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BCC Minutes 11/05/1996 R REGULAR MEETING OF NOVEMBER 5, 1996 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 9:04 a.m. in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: John C. Norris VICE-CHAIRMAN: Timothy L. Hancock Timothy J. Constantine Pamela S. Hac'Kie Bettye J. Matthews ALSO PRESENT: W. Neil Dorrill, County Manager David C. Weigel, County Attorney Item #3 AGENDA AND CONSENT AGENDA - APPROVED AND/OR ADOPTED WITH CHANGES CHAIRKLAN NORRIS: I'll call the county commission meeting to order on this election day, November the 5th, 1996. Mr. Dotrill, if you could, please, lead us in an invocation and a pledge to the flag. MR. DORRILL: Heavenly Father, on this election day, we -- we do give thanks and pause for what we do consider to be the greatest country in the world. We give thanks for our United States. We give thanks, especially, this morning and lift up and -- and pray for both our president and Senator Dole and their families for the effort and the considerable sacrifice that they have made on -- on part of our country to give us that choice that our Constitution entitles us to. Father, it's our prayer here each and every Tuesday that you guide the hand of the county commission, our elected officials, as they make the important business decisions that affect Collier County and its people. We ask that you give us the conviction and the courage to do what is right and what is honest in these business endeavors and that you would bless our time here together today. And we pray these things in Jesus's name. Amen. (The pledge of allegiance was recited in unison.) CHAIRMAN NORRIS: Mr. Dorrill, it looks like we have a -- just a few changes to our agenda this morning. MR. DORRILL: Yes, sir. Good morning, Commissioners. I have just two changes. The first is a request to continue Item 8(A)(3), which was an appeal of an administrative decision concerning and upholding a code enforcement matter. The agent for the petitioner has asked that that item be continued for two weeks. (Commissioner Constantine entered the boardroom.) MR. DORRILL: I've just been advised before the start of the meeting there's another party here who had intended to have that heard today, and he had indicated to me that his attorney is here or is going to be here. I don't know whether that -- that other gentleman -- he is not a party to the appeal. He is, apparently, a neighbor, and I don't recall the gentleman's name. I don't know if he's still here or not. And I also have one additional item to continue, Item 8(B)(1), for one week, until your meeting of the 12th, which is a recommendation to award a contract for certain improvements at the Marco Island Racquet Center, which was the county's CIE Project No. 729. That was a matter that was originally under a bid protest, and I don't know what the nature of the additional continuance is. You may want to have Mr. Olliff provide that information to you. COHMISSIONER HANCOCK: At least on the first item, Mr. Chairman, it has, at least in the last two years, been this board's unwritten policy that if a petitioner requests a continuance, unless there's outstanding reasons, that it's granted. I know someone may be here to speak on that item, but I would just as soon that that continuance be upheld. COHMISSIONER HAC'KIE: I agree with that. COHMISSIONER MATTHEWS: I too. CHAIRMAN NORRIS: Okay. Commissioner Matthews, do you have any other changes? COHMISSIONER MATTHEWS: No, sir. CHAIRMAN NORRIS: Commissioner Hancock? COHMISSIONER HANCOCK: No, sir. CHAIRMAN NORRIS: Commissioner Hac'Kie? COHMISSIONER MAC'KIE: Well, I'd like to discuss the possibility of -- of reconsidering the town hall project that came up in that activity center there -- not town hall. What do they call it? COHMISSIONER MATTHEWS: Main Street. COHMISSIONER MAC'KIE: Main Street. I can't ever get the name of that. And I don't know exactly where that would be. Is that a communications item, Mr. Dotrill, or is that under county commission agenda? But I'd like to discuss the possibility of that. MR. DORRILL: Probably best be 10(J). Is that the project at Pine Ridge and Airport? COHMISSIONER MAC'KIE: Yes, sir, behind Carillon. CHAIRMAN NORRIS: Commissioner Constantine, anything else? COHMISSIONER CONSTANTINE: No other changes. CHAIRMAN NORRIS: Motion, please. COHMISSIONER HANCOCK: I'll move approval of the agenda and the consent agenda as amended. COHMISSIONER CONSTANTINE: Second. CHAIRMAN NORRIS: We have a motion and a second. All those in favor signify by saying aye. Opposed? (No response) Item #4 MINUTES OF REGULAR MEETING OF OCTOBER 8, 1996; SPECIAL MEETING OF OCTOBER 9, 1996; AND REGULAR MEETING OF OCTOBER 15, 1996 - APPROVED AS PRESENTED CHAIRMAN NORRIS: We have some minutes as well. COHMISSIONER HANCOCK: I'll move approval of the October 8th regular meeting minutes, the October 9th special meeting minutes, and the October 15th regular meeting minutes, all of 1996. COHMISSIONER HAC'KIE: Second. CHAIRMAN NORRIS: We have a motion and a second. All those in favor signify by saying aye. Opposed? There are none. Item #5A1 PROCLAMATION DESIGNATING THE WEEK OF NOVEHBER 10-16, 1996 AS NATIONAL WOMEN VETERANS WEEK - ADOPTED Proclamations. Commissioner Matthews, I believe you have one. COMHISSIONER MATTHEWS: Yes, I do, thank you. Is Kay Flynn here in the room? And do you have others with you, ma'am? MS. FLYNN: Yes, I do. COMHISSIONER MATTHEWS: If you would, come up while I read the proclamation. I have several copies; so I know there's several with you. COMHISSIONER HANCOCK: It sounds like this end of the dais is verbally challenged today. CHAIRMAN NORRIS: It's not the only end. COMHISSIONER MATTHEWS: Good morning. If you'd turn around -- CHAIRMAN NORRIS: Face the camera. COMMISSIONER MATTHEWS: -- and face the camera. CHAIRMAN NORRIS: You've got to face the camera here. COMHISSIONER MATTHEWS: A proclamation. CHAIRMAN NORRIS: This is a live feed to CNN; so you're going worldwide. COMHISSIONER MATTHEWS: A proclamation; Whereas, 1.8 million women have served in the U.S. Armed Forces, and women have served in all of America's major conflicts beginning with the American Revolution; and Whereas, women were hired in medical service in the wars of the 18th and 19th centuries and during the Civil War as foragers for supplies, cooks, and seamstresses, as well as saboteurs -- saboteurs? -- scouts, and couriers; and Whereas, the Spanish-American War contributed to the creation of the Army and the Navy Nurse Corps in the first decade of the 20th century; and Whereas, women were first recruited as members of the armed services in World War I, in which more than 35,000 served in roles ranging from nurses to telephone operators and was the first war in which American women served overseas with three receiving the Distinguished Service Cross; and Whereas, World War II, in which more than 350,000 women served, saw the first female officers and was also the first time a large number of black women could serve in the American military; and Whereas, the majority of the women sent to Korea during the war were nurses, and again, throughout the Vietnam War, mainly nurses were deployed; and Whereas, the Vietnam Women's Memorial was dedicated on November 11, 1993, honoring women's military service personnel, of whom 14,571 live in Florida; and Whereas, in Grenada and Panama the lines between combat and noncombat duty became blurred as women led troops and faced enemy fire. Operation Desert Storm, however, became the key turning point when more than 41,000 women filled combat-support positions, the largest single deployment of military women in American history and 7.5 percent of the total force; and Whereas, today more than 200,000 women are on active duty comprising 11.6 percent of the total force and approximately 150,000 women in the reserves or 13 percent; and Whereas, November llth is designated by Congress as Veterans Day, a day we pause to reflect on the many men and women who fought to protect and preserve the American way of life, and this week -- this week the women veterans deserve our deepest respect and thanks for their many sacrifices. Now, therefore, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that the week of November 10 through 16 be designated as National Women Veterans Week. Done and ordered this 5th day of November 1996, Board of Collier County Commissioners, Collier County, Florida. Mr. Chairman, I move that we accept this proclamation. COHMISSIONER HAC'KIE: Second. CHAIRMAN NORRIS: We have a motion and a second. All those in favor signify by saying aye. (Applause) COHMISSIONER MATTHEWS: Has anyone here been to the Vietnam War Memorial in Washington, D.C.? COHMISSIONER HANCOCK: Yeah. I've been twice. COHMISSIONER MATTHEWS: And the Nurse's Memorial? COHMISSIONER HANCOCK: I don't think that was up when I was there. COHMISSIONER MATTHEWS: It's -- it's very interesting. They have a couple of nurses there with a -- with an injured soldier, and there's kind of a cup in the iron between the nurses. And one of the first things that got deposited in this little cup is a pair of earrings and a tube of lipstick, you know, just absolutely touching. Item #5A2 PROCLAMATION DESIGNATING THE MONTH OF NOVEMBER, 1996, AS COLLIER COUNTY MANUFACTURED/MOBILE HOME OWNERS MONTH - ADOPTED CHAIRKLAN NORRIS: Commissioner Constantine has graciously allowed me to read his proclamation in his place this morning; so if I could ask Art Longano to please come forward. Art, if you come -- could stand here and face the camera for us, I'll read this proclamation. Whereas, manufactured/mobile homes have proved to be a source of affordable housing for more than 1 million owners in Florida; and Whereas, the state legislature recognized the basic property rights of mobile home owners and landowners that must be protected, which resulted in the passage of Florida Statute 723, the Mobile Home Statute; and Whereas, for the past 34 years, manufactured/mobile home owners from around the state have joined together for the purpose of disseminating information and assisting one another to better their lifestyle; and Whereas, the Federation of Mobile Home Owners of Florida, Incorporated, is sponsoring a Manufactured/Mobile Home Owners Awareness Campaign during November 1996; Now, therefore, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that the month of November 1996 be designated as Collier County Manufactured/Mobile Home Owners Month. Done and ordered this 5th day of November 1996 by the Board of County Commissioners. And I will make a motion that we accept this proclamation. COHMISSIONER CONSTANTINE: Second. CHAIRMAN NORRIS: We have a motion and a second. All those in favor signify by saying aye. Art. (Applause) MR. LONGANO: Thank you, Commissioners, for this proclamation. My name is Art Longano, and I live in a manufactured home. I am pleased to accept this proclamation on behalf of all manufactured home owners in Collier County. If I may take a minute of your time, I would like to put in a plug for the manufactured home lifestyle. We are very happy to live in our manufactured-home communities throughout Collier County and the State of Florida. I know there are some people who put down manufactured homes. They call them trailers or boxes and believe our homes will be blown away, even in a low-grade hurricane. This may have been true at -- many years ago, but in 1976 and again in 1994 the Department of Housing and Urban Development issued construction and installation standards for manufactured homes so that today the modern manufactured home is capable of withstanding winds as well as or better than most site-built homes. I urge you to visit any of the manufactured-home communities in Collier County and learn more about our lifestyle. Thank you for listening. COHMISSIONER HAC'KIE: I do that every time I visit my SO '- MR. LONGANO: Very good. Thank you. COMMISSIONER HANCOCK: Lunch at your mom's house today? COMMISSIONER MAC'KIE: Absolutely. Item #5A3 PROCLAMATION DESIGNATING THE WEEK OF NOVEMBER 3-9, 1996, AS RADIOLOGIC TECHNOLOGY WEEK - ADOPTED CHAIRMAN NORRIS: Commissioner Hac'Kie, I believe that you have a proclamation as well. COHMISSIONER HAC'KIE: I do. And I'd like to ask Carla Dean to come forward to accept it. Good morning. If you'll say hi to Hom -- proclamation; Whereas, the health of our citizens is a major concern and responsibility of healthcare professionals serving the citizens of Collier County; and Whereas, qualified practitioners who specialize in the use of medical radiation and imaging technology to aid in the diagnosis and treatment of disease share a commitment to bring the people of this community a safer, more compassionate environment now and in the future; and Whereas, professions in the radiologic sciences are dedicated to the highest standard of professionalism and continually maintain those standards through education, lifelong learning, credentialing and personal commitment; and Whereas, November 3rd through 9th, 1996, has been designated as National Radiologic Technology Week to focus on the safe medical radiation environment provided through the skilled and conscientious efforts of radiologic technologists; Now, therefore, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that the week of November 3rd through 9th, 1996, be designated as Radiologic Technology Week in Collier County and urge all our citizens to recognize this event and participate in its observation. Done and ordered this 5th day of November 1996, Board of County Commissioners, Collier County, Florida. I'd like to move we accept this proclamation. COHMISSIONER HANCOCK: Second. COHMISSIONER MATTHEWS: I'll second. CHAIRMAN NORRIS: We have a motion and a second. All those in favor signify by saying aye. (Applause) MS. DEAN: I'll be very brief, but on behalf of all of the professionals in the radiologic sciences in Collier County, we thank the commissioners very much for our recognition. We'll continue to try and give our county citizens the compassionate care that they so deserve with the knowledge and education that's required to give them excellent care. Thank you very much. Item #5A4 PROCLAMATION DESIGNATING THE WEEK OF NOVEMBER 4-8, 1996, AS ZONTA INTERNATIONAL WEEK - ADOPTED CHAIRMAN NORRIS: Thank you. Commissioner Hancock, I believe you have a proclamation now. COMHISSIONER HANCOCK: Yes. CHAIRMAN NORRIS: It's a busy proclamation day. COMHISSIONER HANCOCK: It's proclamation central. This morning it's my pleasure to recognize Zonta International. We have members of the Zonta Clubs of Collier County, Naples, and Bonita Springs here. Lisa Zeller and Elizabeth Winnie and any others you might have brought with you. Just two of you this morning? If I could ask you, again, to step up front and face the happy mob we have here today. Whereas, Collier County has approximately 100 women who are members of the Zonta Clubs of Collier County, Naples, and Bonita Springs; and Whereas, these members are executives in business and professions, conducting same in the proximity of Collier County; and Whereas, these members give many service hours and dollars to the community in the name of Zonta International; and Whereas, Zonta International is a worldwide service organization for executives in business and the professions working together to advance the status of women; and Whereas, Zonta International is composed of 1,176 clubs in 67 countries with more than 36,278 members; and Whereas, Zonta International, organized in Buffalo, New York, on November 8, 1919, is 76 years old on November 8, 1995; and Whereas, Zonta International, by sponsorship of the first international summit on Violence Against Women in June 1995, attended by 250 persons from the U.S. and eight foreign countries, and by its inclusion both in the NGO and government portions of the recent Fourth World Conference on Women in Beijing, China, in August 1995; and Whereas, Zonta International and the aforementioned local Zonta clubs work to improve the status of women through the achievement of human rights for all, good health for all, and the eradication of violence against women. Now, therefore be it proclaimed by the Board of County Commissioners of Collier County, Florida, that the week of November 4th through 8th, 1996, be designated as Zonta International Week. Done and ordered this 5th day of November 1996, John C. Norris, chairman. Mr. Chairman, I'd like to move acceptance of this proclamation. COHMISSIONER HAC'KIE: Second. CHAIRMAN NORRIS: We have a motion and a second. All those in favor signify by saying aye. (Applause) Item #5B EMPLOYEE SERVICE AWARDS - PRESENTED CHAIRMAN NORRIS: We have a few service awards here for our employees as well. First one, for five years with the planning services department, is Stan Chrzanowski. (Applause) CHAIRMAN NORRIS: We also have, from long range planning, Stanley Litsinger with 10 years. (Applause) CHAIRMAN NORRIS: And our next one is Mary Hehlmouer from main library with 15 years. (Applause) Item #5C LLOYD GIFT, ROAD AND BRIDGE DEPARTMENT, PUBLIC WORKS DIVISION, RECOGNIZED AS EMPLOYEE OF THE MONTH FOR NOVEMBER, 1996 CHAIRMAN NORRIS: I'd also like to ask Lloyd Gift to come forward. Lloyd, if you could stand up here and face the camera for us. Lloyd is with our road and bridge department in public works, and he's employee of the month for November 1996. Lloyd has been employed with Collier County for 11 years and consistently receives excellent performance evaluations. He arrives early for work, is productive -- which is good -- COHMISSIONER HANCOCK: We like that, Lloyd. CHAIRMAN NORRIS: -- organized, very observant, and safety-minded. Lloyd has a reputation for excellent customer service -- we also like that -- and successfully responds to citizen concerns. Without any reservations he was nominated and selected as employee of the month for October (sic) 1996. Lloyd, we have for you a letter for your personnel file that says, "Dear Mr. Gift, it is, indeed, a pleasure for us to announce your selection as Collier County's employee of the month for November 1996. This well-deserved recognition is for your valuable contributions to the county through your work in the road and bridge department. This honor includes an exceptional performance plaque, as well as a $50 cash award, which I am proud to present to you. On behalf of the Board of County Commissioners, I offer our sincere congratulations and also our gratitude for your dependability and dedication." (Applause) Item #7A DAVID TURNER OR A REPRESENTATIVE FROM THE IHMOKALEE CHILD CARE CENTER REQUESTING SUPPORT AND PAYMENT OF POWER AND SEWER/WATER CHARGES FOR THE NEXT SEVEN YEARS AT APPROXIMATELY $11,000 ANNUALLY - TO BE PLACED ON 11/19/96 REGULAR AGENDA CHAIRMAN NORRIS: Public petitions. We have two public petitions this morning. I'll remind our petitioners that they each have 10 minutes to present their case. The -- the board of commissioners is not likely to make a formal decision on their petition today, but perhaps may refer it to a regularly-scheduled agenda item sometime in the future. The first one is David Turner. You don't have to take your full 10 minutes, Mr. Turner, if you don't want to. MR. TURNER: Okay. I won't. Thank you for the privilege, ladies and gentlemen of the board of commissioners, for the opportunity to explain in somewhat detail our request in the form of a petition for continued help in our expenses for the utilities we have had over the -- over the years. For the past 32 years, you have helped us with approximately $11,000 a year to subsidize the cost of electricity and sewer. With me this morning are members of the board and staff. I'd like to introduce for just a moment Mr. James Jordan, president of the Immokalee Child Care Center; Mrs. Donald Vining, the background -- Mr. Jordan is a CPA; and Mrs. Vining is experienced in nursing, the profession of nursing; and our executive director, Julia Klarenbeek, who is the new director at the -- at the center with a vast experience in the child care operations, and we're happy to have her aboard. (One person applauding) MR. TURNER: I've got one supporter here. COMMISSIONER HANCOCK: One vocal supporter, anyway. MR. TURNER: One thing I would like to point out is that over the years you have given us a -- very substantial support, and it's been going on -- not in the full amount, but nearly in the full amount -- for the past 32 years. The petition we're asking you to approve this morning is a request to continue that support for the next seven years. And the question may arise, obviously, why seven years? Well, we figure -- our estimate is that by that time we will be firmly situated, stabilized, in the financial picture of the center. As you know, we have just completed a new structure, an ll,000-square-foot building. The children are in it. They have been in there since July 29 of this year, and it's going along extremely well. As some of you know, we are -- have been invited to the dedication services -- ceremonies on November -- Saturday, November 16th, beginning at eleven o'clock. I'd like to point out just one or two things, and that is that we handle -- as of today we are handling approximately 86 children. That's on a daily basis, five days a week, feeding them three meals a day: Breakfast, lunch and afternoon snacks. They are professionally cared for with a trained staff and under the supervision of the executive director of the overall control through the board of directors, of which there are 24. Our goal, of course, is to educate these children, to care for them, and to give them a chance for a fair start in life; and this is extremely important in this particular area, because the children all come from low-income families. We can give them this start with support which we have had from the -- from the -- the county in general. And we have built this building and raised approximately 1.2 million dollars, and this has come from -- not from the government sources as such, the state or the federal, but from local grants through United Way and a host of other very interested groups who feel that the care of these children is ultimately very important. The classrooms -- we have 11 classrooms. The classrooms are manned by, as I mentioned, a trained staff, and we're underway in the positive direction for the continued care of these children. One or two points I would like to express to you so that you understand this is not a plea for something that we do -- have no opportunity to give something back in return. Our wages that we pay the staff members, which amount to about 26 members of the staff, go into the Immokalee area for the most part in the tune of $375,000 a year through wages. In addition to that, we have the wages of the parents who work because we are taking care of their children. I do not have a statistical figure on that, but it's got to be sizable. So we are returning something to the community. We ask that the -- the board give sincere consideration to -- to continuing the supplement of $11,000 a year. We know that the cost is going to be more than that. We feel we can handle it, but if you can get us down the line for approximately seven years, I feel certain that we will be in a position to do our own work in that reflection. If it's possible -- and this is just a sideline on it, but the thought has come to us. If it's possible to make this retroactive to August -- we put the children in in the end of July. If it's possible to do that, it would be great. It's not imperative, but these are the little things that come down the line that we -- we hope you can give consideration to. So in a capsule we're asking for a continuation of your supplement to our -- our costs. We have a budget of well over $500,000 a year, which we have to go out and raise. Every family pays something, but far less than 50 percent of the cost of a child per week, which is $85. This is our story. This is where we stand, and we thank you for the privilege of talking with you this morning. If you have any questions, I'd be happy to answer them. CHAIRMAN NORRIS: I'd like to ask the board if -- if there's consensus to bring this back on a regularly-scheduled agenda. As you all know, we've been doing this for a number of years for the Immokalee Child Care Center, so I think we -- we should bring it back to -- to a decision point. COMMISSIONER HANCOCK: Agreed. Rather than ask the same questions twice, let's just put this on a regular agenda item, and that'll give us the opportunity to meet with the petitioner maybe once more and -- and hear it in finality. COMMISSIONER MAC'KIE: Just -- just one question, I guess, for Mr. Dotrill is, if we've done this for 32 years, why are they even asking us about it this year? COMMISSIONER MATTHEWS: Because they moved. They -- they were -- well, some background on it. The building they were using is owned by the county, and the electricity and water and sewer was billed to the county. They have now built their own -- own facility -- COMMISSIONER MAC'KIE: I see. COMMISSIONER MATTHEWS: -- and the water, sewer, and electric is now in their name. MR. DORRILL: It was not a cash payment, but we paid the utilities on the building. This is something that Ms. Matthews brought to my attention, gee, last spring in anticipation that -- that I don't think they realized the benefit that -- that had been there and the fact that we owned the building, and we always picked up the utilities. They had not anticipated that in their budget. COMHISSIONER MAC'KIE: Well, I certainly want to have the opportunity to continue that, so I -- I want to have a -- MR. DORRILL: In two weeks, Mr. Chairman? CHAIRMAN NORRIS: That's fine. MR. DORRILL: Okay. We'll see you in two weeks. MR. TURNER: Thank you very much, gentlemen and ladies too. Item #7B WAYNE DALTRY REGARDING THE MISSION AND ACTIVITIES OF THE REGIONAL HARBOR BOARD - TO BE PLACED ON REGULAR AGENDA CHAIRMAN NORRIS: Our next -- next public petition is -- is a -- is the iljustrious Wayne Daltry coming all the way down south from North Fort Myers from the Southwest Florida Regional Planning Council where he serves as executive director, and I'm sure he has something very important that he wants to share with us; that's why he's here on a public petition. MR. DALTRY: Thank you very much, Mr. Chairman, members of the commission. While the information is being distributed here, I'd just like to do a personal note to Mr. Dotrill that this election day told me about the aging process when I went into the polls and my son was a poll watcher and demanded to see my identification. So that day is approaching faster than you'll believe. He also said that I was probably too old to be allowed to vote. But I -- I'm here with a group today: Derek Wolfe from staff. I have the chairman of the Regional Harbor Board, Mr. Will White. I have Kevin Dugan, Mr. -- Dr. Ed Beckhorn who are the -- the Collier County representatives on the board. Bob Egan, the harbormaster from Naples is also on the board. What's before you is a -- is an effort -- the Regional Planning -- on a particular component of the Southwest Florida living experience, which is cruising or sailing. Boating has been a major component of our growth and our history. It's on the seal behind you. You have a -- the typical reflection of the pre-20th century common form of transportation, which was there, the paddle boat. But nowadays we have, as part of our recreational experience, boating; and boating is something that, hopefully, doesn't recognize a lot of borders. But in our area we've had a lot of boating growth. We've gone from 40,000 boats in 1970 to over 80,000 boats today. Ten thousand of them can be considered those that are live-aboards, a phrase that has lightning strike some places where you say it; otherwise, it's just a normal act of navigation to spend the night anchored. And in our area we're going to double that number of boats in the foreseeable future just based on population growth. And counties have been trying to protect the health, safety, and welfare of their communities and in many cases have had to pass particular ordinances to restrict or regulate certain activities of boating. The State of Florida has its regulations; the national government has its rights of navigation. And in order to try and make sure that our current boating experience or our future boating experience remain a component of the economy and the recreation that it is as enjoyable, the boaters of Southwest Florida have asked that the Regional Planning Council, DEP, that the West Coast Inland Navigation District, which Collier County is not a member, that the Florida Sea Grant work in partnership with them to come up with a program by which the needs of boaters and the needs of communities could both be met. The first effort was to create the Anchorage Guide, which reflects -- which was developed several years ago, which reflects many anchorages or the most popular anchorages in Southwest Florida. That's included in a map and a handout that I used to bring as a graphic, but it never worked well after I used it as an umbrella one day. And you'll see for your own area -- on this particular map it shows the south end, but you know you're the center of your own cruising grounds. This is an effort that has never been done elsewhere in the United States. We're trying an effort using state, federal, local participation, and the boater participation to come up with a regional umbrella of best boating standards or anchorages and see if all communities can endorse that. In your little package, you have a draft resolution where we indicate that if this approach is agreeable, we would ask you to suspend any boating regulations -- or anchorage regulations that are in conflict in return for which you would have this regional umbrella, which we hope would meet your same needs. If you have specific anchorages where there are particular problems where obviously this umbrella would not work, we even have an example of what we considered a local harbor board approach. Those five parties last year in a -- in a memorandum agreement created the Regional Harbor Board -- which the agreement is included in your package -- and provide for those five members a member from each county, which you have appointed, and a member from a boating community from each county to make up a board of 15 members. That particular board is to serve as a technical assistance and facilitation mediation tool for you to use should you have boating conflicts and you want to consider seeing if mediation between boaters or boaters and shoreline users can work as opposed to having the effort of going through yet another -- developing a specific regulation for a specific issue that then may not be particularly transfertable place to place. So this is our basic program. We're calling it the first step in creating an aquatic equivalent of the Appalachian Trail. The Appalachian Trial is a very well-known recreational hiking, 2200-mile trip, if you do the whole thing, and what's not well known is that it's not a federal program. It's an alliance of local and regional hiking clubs. This harbor board, if it works, becomes in part a keystone of what we hope is an alliance of local and regional boating clubs up and down the coast to incorporate the Keys and Southeast Florida as well as the area shown on the map to the north; so that your boaters would be working within a program where the common regulations expected of navigation -- boaters are applied everywhere in communities through their own efforts and then identify what they need in particular and the services that they provide and this information gets out to boaters. So this is the first step of a five-year program. If it works, by the end of five years you'll be participating in what is a cornerstone of what we hope is the Gulf Coast Cruising Grounds, although we're having a name-that-cruising-ground contest. And if it doesn't work, then it becomes something that is terminated. But this is our first effort in coming to the communities to see if this is the sort of thing that would interest you; and if it does, we would be back at your request to any action item that we would ask some form of this resolution be approved as your endorsement of the program. COMMISSIONER MAC'KIE: I certainly think it's a great idea. I know the City of Naples has already supported it, and -- and I can't imagine it going forward without our participating in it, so I'd certainly like to see it again. CHAIRMAN NORRIS: Do we have consensus to bring it back for an action item? COMMISSIONER HANCOCK: We do. COMMISSIONER MATTHEWS: Certainly makes sense to me. CHAIRMAN NORRIS: Thank you, Mr. Daltry. That was an excellent presentation. MR. DALTRY: Why, thank you, sir. I hope that was a 5.5 or so on the scale. COMMISSIONER MAC'KIE: See you again. CHAIRMAN NORRIS: That was a 5.5 on the scale of 5.6. Item #8A2 RESOLUTION 96-495 GRANTING A REQUEST BY JOHN P. ASHER, P.E., OF COASTAL ENGINEERING CONSULTANTS, INC. TO PLACE FILL MATERIAL ON AGRICULTURALLY ZONED LAND LOCATED IN SECTION 16, TOWNSHIP 48 SOUTH, RANGE 25 EAST, CONSISTING OF APPROXIMATELY 4 ACRES - ADOPTED FOR A THREE MONTH PERIOD WITH STIPULATIONS Okay. Our next item, then, is 8(A)(2). MR. ARNOLD: Good morning. Wayne Arnold, planning services director. This is a request from John Asher, Coastal Engineering, to place fill material and clear exotics from a 4-acre, agriculturally-zoned parcel of land. The site in question is on U.S. 41 North immediately south of the Getmain automotive facility. There are currently -- there are eight mobile homes currently existing on the site. There is a subject code enforcement case against those mobile homes for minimum housing code violations. I understand the property owner has also served eviction notices to those residences. Staff was supportive of the request to place the fill material on the site. There are severe drainage problems, and the site is infested with exotics, and it is well below the grade of U.S. 41. The one thing I would mention, we've typically asked any of these fill requests to be completed within a certain amount of time. We had initially thought 30 days might be a reasonable amount of -- reasonable amount of time given the size of the property; however, given the complications with serving the eviction notices, we think that three months would probably be a much more appropriate time. COMMISSIONER HANCOCK: What -- I read in here that -- retaining existing native vegetation through establishment of terraced areas surrounding each tree at the respective drip line. So I assume that means that what we're not going to see is a site that gets nuked completely and fill is covered on top of it, and we have just a barren landscape on top. I need some -- you know, some level of comfort that we're going to retain, particularly, the vegetation close to the roadway as much as possible. MR. ARNOLD: I -- I think we have done that. The petitioner has assured us that they will create tree wells around each of those trees, and it's primarily pines that -- that are there on the site. A lot of the other vegetation you see is exotic vegetation that will be removed. But we've asked them to install the landscape buffer along the U.S. 41 property frontage as well. One other thing that I would add is that they are intending to put a perimeter drainage system in to contain the water on their site. It is quite a low depression now, and -- and we were concerned that filling it would create some impacts to the south, but they have put in a water management system as well in their design. CHAIRMAN NORRIS: The $25,000 bond will be a part of this agreement? MR. ARNOLD: Yes, sir. CHAIRMAN NORRIS: Any other questions? Public speakers? MR. DORRILL: No, sir. COHMISSIONER HANCOCK: Motion for approval. CHAIRMAN NORRIS: We have a motion for approval. COHMISSIONER MATTHEWS: I'll second. CHAIRMAN NORRIS: And a second. All those in favor signify by saying aye. Opposed? (No response) CHAIRMAN NORRIS: Thank you. Item #8A4 CARNIVAL PERMIT 96-5 RE PETITION C-96-5, REVEREND JOSEPH SPINELLI OF ST. ELIZABETH SETON CATHOLIC CHURCH REQUESTING A PERMIT TO CONDUCT A CARNIVAL FROM NOVEMBER 13 THROUGH NOVEMBER 17, 1996, AT 5325 28TH AVENUE SW, GOLDEN GATE - APPROVED Next item, Petition C-96-5. COMMISSIONER CONSTANTINE: I'd like to make a motion we approve Petition C-96-5. COMHISSIONER MAC'KIE: Second. CHAIRMAN NORRIS: We have a motion and a second for approval. All those in favor signify by saying aye. Opposed? (No response) Item #8A5 RESOLUTION 96-496 APPROVING A JOINT PARTICIPATION AGREEMENT BETWEEN COLLIER COUNTY AND FDOT FOR A FEASIBILITY STUDY OF A COHPUTERIZED TRAFFIC SIGNAL SYSTEM - ADOPTED COHMISSIONER HANCOCK: I think we can make similar work on the next item, 8(A)(5). This is something HPO discussed at length, and I'm going to move approval of the joint participation agreement. COHMISSIONER CONSTANTINE: I'll second your motion. COHMISSIONER HANCOCK: If Miss Jenkins has something to say, I'd love to hear it before '- MS. JENKINS: Yes. Anita Jenkins from your HPO staff. Counsel has advised us to make one thing pointed out to you, and that is on page 2 of the JPA that the reimbursement to the county is totally subject to the legislative approval and appropriation. there might be some slight chance that the county is not reimbursed, but we need to bring that to your attention. Also, we have a resolution on this item to pass out to you, and the resolution is -- simply states that you are in agreement with this JPA, and it authorizes the chairman to sign the JPA. COHMISSIONER HANCOCK: I will amend my motion to include authorizing the chairman to sign the proposed resolution with the understanding that there's always some risk that financial funding may not come through, but this is in the FDOT five-year plan and is to be funded; so I think we're relatively assured that those funds will be available. COHMISSIONER HAC'KIE: Was there a second? I'll -- I'll be happy to -- COHMISSIONER HANCOCK: I believe Commissioner Constantine seconded. COHMISSIONER CONSTANTINE: Yeah. I'll amend it. CHAIRMAN NORRIS: We have a -- an amended motion and second. All those in favor signify by saying aye. Opposed? (No response) Item #SD1 STAFF TO CONTINUE FORWARD WITH IMPLEMENTATION OF THE UTILITIES INFORMATION SYSTEMS PLAN AND COMPETITIVE BID PROCESS WAIVED; HIRING OF VACARRO CONSULTANTS - APPROVED CHAIRMAN NORRIS: Next item, 8(D)(1), recommendation that the -- that the board authorize staff to continue forward with implementation of the utilities information systems plan. MR. YONKOSKY: Mr. Chairman, Commissioners, good morning. My name is John Yonkosky of your revenue services department. Agenda Item 8(D)(1) is a request for the board to authorize staff to continue on a -- a utility information system plan that the board approved some three years ago. And by the way of consideration, the current utility billing system processes approximately 60 million dollars a year in user fees and in impact fees. And in fiscal 1994 the Board of County Commissioners commissioned Coopers & Lybrand to conduct a performance audit of the utility billing process; and after that performance audit was conducted, they came back to the Board of County Commissioners, and the Board of County Commissioners instructed staff to hire a consultant to put together an implementation plan to see what the processes would be and the cost associated with implementing the recommendations from Coopers & Lybrand. COHMISSIONER CONSTANTINE: Mr. Yonkosky, I assume the reason you want to waive the formal competitive process is we've been dealing with Mr. Vacarro up to this point successfully? MR. YONKOSKY: Yes, Commissioner, that is accurate. The COHMISSIONER CONSTANTINE: Mr. Chairman, I'll move the item. MR. DORRILL: No speakers. COHMISSIONER HANCOCK: Second. CHAIRMAN NORRIS: We have a motion and a second for the item. All those in favor signify by saying aye. Opposed? (No response) Item #8D2 INTERIM GOVERNMENTAL SERVICE FEE STUDY DRAFT REPORT PRESENTED. STAFF TO PURSUE OPTION #3 AS OUTLINED IN THE EXECUTIVE SUMMARY AND TO ADVERTISE AN IMPLEMENTING ORDINANCE CHAIRMAN NORRIS: Next item, 8(D)(2), request for the board to review the interim government service fee study draft report. MR. YONKOSKY: Yes, Commissioners. The -- this item, 8(D)(2), is to cover several different areas. One is to have the board review the draft of the interim governmental services fee and the report that is put before you and to provide any modifications as deemed appropriate by the board and the board -- and to have the board discuss collection options, which is -- is an issue that we need board direction on. The -- there were actually four different options that are in there, and I'll go over those in just a minute with you and then to have the board establish a timeline or a timetable for a public hearing on an implementing ordinance. During the budget process for fiscal '97, the board actually instructed staff to include a revenue amount of $927,000 for the pro rata nine-month period, and that -- that is included in there. And in board discussions that revenue was not reserved by the board; so it's part of your adopted funding process. The first feasibility report that went to the board showed that the fees would start when we would begin -- we would begin collecting the fees based on the point of collection process on January 1. The -- there's a package of pros and cons associated with each one of the billing collection points that are in the back of your agenda package, and the first one was -- process that is to bill and collect the interim governmental services fee after the certificate of occupancy is issued. And that would mean that one of your departments, probably revenue services, would end up trying to bill and collect from each one of the entities, both nonresidential and residential, that fee after the CO is issued. And the major concern that staff has with that is that we have no enforcement capability at all, and it would be very hard and very time consuming to collect. The second process was -- identified was to modify the CO process itself, and that was to sort of extend the CO process and put a certificate of completion before the CO, which the builder, developer, would obtain. And then the person that actually was going to occupy the facility would come in and present the -- to get the CO, and we'd collect the money at that time. There's -- CHAI~ NORRIS: Excuse me. The -- the buyer of the property would come in to get his CO separately from the builder? The builders would not do that? MR. YONKOSKY: That's correct. And the -- COHMISSIONER CONSTANTINE: Government bureaucracy. MR. YONKOSKY: Yes. That would -- it would extend the process. Staff is not recommending that. There's -- there's some concern that staff and the community development division has with that. The third process is to collect the interim governmental service fee as a one-time, non-ad valorem special assessment on the next tax bill. That process can be done. The -- there's several different issues that would be required to be addressed, and that would be that you'd have to create a HSTU -- BU before the end of the year; have to make arrangements to monitor, identify, and create a separate roll that will merge with the tax roll at the next billing process; and we would have to go through that process on an annual basis. The county attorney's office is -- would have to verify as to whether or not that process is legal. But it is -- it's a doable process. The -- what staff would like to point out to the Board of County Commissioners is that the involvement of one or more departments would be -- the fact that we would have to keep that information and automate it -- we think that that may be a little bit of an extensive process. And then the statutory requirements for the tax collector would be that the tax collector would receive his commissions, statutory commissions, off of it after it goes on to the tax bill. Thirdly, is that you would permanently set the actual cash flow off for the first year. After that you would be receiving the money every year, but you would actually permanently displace the cash flow for approximately -- up to 11 months for the first year. And finally, is the process that is to collect the service fee at CO, and that is probably the easiest one to implement for -- for your staff. COHMISSIONER MATTHEWS: Collect it how? MR. YONKOSKY: Those are your four options -- COHMISSIONER MATTHEWS: I'm sorry. Collect it how? What was -- MR. YONKOSKY: At CO. COHMISSIONER MATTHEWS: Oh, okay. MR. YONKOSKY: When they come in to pick up their CO, there's generally reinspection fees, other types of items, but they're required to come in and pick up the certificate of occupancy as the final item in occupying the -- the residence. And as the study points out, the occupancy is -- the demand is placed on county services. The actual study itself is -- if the board would like, I can go over the process involved in the study, because this is a study that -- CHAIRMAN NORRIS: Why -- why don't we see what the public speakers have to say on this item. COHMISSIONER CONSTANTINE: Hay I ask Mr. Weigel a question? The -- No. 3 -- Mr. Yonkosky indicated in Option 3 we'd have to hear from our legal staff if that was legal. He said it was doable, but you'd have to brief us on the legality of it. I wondered if you might give us a 60-second-or-less synopsis. MR. WEIGEL: I can do that. Number 3, if we read this correctly, is to collect the interim government services fee as a one-time, non-ad valorem special assessment on the next bill. Is that the -- COHMISSIONER CONSTANTINE: Correct. MR. WEIGEL: -- one you're referring to? COHMISSIONER CONSTANTINE: Yes. MR. WEIGEL: Okay. I have a few -- a few comments to make on that. In fact, rather than location, location, the word is timing, timing. It would not be the creation of an HSTBU, but it would be a -- a benefit unit, an HSBU, if it were to be implemented with use of the tax bill. In the fall 1997 tax bill, it would require the creation of the benefit unit by advertised ordinance prior to December 31st of this year as well as the board would need to adopt a notice of intent to use the tax bill mechanism pursuant to Chapter 197, the Uniform Method as it's called. And that would have to be adopted prior to December 31st of this year, and by statute it requires four weeks advance advertisement. So it can be done, but the timing is -- is critical, since we're in the first week of November right now, to try to implement that for the tax bill mechanism of next fall. Additionally, it would require an agreement with the tax collector and the property appraiser to do the appropriate assessment roll merging and application on the tax bill itself. CHAIRMAN NORRIS: So we better get going if we're going to do that. COHMISSIONER CONSTANTINE: The second question is if the fee -- whatever that may be, if that turns out to be higher than the likely charge would be for an ad valorem tax -- if you have a $50,000, $55,000 home, is there a potential penalty there for the county? Is that an Achilles' heel to this thing? MR. WEIGEL: Well, the -- the risk to the county is the -- the legal ethicacy of the methodology that's adopted. This is not a tax, although arguably there -- there may be an argument that it parallels a tax, because these are properties that are otherwise not taxed in additional value, but would have been caught up if -- if a CO appeared and the statutory requirements of the property appraiser dating January 1st to a given year were in effect. So it's similar to a -- it's similar to a tax in some aspects, but it's not. And, therefore, the scrutiny is clearly an issue. An Achilles' heel, I don't know. It depends on the methodology itself. I've expressed at various times before this board, both publicly and privately, my concerns with the methodology and my agreement with the opinion of Nabors & Giblen that this is not statutorily, constitutionally, or by case law, legal. From -- I continue to work, of course, with the -- with the consultant and the consultant's law firm in this regard, and -- and they have provided you the package they have today. One other consideration in regard to timing if I can backtrack briefly and that is that I have an understanding or have heard that the school board may be interested in a -- an interim government services fee for the school board, although I've had -- I am not aware of any direct requests to the board through a public meeting such as this. If they were to come forward with -- with their own program, they would, as Mr. Yonkosky and the report indicate, require an ordinance of the county commission to go forward with their program. And another question for this board is one ordinance or two if the county goes forward with the program and also goes forward with a -- an implementing ordinance for the school board program. Just a -- a quick off-the-cuff thought is that timing would be important, in any event, if you're going to implement two interim government services fees in one or two ordinances. And the question also in regard to defensibility, if we have one ordinance with -- including both the school board and the -- the county's interim government services fees, if the school board's methodology doesn't pass muster legally but ours does, our ordinance would still go down potentially if -- if there was a successful challenge to the ordinance that incorporates both the school board and the county. Likewise, the same deficiency or potential issue exists if our methodology is incorrect and the school board's is correct and defensible in and of itself. But the board may well want to consider separate ordinances, which has its own set of implementation requirements to get it on the tax bill next -- next fall if that is the -- if that's the mechanism that's chosen. CHAIRMAN NORRIS: Public speakers, please. MR. DORRILL: Yes, sir. I've got three. Mr. Ward. Following Mr. Ward I've got Mr. Rosen. MR. WARD: Thank you, Commissioners. My name is Whit Ward, and I represent the Collier Building Industry Association. First, let me thank you and -- for directing the staff and the staff for working with myself and our association. I think they've been as open as they could be with the strict time schedule that they've been on trying to develop this fee. But I think Mr. Yonkosky has been to our office and -- and talked to members of our association several times, and -- and we've had very open communication, and we're appreciative of that. The -- as we all know, this proposed fee is a replacement, if you will, of a partial-year assessment on our ad valorem tax bill. The reason that we have not been able to have partial-year assessments through our Florida Statutes from our legislators is that a -- primary opponents have included the builders' association -- the Florida Home Builders' Association, the Florida Real Estate Association, and the tax collectors. We believe that if we adopt this interim service fee, if we use the Collection Method No. 3, that we could eliminate most of this opposition. I think we're all aware that -- that Collier County is going to be on the leading edge of adopting this fee. I know that my counterparts in Lee County, Sarasota County, Charlotte County, Hanatee County, and several other counties have told me that their commission is looking at Collier County, tracking Collier County, and -- and intend to adopt this fee if it is adopted here in Collier County. If we adopt -- if we collect -- adopt Collection Method No. 3, we will eliminate the opposition of the builders and the realtors, and we will accustom our tax collector to collecting the fees, thereby eliminating the opposition from -- for partial-year assessments on our ad valorem tax bills from tax collectors. We believe then that our county, that you all, working with the tax collectors, the builders, and the realtors can get what we really need, and that's a partial-year tax assessment. I understand that if we adopt Collection Method No. 3, that it's going to be probably next November before we collect any money; and we need to address that in our budget. I -- if I understand the budget correctly in talking to Mr. Yonkosky, the amount of money that we're talking about at -- compared to our overall budget is maybe a little more than 1/2 of 1 percent or a little less than 1 percent, depending on how you figure it. It -- it's not a real large amount of -- of money compared to what it would do. And as a matter of fact, if we -- let's suppose that we decided to collect the money at CO, at certificate of occupancy, starting January 1. The position that -- that we would find ourselves in with the building industry particularly is that when those contracts were made, there was no provision for -- with their customers in their contracts for this additional money. The fair way to -- to do it would be to assess the fee on any building permit that was issued after January 1, if it is imposed on January 1, and -- COHMISSIONER HAC'KIE: Can I just ask -- the point being if we don't do that, then the builder pays the fee instead of the person having the impact on the system? MR. WARD: Exactly. COHMISSIONER HAC'KIE: Am I understanding you? MR. WARD: That's correct. That -- not only that, but the -- the builder has not built that into his -- into his expenses, and -- and it can be a -- a serious hardship, especially if you have a -- you know, 50 or 60 units that you're talking about. It -- it's a serious hardship to the builder. And so the fair way to do it like we do most other things, ordinances that we adopt -- may I continue just for about a minute? CHAIRMAN NORRIS: No, sir. MR. WARD: Okay. I'm sorry. Okay. So -- CHAIRMAN NORRIS: You're going to continue anyway, Mr. Ward? MR. WARD: No, I'm not. I'm just going to tell you that -- so in closing, I would like you to -- we would recommend that you adopt Collection Method No. 3, and I thank you very much. CHAIRMAN NORRIS: Thank you. MR. DORRILL: Mr. Rosen. COMMISSIONER MAC'KIE: I'm going to have some questions for Mr. Ward about -- at some point in this process. Would you like for me to ask him now or later, Mr. Chairman? CHAIRMAN NORRIS: Now would be a good time since he's standing up on his two feet there. COMMISSIONER MAC'KIE: Okay. MR. WARD: Thank you. COMMISSIONER MAC'KIE: I -- I know that there's been a lot of discussion about -- I mean, this is obviously ripe for litigation if we do it wrong. Our own attorney has given us caution. Can you give us any kind of an indication about what the odds are that we're going to be in litigation with the Collier building industry? MR. WARD: If -- if we adopt Collection Method No. 3, I -- I think the odds are slim and none. If the builders have to collect or pay the fee, I -- I would think the odds are very high. COMMISSIONER MAC'KIE: I guess that's it. CHAIRMAN NORRIS: Thank you. MR. WARD: Thank you. MR. DORRILL: Mr. Rosen, if you would. And then, Mr. Nelson, if I could have you stand by. MR. ROSEN: Good morning. Mike Rosen. I don't want to take a lot of your time up, but we basically support -- or I support what Mr. Ward had said. We're in favor of the fee. We think the county should collect the fee. We think it's a -- it's a fee that is a long time coming. The collection of the fee is the -- is the point that we have an objection to. We would like the fee collected as Mr. Ward said, and that's the stand we'd like to take now. Thank you very much. MR. DORRILL: Mr. Nelson, and then, Mr. Pearson, if I could have you up here ready to go please, sir, as well. Mr. Pearson is your last registered speaker, Mr. Chairman. MR. NELSON: Good morning. Doug Nelson speaking on behalf of myself. We -- we do caution that the building industry is very careful to not take a stand on the fee while as -- which is really the point. There are some builders, though, that will tell you that they are very staunchly against it for a lot of reasons. The collection is clearly the issue. We urge you to look at Recommendation No. 3, because the builders don't want to collect it. I caution you against taking the easy route, which has been presented by staff. And second -- your -- your second option -- I might just point out there was a suggestion made, and we've been to several workshops with staff regarding having the fee being able to be paid by the owner of the home separate of the contractor before CO. While I don't want to confuse the issue, the present -- the -- the current method suggested by staff isn't exactly what I had originally recommended. There are ways to do that, but clearly all our research shows Option No. 3, have a tax collector tax -- collect the tax -- or the fee is the best way to go. I was going to say fee spelled t-a-x, but again, that's not the issue. It's the collection. Thank you. MR. DORRILL: And Mr. Pearson. MR. PEARSON: Bob Pearson here for Collier Building Industry Association, also for All American Homes and myself. We represent the -- a lot of buyers in a first-home buyer market, and we feel that this fee, particularly collected at the time of CO, represents a hardship to them. There are many times where the current garbage fee represents a hard time. An extra hundred dollars is a difficult amount for them to come up with at the time of closing when they've already had to come up with several hundreds or thousands of dollars. So from that standpoint we should look at this -- particularly a fixed flat fee is regressive, and it does penalize these buyers more than others. In addition to that, as has been said before, all of us feel that the -- the issue, once it is passed, if passed, should only be collected with Method No. 3. The others make it very difficult for many of these buyers. Thank you. MR. DORRILL: That's all, Mr. Chairman. COMMISSIONER CONSTANTINE: Mr. Chairman, for the casual observer, I think it's important that we explain this isn't trying to generate some great new source of revenue through a new tax or fee. What we're trying to do is make those people who build a new home or a new building pay their fair share, because the way our law is written right now is, they can get a free ride for almost two years. And when everybody else is paying for all the services in the county, if you're in a new place, you may go as long as 20 months plus and -- and I just think that's important to explain. This isn't some new tax just trying to derive new revenue; it's trying to even the field for everybody who is already paying into it. The new people should be paying their fair share and lowering the existing people's cost. COMMISSIONER HANCOCK: You had asked a question earlier that I think I may have a -- a more detailed answer for regarding what if the tax -- or the -- the interim services fee is higher than what they would have paid in county-wide ad valorem. Well, that first tax bill they would receive is unimproved property plus the interim government services fees. The improvements on the property are not even being added as value; therefore, would not -- would not be taxed under a partial-year ad valorem at the millage rate. So they're receiving an -- a tax bill on unimproved property plus an interim government services fee. So I think that keeps it well below what a partial-year ad valorem or four-year ad valorem would have been. The only concern I have on No. 3, obviously, is we have a $927,000 revenue item in our budget that if we go with No. 3, we're going to go the entire fiscal year without those funds. It, in essence, puts us a year out in the collection of those dollars. I like every single other thing about it. I think we can meet the time frame. I think it opens the door to the partial-year ad valorem argument far further than we could have otherwise. That's not the focus of this, but if that's a -- a side note, so be it. I'm just concerned. How are we going to make up $927,000 worth of revenue, because we have actually budgeted it in this year, this fiscal year? That is the big and only down side to No. 3 that I see. COMMISSIONER CONSTANTINE: I think you're right. It's a down side. I think all the ups require us to move ahead. If we're going to take this step forward, I think that's the best way to do it. Mr. Dotrill, I know, insisted on some huge exorbitant reserve this year anyway, so -- COMMISSIONER MAC'KIE: Barring a hurricane. COMMISSIONER CONSTANTINE: -- assuming that nine twenty-seven doesn't all come due between the first three weeks of this month, then I think we'll be fine, or the first four weeks. CHAIRMAN NORRIS: Is that a motion, then? COMHISSIONER MATTHEWS: You know -- COMHISSIONER MAC'KIE: I'll make one. I -- I move we -- COMHISSIONER MATTHEWS: I'd like to interject something COHHISSIONER HAC'KIE: Okay. COHHISSIONER MATTHEWS: -- before you move not to go with Option 3, and that is, we've -- we've heard the building industry here tell us that the likelihood of their filing suit on this is very, very high if we don't go with Option 3; and I -- I'm not sure what would happen if they file suit. I mean, I -- I presume in January we would begin to collect the money, but -- and, again, I'm not an attorney, but I would think they would quickly follow suit with an injunction to either prohibit us from collecting it or prohibit us from spending it. COHMISSIONER MAC'KIE: My motion is for Option 3, if you're -- COHMISSIONER MATTHEWS: Okay. COHMISSIONER MAC'KIE: -- trying to persuade in that direction. COHMISSIONER MATTHEWS: Yeah, because I -- I think that, yes, we're not going to get the money until next fall, $950,000, but I think if we don't go with Option 3, you're not going to get it anyway. COHMISSIONER MAC'KIE: So I move we go forward with the interim services fee using Collection Method No. 3 as outlined in the staff report. CHAIRMAN NORRIS: Mr. Yonkosky, you had something you wanted to add? MR. YONKOSKY: Yes, Mr. Chairman. Under Option 3 the funds will not be there until starting in -- November 15th of 1997. COHMISSIONER MAC'KIE: We just discussed that. MR. YONKOSKY: Yes, ma'am. And if the -- if that's the direction that you're going, then you do have some other alternatives. You know, you can have -- because what we're going to ask for authorization to do if you choose Option 3 is to put an interest rate on that, because the money -- you provide the services effective when the CO is there. So what we would like to do is be able to -- to charge interest -- COHMISSIONER MAC'KIE: Let's walk before we run on this. You know, that's -- we're stretching -- we're pushing hard enough. We're going against our own attorney's advice at this point. I think if we -- COHMISSIONER HANCOCK: Not all of his advice, just some of it. COHMISSIONER MAC'KIE: Well, I think we should proceed cautiously. I'm not interested in adding interest. COHMISSIONER CONSTANTINE: I don't read this as going against our own attorney's advice here at all. That's not what I heard Mr. Weigel say. And maybe I heard the wrong thing, but I don't hear that at all. COHMISSIONER HANCOCK: Well, I -- I'm going to second the motion and not to -- to add interest. I think this is the first year we're implementing this. Let's go ahead and pursue it. It's going to require the county manager and this board to be very prudent with our reserve use through the next fiscal year, which we are anyway, but even with a finer-tooth comb to go through each individual expenditure, including our fine sheriff. COHMISSIONER MATTHEWS: So we have a motion and a second for -- CHAIRMAN NORRIS: We have a motion and a second. Mr. Dotrill, does this -- or Mr. Weigel, either one -- is this motion inclusive enough to get us where we want to go? I mean, we -- we need to -- we have some time constraints on advertising and -- and doing an ordinance and all that business, so -- MR. DORRILL: You could today authorize both the necessary advertising to create the assessment and the required interlocal agreement with the tax collector, because I will tell you that Mr. Carlton hasn't -- and he doesn't like non-ad valorem special assessments at all; and we'll need to have that resolved and -- hopefully to his satisfaction. CHAIRMAN NORRIS: Okay. But -- but this motion gets us where we want to go, then? MR. DORRILL: If you'll include those two additional things. COMMISSIONER MAC'KIE: The motion certainly contemplates that. COMMISSIONER HANCOCK: Second amends. CHAIRMAN NORRIS: Okay. We have a motion, then, amended and second amends. And I'm certainly going to support this, but I want to make it clear that it's not based on the threat of who may or may not sue, but I just think that this is the -- the appropriate way to go. I don't ever base my decisions on who might sue if we vote one way or the other. But we do have a motion and a second. All those in favor signify by saying aye. Opposed? (No response) COMMISSIONER MATTHEWS: Mr. Chairman, I -- I'd like to comment on your comment. I don't think anybody, especially I, were saying we should base our -- our thought processes on somebody suing or not. We were discussing the reality of $950,000. And based on the probability of suit, we would not have that money anyway. And that's -- that's what I base -- based my vote on. CHAIRMAN NORRIS: Thank you. MR. YONKOSKY: Mr. Chairman, I do need to get a couple other items of direction from the board. One of them deals with -- the county attorney brought it up a little while ago about the ordinance, whether it should be one or two ordinances should the school board come to you, and staff's recommendation -- COMMISSIONER HANCOCK: Well, let me -- let me try to address that right away. I think the school board stands on their own. This is one ordinance. It's our project, and I don't want their progress or lack of to hold us up. CHAIRMAN NORRIS: I think -- I think, Mr. Yonkosky, that I asked the questions that you're trying to get answered to the county manager and the county attorney that -- was our motion inclusive enough to get you where you wanted to go. So -- the answer came back, yes, it was, so '- MR. YONKOSKY: Well, there was a couple of items that I -- I would like to -- COMMISSIONER CONSTANTINE: What was the other item? MR. YONKOSKY: The other item was the City of Naples and the City of Everglades City. Do you want the fees collected inside of those cities? That would require a separate interlocal agreement for us to get together and come back to you. COMMISSIONER CONSTANTINE: I certainly don't see why new buildings in municipalities should be exempted. CHAIRMAN NORRIS: Yes. I think the consensus, then, is, yes, we do. MR. YONKOSKY: All right. CHAIRMAN NORRIS: Thank you. COMMISSIONER MATTHEWS: I would think if the school board wants to participate in this and wants it in the same time frame that we're doing ours, they need to do no more than notify to advertise at the same time and simply enact two -- two separate ordinances at the same meeting. COMMISSIONER HANCOCK: I just didn't want to tie our action to theirs. COMMISSIONER MATTHEWS: No. I don't want to tie it to theirs. COMMISSIONER HANCOCK: It's up to them if they want to do it. COMMISSIONER MATTHEWS: I -- I would just like to say -- to tell -- to let them know that if they want to piggyback on this, they better get started. COMMISSIONER MAC'KIE: So please call Dr. Munz, Mr. Dotrill, and find out if they do. MR. DORRILL: He's ahead of us. He's hired the same consultants you all have. COMMISSIONER MAC'KIE: Figures. COMMISSIONER HANCOCK: They're on their own course. Item #8El RESOLUTION 96-497 APPROVING A PROPOSED BILL TO BE PRESENTED TO THE COUNTY'S LOCAL LEGISLATIVE DELEGATION TO AMEND AND CLARIFY SUBSECTION 367.171(7), FLORIDA STATUTES, TO PREVENT THE FLORIDA PUBLIC SERVICE COHMISSION FROM TAKING AWAY FROM COLLIER COUNTY AND FROM OTHER FLORIDA COUNTIES THEIR CHAPTER 367 JURISDICTION OVER SOME PRIVATE WATER AND WASTEWATER UTILITY SYSTEMS - ADOPTED CHAIRMAN NORRIS: Okay. Our next item should be an easy one. This is a request for the board to adopt the accompanying resolution approving a proposed bill to be presented to the local legislative delegation. COHMISSIONER HANCOCK: Motion to approve. COMMISSIONER MAC'KIE: Second. COMMISSIONER MATTHEWS: This is easy. COMMISSIONER MAC'KIE: Second. CHAIRMAN NORRIS: We're going to try to keep the Public Service Commission from taking our authority to regulate local utilities away from us. COMMISSIONER MATTHEWS: Are they -- are they really doing that? CHAIRMAN NORRIS: Public speakers? MR. DORRILL: I have one who probably is going to support your motion. Dr. Biles. COMMISSIONER HANCOCK: Do you want to talk us out of this? CHAIRMAN NORRIS: Do you want to talk us out of this, Dr. Biles? DR. BILES: No, indeed. Fay Biles. I'm corporate vice-president of the Marco Island Fair Water Rate Defense Committee, and as you know, we were very instrumental in helping the county to take back the reg -- as a regulatory agency. I -- I did want to mention to you that we just got the news that SSU has now appealed the last rate case that we won handily. Now they're appealing it; so we're going to have to go back and do it all over again. But I think it's very important that we support this particular action, because SSU is not going to stop; and I think we have to verify. Also the hearing for the -- by the SSU and the Public Service Commission took place; and the lawyers presented their cases, both sides. We have not had back that order yet; so we don't know how that appeal went. But remember that if the appeal is denied, then we go right back where we were before, and we'll report back to the Public Service Commission. So it's very important that everybody in Collier County, especially Marco and Golden Gate, support this particular action. CHAIRMAN NORRIS: Thank you. We have a motion and a second. All those in favor signify by saying aye. Opposed? (No response) Item #8E2 FUNDING FOR AN EPIC OUTDOOR DRAMA FOR $69,000 TOURIST DEVELOPMENT FUNDS, CATEGORY C - APPROVED WITH STIPULATIONS CHAIRMAN NORRIS: Next item is funding for an epic outdoor drama from tourist development funds, Category C. COHMISSIONER HANCOCK: It's payback time, Mr. Compton. MS. GANSEL: Good morning, Commissioners. Jean Gansel from the budget office. At the October 21st TDC meeting, the council reviewed an application from the Southwest Florida Epic Drama for $69,000 for the development of an epic outdoor drama. The -- the TDC is recommending funding of this event. The vote was 6 to 1. I'd be glad to go into any more detail if you're interested, or the applicant, Mr. Compton, is here; and I'd be glad to respond to any questions. COHMISSIONER MATTHEWS: Ms. Gansel? MS. GANSEL: Yes. COHMISSIONER MATTHEWS: I have a question. Who was the one vote and what was the reason? MS. GANSEL: Mr. Dougherty voted against the application, and he felt that the -- Chairman Norris, if you -- you can support me or change this. If I recall correctly, the reasoning was that there was not -- there would be more people re -- seeing the drama that would be locals as opposed to coming from outside -- COHMISSIONER MATTHEWS: Oh, okay. MS. GANSEL: -- the area. I'm trying to -- to recollect his -- CHAIRMAN NORRIS: Mr. Dougherty's objection, as I recall it, was more directed to the use of these funds to develop a plan, a business plan or -- MS. GANSEL: That was part of it, absolutely. I apologize. Yep. COHMISSIONER MATTHEWS: Okay. COHMISSIONER HANCOCK: Mr. Chairman, I have a -- a question for the petitioner, and I -- I think it's something that we all may be thinking about. We all read in the paper, I think, after the TDC that the funds may be used for -- and what was quoted in the paper, I think, was a feasibility study, where that may not exactly be the case. I have spoke to Mr. Compton about that, and I go back to -- we approved funding for, I think, it was the Naples Institute to advertise, you know, for future -- you know, for people to come for meetings and so forth; and we have also funded for -- for direct events. This would probably be the first time we would assign any funding in the forming stages of something, and I have two concerns. One is, how specific a statement can we make regarding how these funds are to be spent so that this doesn't have an application that everyone with an idea comes to the TDC looking for a way to make it a reality? And the second part of that is, are we baiting the hook and then going to have -- later going to be asked to allocate more TDC funds either for construction or another study or lighting or whatever else may be -- may be the case? So those are the two issues that I would like the petitioner to -- to at least address to give me some -- some comfort level that, I guess, the TDC arrived at. MR. COMPTON: Thank you, Commissioner. Rick Compton with Southwest Florida Epic Drama, and I'll respond to both of those, but you may have to remind me of what the second one is by the time -- COHMISSIONER HANCOCK: Okay. MR. COHPTON: -- I finish the first. I think the first one addresses the issue that -- is this a feasibility study, and -- and are we opening the door for other people to apply for TDC funds for a feasibility study. I think the statement of a feasibility study in the newspaper was a bit misleading. An outdoor drama is extremely feasible in Southwest Florida, in Collier County specifically. We've been working for nine months with the Institute for Outdoor Drama, a department of the University of North Carolina at Chapel Hill, and we are all convinced on our side and theirs that this is a very feasible general location. The feasibility study is actually the foundation of a business plan, and what we're -- when we -- when the word "feasibility" is used, I think we're talking about more in terms -- is one site more feasible than another site? Is one marketing approach more feasible than another marketing approach? So, in fact, what we're talking about is a -- is a high -- more highly-detailed business plan than what you've even been presented with. I -- does that address the first issue? COHMISSIONER HANCOCK: That does to -- to some extent. The second one is, you know, I guess bluntly, will you be back asking for more -- for more money? MR. COHPTON: We do not foresee coming back to you and asking for more money, coming back to the Tourist Development Council and asking for more money. We are seeking significant grant funds from outside Collier County, specifically from the Florida Cultural Arts Facilities Program, the Florida Historical Facilities Program, Florida Power & Light, HCI, and a variety of others to the tune of, perhaps, nearly a million dollars. So in a sense not only are we -- do we not foresee coming back to the TDC for additional funds, but we see the $69,000 that we're requesting here as being a lever which will enable us to bring close to a million dollars into the community that wouldn't come here otherwise. COHMISSIONER HANCOCK: Okay. COHMISSIONER CONSTANTINE: Mr. Chairman? CHAIRMAN NORRIS: Yes. COHMISSIONER CONSTANTINE: And let me preface this -- we sit down -- and -- and I love the idea. I think it has a great deal of potential, and we talked all about that. I do have some concerns, and I think they piggyback on yours in that this seems to be the very first expenditure for a concept, and I -- I'm looking at page 13 of our packet, "The Path From Here" timetable, and the elements include the Institute of Outdoor Drama feasibility, which will analyze the story line, preliminary budgets, and so on. It concerns me that -- and I've read through here. I know you have a basis for a story line, but it concerns me we don't have a -- a story line in -- in some concrete form. MR. COHPTON: Excuse me. COHMISSIONER CONSTANTINE: Let me just -- MR. COHPTON: I'm sorry. COHMISSIONER CONSTANTINE: -- run through them, and then I'll let you tick them off. MR. COHPTON: Sure. COHMISSIONER CONSTANTINE: Preliminary budgets is really a -- a bigger concern for me, and if -- if we're not even into the preliminary budget, let alone final budget stage, that concerns me a great deal. Down on No. 3, under methodology, about three months after the institute team visit, the study will be complete. The study then becomes the backbone of the business plan. So it's not until three months after -- and I think it says in here that they take six or eight months to do that. So we're almost a year from now before there is even a business plan, and -- and I guess it concerns me to release $69,000 to something that doesn't yet have a business plan. And we get down to the bottom of that page, contracts are reviewed and developed; budgets developed; bookkeeping established; the bylaws, charter, and 501(c)3 filings -- it just -- this seems like a -- a knockout idea that I think has the potential to draw a pile of people, and the outline for what you have is great. It seems as though this may be -- the request for money may be premature. It seems like we're the first stop. And I understand what you're saying about leveraging, but traditionally we have for marketing and for advertising are trying to draw people to the area with an existing program or with something that someone is creating on their own; and then we supplement it. We don't start it. And I guess the concern being there's no preliminary budget, there are no bylaws yet, there are no -- so many of those things; and I'm reading from your story line -- I mean from your timetable. But no business plan, and -- and I'm just curious -- you mentioned a number of other sources you either are or will be looking for money. Have -- have you applied to anyone or requested money from any private entities and been turned down at this point? MR. COMPTON: In fact, we've been contacted by them. COMMISSIONER CONSTANTINE: Because what I -- MR. COMPTON: You gave -- you gave me quite a long list to respond to. Shall I start at the beginning? COMMISSIONER CONSTANTINE: Sure. Let me just put a final note on there. This says there is no existing sources of revenue at this time. MR. COMPTON: Right. COMMISSIONER CONSTANTINE: And I'm wondering what sources we've exhausted then. MR. COMPTON: Well, we haven't exhausted any sources of revenue. This plan also was written prior to talking with a great variety of landowners in the area who now are coming forward with offers of donations of land. So it's likely that -- that that would be the first place in which we'd begin collecting money. If I may, I'd like to go back to the first -- the first parts of your -- of your critique. And I can understand why, in sitting in your position, that you may feel that some of these things have not been done. However, there -- let's begin with -- oh, let's say with the story line. We also gave you a package which details the story line in -- in detail on pages 18 -- 17 and 18, I believe. The story line is pretty well determined. We know that Act 1 is about the Calusa. We know that its backbone is the three Spanish contacts with the Calusa. In terms of -- of specific characters that will be developed or -- or emphasis that's weighted towards any one contact as opposed to another contact, those things have not been determined and will be determined with institute help. The second act is very similar. It addresses the third Seminole war; so -- so to say that there's no story line, I think, understates greatly the amount of effort and consideration that's gone into this so far. Second, I believe we talked about the development of a business plan. A detailed business plan includes things like specific media in which this will be advertised, specific media schedules for that advertising, specific salary ranges for specific positions, and things like that. We, in fact, have a business plan so far, and -- and you're in possession of it, I believe. It's -- it's this 30-some-page document -- document here (indicating), and it includes things like -- like a specific budget. If you'll look on page 15, there's a pretty traditional profit and loss statement forecasted. And this is based upon experience at other outdoor theaters in the area -- in the United States, rather. COHMISSIONER CONSTANTINE: And I'm sorry to interrupt, but let me -- let me touch -- you said final business plan would have specific media and advertising plans and so on. MR. COHPTON: Yeah. In other words, we'd buy so many -- so many pages, you know, on such a schedule in the St. Petersburg Times. That would be -- that is a formal business plan. COHMISSIONER CONSTANTINE: Right. And that's -- my point is that I think you're shoring up -- my thought is that if the -- the money -- the way the Tourist Development Council was created and those monies are to be expended are to try to draw people from -- from out of the area, and it will require some advertising and some publicity. And I know that you and I have talked about, conceptually, how all that's going to happen, but it's conceptual, and we have in here probable marketing tactics. MR. COHPTON: I think that's where you and I -- you and I deviate. The -- the marketing methods in terms of defining specific markets, specific penetration, the types of people that will come to there, the frequency of those populations within those markets has been done. How we are going to talk to them specifically and the specific words that we are going to say to them, the ad copy, for example, has not been done. So the copy hasn't been written, but we know very clearly where the people are going to come from. COHMISSIONER CONSTANTINE: Maybe you can point out to me, then, how much -- how much is going to be spent in radio in West Palm Beach, and how much is going to be in that -- MR. COHPTON: Again, those specific media plans haven't been -- haven't been laid; however, I can -- I can calculate that quite quickly given the information here in front of us. If we know, for example, that we're forecasted to do 1.9 million dollars in overall revenue, and our advertising budget is scheduled to be $216,000, then if you'll refer to pages -- COHMISSIONER CONSTANTINE: While I'm referring, what is the source of that $216,0007 MR. COHPTON: The source, the immediate source, is page 13, I believe, is the profit and loss statement that I was talking to you about, and it's also -- COHMISSIONER CONSTANTINE: I assume before you -- MR. COHPTON: -- from -- the Institute of Outdoor Drama has provided history of other outdoor dramas as a model for this. COHMISSIONER CONSTANTINE: That's fine. I'm not asking how you arrived at that number. I'm asking, where are you going to get that cash in hand to spend on advertising? MR. COHPTON: The money -- the cash in hand that will come from advertising is going to come from a variety of locations, none of which will be the Tourist Development Council. Some of those locations will -- will include grants from other sources. Some of those locations might include the collateralization of the land that has been donated to us. You'll notice in here we also have a debt service line laid out, and so we're anticipating some -- carrying some debt. That's where that money -- COMMISSIONER CONSTANTINE: You don't have the specifics of where that two sixteen will come from at this point? MR. COMPTON: We can tell you the general sources, but not the specific amounts from each. And if you'll refer to page 10, we've listed, perhaps, a dozen additional grant sources, all of which we feel at this point we meet the parameters for which they are currently giving grants. COMMISSIONER CONSTANTINE: How many of those have been approved? MR. COMPTON: None have been approved. None have been applied for. COMMISSIONER CONSTANTINE: I guess the -- the point I'm making is -- again, I'm not criticizing the idea, and -- and we've talked extensively on that. But there is a possibility -- hopefully it doesn't unfold this way, but the possibility is that with the study and the engineering and architectural and legal and accounting and administrative are all spent -- $69,000 is spent, and those grants don't come through, or they only partially come through, and you end up with $20,000 to advertise or anywhere -- zero to -- anywhere between zero and two sixteen. I mean, we don't know is -- is the point. And if you can't advertise elsewhere, if you don't have the money to advertise elsewhere, it's going to be very difficult to attract people from elsewhere without that advertising. MR. COMPTON: I would agree. COMMISSIONER CONSTANTINE: So my point is just with -- with the unknowns it seems a little premature. I would like to see you -- and I'll use the golf thing as an example. One of the things that we were criticized on that golf tournament, the -- how the idea was sold to us was all the off-season advertising that would be done for golf packages for people to come here, but there were very few details. And then when we got the details back later, there was Sacramento at 3 a.m. on the cable station and so on, and the board took a great deal of criticism for that. And so I guess for my comfort level -- MR. COMPTON: You would like to know -- COMMISSIONER CONSTANTINE: -- that I would like to have some idea where that's going to be and how it's going to be paid. MR. COMPTON: -- what cities and what times our ads will run in? COMMISSIONER CONSTANTINE: Or at least some specifics and -- and how much -- not how much you'd like to have, but how much is readily available for -- for advertising. And, I mean, I'm an optimist too; and I hope that all $216,000 comes through, but we don't know that for a fact today. And I'm just -- I worry a little about laying money out when the potential exists -- hopefully it doesn't happen, but the potential exists -- we can't advertise it, and you don't draw any money from outside. There are just -- those are unknowns. I think this is a project that we could end up funding. I just think we're premature right now, and there may be a couple other points that you wanted to make on the questions I had raised, but -- MR. COMPTON: I'm not sure I can remember. Which ones haven't I covered? COMHISSIONER CONSTANTINE: Let me ask you a couple things that I didn't touch before. One is you -- you mentioned you've talked with some people about the potential of donating some land. MR. COMPTON: Yes. COMHISSIONER CONSTANTINE: I don't need the specifics of that. You feel fairly confident, though, that you'll have -- you have land at little or no cost? MR. COMPTON: In fact, that confidence is growing, yes. COMHISSIONER CONSTANTINE: I noticed one thing in here. It says, "Land donation is a viable goal due to the amount of agricultural acreage being taken out of production." What's being taken out of production? MR. COMPTON: Agricultural land -- well, I'm -- I don't presume to be an expert in agricultural use or land use in Collier County, but from -- from reading reports in newspapers and researches for -- for other projects that I've worked on, I understand that two factors are taking place. One, that agricultural land is, in fact, being taken out of production in Collier County, particularly with regards to peppers and tomatoes, and that land that is currently farmed -- the citruses dropped last year at the rate of 19 percent. So based upon that and the fact that we see farm land being built upon all the time, I think it's -- it seems clear to me anyway, that it's going out of production. COMHISSIONER CONSTANTINE: Thanks. COMHISSIONER HANCOCK: Some of the -- you're coming from a very similar angle to the very point of discussion I had with Mr. Compton in my office, and my primary concern, however, was to make sure historical revisionists didn't write the script, but -- COMHISSIONER CONSTANTINE: Oliver Stone. COMHISSIONER HANCOCK: Nixon II. But as we went through many of those things, the discussion regarding the fireworks display that we just had at Lake Avalon, which the folks that attended -- I was out of town -- have just raved about. I went back and looked at what was presented to us for a $200,000 expenditure from TDC, and what I saw was less detail than has presented -- has been presented by Mr. Compton. Granted, it was later in the process, but many of the -- the guarantees that you are looking for, that I think we would all rather have in any funding question whatsoever, were not present in that proposal either. We were funding a concept. For all we knew we were going to get five sparklers and a set of fire crackers out there and this thing would not go on. But what we did is we invested TDC funds in something that we felt looked feasible, because if it came off well the first year, it would repeat year after year without TDC funding and would become a tourism draw in the off season. I look at this project in much the same light. The difference is that was 200,000; this is 69,000. The total number of people that this could potentially draw if it comes off is in perpetuity. I did contact -- with the information you gave me, I did contact a couple of the -- the outdoor theaters that do these types of shows and asked them about their -- their fluctuations and season and so forth, and it's with the weather. I mean, you know, it's -- it's -- but the key is that they've been there for year after year after year. And I asked them a failure rate, how many of these have failed, and of the three I talked to, none of them could think of any that had failed. So you know, it's -- it's -- any time we do something like this in the -- early in the process it's a bit of a hedge. I am a little more comfortable with what has been presented in a $69,000 hedge than I was even in -- for the fireworks display and -- and, again -- COMMISSIONER CONSTANTINE: Let me try -- COMMISSIONER HANCOCK: -- it's not going to answer all your questions -- COMMISSIONER CONSTANTINE: Let me try to explain -- COMMISSIONER HANCOCK: -- but that's at least my position. COMMISSIONER CONSTANTINE: -- what -- what I see as -- the difference between those two is in the firework display, there were private funds that were committed. There was a big chunk of money that was a known quantity that was committed. They knew where they were going to advertise. They didn't -- and, again, I don't -- I don't expect you to say, okay, an X inch by X inch in the Tampa Trib, but some vague plan. And -- and we had that. We did have a layout. We had a definite source of funds for how they were going to do it, and the exact same company had a track record of doing this successfully elsewhere. So there were a couple differences, and I don't object to the idea. I think it's a wonderful idea. I think it can and will be very successful. I just don't know that -- if tax funds, even if they're tourist tax funds, should be the very first stop and then try to use that to leverage with all the other unknowns. The difference with the fireworks is with that two hundred you knew for a fact they had committed X number of dollars beyond that, and here we don't have one dollar committed beyond that right now. COMMISSIONER HANCOCK: There was some risk, you're right, to the -- the applicant; and I guess I want to ask you, Mr. Compton, what risk is it to you? I mean, what have you put up personally in this project or as a group have put up to make this board feel comfortable that you have something at risk here other than, you know, losing face if this doesn't proceed? MR. COMPTON: Well, that's certainly something worth -- worth protecting. However, in addition to that, we've probably logged -- including myself, our board of directors, which includes five community leaders, have probably invested -- I don't know, between four and five hundred hours in gathering this information and assuring that this is the proper market location and so on and so forth. So if our work effort, our sweat equity, which perhaps is maybe the most valuable thing that we could possibly donate, has -- has value, I would offer that. COMMISSIONER CONSTANTINE: I've got to ask a question, and I apologize in advance for asking, but of these items that are listed in here totaling 69,000, script development and so on -- two of you have championed this issue. Are -- are you any of those line items? MR. COMPTON: Not specifically, no; generally, yes. Steve and I will be developing the script and the book that will be going along with it, and our royalty agreements will be consistent with -- with national royalty agreements, lower than. In other words COMMISSIONER CONSTANTINE: But the $10,000 fee listed here isn't going to you -- MR. COMPTON: No, not all of it. COMMISSIONER CONSTANTINE: -- or to Steve? Not all of it? MR. COMPTON: A great -- no. A great portion of it goes to the Institute of Outdoor Drama, to service consulting, on the -- on the script development. COHMISSIONER CONSTANTINE: How much of the 69,000 will go to you or -- or Steve? MR. COHPTON: Much less than a third. I'm trying to think of all contingencies. COHMISSIONER CONSTANTINE: So fifteen to twenty thousand, something like that? MR. COHPTON: It's possible, yes -- no. Excuse me. COHMISSIONER CONSTANTINE: No, it's not possible? MR. COHPTON: It appears not to be. COHMISSIONER CONSTANTINE: I'm sorry? MR. COHPTON: It's -- it's not. I was calculating in my head, and I calculated faster while I was talking than I should have. Steve, having the advantage of not having to talk, was able to calculate more accurately. COHMISSIONER CONSTANTINE: So is -- what is more accurate? MR. COHPTON: Perhaps -- yeah, 3,000. COHMISSIONER CONSTANTINE: Do we know which line items those would fall under? MR. COHPTON: Script development. COHMISSIONER HANCOCK: I'm wrestling -- sitting here wrestling with the merits and -- and drawbacks of what's been presented, and I'm also considering the fact that the Tourist Development Council, who we have had a significant rift with in the past as far as agreeing on funding ideas and approaches, did, in fact, endorse this with one -- one member dissenting. COHMISSIONER MATTHEWS: That's unusual too. COHMISSIONER CONSTANTINE: Can I make a suggestion? COHMISSIONER HANCOCK: Sure. COHMISSIONER CONSTANTINE: I -- I don't want to have to vote against this, because I -- I like it a lot. I wonder if it might not make any sense just to withdraw it until the time that one or two of those grant funds that you're applying for has come through so at least there is some other money available. MR. COHPTON: I hear your concerns. First of all, this grant -- other grant applications of the -- I guess there's three things I'd like to say about that. The first thing is that those other grant applications are invariably predicated upon community support, and this is the opportunity to demonstrate that community support. Second, I'll say that of the 100 operating not-for-profit or -- historical dramas around the country, all of them began this way. All of them first gathered money from their community in one source or another and -- and began developing the kinds of things that we're talking about building here. We're fortunate in Collier County that other places don't have -- we do, in fact, have a tourist tax, which is -- which is developed and collected for the -- for the very reasons of -- of developing tourist attractions and drawing tourists. So we're fortunate that we can depend upon that. Other communities often had to dip into general treasuries or -- or find other ways that they could support it. But this is not atypical. As a matter of fact, this is the usual way of doing things to develop an outdoor drama. COHMISSIONER HANCOCK: It sounds like Mr. Compton is asking for us to at least make a decision today one way or the other. With that in mind, I'd certainly -- CHAIRMAN NORRIS: I think we have some other public speakers. COMHISSIONER HANCOCK: Do we? Okay. CHAIRMAN NORRIS: Just one? MR. WEIGEL: There's one public speaker, yes, sir. CHAIRMAN NORRIS: Okay. Call that speaker, please. MR. WEIGEL: Mr. Stan Olds. MR. OLDS: My name is Stanley Olds, and, I guess, in listening to the commissioners up here, I had a lot of answers. But I think the main thing is that the $69,000 is going to be the feed money, and if you do it, then they can get other money. But I don't see why they can't come forward with what money they can collect now, and then present it to you and say, yeah, this is going to be a good deal. But I -- I'm a little confused as to what -- what's it all about. Now, an epic program and that sort of thing can be very good. It can bring more in -- a lot of tourists and so forth, but I'm still a little bit hesitant about saying if we give you $69,000, then we'll collect more. So I'm a little skeptical about this tourist tax and the money that is involved here. Too often people come forward with a lot of good ideas, but they haven't got the basis for private people to put in other money. So I guess maybe that's my objection to it, that they haven't come up with other funding and as Mr. Constantine has brought forth several ideas. And on that basis I -- I'm against this idea, and let it hold off for a while. Thank you. CHAIRMAN NORRIS: Thank you. COMMISSIONER HANCOCK: I'm not going to sit here and say I'm entirely comfortable with everything that's been presented. There are some outstanding questions here, just as there have been on other applications in different forms. I'm going to move approval of the expenditure of $69,000 from Category C of tourist development funds for the purposes set forth before us today with the understanding that no more than $3,000 of those funds can or will be allocated to the -- the presenters, Mr. Compton and Mr. Hart. I think that's an important aspect of this, that the funds go for true development and not for -- for personal finances. And best wishes, because if this thing -- this thing falls short, we and the TDC, if we approve this, are -- are going to be scratching our heads and probably revising a lot of -- of the standards. COMHISSIONER MATTHEWS: I think the history of other historical outdoor drama programs throughout the nation say that there's a high -- high probability that this will be -- be successful, and I -- I've seen these shows. They're -- they're very successful, and they're very well done. And with that I'll -- I'll second the motion. COMMISSIONER MAC'KIE: Just -- before the vote I need to state on the record that I'm advised by the county attorney due to a friendship with Mr. Hart that I should abstain from voting. CHAIRMAN NORRIS: Okay. We have a motion and a second for approval. All those in favor signify by saying aye. Opposed? COMHISSIONER CONSTANTINE: Aye. CHAIRMAN NORRIS: That's approved 3 to 1. Item #8E3 RECOHMENDED PROJECTS WITH CATEGORY A TOURIST DEVELOPHENT FUNDS IN THE AMOUNT OF $556,050 AND CONSIDERATION OF FUNDING $502,500 FOR THE PRODUCTION AND STOCK PILING OF SAND - APPROVED Next item is 8(E)(3), Category A TDC funds. HS. GANSEL: Okay. The TDC, at the same meeting, reviewed five applications for Category A funding. I don't know if you want me to go into detail on the projects. The first four that are listed on your executive summary were approved unanimously by both the City/County Beach Renourishment Committee as well as the Tourist Development Council. The fifth project, the production and stockpiling of beach sand, was not recommended for funding. There was a 5 to 2 vote on that. COHMISSIONER CONSTANTINE: The reason? MS. GANSEL: The reason, the Tourist Development Council felt that it would take as long to transport -- would take longer to transport the sand than to produce the sand and felt as though there was no reason for stockpiling it, since they couldn't disburse it as quickly as it could be produced. CHAIRMAN NORRIS: We do have today some people who are going to give us some more complete information on this, and we may want to reconsider this. I think probably what we should do is go straight to those people who have the new information. MS. GANSEL: That's exactly what I was going to say. COHMISSIONER HANCOCK: For the record, I have no problem with the first four. The one I do want to hear -- MS. GANSEL: Okay. COHMISSIONER HANCOCK: -- some discussion on is the production and stockpiling of beach sand. CHAIRMAN NORRIS: Yeah. The -- the discussion at the TDC went that why would we want to dig it up, put it in trucks, and go over and pile it up somewhere; and then when we wanted to use it, put it back in trucks and drive it to wherever we're going to use it. It seemed like extra work, but we're going to hear today why we would want to do that. MS. GANSEL: I don't know if there are registered speakers. I know Mr. Huber is here, though, to address that. CHAIRMAN NORRIS: Okay. Mr. Huber, then you have some more complete information for us today? MR. HUBER: Yes, sir. Thank you. For the record, Harry Huber representing the office of capital projects. Yes. Unfortunately, when this was presented to the Tourist Development Council, we didn't have some up-to-date and accurate information, particularly relative to those two questions: The production rate and the delivery rate. Subsequently, I have gotten that information. Essentially, the production rate to provide high-quality, beach-compatible sand that will comply with the requirements of the Florida Administrative Code would -- they can produce about 800 cubic yards per day; and at this point, the application is for production of 50,000 cubic yards. So that equates to about a little bit over 60 days to produce that quantity of sand. Then if -- and this application is for the delivery on an as-needed basis or -- primarily on an emergency basis, although we do have several projects that we can use this sand for routine maintenance. For instance, we've got a project planned down on Hideaway Beach where we're going to need about 20,000 cubic yards probably, hopefully, in early spring. But from an emergency standpoint, back when we were closing down on the -- the completion of the -- the beach restoration project, we were contemplating possibly having to haul in sand on -- to complete the project, and when we went through the calculations to that point based on trucking at 12 hours per day, 20 trucks, the 50,000 cubic yards could be delivered to the beach in about 22 days. So I think the information that the Tourist Development Council considered was more or less the opposite of that scenario. But I do have Dr. Stephens available to answer any questions; as well as Mr. Lydon, who's the chairman of Beach Renourishment Committee; and Mr. Blanchard, who's also chairman of the Marco Island Beach Renourishment Committee. CHAIRMAN NORRIS: Well, I think the information that was not presented at the TDC is that this sand needs to be processed and cleaned before it's then loaded into trucks and hauled to the beach, and that was the information that we didn't receive at the TDC level. And that makes a big difference in -- in the way we need to treat this, because if -- if we need to put some sand on in a hurry somewhere, there's a -- there will be a substantial delay in processing and cleaning and drying of the sand before we can put it on down there. So that -- that's the big difference in the presentation. COMMISSIONER HANCOCK: Can I ask you, if we were going -- if we needed 20,000 cubic yards next week, how long would it take to clean, dry, process, and -- and deliver that material? MR. HUBER: Well, basically, at 800 cubic yards a day, in excess of 20 days. COMMISSIONER MAC'KIE: And that's just not satisfactory. I agree. If you didn't have that information at TDC, that explains why the vote went the way it did, because it seems to me this is an appropriate expenditure. COMMISSIONER HANCOCK: Yeah. I came into this today leaning with, you know, why are we going to pick it up, move it, set it down, pick it up, move it again? It's not going to save us any time. But what I'm hearing is, if we need anything of any substantive yardage, it's going to take one, two, three additional weeks; whereas, if we have it stockpiled, then it's as simple as a front-end loader and some dump trucks and off we go? MR. HUBER: That's correct. CHAIRMAN NORRIS: Plus we'll be buying it at a reduced price -- MR. HUBER: Right. CHAIRMAN NORRIS: -- to stockpile it. MR. HUBER: And the other thing is -- and, of course, this application is primarily for the purpose of creating a budget for -- for this function, but we will have to come back with an actual contract, you know, setting out all the details. But, yes, that essentially is the case, that we'll have -- it will be sitting there in a fenced-in area, and all we need to do is back the trucks up and head down the road. COMMISSIONER HANCOCK: I assume that contract will also give this board some assurance that the sand being purchased is the best quality for the money as opposed to just single sourcing this and saying this is the only person we're going to use. I mean, we need to know that there's a reason for the vendor being chosen. MR. HUBER: Right. Well, the reason primarily this is the only approved source of upland sand that we have available to place on the beach -- CHAIRMAN NORRIS: And that's approved by DEP. MR. HUBER: -- and that's already been approved by DEP. COHMISSIONER HANCOCK: Okay. That's what I was asking is, why -- why are we looking at one source? COHMISSIONER MATTHEWS: Mr. Chairman, I have -- I have a question if Commissioner Hancock is finished. COHMISSIONER HANCOCK: I am. Thank you. COHMISSIONER MATTHEWS: When we enacted the third penny in TDC money in order to advance the renourishment project last year, was beach maintenance of this magnitude included in -- in the -- the long-term budgeting that we saw? MR. HUBER: I -- yes, I believe that it was. You know, we've got that spreadsheet that goes out 15 years -- COHMISSIONER MATTHEWS: Oh, that one. MR. HUBER: -- and even at this point in considering this application here, we still have the cumulative fund balance of over 3 million dollars; and I don't -- I don't think this is an adverse impact on paying off the -- the debt within the designated time period. COHMISSIONER MATTHEWS: Well, that's -- that's what my concern is. We enacted that with -- with the idea that that third penny would go away in four years or less, and -- and I just want to make sure that in the spreadsheets that we examined when we did that that this -- MR. HUBER: We certainly did have -- COHMISSIONER MATTHEWS: -- million dollars -- MR. HUBER: -- that money allocated for maintenance purposes, yes. COHMISSIONER MATTHEWS: Sorry. COHMISSIONER HANCOCK: Let's be -- let's be clear on that point. That third penny is supposed to go away as soon as the cost for renourishment that -- that single-phase cost is accrued with that third penny or with the total taxes. As soon as that's accrued, that penny is to go away, and that's four years -- that should be four years or less. MR. HUBER: And -- and that payback schedule has already been established and is included in the spreadsheet. COHMISSIONER HANCOCK: Okay. And we're on track with that spreadsheet? This does not put us outside of that curve at all? MR. HUBER: No. COHMISSIONER MATTHEWS: Well, that's -- that's what -- what my question is, is that this million-dollar expenditure is not going to slow down the process of paying off the debt. MR. HUBER: No, ma'am. COHMISSIONER MATTHEWS: Okay. COHMISSIONER HANCOCK: I'm going to move approval of all five recommended options. COHMISSIONER MAC'KIE: Second. CHAIRMAN NORRIS: We have a motion and a second for -- MR. DORRILL: Mr. Chairman, wait. Mr. Lydon was registered. And in light of the motion, do you still want to speak, Mr. Lydon? (Hr. Lydon responded negatively.) MR. DORRILL: I always ask. COMHISSIONER HANCOCK: A wise man, that Dick Lydon. CHAIRMAN NORRIS: Motion and a second. All those in favor signify by saying aye. Opposed? (No response) CHAIRMAN NORRIS: All right. We'll take a very short break and be right back (A short break was held.) Item #9A RECOHMENDATION TO SETTLE COUNTY'S CLAIMS IN COLLIER COUNTY V. DESIGN STUDIOS WEST, INC., ET AL. COLLIER COUNTY CIRCUIT COURT CASE NO. 96-2180-CA-01-THB FOR $43,000 - APPROVED CHAIRMAN NORRIS: We'll reconvene the county commission meeting. Our next item is 9(A). Mr. Weigel. MR. WEIGEL: Assistant county attorney Michael Pettit will address you briefly. MR. PETTIT: Good morning, Commissioners. Mike Pettit, assistant county attorney for the record. I'm here to present a recommended settlement of a lawsuit that we filed in June against several design professionals related to Vineyards Community Park. There was a mediation of this lawsuit in early October, and at that time, after a number of hours of discussion, we agreed to bring back to the board -- and by we I mean myself and Adolfo Gonzalez of the office of capital projects management and the senior project manager now on this project, George Parker. This settlement proposal is for $43,000, which would be payable to the county within 30 days after approval. Attorneys' fees and costs would be borne by the parties, and that's pretty much it. COHMISSIONER HANCOCK: Mr. Pettit, what's the cost for repairs out there? MR. PETTIT: We have estimated at -- at the -- at this point that we have legal damages or legal damages we can argue about somewhere in the neighborhood of ninety-eight to maybe up -- low hundreds. My understanding is right now we have spent $16,000, approximately, to fix drywall that was damaged. We have spent around $9,000 to repair and actually install some drains and -- and downspouts. Now, that actual work order item was around twenty-four, but the reality is we were going to have to pay for the downspouts had it been properly recommended to be in the specs in the first place by the design professional, which it was not. So we worked that out and came up to a figure of around 9,000; so that gets us to 25,000. There was recently a new work order issued to do what we hope are final repairs of around 42,000. So my numbers are showing 67,000, plus we've paid Law Engineering and more recently Forge Engineering about $4,000 in fees to investigate the cause of the problems and also to begin to prepare to act as an expert if the case were to be tried. COHMISSIONER HANCOCK: So we have 71,000 more or less out there. We're recouping forty-three, and this is a good deal? MR. PETTIT: In my opinion, it is for a couple of reasons. I do think that, obviously, we have two and possibly three design professionals involved. There are going to be a lot of defenses. There will be a lot of finger pointing. We think we have a case we can win, but I think it's going to cost us $20,000 or so to win the case; and the damages as you can see, although substantial, are not huge. I mean, $98,000 -- COMHISSIONER MAC'KIE: But if it's 20,000 to win, that gets us -- that's sixty-three; and we still have -- I -- I mean, the math doesn't make sense. MR. PETTIT: Well, I also think that you need to take into account that -- that I've identified about $71,000, I think, in what I would call hard damages. Some of the damages we've asserted, I think -- reasonable lawyers could argue about all day long as to whether they're recoverable. COMHISSIONER MAC'KIE: They're saying that reasonable lawyers is an oxymoron. I just thought I'd be the one to say it. COMHISSIONER HANCOCK: It's -- MR. DORRILL: The other contention that he made is an important one. Errors that are -- are made that are attributable to omissions, even though they -- they may be legitimate omissions, my understanding in -- in trying to deal with architects in particular is that if -- if he forgets to do something that you would have otherwise paid for as part of the original bid on that structure, in this case downspouts as part of the -- an architectural-designed gutter system that is built into this roof, is -- is not something that we can claim. That's something that, perhaps, should have been in the original bid, and -- and -- so I think you need to take that 9800 off of that amount. COHHISSIONER HANCOCK: Mr. Dorrill, what -- let's say we have another park we're going to build and Design Studios West puts a bid in to do the job. Based on this agreement, are they affected in any way in bidding on future jobs in Collier County? You know, obviously my question is, if we have to -- you know if they have a track record, at least one time, of not doing work to a satisfactory level, we should be able to, in my layman's opinion, preclude them from receiving county work until the firm is dissolved, changed, bought, everyone's fired and someone's hired. MR. DORRILL: I don't think that you could ever preclude them from bidding, which -- which was your first question. I think that if we had experienced and intend to go through mediation to resolve a -- what our perspective is -- a design error, I think that we'd want to take that into consideration and the fact that we needed to take it through mediation in order to get it resolved. COHMISSIONER HANCOCK: Yeah. I just don't want to -- if we approve this today, I don't want it to seem that everything's peachy, and Design Studios West can pop back in and do work for the county anytime, because obviously, we don't have a track record that says that's a prudent thing to do with tax dollars. Mr. Weigel, does that process -- and do we have a tracking record that allows us to do that? MR. WEIGEL: I missed just a little bit of Mr. Dorrill's comment, but our purchasing policy itself has several factors that are reviewed with submitted bids, and included is the past work history both with the county and the community. COHMISSIONER HANCOCK: Okay. MR. WEIGEL: So that's something to be taken into account. COHMISSIONER HANCOCK: All right. MR. DORRILL: No speakers, Mr. Chairman. CHAIRMAN NORRIS: No speakers? COHMISSIONER HANCOCK: I'm not entirely happy about it, but Mr. Pettit seems to feel that it's best to cut our losses at this point, recoup what we can, and -- and move ahead and -- with the caveat that past experiences are considered in all bidding processes. So I'm going to move approval of the settlement. COHMISSIONER MATTHEWS: Second. COHMISSIONER HANCOCK: That also includes authorizing the chairman to -- to execute appropriate settlement documents, and it also includes the necessary budget amendment to recognize the revenue. COHMISSIONER MATTHEWS: I'll second. CHAIRMAN NORRIS: Motion and a second. All those in favor signify by saying aye. Opposed? (No response) CHAIRMAN NORRIS: That's unanimous. Item #10A RESOLUTION 96-498 APPOINTING FREDRICK D. MORGAN, II AND VIVIENNE JOHNSON NIEHAUS TO THE BLACK AFFAIRS ADVISORY BOARD - ADOPTED Next item, 10(A), appointment of members to the Black Affairs Advisory Board. COHMISSIONER HANCOCK: Mr. Chairman, I believe we have more than two vacancies; we have two applicants. I do understand the Black Affairs Advisory Board has revised their -- their recommended list; however, I'm going to move Fredrick Morgan and Vivienne Niehaus to be appointed. COHMISSIONER MAC'KIE: Second. CHAIRMAN NORRIS: Motion and a second. All those in favor signify by saying aye. (Unanimous response) Item #10AA DISCUSSION REGARDING COHMISSION TRAVEL MONEY - DISCUSSED AND COHMISSIONER MATTHEWS TO SEEK LEGAL OPINION COHMISSIONER CONSTANTINE: Mr. Chairman, this next item I had put on -- I've got -- had conversations with one of the taxpayer groups and a couple of individuals and went as far as Carl Loveday asking me about it last week; so I thought it best to put it on the agenda. And that is Commissioner Matthews and the Leadership Florida funding, and what I told Carl is -- was I'm not that worried about Commissioner Matthews doing the right thing. We -- what I don't want to see is this become the Rich King topic of the week. The last couple of weeks I've enjoyed working with Commissioner Matthews, and I don't need -- I don't think she needs that nonsense on the radio and -- or anywhere else for that matter; and I just wanted to -- I don't know how much discussion's necessary on it, but to get some confirmation that taxpayers aren't paying for a program through next June and -- but, however, obviously there's some benefit on the front end and whatever that pro rata share is. COHMISSIONER MATTHEWS: I've been working with the clerk's office on this since shortly after September the third. In view of the rumored discussions that were going on shortly after that period of time as well, I asked the clerk's office to obtain for me a legal opinion, because now it became a question of precedence in diminished office if we were going to have a Board of County Commission retroactively decide that there was no -- no longer a public purpose in the expenditure of money when there was a public purpose at the time it was spent. That legal opinion I received yesterday at 4:45 in the afternoon, and I am reading it. I'm digesting it, and I will be talking with Mr. Weigel about the other concern that I have on this. I -- I regret that this has become a public issue. Frankly, because of the public purpose of the original expenditure and the -- what appears to be a decision that, perhaps, a public purpose ends at a specific point in time, it just makes it very, very difficult to quietly do what I had otherwise decided to do. And now I need to get additional legal opinions to be certain that there's not a precedent being set and -- and further diminishing any officeholder in this county. So I will pursue that, and certainly as time goes on and these -- these questions are answered, what is the right thing to do will be done. That I can definitely assure you. COHMISSIONER CONSTANTINE: And I guess that's all I'm looking for. And, unfortunately, in public life perception is reality, and that's -- I don't want you getting crucified on the Rich King Show or on any of the other programs. COHMISSIONER MATTHEWS: I've been crucified many times. COHMISSIONER MAC'KIE: Been there, done that. COHMISSIONER CONSTANTINE: What -- COHMISSIONER MATTHEWS: Been there, done that. COHMISSIONER CONSTANTINE: What's legal and what's right aren't necessarily always the same thing either, and I understand your point in trying to have legal precedent here; and at the same time the concern as it was expressed to me from -- particularly from the taxpayer group was that the program goes on well into next year after you've left office. COHHISSIONER MATTHEWS: It -- I find it quite strange that the taxpayer group who approached you failed over the last eight weeks to speak with me at all about this and -- and get some determination of what my plans were. As I said, the rumors were going, they were coming back to me third and fourth hand, and it's at that point that I had asked the clerk's office to get me a legal opinion on it, because I think it's very, very important that a public official not succumb to -- to undue pressure and somehow diminish the office that -- that's being held. COHMISSIONER CONSTANTINE: I don't think anybody's talking about diminishing the office. I have a copy of the memo, and it says -- the final line just before the conclusion says, "Obviously, if the county has prepaid any travel expenses beyond her term of office, these should be reimbursed." And I don't think that can be any clearer. I participated in the Leadership Florida program, and the majority of the expense in the Leadership Florida program is the hotel and food that is provided for each three- or four-day weekend. And -- and so all I'm trying to do -- and apparently we're going to have a debate on it. I -- I thought it was going to be a simple answer, and -- and the question was, there's a -- a program -- next week, I think, is the second one, and the third one's in January and two months after that and, again, two months after that; and -- and you're leaving office in a couple of weeks. And as it was presented to me, the concern is, and I share the concern, that taxpayer money be paid for a program six months after you've left office. And -- and I think the legal opinion is fairly clear. If you had it yesterday, I assume you've read it. And I just -- that's why I -- I didn't assume there would be any question after seeing that. I just would like to get some commitment from you today. COHMISSIONER MAC'KIE: What is the legal issue? I mean, it -- it sounds like you're concerned that you -- if you refunded the money you could be hurting us somehow? COHMISSIONER MATTHEWS: Future precedent-type -- type issues. That -- that to me at this point is -- is what the legal issue is. The money in question is considered tuition, and the -- the conclusion Mr. Pickworth reached, to me, definitely says that the tuition should not be required to be refunded. And as I say, up -- up until a month ago, it was quite clear in my mind, the discussions Mr. Bright -- Mr. Brock and I were having, and then the waters became muddied very quickly. But with that in mind, with -- with all due respect, I will be conferring with David Weigel about this opinion and to get further interpretation on it. COHMISSIONER HANCOCK: And just -- just so this doesn't appear to be a -- if you will, a contest of two, I have been -- you know, people have called me on this issue. I became aware of it shortly after the primary, and in deference to you, you know, I have -- have not taken any action whatsoever. But I find it unfortunate that a legal opinion is required. If you, as an individual commissioner, feel that there is a course of action that is fair and just to the taxpayer and you take that course of action, it doesn't set any precedent whatsoever. It's an individual decision that you feel is -- is right and fair and is viewed as that. However, by requesting legal opinion on this, it, to me, seems an unnecessary step. I personally feel that if I -- if two years from now, I have a -- an FAC legislative conference that's scheduled after the election and I'm not reelected, those costs need to be reimbursed if I plan on attending that. CHAIRMAN NORRIS: Is this your way of announcing your campaign? COHMISSIONER CONSTANTINE: Hypothetically. CHAIRMAN NORRIS: It's strictly hypothetical. COHMISSIONER HANCOCK: I -- I just -- I think asking for a legal opinion is -- is -- appears to be seeking backing for something that doesn't seem to be right in the first place. So like Commissioner Constantine, I had hoped to avoid a -- a us-and-them or -- you know, type of discussion that we're having. But the bottom line is, I think if you ask the average person should a partial reimbursement be made by you for that part of the program that extends beyond your term of office, the answer appears to be yes without having to set legal precedent. I think that's what you had come to originally. But by asking for the legal opinion, we're spending the clerk's time and money on something that is just a question of doing what, I think, most people would say is -- is the right and prudent thing to do. COHMISSIONER CONSTANTINE: And frankly, I don't think you're going to find a lot of taxpayers argue with you if you decide to give money back to the general fund. COHMISSIONER MATTHEWS: I'm sure I won't. COHMISSIONER HANCOCK: So I would just -- I would just ask -- so it's up to you to do one way or the other, but I -- you know, follow your instincts. COHMISSIONER MATTHEWS: And I would -- I would suggest, then, that you allow -- allow me to go through the process of making sure that the office of the County Commissioner for District 5 maintains its integrity. I would expect that won't take more than another week. COHMISSIONER CONSTANTINE: I think the best way to maintain the integrity would be to return the money to the taxpayer. Item #10B RESOLUTION 96-499 APPOINTING HERBERT H. NOREN TO THE AIRPORT AUTHORITY - ADOPTED CHAIRMAN NORRIS: Okay. Next item is 10(B), appointment of member to the Airport Authority. COHMISSIONER CONSTANTINE: Mr. Chairman, if you recall, one of these folks had some difficulty with the Airport Authority in the past, and I'd like to go ahead and nominate Herbert Noren. COMMISSIONER MAC'KIE: Second. CHAIRMAN NORRIS: We have a motion and a second. All those in favor signify by saying aye. Opposed? (No response) Item #10C RESOLUTION 96-500 APPOINTING GARY WRAGE TO THE COLLIER COUNTY PLANNING COMMISSION - ADOPTED CHAIRMAN NORRIS: Next item, 10(C). COMMISSIONER MATTHEWS: Mr. Chairman, it's nice to see that finally for the remaining part of District 5, mainly Golden Gate Estates, North Naples, Everglades City, etc., we can finally have a Planning Commission member that does not come from Immokalee. This is the first time this has happened since the two Planning Commissions were combined, and that adjustment was made in our code in 1993. I would like at this time to make a recommendation for Gary Wrage to be appointed to -- to the Planning Commission. COMMISSIONER HANCOCK: Second. CHAIRMAN NORRIS: We have a motion and a second. All those in favor signify by saying aye. Opposed? (No response) Item #10D RESOLUTION 96-501 APPOINTING JEFF SCHOENFELD AND WILLIAM SNAPP TO THE HEALTH PLANNING COUNCIL - ADOPTED CHAIRMAN NORRIS: Next item, 10(D), Health Planning Council. COMMISSIONER CONSTANTINE: Mr. Chairman, I'd like to nominate Jeff Schoenfeld under the consumer. CHAIRMAN NORRIS: Miles Drake? COMMISSIONER CONSTANTINE: Miles Drake, that's fine, Miles Drake under the healthcare provider. CHAIRMAN NORRIS: We have a motion, then, for Jeff Schoenfeld and Miles Drake. COMMISSIONER HANCOCK: I -- I'm sorry. I'm not -- I don't have a problem with Jeff Schoenfeld. I'm -- I'm looking at Miles Drake. I don't -- I didn't read his resume. I apologize. I was just -- I was ready to -- to support Bill Snapp. At least until we get another large-scale healthcare provider in town, NCH does play a rather large role in -- in that part of the community. So I was leaning towards Bill Snapp. COMHISSIONER MAC'KIE: I -- I join you in that. I would like to see -- COMMISSIONER CONSTANTINE: Do you want to take them separately? We'll do the consumer first and then -- COMHISSIONER HANCOCK: That's fine. CHAIRMAN NORRIS: Consumer first. We have a motion. Do we have a second for Jeff Schoenfeld? COMHISSIONER HANCOCK: I'll second. CHAIRMAN NORRIS: We have a motion and a second for Jeff Schoenfeld. All those in favor signify by saying aye. Opposed? COMHISSIONER MAC'KIE: Aye. CHAIRMAN NORRIS: That's 4 to 1. COMMISSIONER HANCOCK: For the -- the second position, I -- someone had already intended to make a motion for Miles Drake. I don't know Mr. Drake at all one way or another, and I've at least listed why I think Bill Snapp would be a good appointee. If it's not contrary, I would like to appoint Bill Snapp. COMHISSIONER MAC'KIE: Second. CHAIRMAN NORRIS: My -- my opposition -- I'm going to vote against this, and my opposition is that this is the -- the one that we had the difficulty with -- the board that we had the difficulty with, not -- not the person, but the board that we had the difficulty with some weeks ago is -- why we readvertised to bring it back up here was because we didn't feel it was proper to have the council appoint its own members, which was what was happening in the past. And, therefore, I'd like to send the message that's not what we want to do, and we would like to pick our own; and that's why I -- I'm going to support someone else and for no other reason. COMHISSIONER HANCOCK: Understood, understood. COMHISSIONER CONSTANTINE: It appears Mr. Hancock's own is Bill Snapp. COMHISSIONER HANCOCK: Yeah. CHAIRMAN NORRIS: Okay. We do have a motion and a second for Mr. Snapp. All those in favor signify by saying. Opposed? CHAIRMAN NORRIS: Aye. And that takes care of that one. The next one -- now you guys have got me going here. I'm starting to not be able to talk here. COMHISSIONER CONSTANTINE: The healthiest board in America. Item #10E RESOLUTION 96-502 APPOINTING HARK LAMOUREUX, DONALD G. ASHE AND MICHAEL SIHONIK TO THE ENVIRONMENTAL POLICY TECHNICAL ADVISORY BOARD - ADOPTED CHAIRMAN NORRIS: The next one is -- COHMISSIONER CONSTANTINE: Mr. Chairman, there are three vacancies and three people. I'll nominate -- or I'll make a motion that we fulfill -- or fill those terms -- I can't quite speak -- with each -- with all of those, Mark Lamoureux, Donald Ashe, and Michael Simonik. COMMISSIONER HAC'KIE: Second. COMMISSIONER MATTHEWS: Second. CHAIRMAN NORRIS: Three and three? COMMISSIONER HANCOCK: I -- I -- I'm not -- I guess I'm not going to oppose, but we have had discussions in the past about those individuals that are strongly affiliated with organizations in town not being able to separate themselves and their expertise from that organization's policy and position. And I -- I think we had actually made those decisions in the past, and Mr. Simonik appears before this board regularly representing the Conservancy, is paid by the Conservancy. I like his -- his technical background, but I just question whether we should place individuals so closely affiliated with organizations on there. CHAIRMAN NORRIS: Do they have the independence to -- to vote other than the -- COMMISSIONER CONSTANTINE: I think it's a genuine concern. The only reason I'm supporting him in my nomination is we advertised for three members, and we got three members. Unless someone is grossly unqualified, we traditionally don't -- but I agree with you wholeheartedly, and I think that needs to be monitored to make sure they are separated. COMMISSIONER MATTHEWS: So we have a second for the motion? CHAIRMAN NORRIS: Do we have a second? COMMISSIONER HAC'KIE: Yes. CHAIRMAN NORRIS: We have a motion and a second. All those in favor signify by saying aye. Opposed? CHAIRMAN NORRIS: Aye. COMMISSIONER HANCOCK: Aye. CHAIRMAN NORRIS: That one passes 3 to 2. That was Norris and Hancock. COMMISSIONER CONSTANTINE: Motion to reconsider. CHAIRMAN NORRIS: We have a motion to reconsider. COMMISSIONER CONSTANTINE: I'll drop the motion. CHAIRMAN NORRIS: Motion withdrawn. Item #10F RESOLUTION 96-503 REAPPOINTING RITA AVAOS, DORCAS F. HOWARD AND CHERRYLE THOMAS AND APPOINTING MICHAEL S. GARRETT, JR. TO THE IMHOKALEE BEAUTIFICATION MSTU ADVISORY COMHITTEE - ADOPTED 10(F), appointment of members to the Immokalee Beautification MSTU Advisory Committee. COHMISSIONER MATTHEWS: We're appointing three members? CHAIRMAN NORRIS: We have four -- COHMISSIONER MATTHEWS: We have three members and four -- we have four vacancies and four applicants. I make a motion that we approve the applications of Rita Avalos, Dorcas Howard, Cherryle Thomas, and Michael Garrett. COHMISSIONER MAC'KIE: Second. CHAIRMAN NORRIS: Okay. Who gets the one-year term? COHMISSIONER MATTHEWS: Why don't we just have them draw -- draw straws? CHAIRMAN NORRIS: For the remainder of the vacant term? MS. FILSON: The reappointments are usually done for full terms, and then the -- the remainder is to fill the remainder of the vacant term. COHMISSIONER CONSTANTINE: I like Bettye's suggestion of COHMISSIONER HANCOCK: Yeah. We've -- we've done that on the Government Productivity Committee. Why don't we just ask that they decide amongst themselves which one of the four will fulfill the one-year term and communicate that back to you, Miss Filson. I think that was the intent of the motion. COHMISSIONER MATTHEWS: It certainly was. CHAIRMAN NORRIS: Do we have a second for that? COHMISSIONER HANCOCK: I thought we did but I'll second. CHAIRMAN NORRIS: Motion and a second. All those in favor signify by saying aye. Opposed? (No response) Item #10G DISCUSSION REGARDING LOBBYING COALITION - ADMINISTRATIVE ASSISTANT FILSON DIRECTED TO CONTACT OTHER COUNTIES REGARDING THEIR INTEREST IN CONTINUING HOUSING ARRANGEMENTS CHAIRMAN NORRIS: 10(G), discussion regarding Lobbying Coalition. COMMISSIONER HANCOCK: Who put this on the agenda? CHAIRMAN NORRIS: Yeah. Who put this on the agenda? COMHISSIONER MATTHEWS: I didn't. HS. FILSON: Commission Norris, you asked me to put it on the agenda for discussion. CHAIRMAN NORRIS: This was at Miss Filson's request to see if we were going to do it. I think Lee County has indicated they're not real hot on the idea. COMHISSIONER MAC'KIE: I'm not. CHAIRMAN NORRIS: I don't know if they're going to continue it or not. Charlotte County has not really participated in the past, have they, to any degree? COMMISSIONER HANCOCK: They've -- they've gone up there. The real question is, this board -- and I don't remember. I -- I was in -- on the -- in the dissenting on this, but this board put in our budget the $5,000 for the apartment, and that was this board's statement that we would participate. Has Lee County said that they will participate financially? HS. FILSON: I haven't contacted them. That's usually done through a tri-county meeting. COMMISSIONER HANCOCK: If any one of the other participants choose not to do it, then, obviously, we're not going to foot the bill. COMHISSIONER MATTHEWS: Then obviously we can't, yeah. COMHISSIONER HANCOCK: So unless there is -- you know, I still feel that on a limited basis -- we may have a tough time getting a hotel room, but if you schedule wisely, you can get up there and back and do most of your meetings in one day. CHAIRMAN NORRIS: Why don't we do this: Why don't we direct Hiss Filson to -- to write a letter to the other two commissions and ask for their indication of interest for this year and bring that back, and then we'll see how we go from there. COHMISSIONER HANCOCK: Yeah. Let's find out if they're going to participate first. CHAIRMAN NORRIS: Because like -- like you say, if any one of them drops out, we should drop out and just do it ourselves. COHMISSIONER HANCOCK: But the statement from Hiss Filson based on our budget discussions are that we have budgeted those funds for this year; so I guess we are in on the forefront. CHAIRMAN NORRIS: We can always turn that back to -- COHMISSIONER CONSTANTINE: Doesn't force us to spend it. COHMISSIONER HANCOCK: Right. Exactly. CHAIRMAN NORRIS: Okay. COHMISSIONER MATTHEWS: And now it's only $952,000. CHAIRMAN NORRIS: The next one, 10(H). This is concerning the change in boundaries for the mosquito control. COHMISSIONER HANCOCK: I received a lot -- and I'll say a lot meaning, in this case, you know, maybe 15 or 20 letters opposing this boundary expansion. I don't know if all those letters have been made a part of the record. If not, I'll certainly go back and -- and pull those from, at least, my individual file to make them a part of the record. If you'll make a note of that, Miss Filson, to do that. COMMISSIONER CONSTANTINE: I'll -- same thing. COMMISSIONER MATTHEWS: I -- I have two letters in front of me in opposition plus phone messages from one, two, three, four other persons, which I'd be happy to make a part of the record. COMMISSIONER HANCOCK: Okay. CHAIRMAN NORRIS: Who's item is this? MR. DORRILL: This is the Mosquito Control District's. The statutes require that they forward a petition to you. Miss Brooker is here, and I also see Dr. VanEssen. They'll make a presentation and answer any questions. Item #12C1 ORDINANCE 96-67 AMENDING ORDINANCE 93-39 AS AMENDED, RELATING TO THE DOVE POINTE COMMUNITY DEVELOPMENT DISTRICT, REQUESTING TO CHANGE THE NAME OF THE DOVE POINTE COMMUNITY DEVELOPMENT DISTRICT TO THE HERITAGE GREENS COMMUNITY DEVELOPMENT DISTRICT - ADOPTED COHMISSIONER MATTHEWS: Mr. Chairman, it's 11:30, and I have an 11:45 lunch -- speaking engagement; and I'm going to have to leave within a few minutes. COHMISSIONER CONSTANTINE: Do we need four for the ordinance amending Dove Pointe? Maybe we could do that ahead of time. CHAIRMAN NORRIS: We do need four? Why don't -- Ms. Matthews has got to go. We need four on this next one. Why don't we just skip to that, and we'll be right back for yours. MS. BROOKER: Oh, the next one? CHAIRMAN NORRIS: Yes. MS. BROOKER: Oh, okay. CHAIRMAN NORRIS: Okay. We'll move ahead to 12(C)(1). This is an ordinance amending Ordinance 93-39. It has to do only with a name change. COHMISSIONER HANCOCK: Motion to approve. CHAIRMAN NORRIS: Let me close the public hearing. COHMISSIONER HANCOCK: I'll move approval of the item. MR. DORRILL: No speakers. COHMISSIONER MATTHEWS: Second. COHMISSIONER MATTHEWS: Do we have a speaker? MR. DORRILL: No speakers. CHAIRMAN NORRIS: We have a motion and a second, then, for approval of this. All those in favor signify by saying aye. Opposed? (No response) Item #10H RESOLUTION REQUESTING A CHANGE IN BOUNDARIES FOR THE COLLIER COUNTY MOSQUITO CONTROL DISTRICT - DENIED COHMISSIONER CONSTANTINE: We may get through this. COHMISSIONER MAC'KIE: Hay I ask a question before you call the Mosquito Control District? I don't know, Commissioner Matthews, if you have any opinion about this reconsideration possibility on Main Street that I wanted to bring up, but -- COHMISSIONER MATTHEWS: Well, I -- I voted in the minority when it came before us the first time; so I would certainly be in favor of reconsideration. I -- obviously, this board doesn't want to -- want to take a lunch. So if you want to address that now -- because I -- I'm going to be gone until one o'clock, and I'm sure that -- that this meeting is not going to go that long. COHMISSIONER CONSTANTINE: Well, in fairness to the people here for the mosquito control item, I hate to keep taking them back behind everything else. COHMISSIONER HANCOCK: Well, the motion to table or continue is always available to you if that item comes up and you see other avenues of support for it. COHMISSIONER CONSTANTINE: Actually not, because we've got a time frame for reconsideration. COHMISSIONER HANCOCK: Okay. Those avenues are not available to you if you see other signs of support. Thank you. I forgot about that. CHAIRMAN NORRIS: Miss Brooker, if you would, let's go ahead with your item. Sorry to '- MS. BROOKER: That's okay. CHAIRMAN NORRIS: -- make you wait there that 60 seconds. MS. BROOKER: That's okay. Good morning. I'm Jeanne Brooker, chair of the Collier Mosquito Control Board, which is incorrectly listed on your -- we're not the Collier County Mosquito Control Board. We are the Collier Mosquito Control District. And I'd like to introduce the commissioners that are here this morning with me: Commissioner Blanchard, Commissioner Geroy, Commissioner Page, and our director, Dr. VanEssen. Why we are here. We are asking your approval to expand the district 3 miles east of the current boundary, which is 1 mile east of 951. This action was approved by our board meeting on September 25th, and I'd like to read the motion to you. Quote, to expand the district boundaries further into the Golden Gate Estates area for mosquito control services to begin in fiscal year 1997/98 excluding the CREW Trust lands and to assure residents that; one, we will monitor mosquito population so that spray missions are made only when vital to the health and welfare of the residents; and two, alternative measures such as larvae sighting with Bti will always be given first consideration. That was our motion, and that was passed at our meeting on September 25th. We did provide you with a packet and with a resolution, and I'd like to call your attention to the map. There are areas -- the green areas are the areas that would be excluded. These are excluded because they are environmentally sensitive. The Delnor-Wiggins Pass State -- State Recreation area; the Collier-Seminole State Park, which is not in the district; Rookery Bay, Keewaydin Island; and in the proposed expansion area, the CREW Trust lands. I'd like to mention in this regard we have a state-approved management plan that excludes spraying in these areas and that we are regulated by the Department of Agriculture and governed by Chapter 388 of the Florida Statutes. There has been discussion regarding the inclusion of the area north of Immokalee Road that is currently undeveloped. You may recall, because you've approved it, two golf courses are being constructed there now, and a residential area is planned in the very near future; so we thought that we should do this all at once rather than come back later when we've got requests to expand further north. But it is our intention to not service that area until population figures warrant it. So we're just including it at this time, and when the population figures warrant it, we will -- it would be in the district. I'd like to just briefly review the history of this matter. We got a request from Commissioner Matthews in July of 1995 asking that we consider this. We got, in December of '95, a 17-page petition that we consider this; and we had a presentation in November of '95 by the Golden Gate Civic Association to our board. And after that meeting in November of '95, it was at that time we made the decision to proceed with the study whether expansion was feasible and desirable. The staff analyzed data from the property appraiser's office. They made analyses and determined that the area we are presenting for expansion today can be serviced with our current resources; that is, staff, planes, and helicopters. So we are not anticipating any expansion of our own resources due to this expansion. The area to be included is very similar to land areas within the existing district. We're not talking about the -- it's just a natural continuation of that environment. We have had light traps on the border of this area for a number of years; so the staff has been able, on the basis of those light traps in the bordering areas, to make some judgments regarding the nature of the kind of control necessary. Following that determination that it was feasible and viable for us to expand the district, we did send a letter out -- and this is in your packet -- on October -- August the 15th to the 1,770 voters in that -- in the proposed expansion area; and that request was for negative comments. This letter was never intended as a straw vote. The intent was to see what the concerns were of the residents who might be opposed. We had -- we felt we had sufficient input from the people who wanted it. COHMISSIONER CONSTANTINE: I don't have a copy of that letter in front of me, but I -- it seems to me it read something '- MS. BROOKER: It's in your packet. COHMISSIONER CONSTANTINE: It seems to me it read something to the effect of, if you don't respond, we'll assume you are in favor. MS. BROOKER: We were asking for negative comments. COHMISSIONER CONSTANTINE: Right. But that's -- that's a little misleading to say if you don't respond, we'll assume you are in favor. Yesterday I was on the radio, and if I had said everyone in favor of this should show up at today's meeting, I guess there aren't very many people in favor of it. I mean, that's -- that's not a very fair way to -- to get a measure. MS. BROOKER: As I say, I -- I don't think we meant to be unfair Mr. Constantine. Our intent was to get negative comments. It was not a straw vote in any way. We felt we had -- and let me say this, that under the statute we have the authority with your approval to expand our district. It does not specify how that is to be done; so -- but we were not trying to be unfair. We really were trying to be fair by saying if you don't like this idea, come forward, because those people who were in favor of it had already been forward. that was the intent of the letter. COMMISSIONER HANCOCK: Believe me, I understand the dangers in floating a question for support, but where -- where I at least would make one recommendation for any of this in the future is not just to registered voters, because all property owners are affected by millage increases, and at least in one unnamed neighborhood where we were looking for a -- a poll of information, we sent first-class mailings to all property owners, because that was a truer, in my opinion, pool of respondents than just registered voters. I understand you're trying to keep costs down. MS. BROOKER: Yes, indeed. COMMISSIONER HANCOCK: But I'll just put that out there so that -- MS. BROOKER: I thank you for your suggestion. COMMISSIONER CONSTANTINE: Again, I just -- MS. BROOKER: You -- you're already -- COMMISSIONER CONSTANTINE: I got to emphasize -- excuse me. I got to emphasize that line, though. If we do not hear from you -- I thank you for pointing out that it's in here. If we do not hear from you, we will assume you are in favor of being included within the district's boundaries and receiving the services. But that's just -- that's not saying, we only want to here from those -- you're assuming that anybody you don't hear from -- if you do a -- a mail survey, the typical response is 3 percent at -- at best. You got 9 or 10 percent response from those -- MS. BROOKER: We got a hundred and forty-one responses, negative responses. COMMISSIONER CONSTANTINE: Right, roughly 9 percent. And then you said you had a few in favor. It doesn't say how many. I don't know if a few is three or four or -- but I -- I think -- MS. BROOKER: Well, we had a hundred and forty-one -- COMMISSIONER CONSTANTINE: It's unfair to assume that the other 1600 are in favor of it, and that's what this letter says. If we don't hear from you, we'll assume you're in favor. You're assuming anybody who doesn't respond is in favor. That's just not a good way to do it. MS. BROOKER: I can only respond to what I said. We were not trying to do a straw ballot, okay? You have in your packet all of the coverage of this in the paper, in the Golden Gate Gazette. We did try to reach as many of the public as possible regarding our action, and we did hold our meeting on September 25, 1996. At that meeting there were nine members of the public who spoke at that meeting. We advertised widely. Two of those nine were favorable. Seven were reiterated concerns that we had already gotten in the mail response; and of those seven, two of those were related to it not including the CREW Trust lands, which we had already excluded. So based on our analysis and by our request to meet the needs of so many residents who had requested this -- and I believe, Mr. Constantine, you had a part in sending that Golden Gate Civic Association to see us -- that we would like to call to your attention regarding some of those concerned to the policy on mosquito control, which is in your packet. And I think if you read that policy, you will see that most of the concerns that the residents raised are really covered by our policy. The first one is, that mosquito control measures should be undertaken only when there is adequate justification based upon surveillance data. So if there are no mosquitoes, we do not -- we do not spray. So that if we -- we've had several light years of mosquitoes, and we don't go out and spray. And we say that they should be integrated to the requirements of the local situation. I'd like to call your attention to No. 3, mosquito breeding sources, whether natural or created by human activity, should be altered in such a manner as to cause the least undesirable impact on the environment. Some of the people who spoke with us had concerns about the water management of that area and some of the drainage problems, and we assured them that if the county is going to address some of those drainage problems in that -- areas, we would like to be helpful in that regard, because some of the breeding areas there certainly are a concern. If we can have source reduction, then that would certainly reduce the amount of spraying. We also, of course, abide by all the applicable laws and regulations, and we strongly believe in the training of our staff. We feel that we have a -- a record of responsible stewardship of our trust from the public and the -- and the environment, and we -- we hold all of those dear. Our policy that we have presented to you is something that we all believe in, the board, the staff, and the residents, I believe. And I know our director carries out that policy. I, therefore, ask for your favorable action on our resolution to change our boundaries as identified in the resolution. And if you have any questions, I have Dr. VanEssen, who knows much more about this than I do, to answer any technical questions that you might have. COMMISSIONER CONSTANTINE: Sure, I have a question. I pointed out 3 percent is normal response for a survey. We had three times that many respond, which means they feel pretty strongly about it. You indicated you already knew that there were a number of people in favor of it. How -- how do you know how strong -- by what do you measure that group of proponents? MS. BROOKER: Well, the petition, the 17-page petition, which was, I think -- we did have the tally on those signatures, 426 tallies on -- on the petition. COMMISSIONER CONSTANTINE: Are you familiar with an article in the Golden Gate Gazette that points out how many of those 420 actually live in this district? MS. BROOKER: Yes, I am. COMHISSIONER CONSTANTINE: How many? MS. BROOKER: Actually, you have it in your packet. We provided it to you. COMMISSIONER CONSTANTINE: I think it was about 39; so there is a huge number of people. Unfortunately, 90 percent of them don't live in the affected area, and that's -- it may be a very good idea. And you're right. The Civic Association inquired and said, "We'd like to explore this idea," and I said, "We don't handle that. Your first stop needs to be mosquito control." MS. BROOKER: Right. COMHISSIONER CONSTANTINE: Unfortunately, I think the process has been flawed. There have been a number of people who opposed it. The petition has 39 names that live in this area that are in favor of it. You have a hundred and forty-one letters that live in this area that are opposed to it. I'm not comfortable putting an extra tax when I haven't had demonstrated clearly that a majority of those people are in favor of it, and -- and you said, "Well, it wasn't intended to be a straw poll." Obviously not -- MS. BROOKER: No, it isn't. COMHISSIONER CONSTANTINE: -- when you assumed that everyone who didn't respond was in favor. That's a horrible way to do a poll and to do government. It's not effective at all. I guess I'd like to see -- perhaps we do a straw poll. Perhaps we let the people decide, but this has been flawed and not intentionally, but the numbers have been flawed; and -- and I just -- I don't think we have enough factual information here that supports that the majority of the people in the affected area want to tax themselves to do this. COMHISSIONER MATTHEWS: Let me -- let me ask a question. How many people of the 400 on the petition live in areas east of the currently affected area? MS. BROOKER: Could you supply that information, Dr. VanEssen? COMHISSIONER MATTHEWS: How many live -- how many live CHAIRMAN NORRIS: Hold on. If you -- if you're going to say something, you need to get up here on the record and identify yourself. COMHISSIONER MATTHEWS: My -- my reason for asking that question is -- is that the mosquito control when it expands must expand in -- in contiguous areas to the existing district, and while at this point they, for one reason or another, choose to stop their expansion 1 mile east of Wilson Boulevard, if you were to look at the petition signers, a significant number of them -- I'm sorry. They stopped the district 1 mile west of Wilson Boulevard. A significant number of the people who signed live east of Wilson Boulevard and would like to be included but cannot be included until the contiguous areas are -- are added to it. So I -- I think you need to look at more than just the area under discussion today. You need to look at the entire Golden Gate Estates area. COMHISSIONER CONSTANTINE: Well, I -- I'd like to hear, what is the exact number that are east of there? MS. BROOKER: Do you know the exact number from the petition? DR. VANESSEN: I'm Frank VanEssen. I'm the director. We don't know -- I don't know the exact number without looking at it, but a very high percentage are -- are east of the present district. COMHISSIONER CONSTANTINE: All right. How many live in the City of Naples that are on that petition? MS. BROOKER: I don't have the full petition. COMHISSIONER CONSTANTINE: How many live in Golden Gate City? The point is you don't know, and -- and I appreciate what you were trying to do with that petition and get a feel for it, but again, I -- I pulled one of these articles out of our -- our packet from August of this year and Mr. -- Dr. VanEssen -- it says, "VanEssen said the district assumes residents are in favor if they do not respond," and that's just a flawed way to do it. COMHISSIONER HANCOCK: I think we -- I think we have identified -- MS. BROOKER: I think I have told you what our -- COMHISSIONER HANCOCK: If you'll allow me for -- MS. BROOKER: Yes. Go ahead. COMHISSIONER HANCOCK: I think we have identified a couple of areas that, certainly in retrospect, could have been done better, and if you were going to do this process all over again, my guess is you would have -- you would do it differently today than you did six months ago, and that's understandable. COMMISSIONER CONSTANTINE: That's my suggestion. They should. COMMISSIONER HANCOCK: Yeah. And I -- what I'd like to do is kind of, in my opinion, cut to the heart of this which is, whenever a district is expanded, the financial impact of that expansion to the people who currently reside in the district, the level of service, how it will be provided, will be affected adversely. Will they pay more taxes versus what they were paying compared to the -- the -- expanded area and so forth? All discussions need to have -- happen in open and earnest with all affected parties. After that some form of a straw ballot or approach needs to be taken for this board typically to feel comfortable -- COMMISSIONER MATTHEWS: God bless you. COMMISSIONER HANCOCK: Excuse me. Thank God for caster wheels -- for this board to feel comfortable with that type of an expansion and that base hasn't been built here. With the best of intentions, and your -- your high-paid board worked hard on this -- MS. BROOKER: Could I give you some data? I just pulled this out because our history of the millage rate is really a phenomenal one, and I'm only going to quote the last three years; '94/'95, .2150; '95/'96, .2101; '96/'97, .1883; and I could go back three more years and show you that we have reduced the millage rate for the mosquito control beyond the rolled-back rate. COMMISSIONER HANCOCK: Except that your -- your letter states that if your property were in the district boundaries from October '96 to September '97, .2004 mills would have been added. You just stated that your current ad -- your current millage rate is .1883. MS. BROOKER: Yes, that's the -- COMMISSIONER HANCOCK: So by expanding this district, would there be an increase in millage? MS. BROOKER: No. COMMISSIONER HANCOCK: Okay. That was just at the time that they -- MS. BROOKER: No. Actually when we wrote that letter, we did not have our final budget figures in, and we just reduced when we -- we thought it was going to be .200, and actually it's .1883. So we have reduced our millage. I've indicated that it is our feeling that we can do it with our current resources, our helicopters. There will be some additional expenses for chemicals and -- but not to any significant extent. COMMISSIONER HANCOCK: I understand your position. I understand -- MS. BROOKER: And we've taken the value of that property as well. COMMISSIONER HANCOCK: I understand your position. I do feel that a broader base needs to be built here than -- than what is presented, and I -- I'm inclined to agree with some of the comments that Commissioner Constantine has made that -- I just don't feel comfortable that the affected parties have had what they consider an adequate voice in this. And again, it's a learning process. It's not a -- anything directed at you or your board members, but I just don't feel comfortable in light of -- other taxing districts that we have proceeded with or done, at least there was a tremendous amount of public input on those time and time and time again. And -- and I would like to see just a stronger approach on that before feeling comfortable with any expansion. CHAIRMAN NORRIS: We have a public speaker. Let's -- MR. DORRILL: Mr. Rankin. MR. RANKIN: I think I can answer some of your questions. CHAIRMAN NORRIS: Well, wait until you get up to the microphone, and then you -- MR. RANKIN: I'm Douglas Rankin. I live in the area, and I'm also have -- am and have been the republican precinct chairman for the old 651, the new 652. And unlike most precinct chairmen, I don't just attend the Republican Executive Committee meetings. As you all may or may not know, I've been involved in many items out there, both before this board and otherwise. I was involved in stopping a major expansion out there. I was involved in several of those actually, and I communicate regularly with my precinct people, both by letter and by conversation. In fact, I recently had a mailing not too long ago. I do these out of my pocket. As you know, I have no budget with the Republican Executive Committee. My precinct, 652, covers most of the estates area that you're talking about taking in. In fact, it starts right at the school 1 mile west of 951. The new drawn boundaries -- the old boundaries I think I took in the entire area you're talking about. The reason for the signatures you got on that petition is because that petition was only in one place because -- the trouble about this part of the estates is there are really no public gathering places with the exception of the library and G's General Store. And at the time that petition was out, there was no -- the library was not much -- up and running. That petition was only located one place: It was located at G's General Store, which for those of you that are not familiar, is at the corner of Wilson and Golden Gate Boulevard. That's the reason why you picked up so many signatures from the people beyond what they're seeking to expand. I have communicated, both verbally and in writing, with my precinct on and off for the last couple of years about this matter; and, in fact, I'm probably -- I -- although I personally am not involved with the board at all, and I have -- I wasn't at that meeting they had because, unfortunately, I've got to work for a living, and I can only take so much time off. In fact, I didn't even know this was happening today. I was here for another matter that you put off, and I happened to notice on the agenda that this was happening today. Had any of the people in my district known that this was -- you had these concerns, we could fill this room easily. The other problem you're having is that this has been a relatively slow year for mosquitoes. I will assure you the past four or five years has not been slow years. In fact, last year was terrible. You couldn't even go outside for more than a few minutes. COHMISSIONER MATTHEWS: And that's what generated the petition -- MR. RANKIN: Yes. COHMISSIONER MATTHEWS: -- in December. MR. RANKIN: That's right. '95 and '96 -- excuse me. '94 and '95 were tremendously bad out there. This year, because of the relatively low rainfall and relatively cold winter last year and the relatively high water we had the year before as you know -- and I'm not an expert on mosquitoes. When there -- we have a big flush of water through like we did last year, it -- they all come out. They could have been sitting there for years and, poof, they're out. We are -- desperately want this. My mother and my sister live here. They -- you know, I've been -- I -- I communicate widely with this district, and they are -- you know, to have a hundred and forty-one people voice opposition to this out of seventeen hundred is not very high. And the other problem with that -- and actually that letter -- your concern actually worked against those of us that are for it, because I know a lot of people -- I sent in a letter in -- in -- for it and indicated that I talked to all these people, and I'm all for it. But a lot of people who are for it did not send in a letter because they figured it wasn't necessary. So it actually worked worse to us. The -- most of the persons I've seen opposing this do not live in our area. They happen to live in areas already covered by mosquito control. They just happen to think somehow that those of us that live out there are supposed to live with the swamp -- the alligators and the mosquitoes. You know, point -- you know their millage rate is in -- is insignificant as far as most of us are concerned for -- for millage compared to the cost of our children getting encephalitis, malaria, and all the other good stuff they can easily get out there. You know, we all have kids -- a lot of us do. And as far as the voters versus residents, you're assuming something which exists in the City of Naples that does not exist in the estates. We have very few, if any, seasonal residents in the estates. You do not simply have a house on 3 or 5 acres or 2 acres and shut it up for half the year, because if you did, it might not be there when you get back. We have very few seasonal residents in the estates. Virtually everybody out there is a registered voter unless they're not citizens of the United States or something of that nature. Everybody that lives out there lives there year-round or the like except for a few rental houses, and there aren't many of those, because, as you know, it's illegal to rent guest houses, and this area covers the entire estates. We are a hundred percent behind this. You know, I have heard -- nobody has come to me in opposition despite all the letters I've sent out and all the parties and whatever I've attended out there and the like. And I think it's very -- it's -- we're very much in favor of it. Anyway, do you have any questions? CHAIRMAN NORRIS: Thank you. MR. DORRILL: That's all, Mr. Chairman. COMMISSIONER CONSTANTINE: Mr. Chairman, I -- I appreciate the fact that the people in Orangetree and the eastern estates hope that someday it will get expanded further; however, the City of Naples has a number of recreational areas: Cambier Park, the pier, and so on. What they're -- what the city residents and taxpayers want to happen to that carries more weight than what I want to happen to that, even though I -- you know, I use it on occasion. I'm going to assume the city council takes care of those who are paying the bill first, and -- and I think we need to do the same here. Orangetree and those folks, if they want to get their own, then they need to take that step as well. But to have them decide the issue for people who will be paying the bill is inappropriate. And -- and Mr. Rankin said a majority of the people don't even live in the district. Well, from this letter at least a hundred and forty-one people who live in the district, families who live in the district, oppose it. And I think there may be a desire for it out there. I don't think it's been proven through what's been done to this point. And I -- I'm going to make a motion that we deny it with a recommendation that -- as Commissioner Hancock said, maybe you go back and do a more stepped process to get a true read, because the letter, the petition, and each of those items has been flawed. COMMISSIONER MATTHEWS: I'd like to make a motion to table the motion, and the reason for that is the citizens who are in favor of this as well as those who are not in favor of it probably believe that this was a done deal, and that's why they're not here today. I can -- I can assure you that if we -- if we table this and hear it another day, this room will be full. COMHISSIONER MAC'KIE: Well, what could be wrong with that, then, because if -- if what we -- if what our question is -- and I think it's a good question, genuinely founded, that -- that perhaps the process is flawed, and we don't know exactly how people feel about it, I'd like not to turn it down but perhaps to come back and talk about it when there has been more notice to the -- MR. RANKIN: I will personally pay for a letter to -- CHAIRMAN NORRIS: Excuse me, Doug. You're not -- you're out of order here. Just -- just wait. COHMISSIONER HANCOCK: I guess I feel that we have a -- a Collier Mosquito Control District for the purpose of -- of putting that information together and bringing it to this board as opposed to this board standing as the -- the responsible one to go out and get that information and -- and make that decision. So I -- I am more comfortable putting this more or less back in the lap of -- of what, I think, is a capable board that may have just gone through a learning process. So I -- I'm going to second Commissioner Constantine's motion. I also feel -- and many discussions I've had with the people that live in the affected district, and it may -- and I'm sure it's not nearly as many as Mr. Rankin has had, but I'm sensing some premature steps here from the people that have at least taken the time to contact me. I have had nobody contact me in support of this; so I just have to base it on that and some of the concerns I have over the letter that was sent out. COHMISSIONER MATTHEWS: Mr. Chairman -- CHAIRMAN NORRIS: We have -- COHMISSIONER MATTHEWS: I made -- I made a motion to table. CHAIRMAN NORRIS: I understand. COHMISSIONER MATTHEWS: I believe -- CHAIRMAN NORRIS: And if you let me, I'm going to service that one. COHMISSIONER MATTHEWS: Okay. CHAIRMAN NORRIS: A motion to table takes precedence over other motions. Do we have -- COHMISSIONER MAC'KIE: Second. CHAIRMAN NORRIS: -- a second for that? COHMISSIONER MAC'KIE: Second. CHAIRMAN NORRIS: We have a second for that. We have a motion and a second to table Commissioner Constantine's motion. All those in favor signify by saying aye. Opposed? COHMISSIONER HANCOCK: Aye. COHMISSIONER CONSTANTINE: Aye. CHAIRMAN NORRIS: Aye. That motion fails. We're back to Commissioner Constantine's motion -- COMMISSIONER HANCOCK: -- which I will second now since CHAIRMAN NORRIS: -- which we have a second. That motion is to deny. I -- I think the net result if this -- if this motion is successful is the same as tabling it. I mean, it's -- it's then the -- the responsibility of the Mosquito Control District to -- to demonstrate the support by coming back with that support at some future date; so I think the net effect is the same thing either way. COMMISSIONER MAC'KIE: It -- may I ask a question? CHAIRMAN NORRIS: I mean, this doesn't permanent -- what I'm saying is that -- that this action, if it's successful, does not permanently resolve the matter. COMMISSIONER MATTHEWS: It probably puts it off another year, though, and that's -- CHAIRMAN NORRIS: Why would that be? COMMISSIONER MATTHEWS: Because the district has to be expanded to be included in the millage by December 31 of each year. So the -- the likelihood that they'll be able to address your concerns -- short of having this room filled with individuals who live there -- before December 31 and get it back on the agenda and appropriately addressed is -- is not very high. CHAIRMAN NORRIS: But I don't see the difference. I mean, if you're going to just -- if you're just going to table it and continue it for a while, what's the difference? COMMISSIONER CONSTANTINE: The motion to table failed, and we don't need to keep discussing the motion to table, because it failed. COMMISSIONER MAC'KIE: But I have a question on how I might vote on the motion to deny, and that is, if we deny this -- I don't know if this is a Mr. Weigel or a Mr. Dotrill question -- is -- does this prohibit -- is it possible for this to be brought back to us between now and the -- you know, in time to get it on the tax roll, or have we effectively shot it down for a year? Ms. Brooker is trying to give us an answer to that question if you don't have it or if -- MS. BROOKER: Well, I -- I'll defer to Mr. Dotrill, but it's our understanding that we have to act now with -- before the end of this year to get it on the tax rolls for '97/'98. MR. DORRILL: Mr. Skinner will certify the roll on January the 1st for the 1997 ad valorem tax year. COMMISSIONER MAC'KIE: That I'm aware of, but is it possible for them to -- for the district to bring this question back in time -- if we turn it down today, is it possible for them to bring it back in time to get it on that January 1 assessment roll? Somebody has to tell me that so I'll know how to vote on the denial. COMMISSIONER CONSTANTINE: Well, let me tell you what I -- what I need them to come back with, if they try to come back, whenever that time frame is, and that is clear support from the people who live in there. I think there should be a letter that is unbiased and doesn't assume you're in favor unless you send it back and get an honest-to-goodness read from them, and there should be -- to follow that there should be a public hearing. Again, I know you've had one with the nine speakers, but there should be a public hearing at the Mosquito Control Board. And -- and they have to demonstrate -- other than lining up 20 people to come in here and stand up and say we're all for this, there has to be some demonstration that the majority of the people in this area want that tax. And if they can accomplish that by the end of the year, they're welcome to come back. COMHISSIONER HANCOCK: I -- I agree. It -- you know, the timing is not something that we have forced upon them but is just a -- a fact of the situation. If it has to be delayed a year that -- the process is in such a way that this board feels confident that a majority of the individuals being affected by this tax are desirous of it, then that means that it costs a year for them to do that. But I would rather see the process be -- be held constant and positive than -- than maybe rushing to something that -- that doesn't have that element in it. COMHISSIONER CONSTANTINE: Call the question. CHAIRMAN NORRIS: We have a -- COMMISSIONER MATTHEWS: So it is delayed at least a year, then, at this point? COMMISSIONER CONSTANTINE: Not if they can -- CHAIRMAN NORRIS: I don't -- I don't think that's necessarily the fact. But in any case, we have a motion and a second. All those in favor signify by saying aye. Opposed? COMHISSIONER MATTHEWS: Aye. COMHISSIONER MAC'KIE: Aye. CHAIRMAN NORRIS: That motion is -- to deny was successful by a 3 to 2 vote. Item #10I DISCUSSION AND POSSIBLE ACTION REGARDING CODE ENFORCEMENT BOARD - STAFF DIRECTED TO INITIATE SECOND CODE ENFORCEMENT BOARD AND INITIATE ALTERNATE MEMBER Next, 10(I), Code Enforcement Board. COHMISSIONER CONSTANTINE: I brought this up and -- and last week, as you all know, the Lely guardhouse issue was, again, continued. COHMISSIONER HANCOCK: I had nothing to do with it. COHMISSIONER CONSTANTINE: There were some circumstances that -- as I understand, one of the board members was sick. But the way this has unfolded is, their first hearings on this were in July. For whatever reason, I'm told it was because Mr. Hazzard's schedule -- Lely's attorney's schedule didn't allow a meeting until last week; and now, because they couldn't get a quorum of those people who had heard the first part of the hearing in July, they've put it off until December. And, again, that's because Mr. Hazzard's schedule didn't fit what they set. Quite frankly, I said if Mr. Hazzard was over before Judge Ellis or one of the others and -- and she said the hearing date is going to be X, Y, Z date, he can either show up or he can't. But he doesn't dictate to the judge when that hearing date will be for his own convenience, and I don't think he should be dictating to our Code Enforcement Board either. COHMISSIONER HAC'KIE: Neither do I, and he's with a large law firm that I used to be associated with, and I'm familiar with the fact that they send other attorneys. If he personally can't make it, then you get somebody else in the firm to go. COHMISSIONER CONSTANTINE: This -- this case has -- COHMISSIONER MATTHEWS: Outrageous. COHMISSIONER CONSTANTINE: This case has been an embarrassment to the county. We -- and not for lack of effort on everybody's part. And I realize our code enforcement volunteers are exactly that; they're volunteers. However, we are woefully behind on our public hearings. It's not very effective to cite somebody for a violation around their home or yard and eight months later it comes -- and then they've got 60 days to comply. I mean, you're effectively giving someone a year to correct violations, and that's just not an effective way to do it. I'm not here to criticize the -- the volunteers nor our staff. I'm going to suggest a couple of things to see if the balance of the board is willing to entertain them and then, perhaps, take some action at a near date. We are allowed by statute to have more than one Code Enforcement Board so that you're not burdening any one group of people too much. You can have two or even three Code Enforcement Boards. They could meet every other week, if you had two, particularly until we catch up on our backlog. It's just not much of a way to do effective enforcement if -- if they are eight and ten months behind. So one option is to add a -- to create a second Code Enforcement Board, and they can hear some of the cases; the first one can hear some of the cases. The other suggestion Mr. Weigel had was to place some alternate members on these boards, because the problem they ran into in July was there were only four members there to hear this fairly complex case. They spent several hours on it, and then when they came back in October, all of those four couldn't be there; and -- and the attorneys agreed it wasn't appropriate that the people that had missed the first half of the case hear the rest of it. So perhaps we could have a couple of alternates and even rotating alternates. I'm not sure anybody wants to go to meeting after meeting and never have a vote, but you could rotate the alternates each meeting, and -- but at least assure we will have a quorum. And third, we need to give some direction to our staff and particularly to whomever the legal person is that we've hired on to deal with code enforcement issues -- because I know it's not our staff -- that they set the public hearing dates. And it's up to the defendant, for lack of a better word, to be there, and -- and it's not up to us to work around Mr. Hazzard's schedule. If he's not -- COHMISSIONER HAC'KIE: Otherwise, it's a default. Excuse me. It's a default judgment. That's what happens if you don't show up in court. Show up or it's -- COHMISSIONER CONSTANTINE: Completely inexcu -- I mean, this case has gone on four years, but completely inexcusable that the first public hearing on it was July, and the next one's going to be in December, just unacceptable. And I want to get a feel from the board if you're interested in any of those or other alternatives. CHAIRMAN NORRIS: Both of your suggestions are fine with me. I think we could -- we could -- it's time. We have enough casework, I think, to go to a B board, have an A board and a B board. And I'm -- I certainly would not be adverse to having alternates on the board, too, and I'm certainly willing to hear this on a future commission meeting and discuss it more in depth. But I'm -- I have no objection to constituting a B board today. COHMISSIONER HAC'KIE: I couldn't agree with you more. COHMISSIONER HANCOCK: Can we -- since there were two sep -- I'm sorry. COHMISSIONER MATTHEWS: I -- I like both suggestions. The one I prefer, though, is to put alternates on the existing board, because these boards are created by -- by ordinance, which we have a lengthy process to go through. And I -- I would like to look at putting alternates on, and if an alternate is sitting when a case is heard and continued, then that alternate is included when the case comes back. COHMISSIONER MAC'KIE: I'd like -- I support the idea of alternates, but also I think the backlog is so significant that we need -- COHMISSIONER CONSTANTINE: Even if we -- COHMISSIONER MAC'KIE: -- more meetings. COHMISSIONER CONSTANTINE: -- review the B board a year from now, if they're caught up and don't need the B board -- but just something -- I mean, it's unacceptable the way it's unfolded now. COHMISSIONER HANCOCK: Let's -- let's specify a two-step process. The first is to establish the alternates for the existing board so that we can work with a quorum situation at least. The second will be to establish a B board with alternates for up to one year to resolve the backlog issue. COHMISSIONER CONSTANTINE: And the third step would be for our staff and -- and consultants to run the meeting as opposed to defense attorneys. COHMISSIONER HANCOCK: Yeah. That's what I meant. COHMISSIONER MAC'KIE: All three of those. COHHISSIONER MATTHEWS: I like that. MR. DORRILL: One comment. I think you ought to hear from Mr. Cautero. The -- the current backlog is, I believe, 16 cases; and on a good day -- and there's only been one case in the last year to 18 months where we didn't have a quorum, and I think that part of that is due to the unique problems with -- that somebody already alluded to. I'm not going to repeat that. I don't know whether it would be worth the time and the logistical effort to try and impanel a second board now if this is a problem that the existing board can resolve and work its way out of within two or three months. That might be a good fall-back position, but we might be spending additional staff effort and time to impanel a second board when otherwise, if we can get past this Lely situation, they can resolve their own problem in two or three meetings. COHMISSIONER CONSTANTINE: Well, this backlog isn't new, though. It's -- it's gone on since at least springtime, and -- and maybe I'm mistaken. I'm not under the impression that it's completely due to the Lely Barefoot case. MR. CAUTERO: It's -- Vince Cautero. It's mostly due to Lely; but, secondly, it's due to meetings when the Seminole case was discussed, which was never heard by the board due to the settlement. But there were hours spent, and there were not cases put on that docket or cases delayed because of that. So the reason for delay, which probably extends back to the summer, is due to those two cases and discussions on them. In June the board had two meetings, and it was the only month that they had two, and there was a hundred percent attendance for both meetings as well as August and September. July has been the only troublesome month, quite frankly, with -- with that board. The last meeting with Lely was an anomaly because, as you know, only four were eligible to vote based on the legal interpretation that was rendered, and two of the four were able to attend the meeting. COHMISSIONER MAC'KIE: Well, but I -- I'd like to -- to suggest -- well, to ask you, where -- we are encouraging you at every opportunity to step up code enforcement in -- in substandard housing issues and in sign code enforcement issues. If you were to step up that enforcement effort -- I mean, we recently hired somebody strictly just for sign code enforcement inspections. Do you not anticipate that we're going to have more continuing violations and more backlog? MR. CAUTERO: Not necessarily, because in some of those cases you would cite people to court. You would not necessarily bring them to the Code Enforcement Board. COMMISSIONER MAC'KIE: I see. MR. CAUTERO: The Code Enforcement Board is really a last resort, or we have a major case like Lely or -- or the Seminole case. COMMISSIONER CONSTANTINE: I would -- but this isn't new. No one probably would have assumed the Seminole case would have come. I think of 1989. Commissioner Mac'Kie was an attorney representing St. MAtthew's House. I was on the Code Enforcement Board, and those went on for hours and hours and hours; and -- and so it's not unique. It's not something new that we have unusually high-profile, lengthy cases. And I just -- I mean, if we find a year from now, gee, there's not enough work for two boards, we can disband the B board. But I would rather be safe than sorry and continue to drag on behind, behind, behind. COMMISSIONER HANCOCK: Is that where you two became such good friends? COHMISSIONER HAC'KIE: We disagreed then, right, in 19897 COHMISSIONER HANCOCK: I -- I was going to suggest -- Mr. Dotrill has made a good point. By the time we actually get it adopted, it may not be needed; however, we -- I think by approaching the alternate idea, we are going to ensure that things will begin moving. So I -- I guess if we're trying to get to a point of direction, I'd like to see this board direct staff to develop the alternate idea immediately. And, say, within a 60-day period, so that we don't really make it such a priority that it pushes other things out of the way, that we look at the necessity of a -- a second Code Enforcement Board. We've got a pretty good group of people on our Code Enforcement Board, and I wonder how many qualified people would be willing to go through that for a second board. COHMISSIONER CONSTANTINE: Well, we do have a good group, and this is certainly not intended, but -- as a criticism of them, but Mr. Cautero just said the only time we've had a quorum problem was in July, and so I'm not sure the alternates are going to fix the problem. And -- and I appreciate you not wanting more government and more boards and so on, but I just think if -- if their meetings end up going half as long because there are two meetings, they probably won't object to that. And I'd like to -- and I don't mind putting a sunset on it if -- and then have a time frame in which we go back. COHMISSIONER HANCOCK: Okay. Go ahead and -- and craft that into a direction then. I'm with you. I mean, let's -- let's go ahead and move -- CHAIRMAN NORRIS: Mr. Cautero is trying to get back in. COHMISSIONER HAC'KIE: Just a question. Let me ask this -- make this suggestion. Maybe if we combine the two, we have alternates, and then couldn't our boards meet en banc like the -- like a -- an appeals court does? I mean, couldn't we establish -- if we've got 12 members, 6 could meet here, and 6 could meet there with the alternates available to -- wouldn't that be possible? MR. WEIGEL: I'm not quite -- COHMISSIONER HAC'KIE: It's the same thing. MR. WEIGEL: -- sure I understand the question. You're saying if we have a pool of 12, potentially a pool of 12 -- COHMISSIONER HAC'KIE: I'm just saying couldn't -- never mind. Go with what he said. COHMISSIONER CONSTANTINE: I'm going to make a motion reflecting my earlier comments, because I'm too sick to repeat them. COHMISSIONER HAC'KIE: And I'll second it. CHAIRMAN NORRIS: Okay. COHMISSIONER MATTHEWS: It's just direction to bring it back. CHAIRMAN NORRIS: And the motion is to immediately go forward with constituting a second Code Enforcement Board and to go forward with the consideration of assigning alternates to these boards. COHMISSIONER CONSTANTINE: Correct. And my understanding from Mr. Weigel is that the additional board would require no change to our codes; however, the alternates will require a change. So part of the direction would be for him to advertise that and bring it back. MR. DORRILL: One speaker, Mr. Chairman, before you call the question. Mr. Laforet. MR. LAFORET: Thank you. Good morning -- afternoon. COMHISSIONER MAC'KIE: Afternoon. MR. LAFORET: My name is Louis Laforet, and I'm a member of the code board. I'm appearing today as an individual citizen of Collier County. I just thought I would identify myself. From what I hear, you're putting Band-Aids on the scratches and doing nothing about eliminating the scratches. If I could have a comment on our community development department, that might expedite these cases. And first is, they profess to achieve compliance irrespective of penalties. I use the word penalty. What do you want to use? Fees? Charges? Monetary considerations. But we don't get notice for a year or more after they file the complaint with the person, the violator. Now, what are they doing during that year after they file the complaint? When we get it, then they want to have a meeting and compromise. So it's custom on the board that we turn around and say, "All right. We'll continue it in two weeks, and you parties get together." I disagree with that heartily. I think once it gets to the board, everybody else stay out of it and let the board handle it. Now, secondly, the -- I believe a lot of time could be saved if you had a prehearing of the attorneys before the board meets and hears -- and ask them how much time they're going to need, how many witnesses they have; and that way we won't spend a half a day standing around saying we won't have time to do it today. This has happened just recently, and I don't think that's reasonable in the courts, everywhere else. I've been an arbitrator for 15 years, American Arbitration Association, and we don't permit garbage like that. We have a prehearing discussion, and we dictate and tell them this is what you're going to do. Last is, I would like to see if there's some means to dedicate the fines, the monetary considerations, of a case. I'm an engineer, and I'm not -- profess that I have any disrespect to attorneys. However, attorneys are not stupid people, and once they learn that if you go before the code board and if you stall around and fool around long enough, we'll cut down on our -- on our fines to you. We might fine you a hundred and fifty dollars a day and give you three months to make corrections. When the time comes, you haven't made the corrections, and we decide to reduce the fine to $11.21. I don't see that. I see that as not a deterrent for contractors or violators to ignore the inspections. And this is the dangerous part. I think the county commissioners are not careful enough when they approve members of the board, members of the panel. They're not careful enough. We have too many members on the panel today who recluse (sic) themselves from hearing cases because their employer or their concern -- might do future business with the person. That -- that's no way to -- to run a ship. And that's happened many times. We've had three people recluse (sic) themselves at the same time. You know what the rule does to us? We have to have a unanimous decision. We have members on the current board who do a lot of telephone calling. That's an insult to -- to the people that are presenting their side of a case, and these members should be removed from the board. We have habitual people who are late. We have -- we have people who sit there and talk for three hours and then leave before the vote. CHAIRMAN NORRIS: Thank you, sir. MR. LAFORET: I was going to get to the Code Enforcement Board, but Iwm out of time unless you want to give me an extension. CHAIRNLAN NORRIS: No, sir, that's not our policy. Thank you. That was it? MR. DORRILL: That was the only registered speaker. MR. ANDREWS: Can I speak? I got -- I got a card. I got a short remark. CHAIRNLAN NORRIS: Okay. MR. ANDREWS: Commissioners, my name is Charlie Andrews. I've been on the code board for -- since the -- since the very beginning, and this is the first time that we've been swamped and -- swamped and that -- and that -- and there's a lot -- lot of reasons that it's been swamped, but the code -- the code board is the one that's being penalized, because there's a awful lot that you -- you guys haven't got into. And I -- I really, sincerely -- I worked with Tim three -- three-year term? Tim? COMMISSIONER CONSTANTINE: Yes, sir. MR. ANDREWS: Three-year term? We didn't have any problems. We got a lot of -- a lot of -- lot of problems that I don't want to get into now, but I think this thing should be tabled until you guys find out exactly what's going on that you don't know. serious. It's -- it's not -- it's not the code board. It's not the code board, but there's a whole -- there's a lot of other things. That's -- that's my -- that's my suggestion. You know, I don't see what the big rush is. We -- we're only 16 cases behind. The thing is -- the thing that -- for instance, we worked on the -- on the -- I'm just going to mention this one; I don't want to get into a big conversation -- the Indians. I -- we -- we only had five members that were eligible because three were -- were gone at the first meeting; so they couldn't -- that went on for a year. That -- I -- I fought like heck to get that thing. All we had to do is vote -- make our vote. Either they're guilty or not guilty, and then if -- if -- if they want to appeal, they could go on and go on and go on to federal court if -- if necessary. Instead we kept putting it off, putting it off, and part of our staff wanted to start compromising. Somebody on the board wanted to compromise. That's not the code board. The code board don't compromise. They compromise -- they -- in other words, if there's a -- a violation, it has to be regulated, and that's it. So really, seriously, better think this over. Thank you. MR. DORRILL: That's all, Mr. Chairman. CHAIRMAN NORRIS: Okay. COMMISSIONER CONSTANTINE: I concur with most of what both speakers said, and I think it was just two or three weeks ago we asked Mr. Cautero to come back with some information regarding code enforcement and the job they were doing, and I don't think our action today prohibits that. I think if -- if he needs to streamline procedures, that's something he's doing in his everyday management. That's not an edict from the board. And -- and if he can do that, great, but I still think with that backlog we should have the -- both the alternates and a second board; and I'll call the question. CHAIRMAN NORRIS: There's a motion and a second. All those in favor signify by saying aye. Opposed? Unanimous. The next one -- COMMISSIONER HANCOCK: There -- there's some stuff lingering in the air here, and I guess rather than just assume that's taken care of -- we've heard from the county attorney on what could be done to help move things along, and Commissioner Constantine, you've framed those well. I think when this comes back in the form of an ordinance, Mr. Cautero, from the application standpoint in your department, if there's anything we can do to improve upon it, make it better, I would look to you for that at that time. CHAIRMAN NORRIS: And the other thing, Mr. Andrews made the comment that the code board was being somehow punished. This -- I don't see this as punishment for anyone except violators. I -- I don't see any harm in having two parallel boards. In fact, I think Mr. Cautero could easily increase his production, so to speak, out of the code enforcement department and send more cases to the code boards, if there are two boards, and -- and actually do a lot more enforcing than we've done before. I don't see it as -- as punishment somehow to some board that volunteers. I think it's -- it'll be helpful to all. You could have meetings twice a month instead of once a month. Item #10J DISCUSSION REGARDING RECONSIDERATION OF PROJECT AT PINE RIDGE ROAD AND AIRPORT ROAD AT CARILLON SHOPPING CENTER Okay. Next item is 10(J), Main Street project reconsideration. COMMISSIONER MAC'KIE: Well, I -- I brought this up at the beginning of the meeting, and I'll tell you I am not a cheerleader for this project. I'm not enthusiastically recommending reconsideration. Let me tell you why I'm even talking about it. I hear that there are significant changes proposed. I haven't seen anything about what exactly, you know, the diminution in the density would be, the increase in the residential, the lessening of the commercial. I hear that that is being proposed by the property owners, but more importantly for me, what I have also heard is that representatives of adjacent property owners who did not participate in the process the first time through -- we heard from World Tennis Center the first time through. They said they loved this project. We heard that and voted it down anyway, but Kensington is now an area that has new lawyers, new manager, Larry Mullins (phonetic) is managing that -- or whatever you call it, project manager out there. They have new lawyers, and they have approached me and said, "We think that this revised Main Street program could possibly be better for us than what's otherwise available." I'm not -- I voted against the project. I'm not ready to change my vote in any way to vote for it, but I would -- but I understand that today is a drop-dead date, that if we want to give them another bite at this apple, we have to make that decision today. This is a project with enough merit, and there are enough new people involved in -- in asking for it to be reopened that I'm willing to ask for it to be reconsidered even though -- there better be substantial changes. And my -- my interest in it, in reconsidering it, would only be if we got a site-specific comp plan amendment. And I have asked staff if that's possible, and they advised me that it is absolutely possible. I do not have any interest in transmitting an expansion of the activity center boundary genetically, but I do have some interest in a site-specific change. So I'm willing to reconsider that if there's a majority on the board who's also willing. CHAIRMAN NORRIS: My vote against the project was not because of the project. I -- I've always said that I think the project is a great idea. I love the concept. I think it's -- it's really attractive. All you have to do is look at the Fifth Avenue downtown to get a -- an idea of -- of the concept, and my vote was always negative because of the expansion of the activity center. Now, whether you call that an expansion of the activity center or a site-specific comp plan amendment, it's the same thing. And, unfortunately, with this particular activity center, all four quadrants are either totally or somewhat developed. And to try to go in now and -- and make some change to that activity center is something I just, frankly, can't support, period. And if it were in some other activity center that was undeveloped and we could shift some undeveloped quadrant into this quadrant, you know, that's a different story. But this is not the situation here, and any -- any kind of any attempt to expand this activity center, I just can't support. COHMISSIONER HANCOCK: I -- my vote was against the project. CHAIRMAN NORRIS: Okay. Well -- COHMISSIONER HANCOCK: And it wasn't the concept, but the concept and the lay of the land were different. You had a predominant commercial development within a comm -- with a residential afterthought. Main Street is a residential component with a commercial afterthought, a commercial integration. I am encouraged by what they have at least presented in things that they would like to consider, but my concern -- and I mentioned this to the petitioners -- goes a little bit to the -- or more to the point of policy for this board. Reconsideration of items that are either voted up or down by this board should be done on a basis of material changes to what was presented. To bring in a different project and ask for reconsideration is, in essence, asking for a consideration of a whole new project. It's not as if information presented has changed substantially. The project -- what they're saying is we want to change the project. We think we can meet what the board was looking for a little bit better. Well, that is a reapplication, in my opinion, not a reconsideration. And I'm afraid that if we start going down this path, what we're going to have is every time someone comes in -- and we saw this. I can't remember the project, but a young lady was standing here, and we voted it down, and she said, "Well, I'd like to offer a compromise." And everyone just kind of giggled, you know, because the time -- you know, the time to offer what you think is acceptable to your client and palatable to the board is in that public hearing process. And if you don't get what you want, to then ask for a reconsideration -- and, I mean, this isn't directed at -- at the applicant, but it's more to the point of -- I just think it's not a good way of doing business. So I'm -- I'm not going to support that. I would like to see this come back a little -- you know, with some of those things you're talking about, but I'm afraid that's more of a new project than a reconsideration in my book. CHAIRMAN NORRIS: Would you like to make a motion? COHMISSIONER HAC'KIE: No. I think I can already see that there's not three votes in support for reconsideration. So, like I said, it's not a -- not a strongly-held opinion, just something I wanted to float for discussion. COHMISSIONER HANCOCK: I appreciate you bringing it up, because maybe it sends a little bit of a message that -- COHMISSIONER CONSTANTINE: Next item. COHMISSIONER HANCOCK: -- bring it the first time. Item #11A AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE BCC AND ARTHUR ANDERSEN, LLP, DATED HAY 23, 1995 AS PRESCRIBED IN RESOLUTION 96-158 - APPROVED MR. DORRILL: Okay. You have one remaining item, Mr. Chairman, then I do have a public comment today. You're down to ll(A). (Commissioner Matthews left the boardroom.) CHAIRMAN NORRIS: Okay. Our last item is the clerk's report. MR. MITCHELL: Mr. Chairman, members of the board, good afternoon. I was going to start my presentation to you this morning with a statement that says, "I hope today finds you well," but I can see that's not the case. So I'll make this very short, and we can get you home. COHMISSIONER HAC'KIE: Those of us who were well are going to be sick after sitting next to those of us who aren't. COHMISSIONER CONSTANTINE: I'm blaming Bill Barton from that talk show last week. MR. MITCHELL: For the record, Jim Mitchell, the director of finance and accounting. I come before you today to put closure to an item that was originally brought to you back in March of this year. If you'll recall, the clerk along with myself brought to you our concerns regarding the arbitrage calculations related to your bond issues. Part of the solution to that issue was the adoption of Resolution 96-158, which authorized two things. First, it designated the responsibility to the clerk of the circuit court as ex-officio of the clerk to the board to assure that all requirements of all bonds issued by the Board of County Commissioners and any other documents associated with the board's indebtedness are in full compliance, including, but not limited to, the filing of all appropriate Internal Revenue Service reports. COHMISSIONER HANCOCK: Excuse me, Jim. MR. MITCHELL: Yes, sir. COHMISSIONER HANCOCK: Would you mind terribly after sitting here all day if I kind of cut to the chase on this one? MR. MITCHELL: Yes -- yes, sir. The chase is very quick. COHMISSIONER HANCOCK: Yeah. The chase is simply that you are doing what the board's policy says you should do. You have already budgeted 65,000 in your '96/'97 budget for this purpose. This is not a -- a reallocation of funds. You're out of reserves. You're asking for the funds that you've budgeted to do what your job is. MR. MITCHELL: Just asking to -- to approve the amendment to the contract. COHMISSIONER HANCOCK: Right. MR. DORRILL: No speakers, Mr. Chairman. COHHISSIONER HANCOCK: Motion to approve. COHHISSIONER HAC'KIE: Second. CHAIRMAN NORRIS: Motion and a second. All those in favor signify by saying aye. PUBLIC COHMENT - AL PERKINS REGARDING HUNTING SEASON IN THE STATE PRESERVE If we have no public comment -- MR. DORRILL: Yes, sir, Mr. Perkins. COMMISSIONER MAC'KIE: Aye. COMMISSIONER HANCOCK: Aye. COMMISSIONER MAC'KIE: Sorry. MR. PERKINS: Good afternoon, Commissioners. You're having a good time. You people at home, don't forget to vote. Nothing else. COMMISSIONER MAC'KIE: Is that it? MR. PERKINS: I had to get that in. No. That's not quite it. I need to bring you an update on -- as of October the 26th through January the 5th, it's hunting season in southern Golden Gate Estates or the Picayune State Forest and also in some of the areas -- COMMISSIONER CONSTANTINE: Excuse me. I hate to interrupt you, A1. Picayune State -- does the state own that property? MR. PERKINS: No. The state does not own that property and is promoting hunting on private property, trespassing, and the discharging of firearms within a half a mile of paved roads. COMMISSIONER CONSTANTINE: To the best of your knowledge, does the State of Florida normally name private property as state parks? MR. PERKINS: You -- you don't want to get me started on the State of Florida. COMMISSIONER MAC'KIE: They didn't start -- COMMISSIONER HANCOCK: Are they -- are they hunting homes, trailers, or residents? MR. PERKINS: Homes and trailers. COMMISSIONER HANCOCK: Oh, okay. I just wondered. I'm wondering -- MR. PERKINS: And stop signs that we pay for, and according to the state forest out there, there's horseback riding, camping, bicycling, trail -- COMMISSIONER CONSTANTINE: I got to tell you something very funny. I was at -- at a meeting where Wally Hibbard brought in a map of the state forest and the Everglades Park and everything else; and it shows Jane's Scenic Drive go up, and then at the end -- at the conclusion of Jane's Scenic Drive it says, "road's too rough for a typical vehicle" or something on the map. And I thought -- and I got a big kick out of that. If you can work your way through Jane's Scenic Drive, once you've made it to the estates, it's smooth sailing. But they've already marked that off. They don't want anybody going in there. MR. PERKINS: If you haven't been out Jane's Scenic Drive, you'll find it's -- it's fairly decent and passable, and I highly recommend it. Everybody, if you've never been there, take a trip out and see what it's all about. It is beautiful out there. The big thing that I'm irritated about is we are assuming some of the liability by not stopping the hunting out there, along with the Division of Forestry and the fish and game. This needs to be addressed. This needs to be stopped, trespassing on private property, because there's no way to distinguish which is and which isn't part of the state preserve. And for my own benefit, again, I have been shot up and trashed, and it's cost me at least another $2,000 out there. COHMISSIONER CONSTANTINE: That was just in this building. MR. PERKINS: I beg your pardon? COHMISSIONER CONSTANTINE: And that was just in this building. MR. PERKINS: No, not in this building. That's -- yeah, right. But the point being is the people out there who have cattle, the people who have property out there, they're going to protect theirself (sic). Now, when I report this to the sheriff, they say, "Well, did you see the person?" If I saw the person, he would have been able to see the person. Just that simple. The point being somebody's going to get hurt, and it's going to be the unsuspecting person who goes out there to enjoy the park and the rest of it, and this is the worst part about it -- CHAIRMAN NORRIS: Thank you for that, Mr. Perkins. MR. PERKINS: I beg your pardon? CHAIRMAN NORRIS: Oh, I thought you were through. MR. PERKINS: Yes. I'm just about finished. The liability end of this thing is going to come back to boomerang against the county. You need to do something about stopping this. Thank you. CHAIRMAN NORRIS: Thank you. Mr. Dorrill? MR. DORRILL: I don't have anything further. CHAIRMAN NORRIS: Mr. Weigel, do you have anything? MR. WEIGEL: Just one small note. On 16(B)(10), a consent agenda item for a resolution that was approved. The resolution was created. The executive summary expands on it a little bit. It has to do with a loan to an HSTU, and we would want the resolution that -- COHMISSIONER CONSTANTINE: Tim, do you have anything? MR. WEIGEL: -- Sue Filson passes on to the chairman to reflect the executive summary that you approved. CHAIRMAN NORRIS: Okay. Commissioner Hac'Kie, do you have anything else? COMMISSIONER MAC'KIE: I do not. CHAIRMAN NORRIS: You need to go downstairs and have your picture taken right now. COMMISSIONER MAC'KIE: Can't wait. COMMISSIONER HANCOCK: As do you and I. CHAIRMAN NORRIS: As do you and I. Miss Filson, do you have anything further? MS. FILSON: No, thank you. CHAIRMAN NORRIS: Mr. Varnadoe, do you have anything? MR. VARNADOE: No. COHHISSIONER HANCOCK: Mr. Coady? Mr. Taylor? CHAIRMAN NORRIS: Then we're adjourned. ***** Commissioner Hancock moved, seconded by Commissioner Constantine, and carried unanimously, that the following items under the consent agenda be approved and/or adopted: ***** Item #16A1 RESOLUTION 96-491 ESTABLISHING A FEE STRUCTURE FOR ANALYTICAL SERVICES FOR PUBLIC CONCERNED WITH WATER QUALITY Item #16A2 APPROVAL OF A RENEWAL AGREEHENT WITH THE FLORIDA DEPARTHENT OF ENVIRONMENTAL PROTECTION (FDEP) FOR PETROLEUM CONTAMINATION SITE CLEAN UP ACTIVITIES - WITH STIPULATIONS Item #16A3 ACCEPTANCE OF WATER FACILITIES FOR BERKSHIRE LANDINGS A/K/A SUNSET TRACE - WITH CASH BOND AS SURETY AND STIPULATIONS O.R. Book Pages Item #16A4 APPROVAL OF A BUDGET AMENDMENT TRANSFERRING FUNDS, IN THE AMOUNT OF $120,000.00, FROM FUND 113 RESERVES INTO THE CAPITAL OUTLAY PORTION OF THE DEVELOPMENT SERVICES BUILDING BUDGET Item #16B1 APPROVAL OF A MODIFICATION TO THE DISTRICT TWO IHMOKALEE SOLID WASTE SERVICE AREA YARDWASTE PROGRAM Item #1682 APPROVAL OF A CHANGE IN FINDING TO THE BARANY, SCHHITT, WEAVER CONTRACT FOR THE GOLDEN GATE ESTATES/CORKSCREW EHS #12 SUBSTATION AND RECOGNIZE AND APPROPRIATE CARRY FORWARD Item #1683 RECOGNITION AND APPROPRIATION OF PRIOR YEAR CDD APPLICATION FEE REVENUE TO FUND COHMUNITY DEVELOPMENT DISTRICT APPLICATION PROCESSING COSTS Item #1684 AWARD AGREEMENTS TO WILSON, MILLER, BARTON AND PEEK, INC., COASTAL ENGINEERING CONSULTANTS, INC., AGNOLI, BARBER AND BRUNDAGE, INC., WILKISON AND ASSOCIATES, INC., AND JOHNSON ENGINEERING, INC., FOR FIXED TERM LAND SURVEYING AND PHOTOGRA_MHETIC SERVICES (RFP #96-2550) Item #1685 APPROVAL OF A ROAD IMPACT FEE REFUND TO HERB BUCK IN THE AMOUNT OF $1,018.24 RESULTING FROM AN OVERPAYMENT Item #1686 ALLOWING RESIDENTIAL ROADWAY SPEED LIMIT REDUCTIONS TO TWENTY-FIVE MILES PER HOUR (25 HPH) FOR ALL ROADWAYS WITHIN VICTORIA PARK, UNITS 1 & 2, IN CONFORHANCE WITH RESOLUTION 96-340 Item #1687 WAIVE THE FORMAL BIDDING PROCESS AND APPROVE THE RECYCLING ADVERTISING CAMPAIGN FOR FIE 1996/97 ON VARIOUS RADIO, TELEVISION AND LOCAL NEWSPAPERS LISTED IN THE EXECUTIVE SUMMARY Item #1688 AWARD A CONTRACT FOR BID NO. 96-2534, IRRIGATION IMPROVEMENTS IN PHASE V OF THE LELY GOLF ESTATES MEDIAN BEAUTIFICATION PROJECT, TO AQUA-FFICIENT POROUS PIPE, INC., IN THE AMOUNT OF $26,378.75 - WITH STIPULATIONS Item #1689 AWARD A CONTRACT FOR BID NO. 96-2535, LANDSCAPE IMPROVEMENTS IN PHASE V OF THE LELY GOLF ESTATES MEDIAN BEAUTIFICATION PROJECT, TO TURNER TREE AND LANDSCAPE, IN THE AMOUNT OF $38,261.95 - WITH STIPULATIONS Item #16B10 RESOLUTION 96-492 ESTABLISHING AN ADDITIONAL FUNDING SOURCE FOR PHASE V OF THE LELY GOLF ESTATES MEDIAN BEAUTIFICATION PROJECT Item #16Bll APPROVAL OF SUPPLEMENTAL AGREEMENT NO. 4 WITH GREINER, INC., FOR ENGINEERING DESIGN SERVICES, IN THE A_MOUNT OF $67,241.12, RELATING TO THE PROPOSED UTILITY RELOCATION ON COUNTY BARN ROAD BETWEEN DAVIS BOULEVARD AND RATTLESNAKE HAMMOCK ROAD Item #16B12 - This item has been deleted Item #16B13 PELICAN STRAND UTILITIES FACILITIES REIMBURSEMENT AGREEMENT Item #16B14 APPROVAL OF BUDGET AMENDMENTS AND REINSTATEMENT OF CONSTRUCTION CHANGE ORDER AUTHORITY FOR THE RATTLESNAKE HAMMOCK ROAD FOUR LANING IMPROVEMENT PROJECT Item #16B15 AWARD THE CONTRACT FOR APPRAISAL SERVICES TO COASTAL APPRAISAL SERVICES FOR THE APPRAISAL OF EASEMENTS REQUIRED FOR THE SIX-LANING OF AIRPORT ROAD FROM NORTH OF PINE RIDGE ROAD TO VANDERBILT BEACH ROAD, IN THE A_MOUNT OF $12,600.00 Item #16B16 APPROVAL OF A CHANGE ORDER TO A CONTRACT WITH KEN FITZEK EQUIPMENT, INC., IN THE A_MOUNT OF $44,778.00, FOR THE HIDEAWAY BEACH EROSION CONTROL PROJECT Item #16C1 APPROVAL OF A BUDGET AMENDMENT TRANSFERRING FUNDS, IN THE APPROXIMATE A_MOUNT OF $50,000.00, FROM THE IMPACT FEE FUND RESERVES FOR SAND VOLLEY BALL LIGHTING PROJECTS AT VETERANS AND VINEYARDS COHMUNITY PARK LOCATIONS Item #16C2 APPROPRIATION OF FUNDS TO PROVIDE A MINIMAL FIRE AND SECURITY SYSTEM FOR THE ROBERTS' RANCH IN IHMOKALEE, IN THE ESTIMATED AMOUNT OF $5,383.00, TO SAFEGUARD THE MAIN RESIDENCE AND ITS CONTENTS OF HISTORIC ARTIFACTS Item #16D1 AWARD THE BID FOR SURPLUS COMPUTER PARTS TO DRNJ GROUP, IN THE A_MOUNT OF $111.05 Item #16D2 REJECT BID #96-2583 FOR PLUMBING PARTS AND SUPPLIES AND REBID THE COHMODITY Item #16D3 RESOLUTION 96-493 AND LEASE AGREEMENT BETWEEN COLLIER COUNTY AND REPRESENTATIVE LUIS E. ROJAS FOR CONTINUED USE OF OFFICE SPACE WITHIN THE ADMINISTRATION BUILDING AT THE GOVERNMENT COMPLEX Item #16D4 - This item has been deleted Item #16D5 RESOLUTION 96-494 AFFIRMING AS "OFFICIAL" ALL EXISTING AND FUTURE SIGNS THAT REGULATE STOPPING, STANDING OR PARKING OF VEHICLES AT THE COLLIER COUNTY GOVERNMENT COMPLEX Item #16D6 - This item has been deleted Item #16D7 ESCROW AGREEMENT FOR THE PURPOSE OF PLACING INTO TRUST WITH THE COUNTY ATTORNEY SOFTWARE SOURCE CODE AND DOCUMENTATION FOR AN INTEGRATED SPECIAL ASSESSMENT MANAGEMENT SYSTEM Item #16D8 APPROVAL OF A BUDGET AMENDMENT RECOGNIZING PROJECTED CARRY FORWARD IN FUND 301, COUNTYWIDE FACILITIES CAPITAL Item #16D9 APPROVAL OF AN APPLICATION FOR EMERGENCY MANAGEMENT PREPAREDNESS AND ASSISTANCE COMPETITIVE GRANT PROGRAM FOR FUNDING OF A NOAA WEATHER RADIO TRANSMITTER IN COLLIER COUNTY Item #16El APPROVAL OF AN AMENDMENT TO FLORIDA ENCOUNTER GRANT, CATEGORY C TOURIST DEVELOPMENT FUND Item #16G1 CERTIFICATE OF CORRECTION TO THE TAX ROLLS AS PRESENTED BY THE PROPERTY APPRAISER'S OFFICE 1993 REAL PROPERTY TAX ROLL NO. DATE 246-93 8/30 96 1995 REAL PROPERTY TAX ROLL 95-253 9/11 96 1996 REAL PROPERTY TAX ROLL 96-001 10/22 96 005 10/22 96 007 10/22 96 Item #1662 MISCELLANEOUS CORRESPONDENCE FILED AND/OR REFERRED The following miscellaneous correspondence as presented by the Board of County Commissioners has been filed and/or referred to the various departments as indicated: Item #16H1 RECOGNITION OF A CARRYFORWARD FROM FISCAL YEAR 1995 IN FUND 137 SO THAT A BUDGET AMENDMENT CAN BE PROCESSED IN FISCAL YEAR 1996 Item #16H2 APPROVAL OF A BUDGET AMENDMENT TO CLEAN UP FISCAL YEAR 1995 DEBT SERVICE APPROPRIATIONS Item #16H3 ACCEPTANCE OF THE COPS (MAKING OFFICER REDEPLOYHENT EFFECTIVE) MORE 96 GRANT AWARD AND APPROVE THE RELATED BUDGET AMENDMENT There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 12:38 p.m. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL JOHN C. NORRIS, CHAIRMAN 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 Drescher