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BCC Minutes 12/05/1995 RREGULAR MEETING OF DECEMBER 5, 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 members present: ALSO PRESENT: CHAIRPERSON: Bettye J. Hatthews Timothy J. Constantine John C. Norris Timothy L. Hancock Pamela S. Hac'Kie W. Neil Dotrill, County Hanager Hike HcNees, Acting Assistant County Hanager David Weigel, Assistant County Attorney Item #3 and #3A AGENDA AND CONSENT AGENDA - APPROVED WITH CHANGES CHAIRPERSON MATTHEWS: Call to order the Board of County Commission meeting for Tuesday, December the 5th, 1995. Mr. Dotrill, will you lead us in an invocation and pledge. MR. DORRILL: Heavenly Father, as we did last week and as we're in the holiday season, we pray for your blessings and your continued good grace on the people who are assembled here and who live and reside in Collier County. Father, we are amazed at your power and your wonder and your good blessings that you have bestowed on us over the past year and our prayer is that you would continue to bless Collier County and its people in the year to come. Father, we think briefly quickly of our friend and colleague, Norris Ijams. We are glad he is home from a brief stay in the hospital, and our thoughts go out to he and his family this morning. And as always, we would ask that you bless this time here together today as this county commission makes the important decisions that affect this community, that you would guide and guard and direct each one of us. And we pray these things in your son's holy name. Amen. (The pledge of allegiance was recited in unison.) CHAIRPERSON MATTHEWS: Mr. Dorrill, I only see three changes to the agenda. MR. DORRILL: Yes, ma'am, and it would appear that we're going to have a short meeting today. CHAIRPERSON MATTHEWS: And it's going to get shorter. MR. DORRILL: I have one add-on item and two continuances this morning. One add-on item will be under the county manager's report under the regular agenda under 8(E)(2). This will be a discussion concerning some proposed amendments to the countywide law enforcement HSTU. We have called and made arrangements to have both the city manager and the mayor here as well as a representative from the sheriff's offices if necessary as close to 10 a.m. this morning. I indicated to them that I thought the meeting would be short and that they would need to be here. As part of your change sheet this morning, we did prepare a summary for the board that shows the various levels of appropriation and the funding sources, of which there are three, that support the 45 million dollar sheriff's budget. I have showed a budget comparison on the bottom, and at the appropriate time I'll walk you through that. That will be item 8(E)(2). The two continuances, the first is item 8(C)(1), which is under public services, requested to continue for one week until your regular meeting of the 12th. That item that has to do and pertains with a lease agreement between the Board of County Commissioners and the local public health unit. In addition, there is one item on the consent agenda, item 16(B)(7). It is continued for two weeks till the final meeting of the year on December 19th, which pertains to a request for additional funds necessary to construct the Orange Tree emergency medical station. It's continued for two weeks until the meeting of the 19th, and that's all that I have. CHAIRPERSON MATTHEWS: Mr. Dorrill, could you provide us with some information as to why staff is asking for that to be continued? MR. DORRILL: I'll look to Mr. Conrecode. The EHS item? CHAIRPERSON MATTHEWS: Yes. MR. CONRECODE: For the record, Tom Conrecode from public works. This item was originally budgeted in your budget for this year as a two-unit station to support that area of the county. What the EHS department has done is looked at that facility, and if it's to operate in conjunction with the backup BOC that's located at the ag center next door, they would need some additional capabilities there. So we're looking at expanding the scope of the project somewhat and looking at available funding sources in order to do that. That's the reason for the item; that's the reason for the continuance. We have to work out some of those details. CHAIRPERSON MATTHEWS: Okay, fine. We'll see it then in two weeks. Mr. Weigel, do you have changes to the agenda? MR. WEIGEL: No, none, thank you. CHAIRPERSON MATTHEWS: COHMISSIONER NORRIS: Nothing today. CHAIRPERSON MATTHEWS: COHMISSIONER HANCOCK: CHAIRPERSON MATTHEWS: COHMISSIONER MAC'KIE: CHAIRPERSON MATTHEWS: Thank you. Commissioner Norris? Commissioner Hancock? No, ma'am. Commissioner Mac'Kie? No. Commissioner Constantine? COMHISSIONER CONSTANTINE: I have no changes to the agenda. CHAIRPERSON MATTHEWS: I have none either. COMHISSIONER NORRIS: I'll make a motion that we accept the agenda and consent agenda with changes as noted. COMHISSIONER CONSTANTINE: Second that motion. COMHISSIONER HANCOCK: Noting the round of applause from the rear of the boardroom on no changes. COMHISSIONER MAC'KIE: They're so easily thrilled. CHAIRPERSON MATTHEWS: We have a motion and a second to approve the agenda and consent agenda as amended. Any discussion? All in favor, please say aye. Motion passes five to zero. Item #4 MINUTES OF NOVEMBER 7, 1995 - APPROVED AS PRESENTED COHHISSIONER CONSTANTINE: Madam Chairman, I'd like to make a motion we approve the minutes of the November 7, 1995, regular meeting. COHMISSIONER HANCOCK: Second. CHAIRPERSON MATTHEWS: We have a motion and a second to approve the minutes of November 7th regular meeting. Discussion? All in favor, please say aye. Opposed? Motion passes five to zero. Item #5A PROCLAMATION DESIGNATING DECEHBER 1, 1995, AS WORLD AIDS DAY - ADOPTED Next item is proclamations and service awards, Commissioner Hac'Kie. COHMISSIONER MAC'KIE: I'm pleased to get to read a proclamation this morning for World AIDS Day and I hope that Hodalynn Renee (phonetic) is here to receive the proclamation. Thank you, sir, if you'd come forward. If you'd come here and stand and face that camera so we can read the proclamation. MR. RENEE: Good morning. COHMISSIONER CONSTANTINE: Good morning. COHMISSIONER MAC'KIE: Whereas, World AIDS Day is annually observed on December lst; and Whereas, the theme for 1995 World AIDS Day is shared rights, shared responsibilities; and Whereas, CARES is Collier County's only not-for-profit nongovernmental AIDS education support organization; and Whereas, CARES is encouraging intensive city-wide participation in recognition of World AIDS Day to maximize community awareness and to raise the funds necessary to provide the services our city's residents so desperately need. Now, therefore, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that the day of December 1, 1995, be designated as World AIDS Day in Naples and urge all our citizens to actively work together to help bring the AIDS epidemic under control. Done and ordered this 5th day of December 1995, Board of County Commissioners, Bettye J. Matthews, Chairman. I'd like to move we accept this proclamation. COHMISSIONER NORRIS: I'll second. CHAIRPERSON MATTHEWS: We have a motion and a second to accept the proclamation. Any discussion? All in favor, please say aye. Opposed? The motion passes five to zero. (Applause) MR. RENEE: Good morning. Good morning, everyone. On behalf of CARES I wish to accept this proclamation, and on behalf -- especially on behalf of those individuals who are residents and citizens of Collier County who are either infected with the HIV virus or affected in terms of family or friends, we do want to thank you for the acknowledgment that you present us with today. Thank you again. CHAIRPERSON MATTHEWS: Thank you. (Applause) Item #5B EHPLOYEE SERVICE AWARDS - PRESENTED CHAIRPERSON MATTHEWS: Next item on the agenda, service awards, Commissioner Norris. COHMISSIONER NORRIS: Thank you. We have one award today, a five-year pin for Michael O'Hara from facilities management. Michael, are you here? COMMISSIONER HANCOCK: right now. COMHISSIONER NORRIS: morning. COMHISSIONER MAC'KIE: COMHISSIONER NORRIS: forwarded to him. CHAIRPERSON MATTHEWS: He's probably fixing something Or making some repairs this Fixing something. We'll make sure that this gets Thank you. Item #7A ADRIENNE SHOLNIK, PRESIDENT OF THE GULF COAST ROWING ASSOCIATION, REGARDING THE USE OF CAXAMBAS PARK AND CAXAMBAS PASS FOR A ROWING CENTER - STAFF DIRECTED TO EXPLORE THIS ISSUE AND BRING MATTER BACK Next item on the agenda as we move to public petitions, item 7(A), Adrienne Skolnik, president of Gulf Coast Rowing Association. MR. DORRILL: Who is here and registered and will present this item to you this morning. Just -- you may want to -- this is the first time she's ever been here. She indicated she wasn't quite sure what to do, but I reminded her she has 10 minutes to make her presentation, that you may have some questions, and then you will refer this to staff or perhaps our parks and recreation advisory board. Good morning, Miss Skolnik. CHAIRPERSON MATTHEWS: Good morning. MS. SKOLNIK: Good morning. I am Adrienne Skolnik, and I am president and founder of the Gulf Coast Rowing Association. The GCRA is bringing the sport of sliding-seat watercraft to the Collier County area, which is sculling, sweep rowing, as you see in the Olympics. GCRA serves a diverse population with our students ranging in ages 13 years old to our oldest student who is 80 years old. GCRA is working to demystify the elitism of the sport and break through the economic and cultural barriers through our community programs. We plan a youth at risk program. We have already met with the shelter for abused women, and we are planning a program with them. We plan and adapt the rowing program for special needs individuals and are already working with a special person. We have a great program which is ongoing for our high school and college students which is no fee, and an adult program which is fee based. We are opening centers throughout Collier County and wish to address Caxambas Park and Caxambas Bay today as a GCRA rowing center. What is unique about this site is that it has the potential to be not just a recreational rowing center, but to become what is called a developmental center, which is avenue for winter and spring training for college and Olympic crews and a future regatta site. The course is like a racetrack, as you can see from the handout, which is approximately 4 to 5 miles as a racing track and has long, wide, calm, unobstructed protected waters. I just returned from the U.S. rowing national convention in Augusta and had the opportunity to meet with college and national coaches to assess their interest in the Naples area as a winter and spring training site and was delighted with their response. To name a few who have indicated an interest; Hartmut Buschbacher, who is the U.S. woman's national team coach training our women for Olympic trials. He will bring 50 people, would make one or two trips in November and February, plans three weeks at a time, and would spend approximately $25,000; Igor Grinko is the U.S. men's national sculling coach training for the Olympic trials, also would bring 50 people and spend approximately $25,000; Princeton University, Dan Roock, head coach, brings 150 people, has seven days' stay and spends $15,000; Northeastern University in Boston, Buzz Congram, men's university crew coach, brings 60 people, spends 10 days and approximately $15,000; George Washington University, Paul Wilkins, head coach, 100 people, spends eight days and $16,000; Kansas State, A1 Coch, head coach, 65 people, eight days with $11,000; and University of Iowa, Handi Kowal, head coach, brings 70 students, spends eight days and $12,000. Revenues generated to our economy from just these few that I have mentioned would be approximately between a hundred to a hundred fifty thousand dollars per training season. Also we could charge a small dock fee of 50 cents which would generate a few extra hundred dollars to parks and recreation. They have advised me that they prepare their budgets in January for the following year. GCRA had originally requested a small dock with a very minimal cost of $5,000. However, since meeting with the coaches, in order to provide docks long enough for their competition shells, which are 60 feet long, as you can see from the photographs, we need to provide a 90-foot dock which could range from fifteen to twenty-five thousand dollars to construct. They bring an average of 10 to 15 of these boats by trailer. Because the coaches will be planning their budgets in January for next season, we need the board to give some direction at this time. We can't wait for the next budget meeting. If we are to provide facilities starting in November of '95 through March of '96, we have to know facilities would be available soon so I can advise the coaches and send information as soon as possible. Thank you very much. CHAIRPERSON MATTHEWS: Thank you. Are there questions for Mrs. Skolnik? Commissioner Hancock. COMMISSIONER HANCOCK: Miss Skolnik, we've discussed this in my office some months ago, and I found myself thinking of different parts of the county where we could have a rowing center. My experience in Tampa with the coast guard was they used to have regattas there during the winter season, and we would set up perimeters and stuff, but kids would come in from Yale and everywhere -- I mean, all over the U.S. for these regattas, and it was kind of a neat event. The problem we have -- if I understand you correctly, you're asking for the board to make a financial commitment for the construction of these docks; is that correct? MS. SKOLNIK: Yes. COMHISSIONER HANCOCK: Okay. First of all, that's, you know, not just a commitment of dollars but a commitment of permits which, you know, even if we found the money, the permits would be tough to get. The second thing is that for that type of expenditure -- I know that your association is broadening the horizons for rowing, and the people are getting into it and interested in it, but I wouldn't call it exactly a broad-concept sport at this point, because there hasn't been a lot of exposure locally to it, and that will change over time. I understand that. Some of the physical problems with the routes you've put in Caxambas Pass are that that is a navigable waterway from the canals all the way out to the gulf. Both of your courses cross where all of that traffic has to traverse. So without having structured security, the ability to even have a 2-mile course there would be difficult at best. So I think there are a lot of questions that we probably can't answer today. I don't know if this is the -- the best place -- maybe one of the only places you can find, and it may be workable, but right now -- do we have -- you know, we're talking fifteen to twenty thousand dollars out of a park budget that this year we cut back several hundred thousand dollars due to budget constraints. It's already operating on a shoestring, so to speak. So to find fifteen or twenty thousand dollars -- I hate to be the grim reaper -- is probably unrealistic by January. I just want to be honest with you and not paint a picture that we're going to send staff away to go find money that they themselves are having a tough time finding for their own maintenance programs. MS. SKOLNIK: We're also asking for approval to use the Caxambas Park and Caxambas Pass as a recreational rowing center which would be a more informal environment. COMMISSIONER MAC'KIE: That was the part that I was confused in my discussion -- CHAIRPERSON MATTHEWS: Excuse me. Commissioner Norris had indicated questions. COMMISSIONER NORRIS: Am I on? CHAIRPERSON MATTHEWS: Yeah. COMMISSIONER NORRIS: When you said a 90-foot dock, were you visualizing a 90-foot linear dock along the seawall, or are you thinking of extension out from the seawall 90 feet? MS. SKOLNIK: If -- if I think about the traffic pattern there from the residential area, probably along the seawall. It doesn't really matter as long -- that's why I brought along those pictures. Those are from the Miami Beach Rowing Center, which I took some of the kids to regatta recently, just to show you some of the activity that goes on. COMMISSIONER NORRIS: Mr. -- Mr. Olliff, have you worked with Miss Skolnik, the rowing realtor, on these -- these issues? MR. OLLIFF: I haven't personally, but I know that they've actually been to the parks and rec advisory board twice already, and in both cases the park and rec advisory didn't support the request and primarily for the reasons that Commissioner Hancock raised. There are concerns that Caxambas were more from the boating traffic safety standpoint, if I understand from their minutes and talking to them, but they -- they didn't recommend that. And I think that they had asked for some additional information and asked for them to come back actually a third time through the parks and rec advisory board, so I don't think they've seen that the last time as yet. MS. SKOLNIK: Can -- can I make a comment? You know, our other locations are all surrounded by power boating activity, and it's something we have to live with. We tend to row along the side areas of the bays and rivers where that's shallower. We could row in a foot of water. So even in the Naples Bay area that the city is proposing, we'll probably be rowing on the east side of the bay so that, you know, we have ways of getting around all this, and Gordon River is a perfect example, I mean. COHMISSIONER NORRIS: Let me make a suggestion that we ask Miss Skolnik to work with Mr. Olliff to see if she -- if they can develop a site or two that might be appropriate, and if there's some issues involved, bring it back to the board. CHAIRPERSON MATTHEWS: Commissioner Constantine. COHMISSIONER CONSTANTINE: I'm going to agree with that suggestion. Just a couple of comments. I've had a chance to speak with you a couple of times on this. And it's a wonderful idea, and it's a great program, and I think it can develop into something very nice. Interesting, when I was in -- I was in the Leadership Florida program this past year, and at our first session up in Orlando they talked about the economy of sport. And I think most people when you talk in that manner think of the impact of the Orlando Magic or Hiami Dolphins or big things. But they were -- what the program was about was things like this, whether it's bringing archery tournaments to your local area or bringing rowing. You outlined as much as $150,000 a year suddenly pushed into your local economy. And often it's the smaller programs -- sporting programs that you don't generally think of. It's not necessarily the NBA or NFL that help communities and boost the economy in local communities. So I agree with Commissioner Norris. If there is a way we can play a role -- Commissioner Hancock's right. We've got a tight budget, and I'm not sure we have that kind of money. We can look, but I don't want to get your hopes up, because I'm not sure we're going to find it. But I think if we can explore and play a part in making it a reality, particularly with the location, I think everybody benefits. COHMISSIONER MAC'KIE: I think everybody has already said it. I'd just like to add my vote of support. I think it's a wonderful program. I'd like to see the county find a way to make it work. I hope that we can and just encourage it to work with Tom and go back with the park and rec's advisory board with the knowledge -- with the park board that this board is endorsing the concept at least. MS. SKOLNIK: Is it possible to retrieve this money from impact fee funds? COHMISSIONER MAC'KIE: Well, it's a capital improvement, so we'd be talking -- it is something that impact fees are available for legally, but then it's a budgetary question. COHMISSIONER HANCOCK: It would come out of parks and recreation as far as the impact fees that are collected, if I'm not mistaken. MR. OLLIFF: It would -- in most cases that project would come out of the regional park impact fees, and that's where we're really thin. CHAIRPERSON MATTHEWS: Really strapped. MR. OLLIFF: That's the project at Lake Avalon to try and get something open in a phase one project this current year. COHMISSIONER HANCOCK: We already talked about it's not quite wide enough from one side to the other for a full course. MS. SKOLNIK: Just as a closing comment -- COHMISSIONER HANCOCK: You have to make a left turn all the time. MS. SKOLNIK: This venue we're talking about becomes an income-producing tourist attraction for the county which can be advertised internationally and takes place during the height of our tourist season. So there -- you know, there's such a wonderful jelling here of -- of the sport and our economy and revenue that we hope you'll give it consideration. COMHISSIONER HANCOCK: I think if the hotels want to pitch in and build that dock, we'd be happy to -- I'd like to narrow -- I'd like to kind of narrow -- I know that we can look at Caxambas Park quite easily to determine whether or not it can be a staging area and provide the location for the venue. Then the physical improvements are where, I think, are going to be the tougher question. So those are in my mind two separate points. Can it be a staging area? In other words, if -- you know, if there's an area in that park that can be improved to allow for the staging of equipment and so forth, great. Then what is required minimally to get off the ground is the next thing we need to look at. So if we can look at it in those stages, I'm fully supportive of your motion. MS. SKOLNIK: Thank you. CHAIRPERSON MATTHEWS: I believe that sounds like at least five of us in support of trying to make this work and see if we can't get it off the ground and -- and have another venture for our tourists, for our citizens. We got to find some money, though. MS. SKOLNIK: Thank you. CHAIRPERSON MATTHEWS: Thank you. Thanks, Mr. Olliff. MR. DORRILL: Mr. Olliff, you may also -- I'm not familiar with the sport at all. But I do know that the Golden Gate Community Park is adjacent to the main Golden Gate canal, and I don't know what the necessary width would be. But, I mean, they could row their little hearts out from there west all the way back to Airport Road, and you may want to -- to look at a facility at the Golden Gate park as well and use the canalway there. COMHISSIONER HANCOCK: Yeah. I think that makes the width, but you need a mile and a half to two miles between weir structures. MR. DORRILL: Well, as soon as they cross under the bridge that is there at Santa Barbara, it would be a clean shot for the main weir that is just, I'd say, about a half a mile east of Airport Road. It's probably worth looking at. COMMISSIONER HANCOCK: Worth looking at, I agree. Item #SA1 AGREEMENT TO PROVIDE LOCAL FUNDS TO SUPPORT THE TRANSPORTATION DISADVANTAGED PROGRAM IN COLLIER COUNTY - STAFF RECOHMENDATION APPROVED INCLUDING $25,000 TO BE RESERVED IN LAST FISCAL YEAR QUARTER PENDING REVIEW & STAFF DIRECTED TO WORK WITH MR. LAWSON AND TECH AND RETURN MATTER TO LDC IN FEBRUARY AND TO BCC IN MARCH CHAIRPERSON MATTHEWS: Okay. Next item on the agenda is under the county manager's report, item 8(A)(1). This is approval to execute an agreement with Transportation Disadvantaged program in support of it. Mr. Perry. MR. PERRY: Good morning, Madam Chairman, Commissioners. The item for you today is the annual agreement with Tech Incorporated, the county's supplements Transportation Disadvantaged program currently budgeted in the HPO budget as $75,000. The agreement that's in your agenda package is -- regards that $75,000. In addition to that, I'm also bringing forward a recommendation of your local coordinating board for the Transportation Disadvantaged which on October 18th requested that an additional $25,000 in county funds be requested so that additional resources would be available to offset some of the shortfalls that are now being experienced from some of the other agencies that have in the past purchased transportation services from Tech for their clients but have had to cut back because of their own cutbacks and entitlements and contributions so that it's sort of a cycle of -- of when one agency cuts back, their -- their contributions, it has to come from someplace and typically transportation for their clients is oftentimes the first area that suffers those kinds of cutbacks. So the coordinating board has requested that Tech seek an additional $25,000 to provide additional transportation services for the disadvantaged. In the audience today is John Lawson, executive director of Tech, and Dick of Community Transportation to answer specific questions that you might have about the program and about the requests. CHAIRPERSON MATTHEWS: Okay. I'd like to expand on what Mr. Perry has had to say so far in that Tech is experiencing a little over a hundred thousand dollar shortfall, and the TD or the local coordinating board has -- has asked Mr. Perry and Tech to bring this item to us to ask the county to make up about $25,000 of that shortfall. And we've all been getting phone calls and letters in the last several days about increases in -- in costs to the ridership, and that was one of the other items that the local coordinating board also decided, and that was to increase nonmedical, nonwork-related trips to $6 each way so that we could still try to keep our medical-related trips as low as possible. It's just some additional background on it. Commissioner Constantine. COHMISSIONER CONSTANTINE: So this -- I got a series of questions. But this increase then of $75,000 plus 25,000 will not lower those prices back down in any way? CHAIRPERSON MATTHEWS: No. It's -- it's part of -- it's part of the program to try to continue to provide aid and adequate service for the medical disadvantaged and the -- and the employment work. COHMISSIONER CONSTANTINE: Because I guess I have a real problem. We went through this a few weeks ago with the Special Olympics. I'm not sure that we corrected that completely. I think we've corrected some of the problem with that. But a great example, the Collier County Association for the Blind currently being charged $6 each way to get to their headquarters. I worked with them for probably a year and a half trying to get them in a specific location where they have readers and have machines that are readers and such. But it's not considered, quote, medical. CHAIRPERSON MATTHEWS: Right. COHMISSIONER CONSTANTINE: So they're paying 12 bucks just to get in and be able to do the daily functions that you and I do every day. And many of them cannot afford it, so now they sit at home. They can't read. They can't go through their own mail. They can't do a number of things that you and I take for granted every day. And it seems to me -- and that may not be John Lawson's fault. I know he's had some unusual circumstances, but it seems to me Special Olympics was one example. Association for the Blind was another example. We've come to a point where the system isn't working completely to its necessity. And I think, yes, we need to take care of those medical people first, but defining other things as recreational when they aren't necessarily recreational, defining other things puts us in an awkward position. I'd like to see us pursue some agreement with private enterprise. The manager and I have spoken about this some. But let's see if there's a way to solve the problem comprehensively rather than simply carry over the medical and ignore the rest of the community. CHAIRPERSON MATTHEWS: Well -- COHMISSIONER CONSTANTINE: I don't think that's the intent, but I think that's the position Tech's been put in. CHAIRPERSON MATTHEWS: Yeah, exactly, but obviously the problem here is the lack of -- of funds to provide the ridership that is being -- being requested. And -- and obviously that's -- that's part of the problem. And the only viable way at this point to reduce those fees for nonmedical, nonemployment ridership would be for the county to subsidize even to a larger degree than -- than we're being asked for. They've got a hundred and ten thousand dollar shortfall, and we're struggling to find ways to make that up to keep the program viable at all. COHMISSIONER CONSTANTINE: Mr. Dorrill, we've had a discussion that there are possibly some other alternatives out there as we look in the spring for the new fiscal year '96-97 might be available. I don't know if you've had a chance to talk to any other commissioners about that, but -- MR. DORRILL: The -- what I have had a chance to do after our joint meeting in Lee County -- I'm in receipt of a brief analysis from our management budget office that explains the Lee Tran budget, how it is comprised and the various sources of funds. I do not know whether there's a Transportation Disadvantaged program in Lee and if it is provided by a different contractor or if Lee Tran does that. But, yes, I would at least like us to determine what options that we have if this is going to be a trend where increasingly they are running short or being limited on the other sources of revenue. I think the service demand is there based on the cause and the concerns that we get, and I think we ought to look and propose to use the very best agreement -- COHMISSIONER CONSTANTINE: When we have different expenditures proposed to us, you will often hear me say that, in my opinion, the county's only role is to provide health, safety, and welfare and that we don't need to make expenditures beyond that except in the case of special taxing districts and such. I think this does fall in the category of health, safety, and welfare. When you have someone who has a medical condition, in this case blind, or the Special Olympic folks who -- by having $12 to get to and from somewhere, they can't afford it, so in effect they are now confined to their home. They -- unless they have a friend who can come and read the mail and read the paper and do all those things for them, they in effect can do -- can't do many of the things that they were up until the extra charge able to go and do at the center for the blind in this case. And I'm sure that is not the only organization. I'm sure there are any number of them in town that -- CHAIRPERSON MATTHEWS: Uh-huh. COHMISSIONER CONSTANTINE: -- are impacted. So when -- when we talk about financial shortfalls or anything -- we're talking about so many different issues that we give money to, to FOCUS or these different groups which are all good groups and benefit the community. But when we talk about health, safety, and welfare, I think nothing could be clearer under that category than this. And so if -- if we need to get a little extra money not only to carry the medical costs over, but if we need to give a little money to make sure that those -- I mean, itws named Transportation Disadvantaged, and those who are in some way able to provide transportation for themselves because of physical impairment or other, then we need to try to take care of those people. CHAIRPERSON MATTHEWS: Can I make a suggestion then, because I believe Mr. Dotrill is -- is intending to continue his discussions with Mr. Stillwell on Lee Tran and to bring a proposal to us in the early spring, is that correct -- MR. DORRILL: Yes. CHAIRPERSON MATTHEWS: -- that until that time we donwt have Lee Tran to relieve some of the ridership problems that Tech is experiencing. And I -- I would like to suggest that we -- that we either approve the budget amendment today or we at least continue it until Mr. Dotrill brings a recommendation on Lee Tran so that we can combine the two together. But certainly Tech is experiencing a financial shortfall, and theywre going to need some sort of funding to get them over this problem until -- until Lee Tran, if and when it does expand itself. COMMISSIONER CONSTANTINE: I donlt disagree. Iim just suggesting that perhaps we canlt wait until spring to address the issue. Maybe in the -- as part of our direction we need to ask our staff to look at what are the costs and from where, what -- what are the potential sources that we can take care of some of those other needs, because I donlt think we can leave the people I was talking about sitting home from now till June while Mr. Dotrill talks to Lee County. And -- and so Iid like to give our staff that direction at the same time, have that come back, you know, maybe in two or three weeks. CHAIRPERSON MATTHEWS: This is -- this is a good discussion. Iim enjoying it. I -- I think -- can we do this then? Can we ask our staff to examine the costs of providing the transportation and possibly give direction to Mr. Perry to take these -- this idea of the fares back to the local coordinating board and see if we canlt work a way with Tech to reduce the cost of these fares at least in the interim with -- with this $25,000 budget increase? I know hels looking at it to carry him the fiscal year. And if welre only really having to look at six months of the fiscal year, we may be able to accomplish exactly what youlre talking about, and the LCB meets again in February, I believe. So why donlt we hear from Mr. Lawson and see if he can tell us if that will work. MR. LAWSON: For the record Iim John Lawson. Iim the executive director of, the coordinator for Transportation Disadvantaged services in Collier County. And we are currently using the support of the county to help match federal grants through Section 18 for the rural areas as well as to provide a support for over 7,500 different disadvantaged individuals in the community. And we need to -- to proceed with some sort of funding authorization in order to continue the program. Right now for the last couple of months -- and this would carry it through December -- we have been trying to utilize other funding sources to continue the program awaiting the contract which is for the last five years, I guess, has been available effective October 1st. So what we're looking at is a -- a funding problem in continuing some of these services, allowing to come down with the match to draw down these federal funds. So as far as the -- the urgency, there's a need to proceed with some sort of contracting. As far as the local coordinating board, I would be happy to bring to them a recommendation for a reduction in fees or a redefinition, which there is a current committee to -- to actually explore a redefinition of what is a recreational service. I do know that many of the people that benefit from the services that go to the Collier County Association for the Blind actually do get a lower fare than the $6. Some of their activities are higher. Some of them are lower. One avenue that the county could explore as an alternative is actually to sponsor specific types of services that you -- you wish to -- to do in a priority fashion. That would be one option, and we'd be happy to work with staff to -- to accomplish that. In relationship to Lee Tran and options in terms of the potential for drawing down other federal support to help meet the demand for the Transportation Disadvantaged and the general public in our area, we are meeting within the next couple weeks with Jim Fenset (phonetic) who heads up the Lee Tran program in -- in Lee County. And we're going to explore some of the possibilities for the -- the program to -- to improve for the public good in Collier County and -- and possibly the region as well. There are some options. Related to that we have made a request to the Transportation Disadvantaged commission to explore the possibility of using the funds that we receive from that to match service development grants. It's my thinking that before any of that could proceed with -- with any confidence, certain plans would have to be developed and to -- to look at whether or not those priorities would be in place and whether those plans would be -- the transit plans would be what the community really desires. So I'm available for questions if you have -- but my commitment is to -- to help serve the populations that -- that Commissioner Constantine has -- has pointed out. That's certainly part of our mission. CHAIRPERSON MATTHEWS: Commissioner Constantine. COHMISSIONER CONSTANTINE: What's the largest vehicle you all -- vehicle or vehicles that you all own and utilize for this purpose? MR. LAWSON: We have one bus. Actually it's a school bus, and it has about 40 -- 40 passengers. We use that for some of the after-school programs that we help provide support to, including to the county parks and rec; Girls, Inc.; and Parents As Teachers. A lot of the after-school programs need transportation. And we're one of their only links to providing that in the community. And I've had to get special authorization from the state in order to provide those services because of certain limitations in terms of how they need to be done legally so -- COHMISSIONER CONSTANTINE: Is there any circumstance under which -- which that 40-person bus would be utilized for individual travel? MR. LAWSON: It's a rarity, but if it is just finished picking somebody up on a group trip and is within a block of that -- that person and they're in great proximity, then it may make sense to use that bus at that point in time to transport just one person before going back to the bus barn type of thing. So it -- it's a possibility, but it's not -- it's not scheduled that way as a -- as a general rule. We have just installed a computer scheduling program with two county mappings, so we actually can know where all the Lee Tran routes are, where all the streets are and -- and can say here's where Tim Constantine lives and put him right on the map and know exactly where he is and then schedule our programs and routes related to that. So we're expecting as part of our plan to -- to deal with these federal cutbacks from all these agencies to -- to look at and increase efficiency in the program through the use of this scheduling program. So we're taking several different tracks in terms of solving some of the problems. COMMISSIONER CONSTANTINE: Isn't a realistic time frame -- I'll ask both of you that. If we go ahead with this request today but at the same time ask you and our staff to get together and look at what we can do as far as stepping down the expense on some of those travel items and what that -- you know, what the associated cost of doing that is to the county and -- Bettye said it much better than I did, the whole framework there of where we just went. If we do that in the next few weeks -- and the LCB meets in early February; is that right? Is that a realistic time frame to sit down and go through that, have something back to them in February? MR. LAWSON: Yes. In fact, we're -- I think that's a realistic time frame. At that same point we will be making requests to the Federal Transit Authority through the Florida Department of Transportation for additional vehicles that we might use in the system and what vehicles that might be appropriate to meet that demand and -- and working with Lee Tran in terms of what models might be appropriate for a cooperative venture. COMHISSIONER CONSTANTINE: Thanks. MR. PERRY: Well within our time frame. CHAIRPERSON MATTHEWS: Other questions? Commissioner Hancock. COMMISSIONER HANCOCK: I really don't have a question for Mr. Lawson. I'm not going to -- to oppose moving ahead today, because I do recognize the need in the community for this. But I do want to caution that this is, in essence, a public-private partnership. The TD commission went out and received grants from which they matched the funds from collected fares to provide a service. The county became a participant to expand that service by funding an additional level. As this program has seen some cutbacks, the county is now being asked to step up and make a part of that -- that loss up. And I don't really have a problem with this particular request except that a concern of mine is that the county continues to become a larger and larger financial player, a larger and larger piece of the pie, so essentially this becomes a county program. That concerns me greatly. And I know we'll sit here and talk today about segments of the population that are not being served, but if we continue to use that as a basis for funding, there will always be needy segments of the population in Collier County we cannot serve. So I just want to issue a little bit of a caution that this is a public-private partnership. It needs to be driven by what initially kicked this off and not just by funding shortfalls and. You know, again, I'm going to support this today, but there's a little gnawing feeling there that we're going to become a too large a participant in this, and the last thing we need is the county basically funding half or more of this program. COMMISSIONER CONSTANTINE: As part -- I don't disagree. As part of this -- first of all, I'm not sure what the private part of this is, because Tech is a not-for-profit, so I'm not sure who the industry in this is but -- COMMISSIONER HANCOCK: I'm sorry. I didn't say industry. I think there's a vendor providing a service. COMMISSIONER CONSTANTINE: Anyway, as part of what I'd like to see us do and I think I mentioned, is the manager will be looking at some alternatives as we go into the new fiscal year where we can get into more with private enterprise and, I think, relieve some of the public portion of that burden. So I think this is a stopgap. We've got, as I said, a health, safety, and welfare issue facing us in the immediate. But I think you're absolutely right in that we don't want to take on this burden and be carrying the majority of the load long term. CHAIRPERSON MATTHEWS: I think -- I think we all can see that. Commissioner Norris. COMMISSIONER NORRIS: I'm going to -- depending on the motion, I'm probably going to support it today as well. I would just like to ask my fellow board members to clearly remember the difficulties we're experiencing with this program so that we may use that information in some future discussion if an expanded public transportation system is proposed to this board. CHAIRPERSON MATTHEWS: Is there a motion? Is there a motion? COMMISSIONER CONSTANTINE: MAdam Chairman, motion to approve the recommendation in our executive summary and to give our staff direction to work with Mr. Lawson and Tech to fill that gap as earlier outlined here in your and my discussion and return that to LCB in February. CHAIRPERSON MATTHEWS: Mr. Perry? MR. PERRY: Yes. Just for clarification on the motion, does that include an increase or just the 75,000 that's currently budgeted? The HPO budget currently has 75,000 into it that you granted during the normal budget cycle. What the -- what is -- the second part of this request is what would I assume have to come from contingencies, because there's no money in the HPO budget for it. It would have to come from your budget someplace else. COHMISSIONER HANCOCK: You can't turn the lights off a little early each day? MR. PERRY: No. COHMISSIONER CONSTANTINE: Mr. Lawson, what happens if the extra 25,000 isn't budgeted? CHAIRPERSON MATTHEWS: Right now. COHMISSIONER CONSTANTINE: Yeah. CHAIRPERSON MATTHEWS: If we don't do it right now. MR. LAWSON: As of right now? There would have to be continued service cutbacks, and it would be much more difficult to -- to work out an arrangement in terms of reduction in fees. I mean, just from a practical financial standpoint, that would -- that would put us even that further out of -- of sync with the needs. I would encourage you to approve it and -- COHMISSIONER NORRIS: No kidding. MR. LAWSON: And -- obviously. But I am sensitive to the needs of -- of taxpayers as well being one, and I'm trying to hold down this -- the county's burden in this as much as possible. And so if -- if -- COHMISSIONER CONSTANTINE: All right. I'll approve -- MR. LAWSON: If we're not -- if we don't have to use it for whatever purpose, it would just remain in the funds of the county. COHMISSIONER CONSTANTINE: I'll include the $25,000. I'll also suggest that above and beyond the discussion between our staff and Mr. Lawson that we put Mr. Dotrill on some sort of a time frame, and I'm open to suggestions on what that would be, but -- for a proposal for the upcoming fiscal year. Obviously that one isn't as time sensitive as the other issue. CHAIRPERSON MATTHEWS: Commissioner Hancock? COHMISSIONER HANCOCK: Commissioner Constantine, I'd like to propose something that may accomplish the end objective, which is to go ahead and approve the -- the full 100,000 but reserve the 25,000 until the last fiscal quarter until we get from Mr. Dotrill what this proposed Lee Tran impact may or may not be. I don't think the Lee Tran extension is going to be some panacea. I don't think it's going to be something that we're going to be ready to jump on, but should it remove some of the encumbrances upon the TD program, our funding should be commensurately either reduced or maintained. So if we can phase the hundred thousand so that the 25,000 additional is in the last quarter of the year, that may give us the time to look at the Lee Tran extension and how it impacts the TD system and may reduce their load. It's a suggestion. My support is not contingent upon it, but it's merely a suggestion. COHMISSIONER CONSTANTINE: I have no objection. COHMISSIONER MAC'KIE: If that's the motion, I'll second it. Is that the motion? COHMISSIONER CONSTANTINE: Sure. CHAIRPERSON MATTHEWS: accepted an amendment to -- COHMISSIONER HANCOCK: CHAIRPERSON MATTHEWS: but I missed the words. COHMISSIONER HANCOCK: Okay. And the motion maker has To phase '- I'm sorry. I know what you mean, To approve the -- to approve the immediate $75,000 amount and to approve an additional 25,000 for the last fiscal quarter of the upcoming year pending the review and decisions -- potential decisions by this board regarding Lee Tran extension and how it may impact the operation of the TD program. CHAIRPERSON MATTHEWS: Okay. COHMISSIONER CONSTANTINE: And to give staff direction to deal with Mr. Lawson between now and February to correct the immediate problem and to put Mr. Dotrill on a time frame. I'm open for a suggestion on what that time frame is. MR. DORRILL: End of March. CHAIRPERSON MATTHEWS: Late March? COHMISSIONER HANCOCK: That's plenty of time. And there's also the point in here of $4,200 being set aside for senior services as a recommendation. Is that a part of your motion? COHMISSIONER CONSTANTINE: Yeah. CHAIRPERSON MATTHEWS: We have a motion and a second. Does everybody understand the motion? Commissioner Norris. COHMISSIONER NORRIS: Just -- I think we ought to encourage Mr. Lawson to understand that come the last quarter there may not be $25,000. That's part of the motion. So you need to plan appropriately for that. MR. LAWSON: Okay. CHAIRPERSON MATTHEWS: Is there further discussion? All those in favor, please say aye. Opposed? Motion passes five to zero. MR. PERRY: Thank you. CHAIRPERSON MATTHEWS: Thank you, Mr. Perry. Item #8A2 PROVISIONS OF THE AFFORDABLE HOUSING DENSITY BONUS PROGRAM - ALL AFFORDABLE HOUSING PROGRAMS AND REGULATIONS TO BE DISCUSSED AT A WORKSHOP SESSION Next item on the agenda is item 8(A) -- I'm sorry. It is ten o'clock, and we have a time certain for a discussion of the sheriff's HSTU. Mr. Dotrill. MR. DORRILL: I'm looking to see if the city manager and the mayor have arrived yet. COHMISSIONER NORRIS: They are not here. CHAIRPERSON MATTHEWS: They are not here yet? MR. DORRILL: I think it's important that they be here, so if we can just continue on until the mayor and city manager are here. CHAIRPERSON MATTHEWS: Mr. Hihalic, you're back. MR. HIHALIC: Thank you, Commissioners. Good morning. I'm Greg Hihalic of the housing urban improvement staff. We're before you this morning to discuss the affordable housing density bonus program. This comes about from a request from Commissioner Norris a couple weeks ago saying he wanted to look at the system and see how it operated and see what changes might be appropriate for the system. I gave you an executive summary to talk about how the system was developed and how it worked. Essentially it gives extra priorities to large apartments, those apartments that have more bedrooms, three bedrooms or more, as a -- as a -- certainly an extra benefit and in those apartments that serve increasingly lower income individuals and families. And on your agenda in your package, page 8, is really the matrix that sets up the formula for how an affordable housing density bonus is derived. I should also mention that, if you notice my executive summary, that this program was entered into as part of a stipulated settlement of an administrative hearing case, and it also says that this was the minimum criteria, and you stipulated that these were the minimum criteria that were necessary. I think you're going to need some guidance from your county attorney's office as to what kind of changes you can make to this program and how it affects those stipulated settlements. I gave you a couple of examples in the executive summary. And if you have a community with large three-bedroom units that serve very low income people, you could have as -- as few as 30 percent of the units be affordable, and the rest would be market rate. I gave you a couple other examples, but there's many ways -- yes, Commissioner. COHMISSIONER NORRIS: Let me stop you right there. MR. HIHALIC: Yes. COHMISSIONER NORRIS: That's really the crux of the question here. My concern is I don't want a developer to be able to translate his density bonus into market-rate apartments. And the -- the wording here is ambiguous enough to where I can't tell what you meant when you wrote this executive summary and -- and your statement right there. If 30 percent of the units are -- are qualifying units, does he get his full bonus for the entire acreage of the project that he can, therefore, have an increased number of market-rate apartments? That's what I -- that's my question. MR. HIHALIC: Yes, he can, Commissioner. If only 30 percent of the units are required to be affordable and he gets the density bonus on a hundred percent of the acreage, he essentially would have two-thirds of those units or 70 percent of those potential density bonus units that would be market-rate units. COHMISSIONER NORRIS: Okay. MR. HIHALIC: So it's absolutely true. COHMISSIONER NORRIS: Well, that's -- that's exactly -- that's what I thought -- MR. HIHALIC: Yes. COHMISSIONER NORRIS: -- was occurring, and that's exactly what I don't want to occur. I don't think that's fair at all. If -- if there's any bonus to be allowed, everything that is a bonus apartment must be -- CHAIRPERSON MATTHEWS: Affordable. COHMISSIONER NORRIS: -- an affordable unit, otherwise the county's getting rooked on the deal. That's -- MR. HIHALIC: I'm not sure we're getting ripped, because there's no cash cost to the county to this, and this encourages affordable housing within -- COHMISSIONER NORRIS: Well, density -- density rooks us. I mean, if we -- if our base density is 4 units and somebody can have 12 market-rate units per acre just by providing 30 percent affordable housing, well, we're getting rooked on the deal. MR. HIHALIC: Well, I think -- I call that your incentive to encourage affordable housing at no cost. And that's the reason for the affordable housing density bonus program, so that the county does not have to put cash up to encourage affordable housing but has programs that work at no cost -- no cash cost to the county. And then -- COHMISSIONER NORRIS: Well, see, Mr. Hihalic, the problem is we're not trying to encourage additional bonus units of market-rate apartments, only affordable units. And if somebody is getting market-rate units that they don't deserve, then they're -- they're subverting our policies and increasing densities that I don't feel they're -- they're entitled to. MR. HIHALIC: Well, Commissioner, I think that's the reason for the affordable housing density bonus program. Right now all the affordable communities that have been built in the county are a hundred percent affordable, but that's primarily -- COHMISSIONER NORRIS: What about Osprey Landing? MR. HIHALIC: Osprey Landing is a hundred percent affordable, Commissioner. COHMISSIONER NORRIS: A hundred percent? MR. HIHALIC: A hundred percent, yes, Commissioner. COHMISSIONER HANCOCK: That's where I think we may -- this argument is occurring right now in theory. MR. HIHALIC: Yes, it is. COHMISSIONER HANCOCK: Because in practice what has happened is everything has become a hundred percent affordable. So I understand, Mr. Hihalic, your feelings and your -- it's really your job to push for the affordable housing and the availability of it. MR. HIHALIC: Yes. COHMISSIONER HANCOCK: However, the change that Commissioner Norris is talking about, one which I conceptually support, it would have no impact. MR. MIHALIC: Oh, but it would, Commissioner. COHHISSIONER HANCOCK: Well, it would not have any impact on current existing projects because they all are 100 percent affordable. They all would have received their bonus, and they all ended up going a hundred percent affordable. MR. HIHALIC: That's right. COHMISSIONER HANCOCK: You mention in here that Collier County has actually been very successful in increasing the number of affordable units in the time period in which this program has been in place. MR. HIHALIC: Absolutely. COHMISSIONER HANCOCK: So we're really doing something right for affordable. So if we see what's coming out on the market end, and we see that a policy change that institutes what this board may feel is a fairness concept is not really going to have an impact on the way in which it's being done right now, then we're saying that -- that we don't mind continuing down the same path. So we -- we could probably have a very long discussion on the fact that if we give -- if their base is four and they request eight additional units as a density bonus, but only four of those additional units, in essence, go to affordable housing, are we encouraging affordable, or are we providing the -- the avenue for someone to go get the other matching funds that make their project even more affordable -- or more profitable? And I think we're wrestling with that. I think we're wrestling with whether or not to give incentive versus give the cash cow away. And there's probably going to be a theory basis difference between your position and Commissioner Norris and possibly between mine. But if in practice they're all going a hundred percent, and if in practice by saying every density bonus -- every density unit you get, every bonus unit you get has to be affordable, I don't see how we're going to change in which the way business has been done on these affordable projects, and if it will, please enlighten me as to how. MR. HIHALIC: Yes, I'll try to do that, Commissioner. The reason we're getting a hundred percent affordable communities is because of the federal low income housing tax credits. That is the driver that's making these -- these communities a hundred percent affordable. By their affordable housing density bonus, they may not have been required to have been a hundred percent affordable, and maybe that was some of the confusion on Oprey's Landing, which was not required to be a hundred percent affordable by the density bonus that was given to that community. However, the tax credits are what's driving it. An unbuilt development, Leawood Lakes, which is a home ownership development, we split the density bonus on that development. And so of the 84 density bonus units, 42 were set aside for affordable houses, and 42 were given to the developer to develop extra density for his development. COHMISSIONER NORRIS: Market rate. MR. HIHALIC: Market rate, market-rate units. That would -- is probably what would happen if the low income housing tax credit is cut back or eliminated as they're talking about in congress. So what's happened in the past, I'm not sure you can consider that happening even in the near future, because it has to be economically feasible to develop this housing, and -- and the economics come not only from the density bonus, but primarily from the low-income housing tax credits. But by making these changes, you'll dramatically affect any home ownership of affordable housing you're producing in the future. COHMISSIONER HANCOCK: Just as a quick follow-up, you made the case for exactly how this board set its priority. We would like to see more affordable home ownership. I mean, the more we can do of that, it helps, you know, the tax base, longevity. Everything is -- you know, if we are going to make an exception to the rule, it should be for ownership, not for rental units. I think we're seeing a heavy proliferation of rental units come in, and that's not bad, but this change, unless congress does something else, isn't going to affect that. So I understand your argument, and -- but I think that this just becomes a policy decision for this board. MR. HIHALIC: It does, Commissioner. CHAIRPERSON MATTHEWS: Commissioner Hac'Kie. COHMISSIONER MAC'KIE: I'm happy that we're having the discussion and -- but a little disappointed that we're having this discussion only on this particular issue when I recall Commissioner Matthews and I and maybe others having asked for some time; let's discuss the affordable housing program and what incentives, what extra incentives we can give for very low income housing. MR. HIHALIC: Yes. COHMISSIONER MAC'KIE: And so I'd like for our evaluation of this issue to -- to be broader. Even though the theory of what you're discussing, Commissioner Norris, is perfectly agreeable to me, I'm concerned about the repercussions when the SHIP program falls off, as we expect it's going to, what the repercussions of the change would be. And in addition to that issue, which I agree is very important, there is also the other matter that some -- some members of this board have shown some interest in, and that's in some additional incentive for very low, even very low rental, because I don't think we can talk about very low owner. MR. HIHALIC: Well, we can talk about very low home ownership in some cases. We're doing about 25 percent of the units through as part of the SHIP programs that are very low income in the -- in the down payment and closing costs. We're doing half of our impact fee waivers and deferrals in very low income ownership. So we are making cross -- headway in that area. COHMISSIONER MAC'KIE: And I'd like to see some more incentive for very low. I'd like for the incentive to be greater for very low and less incentive for low and moderate. MR. HIHALIC: We have discussed that. I set aside 225,000 in SHIP funding to be able to encourage impact fee waivers for very low units. However, we could not find any additional funding that the commission is willing to set aside. And you need at least a half a million dollars a year to have any kind of basic program. COHMISSIONER MAC'KIE: Maybe this is a dumb question, but what about more density for very low? Aren't there other non-economic incentives to give for very low? MR. HIHALIC: Well, you're already giving incentives where you could have 30 percent of the community to be affordable for very low income and have the rest to be market, and that's not enough to drive it. So the economics are not there now, because it costs a minimum of $18,000 in extra subsidies for every very low income unit that is built, and the economics aren't there, Commissioner. CHAIRPERSON MATTHEWS: Can I make a suggestion; that the idea of the density bonus program, I think -- I think I'm hearing that -- that Commissioner Norris has concerns about the way we're going about the density program. But at the same time we've got a stipulated agreement that we entered into also; and these are, quote, unquote, the minimum requirements. And at the same time Commissioner Hac'Kie is looking for ways to encourage additional affordable building, and so is Commissioner Hancock. We all are. Is it possible that we could defer this discussion to a workshop environment where we can bring our affordable housing waiver deferral program in and discuss it in conjunction with the density bonus program so that we wind up with a program that's cohesive and workable? MR. HIHALIC: Certainly, Commissioner. I mean, those things go hand in hand and must work. CHAIRPERSON MATTHEWS: But we're only discussing one right now. MR. HIHALIC: Both of them have no cash cost of county taxpayers, and that's why those programs are successful and politically salable to this group, and so keep that in mind. COHMISSIONER NORRIS: The cash cost and impact to the community are not necessarily related, though. CHAIRPERSON MATTHEWS: The same. COHMISSIONER NORRIS: I mean, if we're going around encouraging 12 units an acre in areas that abut -- areas that have 4 units an acre, we're causing impacts to the community. Whether it costs the taxpayer a penny or not doesn't necessarily mean that it doesn't impact the community; that's what I'm trying to get at. Besides that, and my main concern is that by doing -- the way we're doing it now, we are allowing developers to use our -- our regulations and our policies to increase the density on their market-rate units, and that's, I don't think, proper. COHMISSIONER MAC'KIE: But, Commissioner Norris, at the same time I agree with that theory, but I am -- I believe I'm right about your position on this, that it's not your goal to do anything to reduce incentives for affordable housing, just -- COHMISSIONER NORRIS: That's true. COHMISSIONER MAC'KIE: That you don't want to give a bonus to market-rate projects. COHMISSIONER NORRIS: That's true again. COHMISSIONER MAC'KIE: So -- so somehow those have to be balanced. I just don't want the message to be delivered that Commissioner Norris is trying to cut incentives for affordable housing. I don't hear you saying that. I hear you saying you don't want to give some sort of an unfair advantage on market rates. COHMISSIONER NORRIS: That's exactly right. Thank you for clarifying that. CHAIRPERSON MATTHEWS: What I'm hearing is that Commissioner Norris would like to see 100 percent of any bonus units going to affordable housing and not market rates. COHMISSIONER HANCOCK: Add Commissioner Hancock to that list also. COHMISSIONER MAC'KIE: Unless that significantly interferes with and provides a disincentive so that it kills the affordable housing program. COHMISSIONER HANCOCK: Which we've proven is not the case unless there's some significant change at the congressional level. COHMISSIONER MAC'KIE: Which we expect. CHAIRPERSON MATTHEWS: Ms. Student. MS. STUDENT: Madam Chairman, Harjorie Student, assistant county attorney. For the record I just wanted to remind the commission that we're going through the EAR process of the comp. plan which has really set up the framework for this. So it may be appropriate at some point to fold in a discussion along with the EAR, which does an evaluation to see if our plan and of the implementing regulations are working, and I just wanted to mention that. CHAIRPERSON MATTHEWS: Thank you. I'd like to suggest that perhaps one Tuesday afternoon when we've had a light schedule that we spend a couple of hours discussing our density bonus program, our deferral waiver program, bring the entire impetus for our affordable housing program in its entirety to -- to us and discuss ways that we can enhance it. COHMISSIONER CONSTANTINE: Why don't we just set aside Tuesday the 26th for that? CHAIRPERSON MATTHEWS: I think Tuesday the 26th probably won't be all that light of an agenda. COHMISSIONER CONSTANTINE: Okay. CHAIRPERSON MATTHEWS: But if -- if this board would consider doing that, I think that's probably the best way to sit down and discuss the pros and cons. MR. HIHALIC: I agree. I think there's other provisions here. There's a provision that says a developer does not have to fezone the property at all. He's forced to go through that process if he wants a density bonus. I think those are some considerations that should be looked at within the program also. CHAIRPERSON MATTHEWS: And we -- we need to know all those little things that -- COHMISSIONER HANCOCK: We can provide sufficient trade-offs to make you happy, Mr. Hihalic, I'm confident. MR. HIHALIC: Good. Thank you. CHAIRPERSON MATTHEWS: Mr. Dorrill, can we assume that that's direction for one light Tuesday? I know we've got public speakers. COHMISSIONER HANCOCK: Sometime in March. CHAIRPERSON MATTHEWS: What's going on in March? COHMISSIONER MAC'KIE: What's happening in March? CHAIRPERSON MATTHEWS: Anyway, can we look for you to -- to take that under advise -- MR. DORRILL: Sure. CHAIRPERSON MATTHEWS: Thank you. We have public speakers. I presume Mr. Keller is one of them. MR. DORRILL: He is, but he's not first. Ms. Gust will be first. Mr. Erlichman will be next. MS. GUST: Good morning. My name is Joan Gust, and I'm a member of the City and County Affordable Housing Advisory, and I'm here as an individual. You create and you appoint people to advisory committees. I think that this needs to be referred to our committee so that we can study it and advise you and lighten some of the work and the load that you have. And that's just my sole suggestion. Thank you. MR. DORRILL: Thank you. Mr. Erlichman and then, Mr. Keller, you'll be the final speaker. MR. ERLICHHAN: If Mr. Keller wants to proceed me -- good morning. My name is Gil Erlichman and a resident of East Naples, and I'm speaking for myself. I have observed the actions of Mr. Mihalic at most of these affordable housing meetings. And in my opinion, he's one of the best advocates for the builders and the developers and does not benefit the taxpayers of Collier County. In fact, it was brought out just now by his own statement that, oh, does -- this -- this no cash involved -- no cash cost involved to the county. And, of course, Mr. Norris refuted that by saying that, well, it's not the cash involved; it's the -- it's the density in the -- of the affordable housing bonus and all the machinations that go into that. And I don't -- I really don't understand what Mr. Hihalic is gaining by working against the benefit of the taxpayers of Collier County. I would like him to explain that to me. MR. HIHALIC: Well, Mr. Erlichman, one of the wonderful things about affordable housing is that the taxpayers of Collier County save between two hundred and two hundred fifty dollars a month for each one of those people that can reside in affordable housing and live in housing that's affordable to their income level. So I think affordable housing is a good thing for the county and good for the taxpayers of Collier County. MR. ERLICHHAN: But not when you advocate the -- the density bonus, which is actually not fair to the taxpayers, as Mr. Norris and Hiss Hac'Kie's brought out. MR. HIHALIC: Well, we have a difference of opinion on that. MR. ERLICHHAN: Thank you. CHAIRPERSON MATTHEWS: Mr. Keller. MR. KELLER: George Keller, concerned citizen. In the first place, there's no such thing as affordable housing. It costs from forty to fifty thousand dollars a unit, and the people that come in here with affordable housing stated that. So that means you have to charge about anywhere from four fifty to five hundred dollars a month for the smallest apartment pretty well. So let's face facts. It's either subsidized housing, or it's this density problem. And we have to realize one thing. Collier County was always a decent place to live, and it is still yet -- yet, but when we -- when I see places like Osprey Landing and Headowood being built out of plywood and junk, and when I realized that when the federal government was involved in affordable housing they built red brick buildings and now they're dynamiting to get rid of them, it really disturbs me, because what you're building is a bunch of shacks. You're building submodel buildings, and you set -- you claim you're doing something to the county. We're degrading this county with -- by building this type of stuff. If we can't build decent stuff and make it affordable, then we shouldn't even attempt to build affordable housing. Basically there's only one way to build an affordable house; go out and buy a lot like I did and build it yourself. Then you build it for 50 percent of the cost. And most of these contractors like Osprey Landing and Headowood, the original construction companies made a fortune on that. That's what they did with most affordable housing over the last 60 years. They make a fortune and walk out. And then what happens is you get a bunch of slum -- slum developments, and you have slumlords. Let's not get Collier County into the position where we've 17, 18 units to the acre. We should confine ourself to four units to the acre if we want to keep the standard of living the way it should be. Thank you. CHAIRPERSON MATTHEWS: Mr. Hihalic. MR. HIHALIC: I'd just like to make a correction to what -- Mr. Keller, Headowood is not an affordable housing community. MR. KELLER: It's a dump hill. MR. HIHALIC: A dump market-rate community, but it's not affordable housing. We also should understand that affordable housing is built with all the regulations of Collier County, all the building standards of Collier County. CHAIRPERSON MATTHEWS: Thank you. COHMISSIONER CONSTANTINE: Motion to approve Mr. Keller's definition of Headowood. All right. I withdraw the motion. CHAIRPERSON MATTHEWS: Thank you. COHMISSIONER HANCOCK: So we will look for next time we have a Tuesday agenda similar to this one; we get to spend the afternoon -- I would just say spend a couple of hours -- let's say minimum time necessary to just really have, I guess, a broad-based discussion on what incentives can be made to get where we want to go. And I'd like to find out -- we set a goal in our Growth Management Plan. When we get there, hey, we're there so -- COHMISSIONER MAC'KIE: Let's talk about that. COHMISSIONER HANCOCK: -- how far along are we? CHAIRPERSON MATTHEWS: I don't think we'll ever get there. MR. HIHALIC: Our Growth Management Plan says we have to provide affordable housing for all the low and moderate income residents who are here right now and will be here in the future. COHMISSIONER MAC'KIE: And, Greg, if you had to say sort of where we are, could you tell us what percentage of that goal we might have reached with our present incentives? MR. HIHALIC: We're making tremendous progress. In the 1990 census 10,500 families were living in affordable housing. MR. HANCOCK: And that's my point, is we're seeing a proliferation of these requests. I just want to know where it is we're trying to get to and how we're making progress on it, because there's -- obviously we could go to the end of time doing affordable and -- MR. HIHALIC: We will. CHAIRPERSON MATTHEWS: We will. We probably will, unfortunately. I -- the recommendation is that we have a workshop discussion of all the affordable housing programs and -- and regulations that do exist and see if we can't put together a program that will accomplish more of what we are trying to do. And, Mr. Dotrill, I hope you'll have that early in the new year. Okay? MR. HIHALIC: Thank you. CHAIRPERSON MATTHEWS: Anything else? Anything further? Thank you. Item #8E2 DISCUSSION OF THE SHERIFF'S HSTU - COUNTY ATTORNEY TO PROCEED AS ORIGINALLY DIRECTED AND STAY ON SCHEDULE, BUT TO ALLOW FOR A TWO YEAR SUNSET AUTOMATICALLY We'll move on now to item 8(E)(2). This is a discussion of the sheriff's MSTU. MR. DORRILL: This is an item that I had asked to be added to today's agenda. The board has previously instructed the staff to prepare a countywide MSTU for the purposes of budgeting and showing separate the millage necessary on the sheriff's budget. I might add that we found a typo on our handouts. I'm having it revised, and it should be up here any second, and we'll pass it out so that there will be no confusion on the handout. Mr. Weigel has currently advertised your review of the countywide HSTU that would be at your meeting of the 19th of December. The City of Everglades will take action on a different version of that ordinance at their first hearing this evening. And it's my understanding that the city's scheduled for their first hearing tomorrow as a result of a workshop discussion that they had yesterday. My reason for bringing it on the agenda today is that the city's proposal in terms of the amendments that they would like to see to the ordinance is sharply different from, I believe, the intent that you had. And I felt best to bring that to your attention, asked them to be here to explain their rationale, because if they approve one version of an ordinance and you approve a separate version of the ordinance, then we would not have accomplished anything by the necessary end-of-the-year deadline in order to create either a countywide single district for law enforcement or some combination of two districts. So that, you know, you currently split your funding of the sheriff's budget in two different funds; the general fund, which is countywide, pays 38 million dollars, thereabouts, to the sheriff's 45 million dollar budget. And the other 7 million is currently in the unincorporated area fund, which obviously is for those residents who do not live in either one of the two cities. That was established as a result of a settlement in a lawsuit that went back to 1979 and 1980 where the city and the county agreed to have a one-year HSTU split between the two in order to settle that lawsuit. It was for only one year, but since that time as part of the settlement the county agreed to annually review and use its best efforts to recognize that the city does not lay claim to an ongoing double taxation claim against the county. So we currently fund the sheriff's budget from those two separate sources. At this point the only items in the unincorporated budget as they pertain to that old lawsuit are the sheriff's road patrol activities in Immokalee and Everglades City and the support of those. Obviously they have a certain amount of administrative cost, substation cost and the like, and also a portion, I believe -- and I'll need to verify this -- of your community park program in Immokalee, but aside from -- from that, all of the other county's costs as they pertain to the sheriff. The sheriff breaks his budget down into several areas. He has administration. He has what he calls road patrol. In addition, as part of that in expanded, includes operations. There's a separate line item for corrections in the budget that from my perspective is a countywide or equal benefit and also judicial, which is his required support and security in bailiffs within the courtrooms at the courthouse. And the sheriff's budget is broken down into those major cost centers as part of his separate fund. The main issues -- I've had a chance since last Friday to review the city's proposed amendments, and I'll go through these. I do see that the city manager is here as well as the sheriff, and I'm going to ask them to participate in this. Essentially what the city manager is proposing and was discussed at their workshop yesterday is that we would determine 1995 to be the base year for the sheriff's budget. And any increases in cost to the sheriff's budget that we define here for your purposes as expanded service requests would have to go into the unincorporated area fund. The city would like to still see two separate funds, one countywide and one unincorporated. Well, I think that's as easy as I can explain that. The way we define expanded services can most easily be shown as an example. In this year's budget the sheriff asked for 28 new deputies that has been much discussed. Under the city's proposal those 28 new deputies would have to be in the unincorporated area fund. City residents would not pay into or support that. I think that is -- is perhaps a major distinction over what you had -- had anticipated. Another distinction is the city is proposing that -- and under the statute there needs to be a separate governing board, because we're joint venturing, if you will, between the city's and the county's. So this is more than an advisory board. This is a governing board. The city is proposing that in addition to five county commissioners, that there would be four city council representatives, three from the city and one from the City of Everglades, and there is some rationale for that. The concern, frankly, being, though, that the balance of power on the governing board is not commensurate with the taxes paid. In 1980 as part of the settlement agreement, the City of Naples at that time was paying approximately 34 percent of total taxes paid in our community. In 1995 that has dropped to about 24 percent. And increasingly as we see growth in the unincorporated area, the city's total share of taxes paid is going to diminish over time. But, again, there is a distinction that I at least wanted to make you aware of. There are some items in Section 5 and 6 that, frankly, need to be explored a little further with staff, and Dr. Woodruff and I have not had an opportunity to do that. But they are referencing -- and the term that they use is a millage offset as established and defined by the 1980 agreement. And so that they're not misunderstanding it, it would behoove me to have a better understanding of that. The sheriff, in addition, has given us some comments as to how he would like to see the MSTU developed as they pertain to other revenues. And specifically if you begin to try and prorate for 1995 being a base year between other nonproperty tax revenues that are currently in the general fund -- I mentioned a couple of those to you before; state revenue sharing, fines and forfeitures and the like -- you wouldn't have accomplished much, because you're going to be allowing the sheriff the same access to revenues that you need in your general fund. And I had preached to the board long enough about the general fund issues, and I'm not -- I won't belabor that today. So to set this item up -- and because the two cities are scheduled to go to hearing on an ordinance that has substantial changes to it, I thought it would be best to discuss this today to see if you're willing to support their ordinance amendments with the level of changes that they have as a courtesy to them, because if you're not, then they won't need to take this under emergency hearing in the case of Everglades this evening and then the city tomorrow. COMMISSIONER MAC'KIE: Madam Chairman. CHAIRPERSON MATTHEWS: I have one question before we get going. You gave us some percentages early on of the percentage of the sheriff's budget from the general fund and the percentage from the unincorporated area fund. Can you give those to me again? MR. DORRILL: I didn't give you any percentages. I gave you actual dollar amounts. The current year's adopted budget has about 38.5 million dollars from the general fund. CHAIRPERSON MATTHEWS: Okay. MR. DORRILL: And then approximately 6.5 from the unincorporated area fund. CHAIRPERSON MATTHEWS: Okay. Thank you. Commissioner Hac'Kie. COHMISSIONER MAC'KIE: I'd just like -- I'm sorry. Did you say Hac'Kie? CHAIRPERSON MATTHEWS: Uh-huh. COHMISSIONER MAC'KIE: I just would like to ask the county attorney to lay out sort of a fundamental basis so that we know what our parameters are here. Can the county commission say thank you very much, city council, we don't like what you proposed, and we reject it, and that's the end of the discussion? What exactly is -- what can we do? Are we required to have two resolutions -- two separate ordinances? What are the parameters here? Can we tell them to go away, we don't like your idea, and that's the end of the discussion, or do they have some more significant influence than that? MR. WEIGEL: Thank you, Commissioner. The -- the authority for the Board of County Commissioners of a county to provide or create a municipal service taxing service units that include municipalities within the county derive from Section 125.01 of the Florida Statutes known as the powers and duties statutes for boards of county commissioners. It specifically provides that the county has the ability to create ordinances for HSTUs that include municipalities, but it also provides that the municipalities that are to be included within the boundaries of such HSTU must by ordinance approve being included. In fact, it also specifically states that such approval shall be for a term of years or provide some specific amount of time that their approval is to be accounted for. Beyond that there is nothing further that's required. The approvals that comes from the cities that are prospectively to be included in such an HSTU may not necessarily have to have any further provisos or requirements upon the county but merely the -- the endorsement of the HSTU concept including the cities. It also provides -- another section of that statute, 125.01, provides that the Board of County Commissioners may include members of the municipality governing bodies in the governing body of the HSTUs. It's a discretionary ability of the county to so choose. The linkage, though, that appears to occur is that the endorsement of the cities may have provisos such as indicating that they not merely desire, but that their -- that their approval of such HSTU concept to include the city would require representation on the governing body. Please note that the governing body of the HSTU essentially is no different -- of this kind of HSTU is not necessarily different from the governing body of any other HSTU, and that is the Board of County Commissioners. And then the Board of County Commissioners in this context -- because of the budgetary considerations of this HSTU sitting as the Board of County Commissioners ultimately would review the recommendations of the governing body of the HSTU in the annual budgetary process. I've expanded on your question a little bit. But I hope I've answered it directly. COMMISSIONER MAC'KIE: I appreciate what you've told us, but sort of fundamentally what I'm hearing is -- well, now let me back up and ask you another question. Is it possible to -- to incorporate this concept that Commissioner Norris brought forward without two separate ordinances? Is it possible to do this without -- I don't question for a second -- I'm confident that we're going to be able to reach consensus between the county commission and the city council. But in the event that were impossible, what does that do to the concept of MSTU for law enforcement countywide? MR. WEIGEL: The concept of the MSTU in part, I believe, derives from a desire to distinguish the -- the budgetary requirements, therefore, the millage and the -- and the tax -- COMMISSIONER MAC'KIE: I'm sorry to interrupt. Let me ask you this more directly. MR. WEIGEL: Okay. COMMISSIONER MAC'KIE: If the city says we're not going to agree to come in without A, B, C, and D, can we do this anyway, or does that kill the concept of MSTU for law enforcement? MR. DORRILL: No, it would kill it because -- COMMISSIONER MAC'KIE: That's what I -- MR. DORRILL: -- the city's concept effectively rules here, because you cannot dictate required participation in the MSTU under your terms. COMMISSIONER MAC'KIE: That's what I was really just trying to fundamentally get to. COMMISSIONER NORRIS: Before we go too much farther in this discussion, let me just point out that it seems to be getting a lot more complicated than anyone had envisioned. My whole purpose in bringing this forward was simply from an accounting perspective to be able to separate the sheriff's budget from the county commission budget and let it become more visible, and result at no time did I ever anticipate changing funding sources, changing funding proportions or splits or changing the budgetary authority from one body to another. It was just simply an accounting change. And if we're going to go a lot farther than that, I'm not sure that I'm going to support it either. You know, I would like to see us just go right back to what was originally proposed, and that was just separate it out so that we can see it clearly, no other changes. CHAIRPERSON MATTHEWS: I had the impression that we were merely looking for accountability. COMMISSIONER NORRIS: That's right. CHAIRPERSON MATTHEWS: And, gees, the world of unintended effect and result. Commissioner Hancock. COMMISSIONER HANCOCK: Clearly the alternative is -- and what I see here is almost a request from the city to be somewhat retroactive, to go back and say, well, this is a part of the approved budget we don't like and we want to pull that out. I don't argue that. I mean, I think sitting in their shoes of fiscal responsibility, when they see an area in which they can save their taxpayers some money to pursue it, I don't take issue with that at all. But, likewise, I thought we were taking one thing on the tax bill, and we're making two lines out of it that add up to the same amount. I mean, in a nutshell that's what we were trying to do. And what this effectively will do -- if we add every facet of what has already been raised today, this will effectively kill it. And we'll go back to doing things the way we've done them, you know, for decades, and no one gets anything out of the deal. There is no increase in the public's ability to determine what the sheriff's budget is year to year as opposed to the BCC budget, and the city continues paying as they have. So I think that being the other side of the coin, this -- this could easily be simplified to be simply an item on a tax bill as opposed to some whole new structure of quasi-government which is where this seems to be leading. COHMISSIONER HAC'KIE: Can I just make one last -- CHAIRPERSON MATTHEWS: Yeah, because I'd like to hear from Dr. Woodward. COHMISSIONER MAC'KIE: I would too. I have to just say, though, that I agree with everything you said. However -- COHMISSIONER HANCOCK: Why did I know there was a "however" there? COHMISSIONER MAC'KIE: However, if you look at -- you can see how the City of Naples can't resist the opportunity to make this point, that 24 percent of the sheriff's budget is paid for by City of Naples residents who also pay for a separate police department. So I -- I, you know, acknowledge that we tried to do something simple but also that this is an opportunity to make that point, and that will make it better -- COHMISSIONER HANCOCK: Unfortunately I can make the same point with Pelican Bay and Vanderbilt Beach and -- COHMISSIONER NORRIS: Marco Island. COHMISSIONER HANCOCK: -- Marco Island. Yeah, tax equity is sometimes not -- is not a real easy -- COHMISSIONER NORRIS: Life's tough. Deal with it. CHAIRPERSON MATTHEWS: Why don't we hear from Dr. Woodward (sic) and get some of the city's opinions or the mayor. MR. DORRILL: Is there -- as they're coming forward at least provide a little levity because -- I should say that Richard was extremely cooperative. I've actually went downtown yesterday to talk to him about it. But I was trying to research this because this goes back about 16 years. In looking at all the records, I couldn't help but find -- I wanted to share with you that as part of the settlement of the lawsuit -- it appears that Gil Wyle actually sued the county as a taxpayer suit. We agreed to pay all of the attorney's fees associated with the suit, which at that time in 1979 and 1980 for two years were $2,000 in attorney's fees. And I believe now that's what they pay for their suits as we're about 16 years down the road. CHAIRPERSON MATTHEWS: Gone are those days. COHMISSIONER MAC'KIE: Life has gotten better. CHAIRPERSON MATTHEWS: For who? MAYOR HUENZER: I think the $2,000 suit was from the bargain rack. CHAIRPERSON MATTHEWS: Dr. Woodward, I would like to apologize. Your name is not Woodward; it is Woodruff. DR. WOODRUFF: I know some fine Woodwards, so I don't take offense to that. MAYOR HUENZER: No, but they may take offense with you. Put that in there. CHAIRPERSON MATTHEWS: Do you want to get this started? MAYOR HUENZER: Good morning, ladies and gentlemen. We appreciate the opportunity to come out and join you in discussion on this particular item. It's something that came about very quickly. We just really got into it last week, and I apologize that we weren't able to talk to you as individuals or, most particular, the fact our own city representative here, because before Richard or I could begin to talk to you, we had to talk to council, and we couldn't do that before yesterday morning's workshop. So we were kind of flying by in which Richard was trying to talk to some and get some input, at the same time bringing together a little bit of a packet for us to work on yesterday. And so it wasn't until late yesterday morning, early afternoon we brought it to closure, so the best thing is to come out and let you know where we are. One of the things that we picked out the October 1st as a freeze point. That -- and Richard will discuss these items later. That is a known. We know what's the manpower of the sheriff's department as you finish the budget year. It's a known. It's your known factor. We felt there had to be a known thing that we were considering discussing or adopting, and that was a known thing. You have so much budgeted; that's the beginning point. That's why we picked October 1. The idea of a 5-3-1 nine-person board, that was part of your packet, that there be an oversight board similar, as we interpret it, to what you have in the HPO. And with the commission being five members, you would not want to go beyond nine for a number on the board. You'd want to retain the control with five members. The city is currently 27 percent -- or 12 percent of the population we know, and that doesn't mean three members. However, you've only got two cities at the present time, Everglades and the City of Naples. Everglades needs one regardless of percentage. Normally we'd say, okay, rounding off or such the city might then have two. But with anticipation -- and you're looking ahead in anticipation there may be potential other cities we felt to go ahead and say a 5-3-1 with the understanding as other cities were created our three would diminish and drop off until we got into a rounding as to what we had or what the other cities were, depending on their size. So we just threw out the nine-member advisory board similar to HPO. That was the reason for the magic number nine, making sure that you kept the control. Or you could do it if you wish and round it and do a 5-2-1 and hold one seat in abeyance for the future and only have an eight-member board. So that's not a rigid thing. We only tried to put that out as just to be flexible, build in for the nine and allow it to be there so you didn't have to go through paperwork later to create the other. The city is interested in working with this, and, John, we appreciate your -- your interest and your accountability. As you said this is what you're looking for. And we, too, are looking for a degree of accountability. Just a few things, we heard a gentleman earlier today from Marco putting statistics out on Marco Island. I happened to catch that while I was in the office. And just a few things, again, to show you why the city is interested in accountability, and then I'm going to turn it over to Dr. Woodruff for more in-depth discussion. We make up about 12-and-some-fraction percent of the population of Collier County. Yet we currently are putting 27 percent of the sheriff's ad valorem money into the budget. That's not 27 percent of his total budget, because some of his budget comes from other sources, from state and federal. But of the ad valorem source, approximately 27 percent comes from the City of Naples with 12 percent of the population. And just to put it in perspect (sic), that's around 9 million dollars that we are paying into the sheriff's budget from the city ad valorem money. Our own fire and police budget that takes care of all of our public safety -- fire and police is right around 5 million, 5-plus-just-a-fraction dollars. So to put it in perspective, we're putting 9 million into the sheriff's budget, and we get some services. We're not quibbling. We've had good services. We have no problem with what we're currently paying for. We have no problem to continue paying for it and their salary increases. But our concern is the fact of a freeze on manpower as the rest of the county grows and as more demands grow, we feel that those areas of growth should by HSTU take and pay for it and support it. And Richard will go ahead and present more. But we're not talking -- quibbling -- I'm talking of fixed dollars on October 1st. We're talking on personnel figures as of October 1st. That's what we're talking about. Whatever those numbers are as they get pay raises in the future, we'll pay the pay raises. We'll pay the medical. We'll pay those supplements. But we're talking of a manpower freeze as a beginning point so we have something to talk about and you have something. There has to be a beginning point before you can have discussion or you can have an awareness. We had to have a beginning point to talk to council yesterday, and that was our beginning point, October 1 manpower. That way they had numbers. You budget it. The numbers are written in the tablet how much is budgeted for. We had numbers to talk to council. So with that I'll turn it over to Dr. Woodruff to go ahead and present some more, and then we'll be available for whatever questions you have. I just want to again say thank you for including us in your discussion. I think that this makes me feel good, because in the past previous years leading up to the last few, we didn't have much discussion. We used to have more harangue and less discussion between the commission and council. And I do feel that this is one of the things -- I'm ready to step down, and it's one of the things that I can say I take great satisfaction in is the new way that we seem to work and discuss amicably to everybody's advantage and are open minded. I think this is another example that -- that some in the past is behind us and let's never look back. Let's just keep looking ahead and continue. I want to thank you for this, and, Richard, would you take it from there. DR. WOODRUFF: Good morning. Happy holidays to you all. I'd like to recognize that another city council member is with us this morning, Fred Terrant. I'm not sure that any of the other council members have joined us. Hr. Terrant is here, and I was looking for other council members. HAYOR HUENZER: I'm not sure. I don't think there's anyone else. DR. WOODRUFF: On November 15th the city council or the city manager's office received a letter from David Weigel. And the letter stated in the beginning paragraph that the Board of County Commissioners on November 7, 1995, directed the county attorney's office to prepare two ordinances, one for the unincorporated area and one countywide to create municipal service taxing units to fund the sheriff's budget. Later in that letter it asked that we could have -- for us to have our comments back by the 22nd of November. Unfortunately, we were not able to do that, because the city attorney was out of town and some other things. But we were able to get to Mr. Weigel our comments, I believe, about this time last week. So we do appreciate the opportunity to participate in this. As Mr. Weigel has mentioned to you, Florida Statute 125 is from where the creation power comes. An HSTU can only be created by the governing body, and Section 125 gives you as the county commission the authority to create HSTUs for a variety of things. There's a litany. One of the enumerated items there is law enforcement. Now, when it comes to the law, as Mr. Weigel has stated, is that you can create an unincorporated HSTU simply by the act of the Board of County Commissioners. You do not have to get anyone's concurrence. In this case if you want to create an unincorporated HSTU that addresses the sheriff, you don't have to get Don Hunter's approval. You don't have to get the city's approval. You don't have to get Everglades City's approval. You have that power. On the other hand, if you are going to create a countywide HSTU for any purpose, be it landscaping as Neil and I have talked, or law enforcement as we're dealing with this morning, then that must have the concurrence of all of the governing bodies, meaning, you, the Board of County Commissioners, the City of Everglades, and the City of Naples. The state law lays out other things having to do with that. Mr. Weigel can certainly give you the briefing on that. One of the points that is in the law has to do with the governing body, and he mentioned that as he gave you the briefing this morning, is that there is the ability to either have the Board of County Commissioners be the governing body or for municipal representation to occur on that governing body. I'm certainly not going to try to give you an education in government. That would be inappropriate and very unnecessary. But I think one of the things that you should know as I have discussed with city council members, they feel that they should have representation relative to the adoption of the sheriff's budget. The sheriff does tax through you all of the citizens of Collier County, all of the taxpayers of Collier County. And, therefore, for you as the county commission to have to judge that tax puts you in an awkward position. Certainly Ms. Hac'Kie is voted on by people inside the city, and each of you are voted on by people who live in your specific districts. But the city council -- as we looked at this, we see an advantage by expanding the membership simply because what it then does is it gives Everglades City, the City of Naples, and the five members of the board of county commissioners the ability to approve and, yes, take the heat for tax increases or be responsible for denial of services that the sheriff wants. I mean, let's say for discussion purposes right now that in the budget process the sheriff asked for 28 deputies. You are the folks who have to take the heat for saying yes or saying no. The city council feels that since those 28 deputies are at the present time part of an overall budget scheme that includes tax dollars from the city, that they should be part of the approval process. As we know from the way this is set up, no one group here can dictate to the others. City council cannot dictate to you. Likewise, you cannot dictate to Everglades City or Everglades City dictating to us. We think that this is a very major step forward. Now, Neil mentioned the settlement that came out of the 1979-'80 lawsuits. It's very interesting, but if you go back and look at both consultant studies -- and you were not here at that time, but the consultant studies both said, the one hired by the county and the one hired by the city -- the consultant studies recommended the same thing, and that is that the sheriff's budget should become funded through MSTUs. Now, we are some 15 years down the road, and Commissioner Norris has rejuvenated that idea. Now, it's certainly -- the issue of tax equity comes in here. But I want to explain to you why the city proposal is written the way that it is. If you will look at the bottom of page 1 and if you will look at the definition of base level of law enforcement, what we are saying here is that that should be the level of service provided through the budget which you adopted and went into effect October 1st. Now, Commissioner Hancock, you mentioned that the city was trying to make something retroactive. That was never our intent. And if there's wording in here that leads to that assumption, then we need to change that wording. What we are really saying here is that you all have an adopted budget. We are in the middle of a budget year. We are not going to look backwards and try to say should 40 percent of this component of the sheriff's budget be part of this, should 80 percent be part of this. What we're saying is that the budget that you as the Board of County Commissioners approved that went into effect October 1st, that budget had a plan to it. I don't know what the plan was, so I'm just going to make up some fictitious numbers. Let's say that budget called for 700 employees in the sheriff's area. Let's say it called for 300 vehicles and 6 facilities. What we're saying is that will become the base. Next year when the sheriff brings his budget in in June and July and you go through your hearings and the sheriff says, in addition to those 700 people, I now need 28 more deputies. What we're -- in our proposal what we're saying is those 28 deputies will go on the unincorporated MSTU. COMMISSIONER HANCOCK: Dr. Woodruff, you may have just clarified something for me. And real quickly I need to interject here. I thought I understood from Mayor Muenzer that the city was asking to go back to the past -- the last final year as it was completed and use that as a base. DR. WOODRUFF: No. What the -- reading the definition again, the base level of law enforcement shall mean the level of service provided through the FY '95-'96 budget as adopted by the Board of County Commissioners and shall specifically reflect the exact level of personnel, facilities, and equipment -- COMMISSIONER HANCOCK: Okay. That -- that conflicts -- and I'm sorry. I have read that, but that conflicts with the statement that the 28 deputies which is a reference to the current fiscal year. DR. WOODRUFF: Well, once again, you have to remember since we have not been part of the adoption process of the county budget, we really don't know how many deputies are in the sheriff's budget. So let's use that as an example. When you approved the sheriff's budget and it went into effect October 1, it had in it X number of employees. And let's say for discussion purposes that that number was 700. And let's say for discussion purposes that part of that 700 was a plan to add 28 new deputies. If that's what you all adopted, that's what becomes the base. COMMISSIONER HANCOCK: Thank you. DR. WOODRUFF: But let me change my number so we don't get caught up in numbers. This coming summer Don Hunter will come back with an additional budget. And let's say for discussion purposes in that budget he wants 60 or 1 -- 60 more sheriff's deputies. And you're going to have to look at how do you fund that. That is an enhancement to this year's budget. You're going to have to decide, well, Sheriff, do you cut this or do we add taxes, or is there enough new revenue? Obviously you'll do what you do with any budgetary request. You'll wrestle with its merits versus scarce revenue. what we are saying here is whatever is in this year's budget. The city council, as I met with them individually -- and I had the opportunity to meet with all seven of them individually. As we wrestled with this, there was certainly thought by council members to try to go backward in time. And they all agreed that by going backward in time, it would put you as a county commission at a very awkward, and to be quite frank with you, politically unacceptable disadvantage. You can't create a solution to any inequities of the past, and that's not what this is intended to do. What it's intended to do is to say, folks, for better or for worse whatever inequities exist we will freeze. We'll accept them. You know, the present ground rules -- we're not going to put you all at a disadvantage by creating that suddenly immediately you have to find 5 million dollars. What we're saying here is let's freeze the picture. Everyone will accept it as it is. The sheriff will accept it, the county commission, the city, City of Everglades, will simply accept it as it is. Then for the future as the sheriff needs three new substations, as the sheriff needs, you know, 60 more people, that will be decided by you as the county commission sitting as the governing body for the unincorporated HSTU. Now, let me go back and clarify something. The base level has people in it, such as my good friend here who is a -- I'm surprised to see him sitting here today, because usually I see him at Naples High School. I'm still a student there. That's my story, and I'm sticking to it. He is in this base level budget. What we are not saying is that his salary is frozen. We recognize that this coming year there is going to be a cost-of-living increase passed along to every one of the sheriff's deputies, as it will to all other employees of the county government, whatever is -- is appropriate. What we're saying is those costs that are associated with the present manpower, equipment, and facilities will continue to be funded. So let me just use that as an example. Let's say for discussion purposes you have -- that what you have is a sheriff's deputy that's making $30,000. As his salary grows to 32,000, 36,000 and eventually 38,000, that will be part of this base budget. What will not be part of the base budget is when the sheriff needs 60 more people and 60 more patrol cars and 5 more facilities. I mean, that's really the heart of the city's proposal. When you look at the rest of the ordinance, what you will find are things that simply reflect in specific points the definition of a base level of law enforcement. CHAIRPERSON MATTHEWS: I think Commissioner Constantine has some questions. COHMISSIONER CONSTANTINE: First, I got to agree with Commissioner Norris. I feel like we're getting a little adrift of the original intent. I think we were just trying to do an accounting mechanism and have gotten into a whole different ball game. The mayor indicated that there was at one point, and then he used a different statistic later, but he indicated at one point the city had 20 percent of the population of Collier County. DR. WOODRUFF: Actually it's 12.6 percent. We had a baby this morning, so it's on the rise. COHMISSIONER CONSTANTINE: It was later indicated 12, and I think that's more accurate. HAYOR HUENZER: Yeah, I thought I said 12, didn't I? COHMISSIONER CONSTANTINE: My point, though, is both -- following that both the mayor and the manager said they wanted representation in determining the sheriff's budget, and I would say you have representation. You have a person who is elected primarily from the City of Naples. And even if it was 20 percent and it -- and we've determined it's 12. But even if it was 20 percent, by having one of the five commissioners, you have 20 percent of the voice in determining the sheriff's budget. What I had trouble with -- and I broke it down population-wise, and these numbers may be not be exact, but they're approximate. The City of Naples has what, twenty-two or twenty-three thousand people? DR. WOODRUFF: Yeah, it's right at 20,000. COHMISSIONER CONSTANTINE: 20,000 people. And City of Everglades has 750 or 800 people. And the remainder of Collier County has something like 175,000 people. I think we're supposed to go over 200,000 in the upcoming year. And so I looked, and including your representative on the board then, for 20,000 people in this scenario you would have four representatives on the governing board, the three city counselors and your elected commissioner. For 750 people you'd have one representative out of Everglades and for the entire rest of the county, 175,000, you'd have four people. So it -- I'm not sure I understand from where -- HAYOR HUENZER: Isn't this following somewhat the HPO breakdown that each city -- Everglades City has representation, and you have five, and the city three. As I said before, our three new, and we were not reflecting percentage population. We're on the building end of -- COHMISSIONER CONSTANTINE: The HPO has two from the City of Naples. CHAIRPERSON MATTHEWS: And none from Everglades City, none from Everglades. DR. WOODRUFF: Well, the reason -- first of all, since I was the one that came up with the -- COHMISSIONER CONSTANTINE: That's what I was going to ask. DR. WOODRUFF: Let me explain to you from whence that comes. It was my assumption that you would not want to have less than all five members of the county commission vote and be on that, because that's what you're presently doing. I mean, I tried to put myself in your place and to say, okay, if I'm Commissioner Hancock, although I'm not as handsome as he is -- I am as young as he is. And that's my story. COHMISSIONER HANCOCK: But you are smooth, Dr. Woodruff. COHMISSIONER HAC'KIE: Almost as smooth as he is. DR. WOODRUFF: I would not want to take one of the five of you and remove you from that board. But the law says that there has to be representation on the governing body, that there may be representation on the -- on the governing body. So then I looked at the issue, well, Everglades City should have representation. If you're going to set this up, they should have representation. It's the same as, you know, with the congress of the United States. It doesn't really matter how big the population is or how small the population, every state has representation. So I saw Everglades City having a representative on there. I then looked at the percent that the city actually contributes from a population standpoint. And you're certainly correct. We're 12.6 percent of the population. It would be nice if we were only 12.6 percent of the assessed value, but we're not. You know, we are still 26 -- we are 4.2 billion dollars of assessment in a county that continues to grow. And, therefore, Mr. Dotrill is correct when Neil says that every year our percent of that value will continue to decrease. Today, though, we are still a significant contribution in that one out of every four dollars that comes to you as the county government and one out of every four dollars that comes to the sheriff comes from within the corporate limits of the city. Now, putting those together, that's where the number three came from. I don't think that the city council is hard and firm on that issue. I think one of the important things is to create a dialog, but as David Weigel has mentioned to me, we're on a very short time line. COHMISSIONER CONSTANTINE: I need -- and I appreciate the answer. But I need to reiterate my support for Commissioner Norris's position that this is strictly to be done in an accounting fashion. But just to follow up on a point, the -- true -- and I don't want to get off on a tax equity argument. If it's one and four, the formula still leaves almost half of the board from the city because you have one commissioner and three counselors. So the one-and-four argument still does not satisfy my question. COHMISSIONER HAC'KIE: I just have to jump in there and say that I do have more. I mean, certainly I represent the city, but don't count me as just a representative of the city. COHMISSIONER CONSTANTINE: No. But by the same token Commissioner Matthews -- you said Everglades City should have representation, and they do via Commissioner Matthews. And you certainly have more than just Everglades City. But I think that's your right, that every area regardless of how small has to have representation, but it's also true that via this board literally everyone in the county has some representation. DR. WOODRUFF: Well, that's certainly a correct statement. And I will go back to tell you that, remember, it's kind of like a person. You shouldn't reject a person simply because they don't have nice fingers. Fingers are part of the overall body. Now, if the Board of County Commissioners likes the concept in parts, we need to know what parts you like. You know, you all asked us for our input, and what we've done is we've given you back our input. But this is a negotiation. We can't dictate to you, and you can't dictate to us. And if what you're really saying is as you've had, you know, very eloquently stated, Pam Hac'Kie represents the city, Bettye Matthews represents Everglades, maybe the elected officials in Everglades and the elected officials that I work for, maybe they will change their position. And I think that there's some things here that I call Jello, and I think there's some things here that I call concrete. And if you're not used to those terms, Jello, it shakes. It has a form. If you don't like it, you heat it up. It melts down. You can reformulate it. Concrete are things that are bottom lines. And I think that the bottom line from the city's position is one that says that we would not have a HSTU countywide that does not have in it a base level budget. COHMISSIONER NORRIS: That's concrete? DR. WOODRUFF: I can't speak for the council. That, I believe, is concrete from my conversations with them. But, on the other hand, I think what you need to do is you need to establish your positions. If we need to have a quick joint meeting, or if you just simply want to give us things to take back to our elected officials, we'll -- we'll be happy to do that. COMMISSIONER NORRIS: Well, let me see if I can state my position for you. It -- COMMISSIONER MAC'KIE: I expect it has some steel or iron or something -- what's stronger than concrete? CHAIRPERSON MATTHEWS: Rebar. COMMISSIONER MAC'KIE: The rebar. CHAIRPERSON MATTHEWS: The rebar. COMMISSIONER NORRIS: Titanium Beryllium alloy. It applies partly to the governing board discussion, which is, you know -- can be ironed out, and that's not a concrete item. As you mentioned, that can be ironed out. But the principle is the same. On the baseline portion of it, what you -- the city is really asking the county commission to do is to go along with granting the City of Naples budgetary oversight and authority that they are not otherwise constitutionally allowed to have. The constitutional budgetary authority for the constitutional officers is reserved for the county commission. And by putting in the ordinance the baseline discussion that you have you have -- enacting that ordinance would, in fact, grant the city defacto budgetary authority. And, of course, our -- my position is at this point I wouldn't be able to support that. DR. WOODRUFF: Well, I'm sorry that you feel that way, because I would once again say to you I don't think that we would be taking that authority away if we were not part of your governing body. The reason why we're part of the governing body in our proposal is because the state law says that we have that ability to ask. And I think you can appreciate for us to be before you this morning and not asking for that would not be due diligence on our part. COMMISSIONER CONSTANTINE: Dr. Woodruff, we just talked about the representation, each person on this board representing a certain segment. One of the things we've done this year is have a liaison to communicate clearly between -- in this case Commissioner Mac'Kie with the city or Commissioner Hancock with the school board. And I would think that there might be an appropriate way to use that mechanism so that the city's voice is still clearly heard on budgetary issues without necessarily adding the bureaucracy of a governing body, but still get -- if there are particular issues, still bring those through the representative to the board and have those heard. I don't know if there's any interest in that. DR. WOODRUFF: We will find tomorrow the interest, because this is scheduled on our agenda. What we can certainly do -- I know that at least three of the council members told me that they would be unavailable to be here personally but they would be watching this on television. So for those I would say, hello bosses, it's nice to have you with us this way. But we will discuss this tomorrow, and we will find out how firm they are on which sections of this. CHAIRPERSON MATTHEWS: Commissioner Hancock, get you in now. CONNISSIONER HANCOCK: That's okay. Regarding a board makeup or a board at all, I find it -- it curious with the exception of a phone call from Councilman Terrant during the budgeting process that as we reviewed the sheriff's budget -- and I don't know -- I can't speak for the rest of the board, but I know here in presence we had no one from the city council to discuss the budget, to discuss whether they felt it was appropriate or inappropriate. I think that was left to Commissioner Mac'Kie to represent those interests. So as we actually physically discuss the -- the sheriff's budget, there were no council members present in these chambers to express opinions or feelings or ideas on the budget. Now that we have -- that Commissioner Norris has gotten the ball rolling in an attempt to simply administratively pull that amount out and separate it for identification purposes, the need for additional review comes up or an additional level of review through an HSTU board consisting of members from the city council. And I find an inconsistency there in past participation when, in fact, you were being taxed and any increases in the sheriff's budget fell upon the city. And I can't speak for the conversation between Commissioner Hac'Kie and the city council. It may be very well and the representation was there, and I'll have to leave that to your explanation if that's the case. But I find that difference to be unique that now that the opportunity is there to create a greater voice, that you're using the vehicle. And I don't -- I don't -- I don't resent that at all, because if I were in your shoes -- again, if it were reversing, I would do the same thing. But I find that inconsistency to be unique. The second element that I think is -- we're losing here is that if we establish a base level and say that any personnel beyond that will be borne by the unincorporated part of the county solely, what we are saying then is that -- that crime knows boundaries, that crime knows that by stepping on one side of the street or the other side of the street you're in the city or the county. If we have pockets within the county that fester and become crime ports, if you will, that is going to have an overlapping effect into the city. Crime is directly related to it's socioeconomic factors. And if areas become depressed, you tend to see more crime in them. And that crime doesn't know those physical boundaries. It spreads beyond that. It's as if to say if the city let a crime wave run out of control and its police did not address the issue that the county would be unaffected. And I don't think we could make that statement. So, again, in theory the idea of establishing a base level sounds good on the surface, but what it almost tends to ignore is the fact that -- that impacts in the county, if not addressed properly by the sheriff, will spill into the city. So there is an indirect link, I think, between enforcement ability and patrol ability in the county and its impact upon city residents. I don't think the two are mutually exclusive. So beyond Commissioner Norris's constitutional problem, the physical problem of whether or not that constitutionally can happen, I do have to a base theory problem that, you know, that -- that almost saying any additional patrol in the county has no effect on the city. I think it does. It's less direct, agreed, but to freeze that and to not allow expansion of that or sharing in the cost of that expansion by city residents I think ignores the fact that there is, indeed, an indirect connection between the two. DR. WOODRUFF: Hay I make two comments relative to that -- this is certainly not a debate but -- I would like to mention. First of all, you're certainly correct. We did not attend the budget sessions for the sheriff. I can tell you part of the reason for that is the reality that when we have come to you on specific issues you have been responsive. You know, we ask you for money to help us with the pier. You were very gracious in 283,000. We asked you for money relative to Naples Landing. You have given 160,000 for that. On the other side of the issue, though, we have really never been part of your operating budget. We came and discussed in detail the EMS. To this date we have not seen relief on EMS. And, therefore, if you pardon the bluntness of the statement, we have felt that if our voice came and said we're dissatisfied with this or with this, it would go on deaf ears. Now, don't take that as an affront, just take that as a fact that when we're not a player in your game and we represent 25 or 26 cents out of every dollar you get -- we are a player, certainly through Pam Mac'Kie. But there is a difference between being a county commissioner and being a city council member. That's not a critical statement towards her. COMMISSIONER MAC'KIE: There is a difference. DR. WOODRUFF: On the other side of the issue you also have to remember that we put together our own police force. Why do we do that? Because we want a higher level of service than what the county is giving. That's the basis for the baseline. What we're saying is if the county needs a higher level of service, the city has already provided that. If in the next year's budget Don Hunter wants 60 more police officers, sheriff's deputies, under the present formula the City of Naples is going to fund 15 of those. We're going to fund one-fourth. It is certainly true that when a crime take place anywhere outside the city, that that crime potentially could have taken place inside the city. I would also remind you anytime a crime takes place inside the city, that crime could have occurred outside the city. When we arrest those folks, we don't come back to you and say, County Commission, we arrested 3,000 people this year, 25 percent of them lived outside the county, and, therefore, we want you to pay 25 percent of our police budget. I mean, crime does not know boundaries. What we are saying, though, is the City of Naples has stepped up to the plate, and we have taken care of the enhanced police. What we're asking is for you to set up a system, not going back to 1960, not going back to 1970. Freeze the present manpower where it is, and as this county grows and Marco Island needs six more deputies, or North Naples needs five more deputies, or Golden Gate needs five more deputies, what we're saying is that should be on the unincorporated area. There can even come a point, which Mr. Weigel and I discussed, that Marco Island may decide to have its own MSTU for law enforcement, and Immokalee may one day decide they want their own MSTU, but that should be an unincorporated. COMMISSIONER HANCOCK: But I have to interject, Dr. Woodruff, that you hit on the very key point. The City of Naples provided enhanced. You decided -- the city decided the protection -- the base level of service afforded by the sheriff's office was not sufficient to meet the demands of your population, so you provide an enhanced service. And the county would do the same thing. We just recently did it. We provide enhanced service, but the people in that individual MSTU pay for that. What we're talking about when the sheriff adds deputies is base level of service. You know, the concept is not to provide enhanced services every year, but to provide base level consistent with the increase in population. You know, again, we could probably extend this for hours, and I don't think we're really that far apart, but it's just I do think there's a difference in whether or not -- I feel that there's a difference in the -- the point of freezing personnel when, in fact, the jail expansion, which requires additional personnel to operate, is something that the City of Naples Police Department uses on a daily basis. So there -- there are too many intricacies there to do it across the board. There may be some areas where it's more appropriate than others, but we're probably not going to find all those today. COHMISSIONER NORRIS: Besides, Dr. Woodruff, the first time you went through your explanation you were very eloquent and we all understood it. I think you do yourself a disservice by having to go through it again here. We understood it the first time. DR. WOODRUFF: I apologize, then, sir. CHAIRPERSON MATTHEWS: Commissioner Hac'Kie. MAYOR HUENZER: I'd just like to say a couple comments since you indirectly jerked my chain on something. And you know me, if I've got something to say, I like to respond. First of all, I didn't feel it was appropriate for us to come out here and be involved in the budget of another elected body, whether here, a school board, mosquito control, Southwest Florida Water Management. You're elected to do your job, and we're not to lend our voice and come out and -- because we couldn't win. We're either going to come out and be critical of some of your actions, and that's going to be picked up by your antis as reasons that we're now joining them and attacking you and things, and it's not appropriate. We didn't feel it was appropriate. You run your ship, and we'll keep our nose out. That's one reason we didn't come. We indirectly got that message, as Dr. Woodruff said, in the EHS before. We still haven't had the response. But we didn't come out for a reason. If you'd like my big mouth out here next year and at the school board and other places to go ahead and pick at your budget and give you comment, I'm available. COHMISSIONER HANCOCK: Mayor, apparently you want it. MAYOR HUENZER: Let me just finish. So that's one reason we didn't come out and get involved. As I said before, we want it, the board. That was only because if you want an advisory board to share with, fine. If you want the whole blooming five, take the five. I'm not hung up on that. And as I said, the numbers are only there to include cities. If more cities came down the line, to be able to have seats to give them without amended. So as far as the five or the nine -- as far as I'm -- I can't speak for council, -- take your five, and it's yours. That was just something we put out. We were asked on short notice to come up with comments and ideas to meet and negotiate. Now, you want to debate with us what we put in. So, in other words, did you want us to come out with some suggestions and compromise or didn't you. I thought the offer was there. We came out. Okay. Fine. We didn't come out just to haggle over that. That was only stated so that if future cities came in and you wanted to give representation to a city you had the provision to add. Go ahead and do it 5-2 and hold two open for future. Maybe you'll never fill them. But let's not get hung up on the whole project on something like that. As far as the arrests and the county, yes, we do get more pressure. Crime exists in the county, and it does -- that's correct. Our arrests -- if you were to look at our arrest logs, the greatest percentage by far up around 85, 90 percent are non-city residents. Last week we just broke the ring that broke in the One High Fidelity. That was all county. That's a normal pattern. We do get affected. As there's more growth in the county, we get more pressure on us in our city, and we expand our budget to meet the challenge. We also -- as there's more growth in the county, we expand our budget to meet the challenge that there's more use every year by county residents on the pier, on the boat launch facilities that we have, on the beaches, and on our recreation area. As the county grows our pressure increases, and we respond and also budget to meet that increase. We recognize it. What we're saying in this particular case is let's go ahead and say -- I'd love to do this with you as well on the beach, the county recreation, and the other areas too, but we're getting into so many details. You've got to walk before you try to fly, and you got to crawl before you try to walk. We weren't asked to come out and do a whole review of all tax and equity. We were asked on one particular area to give you input. We've done that in good faith. If you didn't want to in good faith to go ahead and get our input, then say it. If you want to change it, good. You have the ultimate thing. But I just wanted to answer why we weren't here in the budget. If it's an invitation to come out -- if the school board gives me an invitation to come out, I'll be out to each and every one of you. But I didn't feel it appropriate as mayor, because I can't speak as mayor. The city can't speak without separating our elected office from what is individuals. In some cases I feel disfranchised as an elected official over that if I were, you know, an individual. COHMISSIONER HANCOCK: I apologize that you have taken affront at any of my comments as if they were -- HAYOR HUENZER: Well, I didn't take affront. I wanted to clarify why we weren't here. COHMISSIONER HANCOCK: -- as if they were meant or directed toward you. It was merely an observation, Mayor. CHAIRPERSON MATTHEWS: Commissioner Hac'Kie. HAYOR HUENZER: It was not directed towards me, but it was just -- you're right, the city wasn't here. COHMISSIONER HANCOCK: No, sir, it wasn't. HAYOR HUENZER: We didn't feel it appropriate to come out and add our voices and stir things up by getting into another -- CHAIRPERSON MATTHEWS: Commissioner Hac'Kie, you have comments? COHMISSIONER HAC'KIE: Yes, just -- just -- I think that we're probably not going to be able to resolve this today. But I '- I've got a couple of -- of ideas out of this that I think could probably bear further consideration, one of -- one of which is that this county commission did this year recognize the concept of a base level of service for law enforcement, and we recognized a community that wanted to pay a higher price for an enhanced level of service. And I think I recall, Mr. Dotrill, your discussion with the administrator in Lee County of this general concept of adopting base levels of service on all county issues; on storm water management, one of my personal favorites; on law enforcement; on road maintenance so that the concept of adopting a countywide base level is appropriate. And then maybe what we should be talking to the city council about is some portion, some percentage of -- of increase over the base level that the city would continue to -- that the city would continue to contribute to. I think there's been a great deal of confusion here that -- that -- that perhaps people on the board think that -- that this base level of service concept freezes for all time. This is the amount of dollars you're going to get from the City of Naples. I don't think that that's what's proposed. And I think that we need to adopt a base level of service for law enforcement. I don't know how -- if we can do this in time to meet this program for -- COHMISSIONER NORRIS: Probably not. COHMISSIONER HAC'KIE: -- the end of the year. COHMISSIONER NORRIS: Probably not and, once again, my whole intent in here was to bring this forward as merely an accounting change so that we could separate budgets and have them more publicly visible. If we're going to go farther afield than that -- much farther afield, I'm going to be in the strange position of not being able to support my own project here. But I really don't -- I really never intended to change any budgetary oversight, any operational oversight. None of that was ever my intention, merely an accounting measure. And if we're going to do anything more than that, I'm out. COHMISSIONER CONSTANTINE: A couple of quick questions for the mayor. I'm just looking for a yes or no. I don't need much. Are you unhappy with the current way in which the sheriff establishes and implements his budget? HAYOR HUENZER: Yes. COHMISSIONER CONSTANTINE: Okay. HAYOR HUENZER: You're asking me. As an individual I'm answering. I don't want to answer as the city, because I'm only one voice. COHMISSIONER CONSTANTINE: I understand. So you don't have any interest in simply creating an accounting procedure to better educate the public or better allow the public -- HAYOR HUENZER: No, I do have interest. COHMISSIONER CONSTANTINE: Because I guess that's the only thing -- I think we've said that several times, was the only thing we had envisioned as this step of the process, not to create more bureaucracy and what have you. And I'd like to see us go ahead and do that, and it seems to make sense to do that. But like Commissioner Norris, if we're going to have to create more bureaucracy and create a new governing body and all kinds of things that go along with that, I don't really have any interest either. COHMISSIONER HAC'KIE: I just -- Commissioner Norris needed to say something, so I didn't mind his interrupting. But what I was going to suggest on this base level of service concept is that perhaps we approach this in steps. If perhaps the city council would consider letting this progress so that this year what we do is we create this special district. But then in the future we agree to look at this whole concept of base level of service for law enforcement and for other government services that maybe we could move forward if we do it a step at a time. That -- that was -- CHAIRPERSON MATTHEWS: That was going to be my suggestion. I note in the ordinance from both the City of Everglades and the City of Naples that they -- they have this ordinance sunset in two years with an automatic extension. In the county's version of the ordinance, I don't see that clause. But it seems to me that in an effort to kind of get this thing moving, while we still are not in total agreement of the best way to do it that we -- we may just want to take the skeleton that we have and put a sunset on it as the cities have suggested. And if we cannot work these differences out, then it just goes away. DR. WOODRUFF: I'd be happy to carry that message back to council tomorrow and see their response. CHAIRPERSON MATTHEWS: Commissioner Hancock. COMHISSIONER HANCOCK: In truth, both the mayor and Dr. Woodruff have some valid points that need to be looked at, and I think we're probably talking shades of the same color on many issues. But in this short time frame, there's no way those details can be worked out. CHAIRPERSON MATTHEWS: Exactly. COMHISSIONER HANCOCK: And I guess we have to look at -- or if I were in the city counsel's shoes, I would look at -- we really have two options at this point; continue as we have under the same funding scenario as has been and the mayor himself individually has said that he's not real happy with that. Or the second option is to possibly implement a mechanism that will allow for change, if not this year, maybe during the course of next year that discussion takes place and that change can occur. Without the MSTU that mechanism is not even there. So I guess we're looking at do we take a step in that direction if not all of what we want or most of what we want at this point to allow that to happen or do we just continue as is. And that may be the only decision this time frame allows this board and the city council to make. Because I recognize many of your points, and I have the utmost respect for you, Dr. Woodruff. I think you know that. And I think across the table we can probably iron out a lot of those things, but it's just not going to happen in this time frame. CHAIRPERSON MATTHEWS: Do we have speakers, Mr. Dotrill? MR. DORRILL: Mr. Keller. CHAIRPERSON MATTHEWS: Mr. Keller. Thank you, MAyor. Thank you, Dr. Woodruff. MR. KELLER: I'm George Keller, concerned citizen. And honestly and truly, where are we going? Are we going to change the whole method of taxation? We now have a method of taxation based on property values. What about the school tax? If I don't have any children in school, I'm not going to pay any school tax? There's so many things that the county and the state and the federal government does that we pay taxes on an equitable basis that has nothing to do with usage. Water, it's very easy to go meter water and charge people what they use, very easy to charge them on sewage based upon the amount of water that they use. But how do you ever determine what usage people are getting and what service they're getting and tax them according to service? I don't -- if I don't ever have the sheriff come to my house, I shouldn't pay any sheriff's tax; isn't that ridiculous? So let's -- let's put this thing to rest. Mr. Norris -- Commissioner Norris originally had a proposal which had some sense. The county budget -- when I used to get my tax -- tax bills, it was spread out in a whole bunch of different bills showing what I was paying the taxes on. Now, because -- we add so many different activities, the tax bill would be this long, so they managed to consolidate it, so I don't know how much I'm paying, for instance, for the -- for the street -- street beautification in my district or how much I'm paying for the -- for the -- for the community center. All I know is that it comes under one lump and I'm satisfied as long as the total taxes is reasonable. So let's not -- let's not change the whole method of taxation. Let's forget it. Mr. Norris had the point. All he's asking for is to have the county -- the sheriff's budget separated on the tax bill so people know how much the sheriff is getting to run his sheriff's department. Thank you. CHAIRPERSON MATTHEWS: Thank you. Is there direction from this board as to where we want to give our staff direction? COHMISSIONER NORRIS: I'll make a motion that we -- we direct our county attorney's office to proceed as originally directed. I understand there's a county -- I mean a city council meeting tomorrow where the city council will discuss that. Mr. Weigel, you have this ready to come back on the 19th? Is that my understanding? MR. WEIGEL: The two ordinances have been advertised. They had to be advertised in timely fashion so that they could go for the 19th. They have been advertised for the 19th date. COHMISSIONER NORRIS: My notion is to stay on schedule as directed then. In case the city council does not feel they want to join in, then the whole project will be terminated, I assume. COHMISSIONER CONSTANTINE: I'll second that, and I'll -- just -- I want to compliment Commissioner Hancock. I think your points were right on the button. What this is is this is the first step, and it will allow us to further explore things with the city. And if we don't do this, then we'll essentially put it to death now. So very well said. CHAIRPERSON MATTHEWS: Could I ask the motion maker if we could include in the direction to Mr. Weigel that we put into our HSTU or at least the interlocal agreements that come subsequently to that a sunset clause so that we -- we can begin to work these differences out knowing that there are differences and accepting the fact that there are. COHMISSIONER NORRIS: What's the process for -- for dismantling or abandoning an HSTU? MR. WEIGEL: Well, it can be problematical such as -- well, in any event, if an HSTU is scheduled through its own ordinance to sunset at a particular point in time, there obviously has to be an accounting for the funds that are within that HSTU to revert back over to the regular county budgetary process. I don't know that this is very far afield inasmuch as the clerk holds the funds anyway. It's more a question of accounting and ledgers as opposed to an actual district dying, because the services will continue. That is the distinction from the typical HSTU, is that if the project is completed, beautification or construction of some capital improvement, when that project is over and there's money left over, it gets very difficult to take care of the taxpayers who previously paid. In this case there is an ongoing service provided, an ongoing service obligation, an ongoing funding obligation, so it appeared that it could revert over very easily to the process that we had before the HSTUs were ever created. In regard to a sunset time, it is the obligation of the cities that -- that may endorse an HSTU fund incorporating them to provide a time frame for review and/or sunset. It is not an obligation of the county to provide for a sunset, although such a thing could be done. CHAIRPERSON MATTHEWS: Okay. COHMISSIONER NORRIS: I will amend my motion to allow for a two-year renewable sunset clause. CHAIRPERSON MATTHEWS: Automatic renewal? I mean, just to give a mechanism -- COHMISSIONER NORRIS: Automatic renewal unless otherwise specified by the county commission. CHAIRPERSON MATTHEWS: Thank you. That -- that seems to agree with the wording in the city's ordinances. COMMISSIONER NORRIS: Uh-huh. CHAIRPERSON MATTHEWS: Will the second accept? COMMISSIONER CONSTANTINE: I certainly will. COMMISSIONER MAC'KIE: I like that a lot, because, frankly, it gives some credence to our message to the city council that we're asking them to take one step with us now with the commitment that we're going to continue to look at this on the -- from the tax equity standpoint. So -- CHAIRPERSON MATTHEWS: Any further discussion? Sheriff Hunter, did you have a comment you wanted to make? COHMISSIONER MAC'KIE: Or did you just sit here all day for nothing? SHERIFF HUNTER: I would like to make one comment, but it's just for clarifying the record. CHAIRPERSON MATTHEWS: You have to come forward, put it on the record. SHERIFF HUNTER: I would like to make one -- a couple of comments, but it's just for clarifying the record. It won't influence your vote, I don't believe. CHAIRPERSON MATTHEWS: Go ahead. SHERIFF HUNTER: Very good. Thank you. Sheriff Don Hunter, sheriff of Collier County. I heard a couple of things said today I'd like to respond to. I'm a law man. I pay close attention to what words are spoken and what they mean. And I want to make certain that in the public record when we talk about budget accountability that it's clear that the sheriff's office attempts to each year provide enough detail in its budget -- enough of -- a budget document is disseminated properly to libraries, the city, to various county organizations, property owners groups, civic associations. We have town hall meetings each year. We respond to numerous groups pertaining to the budget, the budget process, where the budget is being spent. We hope that we're being accountable. And I offer the board this morning, again, my assistance in -- in preparing documents and information that provides you with the greatest level of accountability. We're audited each year, as you are. And each year we have had good audits with very few exceptions. So I want to make certain that in the board record and for the viewing audience and for the public in general that it's known that the sheriff's office is accountable. We have many levels of accountability by statute, by process. A very large issue right now as the mayor and city manager brought up is this issue of law enforcement, the enhanced level of service that a city or a municipal police agency represents, the fact that by statute and by the constitution of the State of Florida sheriff's offices provide for law enforcement services for the entire county. That's our responsibility. That's what I do. I'm considered the chief law enforcement officer for a county. I have never been approached by the City of Naples, which incorporated, I believe, well, many years ago, '59. VOICE: '46. SHERIFF HUNTER: When was it? CHAIRPERSON MATTHEWS: Doesn't matter, a long time ago. SHERIFF HUNTER: We've never been approached for an enhanced level of service for the City of Naples. What I did offer last year to the city manager when we began to discuss this tax equity issue and what types of services are provided back to the City of Naples, an enhanced level of service for the City of Naples. And perhaps we could begin again to enter into some of those discussions. The issue is that the sheriff's office stands prepared today to provide whatever level of service City of Naples needs for police services. We already provide their corrections services. We provide their judicial services. And we provide a large part of law enforcement service. And we can again open those discussions pertaining to enhanced levels of service for the city. There was some mention that we provide various types of budget detail for you. I want your viewing audience to know that we are very tightly controlled by the State of Florida, by the auditor general's office, that there are three basic budget categories; law enforcement, corrections, and bailiffs. They're all required by law for me to provide at the moment. And that defines for us what -- what we will put as far as format into our budget sheet. We're only really required to provide that to you. If you open a sheriff's budget today, which is a book, on the very first page right after the letter of introduction, you will find a summary page which tells you exactly what the expense of the office of sheriff as proposed by the sheriff for that year will be, a bottom line total number broken out in three categories; law enforcement, corrections, and judicial. There's nothing simpler in county budgeting practices than a sheriff's budget to understand. COHMISSIONER CONSTANTINE: I'm willing to stipulate '- I'm willing to stipulate the sheriff does a heck of a job being accountable. SHERIFF HUNTER: Great. Well, I appreciate that. But we think we provide you with easily understood numbers. If there's something better we can do, please let us know. CHAIRPERSON MATTHEWS: Okay. SHERIFF HUNTER: Thank you. CHAIRPERSON MATTHEWS: Is there any further discussion? We have a motion on the floor to give direction to the -- to the county attorney's office regarding the HSTU for the sheriff. All those in favor, please say aye. Opposed? Motion passes five to zero. Is there interest in taking a short break, or should we move on? We've got three items left. COHMISSIONER HANCOCK: Move on. COHMISSIONER NORRIS: Move on. CHAIRPERSON MATTHEWS: Okay. Let's move on. COHMISSIONER HANCOCK: Madam Chairman, I think it would be appropriate to thank Dr. Woodruff, Mayor Huenzer, and Councilman Terrant for being here today. CHAIRPERSON MATTHEWS: And the sheriff. COHMISSIONER NORRIS: And the sheriff as well. CHAIRPERSON MATTHEWS: Thank you, gentlemen. Item #BE1 CONSIDERATION OF THE CONSULTANT'S PROPOSAL ON THE REGIONAL JAIL STUDY - COUNTY TO PARTICIPATE IN STUDY WITH OTHER COUNTIES AT A COST OF $9,880 Next item on the agenda is item 8(E)(1), a recommendation that the Board of County Commissioners consider a consultant's proposal for the regional jail. Mr. Saadeh. MR. SAADEH: Good morning, Commissioners, Sam Saadeh from the county manager's office. The item before you this morning is to ask you to make a decision on whether or not to authorize the consultant to go ahead with the preliminary study on the regional jail issue. On November 20th Dan Wiley, the consultant from Dan L. Wiley and Associates, and the Board of County Commissioners in Lee County had told the county commissioners from all three counties that Charlotte, Lee, Glades, and Hendry County has all participated and authorized the study, and the only nonparticipant at that point was Collier County. And the Lee County commission chairman had asked and suggested that you make a decision and render an opinion by December -- mid December on whether or not you want to authorize the study or not. And I'll answer any questions. CHAIRPERSON MATTHEWS: Commissioner Constantine. COHMISSIONER CONSTANTINE: In essence, what this is asking us to do is spend approximately $9,000 to find out how we might be able to save millions of dollars? MR. SAADEH: That's basically it in a nutshell. COHMISSIONER CONSTANTINE: Seems like a no-brainer to me. COHMISSIONER MAC'KIE: Second. COHMISSIONER CONSTANTINE: I'll make a motion to approve the item. COHMISSIONER NORRIS: Second. CHAIRPERSON MATTHEWS: We have a motion and a second to approve the recommendation of staff, and that is to spend $9,880 and join our fellow counties in this study. All those in favor, please say aye. I'm sorry. I failed to ask if there are speakers. MR. DORRILL: There are none. Mr. Keller had registered. MR. KELLER: I don't like to say something on everything, but I'm a concerned citizen, and anytime you start -- if it's not going to be a county function, it should be a state function, not a tri-county function or a half -- one -- two-county function. Let's keep government the way it is and keep it basic. What we're doing constantly is little ideas to make government more -- more difficult to operate. Please, we got -- we need -- we need more people, more county jail. Let's build it, and let's build it at the proper price. But to start pushing the things away and setting up different forms of government is ridiculous. We've already got too many forms of government and too many laws, period. CHAIRPERSON MATTHEWS: Thank you, Mr. Keller. I'm going to recall the question because we had not heard from the -- the public. If there's no further discussion, all those in favor, please say aye. Opposed? Motion passes five to zero. Item #10A UPDATE ON CLAM BAY NRPA - PRESENTED BY COHMISSIONER HANCOCK Next item on the agenda is item 8 -- no, I'm sorry, 10(A), an update on the Clam Bay NRPA. COHHISSIONER HANCOCK: Much to your relief, I'll be very brief on this. Commissioner Constantine being of great concern is leaving the room. We had a meeting yesterday in which two experts, Mr. Robin Lewis (phonetic) and Hr. Hike Shirley (phonetic), the latter of Rookery Bay, presented some findings. And it appears there is some common ground that may be workable solutions. That material, those lists of -- of short-term solutions are being presented to a panel, if you will, that's coming in on Friday at the behest of the Conservancy, and some review is going to occur at that time. One week from yesterday will be a meeting to actually rank and decide on which short-term solutions are going to provide for the greatest system benefit and what the participation level of the varying groups that have come to the table for funding on this will be. Assuming the county has any part of that financial participation, I would then bring it back to this board and request a portion of the NRPA funds be used in -- in what is deemed by the task force in an appropriate manner, and then the board is left to make that decision. The one thing I would like to remind everyone is we hear a lot of sound bites. I've heard from the Conservancy on the radio and from others about how the county needs to spend hundreds of thousands of dollars to do a reconnection study of the coastal waters from Pensacola to Key West. And I -- you know, I -- that is not coming from me, nor is it coming from this task force. This task force -- and it's my role on it to stay focused on what the individual problem in the Clam Bay system is, what the immediate solution to stop or maybe even reverse the die-off may be, and to proceed in that within the boundaries and confines set up through an NRPA, not to go beyond it, not to request additional tax dollars. I made that statement very clear yesterday to the committee and to the folks in attendance and didn't get a lot of argument from some of the environmental organizations who took a different opinion of what the word maintenance means. COHMISSIONER CONSTANTINE: Hopefully that sound bite will get picked up on the radio as well. COHMISSIONER HANCOCK: Yeah, we'll be getting all kinds of phone calls. But the bottom line is we are looking at the short-term solutions. When it comes time for long-term solutions, that's going to be a broader discussion. But right now we're looking solely at the internal Clam Bay system and how to keep the mangroves at least healthy enough that the system doesn't become a center of mangrove death. So -- but anyway that -- COHMISSIONER CONSTANTINE: Mangrove graveyard. COHMISSIONER HANCOCK: Mangrove graveyard. That's where we are, and next week I'll just put it under board discussion. I will have an update for you as to what the priority listing is. If for some reason that is concrete enough to request action by this board on NRPA funds, that will be on the agenda for Tuesday. If you don't see it on the agenda, that means it's just going to be a discussion item and we'll be following it at a later date. That's it. CHAIRPERSON MATTHEWS: Okay. Thank you. Item #11 PUBLIC COHMENT REGARDING TDC GRANT APPLICATION; FOREIGN TRADE ZONE AND LAW ENFORCEMENT FOR AIRPORTS We are at the public comment portion of our agenda. Mr. Dotrill, is there public comment today? MR. DORRILL: Yes, ma'am. There is today, Hiss Field. CHAIRPERSON MATTHEWS: Ha'am, you have -- our public comment is limited to a five-minute '- MS. FIELD: Yes. CHAIRPERSON MATTHEWS: -- talk on any matter. It doesn't mean the board will take any action. In fact, they probably Won't. MS. FIELD: That's fine. Good morning. My name is Penny Adams Field. Mr. Cox wishes to convey his apologies that he cannot address you personally this morning and has asked me to read the following letter into record. Dear Chairman Matthews, as chairman of the board of governors of the Naples Institute and on behalf of the Naples Institute, I respectfully request the Naples Institute application for Collier County tourism development funds submitted for funds under category C be placed on the Commission's December 12, 1995, agenda for a vote to grant funding for application under said ordinance. Thank you for your consideration, sincerely, Joe B. Cox, Esquire, chairman of the board of governors. CHAIRMAN MATTHEWS: Thank you. Commissioner Constantine. COMMISSIONER CONSTANTINE: Has this application gone before the TDC? MS. FIELD: It did on November 27th. COMMISSIONER CONSTANTINE: And was there some action by the TDC? MS. FIELD: The action by the TDC was a five-to-four vote not giving us the grant application. CHAIRPERSON MATTHEWS: It was a pretty healthy discussion, but a five-to-four vote denying the grant application. COMMISSIONER HANCOCK: Based on the closeness of that vote, I think it would be appropriate for this board to hear the item at a future meeting. CHAIRPERSON MATTHEWS: Well, they're asking for the 12th. Is there agreement on the board that we hear it next week? COMMISSIONER MAC'KIE: Is the 12th important to the institute? MS. FIELD: It is only that Mr. Cox and I will be making the presentation. He's unavoidably detained on the 19th, and so we would not be able to make that one, so we've asked for the 12th. COMMISSIONER HANCOCK: The 19th is pretty full from what I've heard already. COMMISSIONER MAC'KIE: I certainly want to hear it. COMMISSIONER HANCOCK: I don't have a problem hearing it on the 12th. That's fine with me. CHAIRPERSON MATTHEWS: Mr. Dotrill, you're looking a little quizzical. MR. DORRILL: I don't know when it would come in the normal course. We've got less than 24 hours to prepare an executive summary and have it on -- frankly, I don't even know whether Miss Gansel is here today to do the executive summary. But if you want it on the 12th, it will be on. COMMISSIONER CONSTANTINE: Quick question. I mean, what's -- so if we miss the 19th, what's wrong with January 2nd? MS. FIELD: We are looking at trying to launch this fairly quickly into 1996, and we are, of course, trying to avoid any further delays which I'm sure everyone trying to get on your agenda has the same issue. So we prefer the 12th. Certainly if we have to push it off to the 2nd, it's less optimistic for us in terms of some of what we're doing. COHMISSIONER CONSTANTINE: I just would feel more comfortable I guess if we had some comprehensive executive summary on it rather then something thrown together in 24 hours. COHMISSIONER NORRIS: It may actually do the petitioner a disservice to try to rush it through without all the proper information, that the burden of not receiving all the information could actually be a detriment to them. I think you'd be better off to let the staff develop a full presentation. MS. FIELD: If that's your desire. COHMISSIONER CONSTANTINE: January 2nd? COHMISSIONER HANCOCK: That makes sense to me, particularly since Ms. Gansel is not here to give us the -- MR. DORRILL: Unless this is otherwise been scheduled. And if you'll just leave me the discretion if it is ready to go, then we'll have it on for a week from today. And if not, we'll see them back first Tuesday in January. CHAIRPERSON MATTHEWS: Okay. Because I was going to say, we -- we have a copy of the grant application obviously available, which is available now, and it could be distributed to the board this afternoon. And an executive summary, while it may not make it in the printing package, could be distributed Thursday or Friday provided Ms. Gansel's schedule will allow the preparation of it. MS. FIELD: A copy of the application is also included in the packet that I just presented to you. CHAIRPERSON MATTHEWS: COHMISSIONER HANCOCK: going to be available? CHAIRPERSON MATTHEWS: COMMISSIONER MAC'KIE: January? COMHISSIONER HANCOCK: Yeah, it is. When are the minutes of the TDC Well, that is a good question. What's going to happen in I would just appreciate the benefit of the minutes of the TDC to be able to review so that, you know, we have them as an advisory capacity for a reason. CHAIRPERSON MATTHEWS: Let me ask the court reporter. Do you normally type those or are they are just not yet typed? Does this board want to have -- COHMISSIONER CONSTANTINE: That would be helpful. CHAIRPERSON MATTHEWS: -- the minutes typed? COHMISSIONER HANCOCK: Well, it seems to me the cost of that should be borne by the petitioner, not by this board, you know. I mean, I'm -- we're not bringing this petition forward. COMMISSIONER MAC'KIE: I -- CHAIRPERSON MATTHEWS: Commissioner Mac'Kie. COMHISSIONER MAC'KIE: I feel like maybe -- I know a little about Naples Institute. I've heard a little bit about this leadership program. But -- and I want to be supportive, but I still don't get why is this December 12th, December 19th, January 2nd. Could you tell me enough to know? Does everybody else already know there's something scheduled for January 15th, and we have to do this right away or something? Why the -- COMHISSIONER CONSTANTINE: There is nothing. COMHISSIONER MAC'KIE: Why the rush? Why the press? CHAIRPERSON MATTHEWS: Actually according to the grant application presented to the TDC, they're looking at getting this program launched for the summertime. COHMISSIONER HAC'KIE: Then why aren't we just going through the regular course? CHAIRPERSON MATTHEWS: They've got advertising commitments and so forth they're going to have to make. COHMISSIONER HANCOCK: Madam Chairman, I'll take a step. Let's schedule this for January 2nd and that way we can make sure we have all the information -- COHMISSIONER NORRIS: Second the motion. COHMISSIONER HANCOCK: -- that's necessary. CHAIRPERSON MATTHEWS: Sounds fine to me. COHMISSIONER CONSTANTINE: Agreed. CHAIRPERSON MATTHEWS: Okay. We'll schedule it for January the 2nd. MS. FIELD: All right. Thank you. CHAIRPERSON MATTHEWS: Thank you. Next item on the agenda is -- MR. DORRILL: I'm sorry. We've got one additional public comment today from Mr. Erlichman. CHAIRPERSON MATTHEWS: Mr. Erlichman. MR. ERLICHHAN: Thank you. Gilbert Erlichman, East Naples. I don't know whether this is a proper public comment but I was just informed that a airplane was intercepted -- not intercepted by landed at Immokalee Airport and had something like 700 pounds of marijuana on it. And it was -- CHAIRPERSON MATTHEWS: Yesterday. MR. ERLICHHAN: Pardon? CHAIRPERSON MATTHEWS: Yesterday. MR. ERLICHHAN: Oh, yesterday. I didn't even hear it on the radio. I was just informed about it. CHAIRPERSON MATTHEWS: Out of Cuba. COHMISSIONER HANCOCK: Yeah. MR. ERLICHHAN: But anyhow, all I know is that the airplane was trailed from the Gulf of Mexico, and it landed at Immokalee Airport, and then it was -- they were arrested there. This -- this brings to mind about the establishment of a free trade zone at these airports. CHAIRPERSON MATTHEWS: Excuse me -- us for laughing, but it did come from a foreign country. COHMISSIONER HANCOCK: I don't think they anticipated this type of cargo. MR. ERLICHHAN: That's right. So what I'm saying is do you -- do the commissioners have in mind enough law enforcement and enough facilities to check for the trans -- shipment of drug at the airports? COHMISSIONER CONSTANTINE: Well, first of all, the customs facility at the international airport will be the one used. We won't be doing customs at Immokalee Airport. Second, the incident you mentioned yesterday had 380 pounds of marijuana on a flight that originated out of Montego Bay. They picked -- the federal agents picked it up on radar out of the Cuba, followed it all the way up the east coast, and it came across looking for anyplace to land where it could then try to escape. They realized they were being tailed. And so how that relates to a foreign trade zone, I don't know at all. That was someone on the lamb, on the run, realized they were being chased and landed at an airport where they thought they could run into the woods and hide. MR. ERLICHMAN: That -- that -- that's my implication. That is my implication. CHAIRPERSON MATTHEWS: I would also suggest that the -- the runways at that airport have been of the length that they are for 50 years now, Mr. Dorrill, and this incident could have happened anytime in the last 50 years as -- and I would say the likelihood -- with the terminal building and so forth being built in the upcoming years, the likelihood of it happening again is -- is considerably lessened. MR. ERLICHMAN: I mean, are these facility going to be 24 hour -- operated 24 hours a day so that an airplane must be -- must be identified at night? MR. DORRILL: No. MR. ERLICHMAN: I don't know. CHAIRPERSON MATTHEWS: No. They won't, but it will be locked up at night. MR. ERLICHMAN: I have a lot of questions about that. COMHISSIONER HANCOCK: Drury. CHAIRPERSON MATTHEWS: COMHISSIONER HANCOCK: those. CHAIRPERSON MATTHEWS: I would direct you to John Yeah. He can probably answer most of Thank you, Mr. Erlichman. That was the last of our public comment. Item #12C1 RESOLUTION 95-672 RE PETITION AV-95-017, Q. GRADY MINOR & ASSOCIATES, P.A., AS AGENT FOR OWNER, STERLING OAKS JOINT VENTURE, REQUESTING VACATION OF A PORTION OF TRACT C, OF THE PLAT OF STERLING OAKS - ADOPTED BUT NOT TO BE RECORDED UNTIL REPLAT IS RECORDED Next on the agenda is item 12(C)(1), petition AV-95-017 regarding Sterling Oaks joint venture. MR. MULLER: Hi, Russ Mullet, transportation. COMHISSIONER CONSTANTINE: Hi, Russ. MR. MULLER: Item 12(C)(1) is a public hearing to consider petition AV-95-017 for the vacation of a portion of tract C of the plat of Sterling Oaks, plat book 23, pages 5 through 20. Our site location is on north Collier County line between old and new 41. The reason for the vacation is to replat. It's a companion item to 16(A)(10), Wildcat Cove. Letters of no objection have been received from all pertinent utilities and government agencies along with the homeowners association. A resolution was prepared and approved by the county attorney's office in accordance with Florida Statutes 177.101. And based on the letters of no objection, the replat, staff recommends approval and requests that the resolution not be recorded until the replat is recorded. And if you have any questions of the petitioner, the petitioner's agent is here. CHAIRPERSON MATTHEWS: Questions? Commissioner Hancock. COMHISSIONER HANCOCK: Mr. Miller, what's the intent here? They're going to vacate and create larger lots, smaller lots, different product? What's the intent? MR. MULLER: Different lots. They have a larger lot and they want to go to a straight zero lot line, and they're going to have four or five less lots. COMMISSIONER HANCOCK: Okay. CHAIRPERSON MATTHEWS: Commissioner Constantine, you have questions? COMMISSIONER CONSTANTINE: No. I was going to say if the petitioner doesn't have anything to add, maybe we could close the public hearing. MR. DORRILL: No speakers. CHAIRPERSON MATTHEWS: No speakers? I'll close the public hearing. COMMISSIONER CONSTANTINE: I'll make a motion to approve staff's recommendation. COMMISSIONER MAC'KIE: Second. CHAIRPERSON MATTHEWS: We have a motion and a second to approve staff recommendation. Any further discussion? All in favor, please say aye. Opposed? Motion passes five to zero. Item #14 BCC COMHUNICATIONS That concludes our agenda for the day. We're at communications. Commissioner Norris? COMHISSIONER NORRIS: Nothing today. CHAIRPERSON MATTHEWS: Commissioner Hancock? COMHISSIONER HANCOCK: No, ma'am. CHAIRPERSON MATTHEWS: Commissioner MAc'Kie? COMMISSIONER MAC'KIE: Just one that I've given a memo to all members of the board that I'm delivering to our county attorney today on that issue of how assessments can be collected. I got from the City of Naples a copy of the resolution that they've recently adopted. I'm sorry, this has to do with Naples Park and how we might make the impact of the cost of the improvements more palatable or more easily borne by less affluent neighborhoods. What I'm going to give to the county attorney or what he'll get in any minute is a memo that says -- it lays out the five methods by which the City of Naples residents are offered the opportunity to pay special assessments, including monthly, quarterly, annually, interest only, or interest accrues and the assessment is due upon sale of the property. So in the hopes that that will help Naples Park be able to afford the drainage improvements that it needs, I've given that to the county attorney, and you have copies of that, and I look forward to hearing from you about it. COMHISSIONER HANCOCK: And I thank you. CHAIRPERSON MATTHEWS: Thank you. Commissioner Constantine? COMMISSIONER CONSTANTINE: I have no items today. CHAIRPERSON MATTHEWS: I have none either. Mr. Dotrill. MR. DORRILL: Just to tell you quickly that it occurred to us recently that it seems in some of our larger commercial areas that we have an overabundance of handicapped parking that is near the buildings. And with that in mind, I asked the staff on the day after Thanksgiving, which is historically the busiest retail shopping day of the year, to do a survey throughout the urban area of commercial shopping centers, the number of spaces that were being used both in morning and mid afternoon, and it appears preliminarily that that only about half the spaces were being used. And increasingly I think that's something we may want to look at. I think we have an obligation to provide for genuinely handicapped individuals -- which is another story -- adjacent and accessible parking. But our standards may be so high that we are creating a problem, as evidenced by -- and I think the best example is the south Naples Wal-MArt store, very long, very narrow parking lot. There appeared to be as many violators parking in the handicapped parking because of the apparent overabundance of them. I just want you to know we're concerned about that from a staff perspective, and Mr. Cautero did a fine job the day after Thanksgiving. We'll be sharing that with you real soon. COMMISSIONER CONSTANTINE: I have a question on a related topic. I don't know if you can answer this or if the tax collector needs to answer this. But we issue permits out of the tax collector's office to utilize those parking spaces. You can -- whether you need a temporary use for 90 days or people -- I have a neighbor who just blew out a kneecap and has a temporary need for that, and I have another neighbor who is long-term handicapped and has necessity for that as long as he lives. COMMISSIONER HANCOCK: Is there something going on in your building? COMMISSIONER CONSTANTINE: Yeah, it's a rough place -- no, a lot of people. The fee is the same whether you're getting a 4-year permit or a 90-day permit. And also the way the permit is issued right now, if you so choose -- and hopefully most people do not, but I suspect some do -- even though -- if your need is for 90 days for the 90-day permit, that permit can, in effect, be used for that full four-year period. And it doesn't seem like a very effective way of doing it. I don't know if that's our policy or if that's the tax collector's policy. MR. DORRILL: Department of Motor Vehicles. But that's going to be -- understanding the current law and how people go about getting temporary long-term permits is something that you may want to take a legislative position on. But the Land Development Code requirements are a different issue and that's something we'll be reporting to you as part of the combined report. CHAIRPERSON MATTHEWS: Any other items? MR. DORRILL: No, ma'am. CHAIRPERSON MATTHEWS: Mr. Weigel? MR. WEIGEL: None, thank you. CHAIRPERSON MATTHEWS: Miss Filson, we're finished? MS. FILSON: We're finished. CHAIRPERSON MATTHEWS: We're adjourned. ***** Commissioner Norris moved, seconded by Commissioner Constantine and carried unanimously, that the following items under the Consent Agenda be approved and/or adopted: Item #16A1 SATISFACTION OF LIEN FOR RESOLUTION 94-627 ASSESSING A LIEN FOR A PUBLIC NUISANCE ON THE PROPERTY DESCRIBED AS LOT A, BLOCK 16, NAPLES SOUTH UNIT 1 - OWNER: GEORGE KANELOPOULOS See Pages Item #16A2 SATISFACTION OF LIEN FOR RESOLUTION 94-504 ASSESSING A LIEN FOR A PUBLIC NUISANCE ON THE PROPERTY DESCRIBED AS LOT 29, BLOCK 122, UNIT 4, GOLDEN GATE - OWNER: VASANT KHACHANE See Pages Item #16A3 SATISFACTION OF LIEN FOR RESOLUTION 94-537 ASSESSING A LIEN FOR A PUBLIC NUISANCE ON THE PROPERTY DESCRIBED AS LOT 21, BLOCK 280 OF MARCO BEACH UNIT EIGHT - OWNER: PAL BORGERSEN JR. See Pages Item #16A4 SATISFACTION OF LIEN FOR RESOLUTION 94-180 ASSESSING A LIEN FOR A PUBLIC NUISANCE ON THE PROPERTY DESCRIBED AS LOT 6, BLOCK "G", HALDEHAN RIVER SUBDIVISION - OWNER: CAROL A. PINKALLA Item #16A5 See Pages SATISFACTION OF LIEN FOR RESOLUTION 94-179 ASSESSING A LIEN FOR A PUBLIC NUISANCE ON THE PROPERTY DESCRIBED AS LOT 7, BLOCK "G", HALDEHAN RIVER SUBDIVISION - OWNER: CAROL A. PINKALL Item #16A6 See Pages SATISFACTION OF LIEN FOR RESOLUTION 94-618 ASSESSING A LIEN FOR A PUBLIC NUISANCE ON THE PROPERTY DESCRIBED AS LOT 24, BLOCK 239 OF MARCO BEACH UNIT SIX - OWNER: EDWARD D. FALLIN JR. Item #16A7 See Pages SATISFACTION OF LIEN FOR RESOLUTION 94-330 ASSESSING A LIEN FOR A PUBLIC NUISANCE ON THE PROPERTY DESCRIBED AS PARCEL 43, SECTION 13, TOWNSHIP 52 RANGE 29 COPELAND - OWNER: CAROL A. WHITE Item #16A8 See Pages CASH BOND AS SECURITY FOR EXCAVATION PERMIT NO. 59-524 (HOD.) HUNTINGTON, LOCATED IN SEC. 31, T485, R26E Item #16A9 - This item has been deleted Item #16A10 THE FINAL PLAT OF "WILDCAT COVE" - WITH CONSTRUCTION AND MAINTENANCE AGREEMENT Item #16All See Pages RESOLUTION 95-671 - RE: FINAL PLAT OF STONEBRIDGE UNIT THREE - CONSTRUCTION AND MAINTENANCE AGREEMENT AND PERFORMANCE BOND See Pages Item #16B1 FUNDING FOR THE IHMOKALEE JAIL CENTER SEWER PROJECT Item #1682 WORK ORDER SC-5 WITH SURETY CONSTRUCTION COMPANY FOR THE VETERANS COHMUNITY PARK COVERED MULTI-USE FACILITY See Pages Item #1683 BUDGET AMENDMENTS RECOGNIZING CARRY FORWARD AMOUNTS FROM FY 1995 FOR FUND 301 CAPITAL PROJECTS Item #1684 AGREEMENT TO REIMBURSE THE PROPERTY APPRAISER AND TAX COLLECTOR FOR SERVICES RENDERED FOR THE ROYAL COVE SEWER SPECIAL ASSESSMENT DISTRICT See Pages Item #1685 PURCHASE AGREEMENT AND WARRANTY DEED FROM JOHN T. NOVAK AND RUTH C. NOVAK FOR LAND SITUATED IN SECTION 30, TOWNSHIP 50 SOUTH, RANGE 27 EAST, FOR ROADWAY CONSTRUCTION ENVIRONMENTAL MITIGATION See Pages Item #1686 AN EMERGENCY PURCHASE FROM PAT'S PUMP AND BLOWEER, INC. OF A NEW AQUATECH B-10 JET VAC, TRUCK MOUNTED MOBIL CATCH BASIN AND SEWER CLEANER VEHICLE FOR CLEANING OF STORM SEWERS, CATCH BASINS AND CROSS DRAINS ON THE COUNTY ROAD SYSTEM Item #1687 - This item continued to 12/19/95 Item #1688 AWARD BID #95-2443 FOR UNDERGROUND UTILITIES CONTRACTING SERVICES TO CABANA CONSTRUCTION AS PRIMARY VENDOR AND D.N. HIGGINS, INC. AS SECONDARY Item #1689 SEWER CAPITAL FUNDING TO ACQUIRE PARCEL 1 OF BATHEY PROPERTY AS PART OF THE HUBSCHHAN SETTLEMENT AGREEMENT Item #16El APPROVAL OF BUDGET AMENDMENTS Item #16G1 AUTHORIZE THE CHAIRMAN TO SIGN CERTIFICATE FOR CORRECTION TO THE TAX ROLLS AS PRESENTED BY THE PROPERTY APPRAISER'S OFFICE 1991 REAL PROPERTY NO. 285-286 209-210 230-231 186 189 78 80 83 103-104 107-114 118 Item #1662 1992 REAL PROPERTY 1993 REAL PROPERTY 1994 REAL PROPERTY 1995 REAL PROPERTY DATE 11/16/95-11/20/95 11/16/95-11/20/95 11/16/95-11/20/95 11/16/95 11/20/95 11/9/95 11/9/95 11/13/95 11/15/95 11/15/95-11/17/95 11/20/95 1995 TANGIBLE PERSONAL PROPERTY 30-32 11/15/95 SATISFACTION OF LIENS FOR SERVICES OF THE PUBLIC DEFENDER See Pages Item #1663 MISCELLANEOUS CORRESPONDENCE - FILED AND/OR REFERRED The following miscellaneous correspondence as presented by the Board of County Commissioners has been directed to the various departments as indicated: There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 12:02 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: Barbara A. Donovan