak on that. I would like to briefly touch on that, but I have some other things I would like to go over as well. I compiled some numbers just to the four deputies -- four of those deputies are sitting in this room today -- of actual physical arrests that were made by the deputies during this year. These four deputies have made 8 grand theft auto arrests, 5 robbery arrests, 2 murder arrests, 19 burglary arrests, 10 possession of narcotics arrests, 8 for aggravated battery, 1 for escape, 2 for sexual battery, 2 for possession of concealed firearm. These numbers only total 57 felony arrests made by these four deputies this year when, in fact, we've made 109 of felonies this year and a total of 453 arrests for the year, just these four deputies. My point is these are arrests where someone has done something that is extremely bad, and they don't want their freedom restricted because they know they're going to be going away presumably for some length of time. And we have deputies out on the road that are making these kinds of arrests every day in every community in this county. It's a very dangerous job. Even mine are misdemeanor arrests that you may think the perpetrator won't be violent. His freedom is still about to be restricted when we get ready to place him under arrest. So even those type of arrests are extremely dangerous. I would like to tie these numbers into some of the civilian employees, our dispatchers namely. That's a job that I think personally myself and most road deputies within this agency would not have that job for anything in the world. Those people sit in a room in front of a computer console and blinking lights and ringing telephones. It is an enormously stressful job, and they deal with it for eight hours a day. There's no way on earth I could do that job. And we could not be effective without them. It's an enormously technical job that requires a lot of training. And it's a division within the agency that pays a lot of overtime because of attrition, I believe. I would also like to say something about the proposed starting salary and the top-out fee, the top-out figure. I'm in the United States Marine Corps Reserves, and there are a lot of college students in the reserves, a lot of college students who are planning a career in law enforcement. So I have the ability to talk to a lot of my fellow reserve members about possible employment here in Collier County. Our reserve unit is located in Palm Beach County, so we have a lot of east coast reservists. Many of them are working on their four-year degrees in criminal justice. And I can tell you, and I'm not proud to say this, but in speaking with several members of my reserve unit, when they ask me what the starting salary is, because they're serious about searching for a job around the state, they literally laugh when I tell them what the starting salary is, and it is embarrassing. It is not embarrassing for me personally only. It's embarrassing for this community, a community of this size with the wealth that we have and with the up-and-coming crime problem that we have for people to have that kind of an outlook. But they're not only asking about the starting salaries, they're asking about what kind of salary they're going to be making 10 or 15 years from now, because law enforcement is an endeavor that you get into as a long-term career. I'd like to make a comment also on Ms. Matthews' statement where she questioned the validity of the pay survey. I had the occasion to work for two years in Palm Beach County as a police officer. The starting salary over there for most agencies -- there are 33 police departments in Palm Beach County -- is around twenty-six or twenty-six five for most agencies up to or above $30,000 a year. So if we're going to remain competitive or if we're going to become competitive with other agencies around the state, I think we're in dire need of passing this pay survey. My final comment I would like to make is on the crime problem here in the county. A lot of us like to think that there isn't a problem, and it is a beautiful community to live in. That was one of the deciding factors in my wife and I moving over here. My wife is from this area. We wanted to raise our children in a relatively conservative community where we could raise them with the kind of moral values that we wanted to in a nice community. I'll go ahead and close now, but the crime problem is here; it's growing. And we need to head it off by getting qualified law enforcement and civilian employees to be working within the community here. Thank you. CHAIRPERSON MATTHEWS: Thank you. MR. DORRILL: Mr. Baker. COMMISSIONER CONSTANTINE: As soon as the next speaker comes up I want to mention one thing there. I thought I had corrected this one, Jim, last week, and maybe I wasn't clear enough, because I got some comments during the week. My intent surely was not to suggest that officers, as they go about their day-to-day duties have any less stress anywhere. And I think I referenced my hometown of Bangor, Maine last week because it's a small town, 30,000 people, and it doesn't matter whether you're there or in Miami. When people pull their car over, you still don't know what awaits you when you get to the window. That wasn't my intention. My intention when I made that comparison last week was as the last speaker just said if you have a choice of where to live, often times what we have is a reputation is that conservative, quiet. And unfortunately as evidenced this past week, it's not always true. But when you think of in the big picture -- certainly not day-to-day. But when you think of the big picture, often Collier County is thought of anyway as a more quiet and conservative place than, say, Dade County. And that's why I apologize if that wasn't clear a couple of weeks back. MR. DORRILL: Mr. Baker and then Mr. Minch. MR. BAKER: Good afternoon. My name is Mark Baker, and I am a deputy with the sheriff's officer here in Collier County. I work in the road patrol division in Immokalee. I'd like to address the commission on a couple of points in reference to the proposed pay increase. I am going into my seventh year as a law enforcement officer. I've worked in Collier County, Monroe County, and Dade County and Broward County with the state agency. Being a police office or deputy sheriff is no different there than it is working here. Law enforcement lives are on the line every day no matter where we are employed. What most people don't realize is that police officers -- it's not an ordinary nine-to-five job. As Sheriff Hunter said, even our civilian staff is not nine to five. We do work shift work. And being a police officer is definitely not nine to five. We're police officers 24 hours a day, seven days a week. This includes being under public scrutiny in everything we do no matter if we're off duty or on duty. We have to set examples and take action in every -- and any violations of the law whether we're in the patrol unit, on the way to work, at work, coming from work, or just going to dinner with our families. If a violation of the law happens, we should by rights take action, because we are under scrutiny. All law enforcement officers strive to be number one in performing in the utmost professional manner. The Collier County commission should want the sheriff's office to be the best it can be and be number one and aid us in the battle of winning our streets back. At this time, I would like to finish with just a short story or a poem, if you would, on what policemen are made of. A policeman is a composite of what all men are, a mingling of saint and sinner, dust and beauty. Cold statistics wave the sand over the stinkers, underscore instances of dishonesty and brutality because they are exceptional, unusual, not common place. Buried under the froth is the fact that less than 1 percent of policemen fit the uniform. That's a better average than you find among most clergymen. What is a policeman made of? He of all men is at once the most needed and the most unwanted. He is a strangely nameless creature who serves his face and flows to his back. He must be such a diplomat that he can settle differences between individuals so that each will think he won. But if the policeman is neat he is conceited. If he is cheerless, he's a bum. If he's pleasant, he's a flirt; if he's not, he's a grouch. He must make instant decisions which would require months for a lawyer. But if he hurries, he is fearless. If he's deliberate, he's lazy. He must be first to an accident and infallible with a diagnosis. A policeman must be able to start breathing, stop bleeding, tie splints and above all be sure the victim goes home without a limp or expect to be sued. That's personally and the department. The police officer must know every gun, draw on the run, and hit where it doesn't hurt. He must be able to whip two men twice his size and half his age without damaging his uniform and without being brutal. If you hit him, he is a coward. If he hits you, he is a bully. A policeman must know everything and not tell. He must know where all the sin is and not partake. The policeman must from a single human hair be able to describe the crime, the weapon, and the criminal and tell you where the criminal is hiding. But if he catches the criminal, he is lucky. If he doesn't, he's a dunce. If he gets promoted, he has political pull. If he doesn't, he's a dullard. The policeman must chase bone leads to a dead end, stake out ten nights to tag one witness who saw it all but refuses to remember or cooperate. He runs, files, and writes reports until his eyes ache to build a case against some felon who will get dealt out by shameless shamus or an honorable who isn't. The policeman must be a minister, a social worker, a diplomat, a tough guy, and a gentlemen. And, of course, he'll have to be a genius for he'll have to feed a family on a policeman's salary. Thank you. CHAIRPERSON MATTHEWS: Mr. Minch. COHMISSIONER HANCOCK: You don't handle recruitment for the sheriff, do you? MR. HINCH: And he's darn good at it. My name is Harold Hinch, and I'm a deputy for the sheriff's office also. I work out in Immokalee. I'm one of the four deputies Jake Walker spoke about. I've worked on the other side of the state also. I was a sergeant for the City of Delray Beach up until 1990 when I returned to the University of Florida to get a degree. I think I am typical of a lot of the people we have here who have moved back to this community because they love it, because their families live here, because their mothers, their sisters, as mine do, live in this community, and we find it important to protect it. Unfortunately, what we're faced with at this point is whether or not, with our education and our abilities, we can afford to stay here and spend 25 years guarding your citizens as you guard our tax dollars. I appreciate your fervor in trying to save us money. However, what do we get for that money? That is what you need to ask yourself. I'm also on the recruiting team. I went to my own alma mater in October, October 12th and attempted to recruit people to come here from the college. I stood in front of all of them and told them about the great things we have here. My wife is a school teacher. We have a wonderful school system. It's a beautiful place. But unfortunately most of us are paying off school loans. And when they look at school loans, the rent on their apartment, the small car loan most of them have, and what it costs to eat here, they can't do it. You can't put it together. I'm lucky my wife works for the school system. We're very well paid or I certainly couldn't do it. I would be standing here in tattered clothes I'm afraid. And all I ask is that when you guard our tax dollars you realize we pay them, too. My taxes are going up. I live in Lakewood. And they're certainly going to go up. But unfortunately you have to bite the bullet at some point and say we deserve the best, not middle of the road. We deserve the best. I think in Collier County there is no reason we shouldn't be first in absolutely everything. That's the way we approach it. That's all I accept, that's all I hope Sheriff Hunter accepts. I know that's what he expects of me every day when I go to Immokalee. I love my job. I want to keep doing it. I know the rest -- I've been here for every meeting you've had on this issue, and I'll continue to come if we put it off again. I'll continue to come for the civilian employees who support me everyday, for the dispatchers, for the clerk typists, the people that do the job so I don't have to do it, so I can be out there watching your mother, your family, your sisters, your cars, your property, and everything else. So I hope when you vote for the money, you include us and you include them, and you think about what we did in exchange for those tax dollars and who we can bring here because there is no makeup in law enforcement. To make a police officer takes a long time for a community. It's not something that we can go buy. If we get five years behind the eight ball, we can't go out and buy five-year police officers. It's not possible. We have to make them. We have to craft them. We have to mold them, and it takes a long time. Thank you. CHAIRPERSON MATTHEWS: Thank you. MR. DORRILL: Mr. Nind and then Ms. Riley. MR. NIND: Commissioners, good afternoon. Christopher Nind, communications director for the Collier County sheriff's office. Commissioners, I'm merely going to deal with the dispatch -- the civilian dispatch within the Collier County sheriff's office, and I know Susan Riley will cover other civilian posts. In dispatch there are 54 civilians. Presently there are seven vacancies out of that 54, and there are 14 people in training. Over 21 of the slots out of 54 are, in effect, not functioning. They're not cost effective. We have people training or we have vacancies. Now, within communications you often think of just dispatch. But actually there are many other areas of communication. There is a validation section for every entry into the Florida Department of Law Enforcement of which there were last year over 850,000 entries from the sheriff's office. Those have to be validated. People have to make sure that those entries are correct and when items are found that they're taken out of that system, because otherwise there is a huge liability which falls on the sheriff's office. There is a switchboard. Some of you have spoken to the two switchboard operators that man the switchboards from eight o'clock until five o'clock in the evening. On average they're taking 70,000 calls a month, and they do maintain their sense of humor. I do believe that. Now, let's look at dispatch. You talked about -- Commissioner Hancock, about academy training. The dispatcher goes through a 40-hour basic telecommunications course. The dispatcher then has to do teletype. He has to be certified or she has to be certified by FDLE. They have to do 911 training. They have to be certified in emergency medical dispatch because, again, they have to fire those first-aid instructions before the paramedics get there. Then they sit with their trainer for four to six months before we honestly can let that dispatcher handle calls or handle a radio. They do all that right now for $8.19 an hour. We talked about -- or Sheriff Hunter requested $1.8 million for this particular salary. You have -- I heard today that you agreed to tier one which is 1.3. We're only talking effectively about half a million being the other two tiers. What I want to stress to you is that within the sheriff's office whether they're certified officers, or whether they're civilians, they are all interdependent. The actions of one have effects on the other. It is the civilians in dispatch who dispatch the deputy to the call. It is then the civilians within the sheriff's office that are going to be handling warrants, that are going to be handling the civil process. They are all interdependent. All I would ask, Commissioners, please, is Sheriff Hunter put this pay review to you. Okay, he may have been ahead of the game, and it may have been something for you to look at, but the fact of the matter is he has done it. He wants to get parity for his staff and equal in the rest of the market. I would ask you, please, to reconsider the three tiers and the total amount. Thank you. CHAIRPERSON MATTHEWS: Thank you. MR. DORRILL: Ms. Riley. MS. RILEY: Good afternoon, Commissioners. My name is Susan Riley, and I'm the director of the judicial process division of the sheriff's office. And that encompasses fugitive warrants, court bailiffs, central records, and civil process. And I am in the unique position to where I have civilian and certified within my division so I feel that I have a pretty good perspective of the liabilities and the responsibilities that they face in their daily duties. I currently have the most civilian staff within the department. I have clerked -- entry-level clerks that begin at $13,990. These clerks are expected to come into any of my bureaus, for example, records. And the training in there is as intensive as it is in any of my other bureaus. Before they're even hired they have to go through intensive background testing because the material that they handle is very sensitive. COHMISSIONER MAC'KIE: Can I interrupt you just to ask a question? MS. RILEY: Certainly. COHMISSIONER MAC'KIE: The process you're describing, does this apply to what this board has called tier three positions; clerk, typists, secretaries, file clerks? MS. RILEY: They're tier two is my understanding, yes. COMMISSIONER MAC'KIE: Thanks. MS. RILEY: And to give you an example, as I had said they have to have specific testing criteria that they go into. If you were to come into records right now and have us train you just to get your basics on what goes on in records, it would take a minimum of three months training. It would take an additional three to six months to train that same clerk on the understanding of our reporting system and how those reports have to be entered into the system. And it would take yet another three to six months beyond that to train our clerks for the UCR state mandated coding. I have the same situation in civil and warrants. Our girls have to understand how to process the warrants. They have to know how to extradite the prisoners in and out of state. The civil people, my noncertified, are out on the road serving nonenforceable writs. They have to understand public record laws, laws of civil procedures. And it takes them a minimum in any of these positions of one year to feel comfortable and be able to handle the public and answer the questions. Just this last week -- I have taken over the past two years in central records -- I had three shifts. This past week I have taken the staff that I have left and made one shift, and that shift is now a straight eight to five because I do not have adequate staff to have the other two shifts. And I find that increasingly difficult to recruit these people in for the amount of responsibility when they can go to the Naples Daily News and the want ads and they can get their cleaning jobs, jobs as food servers, and selling bagels for between six fifty and seven fifty an hour with not even one-tenth of the responsibility that they have. So I would ask you today that you would consider all of the tiers together because we are a team. They can't function out on the road without our help from the inside, otherwise they have to be inside to do the work. And we are interdependent on each other, and it is something that I think you have to look at as whole. And I would ask your support in funding the sheriff's plan. Thank you. CHAIRPERSON MATTHEWS: Thank you. That was our last speaker? MR. DORRILL: Yes, ma'am. CHAIRPERSON MATTHEWS: Thank you, Mr. Dorrill. Commissioner Hancock. COMMISSIONER HANCOCK: One thing I learned in meeting with representatives of the sheriff's office is there's one thing different about attrition over there and that is that in most of the county positions if someone is not there, they're just not there that day. But a position of a road deputy or a jail deputy, if they're not there they have to be filled. They're usually filled in overtime rate. So although the attrition rate may be similar, the funds available or, I guess, the fund -- after you pay your overtime is significantly lower. What budget increase that we can handle in looking at our current and future budgetary constraints is the only consideration that this board has today. It's not -- when I asked for three tiers, I asked for three methods of review, not three separations of importance, not three divisions among the sheriff's office. I looked at -- I was asking for three different ways to review these positions. What I got back is a separation of the original proposal with not additional work. So this is useless to me. There are not three tiers as far as I am concerned based on this report. To propose less than what you're requesting today, Sheriff, is in no way a reflection of or reduction in the perceived value of the employees of the sheriff's department. But we, as the board, have to hold the purse strings of the taxpayers of this county. An immediate increase in your payroll of $1.8 with an additional 600,000 to follow next year in my opinion is not in the financial picture of the county. I'm going to propose -- there was already a motion on the floor very early on -- COHMISSIONER HAC'KIE: Factionsly. COHMISSIONER HANCOCK: What I would like to propose is the sheriff retain $300,000 in realized savings from your benefit changes. In addition, retain an additional $300 (sic) in excess turn-back. COHMISSIONER NORRIS: $300,000. CHAIRPERSON MATTHEWS: $300,000. COHMISSIONER HANCOCK: I'm sorry. You caught me. $300,000 in excess turn-back. These monies plus the $904,000 in reserves will permit you to make the priority salary adjustment as you see fit. It's not 1.8 million, it comes out to be about 1.5 from the same revenue sources that you've directed. But looking at the percentage breakdown this year and how it impacts next year, I think it allows us to continue next year possibly with more salary increases without breaking the bank, so to speak. So, in essence, that's my motion. CHAIRPERSON MATTHEWS: We have a motion. Would you mind repeating that so we can get the numbers right again? COHMISSIONER HANCOCK: The only think I'm changing in the sheriff's request is -- CHAIRPERSON MATTHEWS: The total. COHMISSIONER HANCOCK: Well, the total amount. But the only budget transfer is the $619,000 that you proposed to keep in excess turn-back. I'm proposing that we do a transfer of 300,000 of those dollars. The other two funds are already in the sheriff's budget; the $904,000 in reserves and the $300,000 in realized savings. So, in essence, we're talking about money the taxpayers would have -- would get next year. We're talking about $600,000. That is about 83 percent of what your original request for this budget year is. The reason I arrived at that amount is that it puts us in a position next year that we're 1.3 percent over what your current budget is now, and you and I both know you're going to have increases next year and to try and, I guess, not take the scale out of range so that next year we're making even harder decisions, I think it's an appropriate step. It gives you over 80 percent of what you are asking for, and it doesn't cause me great concern over our ability to meet your budgetary request next year. COHMISSIONER NORRIS: Let me ask the sheriff a couple of questions here. The $1.8 million request was to cover the period January 1 to September the 30th? SHERIFF HUNTER: Correct. COHMISSIONER NORRIS: And that would be full employment. That would represent full employment at that rate; is that correct? SHERIFF HUNTER: No. That represents pay adjustments for the positions within the agency that have been allocated. COHMISSIONER NORRIS: Well, that would be pay adjustments for full employment within the agency? SHERIFF HUNTER: Theoretically, yes. COHMISSIONER NORRIS: Okay. Then I don't have a problem seconding that, because I think to try to attain full employment by January 1st, to fill all positions is probably not going to happen either because it's going to take some time to do the recruiting. So I think the $1.5 million proposal probably is going to get us all where we want to be. COHMISSIONER HANCOCK: And understand, I'm not approving a pay plan; that's not my job. I'm allocating funds for you to do with as you see fit and make priority decisions in your department that you make every day. So, you know, I'm just stating an appropriation amount. COHMISSIONER HAC'KIE: Was that a second, Commissioner CHAIRPERSON MATTHEWS: That was a second. I would like to clarify, Mr. Dotrill, before we move forward with this. The $300,000 that Commissioner Hancock is referring to and the $904,600 are currently in the sheriff's budget, and we really have no control over those funds right now? MR. DORRILL: That is not correct. The $900,000 is not in his fund. It's in your fund. I realize that you're the policy makers, and I am just the county manager, but you do at least know from my perspective I am your budget officer, what the implication of your motion could be. Were you to ask my opinion, I would say that what I think you can afford would be to allow the sheriff to have the use of his $600,000 beyond a forecast turn-back, and I think that you should realize that if he's found $300,000 or he overbudgeted in his insurance, he ought to be able to spend that as he sees fit. But aside from that, the fact that he has already phased in the 28 new positions, and if you give him the increase that he has asked for by virtue of your motion, you run the risk of needing two-tenths of a mil increase to fund this salary proposal this time next year. CHAIRPERSON MATTHEWS: Okay. So -- MR. DORRILL: That's anticipating average growth and millage. That's anticipating no other increases in operating costs for any other constitutional officer or any other special adjustments that you may see after the holidays. And I just want you to understand from my perspective the difference between where the motion is and what I think you can afford without having to have significant tax increases next year is $900,000 versus a million five hundred. COHMISSIONER CONSTANTINE: Let me just clarify what you just said. I think I understood, but I want to be clear. Is -- the six hundred nineteen thousand in turnback and then the three hundred and whatever it is that was overbudgeted or -- or excess healthcare, where you've saved the money on healthcare, those are the two sources here? MR. DORRILL: That would be my recommendation to you, and then you -- you maintain the contingency separate and apart from that in the event that you have some real problems in terms of meeting other operating expenses between now and the end of the year. COHMISSIONER CONSTANTINE: And that would provide 950,000. CHAIRPERSON MATTHEWS: Nine nineteen -- nine nineteen is what it provides for him. Commissioner Hancock. CHAIRPERSON HANCOCK: When you said two-tenths of a mill, you -- you left me behind, because the current budget at the current millage rate includes the 904,000 that's in reserve. MR. DORRILL: No. No. I'm sorry, the 900,000 that is in the separate reserve. COHMISSIONER HAC'KIE: Of course it does. Yes. CHAIRPERSON HANCOCK: So what we are really dealing with here, the $300,000 that the sheriff has realized in savings in his healthcare or -- or -- I'll call it healthcare, but I think we know where it is -- was budgeted also. So our current ad valorem rate and fees includes the 904,000. MR. DORRILL: Correct. CHAIRPERSON HANCOCK: Includes the 300,000. COHMISSIONER HAC'KIE: Right. CHAIRPERSON HANCOCK: What we're really talking about here is a $619,000 excess in turnback. COHMISSIONER HAC'KIE: Right. CHAIRPERSON HANCOCK: We have the ability without raising current ad valorem rates to allocate all of that. However, the reason I'm reducing that to 300,000 is because I'm looking at next year. If we put all 600,000 in this year and then next year the sheriff comes in and asks for another 600,000 to complete his pay plan, then we're in deep trouble. Now we're talking a significant percentage increase and a real ad valorem increase. MR. DORRILL: What -- what you didn't take into consideration was that the -- the new positions that he had received this year weren't phased or staggered over the course of the year. You have the -- the full 12-month annualized expense of that next year. If he goes out and hires these people because he's phased some of them in -- I don't think he ever intended to, frankly, hire anybody in the first quarter. I think you're going to see some in January, and I think you're going to see some in April. But if he fills them, they're going to be here for 12 months next year. CHAIRPERSON HANCOCK: Point taken. I understand. MR. DORRILL: And I think if you take those costs and the benefit costs and -- COHMISSIONER CONSTANTINE: The full expense -- MR. DORRILL: -- this particular pay increase -- COHMISSIONER CONSTANTINE: Full expense next year would then be 2.4 as opposed to just an additional 600,000. MR. DORRILL: And I -- you know, I'm trying to think quickly off the top of my head. But before you go and vote, I at least want you to know what the implications of that could be. CHAIRPERSON HANCOCK: That's -- that's where I look at -- if we played hands off next year and granted the sheriff everything he came in for, you're right. It would result in a two-tenths of a mill. But what I don't anticipate is the sheriff raising people's taxes two-tenths of a mill next year. What I don't anticipate is this board approving an increase in two-tenths of a mill next year which means somebody's going to have to be creative. COHMISSIONER CONSTANTINE: I guess I'm -- I'm a little unsure how we do that. If -- if the -- the bump now, the 1.8, then that is carried over next year plus the additional 600,000 to bring it up for the full 12 months. So, I mean, I don't know how we -- I hope he can get creative, but I don't know how we fill that void created by almost two and a half million dollars or that addition of two and a half million dollars. That's -- the fact is that's a bump. COHMISSIONER HAC'KIE: I think we have a motion and a second, and -- CHAIRPERSON MATTHEWS: We -- COMMISSIONER MAC'KIE: -- we have to call the question. CHAIRPERSON MATTHEWS: We've got -- we've got a motion and a second. I just -- I just want to clarify what it is we're voting on because I -- frankly we need to know. The sheriff has under his control $300,000 right now. MR. DORRILL: Correct. CHAIRPERSON HANCOCK: CHAIRPERSON MATTHEWS: another $300,000. COHMISSIONER MAC'KIE: CHAIRPERSON MATTHEWS: CHAIRPERSON HANCOCK: CHAIRPERSON MATTHEWS: Correct. The motion wants to pass to him Of the 619. Of the 619. Correct. The sheriff will only have $600,000 to distribute in whatever pay plan adjustments or how ever it is he wants to spend it because Mr. Dotrill tells us the $900,000 is under our control. MR. DORRILL: Well, that's not my understanding. COHMISSIONER MAC'KIE: But the motion contemplates -- CHAIRPERSON MATTHEWS: I know. I know. I'm -- I'm '- I'm saying that I think the motion maker thought the 900,000 was under the sheriff's control. CHAIRPERSON HANCOCK: No, the motion maker did not. The motion maker -- I'll say me. The 900,000 is still in a reserve area for payroll only. In other words, I'm not saying transfer that to the general account for the sheriff. You know, let's say he has increased attrition or is unable to fill positions. All of that money may not be necessary. So I'm not saying that money changes accounts in any way. COHMISSIONER NORRIS: It has to if he's going to spend it, though. He's got to -- CHAIRPERSON MATTHEWS: Yeah, it's got to. COHMISSIONER NORRIS: He's got to have a budget amendment to go from the reserve account to the sheriff's payroll account. MR. DORRILL: My -- my understanding of your motion would -- would direct me to prepare a budget amendment for $1,200,000 and transfer that to fund 040 which is the sheriff's proprietary fund. And then he will take that in addition to what he alleges is $300,000 in overbudgeted insurance and spend it as he sees fit. COHMISSIONER CONSTANTINE: Mr. Dorrill, how much do we budget annually in general fund reserves, say, the past five years? MR. DORRILL: Four million. COHMISSIONER CONSTANTINE: Four million. MR. DORRILL: Annually something less than that. We have -- we have tried to build reserves up anticipating a million dollar sales tax transfer to road and bridge and also an increase subsidy for EHS next year. And then, you know, I -- I -- I apologize for beating that drum, but it -- I'm trying to make a point. COHMISSIONER CONSTANTINE: Why I ask is the point is, when that 900,000 transfers out, we need to replace that next year. So yes, it was budgeted this year, but it was budgeted in reserves inclusive in the amount we usually budget for reserves. So it will need to be replaced. COHMISSIONER NORRIS: Well -- CHAIRPERSON MATTHEWS: Commissioner Norris. COHMISSIONER NORRIS: -- excuse me. I remember the 900,000 as being taken out of the sheriff's budget and put into a special reserve account -- MR. DORRILL: It is separately budgeted. COHMISSIONER HAC'KIE: Yes. COHMISSIONER NORRIS: -- and is not part of our general fund reserves. Particularly this is -- this money -- MR. DORRILL: There's what we -- there's what we call the general fund reserve for contingency, four million dollars. And then you directed me to prepare a separate -- and there's -- COHMISSIONER NORRIS: Right. MR. DORRILL: -- a separate line item reserve called -- sheriff attrition is what I believe that it's called at 900,000. the $4,000,000 would be there. That would be the source of the $300,000 transfer that you're asking me to move money -- the 300,000 out of his turnback would need to come from the 4,000,000. The 900,000, if you direct me to give that to him, would also come out of your reserves albeit a separate line item. CHAIRPERSON HANCOCK: Let me -- since I made the motion, let me clarify. You know, everyone's talking about what the motion maker meant. What the motion maker meant is that 904,000 remains in the same account and budget amendments will be processed as the money's necessary. MR. HUNTER: That's fine. COHMISSIONER HANCOCK: We're -- we're not just going to dump it in the sheriff's account. That way we can at least monitor and see for ourselves the progress in his hiring, in his pay plan, and -- and what's going on. So I'm saying that 904,000 stays as allocated originally. The budget changes would be $300,000 that the sheriff has in his budget right now. We don't have to do anything with that. MR. HUNTER: Right. CHAIRPERSON HANCOCK: That's already there. He's relocating internally. The only budget amendment we would need to make in -- in increased return of 619,000 is give him back 300, we take 319, and off we go. CHAIRPERSON MATTHEWS: That's what I thought you said. I just wanted to clarify because that's not what I -- I was hearing. MR. DORRILL: And then the 900 would only be on an as-needed basis subject to some reporting or verification mechanism that -- that he would submit to you. CHAIRPERSON HANCOCK: I'm not going to grill him every time he's -- every time he comes in for it. But as his budget requires it in payroll, he comes and makes the necessary budget requests. COHMISSIONER NORRIS: Yeah, I wouldn't want to have to go through a board action for budget amendments every time it's time to make payroll either. COHMISSIONER CONSTANTINE: Mr. Dorrill, does that still have the same two-tenths of a mill implication because that sounds like we're stepping it off a little there, and I need -- when you say two-tenths of a mill, I mean, that's a heck of a jump. We don't have a very high millage anyway. I need a -- you to walk me through how you anticipate us getting there, I guess, because I -- I didn't realize we were -- had the 900 over and above general fund. And that's what I was counting on as part of that two-tenths of a mill, so you need to help me here. MR. DORRILL: The -- the estimate that I have tried to give you off the top of my head takes into account the 28 positions that are sitting there that are staggered over the course of this year, and I'm trying to apply an annualized value to that. I'm trying to apply the annualized value of special pay adjustments for the other individuals that may or may not get a pay increase for some equity purposes. And I'm trying to apply that it could be upwards of two million dollars this time next year and then in order to -- to do that in giving some factor for growth in the tax base it could be up to two mill -- two-tenths of a mill. It will probably be slightly less than that. But I'm trying to err on the conservative side if you factor in benefits and you factor in 12 months of full salary for everybody that is apt to be hired or apt to receive a special pay adjustment. COMMISSIONER CONSTANTINE: And that two-tenths we're only dealing with here, that two-tenths of a mill does not take into consideration an adjustment for the clerk or an adjustment within our agency. MR. DORRILL: No, obviously not. CHAIRPERSON MATTHEWS: Commissioner Hancock. CHAIRPERSON HANCOCK: What you're talking about is if the sheriff's department is at full employment going into next budget year, has no attrition, and complies with this pay scale, we're talking at potentially two-tenths of a mill. MR. DORRILL: If -- if you also include the civilians, I -- I would say it would be at least two-tenths and could be possibly more. CHAIRPERSON HANCOCK: The point I'm making is that we're allocating funds today. If the sheriff wants to take action based on this pay plan that puts him in that position, that's his doing. And, you know, maybe next year he buys fewer computers and fewer ashtrays and whatever he has to do to avoid that increase so -- sorry, we don't buy ashtrays anymore, do we? COMHISSIONER NORRIS: Bullets. CHAIRPERSON HANCOCK: Bullets, more bullets. COMHISSIONER MAC'KIE: No, they buy their own bullets. COMHISSIONER HANCOCK: So, you know, I'm putting the decision back in the sheriff's -- COMHISSIONER CONSTANTINE: No, they don't. COMHISSIONER MAC'KIE: Yes, they do. CHAIRPERSON HANCOCK: -- lap, but what I'm saying is that assuming normal attrition, assuming other budgetary constraints, I think this is doable. COMHISSIONER MAC'KIE: They don't buy their own bullets. COMMISSIONER HANCOCK: But, again, the sheriff's going to have to implement it, and he's going to have to implement it such that it doesn't cause his department to request a substantial increase next year. So I'm -- I'm not going to sit here and make that decision for you. MR. HUNTER: I appreciate that. I assume my own political responsibilities and liabilities, and I don't know if two-tenths of a mill is an accurate projection or not. I don't know what the board has planned, and nobody has a crystal ball. Maybe -- maybe we can eliminate some programs next year because some other -- something comes along. I hope that you don't base your decision on some crystal ball that we're looking at a year and a half in advance. I -- I can't see that far out. We are going to continue to be very careful stewards of tax dollars. Everyone in this room recognizes everyone else in this room as taxpayers in this county. Whether you're paying as a tenter, you're being passed along those ad valorem tax dollars, or whether you own your home, you are a taxpayer. I don't want to pay any more taxes than anyone else, but I do want to see deputy sheriffs get a fair, competitive wage, and I know that you do as well. We will implement -- I will implement based on my own policy internally for which I will be liable, as I am for all my decisions just as you are, and I appreciate -- I appreciate all the board is doing to give us the -- the latitude to make the right decision. And I think this goes a long way in doing that. I expect reports back. We will be talking with the county manager about attrition as we go along and you in regular board meetings whether we're able to fill the positions or not because I think you need to know those things. CHAIRPERSON MATTHEWS: Okay. We have a motion, and we have a second, and I think everybody understands what the motion entails now. We are -- we're gonna, I guess, get budget amendments along the year on the 900,000. I'm -- I'm going to support the motion, but I -- I do want to caution this board that we are talking about increasing starting salaries 20 and 30 percent. And when the clerk comes in with his pay plan and the manager comes in with his play -- pay plan study, everybody who works thinks their job is as equally as important as the next person. And we're probably going to be hearing requests for 15, 20, 25 percent from those agencies as well. So I just want you to keep it in mind. CHAIRPERSON HANCOCK: Madam Chairman, I take exception to that. I'm not increasing anyone's salary. This man will do it or won't do it. CHAIRPERSON MATTHEWS: I'm -- I'm just telling you what's coming, what's probably coming. I -- I -- I don't have a crystal ball either. But everybody feels that their work is equally important to the next person's. Commissioner Constantine. COHMISSIONER CONSTANTINE: I'm going to support it because I support trying to take care of our employees and the sheriff's employees. And we are clearly behind on the -- CHAIRPERSON MATTHEWS: Uh-huh. COHMISSIONER CONSTANTINE: -- curve there. But I would ask -- each of the last three years I've put together my little preferred budget cut list, and I would ask that all of us do that this coming year -- CHAIRPERSON MATTHEWS: Because we're gonna need it. COHMISSIONER CONSTANTINE: -- because with this along with -- and I'm not pointing the finger at you, but along with what you just stated, everybody else will be looking for it. We have done very well five years in a row. We've lowered the millage rate, and that is, contrary to the editorial in the paper, not due solely to the fact that real estate's expensive in Naples. I think the constitutional officers and the county manager and everyone have done a very good job at trying to be frugal. And I'm not anxious to end that streak and suddenly raise taxes next year. And I'm not sure I can say with any definition that we are gonna be able to accomplish our goal there. So I'll support this for the employees. I am very worried where it takes us tax-wise. CHAIRPERSON MATTHEWS: I am too equally so. But the employees' pay plan tells us they need something. I'm going to call the question. All those in favor please say aye. Opposed? There being none, motion passes five to zero. MR. HUNTER: Great. One final -- CHAIRPERSON MATTHEWS: You've got some creative financing to do. MR. HUNTER: Absolutely. One final comment. I wanted to make sure that the board remains confident that the agency is not overbudgeting. Our health programs, the estimate comes from our recently received assessments from the people who are qualified to do that, on our actuaries. That's just last week. We're merely trying to identify those areas where we can save money. But we did not overbudget intentionally. We find ourselves with some excess money based upon our experience. And -- and -- and we control that through our policies, as you know. But our experience is showing us through the actuary's estimates that we may have $300,000 in that account. So again, that's from hard work. That's not from you being misled or from some misjudgment. I just wanted you to be assured of that. And we'll continue to work with this board in trying to find additional ways of cutting money. CHAIRPERSON MATTHEWS: Okay. Thank you. Item #14 BOARD OF COUNTY COMMISSIONERS' COMMUNICATIONS That concludes the agenda for today. communications. Commissioner Norris? COMMISSIONER NORRIS: CHAIRPERSON MATTHEWS: COMMISSIONER MAC'KIE: CHAIRPERSON MATTHEWS: hours ago. COMMISSIONER NORRIS: CHAIRPERSON MATTHEWS: CHAIRPERSON HANCOCK: CHAIRPERSON MATTHEWS: COMMISSIONER MAC'KIE: CHAIRPERSON MATTHEWS: COMMISSIONER MAC'KIE: CHAIRPERSON MATTHEWS: We're at Lunch. Lunch? Yeah, lunch. We had that opportunity three Yeah, I know. Commissioner Hancock. Dinner. Commissioner Mac'Kie. Lunch. Ah, you still want lunch, huh? (Commissioner nodded head.) Commissioner Constantine? COHMISSIONER CONSTANTINE: Good night. CHAIRPERSON MATTHEWS: I don't have anything either. Mr. Dorrill? MR. DORRILL: Nor do I. CHAIRPERSON MATTHEWS: Mr. Weigel? MR. WEIGEL: Yes, briefly. The sheriff's HSTU ordinances have been drafted, distributed. We are receiving comment back, city of Naples. I'm meeting with the attorney for the sheriff tomorrow. The budget office is talking with us. We continue to go forward to look to have those developed and -- and potentially heard by the board and adopted this year so it would be effective for next year. Secondly, the public nuisance ordinance a la Bayshore is going forward full-bore. We've met and we have -- in fact, have a mental draft in mind, have talked with it conceptually with the sheriff, the -- the code en -- code compliance people, Vince Cautero. It's formally going on the Code Enforcement Board's November 30 agenda. The one caution that I have is that with all speed we'll be very close, but it may be possible to advertise it for a December 19 hearing on the ordinance. There is a potential that we wouldn't make that date and it would have to therefore come under the, quote, emergency rubric. And -- and the attorney for the sheriff strongly recommends that we not go that route, that we have full advertising and bring it forward if -- if we can't make that December 19 hearing at the very next available hearing which would be in the first of the year. CHAIRPERSON MATTHEWS: Okay. MR. WEIGEL: Thank you. CHAIRPERSON MATTHEWS: Thank you. Miss Filson, we're done? MS. FILSON: We're finished. CHAIRPERSON MATTHEWS: We're adjourned. ***** Commissioner Hancock moved, seconded by Commissioner Constantine, and carried unanimously, that the following items under the consent agenda be approved and/or adopted: Item #16A1 ACCEPT SEWER FACILITIES FOR KENSINGTON PARK, PHASE TWO O.R. Book Pages Item #16A2 ACCEPT LETTER OF CREDIT FOR EXCAVATION PERMIT NO. 59-309, WOODFIELD LAKES, LOCATED IN SECTION 3, T51S, R26E See Pages Item #16A3 - Withdrawn Item #16A4 RESOLUTION 95-648 RE FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "QUAIL WEST, UNIT ONE, REPLAT BLOCKS E AND F, FIRST ADDITION" See Pages Item #16A5 RESOLUTION 95-649 RE FINAL ACCEPTANCE OF THE ROADWAY, DRINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "QUAIL WEST, UNIT ONE, REPLAT BLOCKS G AND H" See Pages Item #16B1 POLICY TO ADDRESS OUTSTANDING TRANSPORTATION INVOICES, BOTH PAST AND FUTURE OUTSTANDING INVOICES Item #1682 DOCUMENTS WHICH SERVE TO CORRECT PREVIOUSLY RECORDED DOCUMENTS FOR UTILITY LAND RIGHTS AND FACILITIES IN BENTLEY VILLAGE-RETREAT See Pages Item #1683 - Moved to Item #885 Item #1684 STIPULATED FINAL JUDGMENT FOR RIGHT-OF-WAY ACQUSITION CASE NO. 94-2934-CA-01-TB FOR BONITA BEACH ROAD FOUR-LANING IMPROVEMENTS Item #1685 BUDGET AMENDMENTS ESTABLISHING A BUDGET FOR PUBLIC WORKS DIVISION ADMINISTRATION Item #1686 - Continued to 11/28/95 Item #1687 - Continued to 11/28/95 Item #16C1 CONCESSION AGREEMENT FOR THE OPERATION OF THE COCOHATCHEE RIVER PARK BOAT LAUNCH FACILITY See Pages Item #16D1 - Moved to Item #SD1 Item #16D2 STATE CONTRACT FOR THE PURCHASE OF EQUIPMENT PURSUANT TO THE IMPLEMENTATION OF ALL OF ALL PHASES OF THE INFORMATION TECHNOLOGY DEPARTMENT WORK PLAN Item #16D3 RESOLUTION 95-650 RE SATISFACTION OF LIENS FOR CERTAIN RESIDENTIAL ACCOUNTS WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND SAID LIENS ARE SATISFIED IN FULL FOR THE 1993 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS See Pages Item #16D4 RESOLUTION 95-651 RE SATISFACTION OF LIENS FOR CERTAIN RESIDENTIAL ACCOUNTS WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND SAID LIENS ARE SATISFIED IN FULL FOR THE 1991 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS See Pages Item #16D5 RESOLUTION 95-652 RE SATISFACTION OF LIENS FOR CERTAIN RESIDENTIAL ACCOUNTS WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND SAID LIENS ARE SATISFIED IN FULL FOR THE 1992 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS See Pages Item #16D6 SATISFACTIONS OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF SEWER SYSTEM IMPACT FEES See Pages Item #16El - This item has been deleted Item #16E2 RESOLUTION 95-653 RE APPROPRIATING FUNDS FOR OFFICE EXPENSES INCURRED FOR SPECIAL OCCASIONS See Pages Item #16E3 BUDGET AMENDMENTS 95-56 AND 95-66 Item #16G1 CERTIFICATES OF CORRECTION TO THE TAX ROLLS AS PRESENTED BY THE PROPERTY APPRAISER'S OFFICE 1994 TANGIBLE PERSONAL PROPERTY No. Dated 138 11/03/95 1995 TANGIBLE PERSONAL PROPERTY No. Dated 18/25 11/03 & 11/06/95 28/29 11/09/95 1992 REAL PROPERTY No. Dated 208 11/07/95 1995 REAL PROPERTY No. Dated 23 10/30/95 37/77 11/07 & 11/09/95 81/82 11/09/95 Item #1662 SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER See Pages Item #1663 MISCELLANEOUS CORRESPONDENCE - FILED AND/OR REFERRED The following miscellaneous correspndence as presented by the Board of County Commissioners has been directed to the various departments as indicated: There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 3:10 p.m. BOARD OF COUNTY COMMISSIONERS 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: Catherine Hoffman and Shelly Semmler