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BCC Minutes 03/26/1996 R REGULAR MEETING OF MARCH 26, 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 9:05 a.m. in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRPERSON: John C. Norris VICE-CHAIRMAN: Timothy L. Hancock Timothy J. Constantine Pamela S. Hac'Kie Bettye J. Matthews ALSO PRESENT: Neil Dorrill, County Manager David Weigel, County Attorney Item #3 & #3A AGENDA AND CONSENT AGENDA - APPROVED AND/OR ADOPTED WITH CHANGES CHAIRPERSON NORRIS: Call the meeting to order on March 26, 1996. Mr. Dotrill, if you could lead us in an invocation and pledge to the flag, please. MR. DORRILL: Heavenly Father, we just thank you, and we praise your name this morning as always for your grace and your wonder and the beauty that you have bestowed on this community and the people of Collier County. Father, we thank you for this time today to discuss the business affairs of Collier County. We are thankful for the many citizens who choose to participate and monitor the activities of their county government. And we ask that you bless them for that. We give thanks always for the dedication of our elected officials and the hard work of the support staff. And as always, we'd ask that you bless our time here together today and that the action taken today would be a reflection of your will for Collier County and its people. And we pray these things in Jesus' name. Amen. (The pledge of allegiance was recited in unison.) CHAIRPERSON NORRIS: Mr. Dorrill, do we have any changes today? MR. DORRILL: No, sir. COHMISSIONER HAC'KIE: Whoa. MR. DORRILL: Good omen. CHAIRPERSON NORRIS: That's certainly unusual -- COHMISSIONER HAC'KIE: Wow. CHAIRPERSON NORRIS: -- to say the least. COHMISSIONER HAC'KIE: How did that happen? CHAIRPERSON NORRIS: Mr. Hancock, do you have anything additional today? COHMISSIONER HANCOCK: No. Rather than pull it off the consent agenda, I'm just going to ask that if I can ask staff to get with me on item 8(C)(1) in the next day or two, I've got some questions to go ahead on that. MR. DORRILL: 16(C)(1 e COHMISSIONER HANCOCK: Eight -- I'm sorry, 16(C)(1). Thank you. If I could ask for that, I'll avoid pulling that off the consent agenda. CHAIRPERSON MATTHEWS: Commissioner Hac'Kie, do you have any changes? I guess we need a motion. COHMISSIONER MAC'KIE: Tim? COHMISSIONER CONSTANTINE: I got a couple of changes. COHMISSIONER MAC'KIE: Come on. COHMISSIONER CONSTANTINE: 16(B)(5) and 16(D)(2) I would like to remove from the consent agenda. And 16(A)(4) I'd like to continue for a couple of weeks. 16(B)(5) has to do with the -- CHAIRPERSON MATTHEWS: Is that B-5, B, Baker, 57 COHMISSIONER CONSTANTINE: B, Baker, 5. It has to do with Rattlesnake Hammock speed. I don't have a problem. I just need an explanation. And 16(D)(2) has to do with the fuel tank replacement. HR. DORRILL: 16(B)(5) will become 8(B)(1). And 16(D)(2) will become 8-D as in David 1. And, Hr. Constantine, I need you to tell me the item you want continued again. COMHISSIONER CONSTANTINE: 16(A)(4). MR. DORRILL: Got it. Thank you. COMHISSIONER CONSTANTINE: And with that, Mr. Chairman, I'll make a motion we approve the agenda and consent agenda as amended. COMHISSIONER HANCOCK: Second. CHAIRPERSON NORRIS: We have a motion and a second. All those in favor signify by saying aye. Opposed? There's none. Item #4 MINUTES OF REGULAR MEETING OF FEBRUARY 27, 1996 - APPROVED AS PRESENTED We have next -- COMMISSIONER CONSTANTINE: Mr. Chairman, motion to accept the minutes, approve the minutes, of February 27, 1996, regular meeting of this board minutes. COMHISSIONER HANCOCK: Second. CHAIRPERSON NORRIS: We have a motion and a second on the minutes. All those in favor signify by saying aye. And opposed? None again. Item #5A1 PROCLAMATION DESINGATING THE WEEK OF APRIL 1 - 7, 1996, BE DESIGNATED AS PUBLIC HEALTH WEEK - ADOPTED We'll move on to our proclamations. MR. DORRILL: Mr. Chairman, just in order to have some staff ready, the board had said that today under, I believe, communications that you were going to discuss the discretionary budget list that we sent to you several weeks ago. And I presume we'll do that at the end of the meeting today unless you direct us otherwise. COMMISSIONER CONSTANTINE: Were we going to discuss that today or just simply have our list available for exchange today? And why I ask that is my idea when I brought it up was for each of us to submit a list and then have an opportunity to review each list. MR. DORRILL: Okay. COMHISSIONER CONSTANTINE: And then bring all five forward at the same time. MR. DORRILL: At a subsequent date? COMHISSIONER MAC'KIE: Uh-huh. MR. DORRILL: Very well. Whatever you prefer. COMHISSIONER CONSTANTINE: Is that all right? CHAIRPERSON NORRIS: That's fine. COMHISSIONER MAC'KIE: Me too. CHAIRPERSON NORRIS: We'll move ahead then with our proclamation. This is a proclamation for public health week to be accepted by Dr. Polkowski. Dr. Polkowski, if you could come up and -- and put yourself on television here for us. The proclamation reads, whereas, recognizing that an annual celebration of public health week in Florida and Collier County will increase awareness and understanding of the importance for a strong public health policy; and Whereas, realizing that public health week is a community outreach effort to deliver health promotion messages directly to the community ensuring that the general public and professionals have an opportunity to participate in the program and improve their understanding of and appreciation for the vital impact public health has upon shaping a healthier future; and Whereas, public health services benefit the entire population of Collier County and are among the highest priorities of the Collier County government; and Whereas, greater public knowledge and awareness of healthful behavior are cost effective and contribute significantly to the reduction of needless suffering; and Whereas, public health professionals and others who promote public health play important roles in providing for health and welfare of our citizens, and their efforts undertaken with genuine concern and compassion are worthy of widespread praise and appreciation; and Whereas, public health week also recognizes the coalition of public and private health agencies, foundations, academia, and health-related enterprises that are working to promote healthy behaviors. Now, therefore, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that the week of April 1 to the 7th, 1996, be designated as public health week. Done and ordered this 26th day of March, 1996, by the Board of County Commissioners of Collier County, Florida. And I'd like to make a motion that we accept this proclamation. COHMISSIONER HAC'KIE: Second. CHAIRPERSON NORRIS: We have a motion and a second to accept. All those in favor signify by saying aye. Opposed? Dr. Polkowski, thank you very much. MR. DORRILL: Mr. Chairman, if I may, I have one other item. Miss Chinnery, are you in the audience? Yes, if you'd just come forward, please. Thank you. COHMISSIONER NORRIS: Are there any changes to the agenda? Mr. Dotrill? MR. DORRILL: No, sir. I just -- I took care of that. She was here for an item that's not actually until next week -- CHAIRPERSON NORRIS: Oh, okay. MR. DORRILL: And I didn't want her to sit out there all morning. CHAIRPERSON NORRIS: Oh, I'm sorry. I thought you meant that we were going to do something right now. MR. DORRILL: No, sir. I just needed her to identify herself. Item #5B EMPLOYEE SERVICE AWARDS - PRESENTED CHAIRPERSON NORRIS: Okay. Commissioner Hancock. COHMISSIONER HANCOCK: Yes. This morning it's my pleasure to recognize two employees each with five years of service. First we'd like to recognize Mr. Thomas Kuck for five years service in engineering. Mr. Kuck. CHAIRPERSON NORRIS: Don't forget that pin. COHMISSIONER HANCOCK: You get both. COHMISSIONER MATTHEWS: Thank you, Tom. COHMISSIONER HANCOCK: And this morning we would like to -- like to also recognize David Fitts for five years' service in waste water. Mr. Fitts. Got that Dole handshake down there. COHMISSIONER MATTHEWS: Yeah. Do we still have Mr. Dole with us? COHMISSIONER CONSTANTINE: I'll be happy to have it heal sooner rather than later. CHAIRPERSON NORRIS: Any public petitions today, Mr. Dotrill? MR. DORRILL: No, sir. Item #SB1 RESOLUTION 96-157 LOWERING THE SPEED LIMIT ON CR. 864 (RATTLESNAKE HAMMOCK) BETWEEN US 41 (TAMIAMI TRAIL) AND POLLY AVENUE FROM FORTY FIVE MILES PER HOUR (45 HPH) TO THIRTY FIVE MILES PER HOUR (35 HPH) AND LOWERING THE SPEED LIMIT WITHIN THE WORK ZONES TO TWENTY FIVE MILES PER HOUR (25 HPH) FOR THE DURATION OF CONSTRUCTION - ADOPTED CHAIRPERSON NORRIS: If not, we'll move on to our first item which is the former 16(B)(5), now 8(B)(1). COHMISSIONER CONSTANTINE: Just a quick question on this. This was lowering the speed limit on Rattlesnake Hammock from 45 to 35 and then lower -- MR. CONRECODE: Yes, sir. COHMISSIONER CONSTANTINE: -- within the work zone. MR. CONRECODE: Just during the period of construction. COHMISSIONER CONSTANTINE: That's my question because I know out on 951 even though it's expanding the limit is required to be lower, and I was going to check if Rattlesnake Hammock was the same. You've answered my question. I'll make to motion to pass the item. COHMISSIONER HANCOCK: Second. CHAIRPERSON NORRIS: Motion and a second. All those in favor signify by saying aye. And opposed? There are none. Item #8C1 BCC TO CONSIDER A REQUEST FORAN INTERNATIONAL FIREWORKS COMPETITION AT SUGDEN REGIONAL PARK - STAFF TO WORK WITH PETITIONER AND COME BACK TO THE BCC We'll move on to 8(C) 1), recommendation that we consider a request for the fireworks competition at Sugden Regional Park. Mr. Olliff, good mornmng. MR. OLLIFF: Good morning. For the record, Tom Olliff, your public services administrator. This item, 8(C)(1), is a recommendation that the board consider a request for a fireworks event to be held at the Sugden Regional Park. And if the board will recall, this item came as a result of a public petition that was heard two weeks ago. The project as proposed is to have an international fireworks competition that would span over five separate nights at the facility. It was intended to run on a Wednesday night and a Saturday night in two consecutive weeks, and then the following Saturday would be the grand finale. The project is expected to draw an estimated 100,000 spectators with an estimated 20,000 on average spectators per night at the event. The event is expected to grow each night as the project proceeds and word of mouth spreads about the type of an event that it is. I think from the video that you saw, you realize that the project is one that is a dynamic type of fireworks event where fireworks from the different countries and the fireworks manufacturers are set to music. The concerns that the staff has in regards to this particular event are practical and logistical kinds of issues for the board to consider. The 20,000 spectators each night are expected to draw some -- or require some 7,000 parking spaces. And in addition, the park itself would be, if everything goes well at this point, under construction at that point. And, in fact, in November we would probably be in the clearing and earth moving stage of construction. The site today has no water or sanitary sewer facilities. So everything would have to be brought in and -- and put on site. The event is going to require the use of a number of off-site parking lots and shuttle transportation systems to and from those sites to the community and to that particular park. Because of those concerns, the staff has recommended against having this project at the site at this particular time only because I think at this particular time the project is very much in its infant stages and the property is very much raw land. However, you'll hear I think from the petitioners today that I think that they've tried to address a lot of those logistical concerns and hopefully can answer all those questions here this morning about those. With that, I'm available to answer any questions that you might have. CHAIRPERSON NORRIS: Commissioner Hancock. COMMISSIONER HANCOCK: Two questions -- well, question and statement. Mr. Olliff, your -- your staff report, your summary, is in no way directed at we don't think it's a good event but simply the logistics of getting 20,000 people in the park and out of the park and its impact to the surrounding area. Is that the primary concern you have? MR. OLLIFF: Yes, sir. I think the event is a good event, and it's a successful event in other places. In Toronto and Montreal I know they've had this event for years, and I think it's a very -- in fact, they have some statistics that will show you from the public's perspective it is one of the best type of events that they have in the area. So I think it's very popular and it's a good event. Just from a timing and a -- and a location standpoint today, we think it's probably a little premature at that site. COHMISSIONER HANCOCK: And the second thing is just that I think we all read in the paper the potential or possible request of TDC funding, and that's really not what we're going to discuss today in case anyone here is here to talk about TDC funding. This is simply to decide whether or not the park is an appropriate place. So try and keep those at the appropriate time. CHAIRPERSON NORRIS: Commissioner Constantine. COHMISSIONER CONSTANTINE: Mr. Olliff, I've always respected your opinion. You always give us good updates and information. But one thing that raises a red flag for me and that's when the words if, could, and might all appear in the same sentence. And the potential impacts here are outlined in a sentence that includes something -- if something might happen, it could do something and might do something else. And any time we link three hypotheticals, I wonder how far off we're getting if you could help me a little bit with that. And then secondarily, I was under the impression that our shoulder season was defined as ending November 1. Perhaps I'm mistaken. Maybe it's December 1. But under fiscal impact, the final paragraph says, the event planned in November meets the, quote, shoulder season goals. And I thought shoulder season as our TDC has defined it traditionally ended once November began. MR. OLLIFF: I thought it was -- November was included. We'll double-check that. But I think the actual proposers went and sat down with the staff who sort of acts as liaison with the TDC to make sure that this project fit in with the criteria of the TDC. COHMISSIONER HAC'KIE: Again, like Commissioner Hancock said -- COHMISSIONER CONSTANTINE: Yeah. I don't want to get off on that. COHMISSIONER HAC'KIE: But I do hope that this -- this will spur some careful scrutiny about how TDC funds are spent. COHMISSIONER HANCOCK: At the conclusion of this item, I've been talking to some members of the TDC, and I'll try and bring you up to speed on what we might do there. COHMISSIONER HAC'KIE: Great. MR. OLLIFF: To -- to -- to answer your first question, it's very difficult when you've never had an event like this -- and, in fact, there's never been one in the United States like this -- to -- to be able to rely on to see what you're going to actually have. Our concern was only that this is being proposed as the first major event at the site. And there are a lot of potentials for an event when it becomes this large to have some difficulties and some impacts on the surrounding neighborhood, especially when you're talking amplified music and fireworks. And -- and given preference, I think the staff would probably want to have some smaller type events to be able to understand how crowd management and control can be handled at the site before we embarked on a project this large. CHAIRPERSON NORRIS: Commissioner Hancock. COHMISSIONER CONSTANTINE: Just one final question. To reiterate, parks and rec. advisory board, those members that were there anyway, did support the concept? MR. OLLIFF: Yes, sir. COHMISSIONER HANCOCK: Two areas I have questions for, and I guess Mr. Lieth or whomever's appropriate -- if -- if Mr. Olliff doesn't have the answer, you might be more well suited to -- to give me the answer on this. One is how much open space will be required for the viewing area on site because we obviously heard that clearing will be ongoing. And we need to know that if we expect 20,000 people there how much open space is required to accommodate those people and will it be present on site by the time the event is scheduled to happen. The second item, Mr. Olliff, you and I discussed this. If we are to have off-site parking and bring people in, we need, I believe, approximately 7,000 parking spaces total. "A", to bring them in, to shuttle them by bus, a bus holds about four hun -- four -- 45 people, so we're talking 450 bus trips in and out of the park. And that number sounded kind of big to me but -- and I don't -- again, I just need to know if it's practical and doable and what time it takes to get people in and out and those kinds of things because Mr. Olliff has expressed some concern about the adjoining neighborhood. I think we need to consider that. Those are my two -- two concerns, and -- and I guess Mr. Lieth would be more appropriate to answer them. MR. OLLIFF: I think they've been doing a great deal of work, you know, in trying to address those logistical concerns. And I will tell you that they have experience. These are the same people who do the events in Canada, so they -- they know how to handle crowds and how to handle these type of productions. And perhaps now's a good time to have him come up and answer some of those logistical questions for you. CHAIRPERSON NORRIS: Commissioner Hac'Kie. COHMISSIONER HAC'KIE: Just as they're coming up, what I -- I wanted to say was that perhaps, Mr. Olliff, you have more information -- I -- I'm sure you have more information than I have. I have what we got in the last presentation and what we have in these two pages of a staff report. But based on the information I have, I think we're way ahead of the curve on prejudging -- I need -- I need site plans. I need proposals. I need specifics. Why -- I would like not to kill this today and see if we can't get more specific unless you're prepared to tell me you've reviewed everything carefully enough and you know it won't work. MR. OLLIFF: No. And, in fact, the meetings that we've had we talked about initially, I mean, where would the parking spaces be, for instance. And every shopping center up and down the East Trail would provide 3,000 if they were all available. So then you still have the -- a majority of the parking spaces that are needed that are going to have to be someplace even further than the East Trail. And we've talked about the airport and some other places. We've even talked about the possibility of a scaled-down type of an event and would that be a possibility. So I don't think there's anybody saying that this can't happen. And I think a lot of the details still need to be flushed out, and I think we'll see this morning a little bit about what the work they've done already to be able to answer some of those questions. MR. FOY: Good morning, commissioners. My name's Peter Foy. I'm the event director for International Fireworks Management Group. I would like to respond to your concerns, Mr. Hancock, concerning the shuttle routes and load-in and load-out periods. I prepared a logistical summary which I can pass out to each and every one of you at the completion of this presentation. Approximately 75 transportation vehicles, buses, will be utilized for load-in starting at four o'clock in the afternoon. Our load-in period runs from 4 till 6:30, 7:00, the main event being 7:30. This takes a lot of pressure off as far as load-in goes. Exiting the park afterwards is where the bulk of the logistical problems come in. With 75 buses and the off-site parking facilities that have been arranged for at this point which amount to 7,000 spaces, that load-out period is projected to take approximately an hour to an hour and a half. We have not secured the shopping centers nearest to the event. That will be addressed, and these -- these facilities may change. But at this point we have five facilities close enough to the event to be able to move eight to nine thousand people per hour. Keep in mind that if we have a full house of 20,000 people, a number of those people will be parking close to the event as well, and we more than likely will not require all 7,000 spaces. As far as landscaping concerns related to the general public, the east side of the lake where the grandstands are now in existence for the Skimmer show needs practically very little work done to it. We're looking at the grassy field play -- play area and picnic area at the north end of the lake for additional general admission. Those two areas would need to be cleared and prepared as far as landscaping requirements go. The grandstand seating itself is projected to hold approximately 11,500 people, the balance being general admission at the west -- east and north -- north section of the park there. As far as launching sites go, we would need exotic vegetation removal which would be on the west side of the lake. There is an existing road on the south end which some improvements would be required in order to facilitate access to the launch area. COHMISSIONER HAC'KIE: When you talk about some of those improvements, are those things that -- that you would be doing or you would need the county to do before this could happen? MR. FOY: As far as improvements to the road, that is something that we can do. But, however, if it is built into your initial buildout, then we would appreciate the county's support in that particular area. COHMISSIONER HAC'KIE: I guess -- I guess to be really blunt, one of the things that I see as a possibility here is if -- if we are -- if you're ahead of our development curve, perhaps you can help us accelerate the curve, and that would be reason to go forward with the project. MR. FOY: Well, providing we get site approval, that would open negotiations to all of those specific points with the parks and recreation department or publics works director. There is a planned buffer surrounding the park, some of which is sort of already there. And I have heard that there is a plan for fencing as well. Those both would be prerequisites as far as securing the park. Also the -- the main entrance would be required to be completed. And the emergency exit at the southwest -- southeast corner, that we would like to keep open for emergency vehicles should -- should such a -- an event occur. COMMISSIONER CONSTANTINE: Mr. Olliff, those specific items he just mentioned, are they scheduled to be completed in this time frame? MR. OLLIFF: We don't even have a construction schedule as yet because the zoning hasn't even been to the board for approval. But I was sitting here trying to map out what a tentative rough time frame would be. And in April and May, assuming that the zoning gets approved, we would be into the site development and design permitting stage. June and July we would be preparing bid specifications and bidding the construction of the project. And then August and September we'd be awarding the bid and negotiating a contract and issuing that notice to proceed. So we probably wouldn't be able to actually start construction until the October, November time frame, so it would give us roughly 30 days in advance of this project. And whatever we can accomplish in 30 days, we would try and phase construction so that those things that needed to happen for this type of an event could be done first. But the likelihood of building the entrance road and in clearing the grass play field and having it sodded and ready to go in time for the event, it's tough. I'm not going to say that we can't do it but -- COMMISSIONER MAC'KIE: Tom, what was the -- what was the total there from -- from site development -- I'm just thinking from a private developer's standpoint from the -- from the point in time when you submit your SDP to when you expect to start construction, you said like six months? Private developers don't do it that way. MR. OLLIFF: Well, it takes us a long time to bid. Our bidding requirements require in most cases us advertising for 30 days, and that's generally what causes us to take longer than a private development company so -- COMMISSIONER MAC'KIE: Okay. COMMISSIONER MATTHEWS: Mr. Olliff answered the question I was going to ask, and that is is there -- was there a way to phase the construction components that are necessary for this project, and he's already answered that so -- CHAIRPERSON NORRIS: Mr. Dotrill -- are you -- are you finished, sir? MR. FOY: If I could make one additional point regarding the -- the restroom facilities, regardless of whether those facilities were in place or not, we would have to bring in additional facilities to accommodate the crowds expected, so that is a non-issue for the event itself. CHAIRPERSON NORRIS: Mr. Dotrill, do we have public speakers? MR. DORRILL: Yes, sir, there are. COMMISSIONER CONSTANTINE: I have a question for the presenter before you do that. From where do you expect to attract 20,000 individuals on a night? That's better than one in ten of every man, woman, and child in the county are going to be at this event. MR. LIETH: I might -- CHAIRPERSON NORRIS: Identify yourself for the record. MR. LIETH: Oh. It's Brian Lieth, and I'm the marketing director. And if I may answer that question for you, Commissioner, the bulk of our focus in advertising will be outside of Collier County. If you look at the Canadian events, the focus is primarily in the surrounding area because it's being done in large cities. Despite it being in the immediate vicinity in those cities, close to 40 percent of the attendance is coming from outside the area. We plan on shifting the focus, as I mentioned, outside the area. So we plan on drawing about 70 percent of the attendees into the area from other counties. COMMISSIONER CONSTANTINE: Thank you. COMMISSIONER HANCOCK: I'd like to piggyback on that if I may. The draw in your current events makes a lot of sense because an event like this gains a reputation each year that it's held successfully. Do you have information on the first year of the event and whether it had a draw outside of the municipal area it was being held in because my concern is that -- and I've discussed this with Mr. Olliff -- if I live -- if this event were in Miami, would I pack my family in a car and drive over to see it? Probably not until it gained a reputation -- MR. LIETH: Uh-huh. COMMISSIONER HANCOCK: -- that would draw, that would have some -- you know, some -- something associated with it. So I'm curious in the first year, do you have first-year figures for the other events that support an outside draw or -- again, do you see where I'm going with that? MR. LIETH: Yeah. The event has always been successful in its first year. Most recently it was introduced in Quebec City, and the attendance swelled each night over the first year's presentation there quite significantly. We feel pretty comfortable that we can probably draw in 90 percent of the numbers that we're looking at. You find that with the three-day period in between each event and, you know, the word of mouth gets around very quickly that it's an event worth going to. So you get strength from show to show in a single year, and then you get strength from year to year. The event has extremely strong repeated visitation, so you get a lot of people who attend it on an annual basis. So it's a -- it's a -- it's a good event, and it also is a good long-term event so -- CHAIRPERSON NORRIS: Mr. Dotrill, could we go to the public speakers then? MR. DORRILL: Yes, sir. Ms. Miller, you'll be first. And then, Mr. Carpenter, if I could have you stand by up here, please, sir. MS. MILLER: Do I speak here? MR. DORRILL: Yes, ma'am. Good morning. MS. MILLER: I'm Phyllis Miller, and my property backs right up to the Avalon Park. And we have several senior citizens there. And our working class, of course, can't come to the meetings in the morning. Now, we could get a petition up and have it signed by all those that are not in favor of these fireworks. The traffic, we're always thankful when it starts slowing down a little. And I have a group with me this morning that could come. And there's no way we want any fireworks there. I can hear the loud speaker just as well as it's in my yard from the Skimmers. That I don't have anything against. But these fireworks, no way. MR. DORRILL: Mr. Carpenter, if you would, please, sir, and then Mr. Kennedy, Brandon Kennedy. MR. CARPENTER: Hi. I'm Dave Carpenter, president of the East Naples Civic Association. And we're backing this event. We have no financial tie-in with the group. But we think it would be a good event for East Naples. As I've seen this progress, I think International Fireworks Management has gone out of their way to try and accommodate the community. They passed out -- hand-passed out, 600 flyers in the area, the residential areas, adjoining Lake Avalon and held a public meeting in the evening at the East Naples park. I think there was approximately 35 or 40 area residents attended that meeting. They did their best to answer their concerns, and they took their concerns a step forward. The two concerns that seemed to exist in the area were, number one, they didn't want something going on at ten or eleven o'clock at night on a weekend or a week night. And I think that was addressed by the fact that the event will be over at eight o'clock and they're hoping to have basically everybody cleared out by nine. we're not looking at something like a Naples, you know, private fireworks at eleven o'clock at night. The second concern was parking. And from -- from the initial concept of this, International Fireworks Management have said we realize that there will be no parking at Lake Avalon or in the residential areas surrounding the lake. And they've shown an ability to work with the sheriff's office to make certain that the residents around the area don't have people parking in their yards and that those side streets don't become a quagmire of cars trying to get in. So, you know, this is something they've seen professionally right off -- right off the front of it. As far as the effects of the event on the East Naples area in general, number one, we feel it would be good for businesses. We've gotten an awful lot of input from restaurants in the area and motels in the area that think that this would be a great draw to the area. As far as imaging goes, we see it on par as with the Intellinet Challenge which held out in East Naples this year brought a tremendous amount of prestige to that part of the county. And we think an international event of this caliber would fit in with that image for our end of the county on it. We're not going to address TDC funding at this point. I know that's -- that's not on the agenda today, and that's for the TDC board, the committee from hell, to deal with. But we think this would -- would be a good, positive event. As far as tying in with the construction at the site, I think one of the things you have to factor in is if you say let's go ahead and give it a try this year is to let them sit down with Tom or who's ever going to be in charge of the construction there and say, okay, this is what we need. It may be a case where they're allowed to go ahead and do it themselves and then be reimbursed by the county if that's what it takes to be speeded up. But I kind of agree with Commissioner Hac'Kie that the time frames to get some minor improvements -- and that's what they're talking about, some form of an interest that doesn't have to be polished and it doesn't have to be -- you know, even if it's gravel with a base on it instead of paved, that would work for them. They're talking about some fill along the area of the lake where the Skimmers have their bleachers currently. That's not a major problem. I'd hate to see this thing at this stage be kind of nitpicked to death because of worries or concerns. These guys are big, grown-up guys. If the facility isn't right and doesn't work for it, they stand to lose a bundle on it. And so I think it's kind of -- really the onus is on them to work with the county to get the site improved to a level where it's usable for them, and I think that can be done. And I think rather than kind of saying, well, you know, this might not be exactly right or that may not be exactly right, they're the ones that have to make certain it's workable for them. And I think if it's approached that way that some of these improvements they may have to undertake on their own to get it ahead of schedule and get it in I think -- I think that can be accomplished. At any rate, I think it'd be a great event for East Naples. There's a lot of enthusiasm within the East Naples Civic Association for it. And I think they've done their darnedest to -- to try and handle the concerns and the legitimate concerns of the residents around it. And I think -- I know obviously you're going to have -- any time you do anything in this county somebody objects. And you as commissioners certainly know that. But I think in general it'd be great for the area. Thank you. MR. DORRILL: Mr. Kennedy wants to wait and speak on the zoning matter, so Mr. Erlichman will be your final speaker. Mr. Erlichman. MR. ERLICHMAN: Oh. Good morning. My name's Gil Erlichman, and I live in -- I live in East Naples. And I'm speaking for myself and TAG. First of all, Mr. -- Mr. Carpenter and the East Naples Civic Association do not speak for me. I'm not a member of the East Naples Civic Association. And I disagree with many of their precepts and many of their supports -- support that they had for various other projects in the county. Actions have consequences. If the commissioners vote today to accept this agenda item, that means that in the future the TDC is going to be concerned with giving these people TDC money because in the -- in the Naples Daily News the other day there was a very definitive article about -- about this. And the -- there were figures in there which I cannot -- could not check the facts in a short period of time. But they're talking about drawing on four -- drawing on 14 million people of the surrounding areas. Well, I don't know what the population of Florida is if somebody could enlighten me on that. Also they're talking about the 5-day event in which they would draw 100,000 people, 20,000 people a day. In other words, Wednesday, Saturdays and then a Wednesday and Saturday. And I think -- I don't know where the fifth day comes in from. I just heard these pe -- the people that are running this business talk about metropolitan areas. Well, I heard mention the area of Quebec City. I think they -- I think they're also -- have done this in Toronto and I don't know how many other major cities in -- in Canada. But here we are down here in Naples in Collier County, and I've heard some comparisons between the event that would -- that they would do here and comparing it to Canada and how well they control the crowds and they draw from the surrounding areas and so forth. Here are some of the things that I heard pets -- the people mention: This load-in, where are they going to load the buses? Seventy-five buses, where are they going to load them? They're talking about shopping centers. Work on the grandstand that's presently in the park, landscaping, extra -- extra -- ex -- exotic vegetation removal, root -- road improvements, road entering or roads in the area there, negotiations with the park -- with parks and the recreation department, security risks -- exits and entrances, in other words, to allow police, I guess, there to patrol the exit and entrances and make sure that the -- they're not cluttered with trapped cars so that any egress or entrance of emergency vehicles would be available. And also Mr. Olliff said they -- the parks -- park and recreation department doesn't have a construction schedule. Well, as Mr. Constantine said, it's all about if this, when this, and so-called, so forth. And I hear that the previous speaker was talking about the county paying for this. Well, when you say county, substitute taxpayer. You mean to tell me that the taxpayers are going to pay for all this work and supposedly I heard somebody mention that -- the previous speaker said that they would probably -- the company that's doing this fireworks thing would probably re -- reimburse the county. Well, first, that's another subject. You're talking about -- of having this project. Let's talk about the financial arrangements. How much money is it going to cost the taxpayer? What happens to the profits from the -- from this fireworks -- music, fireworks thing? Are they going to keep all the profits? Are they going to pay back any money borrowed from the TDC? Are they going to pay back any -- any monies that expended (sic) by the -- by the taxpayers in Collier County for these various improvements at Sugden Park? Let's think about that. Thank you. CHAIRPERSON NORRIS: Thank you, Mr. Erlichman. MR. DORRILL: That's all, Mr. Chairman. CHAIRPERSON NORRIS: That's all? Comments from the board? COHMISSIONER HAC'KIE: I -- I have one. I'd like to do exactly what Mr. Erlichman said and think about it. I'd like to get the information, get the answers to his questions and the others that were raised. And we can't do that unless we continue to investigate it. So I'd -- I'd like for the project to continue to go forward so we can find out if it's possible to do. I just think it would be a wonderful benefit for East Naples, and it's just the kind of thing we want to see. Yes, the timing is early. And yes, it will be a challenge. Let's just see if we can meet it. Maybe we can't. But let's -- let's see if we can. COHMISSIONER CONSTANTINE: I concur that we should at the very least explore it further. Some of the logistics are kind of vague, and perhaps we can work those out in more detail. And I do like the question of the petitioner sharing in the expense. If we have something over and above or if we need to move up some of the construction schedule, then I'm not sure the taxpayer should shoulder a burden of any additional costs there. But it's worth -- it's worth investigating. I think Mr. Olliff has a good point that the worst thing we can do is do it wrong. But I'm not convinced either way yet. We need to settle some of those logistics and -- and know -- if we can do it right, then, you know, I think there's an advantage to it. But we need to explore it and make sure we can. CHAIRPERSON NORRIS: Yeah. I'll take your comment one step further and note that I am sure that the taxpayers should not shoulder any burden for -- for any acceleration of schedules. I mean, obviously we -- we have plans to do certain things at the park, and -- and we have allocated funds to do that or will allocate funds to do that. And I don't think that we should get in the position of expending any extra funds to accommodate this particular event. Any other comments from the board? COHMISSIONER MATTHEWS: I feel the same way. I mean, if -- if -- if we're going to have to do some temporary construction work in order for this project to go forward, I think the project should bear that expense if it's temporary and we intend -- and then we have to go back and redo it in that the sole reason for the temporary expense was the project. CHAIRPERSON NORRIS: Uh-huh. COHMISSIONER MATTHEWS: So I'm -- I'm concerned about that. I'm concerned about the time frame. But they're all answers I'm sure that exist somewhere. We need to get them. COHMISSIONER MAC'KIE: And just I know I've said this before, but I really do think that these people do -- there's a profit to be made here. And perhaps in addition to the taxpayers not absorbing any extra expense, perhaps the -- this private company can help us with some of the permanent improvements to the park. And that can be, you know, part of the incentive to the county for doing the deal. COHMISSIONER HANCOCK: If I remember correctly -- and I'm sure Mr. Lieth will correct me -- but the proceeds, a portion of the proceeds of this event, will go to local charities such as the YHCA and others. So a lot of what Mr. Erlichman brought up are things that are hammered out through the TDC application process if those funds are being requested. So I think what you're hearing is that this board is -- is quite simply not going to dedicate any tax dollars to preparing the park above and beyond what we already have. And if that needs to be accelerated, it will be done so at -- at your expense. We're not here to make a -- a decision on TDC funding today. But what I would like to do is set, I guess, a check and balance. We've all said, okay. We -- we think these things can be hammered out. Let's see if they can be. But we know there's one hurdle left before getting those answers, and that is whether or not TDC funding is secured and if the funding is or is not secured, will the event go on anyway. So we need to set a -- either time or -- or something that -- that we make a -- if we're not making a final decision today, we need to at least set the time frame in which that can be made. I hear a preliminary approval for the most part -- COHMISSIONER MATTHEWS: Well -- COHMISSIONER HANCOCK: -- with some outstanding issues. COHMISSIONER MATTHEWS: -- I think Mr. Olliff can best help us with the time frame on -- on what would otherwise be called a drop dead date of -- of when the bids and proposals would be finally reviewed and -- and submitted and given to whatever company wins the award. That, I presume, is a drop dead date. MR. OLLIFF: Well, from what I hear from the board, I think what staff would need to do is go back and -- and let them proceed through the TDC and determine whether or not they are going to get that funding and then flush out those details and specifics in terms of where are the parking facilities going to be, exactly how many numbers, what are the routes, what are the restroom facilities, what are the water facilities, what are the vendors, security, traffic control, all of those kinds of issues and bring you a plan that they would submit in the form of a contract with us and let you consider that. I would think we probably need to have that resolved within the next six weeks in order to be able to make a decision because if we're going to accelerate, there are some things we need to do in terms of maybe looking at a design/build contract as opposed to just a straight design and then construction contract and some other things. So we would probably need to have that decision from you within six weeks. And I think in talking to the proposers here that that's probably a doable time frame to try and get some of those answers put together. CHAIRPERSON NORRIS: Okay. I believe that the next TDC meeting is May the 6th. That's probably six weeks out. MR. OLLIFF: We'll -- we'll try and shoot for then, the Tuesday following that TDC meeting. CHAIRPERSON NORRIS: So your direction then is to work with the -- the proposals to try to get a little more firm on the -- the details here and assuming the petitioner doesn't have any objection to -- or the time -- timeline here, going to May the 6th to the TDC, is not going to interfere with the project or -- or cause undue hardship, then that's the way we'll proceed. Is that -- we need the presenter to maybe -- COMMISSIONER HANCOCK: We'll need you on the microphone, Mr. Lieth. CHAIRPERSON NORRIS: -- maybe to make a comment on that. MR. LIETH: If I may, Mr. Chairman, we would greatly appreciate a tentative approval at least at this point based on our being able to sit down with Tom and work out the logistical details. We actually do have a detailed plan in place at this point which we can go through with him. But it is difficult for us to go ahead and proceed with planning for the event not knowing one way or the other whether we have a -- have a site for it. We -- CHAIRPERSON NORRIS: Well, I appreciate that. But on the other hand, what we have been presented here today is -- is a very amorphous proposal, and it's hard for us to make a -- an informed decision on what we've heard here today. There's just too many questions. Every time we hear something, it raises several more questions, not the least of which is are you willing to go forward absent any TDC funding at all because there's always the possibility that you don't receive any. MR. LIETH: Uh-huh. CHAIRPERSON NORRIS: So are you willing to -- to go forward without TDC funds? MR. LIETH: We probably would not go forward without TDC funds. CHAIRPERSON NORRIS: Okay. Well, that -- that's a pertinent question that -- that's going to be answered in the next few weeks. But, you know, there are so many questions that we've raised here today that we don't have answers to that it's going to be hard for us to give anything more than a -- an approval to go forward in discussions with you and the staff to try to work out a little more firmness to the details that we would like to hear so that we can make our informed decision. MR. LIETH: Okay. Would it be possible to move ahead the approval process, though, as opposed to waiting for the TDC approval which is six weeks down the road? Could we not get together with -- with Tom Olliff in the next week to two weeks? CHAIRPERSON NORRIS: I don't think the board has any objection to that at all. But, you know, if you're not going to be able to go forward with -- without TDC funding, that's something you need to take into consideration because you haven't received that yet. MR. LIETH: But at this point we're -- we're really just specifically looking for park approval. The TDC is another issue and another hurdle that has to be dealt with. CHAIRPERSON NORRIS: That's fine. I don't know if -- Mr. Olliff, do you have any objection to a three- to four-week timeline on this instead of six? MR. OLLIFF: No, none at all. I think we can -- really the -- the burden's on them, and the burden is for them to develop those details and be able to provide those to us. So whenever they're available, I'm -- I'm more than willing. CHAIRPERSON NORRIS: Well, with -- with the board's approval then, we'll -- COHMISSIONER HANCOCK: Three weeks? CHAIRPERSON NORRIS: -- go forward with that direction. COHMISSIONER HAC'KIE: As soon as they can. CHAIRPERSON NORRIS: As soon as possible. COHMISSIONER HAC'KIE: Time is of the essence. COHMISSIONER CONSTANTINE: Not to exceed six weeks. If they can come back in a week, more power to them but -- COHMISSIONER HAC'KIE: Please. Hurry. COHMISSIONER HANCOCK: Except this does have to be -- does this have to be advertised? COHMISSIONER HAC'KIE: No. COHMISSIONER MATTHEWS: No. CHAIRPERSON NORRIS: Okay. Mr. -- Mr. Olliff, you're clear on your direction then? MR. OLLIFF: Yes, sir. COHMISSIONER MAC'KIE: You're clear on that one, huh? All right. COHMISSIONER HANCOCK: I'd mentioned that at the conclusion of that item I wanted to just bring to the board's attention that I've been talking with members of the TDC. And obviously we continue to wrestle with a diff -- a divergence of opinion on what category C should be used for. The TDC seems to lean one way, and this board has gone in another direction many times. What I'm going to do is work with them and try and develop, I guess, a common ground guidelines. And if we can do that, I would appreciate the board's indulgence in possibly scheduling a two-hour time certain workshop at some point to -- to list those and have discussion, objections, and so forth on them. I know we've gone through category C before. COHMISSIONER HAC'KIE: Two hours? COHMISSIONER HANCOCK: Well, I'm -- I'm just saying maximum. But the point -- the point is there's still some divergence there, and I think we can work closer with the TDC if we can come to common ground. And -- and if we can't, then -- then we can't. But I want to at least give that a try. COHMISSIONER CONSTANTINE: I don't mind exploring it. Just two thoughts come to mind. One is the chairman is assigned the task of working with the TDC every year. So perhaps John could best do that. But also we have altered some of the formula for category C in the past year because the complaint a year ago by the hoteliers was, well, nobody's using it anyway, so let's shift it over. And it appears now the requests are rolling in now that we have a more user friendly category C. So if you want to explore it, I don't have a real problem with that. But it seems to me we have something in place that appears to be working now. But it's only been in place for six or eight months, and we ought to give that a little time so we have a track record on which to look at. COHMISSIONER HANCOCK: Agreed. I'm not talking so much about an ordinance change as I am reaching some level of understanding of -- of what a -- a best and highest category C event would be. And I don't think we've ever had that open discussion with members of the TDC with the exception of the chairman sitting on that board. CHAIRPERSON NORRIS: Perhaps we could schedule this on an agenda sometime and -- and chat -- chat about it -- COHMISSIONER HANCOCK: I just wanted to bring it to your attention. CHAIRPERSON NORRIS: -- under communications or something. Item #8C2 AGREEMENT WITH THE FLORIDA DEPARTMENT OF COHMUNITY AFFAIRS FOR A GRANT IN THE AMOUNT OF $854,210 TOWARD THE PURCHASE OF THE LAKE AVALON SITE AND RE-ALLOCATE THESE FUNDS TO BE USED FOR THE DEVELOPMENT OF THE NEW SUGDEN REGIONAL PARK - APPROVED SUBJECT TO STIPULATIONS Let's move forward to 8(C)(2) to accept a grant in the amount of $854,210 for the -- to be used for construction and development at the Sugden Regional Park. COHMISSIONER CONSTANTINE: I have a couple of questions. COHMISSIONER MATTHEWS: Is there a down -- is there a downside to this? MR. OLLIFF: Well, the down -- I don't know that I would consider them downsides. There are some considerations that you need to make and think about and make some decisions about. This item hopefully will be a lot easier to deal with than the last one, and there are a lot less considerations here. In this particular case the staff prepared and submitted a grant for that Florida Communities Trust Grant program in the amount that you see. And in honesty, one of the things that helped us to win that grant was our association with the Gulf Coast Skimmers because juvenile justice was associated with this grant program this year, and some of the work that they're doing out there put us in a very good position in order to be able to get this grant. The only -- the only decisions that really need to be made today is the grant can be used for two things. And as you'll recall, when we purchased the property, we purchased it with a note against regional park impact fees. And we currently have an outstanding note of about 1.6 million dollars which we have an annual debt service payment of just about $225,000 a year that we're paying -- paying it off. This money can be used to help pay for the land cost, or it can be used to be put towards the construction. What we're proposing to you today because of the directions that we've received from the board to get that project moving is that we put it towards construction. And I'll tell you the money that we have available for our construction today in the budget is $500,000. And that's the $500,000 that we had that was donated from Hr. Sugden for the project. With that amount of money, we can actually do the entrance road, do the restroom building, and a parking lot. And that's basically what we would have at the end of construction with that available cash. With the additional money here from the grant if we put that towards construction, you will be able to develop the picnic areas. You'll be able to develop that open play field areas, the concession building that will include the canoe and paddle boat type rentals and basically the beach area that the board seems to want to have as part of that park. So I think most of the public-type amenities are contingent upon us being able to use this money for construction. that's really the only decision that you're faced with today. COMMISSIONER MAC'KIE: I '- CHAIRPERSON NORRIS: Commissioner Constantine. COMMISSIONER CONSTANTINE: Two questions. At the bottom of the page, it says if any essential term or condition is violated and we don't correct the violation within 30 days from the date of written notice, the state can take title to the property. Is that solely during construction, or is that from now to eternity? MR. OLLIFF: My understanding of that is now to eternity, and I think there are some primarily environmental issues that will be developed as part of what they have as a management plan. It's the same type language and the same management plan that we have at Barefoot Beach. COHHISSIONER CONSTANTINE: Are there any restrictions on what the state can do with that property should they make a claim and we don't satisfy it in 30 days and they take title, or could they theoretically sell the property? MR. OLLIFF: I'd have to look into that. I don't know that there are any restrictions other than our own local zoning ordinances about what could happen to that property. COHMISSIONER CONSTANTINE: I just would think if -- if their grant is for us to improve this as a regional park and they have an understanding of that, that their ultimate goal would be to maintain it as that as well. And I don't have any objection that if we have some violation and we've taken nearly $900,000 of the state money and we don't keep it up that they should take title. But it seems to me there should be some sort of clause in there that requires them if they're going to take title to maintain it for the same purpose in which it was intended. And that gives me real discomfort. I mean, theoretically down the road, some little environmental thing doesn't happen in 30 days and the state takes that, I think that's a real concern to me. I want to get the grant but -- COMMISSIONER MATTHEWS: That's what I call a downside. CHAIRPERSON NORRIS: Perhaps Mr. Weigel can address that a little more. Mr. Hancock, do you have questions? COMHISSIONER HANCOCK: Yeah, I did. I wanted to ask Mr. Weigel if the -- if the grant's 800,000, the property value's 1.6 million, the idea that a tie to an $800,000 grant is they can take property worth 1.6 million under title? I mean, that makes no sense to me. It may mean they can put a lien against the property. But the idea of -- of them being able to take title of property twice the value of the grant should we fail to comply with what they're asking -- and I don't think we'll have a problem complying with it -- does -- doesn't that sound a little unusual? MR. WEIGEL: Well, it really just reflects potential bargaining power of the entities entering into a contractual agreement. COMHISSIONER CONSTANTINE: Can you answer my question? MR. WEIGEL: Could you repeat my question, please? COMHISSIONER CONSTANTINE: Sure. It's a matter of if -- can we -- I mean, you mentioned their bargaining power. But can we require that if they were at some point to take title that the property would remain in its intended use as opposed to the state having any opportunity to do with it what they would including selling? MR. WEIGEL: Well, I think in the -- in the context of this agreement if your approval had that proviso that in essence is a -- an amendment to the agreement as it's -- as it's drafted here and would go back as a contingency, they could approve it or not on that basis. COMHISSIONER CONSTANTINE: I'd feel much more comfortable with that because it doesn't make much sense. If their intent is to assure that we maintain this appropriately, in their mind appropriately as an environmentally sound regional park, then they don't have that -- put that restriction on themselves. That just doesn't make any sense. MR. WEIGEL: I won't attempt to speak for them, but I would expect that they don't have a surreptitious motive. CHAIRPERSON NORRIS: Mr. -- Mr. Weigel, is it a matter of practice with these straight -- excuse me, state grants to have this type of clause in there? MR. WEIGEL: I can't say that it's a matter of constant practice. CHAIRPERSON NORRIS: Uh-huh. MR. WEIGEL: They get what they can get by with quite often. CHAIRPERSON NORRIS: Would another option be to simply repay the grant if they were not happy with how we were performing? MR. WEIGEL: Again, that would seem to be a contractible option. CHAIRPERSON NORRIS: Okay. MR. WEIGEL: Yes. COMHISSIONER HANCOCK: I'm under the impression from this language and the way the grant requests are written that many people are using the grant money to purchase the property in total. And that's why this statement is in there. We're talking about -- you know, so I don't think it applies here. So I think we have a point that -- that makes sense that we aren't using the grant money to buy the property in total so the idea the state could take title for violation is -- is -- is really not applicable. This -- this -- and let me -- the second thing is under number -- item number 4 where it says county must restore approximately 15.75 acres of disturbed upland to its native state, we're going to take disturbed upland and replant it to make it upland? Where is this in the -- in the plan? Where -- what part of the lake are we talking about? Any idea? COMMISSIONER MAC'KIE: The lake itself is not upland. I just thought I'd point that out. COMMISSIONER HANCOCK: Not today but -- MR. OLLIFF: There -- there's a -- what they call a scarified area to the -- I believe it's to the south and to the east on the property that's basically a -- a lime rock stockpiled area -- COMMISSIONER HANCOCK: Okay. MR. OLLIFF: -- things that we would probably have to go back in and replant, some slash pines or some things that were upland in nature. We would much rather and always prefer to do upland mitigation than we do wetland. I think it's a much less expensive and less onerous kind of mitigation. COMMISSIONER HANCOCK: But my question was does that area fall into a part of the plan that that would adversely affect what Mr. Moore and others put together? MR. OLLIFF: No, no, not -- COMMISSIONER HANCOCK: Okay. MR. OLLIFF: -- at all. COMMISSIONER HANCOCK: Okay. And the exotics must also be eradicated. Obviously we were going to try and remove exotics through a phased program rather than trying to do the entire lake at one time. Can we get clarification that a phased plan is acceptable to meet that criteria? MR. OLLIFF: I think that would be included as part of the management plan that's required, and then we were allowed to do that at Barefoot Beach because of the number of Australian pines and things there. What we have anticipated trying to do -- and we've already talked to them about it -- is actually phasing in replanting some natives that would grow and provide some shade and some buffer between the houses and hopefully be able to do that over a number of years rather than just eliminate what is the whole tree line out there at one time. COMMISSIONER HANCOCK: Okay. COMMISSIONER CONSTANTINE: Can you explain for me number 3, the water quality consideration? What exactly does that mean? MR. OLLIFF: I'll let Mr. Brinkman deal with that. The littoral zone is actually an issue that we had to negotiate with them a little bit about. MR. BRINKMAN: Yes. They just require that around most of the lake a littoral zone be established, and that's just allowing a plant material to grow back up around those areas. The areas that they would exempt would be where the Skimmers' beach would be and where our future beach would be. We would not be required to have it in that area. COHHISSIONER CONSTANTINE: And what is the water quality portion of that that it must be protected? MR. BRINKMAN: Yeah. We have done a number of tests initially before purchasing the property to make sure that the water quality was, in fact, good. We would have to contin -- continue to do that on an annual basis or actually more frequently if we're going to have bathers in the water. So we would do something on a regular basis. COHMISSIONER CONSTANTINE: Do we have any idea -- idea how frequently? I just -- in the budget process we kept talking about doing tests and putting those reports on a shelf and nobody ever uses them. I had this vision of us doing these weekly tests and spending money, and I want to make sure that's not what they envision. MR. OLLIFF: No. We were required to do annuals but also primarily addressing storm water and the fact that we're not going to allow this lake to become the storm water drainage spot for the entire East Naples community, and I think that there are -- you know, there are certain storm waters that actually do enter that lake, but I don't think that we're allowed to increase the number of storm water runoffs into the lake, and that was their big concern. COHMISSIONER HAC'KIE: My -- my comment, I think all of these are -- these are good points of discussion because what -- in my reading anyway, page 9 of -- of this, of the agreement, talks about -- well, it's paragraph 5, and it talks about that business about their being able to take the property back, and it describes under conditions that will be set out in the conceptual approval agreement so -- and that's a to-be-signed document. That's not this document. There's yet to come a conceptual approval agreement in which these kinds of issues could be addressed. So it's good for you to know what the board is going to be looking for. But we will get another bite at that, at the particulars of those. MR. WEIGEL: Right. I think this is a -- kind of a cookie cutter document, of course, that's put forward. It's reviewed for legal sufficiency, and it's legally sufficient. It just obviously may have some terms that would seem a little bit overbearing. Tom, you may want to assist me. Further information for the board, recap, is that when the county took title to this property and particularly in reference to paragraph 5 on page 9 there which is the proviso of potentially title going over to the -- to the state interest, but I believe that when we took title to the property and also the arrangements we had with the Sugdens that we had limitations on the -- for the use of the property by virtue of the title that we took. So if the state were to take the property, horror of horrors, they would have the limitations that we had with that property. COHMISSIONER HAC'KIE: They can only take what we have, and that's what we have. MR. WEIGEL: And -- so they wouldn't have the ability to put a state building on it or something like that. CHAIRPERSON NORRIS: And the other -- the other potential here is that the grant money that we're going to use will be used for the improvements. Now, do they take title to the improvements that the grant funded or to the property? And it says here the project site. So the project site would be right where the improvements were in this particular case. We can make that argument I think. MR. WEIGEL: Yeah. And as Commissioner Hac'Kie pointed out with the additional dialogue that will occur with the subsequent agreement, I think that these things may lend themselves to a reasonable interpretation. COMMISSIONER CONSTANTINE: I appreciate your comment that -- that we're bound by our agreement with Mr. Sugden, but I would like that to clearly be written here so that the state has a clear understanding of that as well. MR. WEIGEL: Absolutely. Right. COHMISSIONER CONSTANTINE: Again, as we -- this project itself is something we're looking long term with, and I don't think anyone here intends to purposely violate or ignore any objections of the state. But in worst-case scenario I don't want the state to take it and -- and do with it what they will. So that needs to be clearly spelled out I think. MR. WEIGEL: Okay. COHMISSIONER HANCOCK: Mr. Olliff -- and maybe Mr. Hoore's the appropriate person to answer this. But when we talk about restoring or creating a littoral zone which in essence is a shelf for aquatic vegetation to grow on, most of that lake is covered in cattails. MR. OLLIFF: Correct. COHMISSIONER HANCOCK: Are we going to have to pull up cattails, create a shelf, and replant vegetation to meet this requirement? COHMISSIONER HAC'KIE: We're going to do that anyway, aren't they? MR. OLLIFF: Actually the place where the cattails are located is primarily where we're going to have the public beach area and some of the other picnic areas and that -- and we've already discussed that with them. Our plan is to actually remove that area of cattails. The rest of the area has a small shelf that surrounds it, and I think their concern is that we're not going to do development around the entire edge of the lake and simply not allow plant life to grow for that entire bankment. And that's not our intention, and I don't think we've ever indicated to you that it was either. COHMISSIONER HANCOCK: Okay. So we get credit for where that shelf currently exists. MR. OLLIFF: Yes. COHMISSIONER HANCOCK: Okay. CHAIRPERSON NORRIS: Do we have public speakers, Mr. Dotrill? MR. DORRILL: No, sir. CHAIRPERSON NORRIS: None? COHMISSIONER HAC'KIE: I'd like to -- is it appropriate -- do we have a public hearing you have to close? CHAIRPERSON NORRIS: No. COHMISSIONER HAC'KIE: Or can I move approval of the item subject to the -- the finalization of the concept approval plan including these issues that Commissioner Constantine raised regarding the state's use of the property in the event we should default and not cure? But I'd like to approve accepting the grant. COHMISSIONER CONSTANTINE: You've lost me with that legal jargon. Let me read what I hear here in item 5. If any essential term or condition of the grant award agreement is violated -- and are you telling me that hasn't been written yet, grant award agreement, or have we filled that out? COHHISSIONER HAC'KIE: It has not been written yet. MR. OLLIFF: No. COHMISSIONER HAC'KIE: The grant -- I'm sorry. The grant award agreement refers back to in paragraph 3 on page 3 a conceptual approval agreement to be executed in the future so that I'm saying that that condition of protecting the use of the property should be clearly stated in the conceptual approval agreement. COHMISSIONER CONSTANTINE: Because, again, I think the ultimate goal is just to make sure that this is going to be a regional park in perpetuity. And if we can assure that regardless of whether we have title or the state has title, then I really don't care as long as it's still serving the public. COHMISSIONER HAC'KIE: And that's exactly what I intend. And -- and may I also -- I'd like to include in my motion that the grant money be used for construction, not for retirement of the debt. CHAIRPERSON NORRIS: Do we have a second? COHMISSIONER HANCOCK: Second. CHAIRPERSON NORRIS: We have a motion and a second. All those in favor -- COHMISSIONER MATTHEWS: I have one other question, quick question. On the -- on the -- the water quality you were talking about storm water runoff being -- being the primary concern in that the state probably will not allow us to put any other storm water drains going to that lake. And that -- that's fine. I guess my concern is -- thanks -- are we going to be required to improve upon the existing quality in that lake? MR. OLLIFF: No. In fact, the water quality of that lake is surprisingly good. COHMISSIONER MATTHEWS: I know it's good right now. MR. OLLIFF: And -- COHMISSIONER MATTHEWS: As technology goes down the road, requirements get more stringent. MR. OLLIFF: No. And we'll develop that in a little more detail for you to see as part of the management plan exactly what's going to be required in terms of monitoring and the water quality issues. But I think the concern about storm water and the concern that we weren't going to turn this into just a power boating center where you end up with just a lot of engine runoff and things were their concerns, and I think as long as we're not doing either of those, then they're going to be satisfied. COHMISSIONER MATTHEWS: Okay. Thanks. COHMISSIONER CONSTANTINE: Will we see -- MR. OLLIFF: Yes. COHMISSIONER CONSTANTINE: -- the agreement be -- beyond the conceptual agreement? MR. OLLIFF: Yes. CHAIRPERSON NORRIS: Okay. We have a motion and a second. If there's nothing further, all those in favor signify by saying aye. Opposed? None. COHMISSIONER CONSTANTINE: Just a comment. Compliments to Commissioner Norris without whom we wouldn't be at this point to start with, so I think you deserve a great deal of the credit for getting us to this point with Sugden Park anyway. CHAIRPERSON NORRIS: Thank you. Item #SD1 CONTRACT 95-2388 TO REMOVE THE EXISTING UNDERGROUND FUEL STORAGE TANK AND INSTALL A NEW UNDERGROUND FUEL STORAGE TANK TO FUEL THE EMERGENCY GENERATOR SERVICING THE ADMINISTRATION BUILDING - AWARDED TO LAW ENGINEERING AND ENVIRONMENTAL SERVICES IN THE AMOUNT OF $89,250 That brings us to the former 16(D)(2) which is now 8(D)(1). Commissioner Constantine, you had a question on this one. COHMISSIONER CONSTANTINE: Can I just get an explanation as to why we're doing this? Is this a DEP requirement? We anticipate being in violation of something, and this is we're a step ahead of the curve, or why are we replacing this? MR. CAMP: It has to be replaced -- for the record, Skip Camp, facilities management director. By law it has to be replaced within two years. It's part of our program to replace all four of them that are in violation before the 1998 deadline. COHMISSIONER CONSTANTINE: Thank you very much. Motion to approve the item. COMMISSIONER MAC'KIE: Second. COMMISSIONER HANCOCK: Second. COMMISSIONER MATTHEWS: Second. CHAIRPERSON NORRIS: Motion and a second. All those in favor signify by saying aye. Opposed? None. Item #8El ADVISORY BOARDS DESIGNATED FOR ANNUAL REVIEW PER ORDINANCE 92-44 - APPROVED Our next item is item 8(E)(1), a recommendation to approve advisory boards designated for annual review. Commissioner Constantine, this is your favorite item of the year. COHMISSIONER CONSTANTINE: Oh. COHMISSIONER HANCOCK: I had -- I -- I did review these before today. And actually what we've created is kind of a tracking, you know, what have you done in the last year and -- and should it continue. And -- and I'm satisfied with most of the responses on this. I'm looking for the Citizens' Advisory Task Force -- COHMISSIONER CONSTANTINE: Yeah, I was too. COHMISSIONER HANCOCK: -- task force because that's the one that I -- I flagged for some reason, and I don't know why. COHMISSIONER CONSTANTINE: Perhaps Mr. Hihalic can help us with that. CHAIRPERSON NORRIS: Mr. Hihalic, do you have something to -- MR. HIHALIC: Good morning, commissioners. CHAIRPERSON NORRIS: -- offer on that? MR. HIHALIC: Yes. I'm the liaison for the Citizens' Advisory Task Force. I'm Greg Hihalic, housing and urban improvements. And this task force is a requirement of receiving community development block grant funding. COHMISSIONER HANCOCK: Nevermind. MR. HIHALIC: Okay. We'd be happy to answer any questions. We just appointed a new chairman, Vivian Longer, to this task force. MR. DORRILL: We have two speakers. COHMISSIONER CONSTANTINE: Perhaps this is going to be one of the speakers anyway, but Roy Tuff serves on the Golden Gate Parkway Beautification Advisory Committee, and I know they've explored or are in the process of exploring expanding that which would require an ordinance change. And I don't know if you're going to make comment to that or if you would make comment to that, Roy, I just want the board to be aware we may see that back in the next couple of months some time to do a little change. But it's to further expand their purpose. MR. DORRILL: If there are no further questions, Mr. Tuff is your first speaker. Good morning. COHMISSIONER CONSTANTINE: Okay. MR. TUFF: Thank you, Tim. Yeah, I don't have any -- much more to say other than we have -- are in the process of drafting a new ordinance for our advisory board to proceed in the overseeing of what could possibly be 951, Santa Barbara, some of the interior roads inside Golden Gate. We've had public hearing. Like I say, we're in the process of drafting an ordinance. And we've met nothing but positive input from all sides. I've not heard one person say that no, don't -- don't spend our money this way. This wouldn't be a good thing. So it's all been positive. And we would like to -- we're developing a master plan as we speak to take in landscaping -- medium land -- median landscaping projects for all the, I guess, four-lane roadways in the Golden Gate area. And when we get that ready, we'll be presenting that to you, and we'll, of course, need your support or we've wasted our time. That's all I've got to say unless you've got questions. MR. DORRILL: We also have a Rita Avalos, Avalos, A-v-a-l-o-s. COMMISSIONER MAC'KIE: She's coming. MR. DORRILL: If you'd come forward, please. She's the chairperson of the Immokalee beautification. Good morning. MS. AVALOS: Good morning. Good morning, commissioners. My name is Rita Avalos. I'm chairperson of the Immokalee lighting -- Immokalee Beautification Committee. We did remove the lighting section. We're in the process of beautifying 29 from 9th to 1st Street. And there will be an executive summary pre -- prepared for presentation to the board. If there are any questions -- COMMISSIONER MATTHEWS: You all are doing a great job. MS. AVALOS: Thank you. CHAIRPERSON NORRIS: Thank you. COMMISSIONER CONSTANTINE: Mr. Chairman, I make a motion we approve the advisory board reports as they're presented. COMMISSIONER MAC'KIE: Second. COMMISSIONER HANCOCK: Second. CHAIRPERSON NORRIS: We have a motion and a second. All those in favor signify by saying aye. Opposed? There are none. Item #8E2 LEGISLATION UNDER CONSIDERATION TO ESTABLISH A UNIFORM FIRE DISTRICTS' ACT - LETTER TO BE SENT OPPOSING THIS LEGISLATION Our next item is 8(E)(2), discussion of legislation under consideration to establish a uniform fire districts act. MR. DORRILL: Mr. Chairman, this was -- has to be on the agenda today, and my office has contacted Chief Jim Jones who is, I believe, one of the sponsoring entities. I don't know whether he has arrived yet. COMMISSIONER HANCOCK: He is. MR. DORRILL: Okay. This bill, by way of introduction, does a number of things that improve uniform fire district reporting and enabling legislation statewide. It is my impression that between Collier and Lee County that we probably have the vast majority of independent fire districts that are still remaining in the state. And thus the need coming out of Senator Dudley's district, he has sponsored this bill for the past several sessions. The extent to which we have a concern -- and I have been in touch on two occasions with a -- an attorney who's representing the Florida Special Districts Association who are -- are pushing this bill -- deals solely with the matter of EMS. Currently under Florida law the Board of County Commissioners reserves the right to review and approve and issue certificates in public need and necessity for any EMS operation if certain procedures are adopted by local ordinance. This bill in particular -- it's my opinion -- would give independent fire districts the right to get into the EMS business and respond and treat EMS patients at both the basic life support level and also an advanced life support level that entails the full blown paramedic-type procedures. The only condition that allows for county commission approval if the bill passes would be a provision that in the event that same fire district wanted not only to treat but transport that patient, then they would still need the approval of the local board of county commissioners in any county in which that is taking place. By way of background, the Florida Association of Counties is opposed to the bill and is fighting the bill in Tallahassee as well as the affiliate agency of the -- I don't know the exact title, but the Florida EMS directors' association is very active in that part, and our lobbyist's name is Marcia Jordan whom I imagine most of you are -- are acquainted with. We had called Chief Jones to be here today to answer any questions that -- that you might have to determine what our status on the bill should be. CHAIRPERSON NORRIS: Chief Jones. MR. JONES: Good morning. Thank you for the invitation to be here and hear our side of what we think is a very good proposed law that will make it uniform for the fire districts. We have 6 fire districts in Collier County and 17 in Lee County, so there's many, many counties that have more districts than we do. Certainly the southwest Florida area as the coast -- the coastal area from Tampa south has probably more fire districts than any other part of the state. But there is 51 throughout the state of independent fire districts so the 6 being in Collier County. The concerns of the county manager we feel are certainly unfounded, and I have a letter from Senator Dudley of which I'd like to give you a copy of. COMMISSIONER MATTHEWS: Thank you. MR. JONES: Along with this is a letter from -- along with this is a letter referenced by Mr. Dotrill. But the -- the -- the -- the concern is in regard to the transportation for explanation there by Senator Dudley stating that we do not have to -- we cannot -- I mean, the fire districts cannot transport without the authority of the county commission. Therews no change in that enabling act at all, in the proposed enabling act. And if I may read from the enabling act -- excuse me just a moment. Also Chief Bob Shank is here today, and he may be able to answer some questions, and I invite him to come up and -- and participate in this if itws approved by your -- on -- on page -- on page 12 of the Florida Senate -- Senate bill 374, it says pursuant to provision of chapter 401, Florida Statutes, county approval shall be obtained prior to the provision of any emergent transport services. So therews no change in -- in that regard to the transportation services that is now performed by the county. And North Naples -- Iill speak for North Naples -- has no intention of getting into the transport services in competition with in this case the county. CHAIRPERSON NORRIS: Mr. Dotrill, let me ask you, your concern on the -- the emergency -- the EMS-type issue is what exactly because this bill does not allow them to transport unless we say they can transport? MR. DORRILL: And I -- I fully recognize that, and thatls why I said -- but thatls the only remaining provision. You lose your opportunity to -- to govern or determine who and how prehospital emergency medical service will be governed because this -- the state will take that ability from you as part of the passage of the bill. Currently in this county if Chief Jones wanted to get into the EMS business -- and most of the independent fire districts for good reason have gotten into the rescue business with firefighters who are all trained and certified EMTs. But if Chief Jones wanted to begin to hire paramedics and have paramedics respond and treat patients under a paramedic protocol with heart defibrillators and -- and transmitting heart signals to the hospital and -- and administering intravenous drugs, all of those are things that firefighter EMTs cannot do. But if they wanted to get in and compete for the EMS business, he would be able to do that by passage of the -- of the bill. If he wants to load that patient and then take them to a hospital, that would be the only area where you would continue to -- to be able to issue that local certificate of need. CHAIRPERSON NORRIS: Okay. MR. DORRILL: And that -- that is a policy decision that the board can make. I canlt make that. Itls my job to advise you that this bill does take away your ability to control EMS systems and only control who is going to ultimately transport that patient to the hospital the way that I read the bill. CHAIRPERSON NORRIS: But now it doesnlt take away our right to decide who transports. Thatls clear. MR. DORRILL: No, sir. CHAIRPERSON NORRIS: Okay. So what youlre saying is that it gives the fire districts the ability to provide advanced life support if thatls what they want to do which they currently do not have the right to do now? MR. DORRILL: Or basic life support. They do not currently have the ability to provide basic life support under the protocol that is established by the Naples Community Hospital medical director. CHAIRPERSON NORRIS: So a good question is if the fire department wanted to do that and they arrived on the scene first, why would you not want them to do that? COHMISSIONER HAC'KIE: Thank you. I don't understand what's wrong with this. This seems like the possibility for a great idea. And coupled with the fact, you know, setting aside even the -- the why not let the first on the scene provide as much help as possible, I've only been through one budget cycle, but EHS is -- is a very difficult financial -- we have to support it with -- with ad valorem taxes to a -- a painful level. As long as there are standards of care -- are there standards of care? Are we concerned with the quality of care that they wouldn't be -- forgive me for talking about you in front of you but that -- that we are concerned with the quality of care that might be provided, that it's not adequately regulated so that they might show up and do something wrong? MR. DORRILL: I don't -- I don't think so. I -- I think the quality of care is -- is not an issue, and I don't -- I don't -- I don't think that the issue is, you know, how many -- how many paramedics would we like or desire to have at the scene of any emergency. The quality of care ultimately is going to be governed by the Board of County Commissioners' medical director, and that's why I said I think it's clearly a policy distinction that you can make. I will tell you that it is my observation that the public is generally confused and/or concerned about cost of government. And while you're not responsible for the costs of independent fire districts, I think that needs to be taken into account, albeit a small portion. But I think that the question of duplication of service, if you are otherwise ultimately going to be responsible for EHS in this community, do you really need two ambulances and two sets of paramedics or firefighters and EHTs at the scene of a call? And I'm just telling you that that is something that currently you do have the ability to control. And if this bill passes, you will not have the ability to control that. COHMISSIONER HAC'KIE: And if it -- just to finish up, if it passes and we don't have the ability to control it, then the possibility of competition comes into play, and that's a wonderful thing. And if all we're losing here is -- is control and our control has created a monopoly that might not be the very best thing for Collier County, then this seems positive to me. COHMISSIONER CONSTANTINE: The only downside I can see is it would depend on which fire districts opted in and which fire districts opted out because in our EHS service, the money which we don't collect every year, what -- our ad valorem support traditionally comes from one or two particular areas of the county where we are financially supporting that. In North Naples the vast majority of the people pay their bills when they get EHS service. MR. JONES: We're not talking -- COHMISSIONER CONSTANTINE: There are some parts of the county that don't. And my concern is -- I understand what you're saying. If we compete or if they can get there faster and do it better, let them do it. COMMISSIONER MAC'KIE: Please. COMMISSIONER CONSTANTINE: But do we then end up spending the same ad valorem dollar providing far less service? That's the only downside I can see. But, I mean, Commissioner Mac'Kie's point is -- is perfectly legitimate. If I'm lying on the ground at the site of an automobile accident, I don't care who -- who it is that's responding to me, whether it's a fire district or whether it's the county, as long as they get there and attend to my problem. COMMISSIONER HANCOCK: But you do care about the training and qualifications of those individuals. COMMISSIONER CONSTANTINE: Absolutely. COMMISSIONER HANCOCK: So let me ask this: Chief Jones, if this bill were enacted as it's currently written -- MR. JONES: Commissioner, may I answer Commissioner Constantine's concern? COMMISSIONER HANCOCK: You can do anything you want to. MR. JONES: Thank you. We're not talking about collecting monies here. The fire districts has no provisions in this enabling act to collect any monies. The monies is collected on transportation. And so, therefore, because there's no ability to transport without the -- so there's no monies to be collected by the county -- I mean by the fire districts. COMMISSIONER CONSTANTINE: We're just headed down -- and -- and my point -- I appreciate that, but that wasn't my point anyway. The point was there -- if we have two ambulances report to a scene and two crews report to a scene, people -- the public as well as probably these five people sitting here are going to scratch their head and say, well, that's not really necessary, and it's a logical next step then to let the first group transport. I know that's not what you're asking for at this point. But at some point that becomes a logical step. And then you get into billing, and then you get into who's paying for what. So that may not be the immediate indicator, but I think that's a logical look into the future as to where we're going to be. MR. JONES: As a fire chief you're seeing -- I mean as a commissioner you're seeing farther than I am as a fire chief in -- in concern with the public. I mean, I have concern for the public. But I'm not seeing that far ahead. COMMISSIONER HANCOCK: My predominant concern regarding that -- and you answered one of them -- and that is that the fire districts can't bill. In other words, you have no -- there's no financial reason for you to train advanced life support, get there, administer meds., and then bill somebody. You're telling me you cannot bill them. MR. JONES: That's correct. We cannot. COMMISSIONER HANCOCK: But my further concern -- and, Commissioner Mac'Kie, you hit the surface on it -- if you sit down with Dr. Tober and talk about the extent and lengths we go to to provide a level of patient care and a consistency throughout our entire system so the personnel that arrive on scene that are responsible for medic -- medical care have that level of training, I think you will find that there are a lot of stories out there -- and I'll call them stories because you can't validate them one way or the other -- about a first scene responder who did something that had to be corrected by trained medical personnel. The best intentions don't always produce the best result. And my only concern here is not giving up control. As far as I'm concerned, any time we can take things down to a more local level, we're doing something good. But when we're talking about a bill that gives ALS capabilities to the first people on scene and if those people are not trained under the same umbrella that our medical, trained medical, responders are trained under, then we have a consistency problem there. And I -- I'm concerned about it. There's nothing we can do about it. I mean, if this bill passes and they want to do it, they can. It's -- it's their -- you know, it's their taxpayer dollars that they're gonna, you know, pony up in a lawsuit. So, you know, I'm just -- I'm concerned that that consistency of training -- if this is enabling something, I want to make sure that if it's applied it's consistent, and we -- we don't have the ability to do that. So it's -- again, it's not the bill. It's the potential application that concerns me of that one aspect. There are some other things in here that I wanted to ask about if we're kind of getting off the ambulance aspect. I notice currently you have a three-member board, Chief? MR. JONES: Yes, that's correct. COMMISSIONER HANCOCK: This -- MR. JONES: All -- all the -- all the districts do in Collier County. COMMISSIONER HANCOCK: Okay. This allows you to expand that to five members. MR. JONES: Yes, it requires you to expand. COMMISSIONER HANCOCK: It requires you. MR. JONES: (Mr. Jones nodded head.) COMMISSIONER HANCOCK: Who pays for that? MR. JONES: The taxpayers do if there's a cost. You're talking about the cost of the -- COMMISSIONER HANCOCK: Yeah. Two -- two more fire commissioners, I assume you're not going to split the same pay five ways. You're gonna -- it's gonna be an added expense. MR. JONES: Added expense. It's $200 a month or it's -- currently we're paying them $200 a month. The -- there's an amount in here. I -- COMMISSIONER HANCOCK: Okay. It's not a lot of money. MR. JONES: It may be as much as $500 but no more than that. COMMISSIONER HANCOCK: Yeah, maximum $500 a month. Why -- why -- why to a five-member board? I'm just curious. MR. JONES: A -- statewide the -- probably the norm is five. There's as many as 18 in some of them which is uncontrollable, and it's absolute -- the -- the state legislatures and the fire chiefs who -- who drafted this felt that five was an adequate number. And we see -- we see five sitting here now certainly with more responsibility than five fire commissioners if we understand that. But I -- I found that it's better to have five on a committee than it is only three, and I feel -- I feel -- I feel the same way about this. COHHISSIONER HANCOCK: What other parts of this bill to your knowledge have a financial impact on the taxpayer? MR. JONES: In Collier County the impact could be an additional millage, in any counties. But it must go from a referendum. The -- the current millage caps that are in place in Collier County is from one to two I think. Currently this gives the opportunity for fire districts statewide to go to 3.75 after there's been a referendum, successful referendum, by the voters in that district. And we can't have a referendum until the county commission gives us authority to do that as it is now. So there -- there is an opportunity if the people so desire to go above the current caps. COMMISSIONER HANCOCK: And I have one more procedural question in -- in how this bill changes process. If two districts wished to combine services and dissolve their district boundaries, their process currently how they would go about doing that, how the voters of those districts or the fire commissioners would want to do that, how does this bill impact the ability for that to happen? MR. JONES: It -- it remains the same. And under chapter 189 the fire commissioners or any other government entities have the ability to merge by the vote of the elected officials. That -- that's not recommended, and we did not do that when we merged with a fire district in the northwest corner of the district, Little Hickory, Bonita Shores. We had a vote of the -- the public in that area and a vote of the citizens -- again, the citizens in our area. And that was how it was merged. COMMISSIONER HANCOCK: Okay. Did the vote -- MR. JONES: And that continued to be in here. COMMISSIONER HANCOCK: Did the vote occur prior to approval on the state level allowing that to happen? MR. JONES: No. COMMISSIONER HANCOCK: Or did you have to get approval on the state level first? MR. JONES: We had to get approval on the state level to request the county commission to permit a vote. COMHISSIONER HANCOCK: Okay. And this does not change that. That same method can occur if this bill were adopted? MR. JONES: That's correct. CHAIRPERSON NORRIS: Commissioner Matthews? COMMISSIONER MATTHEWS: Chief Jones, you said that there's no possibility for the fire district to charge ambulance fees at this point? MR. JONES: It -- you mean currently? COMHISSIONER MATTHEWS: Uh-huh. MR. JONES: No, there's not. COMMISSIONER MATTHEWS: Do you charge any fees whatsoever other than impact fees and ad valorem taxes? MR. JONES: We charge hydrant maintenance fees. When a hydrant's installed in an area, we charge that maintenance fee for hydrants. COMMISSIONER MATTHEWS: Do you charge any sort of user fee? COMHISSIONER HANCOCK: Well, there's hazardous material response. MR. JONES: If we have a fireworks in the area, display of fireworks, we have a -- a -- a fee for that, yes. COMMISSIONER MATTHEWS: I guess in response to your saying that -- that you cannot charge fees, page 10, section 11 says to charge user and impact fees authorized by resolution of the board. There's no referendum required there. You can institute fees if this passes. COMHISSIONER HANCOCK: Can you do that now by resolution of your board, Chief? MR. JONES: Yes, we can. COMMISSIONER MATTHEWS: User fees? MR. JONES: Yes. COMMISSIONER MATTHEWS: So then you do have the authority right now if you could operate EMS services. MR. JONES: No, not EMS services. We have the -- we have the ability, there again, by state legislature action to collect impact fees and to collect hydrant maintenance fees. COHMISSIONER MATTHEWS: Uh-huh. I'm -- I'm just concerned that there is a provision in this bill that -- that allows you to collect user -- user fees and I presume for whatever purpose you -- you may want. So while the -- while the county may withhold transportation authority from you, it still does not prohibit you and it will not prohibit you from assessing a user fee for EHS or EHT services you provide to whomever you provide it to. But you say you can do that now but don't. MR. JONES: No. I -- I -- we cannot charge a fee for EHS -- COHMISSIONER MATTHEWS: You cannot. MR. JONES: -- or EHT services. COHMISSIONER MATTHEWS: What about assessments, non-ad valorem assessments? Do you do those now? MR. JONES: No, we do not do that. COHMISSIONER MATTHEWS: But this still gives you the right to do that, and it also gives you the authority to foreclose on those assessments. MR. JONES: The -- currently there's the -- there's only an assessment or an ad valorem tax -- COHMISSIONER MATTHEWS: Uh-huh. MR. JONES: -- that's collected by the fire districts in -- in Collier County and statewide. It cannot be done -- they cannot -- both of them cannot be done. COHMISSIONER MATTHEWS: Okay. Well, right -- this bill, section 15 on page 11, says to impose and foreclose non-ad valorem assessment liens as provided in sections 1 through 13 or to impose, collect, and enforce non-ad valorem assessments pursuant to chapter 197, Florida Statutes. Now, I don't know what sections 1 point -- 1 through 13 is, and I don't know what chapter 197 is. Perhaps Mr. Weigel can do that. But I -- but I can read the words impose and foreclose, and I'm concerned about that. MR. JONES: On non-ad -- on -- on assessment, on non-ad valorem assessment fees. COHMISSIONER MATTHEWS: On non-ad valorem assessment. MR. JONES: And -- and I expressed that concern yesterday to our counsel in Tallahassee, and her -- her reply to me was -- and I'll be happy to do this -- that it needs to be inserted in here that we can only collect one or the other of the taxes or the assessment fees, that no district in the state should be able to collect both of them. COHMISSIONER MATTHEWS: But right now that's lacking from this bill. MR. JONES: It's lacking in this bill currently, and I -- I -- you know, since you brought that to the floor, I'll be happy to have that inserted, have it worded, inserted, and we can do that at this time in the -- in the state legislature. Prior to being -- approval of this we can have that inserted in there. That would give the ability to only collect one or the other. And the reason it was -- both of it was put in there, because some fire districts in the state now have the ability to collect on assessment fees, and some of them are on ad valorem taxes. COHMISSIONER MATTHEWS: Well, we -- we can -- we can go on again, and I don't want to belabor it. I think you've already answered it. But section 9 on page 13 again says taxes, semicolon, non-ad valorem assessment, semicolon, impact fees, and user fees. The semicolons tell me that you can have either/or, whatever mix you choose. MR. JONES: I'm sorry. I was trying to follow you. Which -- which section? COHMISSIONER MATTHEWS: Section 9 on page 13. I -- I guess my concern is this: You're going to have the authority if this bill passes to assess user fees. And in the most recent history of the fire districts, the voting public has been unwilling to increase the cap for -- for ad valorem taxes. Therefore, your -- your other mechanism for funding is user fees. And -- and I'm concerned that, again, with the EHS, EHT, basic life, advanced life, what -- whatever, that you do make a decision to begin assessing fees. But you can't transport. And then the -- the county will step in and do the transporting. We're going to support that with ad valorem taxes on our end. You're gonna assess probably, possibly user fees on your end to support your budget. And the -- the user of this service winds up paying twice, and so does the taxpayer. MR. JONES: I -- I don't see that occurring. I absolutely don't see that occurring. COHMISSIONER MATTHEWS: But it allows it. COHMISSIONER CONSTANTINE: The potential exists. COHMISSIONER MATTHEWS: I think it allows it. That's -- that's what the problem is. I mean, you may stand here today and say in the foreseeable future you don't see it. I agree with that. But this bill allows it. COHMISSIONER HANCOCK: Chief Jones -- COHMISSIONER MATTHEWS: I'm finished. COHMISSIONER HANCOCK: -- I follow the line that Commissioner Matthews is on, and let me draw a correlation. What -- how do you term -- on, say, the hazardous material response in Immokalee that occurred when we had the fire out there, under hazardous material we can recoup those additional expenses from the property. Is that term currently a user fee? And I'm trying to -- I'm trying to draw a correlation of why user fees are -- are in here. The only thing I can think of right now is we do have, I guess, service fees for services performed such as hydrant, you know, and so forth. Hazardous materials, is that currently under legislation termed a user fee when you recoup those expenses, or do you know that? MR. JONES: I'm not sure of that. It is a fee that can -- we can collect. COHMISSIONER HANCOCK: Because there are some appropriate I guess you could call them user fees and some that scare the -- the daylights out of -- out of others. And we're trying to determine if this bill opens the door for -- for other areas that currently are not available. And that's -- that's really the crux of, I believe, Commissioner Matthews' questions is does this allow for something that currently is not allowed for that could double dip and hit the taxpayer twice. MR. JONES: I understand. COHMISSIONER HANCOCK: And we're probably not going to answer that today, but I just -- I guess to put it in a nutshell, that's -- that's really what we're looking at as far as user fees are concerned. And we'll probably want some clarification on that. MR. JONES: I will -- excuse me. I will get that clarification. I'm not sure if those fees now charged are user fees by definition. COHMISSIONER HANCOCK: Because you don't want to throw the baby out with the bath water. You don't want to eliminate one thing that you need such as haz. mat. fees, but you also don't want to open up Pandora's box. And -- and for someone that's less credible than yourself in ten years to begin charging something that you stood here today and said, we don't see that happening, is a possibility. And that's a concern. MR. JONES: We currently charge inspection fees and plan review fees as permitted by the county. CHAIRPERSON NORRIS: Mr. Dorrill, do we have public speakers? MR. DORRILL: Just two. Mr. Vasey or Vasey. MR. JONES: If I may reserve the right to come back and answer any other questions that may appear. CHAIRPERSON NORRIS: Sure. MR. JONES: Thank you. MR. DORRILL: Following Mr. Vasey is Dr. Biles. MR. VASEY: Mr. Chairman, commissioners, I'm Duke Vasey. I'm listed in the Naples telephone book as Dennis P. Vasey. My wife and I have lived in Naples for the past five years since my retirement. Today I'm speaking as a representative of the Taxpayer Action Group. TAG applauds the county fire districts for providing high quality, effective fire prevention and fire suppression services consistent with their current enabling legislation. However, TAG opposes issuance of the certificate of public convenience and necessity which would authorize the fire districts to transport to health facilities. TAG views the transport service currently provided by the emergency medical service both excellent and cost effective. To authorize fire districts to also perform this function would be a duplication of effort and is definitely not cost effective. There are six independent fire districts and two fire districts. Each has a separate organization. Each has a -- fire commissioners, fire chiefs, assistant chiefs, captains, lieutenants, administrative personnel. In essence it costs us 17.2 million dollars in ad valorem taxes. While the fire service budgets have increased substantially over the last 5 years my living here, their calls have decreased 18 percent. On the other hand, EHS has established a reputation for medical excellence that is recognized throughout the state and is organized as one consolidated service throughout the county. We pay 6.8 million annually for that service. And in the 5 years since I've been here, the number of medical calls has increased nearly 65 percent in the last 5 years. Emergency medical service has expanded easily and cost effectively to meet the increased demand at least partially because it's not encumbered with duplicative organizational structures and the resulting layers of supervision and management. Emergency fire, medical, and police services are activated throughout the county by dialing 911. The 911 operator asks, is this fire, medical, or police? The caller's reply activates the appropriate organization which is quickly mobilized. While fire trucks often show up in response to medical calls, it's the emergency medical service organization's equipment and certified emergency medical technicians who are licensed and trained to stabilize and transport to a health facility. Probably in recognition of that fact, the current fire service enabling legislation specifically denies the fire service authority to transport. TAG is not aware that county medical transportation requirements cannot be met by the emergency medical service department. TAG is opposed to granting a certificate of public convenience and necessity because it would duplicate service presently being performed by the emergency medical service department. Senate bill 374, the bill supporting or mentioned in this agenda item, and request -- it does provide for a 3.7 mill ad valorem increase. And your comments about that increase are very important and germane. TAG believes that the approval of a certificate of necessary and public convenience will begin an effort to purchase state-mandated medical equipment not presently owned, acquire the necessary training for state certification of fire service personnel, and also purchase suitable vehicles. Senate bill 374 presented with this agenda item also has a provision to establish and maintain an emergency medical service as a customary part of the fire services. It directs the fire service to employ, train, and equip such personnel and expand impact fee use to include medical, radial telemetry equipment. Senate bill 374 also creates a very aggressive fee structure not requiring voter approval. Creation of a county fire service would provide benefits and economies of scale not possible under the fragmented system we currently find in Collier County while eliminating waste without giving up the flexibility to deal with emergency situations across the county. TAG supports the elimination of all duplicated county functions. In this instance we have an EHS and a fire service that are -- come to life essentially through ad valorem taxes. TAG believes that approval of the certificate of public convenience and necessity would have major cost consequences in Collier County as each fire district would be required to budget to meet state guidelines to transport and provide emergency medical service on non-EHS operated medical equipment, vehicles, and personnel. Costs relating to the approval of any requests for a certificate of public convenience and necessity will ultimately become a tax issue to be decided and paid by the residents of each fire district. Thank you for consideration. CHAIRPERSON NORRIS: Thank you, Mr. Vasey. MR. DORRILL: Dr. Biles is your last speaker. MS. BILES: Fay Biles. I'm president of the Marco Island Taxpayers' Association known as HITA. We also oppose this bill, and I'd like to give you just a little bit of history how much we have studied this bill. For the last two years we have contacted the analysis committee in -- in Tallahassee and have asked for their comments. As you know, they provide a detailed economic analysis of every bill that goes through both the House and the Senate. Last year the comments were that this bill is contradictory. It says in some cases has to go back to the state. Then later on it says they can do whatever they want. There are many, many items there that they have -- they have flagged as having to be changed in the bill for this year. MITA also was requested to submit our -- what we saw in the bill last year so that they could change some of those things, and we did. We did submit those changes. I took this year's bill, and I put them side by side, and I went over them line by line, word for word. Very few changes. And I'm really disappointed because I think it's one of the most poorly written bills I've seen in a long time, and I've looked at many bills and read them. There's contradictory statements back and forth. I'm not going to repeat what Duke has said because I was going to mention that too, but I will go on to say that there are 15 pages in this bill that are devoted to knowing how to get more money out of taxpayers. Read them, 15 bill -- 15 pages. They are very detailed. They are the detailed procedures and provisions that govern the levy, the collection of -- and this year they've added the word special non-ad valorem assessments. I don't know the difference between an ad -- a non-ad valorem assessment and a special ad valorem. And I tend to call the office in Tallahassee and ask them why that word was added this year. It's added before everything that says assessment. The issuance of bonds they can do. Just read those pages that talk about how they can put liens on personal property if the fees are not collected. User fees are included. And this year I'm hoping to get an analysis from that economic office to find out still what is wrong with this bill. It should not be passed this year. It needs many, many more corrections before it is acceptable to us. Thank you. COMMISSIONER HANCOCK: Dr. Biles? Dr. Biles? MS. BILES: Yes, sir. COMMISSIONER HANCOCK: Since you've gone line by line, page by page which I commend you for and we might want to have you examined because that's a -- that's a -- MS. BILES: It's a chore. COMMISSIONER HANCOCK: The -- I'd mentioned earlier about hazardous material. There are some things that districts can charge for, special services they can charge for, such as hazardous material response currently. MS. BILES: Right, right. COMMISSIONER HANCOCK: Are you aware of what part of the legislation allows them to do that? Is it called a user fee anywhere else? Do you have any knowledge of that? MS. BILES: No, I don't, but I heard what you have, and I intend to find that out. I'm going to call the analysis office and ask them about that. COMMISSIONER HANCOCK: Because there's some things in here that make sense like including charging for responding to false alarms. And we're seeing this with the sheriff's office, that we spend a lot of time responding to false alarms, and I'd like to see things like that -- MS. BILES: Well, they can do that now. COMMISSIONER HANCOCK: They can charge for that now? MS. BILES: Oh, yeah, they can impose that now. Uh-huh. Marco Island does. I might add, too, that Marco Island has now, you know, the three-member team in action. And so we do have a firefighter on the ambulance, and it has certainly cut down on the number of fire engines and the horns and all the traffic there that have been -- you know, people on Marco have been complaining about that for years. It's a small island. I think that should be spread throughout the whole county, but I know people feel it's expensive or whatever. But I think we have to start working together, and I think this duplication of effort is hurting us all. There's one line that was added at the very end of this bill, the very last line. If you look at that line, it says something to the effect that the fire district will control traffic or control the situation -- of course now with a fire we expect that -- and any other emergency. Now, that would include EMS. And I take issue with that. I think that's kind of a -- a point that should be explored because I can't see if somebody's life is in danger it certainly would be the EMS that would be controlling the situation, not the fire company in that -- in that instance. CHAIRPERSON NORRIS: Thank you. COMHISSIONER CONSTANTINE: Mr. Chairman, while the intent of some of the portions of this are good, I think it puts the taxpayer at risk and puts a number of burdens on -- I'll cut to the chase. I'll make a motion we -- COMHISSIONER MATTHEWS: I'll second that motion if it's what I think it is. COMMISSIONER CONSTANTINE: I'll make a motion that we send a letter to Senator Dudley and through the FAC and through any other appropriate bodies that we're opposed to this bill, Senate bill 374. CHAIRPERSON NORRIS: And I think it's -- the letter should reflect that we're -- that your opposition to this bill is in its current form because as you mentioned -- COMMISSIONER CONSTANTINE: Correct. CHAIRPERSON NORRIS: -- there are -- there are aspects of the bill that are positive, but there are some that --that need further clarification before it goes forward. Is that what you want in the letter? COMHISSIONER CONSTANTINE: Absolutely. COMHISSIONER MATTHEWS: I'll second that change as well. CHAIRPERSON NORRIS: We have a motion and a second. All those in favor signify by saying aye. And opposed? There's none. We'll take a very short break. (A short break was held.) Item #8E3 RESOLUTION 96-158 DESIGNATING THE CLERK OF THE CIRCUIT COURT TO MONITOR ARBITRAGE CALCULATIONS AND AUTHORIZATION FOR THE CLERK TO OBTAIN SECOND OPINION SERVICES FROM ERNST & YOUNG AT NO COST - ADOPTED CHAIRPERSON NORRIS: We'll reconvene our meeting. Mr. Dotrill, we're ready to go to item 8(E)(3). COHMISSIONER HAC'KIE: Can it -- can I comment on that one as we get started because I think that's one that's generated from the board as a request to let's please find out some answers to some of the questions on the arbitrage issues and exactly -- with the goal being obviously there were mistakes. There -- something was broken in the system. Let's identify it and solve it. So first to be able to solve the problem we have to identify what was broken, so that's -- as a general concept, that's what I'm going to be looking for today, and I have some specific questions on it, but that's where I hope we get. MR. HCNEES: Thank you. Mr. Chairman, commissioners, Mike HcNees from the county manager's office. What I'd like to do is first answer what I think are the two major questions that you asked us to respond to you on. And then when I finish with that -- that will be relatively brief -- I agree with you completely. Where we need to get to today is what to do next and how to make sure we don't have a similar reoccurrence, although I think one thing we need to understand through here is just exactly what is it that occurred that we want to make sure it doesn't reoccur. And like I said, there may be some question as to that. Secondly, there have been a couple other questions that have come up as we've done our staff review of this issue, and I'm going to put those on the table here so that you at least understand what they are. If you have further interest in them, fine. If -- if you don't think they merit further study, then that's fine as well. We'll -- we'll take your direction on that. The two questions that -- that we sought to answer for you were, one, who had particular responsibility for some of these arbitrage accounting, tracking, and reporting issues so that we could determine clearly for the future who -- whose responsibility that would be so that we wouldn't have a recurrence of some sort a problem. The second question that you asked us to study was there was a fiscal year 1992 management letter that resulted from the county's external audit that referenced potential arbitrage rebate problems. And you wanted to know why there was no further comment on that in the following fiscal year. I'll answer the first question first. Mr. Brock referred in his presentation a couple of weeks ago to a document called the arbitrage certificate that is a closing document as part of certain county bond issues wherein he referenced a reference to the agent of the county or that the county had certain arbitrage responsibilities. And in looking at that statement, it's relatively clear, at least from our staff's point of view, that the agent for the county in that case is either the clerk's office or the finance director because, in fact, it is the finance director who executed the document who is on page 1 of the document specifically identified as deputy clerk of the Board of County Commissioners and has responsibility for issuing these bonds. COMHISSIONER MAC'KIE: Can I just interrupt at that point? One of the primary goals that I want to come out of this is for this board to adopt a policy so nobody has any question ever again about who has that responsibility. So if -- you know, if that's who it is -- and I want a recommendation from the clerk as well -- it makes sense to me that it would be the director of -- is that what Mr. Mitchell is? The director of finance? MR. MCNEES: Yes, ma'am. That's what I'm about to recommend to you. COMHISSIONER MAC'KIE: Great. MR. MCNEES: So from a -- from our point of view -- and I have spoken to prior clerk's office staff who would have been the -- the primary players during the years in question regarding these arbitrage rebate calculations to the financial advisors, to the underwriters, to the -- to the -- all the different players in this. I was at that time budget director and peripherally involved in these -- in these issues. I don't think there's any question from a staff point of view that the accounting, the reporting, and -- and the other related responsibilities on these issues has been and remains in the hands of the clerk's office. In fact, the -- the management letter for the current year audit identifies again some arbitrage rebate concerns, and the clerk's own internal document which identifies who the responsible party is for the answering of that management comment is the finance director and the controller who are both clerk's employees. So we feel like that's clear. In order rather than to argue the specific responsibilities, we feel like if it -- if it would solve the situation and make things clearer for the future, we would just ask that the board pass a resolution stating that. And if that's -- if that will satisfy Mr. Brock as far as responsibility for the future, then we feel like that would at least put an end to the -- to this part of the discussion. COMHISSIONER MAC'KIE: Like I said, I'm going to want to hear his recommendation on that, but that's exactly what makes sense to me. To the extent there's been a question, it needs to be cleared up. MR. MCNEES: And again, that would be our recommendation. We'd be happy to hear from him on that. MR. DORRILL: Between the two issues, I -- I want you to elaborate, too, that -- that I thought that Mr. Brock may have indicated to us yesterday that several years ago there was one instance where a -- in that particular bond or commercial paper application that the chairman signed a document? MR. HCNEES: Yes. We asked for -- to see some copies of the actual IRS filings. And there had been an indication, as -- as Mr. Dotrill said, that perhaps the chairman at that time had signed the documents, not someone from the finance department. And in all of the -- the samples that we've been given, actually it has been the finance director consistently who filed the actual IRS arbitrage rebate forms. With the exception of the most recent which were approved a couple weeks ago, the exhibits that we've been given are unsigned copies. Mr. Mitchell has indicated that actually Mr. Brock signed those. And so we donwt have evidence that in the past the -- the chairman has been the signatory on those forms. COMMISSIONER MAC'KIE: But what would be important is -- is in this resolution that we may consider today is that regardless of who signs them, regardless, you know, what counts is who -- whose responsibility is it ultimately to do the calculations, to see that they're done and to see that the forms are -- are filed so that we don't get into this again in the future of who did what when. In all circumstances it needs to be clear. MR. MCNEES: What I'm saying to you today is at a staff level I don't think there is or has been a question. But if -- if your ratifying a resolution clarifying what has been consistent staff practice will help the situation for the future, we're all for that. And we think that's probably a good idea. The second question that you asked us was regarding the fiscal '92 management letter and why there had been no subsequent year response to that. And I'm sorry. I don't have hard information for you. I was only finally able to contact Mrs. Jones from Coopers and Lybrand who was the external auditor at that time yesterday afternoon. She indicated -- general -- COMMISSIONER MAC'KIE: Well, was that you tried and didn't get through? MR. MCNEES: Yes, ma'am. COMMISSIONER MAC'KIE: Okay. MR. MCNEES: I tried repeatedly. She indicated that to the best of her memory absent some response from the county there certainly would have been a repeat comment. And what she indicated she would have to do is pull their records from storage and go in to find out just exactly what was the county's response or documentation that led them to not repeat what would have then been a prior year comment in the -- in the subsequent management letter. COMMISSIONER MAC'KIE: She couldn't offer you anything to say what the county's response had been, just that it's normal that they would leave it in but for a response from the county? MR. MCNEES: To be perfectly frank, I don't think she was interested in speculating. I think she wanted to see the documents before she said anything. And -- and she indicated that she would be happy to do that and provide that to me some time probably after today. So I'll be happy to follow up on that and continue to stay with her on that and -- and get an answer to that question. I know you have a concern regarding the auditor's responsibility in all this. And all I can tell you today is we'll propose and I think probably with the clerk's office as well to stay after that trail and find out just exactly what happened in that regard. COHMISSIONER HAC'KIE: Mr. Weigel, what point does your office get involved in the potential liability or the need for the county to bring a lawsuit if there is liability for failure to audit appropriately? MR. WEIGEL: Well, upon a review of -- of the -- of the facts with staff, we'd bring a report to the board asking for a recommendation providing perhaps alternatives or options. And in regard to potential litigation, the typical question often asked by the board is what is the probability of success, one of the hardest questions to answer of the county attorney, but we would always attempt to provide some kind of a response to that question or anticipate that question. COMMISSIONER MAC'KIE: Are you looking into that issue on -- I mean, are you looking into litigation possibilities in relation to this problem? Or if not, would you, please? MR. WEIGEL: Not looking into it up to this point other than the fact that we've been -- since the agenda item a couple weeks ago had the concern and certainly been attuned to the issue as well as the other issues of county responsibility. Be happy to continue in that regard. COMMISSIONER HANCOCK: Commissioner Mac'Kie, if I may ask, before unilateral direction is given to Mr. Weigel on that issue, maybe we should hear the entire item. And -- and if you'll hold that, it may be appropriate. I just -- COMHISSIONER MATTHEWS: I -- COMHISSIONER MAC'KIE: Okay. COMMISSIONER MATTHEWS: Can I jump in? I have a question, Mr. McNees. On -- on the -- on the spreadsheet we were given a couple weeks ago showing what the arbitrage due, I noted that there were two specific bonds that were causing -- causing the problem. And both of those bonds according to the spreadsheet indicated that the calculator of the arbitrage was either the county or -- or its designee or the board or its designee. And -- and I guess my question is -- and I've noted that no bonds since that date say that. They all say now the clerk or an independent auditor. But my -- my concern is if we had bonds that said the county or its designee, was anyone ever -- could you find anything in the record that indicated we had designated somebody related to those bonds? MR. MCNEES: As far as a formal designation, I would say no. As far as identifying staff members who at that time were making calculations, yes, clearly and have spoken directly to those people who were involved at that time. And they believe that that was clearly their responsibility. Those would have been the person who was the controller at that time who now no longer works for the county and -- and Mr. Yonkosky who was then the finance director. So in terms of a formal designation, a document, so to speak, no. But in terms of individuals who understood that to have been their responsibility, yes. COMHISSIONER MATTHEWS: I -- I guess what I would like to see if the board's going to adopt any sort of policy today as to who the calculator of these rebates are that -- that we have -- that we do adopt a policy that includes a designated person or group of people who will be that calculator and -- and that our -- all future bond covenants have that group as -- as a calculator. COMHISSIONER CONSTANTINE: Mr. Yonkosky has acknowledged it was his responsibility? MR. MCNEES: He has -- well, a number of these forms actually bear his signature. Yes, he has acknowledged that the -- these calculations fell in the perview of the finance office during his term there, yes. COMHISSIONER MAC'KIE: And this -- this may require Mr. Brock, but -- but I -- I understand that there are even letters to Mr. Yonkosky saying, you're not doing this job well, you're not doing it correctly, and that those -- I -- you know, we're not aware of any response to those? MR. MCNEES: Perhaps I can finish my little presentation. COHHISSIONER HAC'KIE: Okay. MR. MCNEES: I may answer some of that for you. COHMISSIONER HAC'KIE: Good. MR. HCNEES: And then I'll be happy to answer any other questions. COHMISSIONER CONSTANTINE: And I'm willing to let you do that, but I just -- finish my question there I guess. He's acknowledged that it was his responsibility. Does that mean he's acknowledged he was in error or has acknowledged that he made an error along the way somewhere? MR. HCNEES: No, I certainly didn't say that. COHMISSIONER CONSTANTINE: I'm sorry? MR. HCNEES: I certainly did not say that. And I -- again, if I can complete my presentation, I may get to that because that's -- you're getting now to the core of what re -- what is one of the remaining issues. COHMISSIONER CONSTANTINE: Just seems to me if there's a problem in an area and I acknowledge that area is my responsibility, there's a logical step there that I would take responsibility for what it was I was responsible for. MR. HCNEES: Given those factors, yes, but I'm not -- no one is -- is alleging at this point those are the factors that we're talking about. CHAIRPERSON NORRIS: Perhaps you can clear that up for us. MR. HCNEES: Thank you. Following the review that we've done as a staff on this issue, there are two questions that cause us some concern at this point. The first one I think is the one that -- that Commissioner Constantine's alluding to. I have spoken to the underwriters for one of these issues, the one for which we incurred the largest rebate liability. I believe it was two hundred and sixty some odd thousand dollars. I have -- or other members of staff have spoken to the gentleman who was then the county's financial advisor with Raymond James, Marc Samet. There seems to be concern among those folks, including bond counsel, Neighbors, Giblin, that during this process when we identified a potential rebate or arbitrage problem, that no one spoke to them regarding the assumptions, the mechanisms that were set up during the creation of the bond issue. And they're -- they're concerned, frankly, that is there in some of these cases actually rebate penalty due. And if I can boil all that down to one issue, there seems to be some crying for second opinion on this issue. And it is my understanding that there is at least one big eight firm that will do an arbitrage rebate calculation review for no charge and only charge a fee in cases where you subsequently engage them then to deal with problem areas that they have identified. So there -- there seems to be some sentiment here -- and again, I think now I'm not going to speak for Mr. Yonkosky but maybe I can represent his position is -- I don't know that he's prepared to say there were major errors made, that there may be some difference of opinion over these calculations. COHMISSIONER HAC'KIE: Did you say Neighbors, Giblin was left out of the -- I thought Neighbors, Giblin was -- weren't they here, Mr. Brock, and weren't they actively involved in this calculation process? They -- they are now telling you that they were left out of the loop? MR. MCNEES: They became aware that there was an issue to be discussed one week prior to the issue coming to this board. COHMISSIONER HAC'KIE: Okay. MR. HCNEES: And the -- the investigation, to my understanding, goes back considerably further than that. COHMISSIONER HAC'KIE: Okay. COHMISSIONER CONSTANTINE: Let me just make sure I understand all -- all the facts as you've stated them. Mr. Yonkosky has said it was his responsibility. Arthur Andersen, after spending a year in the books, has said there were errors made, but Mr. Yonkosky is saying he disagrees with that. MR. HCNEES: I -- I -- COHMISSIONER HAC'KIE: And apparently a big eight firm COHMISSIONER CONSTANTINE: That's -- that's what I thought I heard you said. MR. HCNEES: I prefer not to speak for Mr. Yonkosky. I -- so maybe I shouldn't. What I will say is there are players, both underwriters, financial advisors, other parties who are -- who are central to this issue, who believe that perhaps a second opinion is appropriate and that it is not necessarily stipulated by those folks that the Arthur Andersen calculations are precisely correct and that the money Collier County has paid the IRS is, in fact, due. I'm not an arbitrage expert. I'm telling you that the financial experts with whom the county has dealt with on these issues are asking why didn't we get a second opinion. COHMISSIONER CONSTANTINE: So they're -- they're suggesting that perhaps Arthur Andersen made a $677,354.21 error. MR. HCNEES: That is precisely what they're suggesting. CHAIRPERSON NORRIS: Commissioner Hancock. COHMISSIONER HANCOCK: In a nutshell, your presentation recommends two things: It recommends clearly identifying from this point forward who is responsible for the calculation of arbitrage; is that correct? MR. HCNEES: Right. COHMISSIONER HANCOCK: The second thing that you're recommending based on discussions you've had is that it wouldn't kill us and it won't cost us a dime to get a second opinion -- MR. HCNEES: Correct. COHMISSIONER HANCOCK: -- on whether or not the arbitrage amount that we payed the IRS is, in fact, accurate. MR. HCNEES: That is correct. MR. DORRILL: Let me -- let me just clarify that second point so that the -- the board understands. As -- as part of the research for today, I had asked Mr. HcNees to speak to anyone who was in any way responsible for this time in question. And so that we're clear, he's spoken to representatives from Smith, Barney, Raymond James, and/or Marc Samet. And I don't know whether it was Raymond James or Sun Trust Securities who was the board's financial advisor. Did speak to Mr. Yonkosky; spoke briefly to Miss Jones. And it's my understanding -- why don't you name the -- the other firm that has made that representation to us, the other big eight firm. COHMISSIONER HAC'KIE: That would do this on a contingency basically is what we're talking about? MR. DORRILL: I'm -- I'll clarify that. What's the name of the firm? MR. MCNEES: I wish I could, but I -- I -- it escapes my mind at the moment. MR. DORRILL: We -- we have a name, but we'll need to -- COHMISSIONER MATTHEWS: Ernst and Young? MR. HCNEES: Ernst and Young. MR. DORRILL: And Ernst and Young's specific representation to the county manager's office is that they will -- will do at no cost a review or the work necessary for a second opinion. But then I think the footnote there is that if we pursue their representation beyond that to attempt to account and/or recover those funds from the Internal Revenue Service, they fully intend to be paid for that. But the up-front work that they propose to do is what I would call or characterize an unsolicited proposal in the hope that they will get some business out of it if they pursue a recovery. COHMISSIONER CONSTANTINE: Let me just make sure I understand. How -- on what contingency would they expect to be paid? If they -- say of that 675,000, for example, they found 200,000 of that in there. How much would they expect to garner? MR. DORRILL: I don't believe they've represented any of that to us thus far, and that's why I want you to make -- make sure you understand. We don't have the back end of that unsolicited proposal yet other than a willingness to do some business development work in the hopes that they will get some money. COHMISSIONER CONSTANTINE: Because what I'm wondering is Arthur Andersen did roughly a year's work here and -- and if my recollection is correct from a couple of weeks ago, it was about -- $180,000 was the amount of their work. For someone else to do a mirror image of that, I find it very hard to believe -- COHMISSIONER MAC'KIE: For free? COHMISSIONER CONSTANTINE: -- that they're going to do it for free. But I also find it hard to believe that Arthur Andersen just was completely wrong, $677,000 wrong. I'm sure someone may come up with a different number. It may be 630. It may be 730. But there may be a different number. But I don't know where they're ever going to get anywhere close to $180,000. I'm trying to figure out what makes it worth someone's while to do that. COHMISSIONER MAC'KIE: And where were they when Mr. Brock did RFPs? MR. DORRILL: They were a proposer and an unsuccessful one is -- is my understanding. COHMISSIONER MAC'KIE: But they didn't propose free then or they would have been the lowest bidder. MR. DORRILL: I don't -- I don't know. For us -- we have not pursued it in that level of detail aside from -- from an expression from -- and, Hike, you correct me if I'm wrong -- the former controller who made a recommendation at one point that this work be engaged annually at a cost of about $5,000 for -- for any particular year or the desire on the part of this other firm to do work for which they have not given us the back half of that equation. I'm merely -- COHMISSIONER CONSTANTINE: Again, let me clearly understand this. They've -- they've just offered this with what facts in hand for them? They've gone through the entire report and say, gosh, we see X, Y, Z error, or they've just heard there's something going on and think they might come up with a different -- MR. DORRILL: I think it's the latter, but I -- I have not spoken to the individual. COMMISSIONER MATTHEWS: If I could -- if I could interject here -- MR. BROCK: Com -- Commissioner, could I -- maybe I could link -- COMMISSIONER MATTHEWS: -- those calculations -- those calculations are so complicated that the likelihood that the final number might be something different is very, very high. How much different it's going to be, that's -- that's what we don't know. CHAIRPERSON NORRIS: Well, I don't understand what the board members are getting at here. If someone's offering to give us a free second opinion, are you going to turn it down? I mean, is that what you're saying? I believe I'm at a loss here. MR. BROCK: May I -- may I interject something for a moment? We spoke to Earnest (sic) and Young who agreed to review the calculations done by Arthur Andersen, review the process, not redo the process, review the process. And as I understand it, it was an offer free of charge. And I certainly would suggest to this board that if someone is going to offer their services for nothing to review the work that we accept that offer as long as there are no strings attached. But we are in the process of trying to talk to them to see exactly what it is that they are willing to do. They were, in fact, one of the firms that responded to our RFP, and they did not get the bid. COMHISSIONER HANCOCK: Mr. Brock -- MR. BROCK: And as an aside, they didn't agree to do it for nothing the first time. COMHISSIONER HANCOCK: Mr. Brock, I'd like to ask a question of the Arthur Andersen representative if I may. MR. BROCK: Sure. COMHISSIONER HANCOCK: And I'll have to ask when you come to the microphone if you'll give your name for the record, please. MR. FIELDS: My name's Victor Fields. I'm the audit manager with Arthur Andersen. COMHISSIONER HANCOCK: Thank you, Mr. Fields. I think -- I think some context is appropriate here. What has happened is the -- an individual responsible for the generation of one of these bond issues as well as bond counsel feels that there's a protocol that was -- was -- was missed here, and that's why I want to ask you a couple of questions. Have you done these type of arbitrage calculations time and time again for other municipalities? MR. FIELDS: I have to qualify that. I myself did not perform the arbitrage calculations because that's not something I have an expertise in. As Commissioner MAtthews alluded to earlier, they're very, very complicated. I am an audit manager. These are sections of the Internal Revenue Code. And Joan DeMArco who I understand has been present before that board did the work, and she has done a number of calculations for other municipalities and has worked with our other clients in the Florida market as well. COMMISSIONER HANCOCK: Okay. Are you familiar with the process by which these calculations are performed enough to answer some questions on that, or -- or would you -- MR. FIELDS: I would have to pass on that because that is beyond my expertise. COMMISSIONER HANCOCK: Let -- let me then just put out what I have heard and why I am interested in a second opinion. What I have heard is that typically when these arbitrage calculations are done, it's fairly normal for bond counsel to be consulted early in the process in addition to the generator of the bonds to be consulted early in the process. Whether that's true or not, I don't know. And that's what I wanted to find out is if in other situations that has been your course of action. And that's why a second opinion sounds to me to be in order -- COMMISSIONER MAC'KIE: Sure. COMMISSIONER HANCOCK: -- because I hear from one side that, hey, we weren't consulted and we were the counsel to the board on these items and -- but I don't know if that's normal procedure or not. COMMISSIONER MAC'KIE: Can -- can I -- MR. BROCK: Commissioner, can I ask you a question just out of curiosity? Who is it that is representing that bond counsel wasn't consulted? COMMISSIONER MAC'KIE: Thank you. COMMISSIONER HANCOCK: I'm sorry? COMMISSIONER MAC'KIE: Who says -- MR. BROCK: Who is it that is representing that bond counsel isn't or wasn't consulted? When we got the draft report from Arthur Andersen, we immediately contacted bond counsel and provided them with a copy of the draft for them to go through. I'm -- I'm sort of perplexed as to who it is that is not -- COMMISSIONER HANCOCK: But didn't you say that was one week before the board heard the item? MR. BROCK: But I'm still perplexed as to who it is that's saying bond counsel wasn't consulted. We had bond counsel here COMMISSIONER HANCOCK: No, no. Mr. Brock, Mr. Brock, that's not what I said. I said what I am hearing is that they are to be consulted earlier in the process. COMMISSIONER CONSTANTINE: I think the question is from whom are you hearing this. COMMISSIONER HANCOCK: I'm hear -- well -- COMMISSIONER MAC'KIE: I think we heard it from Mr. McNees. COMMISSIONER MATTHEWS: He's holding his hand up. COMMISSIONER MAC'KIE: That's who I heard it from. MR. MCNEES: If I may, I spoke following the meeting two weeks ago -- in fact, he called me -- directly to the Neighbors, Giblin representative who was in attendance on that day. He wanted to make sure that I understood they had only been made aware of this issue. In fact, he felt like he had -- he had kind of got in a position where we as his clients didn't know what he was up to, so he called me to make sure that I understood that he had only found out about this issue a week before. They had been asked to review some documents which they did and made a report based on that review. That's why I have made the statement that I did. MR. DORRILL: It should be clear, though. They called us. They called us as a result of a concern that they had that they are under contract to the Board of County Commissioners. And neither the county manager nor the county attorney knew that they had been asked to do work. They assumed that we knew that they were asked to do work a week prior to the item being on the agenda two Tuesdays ago. COMHISSIONER HANCOCK: And again, my statement is in no way an indictment of the process but merely a clarification. And unfortunately, the people who normally do that aren't -- aren't here. So I don't know if that's normal process or not. That -- that was just the focus of my question. Is that fairly normal, or are they normally contacted when you start the process? And as you said, you're not qualified to answer that. MR. FIELDS: I cannot answer that because it's -- COMHISSIONER MAC'KIE: Just as a general comment, what -- what kind of set me off a little bit here this morning is the -- the focus of this discussion is supposed to be to figure out what was broken and identify how to fix it. We know that that's going to be by identifying whose responsibility it is to do these calculations going forward. And to do that we have to identify whose responsibility was it in the past. We've -- we've gotten that much. We know it was the director of finance which at the time was Mr. Yonkosky. So -- and we will adopt some form of a resolution to address the problem in -- in the future to clarify that. Nobody's got any problems -- I don't hear any problems with if every CPA firm in the world wants to be sure we're not overpaying, everybody wants to do that. The problem that I'm having with this discussion is that it's turning into finger pointing that -- and too much trying to cover your own behind here because the -- the issue shouldn't be -- nobody could possibly be alleging that we did this completely right before. We have not done this right before. We did it wrong. We may owe 677, or we may owe 673. But -- but I don't think it's appropriate for anybody to be acting like there was really nothing wrong and another firm is -- you know, they want to show up and say, gosh, we think Mr. Yonkosky did it all just right. Anybody who's suggesting that I think is -- is way off base. COMHISSIONER CONSTANTINE: Just a little aside. Does Mr. Yonkosky assert -- do you know, Mr. McNees? -- that the 220,000 overpayment that we made was correct as well? MR. MCNEES: I can't answer that. I don't think he would stipulate to an overpayment, but again, I -- MR. BROCK: Commissioner, may I make a suggestion? I mean, it seems to be that we're getting detracted from what I think is the real purpose of this. And that is if, in fact, we have an opportunity to have someone review the work that was done by Arthur Andersen at no cost, I will go back to Earnest and Young and ask them to look at it. And prior to me doing that, I will have conversations with Earnest and Young, see what it is that they are, in fact, willing to do, and come back and talk to you about it. If, in fact, Arthur Andersen's calculations are not correct, I would be the last person to suggest that we should not, in fact, do something to correct that. And I think that as opposed to standing up here and arguing about this that that would be, if the board is agreeable, the way to deal with this. And I will go talk to Earnest and Young. COHHISSIONER HANCOCK: I've heard the terms finger pointing and arguing, and neither of those is what I -- you know, I asked a question. COHMISSIONER HAC'KIE: I wasn't talking about you. COHMISSIONER HANCOCK: I wanted to put cards on the table as to why I thought a review was necessary. That's all. MR. BROCK: And I think that is a very legitimate request if, in fact, we can get that done for nothing. COMHISSIONER MATTHEWS: Mr. Chairman -- MR. BROCK: So I -- you know, I will -- I will be glad to do that. COMMISSIONER MATTHEWS: Mr. Chairman, can I ask Mr. Brock a simple question? MR. BROCK: Certainly. COMHISSIONER MATTHEWS: I think it's simple. MR. BROCK: I'm not sure any of this is simple. COMMISSIONER MATTHEWS: You -- compared to the calculations they are. MR. BROCK: Yeah. COMMISSIONER MATTHEWS: You're going to find out from Ernst and Young the whole picture that they're offering. MR. BROCK: That is correct. COMHISSIONER MATTHEWS: Okay. And -- and whether there will be a requirement for Collier County to take action on their findings within whatever they agreed to do. MR. BROCK: That's correct. COMMISSIONER MATTHEWS: My question is we've already devoted or you've already devoted a significant amount of staff time to the calculations that have been done. MR. BROCK: An unbelievable amount of staff time. COMHISSIONER MATTHEWS: Now, my -- is Ernst and Young merely going to review the report with a limited amount of staff time? MR. BROCK: I have not gotten into the specifics. That's the thing that I need to do. And when I find out what it is that they're really willing to offer, we'll come back and talk about it further. COMHISSIONER MATTHEWS: Okay. COMMISSIONER CONSTANTINE: Can I just make sure I understand one thing? My recollection of your presentation a couple of weeks back was not so -- not only that some of the calculations were done -- done improperly but there were -- there were several calculations that were never done at all and -- MR. BROCK: I mean, Commissioner, I think if -- and if you'll give me an opportunity to go through the bond covenants and everything, I think you will get more insight into what, in fact, wasn't done. And I think you're correct. No, I know you're correct. COMHISSIONER MAC'KIE: So that's just on the point of that we can't sit here today and act like perhaps really there was nothing wrong after all. There was something wrong. We did something -- we haven't done it correctly. Now we're gonna focus and identify what it was, and nobody's questioning if we're gonna get -- get it down to the last penny. But I'm ready to hear from the clerk if you are. CHAIRPERSON NORRIS: What do you -- do you have a presentation for us, Mr. Brock? MR. BROCK: Yes, sir. CHAIRPERSON NORRIS: How long do you anticipate that to take? MR. BROCK: I guess it will depend in large part upon the questions that I get, but it's going to take probably 15 minutes. COMMISSIONER CONSTANTINE: Do the presentation and we'll ask questions at the conclusion. CHAIRPERSON NORRIS: Yeah. Let's -- let's let -- let's let the clerk go through his entire presentation without interruption, and then we'll ask him questions later. We could maybe get through it quicker. MR. BROCK: Commissioner, as to who the responsibility of doing the arbitrage calculations were, that rests solely within the parameters of your bond documents and specifically the bond resolution. To give you a history, when this county originally started issuing bonds back in '86, the first couple of the bond issues, one of which I'm going to show you in a moment, clearly said that it was the clerk of the circuit court, said clerk, the clerk's responsibility to do the calculations. The next progression in the bond issuance and the resolutions that took place here in this county says the county shall calculate. And I'm going to go through -- and this is one of the issues that Arthur Andersen calculated that we owed a rebate. This particular rebate was due in nineteen and ninety-two. It is the capital improvement bond. Okay. Commissioners, if you will look -- if you will look at section H, this is an amend -- an addition to an original bond resolution. And if you will look at the two last sentences, monies shall be transferred to and from the rebate fund, and monies in the rebate fund shall be invested in such a manner as shall be provided in the certificates of arbitrage. Now, if you will recall the conversation that Mr. HcNees had with you, the certificate of arbitrage was the document that was signed by Mr. Yonkosky. That is the document which identifies the process by which arbitrage shall be done. It goes on to say that the issuer agrees to take all actions necessary to maintain the exemptions of the interest on the bonds from federal income taxation including without limitation complying with all of the applicable provisions of the tax reform act of nineteen and eighty-six. Okay. Now, the issuer -- without showing you that, I'll tell you that the issuer is defined in the documents as Collier County. COHMISSIONER MATTHEWS: Mr. -- I'm not going to interrupt. I'm sorry. MR. BROCK: Do you want me to show you -- I'll figure it out here in a minute. There is -- if you look at the bottom, issuer shall mean Collier County, Florida. What I'm fixing to show you now is the -- COHMISSIONER MAC'KIE: Help him, Jim. MS. BILES: He's never been a teacher. COHMISSIONER MAC'KIE: They don't -- MR. BROCK: That's true. COHMISSIONER MAC'KIE: They don't give us that in law school. MR. BROCK: What I'm fixing to show you now is the arbitrage certificate. This is the document that was signed by Mr. Yonkosky which in the bond resolution this board or the board that passed the resolution, the bond resolution, agreed to comply with; okay? And it says in here -- and where I was referring to the county or its -- or its designated agent, if you will look at that, it says, the county or its designated agent shall administer the rebate fund and continuously invest all amounts held in excess account, earnings account, and authorized investments. Okay. If you look at that, that doesn't make any reference whatsoever to the calculations. If you look at the next paragraph which is paragraph -- paragraph 3, when -- within 20 days after any calculation date, the county shall calculate. Okay. And having said this, let me make it clear to everyone that from my perspective as the clerk of the circuit court and as an elected official by the people of this community, it is just as much my responsibility from a practical standpoint as it is anyone else to ensure this county operates the way that it should. But in terms of people saying that it is legally the clerk's responsibility to do the calculation, I think there needs to be some explaining. If you look at section 5, you see the very same language. The county shall at the same time calculate the excess account requirement. Now, if you look at the definition section of the resolution, there is a definition of clerk. The issues that preceded this issue had very unequivocally the clerk of the circuit court was to do the calculations. These issues changed that to say the county. And in the definition section of the resolution, it defines what the clerk is. I suspect from the standpoint of a lawyer that if, in fact, it was intended to be the clerk who was the primary responsible party, that they would have used the word that they had defined. COMMISSIONER MAC'KIE: So that's -- oh, I'm sorry. MR. BROCK: But if you go to the emergency ordinance that was passed by the Board of County Commissioners with reference to this particular project, you look down at the bottom section 1. The Board of County Commissioners of Collier County, Florida, hereinafter respectively called board and county. Now, the other issue in which we -- we were -- which Arthur Andersen determined that we had a large rebate due the federal government was essentially the same language that we have here in this particular scenario. I'll be glad to go through that if you want to. But in the interest of brevity, I will skip that one and go to one in which the clerk was designated. If you go to this particular bond issue and look at the language that is used in this bond issue, it says, on each rebate determination date, the clerk shall calculate and determine, "A", the actual earnings. It basically substitutes clerk for county. This preceded the bond issue that I just showed you. Without going through all of the documents in that particular bond issue, it's a resolution where the board agreed to comply with all of the terms and conditions of the arbitrage certificate and the arbitrage certificate itself. I mean, they're essentially the same. What we have moved to since -- as a natural progression, I suspect, as the arbitrage laws evolved and became a little more complicated, what we moved from was the clerk to the county and the county having the responsibility of identifying who was going to do that through the natural progression of requiring that it be done independently. Now, this is a line of credit revenue note, series D-3. If you look at section 3.03, tax covenant, in order to maintain -- let me see -- maintain the exclusion -- it goes on to say that basically the county will comply with the provisions of the arbitrage certificate. This is the document which is comparable to the resolution. Now, this is the arbitrage certificate and the rebate requirements. The county shall pay to the United States government the amounts determined to the rebatable arbitrage for purposes of determining the rebatable arbitrage. The county hereby covenants to cause the calculations to be made by competent tax counsel or other financial or accounting advisors, independent bodies, to ensure correct application of the rules contained in the code and the treasury reg -- regulations relating to arbitrage. Now, that is overwhelmingly the language that is contained in all of the bond issues that are presently out there. In nineteen and ninety-two, there were three of -- no, there were five issues that required that calculation to be made, none of which we have been able to determine were ever made by either of those three parties. COHMISSIONER CONSTANTINE: Would you put that last slide up again just for a minute, please? Thank you. MR. BROCK: In going through the process of trying to find out what had taken place in the county in terms of the arbitrage calculation, we went back and researched documents. In as early as nineteen and ninety-one, Hay the 30th of nineteen and ninety-one, we found a letter from Coopers and Lybrand to John Yonkosky suggesting that, in fact, calculations should be done annually and by someone independent and competent. COHMISSIONER HAC'KIE: Sorry. COHMISSIONER MATTHEWS: This is 19917 MR. BROCK: The date of the letter is Hay the 30th, nineteen and ninety-one. Can I change? CHAIRPERSON NORRIS: Yeah, sure. MR. BROCK: I mean, do you all want to go through the entire letter? CHAIRPERSON NORRIS: We'll take your word for it. MR. BROCK: On December the 3rd, 1991, we discovered a letter from a Kathy Ream who was in 1991 the comptroller of the finance department in the clerk's office under Mr. Yonkosky to a member of your staff, a Mr. Harry Huber, in which she very clearly tells him that in her opinion that there is, in fact, an arbitrage rebate that is going to be due as we have now discovered based upon Arthur Andersen's evaluation, that that was, in fact, due in nineteen and ninety-three and was not ever calculated or filed. COHMISSIONER MATTHEWS: Mr. Dwight (sic), would you -- would you read the last sentence of the third paragraph? MR. BROCK: The IRS code deals with arbitrage in two general ways. COHMISSIONER MATTHEWS: Just the last par -- just the last sentence of that paragraph. MR. BROCK: If the arbitrage profits are not rebated to the federal government, the tax exempt issue may become taxable to the bond holders. COHMISSIONER MATTHEWS: Okay. MR. BROCK: I think that language is contained in every bond covenant that is out there or in every -- I don't know whether it's the covenant portion, but it's in the issue portion. Now, that became due, as I said, in nineteen and ninety-three at the end of the fiscal year and had to be paid. It was never calculated, and it was never paid. In addition, we found a letter from Earnest and Young to Mr. Yonkosky on May the 5th, nineteen and ninety-two. COMMISSIONER MATTHEWS: Ernst and Young? MR. BROCK: Earnest and Young. The letter says, I have had several phone conversations during the past ten days with your financial advisor, MArc Samet of Raymond James, regarding the above-captioned issue. The fact that in each case Collier County chose the penalty in lieu of rebate option with the understanding that if the county did not spend the available construction proceeds on the prescribed time table that at each six month -- six-month anniversary from the date of delivery of each issue the county would cal -- calculate and pay the penalty due the U.S. Treasury within 60 days. From my conversations about the two above-captioned issues, I understand that the county has not made the calculation and/or paid the U.S. Treasury the amount of penalty identified. The Internal Revenue Code is not particularly lenient in such situations. And, therefore, I cannot help but encourage you to rectify this situation as soon as possible. The two issues that we are talking about here are the two issues in which we overpaid based upon Arthur Andersen's calculations by $200,000. I think one of these particular issues were two reporting periods behind at this point in time, and one was one -- I believe one behind at this point in time. So -- COMMISSIONER MAC'KIE: Are you going to show us a response to that? MR. BROCK: No, ma'am, I'm not. COMMISSIONER MAC'KIE: Why? MR. BROCK: Unfortunately I was not able to find a response to this. There was -- as far as we can determine, no one hired or paid to do those calculations. Now, these are nineteen and ninety-one and nineteen and ninety-two when it's pointed out that we have problems with these. And in nineteen and ninety-two, according to Arthur Andersen, we had a major hit on one of the issues. In nineteen and ninety-three we also had a major hit. On December the 28th, nineteen and ninety-three, John Yonkosky filed a report on one of these bond issues which overpaid, according to Arthur Andersen's calculations, the penalty in lieu of for that particular issue. So I do not argue with or question or have any disagreement whatsoever with Mr. McNees that apparently someone over in the finance department, i.e., Mr. Yonkosky, was of the impression that it was his responsibility to do this. But it was not taking place properly based upon what Arthur Andersen has told me and my reading of the bond covenants. Question. CHAIRPERSON NORRIS: Does that conclude your presentation? COMMISSIONER CONSTANTINE: Just on your final comments there, calculations weren't made though required at all for about two years from the time of notification and then when they were -- when those calculations were made they were in error, and we overpaid the federal government by a couple hundred thousand dollars. MR. BROCK: That is correct. Commissioner, when I say there were no calculations made, that's not really correct I don't think. I mean, we found some documentation over in the clerk's office that we provided to Arthur Andersen which appeared to be what was an attempt to do something. But when we gave it to Arthur Andersen, the response was, there's nothing been done. So we started out from scratch. COMHISSIONER HANCOCK: Based on the -- the progression you went through where sometimes the word county was used and sometimes the clerk and sometimes the third set of wording, what you're saying is that you're not -- there's no argument that the at least perception among everyone was that the clerk's office was responsible or -- or someone in the finance department was responsible for doing the arbitrage, but you're saying it was just done wrong. MR. BROCK: Well, I'm -- I think there were a lot of people that thought there was some responsibility. If you will note your -- the county's, not yours, but I mean the county's financial advisor was involved in this. I mean, he was contacting firms to do it that was sending letters back to the finance department in 19 -- was it '92 or '917 COMHISSIONER MATTHEWS: '91. MR. BROCK: 1991 telling them they were a problem. I mean, there were people that were involved in this, and it appears that they were people over in the clerk's office that thought that they were doing what was right. And, you know, fortunately or unfortunately -- I think very unfortunately for us -- you know, we have -- or very fortunately for us at this point in time we have taken what action we could to try to ensure that this never happens again, to correct it. As to passing a resolution that the clerk of the circuit court is responsible for the calculation, I have a problem with that. And here's the problem that I have with that. I think your bond covenants require that it be done by an independent party, bond counsel, financial advisor, or an accountant. I don't have a problem with the clerk of the circuit court being responsible for the monitoring of that and ensuring that that takes place. And I think that is appropriately where that function should lie. CHAIRPERSON NORRIS: Mr. Brock, let me see if I understood one of the points that you were trying to make with your documents that you showed us in the language there where it differentiated between the definitions of clerk and the definition of county. You -- you seem to be -- and correct me if this is not the point you were trying to make, but you seem to be indicating that that was to place the responsibility for those particular issues on the board of commissioners and not the clerk of courts. Was that your point? MR. BROCK: No, Commissioner. Commissioner, you want me to tell you, you know, my real feelings about that? That stuff is created by bond counsel. CHAIRPERSON NORRIS: Uh-huh. MR. BROCK: It's generated by them. You've probably signed one. I'm sure -- well, no, I'm positive Mr. Constantine has signed them. They're created by bond counsel. They're brought in there to your desk, and you affix your signature to them. And, you know, let's be realistic. You don't go through those and read all of those and understand exactly what is taking place in that. You know, the ultimate responsibility rests upon all of us. It rests upon the elected officials of Collier County, the clerk, the board, and everybody else. I don't want to stand up here and think and you think for a minute I'm trying to point the finger at you and say it was you, it was you or it was me, it was me. It's the elected officials of Collier County's responsibility to ensure that we comply with all of those bond covenants. CHAIRPERSON NORRIS: Well, then what was the point that you were trying to make? MR. BROCK: I have a difference of agreement with staff that it is real clear that it was the clerk's responsibility based upon the law in the covenants. That was the only point I was trying to make. I don't think it is that clear at all. CHAIRPERSON NORRIS: Was it -- was it clear to you, though? MR. BROCK: I just said no, it is not that clear to me that that's what is required in the legal documents. CHAIRPERSON NORRIS: Okay. All right. Yes. COHMISSIONER HAC'KIE: My question on that point is -- is were there different drafters perhaps. I mean, were there different drafters in those different issues, or was that a progression in change of policy? MR. BROCK: I think there were a couple of issues that started out with the clerk. Three issues started out with the clerk. Then it was a progression to two issues that went to that language -- COHMISSIONER HAC'KIE: The county. MR. BROCK: -- and then it went to the other language. COHMISSIONER HAC'KIE: And -- and -- and I need to understand, Mr. Brock, your -- on the issue of a resolution saying whose responsibility this is going to be, my feeling is that it should be your responsibility. And then if you hire independent people to do it, I think that should be in your judgment. COHMISSIONER MATTHEWS: But our -- our covenants say independent. COHMISSIONER MAC'KIE: Well, on the existing, but now what we're talking about is establishing a policy for what our covenants are going to say in the future. So I'd like a recommendation from you about that, but that's what I believe is that you're the chief financial officer. It's your responsibility. And if you think it needs to be hired out, you hire it out. Otherwise do it in-house. MR. BROCK: If I have any voice in that particular decision-making process, I would like to suggest to you that that be done by some independent source. That is a very complicated, complicated, complicated process. COHMISSIONER MAC'KIE: But who's going to review that? MR. BROCK: And I certainly do not have and neither does this county have the money to hire someone with that type of expertise for that limited purpose if I'm understanding you correct. COHMISSIONER MAC'KIE: Almost. MR. BROCK: But I mean I don't -- I think conceptually we agree that the clerk should be responsible for monitoring that. COHMISSIONER MAC'KIE: That's what I'm talking about. MR. BROCK: But, you know, you as the Board of County Commissioners -- I don't want to be in a posture and I don't think any clerk should be in the posture of coming out here and saying, well, you do this. I had rather leave that with the Board of County Commissioners to make the determination of who it is that does that. I mean, you're principally the policy makers of this county, and I think that's the way that it should be left. You know, I perform essentially a ministerial function. And I think that conceptually and in the constitution and the statutes, that's the way that it was set out and frameworked. COHMISSIONER MAC'KIE: Let me -- let me just be perfectly clear. What I'm saying is as one of the policy makers, I would like for the policy to be that the chief financial officer, the clerk, is the overseer, is the -- has the responsibility of ensuring that this is done. I don't think it should be the county manager's function. I don't think it should be the chairman of the board's function. I think it should be your function to monitor and oversee that process. MR. BROCK: And I agree. COHMISSIONER HAC'KIE: And that's what I hope to make clear. MR. BROCK: And I agree. CHAIRPERSON NORRIS: Let's see if we can bring this to closure. What are we going to do here today? What's the pleasure of the board? COHMISSIONER HAC'KIE: Well, I'd look to adopt a resolution along the lines of what I just described with -- with Mr. Brock for going forward. Okay. I move that going forward that it's the official policy of Collier County that the clerk to the board, the clerk of the circuit court in his capacity as the ex officio clerk to the Board of County Commissioners, has the responsibility for ensuring compliance with bond covenants, whether he does that in his office or through outside experts but that the responsibility lay with the clerk. CHAIRPERSON NORRIS: And let me ask a question on that. Since the outside auditor, I believe, is hired by the Board of County Commissioners, how does that -- does that allow the clerk to -- to hire the out -- same outside auditor for extra work to be done such as what is being proposed here? COHMISSIONER HAC'KIE: I think that's -- what my intention is -- again, we get so set up in this us and them stuff. Mr. Brock is the clerk separate from us, but he also serves as the clerk to the Board of County Commissioners. It's one of his many titles. COHMISSIONER MATTHEWS: Let me ask a question. MR. BROCK: Hay I -- may I answer I think Commissioner Norris's question? The Florida statute provides that the Board of County Commissioners will hire the external auditor. There is a structured process -- I think it's chapter 11 of Florida statute -- that we go through in hiring the external auditors for the county. COHMISSIONER MATTHEWS: Mr. Chairman? MR. BROCK: And the board is the one that enters into that contract. CHAIRPERSON NORRIS: Well, you know, but my question is does the clerk then have the authority to say, well, I've decided that we better have these calculations done by the outside auditor. Therefore, I'm unilaterally going to authorize that? That's my question. Does that take -- does that take approval by the board? MR. BROCK: I do not know. CHAIRPERSON NORRIS: Just a procedural -- Commissioner Hac'Kie, I understand your impatience here -- COHMISSIONER MAC'KIE: No, no, no. CHAIRPERSON NORRIS: -- but we're trying to make sure that we comply with the law. COHMISSIONER MAC'KIE: I'm so sorry, Mr. Norris. That was on a completely -- CHAIRPERSON NORRIS: Okay. COHMISSIONER MAC'KIE: -- different -- that sigh was not intended -- CHAIRPERSON NORRIS: Okay. COHMISSIONER HAC'KIE: -- to have any editorial comment. It was something Mr. Constantine and I -- COHMISSIONER HANCOCK: I think it was hunger speaking. COHMISSIONER HAC'KIE: I'm so sorry. CHAIRPERSON NORRIS: I'm hungry too. Can someone answer that for me, please? COHMISSIONER HANCOCK: I think it needs to be structured whichever way we see fit. COHMISSIONER MATTHEWS: Mr. Chairman, could I ask Mr. Brock a question? CHAIRPERSON NORRIS: Sure. Well, could I get answer to my question, please? COHMISSIONER MATTHEWS: Well, I think my question addresses your question from -- from a different direction. I -- I believe that as you were putting the covenants up on -- up there I was seeing something that related that these calculations are supposed to be made annually and money put into a reserve fund or trust funds. MR. BROCK: Some of them say annually, and some of them say five years. COHMISSIONER MATTHEWS: Some say five years? MR. BROCK: I think most of the ones that are out there now say five years. COHMISSIONER HANCOCK: But most calculations are done annually. MR. BROCK: But, I mean, you know, there's going to have to be a calculation done annually. They're going to have to go back and do the bond year, so it only makes sense that you keep doing them annually so that at the end of five years you've got everything tied together. COHMISSIONER MATTHEWS: Mr. Brock, would it be appropriate that -- that this board when it hires its outside auditor include within the scope of work to be done this calculation? MR. BROCK: I think that would be very appropriate. COHMISSIONER MATTHEWS: And that we just include it in the scope of the work -- MR. BROCK: I think that would be an excellent idea. COHMISSIONER MATTHEWS: -- and it gets done every year. Thank you. That -- MR. BROCK: I mean, the external auditors are not going to issue an opinion until they make a determination that there is no liability out there that has not been identified. So, you know -- COHMISSIONER MAC'KIE: But Coopers and Lybrand did. Coopers and Lybrand did every year after 1992. MR. BROCK: That's true. COHMISSIONER MAC'KIE: Go figure. COHMISSIONER HANCOCK: Well, then either Commissioner Hac'Kie's resolution needs to be amended to reflect what Commissioner Hatthews just said or -- COHMISSIONER MATTHEWS: I -- I would ask the -- the motion maker to broaden the motion to include a widening of the scope of our audit each year to include the calculations. MR. BROCK: We work very closely with the external auditors in the audit process, and we can work very closely with them in terms of ensuring that this takes place. If you will look at the audit agreement, scope of services, it requires compliance with bond covenant. COMHISSIONER MAC'KIE: So I'd be happy to include that with the -- with the understanding that we're not -- I don't -- I don't want to make any -- any -- I don't want to raise any question about the fact that that's already been in the scope of services with our auditors. And if -- COMHISSIONER MATTHEWS: Compliance. COMHISSIONER MAC'KIE: -- they fail to do that -- COMHISSIONER MATTHEWS: Compliance, not the calculation. COMHISSIONER MAC'KIE: Okay. I see. Compliance, not calculations. MR. BROCK: Correct. COMHISSIONER MAC'KIE: Okay. So I do amend my motion to include -- CHAIRPERSON NORRIS: Okay. Could I please have an answer to my question, Mr. Weigel? MR. WEIGEL: I'll try. And if I don't answer the question, please restate, and I'll defer it probably. But I think one of your -- part of your question was in regard to the hiring of the outside -- hiring of the outside expert or auditor to review these arbitrage and bond requirements is will that be -- is that a county, i.e., a board contract as opposed to something that you by this resolution possibly would be delegating to the clerk? I would suggest that it continue to be a board contract. That keeps in keeping with the general policy anyway that the board enters into contracts with the outside experts for these kinds of things. And, however, I think perhaps the gist of the resolution that you're aiming toward here is that the clerk be responsible so that if there is an additional contract or any kind of contract that's not already in place such as with our current external auditor that it will be the clerk's responsibility to see to it that the board timely enters into that contract so that the functions can be performed in a timely or anticipatory manner. CHAIRPERSON NORRIS: I think that's -- MR. BROCK: Here, here. CHAIRPERSON NORRIS: I think that's the intent of the motion. The -- but to make sure I understand the current and previous answer to that question not counting what we may do to change it in the resolution today, the answer to the question up to this point has been that the clerk does or does not have the authority to request and authorize and pay for work done by the outside auditor. MR. WEIGEL: Well, that's truly the 64 dollar question. In regard to the recent contract with Arthur Andersen, I can reflect on the recent history that the clerk came back to the board to get authorization for the payment of that contract. Mr. Brock can assist in regard to the fact that I believe that that was probably a contract with the Board of County Commissioners as opposed to a contract with the clerk. I will state that I don't recall that -- that it had been to the Board of County Commissioners or reviewed by staff prior to this time including county attorney staff. And again, not to speak for Mr. Brock, I know that he had kind of a confidential manner to -- to accomplish the task of getting the job done. CHAIRPERSON NORRIS: Okay. Thank you. Do we have a public speaker? MR. DORRILL: You -- you have one. MR. BROCK: Before this moves on, the contract that I had with Arthur Andersen was a contract with the clerk's office. If, in fact -- you know, I entered into the contract with Arthur Andersen with my eyes opening -- open knowing that if, in fact, I was unable to get from the Board of County Commissioners the funding which I didn't think I was, that the Board of County Commissioners and I were going to be in litigation. I did not think that for a second under the circumstances that that was going to happen because it was required by the bond covenants, and that would have been a major losing situation. But I understood the problems. And I dealt with it because of the circumstances in which I found myself. COHMISSIONER CONSTANTINE: Before we hear from the public, can we move the video display there? CHAIRPERSON NORRIS: Go ahead, Mr. Dorrill. MR. DORRILL: Mr. Yonkosky had asked to -- to speak. MR. YONKOSKY: Good afternoon, commissioners. My name is John Yonkosky, and I'm here before you today as an individual rather than as an employee. And the reason that I'm here is that I heard there was a lynching going on, so I thought I'd come down and participate and found out that I was being lynched. I -- and that's my feelings about that. I have not had one call from either a commissioner or a member of the staff that put this together that asked me one question about it. So I have heard two commissioners talk about errors that I performed and asked if I have admitted it. But no one has asked me. COMMISSIONER MAC'KIE: Do you? COMMISSIONER CONSTANTINE: I'll ask you right now, Mr. Yonkosky. Mr. McNees alluded -- and that's where my question came from, is our own staff report. COMMISSIONER MATTHEWS: He said he talked to you. MR. YONKOSKY: He said he talked to me. He did not say that I made any errors. COMMISSIONER CONSTANTINE: You don't mind if I finish my question, do you? Mr. McNees said that you had indicated you believed it was your responsibility to take care of these. The clerk has indicated that there were errors, "A", in the way the calculations were done, and "B", that several of the calculations weren't done. So the next logical question for me since Mr. McNees was suggesting you had indeed taken responsibility was have you acknowledged that there were errors, and have you acknowledged that some of the work wasn't done? Perhaps you can answer that now. MR. YONKOSKY: I have not had the opportunity to look at the calculations that were made. I have not had the opportunity to review the assumptions that were used by the consultants. I don't even know that the board has reviewed the assumptions. I don't not know that the underwriters that were involved with those issues have been contacted and reviewed the assumptions. I do not know that bond counsel has re -- reviewed those assumptions. Bond counsel is the one that gave the opinion on those issues. And -- and, Commissioner, I fully understand what you're saying. And I'm not saying -- I'm not trying to be argumentative with you. All I'm saying is that some issues have been raised, and I was never contacted with those. That's -- that's all. But what I would like to do is pursue something a little bit further in the discussion earlier that the commissioners had about whether the rebate should be verified by someone else. I would suggest that the bond issue, the 1988 bond issue, which has generated a two hundred and fifty or sixty thousand dollar rebate -- I don't know because none of the information has ever been provided -- was -- when that bond issue was issued in 1988, it was at 8 percent. The interest rate paid on those bonds was at 8 percent. In order to generate a $260,000 arbitrage rebate, I would have had to have earned on the county's investments at that time probably somewhere in the vicinity of 14 percent. And I have a lot of confidence in myself, but I doubt very seriously if I came close to that. As a matter of fact, it was probably more in the vicinity of below the state board because in 1989 the state board was paying 8.31 percent. And if you paid on your bonds, which you did, 8 percent, then there's something that doesn't pass the sniff test. COMMISSIONER MAC'KIE: We -- we've all agreed we're going to have that recalculated, Mr. Yonkosky. Can I -- since we do have you here, can I ask you a question that -- that came up in the discussion today was -- I can't even remember who but -- yeah, to Mr. McNees. A Mrs. Jones at Coopers and Lybrand said -- when asked why did this red flag about arbitrage appear in the 1992 management letter and not subsequently, she said, I need to look into it more closely, but the normal practice would be it would have continued to appear unless we had received something from Collier County saying take it out. Do you have any idea what Collier County might have communicated to her in response to that? MR. YONKOSKY: Yes, Commissioner. I will offer you what I think Collier County communicated to the external auditors. Every year the finance department staff made calculations, not sophisticated calculations but calculations to see whether or not we really should go out and get some external people. That was early on in the process. Those papers are provided. That particular year, there was a question coming up about the -- whether or not there was a rebate payment due on one particular issue. And I don't recall that issue at the present right now because it's been several years since I've seen those papers. I suggest that someone contact Miss Kathy Ream who is a CPA with Coopers, became an employee in the comptroller of the -- for the Board of County Commissioners -- she made those calculations -- and ask her if she made the calculations. And I suggest that you get Phyllis Jones to come here and provide you with them because I'm telling you that the calculations were made. To the best of my knowledge they were made and provided, and I believe that that -- that those calculations were made in good faith and probably were very close to being accurate. The three issues that you have been asked to pay a rebate penalty on, you maybe need to look at the time when that rebate was due. The first one was a sales tax issue. The seven million dollar sales tax issue, there were, as far as I can recall, two projects associated that (sic). One was a payment to a Lely Corporation for $3,500,000 for the acquisition of Lely Barefoot Beach Park. The second one was the payment for that building at 2802. So I've dealt -- very seriously doubt if there was any arbitrage, significant arbitrage, owed on that. What I've been told through discussions with some of the staff in finance, that there may have been some sort of a transfer of proceeds associated with that. And if there is, then I suspect that there could be an error. COMMISSIONER MAC'KIE: I have one last question. MR. YONKOSKY: Uh-huh. COHHISSIONER HAC'KIE: There was a letter from Ernst and Young or Coopers and Lybrand or something that was put up on the screen here today that said, dear Mr. Yonkosky, the IRS is not going to be happy if you don't change something about what you're doing. I asked Mr. Brock if there was a response to that letter. Do you know the one I'm talking about and if there was a response? MR. YONKOSKY: I do not know when the letter was written. I was on my way down here. COHMISSIONER HAC'KIE: Could you tell me -- Mr. Brock, help me remind what -- it was a 1992 letter. Was it from Coopers and Lybrand or Ernst and Young? MR. BROCK: Ernst and Young. COHMISSIONER HAC'KIE: It was from Ernst and Young, and it said, dear Mr. Yonkosky, you're not doing arbitrage calculations. And if you are, you're not doing them right. Danger, danger. The IRS won't like that. MR. YONKOSKY: Let me respond to that. COHMISSIONER HAC'KIE: Please. MR. YONKOSKY: I think there were a lot of letters from a lot of people that came into the clerk's office. That being one of them, that letter would have come from Margaret Purcell who is the head of Ernst and Young's arbitrage calculation in Jacksonville. And -- and in my opinion and I think you would if you checked with other people find out that she has a lot of status in the arbitrage calculation community, not a relatively new cumber (sic) in this area as the current auditors are. In addition, I think that if you go back and ask Mr. Brock and Kathy Hankins and Kathy Ream how many unsolicited proposals they received over a period of time to make these calculations would have put any payment that was due back to IRS in a timely manner. I also suggest to you that -- that Miss Hankins specifically told the financial advisor that the intent of the clerk's office was to wait until after the new auditors were on board to specifically keep Coopers out of it. I don't know why people aren't asking more piercing questions about this. COHMISSIONER HAC'KIE: Except for -- MR. YONKOSKY: Well, let me make one more point, Commissioner. COHMISSIONER HAC'KIE: And then answer my question about the letter, please. MR. YONKOSKY: I do not recall that particular letter. It may have been written four or five years ago. I don't know. COMMISSIONER MAC'KIE: It was. MR. YONKOSKY: But I've had several conversations with Miss Purcell over a period of time. I just want to make one more point, and then I'll be glad to answer any questions you have. There were two major components of the arbitrage calculation that was presented to you. One was the 1988 bond issue. The second one was the 1989 bond issue. The five-year period for the second one was finalized and should have been made and represented to the board six months after I left the clerk's office. And I just -- you know, as a child and as an adult, I don't mind accepting responsibility for something that I am responsible for. But when I specifically ask my boss to allow me to go out and hire external aud -- external consultants to make the calculation and I am told no, then maybe I am guilty. I should have been a whistle blower and came to the Board of County Commissioners. And then I'm guilty of that. The first one, yes, the 1993 calculation. And I made the honest assumption that there was no rebate due IRS. And until I see those work papers and have verified that that's true, I believe that the Board of County Commissioners in listening to the clerk authorized payment for that $260,000. And everyone that I have talked to in the last few days, including bond counsel, underwriters, financial advisors, all feel that that's an unbelievably high amount of money based on the facts that what the bond issue arbitrage was paying. And finally before I stop and start answering questions, everybody keeps saying there was an error made. And I don't think that you've defined what the -- the concerns are here. And -- and the arbitrage rebate is based specifically on money that the board would earn in excess of what it's paying on its debt. According to arbitrage in 1986, you were never entitled to any of that money. You never were entitled to it. And I don't know whether they calculated a penalty when they made that -- that 8,038. I don't know what they calculated as interest. But I know enough about the arbitrage regs. to know that in the 1986 regs. that deal with that sales tax issue require you to provide interest at the slug rate. And Commissioner Matthews may know what the slug rate is, but it's been very, very low. So unless you're required to pay a penalty, you've come out ahead on that particular issue assuming those calculations are accurate. COMMISSIONER CONSTANTINE: Mr. Yonkosky, you just mentioned you didn't know what errors people were saying or what -- what -- what the questions were. Let me just run through a couple of very simple questions, and -- and that is do you believe while you were serving as finance director in the clerk's office that the calculations were your responsibility? MR. YONKOSKY: The calculations of arbitrage due on any bond issues were my responsibility as an employee of the clerk of the circuit court. There's where the ultimate responsibility lies. If I made an error in the calculations or someone that works for me, I -- I don't have a problem in admitting that. COMMISSIONER CONSTANTINE: I understand. MR. YONKOSKY: But I maintain to you, Commissioner Constantine, that those calculations were made. COMMISSIONER CONSTANTINE: That was my next question. Do you believe all calculations were made completely, accurately, and/or in a timely manner? MR. YONKOSKY: I believe that the calculations -- I'm going to answer that with a statement. The calculations were made at the end of each fiscal year and presented to the auditors, the external auditors. Now, did I review those myself personally? No, I did not. I mean, I've got CPAs on staff that work for me. I've got external CPA firm, one of the big six, that's reviewing these. So I suggest that you ask that question to Miss Jones. COMMISSIONER CONSTANTINE: And the -- there would be records obviously somewhere of those annual reports as presented to the auditor. MR. YONKOSKY: In the auditor's files, yes, sir. COMMISSIONER CONSTANTINE: And just one thing confused me -- I guess a couple of other things actually. You started out in your comments by saying you don't know, you haven't had a chance to talk with anyone from the clerk's or from the staff or anyone else. You don't know what's gone on, what's transpired here specifically. And then your final comment before I began my questions referred to everyone you've talked to in the last week about this says so and so. And I'm wondering if you don't have the specific facts how much detail you could have got into with the different players this past week. And -- and those two comments just seemed to be contrary to one another. MR. YONKOSKY: I -- Mr. Hitchell has informed me what the bond issues were, and he's informed me what the amounts were for each one and which -- by -- just by going back. And if there's an arbitrage rebate that has to be made on either of those issues, it's very easy to look and -- and make a rough estimate of whether or not there should be a significant arbitrage. The underwriters and bond counsel and other people that have looked at it have questioned the size of the issue. And I -- I -- I think a couple of the commissioners were talking about sixty -- you know, if it's going from $3,000 difference, why do we want to spend the time on. And that may very well be. I question the size, and I'm talking about $200,000 worth of that calculation for at least that one issue. The other issue, I believe we can go back in -- COHMISSIONER CONSTANTINE: Somewhere in your comments I thought you said -- and -- and that's why I'm going to ask again because I wasn't sure -- that you believe perhaps no rebate was due the IRS. MR. YONKOSKY: I may have said that in the heat of being hung, but I don't know whether -- COHMISSIONER HANCOCK: I think it was in reference to the '88 bond issue that you said that. COHMISSIONER CONSTANTINE: And that's -- yeah, I lost the context on there because I was writing at the same time. And then finally, while you were still in your position there, there was a $220,000 payment to the IRS. MR. YONKOSKY: I don't know whether there was a $220,000 payment. There were a series of payments that were made based on the $12,750,000 commercial paper draw. And I as a representative of the clerk representing the Board of County Commissioners chose the penalty process on that because I felt very comfortably that that money would be disbursed in the county. And it wasn't. Therefore, my staff made a calculation at the end of 6, 12, 18, and 24 months on that just as we're required to. That calculation was reviewed by the external auditors and presented to the Board of County Commissioners. If there's an error in it, no one has asked me how -- what assumptions I used. Nobody has asked me. Yet all of a sudden my name is associated with overpayment. But have you seen the overpayment calculations yourself? Have you gone through them? COHMISSIONER CONSTANTINE: That's what I was going to ask those -- and I think you just said those -- MR. YONKOSKY: Nobody showed them to me. COHMISSIONER CONSTANTINE: Those calculations were all done in-house? MR. YONKOSKY: Beg your pardon? COHMISSIONER CONSTANTINE: Those calculations were all done in-house by your staff people? MR. YONKOSKY: That's correct. COHHISSIONER HAC'KIE: I -- may I just one more? And that -- you brought up many good points, Mr. Yonkosky. And one them was a question that you -- you think has not been asked, but I asked it, and I don't know if I've asked it in a public forum. So I want to ask it of Mr. Brock again in a public forum is, as you said, that 260 was due 6 months after you left that position as director of finance in the clerk's office. In 1993 that was due. And -- and Mr. Brock's been clerk for that long. And so I ask the same question. As soon as you found out that there was a payment due, why didn't we immediately -- why has it taken us three years to come to reach this point? And we discussed that in your office, Mr. Brock, but I think it bears -- I think it's a very good question that bears discussion in a public forum. MR. BROCK: Well, to begin with, Commissioner, I think we're talking about the beach renourishment issue. It's my understanding that that was due in the end of the fiscal year of 1993. COHMISSIONER HAC'KIE: That's what I said. MR. BROCK: October. Sixty days after that calculation would have had to have been made, Mr. Yonkosky worked for me at the time. COHMISSIONER HAC'KIE: But '- MR. BROCK: In addition to that -- COHMISSIONER HAC'KIE: But why has it taken us from 1993 to now to -- to be where we are? MR. BROCK: Okay. COHMISSIONER HAC'KIE: Why weren't we here sooner? MR. BROCK: To answer that question -- and it's premised upon it being discovered prior to us revealing it to everyone. We did not discover that we had this problem until Kathy Hankins during nineteen and ninety -- I believe it was nineteen and ninety-five said we have a potential arbitrage problem. And at that point in time we then began to explore whether or not we did and hired people outside to do that. Let me go -- let me go to one other issue. Mr. Yonkosky just made a statement with reference to -- MR. YONKOSKY: The name is Yonkosky, sir. There is no "w" in my name, and I would appreciate it if you would address me as John or Mr. Yonkosky. Thank you very much. MR. BROCK: John just made a statement that they made a calculation every six months on that first commercial paper draw that they made the penalty in lieu of calculations on. Now, Commissioner, the letter that Earnest and Young sent Mr. Yonkosky -- John, excuse me, on Hay the 5th, nineteen and ninety-two, was not an unsolicited letter. It was a letter that was solicited by the county's financial advisor, Marc Samet, in conversations about those two particular issues, the Collier County, Florida, special obligation revenue bonds and Collier County, Florida, revenue note draw A-i, the commercial paper draw. Now, that letter was dated on Hay the 5th, nineteen and ninety-two. It says in the letter that it's his understanding that the calculations had not been made and the payments had not been made -- had not been paid. Now, if you go back and look at when the reports were filed with the IRS, you will notice that on Hay the 19th, nineteen and ninety-two, all three, all three, two with one issue and one with the other, were filed with the IRS on that particular day and the payments made. So the payments nor the calculations were made in the six-month periods -- CHAIRPERSON NORRIS: Okay. MR. BROCK: -- contrary to what Mr. Yonkosky said. CHAIRPERSON NORRIS: Okay. Well, you know, we're getting a little bit afield from what we are here intended to do. We have a motion on the floor. We have -- you know, I don't think this board wants to continue a he said and he said and he said arguments. Let's bring this to termination. Does anyone else -- any other board member have -- let's restate the motion so that we're clear that -- what we're going to do here. COMHISSIONER MAC'KIE: My motion is that going forward the clerk of courts be designated as ultimately responsible to monitor arbitrage calculations and oversee that process and also that arbitrage calculations be included in the future outside audit scope of services provided to the Board of County Commissioners. CHAIRPERSON NORRIS: Okay. Now, does your motion also authorize and direct the -- the clerk to enter into an agreement with Ernst and Young to provide free second opinion services? COMHISSIONER MAC'KIE: Absolutely. MR. BROCK: That's fine. I'll certainly do that. But, I mean, whenever I talk to them, I'll come back and discuss it with you, and we'll go from there. COMHISSIONER MAC'KIE: Well, it included free. If it turns out not to be free, let us know. MR. BROCK: Absolutely. CHAIRPERSON NORRIS: Second? COMHISSIONER HANCOCK: Second. MR. WEIGEL: Part of the motion is to adopt a resolution; is that correct? COMMISSIONER MAC'KIE: Yes, sir. CHAIRPERSON NORRIS: Yes. MR. WEIGEL: Okay. I can obviously put that resolution together. Just as a side note, if you wish to make a motion or wish to continue, I could, in fact, draft a resolution that says all these things with the appropriate words and bring it back for your review next week. CHAIRPERSON NORRIS: Can we just direct you to do the motion today? MR. WEIGEL: You can direct me to do the resolution today. CHAIRPERSON NORRIS: I think that's what the motion intends. MR. WEIGEL: Perhaps you might like to -- to see it, and then a resolution number would be accorded to it next week. COMMISSIONER MAC'KIE: Maybe just consent agenda if necessary. CHAIRPERSON NORRIS: Well, he can do it today. COMHISSIONER MAC'KIE: Okay. CHAIRPERSON NORRIS: And that's -- that's what your motion intends; is that correct? COMHISSIONER MAC'KIE: Yes. CHAIRPERSON NORRIS: Okay. Good. Public speakers? MR. DORRILL: No, sir. CHAIRPERSON NORRIS: We have a motion and a second finally. All those in favor signify by saying aye. And opposed? Being none, we will take a very short lunch break and be back here at 1:15. (A lunch break was held.) Item #10A RESOLUTION 96-159 REAPPOINTING AUGUST ROCCO, SR. AND APPOINTING CHARLES METZ TO THE CITY/COUNTY BEACH RENOURISHMENT MAINTENANCE COMHITTEE - ADOPTED (Commissioner Matthews was not present for the following proceedings:) CHAIRPERSON NORRIS: We'll reconvene the county commission meeting. And we are down to the Board of County Commissioners section, item 10(A), appointment of members to City/County Beach Renourishment Maintenance Committee. COMMISSIONER HANCOCK: Mr. Chairman, I -- after reading the summary, I would like to recommend Gus Rocco and Charles Metz. COMMISSIONER CONSTANTINE: Second the motion. Was that a motion? COMMISSIONER HANCOCK: Yes, that's a motion. CHAIRPERSON NORRIS: We have a motion and a second. All those in favor signify by saying aye. Opposed? Item #10B RESOLUTION 96-160 APPOINTING JACK HCKENNA, MARC GERTNER, AND BERNARD WEISS TO THE COUNTY GOVERNMENT PRODUCTIVITY COHMITTEE - ADOPTED The next one is item 10(B), appointment of members to the County Government Productivity Committee. COHMISSIONER CONSTANTINE: I'd like to nominate Bernie Weiss. If you've gone through, he's a pretty impressive guy. COHMISSIONER HANCOCK: Likewise, I -- I've worked with Mr. Gertner and Mr. HcKenna both, and I -- I think the recommendation as presented is good. I do want to point out that there are two vacancies upcoming on this committee. And I think Mr. Paul would be well suited for either of those. But in line with the productivity committee's recommendation, I'm -- I'm comfortable with the three of them. And I believe we'll see Mr. Paul for one of those two remaining vacancies that are coming up. COHMISSIONER MAC'KIE: Second. CHAIRPERSON NORRIS: So we have a -- we have a split motion here. Motion to appoint Jack HcKenna, Mark Gertner, and Bernard Weiss. All those in favor signify by saying aye. And opposed? That passes as well. Public Comment AL PERKINS REGARDING OBTAINING AN INFORMATION CHANNEL TO COMMUNICATE WITH PEOPLE REGARDING ALL FUNCTIONS OF THE COMMUNITY - DISCUSSED And we now start our afternoon agenda. Do we have any public comment, Mr. Dotrill? MR. DORRILL: I just got one. CHAIRPERSON NORRIS: Just got one. MR. DORRILL: Mr. Perkins. MR. PERKINS: Good afternoon, commissioners. COMMISSIONER CONSTANTINE: Good afternoon, A1. CHAIRPERSON NORRIS: Miss Filson, start the time, please. MR. PERKINS: Here we go; right? After the last little episode, maybe we can play it light the rest of the afternoon. Citizens for Constitutional Property Rights and Belle Meade Groups; okay? Three topics basically come up that I wanna speak upon. The landfill committee meeting tomorrow afternoon at four o'clock, you people need to know about this at the Immokalee ag. center on Immokalee Road. This is out at the fairgrounds. The people who have attended the last two public meetings will be there for input against the proposed landfill siting. This is an invitation to everybody in this community to participate and pay attention to what other people have to say, especially our remote cousins out distant Immokalee. By the way, they're totally against it, and it got a little hot and heavy. And poor Bettye Matthews took the heat the other night. Next thing was information. Now, tying this whole thing together, information, both of these meetings which, by the way, I have taped and would be available for any segments or portions thereof; okay? And I'm going to make a point. The meetings that were there and the people who were there -- and believe me, we had a cross segment of every nationality, every race, every religion, every color. It was great. It was one of the few times that I've seen input from everybody in this community. But the big scream was lack of information, lack of communication. They didn't know about these meetings. They didn't know this was happening to them. They didn't know anything about it, and they got nasty with it. Along with that, I have been advocating getting the TV camera in the ceiling over here so that we can see the displays that are put up here and to take and use the camera in the back to get the message out to the people of not only Immokalee and Everglades information. Now, I've said to several of the commissioners, and you people all have heard of the V chip. Well, I want to get rid of the C chip, the Collier chip. I want information out all over this community. Anybody that wants to tune in to this can take and find out what you're doing, how you're doing it, who's doing it, and why and what they're paying for. Now, along with that in 12(C)(2) I see that the -- that the TV people are back again and about the franchising. And Cablevision Industries has upped the price of cablevision in the estates in Golden Gate $2.47 per customer per month. Now, at previous meetings we had they had applied for a $1 per month. This is when Time Warner was getting involved. Now I understand there's somebody else. Anyhow, trying to pull this whole thing together, information, get our own channel, get our own staff to take and do whatever has to be done on a -- on a rotating basis so there's no one individual gets -- catches it but to get the message out about what the functions are going on because we're spending the money, but we're not letting the people know, especially the ones that are affected. Now, the Indians were irate about the whole thing, and so were the Hispanics in Immokalee because they said in essence what -- and I -- I want to try to get this across. They said, why are you picking on me because I'm Mexican, because I'm Hispanic, because I don't speak the language as well as you do, because I'm black, because I'm Haitian, because we live out there and we work the migrant farms and we're in the dirt and we can't make the meetings at four o'clock in the afternoon? And they were very nasty about this whole thing. Now, getting back, they have options to watch the television. They don't read the newspaper. They even mention the bulletin and the Naples Daily Progda. They don't even use it for a fish wrapper, point being let's get the information out for all of the people of this community on all the functions of this community. It can work both ways. It can benefit Lake Avalon for one which I see the advertisement on. It can also benefit what's happening on this community. On channel 54 I've seen most of your faces on there. And it's to the advantage to the people here to know who you are and what you're doing for -- on their behalf. Other than that, I think I've covered it all. Thank you very much. CHAIRPERSON NORRIS: Thank you, Mr. Perkins. MR. DORRILL: You have no others. Item #12B1 ORDINANCE 96-12 RE PETITION PUD-96-2, ALAN D. REYNOLDS, AICP, OF WILSON, MILLER, BARTON & PEEK, INC., REPRESENTING BENEDICT P. MIRALIA, TRUSTEE, REQUESTING A REZONE FROM "C-3" COMMERCIAL INTERMEDIATE DISTRICT TO "PUD" PLANNED UNIT DEVELOPMENT DISTRICT FOR A PROJECT TO BE KNOWN AS "MIRALIA PUD" CONSISTING OF A MIXED USE DEVELOPMENT OF RESIDENTIAL (210 DWELLING UNITS) AND COMMERCIAL (5,500 SQUARE FEET) ON PROPERTY LOCATED ON THE NORTH SIDE OF VANDERBILT BEACH ROAD IMMEDIATELY WEST OF VANDERBILT DRIVE - ADOPTED CHAIRPERSON NORRIS: Okay. We'll move on to 12(B)(1), petition PUD-96-2. Mr. Nino. MR. NINO: For the record, my name is Ron Nino presenting -- of your planning services division section presenting PUD-96-2. I believe you're all very familiar with this property. It was the subject of a recent settlement agreement that you entered into with the owner of the property. COMMISSIONER CONSTANTINE: Mr. Nino, is this ratifying that settlement agreement? MR. NINO: I beg your pardon? COMMISSIONER CONSTANTINE: What you're asking us to do is ratify the settlement agreement? MR. NINO: Yes, exactly. One of the conditions of the settlement agreement were that the owner of the property seek -- seek the appropriate zoning classification to permit the development that is described in the settlement agreement, and that's exactly what this petition's all about. CHAIRPERSON NORRIS: For the benefit of the record, this is something that has already been the subject of a legal proceeding. MR. NINO: That is correct. CHAIRPERSON NORRIS: Okay. Do we have public speakers? MR. DORRILL: No, sir. CHAIRPERSON NORRIS: Question? COHMISSIONER HANCOCK: Mr. Nino, the physical layout of the site, access to the site, are they consistent with what has been approved in the past? MR. NINO: Yes, they are. COHMISSIONER HANCOCK: And are they in your opinion advantageous and in the best interest of the community surrounding the project? MR. NINO: Yes, I do. I believe one -- one entrance would be -- instead of two entrances -- the original plan had two -- had two access points on Vanderbilt Beach Road. The current -- the current plan will only have one, so that's an improvement over the previous approval. So we have one access point on the beach road and one access point on the drive road, and I think they're in appropriate locations. COHMISSIONER HANCOCK: Okay. The access on Vanderbilt Drive, does it line up with 91st? MR. NINO: No, it's south of 91st. CHAIRPERSON NORRIS: That's all. If there's no further questions from the board, I'll close the public hearing. Do we have a motion? COHMISSIONER CONSTANTINE: Motion to approve the item. COMMISSIONER MAC'KIE: Second. CHAIRPERSON NORRIS: We have a motion and a second. All those in favor signify by saying aye. Opposed? There are none. COMMISSIONER CONSTANTINE: Mr. Chairman, appears we may only have four commissioners here for the balance of the day. Do you want to check with any of the petitioners since some of these items require four votes and see if they want to opt for another day? CHAIRPERSON NORRIS: Is Commissioner Matthews not going to make it back? COMMISSIONER CONSTANTINE: I don't know. COMMISSIONER MAC'KIE: Her stuff is down there it looks like. COMMISSIONER HANCOCK: I believe she said she would be late when she left was the comment I heard. CHAIRPERSON NORRIS: If there is any petitioner here present today that would like to delay your hearing when it comes up to be called, we'll -- we'll certainly accommodate you with that if we have less than five commissioners present at that time. Item #12B2 ORDINANCE 96-13 RE PETITION PUD-83-2(2), MR. STEVE BRINKMAN OF THE COLLIER COUNTY PARKS AND RECREATION DEPARTMENT, REQUESTING TO AMEND THE LAKE AVALON PUD DOCUMENT TO DELETE THE RESIDENTIAL USES AND TO AD PUBLIC USES INCLUDING PARK AND RECREATIONAL USES, LIBRARIES, MUSEUMS, WATER SKI FACILITIES AND OTHER GOVERNMENTAL FACILITIES TO THE LIST OF PERMITTED USES FOR PROPERTY LOCATED ON THE SOUTH SIDE OF U.S. 41 AND NORTH SIDE OF OUTER DRIVE - ADOPTED 12(B)(2) is petition PUD-83-2(2). MR. BELLOWS: For the record, Ray Bellows, the current planning staff. This petition seeks to amend the Lake Avalon planned unit development document to delete the residential uses and to add public uses which include park and recreation, libraries, museums, waterski facilities, and other governmental facilities to the list of permitted uses. The subject property is designated mixed use urban coastal fringe which permits these water-related and park and recreational uses. The traffic impact study indicates that the proposed -- proposed amendment will not generate trips that increase the trip generation that's currently approved in the PUD. Collier County Planning Commission recommended approval on May -- on March 7, 1996. Staff hasn't received any letters in opposition. But during the planning commission, several concerns were raised basically concerning noise and landscaping. I think we were able to address most of those concerns. COMMISSIONER CONSTANTINE: The objection again? MR. BELLOWS: Were with landscaping concerns. There was a draft copy of the master plan sent out which is not a finalized version, and some individuals had questions concerning the location, say, of the swimming area. COMMISSIONER CONSTANTINE: Just to clarify, the existing PUD called for -- MR. BELLOWS: Residential uses. COMMISSIONER CONSTANTINE: That would have had how many units? CHAIRPERSON NORRIS: Three sixty-four I believe it was. MR. BELLOWS: Yeah, I think it was three -- three seventy. COMMISSIONER CONSTANTINE: Which can equal seven, eight, nine hundred people? MR. BELLOWS: Yes. CHAIRPERSON NORRIS: If there's no questions, we'll go to the public speakers. Mr. Dorrill? MR. DORRILL: Some of these people may have left. So if -- if you're here and -- and you still wish to speak, if -- if you'd just let me know. Mr. Street and then, Mr. Kratt, are you still here? Okay. Very good. Mr. Street, you'll be first. MR. STREET: Hello. I'm Jeff Street. And I just want to say that all I want to do is help the kids and help the neighborhood in East Naples. And the kids are the foundation of the future, and John Gursoy who is here is establishing the foundation for the Gulf Coast Skimmers. And the Collier County commission, public services, and Collier County parks and rec. are establishing the foundation for Sugden Regional Park. And I would just like to thank the Collier County commission and parks the rec. and public services and the people of Collier County for their vision. And that's all I have to say. Thank you. CHAIRPERSON NORRIS: Thank you, Mr. Street. MR. DORRILL: Mr. Kratt. Mr. Drott apparently has left, but he put a note on his card, says that he's just in support. MR. KRATT: Good afternoon. My name is Joe Kratt. I'd like to express my quest -- questions and concerns. I'm a 24-year resident of Naples. I've lived -- my property abuts the lake property for 20 years. Two of my nephews are presently or were with the Skimmers. I have quite a few concerns as to what's going to happen over there and what is happening. First off, the local residents have little or no idea as to what exactly is going on. Like you said, there was proposed, proposed, proposed. We've seen umpteen things in the paper about it and out there and nothing about what you all are going to do to protect the community around there as it is other than speaking to Mr. Norris and Miss Matthews myself on the phone. I live on a dead-end street. I'm really concerned as to what's going to happen to that dead-end street, whether it's going to become a maintenance access, whether it's going to have any access to the park for the simple reason that it's on the back side of the lake and all I got there -- and I've already had two crack houses on my street and come home one day and they were busting a prostitute in my driveway. The sheriff's department was parking right there. So my concerns are very valid, and I direct these to you, Mr. Norris, especially for one of the comments you made when I did talk to you on the phone. COHMISSIONER HANCOCK: Are you saying these crack houses in some way have something to do with the park? MR. KRATT: Well, I'm just trying to express that that neighborhood -- we've got a number of problems over there. Bayshore Drive is not going to clean up until you help clean up the outlining area of Bayshore Drive. COHMISSIONER HANCOCK: Right, like converting vacant land into a usable park. MR. KRATT: Right. COHMISSIONER HANCOCK: Okay. MR. KRATT: Which is great, which is great, exactly. But by having a dead-end street sitting there where you can go down and park at that -- at that dead-end street and have access into that park where I never see a police car, never, you know, what's going to happen at the end of that street? There's probably 200 foot of street from my house that extends into the park, that, you know, can, you know, can and is been used because I've already taken a baseball bat to protect myself to go down there and chase people out of there from dumping and everything else. COHMISSIONER CONSTANTINE: Your suggestion is that it would be or would not be a good idea to have access to the park from that location? MR. KRATT: Would not be good to have access, and I'm disabled. And I would love to just be able to walk out of my house and walk in that park. But due to what will happen if you have accesses off Jeepers and all these other dead-end streets and you can't police them, you know, we're going to have problems. We're going to have some serious parking problems. CHAIRPERSON NORRIS: Well, excuse me. MR. KRATT: We're going to have some people hanging out. (Commissioner Matthews entered the proceedings.) CHAIRPERSON NORRIS: Well, we have no intention whatsoever of making any of these streets accesses. MR. BELLOWS: That's correct. COHMISSIONER HANCOCK: One access. MR. BELLOWS: The master plan basically iljustrates there's single access into the park, not -- no access via Outer Drive or any other road into the site. Only one single access in. There's an emergency access which is a gate that can be knocked down by emergency vehicles. That's the only one off Outer Drive. MR. DORRILL: Mr. Bellows, this gentleman lives -- if you'll point to those streets in the southwest corner all the way -- go a little bit further west, one more. That's this gentleman's street. MR. KRATT: All the way down there. Right there, that's me. MR. DORRILL: And I think as part of this, the site plan as proposed shows that the right-of-way there is vacated, so you don't -- you don't have a road right-of-way. COHMISSIONER MATTHEWS: Uh-huh. We vacated those. MR. DORRILL: And in addition, the area that would be immediately north of this man's home is proposed to be all part of a conservation grant at the lower -- MR. BELLOWS: Yeah, this area here is a conservation area that's not to be developed in any way for park uses. MR. KRATT: There were several programs or several drawings that showed maybe not drive-in-with-your-car access. I know there's not going to be any roads there. But there's going to be gate access. MR. BELLOWS: Yeah. I think they showed older easements that were platted for the original PUD that are deleted. MR. KRATT: No, these were -- these were like -- COHMISSIONER HANCOCK: The point, Mr. Kratt, the point is there's no access. MR. KRATT: You're not even going to be able to walk in there. COHMISSIONER HANCOCK: It's not over there. It's not on the plan or part of the record. MR. KRATT: There's going to be a fence there. There's going to be a fence there. COHMISSIONER HANCOCK: I don't know if there's a fence or not. There's no access. MR. KRATT: Okay. Well, there would have to be a fence there or there would be access. COHMISSIONER MAC'KIE: I'm -- I'm certainly going to vote for there to be a fence. I hope -- MR. KRATT: Please. Please do. COHMISSIONER MAC'KIE: There should be a fence there. MR. KRATT: We really -- we really need it. Although -- COHMISSIONER MAC'KIE: All the way around. MR. KRATT: -- it will keep me out, but still, you know, we really need a fence. And that way there, that would solve that. Okay. And one of the reasons you were bringing up before about developing, you know, developing it slowly but surely because there's an awful lot of animal life over there and that, plus the privacy. If you just go in there and make it a desert, you know, there could be a problem. And there was also -- it was brought up before about water quality and stuff like that there. Well, I called the health department and environmental health, and I stopped my own family from swimming in there because of the concerns that they expressed. CHAIRPERSON NORRIS: Mr. Kratt, your time is expired. You had some questions from the board members, so I'll allow you a little bit more. MR. KRATT: Well, can you just give me a little second to wrap it all up? CHAIRPERSON NORRIS: Uh-huh. MR. KRATT: We just need to have -- the community needs to have a little more in on what's going on over there. The contract you all signed with the Skimmers allowing them carte blanche seven days a week and everything else, I think that should be re -- or taken a better look in and give us all a little bit of a break on some of the holidays and some of the weekends and that there and take a real good long hard look at -- just like Hiss Matthews said before, it's not happening right now, but it does allow for an awful lot that can and will end up happening. Mark my word. CHAIRPERSON NORRIS: Thank you. MR. DORRILL: Mr. Morgan, are you still with us? If you would please, sir. And then, Mr. Stephenson, you'll follow Mr. Morgan. Go right ahead. MR. MORGAN: My name's Yewart (phonetic) Butch Morgan, and I live the closest to that lake that you can possibly get to the water line. That's right, right there. There's about five or six houses that absolutely our property borders the lake. I'm within 200 feet of the water from my property line. I'm -- I have a lot of concerns. Basically what I'm saying is or asking for is we need as a neighborhood to have a little more input questions and talk to somebody who's doing this planning. You know, I don't want people throwing chicken bones in my backyard, you know, from their picnic area. I live in a two-story house. Your ten-foot fence is not going to allow me any privacy. I'm going to look over that lake, you know. So what they do over there is going to affect my quality of life from now on. So I want to be a good neighbor. I've got things I want to address. I want to address how they're planning on doing the buffer zone. I want to address the noise. I want to address the -- the car access back in there. I don't want some base boom box from a car right in my back door. I want to be a good neighbor here, and I want the lake to be a good neighbor. I want the Skimmers to be a good neighbor. They're -- they've got a contract here that says seven days a week. I gotta wake up every morning and listen to jet skis. I mean, these are some of the concerns that we have as property owners who abut this lake. And I'd like to have a liaison or something to where somebody from our neighborhood or the property owners that come here can have a better access to the planning of this lake. I'd like to do it right the first time. I'd like to see what kind of a program they have for moving some of these shrubs, the density of the picnic tables right behind our house. These are all concerns, and I believe what we need is to have a better access to the planning committee so that we can put -- have more input into it and see what's feasible and what can work for us. COHMISSIONER HANCOCK: Sir, have you or anyone in your neighborhood to your knowledge contacted our staff and asked the questions you just asked? MR. MORGAN: Charlie Stephenson's been up here at the last meeting, and basically now that this is all going ahead, we're just trying to -- we want the park. I'm all for it. I love the Skimmers. But no, we have not, and that's what I'm -- COHMISSIONER HANCOCK: The point I'm making is there are answers to every question you just asked, and our staff has those answers, and they've had them for -- for weeks now. And a phone call to one of our staff members two or three days ago or to Mr. Olliff at parks and rec. would have -- would have provided those answers to you. So I think what you'll see is if after this meeting if you'll give them your name and phone number -- MR. MORGAN: Uh-huh. COHMISSIONER HANCOCK: -- they will contact you or whoever is your community liaison or person you designate for your neighborhood, and the questions you just asked we will get the answers for you because I believe we know it to all of them. MR. MORGAN: Okay. Well, what I'm -- you're saying that they know it. But then again I'm hearing somebody saying this isn't written in stone. This is our basic layout, but we don't know what we're going to do yet. So, I mean, how can they answer those questions? COHMISSIONER HAC'KIE: We want you to be in the loop so MR. MORGAN: Right. COHMISSIONER HAC'KIE: -- what we're hear -- what you're hearing is that we're directing the staff to work with you and -- and also letting you know that they probably would have without your even asking us. They -- they're very cooperative, and they would work with you I think under any circumstances. But we're certainly encouraging them to. They have to do that. MR. MORGAN: Well, that's my point today is -- making is that we want to be recognized. CHAIRPERSON NORRIS: Okay. Let me -- let me clarify something, Mr. Morgan, over here. MR. MORGAN: Oh. CHAIRPERSON NORRIS: Do you have a homeowners' association? MR. MORGAN: No, not on the Lake Avalon itself. CHAIRPERSON NORRIS: All right. Well, then you need to get one. I think it would be very helpful for you to get one because you're -- you're in the position of representing yourself and no one else technically. MR. MORGAN: Yes. CHAIRPERSON NORRIS: And what I would like to suggest to you is that you get the people together, have a little homeowners' association, appoint somebody as the liaison if you'd like to the county, hold your own meetings to discuss what you want, bring it to us, let us know because the last thing we want to do is interfere with your neighborhood. We want to do whatever we can to try to -- to protect your neighborhood and all the neighborhoods around there. And now's a very good time to be doing that because we don't have final plans. Mr. Olliff, when will -- when would you expect to bring us back a final site development plan with -- with a hard proposal? MR. OLLIFF: We're probably talking Hay, June time frame. CHAIRPERSON NORRIS: So you have plenty of time to -- to discuss this with the staff and -- and to get your views known. And if we can, you know, reasonably work it out, we'd be glad to do that. But you need to organize. You need to get yourself a group together because it's not going to be effective if homeowner A says one thing and homeowner B says another, homeowner C says another. We need to have a unified voice from you. MR. MORGAN: I understand that. And we have as neighbors been talking about it, and this is why I'm bringing this up today -- CHAIRPERSON NORRIS: Okay. MR. MORGAN: -- is that we would like to get somebody as a liaison so that we as homeowners -- we're the ones most affected by it. CHAIRPERSON NORRIS: Absolutely. MR. MORGAN: We've got no street, no nothing between us. COHMISSIONER CONSTANTINE: Mr. Olliff, as they assemble their homeowners' group, I assume you'll communicate with Mr. Morgan or with someone? MR. OLLIFF: The other thing that I'd offer is in -- in -- in park designs in the past, we have at -- at certain stages through the design process held public meetings at the -- East Naples Community Park in this case would be a good place to -- to have a public meeting and let the public come and see as we develop so that we're getting their concerns as we're putting the design together. And I think that's what I would propose that we do for this particular park because it is a large project. COHMISSIONER HAC'KIE: It's a huge project, and it's not terribly -- like you say, there aren't a whole lot of organized associations over there. And just for what it's worth, I think you could do a lot toward addressing a lot of these problems, not just Lake Avalon, if you could get some organization of the residents over there. MR. MORGAN: Okay. We will and -- CHAIRPERSON NORRIS: Does this -- does this suggestion meet your approval then? MR. MORGAN: Yes, absolutely. I mean, that's all I want, you know. I want -- I just want to be a good neighbor. I want the park to be a good neighbor. CHAIRPERSON NORRIS: We do too. MR. MORGAN: You know, and that's it. You know, I -- I build docks. I build -- I design them. I estimate them. If the Skimmers need help, they can call on me. I'd be glad to donate some of my time for their effort, you know. CHAIRPERSON NORRIS: Write that down, Mr. Gursoy. You heard that. We got it on the record here. COHMISSIONER HAC'KIE: On the record we got it. MR. MORGAN: Okay? Thank you. COMMISSIONER MAC'KIE: Thank you. MR. DORRILL: Mr. Stephenson, you'll be next and then Miss Delgenio. MS. DELGENIO: I don't want to speak. I just want to support. MR. DORRILL: Thank you. MR. STEPHENSON: Charles Stephenson also of Guilford Road, 3514 Guilford Road, echoing a lot of Mr. Morgan's sentiments on this. And we will get together as a group and come to meet with the people here to make sure we don't have surprises. The biggest thing that has made an impression on me is the surprise that the people got at the Pelican Marsh Elementary School. CHAIRPERSON NORRIS: Absolutely. MR. STEPHENSON: And that's how my house sits on this lake. And if they come in and clear and don't put a buffer or they say they're going to put a fence and there's -- or whatever and it doesn't turn out to be what it was supposed to be, I've got it forever. I -- I live there seven days a week from eight in the morning till sunset and maybe even more depending on how this runs. I just want to make sure that we do get the input so that we can live there. This is my home. It's my backyard right on the back of that lake. There's no road. There's nothing in between it. And I mentioned last time I didn't want picnic tables against my fence. Keep them out of the buffer area that you're planning in there. You know, that's important. I just don't want to have people standing and looking at me like I'm in the fish bowl. And so we will get this all together and meet with you. But, you know, we have to be able to live there. It's just that simple. And that school, elementary school, deal that came about, you know, that's the closest thing that I can think to myself as to what can happen unless we really keep up on this. CHAIRPERSON NORRIS: Thank you. We understand your concerns. And as I pointed out -- and the staff has clearly gotten their direction -- we -- we're going to work with you to try to make sure that -- that whatever you need is going to be provided. That doesn't mean, however, you know, that we're going to take -- you know, that we will go extraordinarily out of our way. MR. STEPHENSON: Well, no. CHAIRPERSON NORRIS: But anything that's reasonable we're certainly willing to do. MR. STEPHENSON: Exactly. My idea for a buffer area, put a fence, the buffer area, and then my fence. There's no reason that the buffer area has to be -- because the kids are naturally going to go to a buffer area. They're going to go into the shrubbery. They're going to go as far as they can. CHAIRPERSON NORRIS: Uh-huh. MR. STEPHENSON: Well, put a fence up and then your buffer area and then my fence is there so I've got 20 foot in between there that is an actual buffer area without people going through the buffer area to my property, things of that nature which I'm sure, you know, that would work out fine. But when I see the fella standing at his swimming pool looking at the desert school there, I get scared. And, you know, I don't wanna have a concrete wall, but I sure don't wanna have what he's got either. CHAIRPERSON NORRIS: Okay. We understand. MR. DORRILL: And -- and for what it's worth, this -- just to recollect the board's -- this is the same or there are members on this board who -- who spent $175,000 in Lely buffering and landscaping a berm at our waste water treatment plant there that was just the opposite, you know. Frankly, it was as a result of people's own ignorance that they bought and moved into and behind a sewage treatment plant. But this -- this board and the prior board I feel have really gone out of their way to try and -- and not do what has happened at that Pelican Marsh School. We have spent extraordinary sums of money buffering and -- and landscaping, and I don't have any reason to believe that we wouldn't here based on the board's prior commitment. CHAIRPERSON NORRIS: Neither do we. Do we have any more speakers? MR. DORRILL: Yes, sir. Mr. and Mrs. Dean Schreiner asked to say they're in support, could not come back after lunch. Chris Depetro or Depetro, Depetro. MR. DEPETRO: Depetro. MR. DORRILL: I'm from Alabama, so that's about as good as you'll get. COHMISSIONER MATTHEWS: Could I ask a question while he's coming up? Mr. Olliff, do we have any estimates on what a fence will cost around the lake? MR. OLLIFF: Yes, ma'am. The preliminary estimates -- and actually John's gotten those for us, and the number I saw was about $60,000, and that was to fence the entire perimeter. It's a large piece of property. COHMISSIONER MATTHEWS: Six, zero. MR. OLLIFF: Six, zero -- COHMISSIONER MATTHEWS: Okay. MR. OLLIFF: -- zero, zero, zero. What -- what -- what we are looking at is to see if there are some places -- there are some places that are basically impenetrable because of the landscaping and maybe doing some things -- they even call it defensive landscaping I think so that you could get by in some areas without having to fence the entire place, but we're gonna look at that and see. COHMISSIONER HANCOCK: Are we talking about a park or a prison here because I've heard fences? CHAIRPERSON NORRIS: Excuse me. We're actually talking about a PUD, so let's -- let's try to stick with that. MR. DEPETRO: Good afternoon. My name is Chris Depetro. I would like to thank all you, Chairman Norris and the rest of the commissioners, for having the vision and foresight to purchase Lake Avalon property and convert it from private use to public use. I'm all for preservation of land and greenery area. And I am definitely for the supporting the rezoning from private use to public use. I see this park as a great family outlet location, great facility for the Gulf Coast Skimmers to run their youth outreach program and reach out to the neighborhood youth that really need the help. The ones that as Mr. Kratt spoke cause problems in the area that he's concerned of, that's what the program's about. And the facilities, the park, allow that vision to go forward. And I just want to thank you all in support of this rezoning effort. Thank you. CHAIRPERSON NORRIS: Okay. MR. DORRILL: Mr. and Ms. Kennedy could not return after lunch. They're in support. Master Kennedy, that would be you, Brandon. MR. KENNEDY: I am Brandon Kennedy. I am here to say that I am in support of the Gulf Coast Skimmers, and I'm sure if anybody has any problems with somebody going through and looking through their fences that somebody -- that you can talk to John, and maybe we can schedule something out. Maybe we can get some nice shrubbery in to look over the fence and so nobody's looking through your houses and stuff. And I just want to say that the Gulf Coast Skimmers is a excellent youth out -- outreach program. I have been in the Gulf Coast Skimmers for two and a half years, and I've made a lot of friends, and I've went -- my grade averages have went up. And if I need help on homework and my parents are at work or something, I can call up John. I can call up anybody else at the Gulf Coast Skimmers. And I want to thank all you commissioners and everybody that has helped us along the way. That's all I have to say. CHAIRPERSON NORRIS: Thank you. MR. DORRILL: Mr. Gutsoy. He's your final speaker, Mr. Chairman. MR. GURSOY: John Gutsoy for the record. Chairman and fellow commissioners, again, we just want to thank you for your vision and your foresight on this, and we look forward to the conclusion of this project occurring with the zoning change and the wonderful aspect and how it's going to benefit that neighborhood. As a resident that's been there for six years, the changes have been phenomenal, and we look forward to that to continue. Thank you. CHAIRPERSON NORRIS: Thank you. Close the public hearing. COMHISSIONER MAC'KIE: Move approval of the PUD. COMHISSIONER HANCOCK: Second. CHAIRPERSON NORRIS: We have a motion and a second for approval. All those in favor signify by saying aye. Opposed? Passes unanimously. Item #12B3 PETITION PUD-89-17(1), ROBERT L. DUANE, AICP, OF HOLE, MONTES, & ASSOCIATES, INC., REPRESENTING JAMES & COMPANY DEVELOPERS, INC., FOR A REZONE FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT FOR THE PURPOSE OF CHANGING THE DEVELOPMENT STRATEGY BY REDUCING THE AMOUNT OF AUTHORIZED COHMERCIAL USES AND INCREASING THE NUMBER OF RESIDENTIAL DWELLING UNITS IN THE NEAPOLITAN PARK PUD LOCATED ON THE NORTH SIDE OF DAVIS BOULEVARD, APPROXIMATELY 600 FEET EAST OF SANTA BARBARAA BOULEVARD - CONTINUED AT THE REQUEST OF THE PETITIONER. PETITON MAY COME BACK WITHIN 4 WEEKS And we'll move on to 12(C)(3), petition PUD-89-17(1). MR. NINO: For record my, name is Ron Nino, your planning service section. I am presenting PUD-89-17(1) which -- which has us revisiting the Neapolitan PUD which was approved back in the -- back in the '89 period. The reason for revisiting the PUD is that the developer of interest has decided that instead of optimizing the hundred and -- 150,000 square feet of offices or motels rooms originally approved in the original PUD, they now have an interest in -- in building multi-family dwellings in lieu thereof and -- COHMISSIONER CONSTANTINE: Mr. Nino, let me -- let me try to cut to the chase here. How has the impact changed as far as transportation and some of the other obvious impacts? MR. NINO: Reduction of 42 percent in average daily traffic. COHMISSIONER CONSTANTINE: And have you had any objections from -- MR. NINO: No objections. Thank you, Commissioner. CHAIRPERSON NORRIS: What's the -- what will be the -- the gross density then? MR. NINO: The gross -- the gross -- the gross density on the residential tract will be 16 units per acre. And we have to appreciate that this is in an activity center. And activity centers provide for up to 16 units per acre for housing in activity centers. And in this case we're really swapping 150,000 square feet of -- of commercial development for the 261 multi-family units which -- which ends up producing, as I said to Commissioner Constantine, a 42 percent less impact in -- in transportation alone. And I suspect that there are equivalent reductions in the -- in the sewer and water consumption and all -- all of the rest of the level of services. CHAIRPERSON NORRIS: Okay. Let me make sure. The -- the -- the total number of units is 261. MR. NINO: Two sixty-one. CHAIRPERSON NORRIS: And there were previously 91 -- MR. NINO: Ninety-one. CHAIRPERSON NORRIS: -- approved, so it's really 170 additional. MR. NINO: Yes, but -- CHAIRPERSON NORRIS: And no commercial. MR. NINO: Correct. No, I'm sorry. There -- there will be -- commercial is on the out parcels. That aspect of this PUD remains the same. There are three out parcels, three out parcels originally that were commercial. They're staying commercial. However, the 150,000 square feet of additional -- of commercial was allocated to this interior parcel together with 91 dwelling units. That 150,000 is coming out of the interior, and the 91 plus another 176 producing 261 dwelling units will go into the interior parcel. That is 16 units per acre, Commissioner. CHAIRPERSON NORRIS: Okay. Thank you. COMMISSIONER HANCOCK: Mr. Nino, in com -- in conversion of commercial zoning per se -- and I assume that's where this density request is -- well, it's actually not coming from. It's coming from the fact it's an activity center. MR. NINO: Yes. COMMISSIONER HANCOCK: It says up to 16 units per acre. MR. NINO: Correct. COMMISSIONER HANCOCK: That's kind of a recognition by previous boards that we'd rather have high density residential than commercial if at all possible. Is that a fair assumption because that's not -- I personally don't feel that way but -- MR. NINO: I would -- I would para -- I would paraphrase that by saying activity centers were always intended to be mixed developments. COMMISSIONER HANCOCK: Uh-huh. MR. NINO: And residential was always a desired element of that. But it was never specified in terms of what the distribution ought to be. This is about the first PUD that I can recall where a major component of the -- of the activity center is going to end up residential. Usually it's the other way around. We get a token bit of residential and -- and 95 percent commercial. COMMISSIONER HANCOCK: And -- and since we have the activity centers in place whether I'm a fan of them or not, I understand that relationship. MR. NINO: Yes, yes. COMMISSIONER HANCOCK: But again, we don't have to -- have to grant 16 units an acre. It's up to 16 units an acre. MR. NINO: That is correct, Commissioner. COHHISSIONER HANCOCK: Okay. MR. NINO: Mr. Duane is here representing the petitioner. COHMISSIONER CONSTANTINE: Just a follow-up to Commissioner Hancock's comment. Mr. Duane, perhaps you can tell us what you envision possibly happening on a property like this where you -- with the up to 16 comment. MR. DUANE: Well, we're in the process of -- of actually permitting that project for 262 units. We submitted our applications to the corps, water management district, and we're here before you for zoning approval today. It will be constructed and soon because my client is in the process of trying to obtain the necessary financing for this project. So this is -- CHAIRPERSON NORRIS: Let me see if I can put out one of my concerns that I've had a number of times in the past, and it applies to this one as well. This PUD was approved in '89 and -- 7 years ago, and nothing's been done. What assurances do we have that with this change that something will be done, or is it going to languish again for another period of -- MR. DUANE: Well, I did the zoning back in 1990, so I'm very familiar with this project. I can tell the board that -- that we have submitted applications to the water management district and the Army Corps of Engineers. This is another one of those affordable housing projects, but we're not coming for you with a density bonus. My client plans on -- on financing this through tax credits. The 16 units per acre is very important to my client. I will assure you that that is the density I need to make this project work. Of course, as Mr. Nino has told you, it is consistent with the comprehensive plan. It's a reduction in density. It gets at a better distribution of land uses throughout the entire activity center. I presume that's why we have a unanimous recommendation of approval from the planning commission and no objections, nor do we have any developed land uses at the present time really around the subject property. It's -- it's primarily vacant lands that we adjoin or abut. COHMISSIONER CONSTANTINE: I tend to agree with Commissioner Hancock's comment earlier, and I'm paraphrasing. So if I change it, you can let me know but that perhaps the assumption was that intensity of residential is better -- and I use that word loosely -- than commercial development. I don't know that I agree with that either. And I think that's what you had said before. COHMISSIONER HAC'KIE: Well, good. That's three if anybody's counting because I don't agree with that either. Forgive the interruption, but I wanted -- COHMISSIONER MATTHEWS: No, that's four. COHMISSIONER MAC'KIE: Okay. EAR. COHMISSIONER CONSTANTINE: And frankly, as far as -- and I realize it's gone through the full public hearing process, and there has been an opportunity to comment. But I suspect there would be some reaction from some of the neighboring residential properties if they were aware of how intensive a product going in. I mean, that's really a moot point here, I understand. MR. DUANE: Well, Commissioner, the northern portion of this project is presently permitted 16 units per acre. This is -- the 91 units are generally in this area right here, you know, so we've got a density of 16 units per acre. And we have three commercial out parcels. All we're doing, you know, is replacing, you know, relatively intensive land use with a continuation of the residential component of the project. COMMISSIONER CONSTANTINE: Or another way to look at is all you're doing is tripling -- roughly tripling the size of that 16-unit-per-acre allowance. MR. DUANE: Well, I -- I'm not sure I -- we're tripling it because we're asking you to fezone eight or nine acres from commercial to residential. I mean, that's what our plan permits. That's the land use that's encouraged in this particular area, and that's what we've relied upon and based our planning upon that. COMMISSIONER HANCOCK: The petitioner is caught here between what the growth management plan has set forth as a -- a policy, if you will, and a -- in essence a change of direction that this board -- I sense this board feels. And I didn't know there were three others on this board that felt the same way. There was a time when we decided commercial was bad and we want to get rid of commercial. And we figured, well, let's offer density bonuses as a way of doing that in the higher density areas, you know, the areas close to activity centers and so forth. And the only incentive here to look at 16 units an acre is, in fact, it's affordable. If you're going to do affordable housing, that's the only incentive I would have personally in just granting 16 because it's allowed in the growth management plan. I would look for some justification as to what is an appropriate density for this parcel, not just the maximum. What assurance do we have if we approve this that this will, in fact, develop as an affordable housing project? MR. DUANE: You only have my assurance today that this project will be financed largely on tax credits. In fact, my client has indicated to me -- and I don't want the board to take -- to take this the wrong way, but -- but my charge today is that if I can't get a density similar to what we're requesting then there will not be an affordable housing project at this location because frankly my client has told me that the numbers will not work. I realize I'm treading on -- on thin ground when I tell you that. I'm trying to be as candid __ COMMISSIONER HANCOCK: I understand. MR. DUANE: -- as I can. I've got a developer that has spent tens of thousands of dollars preparing permit applications with the corps and the district. I've had a planning commission approve the subdivision plot last Thursday. And, of course, the planning commission reviewed the zoning last month. We have been in the planning process, I would say, for the last -- better part of the last nine months on this project. Frankly -- and I -- I didn't anticipate that there would be the concerns today on this project. Perhaps if I'd known so, I might have met with you each individually. I try not to do that with every zoning petition that comes before you. But either rightfully or wrongly we lied -- we relied on this is what the density you can have in an activity center and thought through our reductions in impacts with no objections to this project that we have an appropriate land use. COMMISSIONER CONSTANTINE: I guess I object a little to the fact it's -- the incentive for this development is tax credits as opposed to the current real need for the property. And the current situation, our current needs and merits of that area, seem to be secondary to being able to take advantage of tax credits out there. And I don't know that the current needs and merits of this particular parcel at this particular time really warrant that. So I guess the reasoning behind it is -- and, you know, there's nothing wrong with making a buck. But the reason behind it -- behind the PUD change seems to be it's an opportunity to make a dollar now with a -- pretty much a guaranteed credit for as long as you're going through the tax program instead of doing an honest to God development and -- and the way the PUD that's five years old, six years old calls for, and that's with commercial property and trying to actually earn your own way. So I resent that a little bit. COMMISSIONER MAC'KIE: Can I -- MR. DUANE: Well, I -- I -- I can't apologize for my client taking advantage of tax credits as a -- you know, it's very difficult to finance these apartment-type projects. People rely on these tax credits. The advantage -- and I'm not an expert in the housing area. But the advantage of the community is that -- that in turn for using those tax credits, you know, you establish, you know, a -- certain rental levels which are a percentage of, you know, median family income so you end up with a project presumably that will have rentals that are below market rate. I mean, that -- that's the incentive for people to use this kind of financing. COMMISSIONER CONSTANTINE: Yeah. But in Collier County HUD statistics for median family income is mid forty thousands for a family of four. So to turn that around and say, gosh, we're trying to help the poor -- poor folks in the town, I don't think folks who are making $46,000 a year are the ones who really need. Yet that's who you can put in there under the formula HUD puts out and that these tax credits are put forth. So I -- you know, I can't -- I don't think that's a legitimate argument that you are trying to help the disadvantaged in Collier County. MR. DUANE: No, I just made a statement of fact, Commissioner, that that's what the project is intended for. COMMISSIONER MAC'KIE: My -- my question about this, I -- I like you, Commissioner Hancock, am -- am pleased to hear that there's more than one or two people who think that -- that residential is an ipso facto better than commercial and that maybe we want to -- and I hope that staff is paying attention, you know, as we go through this EAR process that maybe that is a policy that could be addressed by this board and changed. However, I don't -- I don't want to -- I don't want to change it midstream. I don't think that's fair. And if we have existing policies in place that allow this conversion, I don't think it's fair for us to just think it up today and do it to one property owner -- COMMISSIONER CONSTANTINE: No, but there's a difference between -- COMMISSIONER MAC'KIE: -- instead of as a policy. COMMISSIONER CONSTANTINE: I'm sorry. There's a difference between allowing and requiring. And -- and while it may allow this change, it doesn't require this change. COMMISSIONER MAC'KIE: Understood. COMMISSIONER CONSTANTINE: So I think yes, he can make this request under the current thing, but he's not guaranteed that it will be approved. And I think there are enough faults with this that I'm not going to be able to support it anyway. CHAIRPERSON NORRIS: Commissioner Matthews? COHHISSIONER MATTHEWS: Yes. Mr. Duane, you mentioned that the developer wants to do this with affordable housing at -- at what level? I mean, I want to justify 16 units per acre. Is he talking moderate income or low income? MR. DUANE: I'm not -- I don't know the mechanics of the financing of this project other than I understand that that is how it is going to be financed. If the commission wants some more information as to what the rental levels are and some of the specifics that I'm not able to provide you, then I would suggest that we continue this hearing until I can get that information. COHMISSIONER MATTHEWS: I see Mr. Hihalic coming up. Do you know the answer to that, Greg? MR. HIHALIC: I wanted to say that I've never talked to the developer of this project about this being an affordable housing development at all. So -- excuse me. I'm Greg Hihalic, housing and urban improvement. So I don't know what thoughts the developer has in how he's going to develop this project because I have not discussed it with him. COHMISSIONER MAC'KIE: We definitely ought to back up then. COHMISSIONER MATTHEWS: Yeah. I -- I think, you know, for 16 units an acre if it's low income housing, I mean, I can accept that. I may not like it, but I can accept it. But if it's 16 units per acre for moderate income housing which is the wage level Commissioner Constantine was talking about, we're talking what? In the 42, $44,000 a year? MR. HIHALIC: Well, again, not speaking to the developer, I can only guess what he's -- COHMISSIONER MATTHEWS: Yeah. MR. HIHALIC: -- going to develop. However, he could have as little as 20 percent of this development being affordable housing and still get tax credits and maybe some bond financing. But I really can't speak to what the developer has in mind because I have not talked to the developer to the best of my knowledge. CHAIRPERSON NORRIS: Perhaps the developer can speak for himself in this case. COHMISSIONER CONSTANTINE: And again, I suspect, you know, they're not doing it out of the goodness of their heart so -- COHMISSIONER MAC'KIE: We don't mind that. COHMISSIONER MATTHEWS: Well -- COHMISSIONER MAC'KIE: We respect their -- COHMISSIONER CONSTANTINE: No, there's nothing wrong with that. COMMISSIONER MAC'KIE: No. COMMISSIONER MATTHEWS: We -- we all work in this world or most of us do to earn a living. COMMISSIONER MAC'KIE: We respect the right to make a buck. COMMISSIONER CONSTANTINE: But don't use the helping out the human condition as an argument in favor of the project if the actual motive is to make a buck. And there's -- there's nothing wrong with making a buck. Just don't tell me one thing and do another. COHHISSIONER HANCOCK: Okay. Here's where I'm coming from, and whether this is heard or not is probably irrelevant. Where I'm coming from is up to 16 units an acre in an activity center means that there has to be a compelling reason to reach the maximum. It's not just a given. And I think everyone in -- in the planning side in Collier County understands that up to means just that. And in order for me to feel comfortable with 16 units an acre which on this thing produces a net density of 17, almost 18 units an acre by the time you take the lake and the preserve out, this area's become density corridor. We've had affordable housing projects on Davis and Radio that have come in for requests and approvals. So I think we do have to be a little concerned about the continuing added density along this corridor. So I'm looking for a compelling reason for 16 units an acre. If I don't see a compelling reason beyond it's in the growth management plan that you can request up to that, I for one am not comfortable with the net density in the location on this particular project. And if that statement means that you want to either withdraw your application or continue it until you can in some way educate me to show me the benefit to the community or the -- or the -- the reason why this should be approved, from what's been presented, I'm not compelled to grant 16 units an acre on that piece. I don't see it's worth the elimination of the 150,000 commercial because residential does produce a strain on the system that commercial doesn't. When you start talking about facilities, you start talking about provision of services, it's more than just traffic. And we keep looking at what the traffic difference is. What about the other differences? What about, you know, if we're -- people are -- and I mentioned to Commissioner Matthews, people are going to go to the grocery store. The question's which one. But every time we add a unit in this county, we're adding people that go to the grocery store. So, you know, there's -- there's a difference there that I need to see a more compelling reason for 16 units an acre than what's been presented today. Otherwise my feeling is, is it worth the conversion of commercial zoning to add density? Somewhat, but in this case not at 16 units an acre. And I -- I just feel, again, if we're being candid, that's where I sit. MR. DUANE: Yeah, and let me just try to respond to the justifications. I'm adjacent to 20 acres of commercial land use which is going to be a shopping center which is located immediately to the west of the subject property, so I'm going to be adjacent to a shopping center. I've got an institutional land use to the east of me, you know. So I'm in between two, if you will, two non-residential land uses. I mean, that is -- you know, in my mind when you combine the fact that the northern portion of this property already has almost 100 units and -- and that density was derived also based on the 16 units per acre, I'm talking about the piece in between that has non-residential land uses on both sides and residential land use at 16 units per acre on the northern portion of this. So by my way of thinking you can't get more compatible than that from a land use perspective. COMMISSIONER CONSTANTINE: Let me just make sure I understand what you said. Having 291 rental units in between 2 shopping centers is a picture of compatibility? MR. DUANE: No, I have an institutional land use that's located to the -- to the east of me. That's the -- the parcel immediately to the east. I have a -- a shopping center, the Shops of Santa Barbara, that is located immediately to the west. I've established on my master plan -- as was encouraged by the growth management plan, we've -- we've -- have an interconnection to our shopping center next -- next door so people -- the residential component of the project can get into the shopping center. And -- and the same provision was made in the Shops of Santa Barbara to accommodate this traffic through a reset -- a strip that was reserved along the northern end of the shopping center component of the property. So my way of thinking putting residential, you know, relatively high density albeit, you know, next to commercial providing an interconnection to it, having a relatively benign land use to the west which is an institutional use that was approved for a church, you know, when you look at the overall distribution of land uses, I think that's good planning. And again, we have almost 100 units that's approved on this portion of the project. And I'm -- I'm basically trying to treat this portion of the project the same as the residential component that was a -- previously approved in 1990. So I don't know that I can give you more compelling justification other than the justification that's been provided by your growth management staff which they believe to be in compliance with your plan. CHAIRPERSON NORRIS: Let me -- let me first thank you for pointing out to us here today that it's an affordable housing complex because I don't -- if it's in our material, I missed it. MR. DUANE: No. CHAIRPERSON NORRIS: And the staff may not be aware of it either. MR. DUANE: No. And frankly we were not here asking for any affordable housing density bonuses. CHAIRPERSON NORRIS: But, see, it's important because there's -- there's a big difference between 16 units an acre of market rate apartments which you have to compete in the marketplace for and affordable housing units which are generally maybe two-thirds the square footage size-wise as a general rule. And the -- the type of -- of units that you're then asking for, as was pointed out here, there are or have been already multiple projects put in along this corridor. And, you know, that causes me some concern because for one thing, our growth management plan is supposed to provide that affordable housing is distributed more equitably throughout the county as we were talking about last week. And the other thing is simply that we constantly hear complaints of cjustering, if you will, this type of housing out in one locality. So having it being presented as market rate is one thing and affordable housing type units is another irrespective of where the financing comes from. MR. DUANE: Yeah, and I wasn't trying to hide anything from the commission. CHAIRPERSON NORRIS: Oh, I understand. That's why -- MR. DUANE: But frankly, I -- I -- I hadn't -- I -- I -- I hadn't anticipated this discussion today. That's my problem, not yours obviously because I'm sitting in the cat bird seat here now. But if the size of the units and the rental rates that are going to, you know, be charged or -- or -- or passed onto the, you know, tenters is information that you think -- that you believe would help aid in your decision, I would like to continue that hearing so I can get that information to you, today's hearing. COMMISSIONER CONSTANTINE: Well, I think those are part of the concerns. Mr. Mihalic, what -- what section -- I'm trying to remember, but we had elongated discussion last week on the one particular section that dealt with equally distributed or -- MR. MIHALIC: Section 1.4.1, Commissioner -- COMHISSIONER CONSTANTINE: Thank you. MR. MIHALIC: -- I believe to the best of my knowledge which talks about equitable distribution throughout the county. COMHISSIONER CONSTANTINE: And -- and I think Commissioner Norris's point is well taken there. And when Mr. Mihalic says that it could be as few as 20 percent of these to -- to actually still qualify for tax credits, that means out of 261 it may be 48 of those units are actually affordable. There's -- it's very vague. But I think the -- it's a valid concern that, as you said, it's turning into affordable row there up and down Davis and Radio. CHAIRPERSON NORRIS: You said that. COMHISSIONER HANCOCK: No, I said that. CHAIRPERSON NORRIS: Oh, he said that. He said that. COMMISSIONER CONSTANTINE: Well, several people have said it now. And I do think that goes in the face of 1.4.1 that we had our little discussion on last week at the EAR. And that in particular is of concern to me along with some of the other things that were outlined. And I guess I disagree. When you say you're trying to be compatible with the 91 units that were approved in the original PUD in 1990 and simply extend that or expand that, I think actually you're trying to triple a very intense residential use there on that property. And -- and I like to think that our predecessors on the BCC had some wisdom and had some reason why they went ahead with what they went ahead with six years ago, five years ago. And so I'm not immediately inclined to just automatically jump over and say, well, let's triple the number of residential uses in a very, very intense -- and I think you a moment ago said, well, albeit moderately intense. And I don't know of anything too much more intense than 16 or a net of 18 or 20 units per acre. MR. DUANE: Well, I've got -- in fact, the other side of the institutional use that I spoke of to the west of us is Wild -- Wild Wood, and that's developed at a -- at a similar density if I'm not mistaken, about 16 units per acre. I -- I don't know if that answers your question or not. But there's been other intensity levels in this vicinity, you know, established that approach that which was part of what the staff reviewed when they analyzed this petition. COMHISSIONER CONSTANTINE: Which, again, I think teenforces my point that we don't want to have just a row of very intense uses. We don't want to just have a row of affordable houses all stuck in one section of town. It does fly in the face of the section that says it will be equitably distributed. MR. DUANE: Well, let me -- without being facetious, what does the commission have in mind as -- as to what is a reasonable use for, you know, this particular component of the project? I'm talking about, you know, that portion between my 16 units per acre in the northern portion and that commercial along Davis Boulevard. COMHISSIONER CONSTANTINE: Well, I don't think that's our job. And more importantly, there is an existing PUD. COHHISSIONER HANCOCK: If I may, Mr. Duane was kind of heading down the road that I had requested. If we're going to look at a maximum density allowed in this county for this type of zoning, there needs to be justification. And you were somewhat going down that road, but you lost me at a certain point. The Shops of Santa Barbara which are permitted but not built -- MR. DUANE: It has a preliminary plat that has since expired, and it's zoned for several hundred thousand feet of commercial development. COHMISSIONER HANCOCK: Commercial PUD, typically C-3 type uses. MR. DUANE: Right. COHMISSIONER HANCOCK: On the other side you have a church. MR. DUANE: That is correct. COHMISSIONER HANCOCK: To the north, what is to the north? Is it just ag. zoned? MR. DUANE: It's ag. -- it's ag. zoned land. COHMISSIONER HANCOCK: Okay. MR. DUANE: I understand that -- well, I've -- I've -- I've heard some secondhand things about what their intentions -- COHMISSIONER HANCOCK: Okay. MR. DUANE: -- may be but -- COHMISSIONER HANCOCK: But you -- you've kind of hit on something, and I understand that down the road there may be other uses, and that actually works against your case based on what Commissioner Constantine said. If there are higher density projects around it -- MR. DUANE: One. COHMISSIONER HANCOCK: One, okay -- then we want to avoid developing a high density center in that area. But the transition that we're talking about from commercial to a church -- and you used institutional. I was trying to find out what that was. From commercial to a church, to me 16 units an acre is just a half notch below commercial use. A church is significantly below a commercial use when we're talking about land use types. So if we're talking about a transition, I put 16 right up here next to commercial and well above the intensity of a church. So when you say what does the commission have in mind, I agree with Commissioner Constantine. It's not our job to tell you what -- you know, what -- well, I guess in a way the voters do ask us to tell you what we want to see there. And what you're hearing is I don't think we want to see 16 units an acre. COHMISSIONER CONSTANTINE: And I'd say the board told them in 1990 what was a reasonable use there when that -- when that PUD was approved. COHMISSIONER HANCOCK: And if you're going to convert it to residential zoning, I'm looking for that transition between C-3 type uses and a church, and I'm not seeing 16 units an acre. I'm seeing something around 12 units an acre or maybe 10 units an acre as a transition from one to the other. And I think that's what -- when we talk about transitional zoning, the goal is to strike somewhere in between the two intensities. And I think at 16 units an acre we're above what I would call a transitional zoning from a C-3 use to a church. And, you know, maybe it won't have a negative impact on the church, but I think throughout the community that's what we're looking for when we talk about transitional zoning. So I guess, you know, you were heading down that road. And had that been an approved commercial development on the other side, I would have every reason then to support 16 units an acre because you are sandwiched between two high intensities uses. But you're not. You have high intensity on one side that you need to buffer from, but you have a low intensity on the other. So I'm looking for something more transitional than 16 units an acre as a land use. And that -- to be honest, that's where I'm coming from at this point. MR. DUANE: And I don't think this will help me, but I -- I think you can appreciate, you know, my dilemma. You know, I've got a plan that en -- it says up to 16 units per acre. COMMISSIONER HANCOCK: Uh-huh. MR. DUANE: But if our higher density development is to go in these activity centers, by virtue of that, all the adjacent land uses are going to be lower intensity; okay? COMMISSIONER HANCOCK: Uh-huh. MR. DUANE: And I guess I'm at odds as to how I advise a client or how I proceed through the planning process because I've got a plan on one hand that tells me I can have up to 16 units per acre, and I'm in a discussion right now where I'm not sure, you know, what the density that the board may approve. It just puts me and my client that certainly he proceeded at his own risk to make applications for permits. But we're at this point in the process where either rightly or wrongly I didn't anticipate having this kind of a -- of a discussion today because I thought this was the most appropriate location for this kind of a land use. CHAIRPERSON NORRIS: I believe we're getting repetitive in our discussions here. Mr. Mihalic, do you have -- MR. MIHALIC: Commissioners, I would just like to say that I like to know about affordable housing developments before they come to the board. And I would like to talk to this developer and say that I want some very low income units in this development. At least 20 percent of the units I would like to be very low income to try to deal with the lower income ranges of working households that we see. And I've never spoken to this developer about this development. CHAIRPERSON NORRIS: Thank you. Okay. Mr. Dotrill, there are no public speakers? COMMISSIONER MAC'KIE: So he don't have a plan, but he does. MR. DUANE: Well, I would -- I would like to continue today's hearing if for no other reason to try to get the information to your housing and urban improvement director, give him some more information about what the rental rates are, what percent is going to be affordable, moderate, et cetera. I realize that may or may not change the disposition of the board. But I'd like to at least keep the window open to see if what I can provide you is of any use to you. CHAIRPERSON NORRIS: I think I'm hearing the board members say that this proposal in its current form no matter -- I think we're saying we know enough information about the current proposal not to support it and, therefore, don't feel any reason to continue it. Is that what I'm hearing from -- from the board? COMMISSIONER HANCOCK: My -- my personal feeling is that you would have to be dramatically devoted to very low income housing to look at 16 units an acre here and -- CHAIRPERSON NORRIS: Next to Countryside? COMMISSIONER HANCOCK: And -- and even at that, we have to then consider where it's being put. So unless you're willing to look at a density of 12 units an acre which I feel is transitional in nature for this parcel, I don't see any reason to continue the item. COHMISSIONER CONSTANTINE: Mr. Chairman, if you'll close the public hearing -- CHAIRPERSON NORRIS: Close the public hearing. COHMISSIONER CONSTANTINE: -- I'll make a motion to deny the petition PUD-89-17, sub 1. COHMISSIONER HANCOCK: Second. MR. DUANE: Do I have an opportunity to discuss this? COHMISSIONER HANCOCK: But I did -- I did -- MR. DUANE: I -- I am requesting a continuance to see if any additional density below 16 is acceptable to my client. I was led to believe it was not, but I would at least like to have the opportunity to discuss this with him before we deny the project. COHMISSIONER HAC'KIE: What's -- what's -- what's the harm if we -- if we continue this if -- I mean, what -- what's the harm? COHMISSIONER CONSTANTINE: The -- the harm is -- CHAIRPERSON NORRIS: Objection runs more to the -- the aspect of affordable housing in this particular location than it does to the density itself per se. COHMISSIONER CONSTANTINE: And I agree. The harm is it's a moot point because in my eyes it is in conflict with 1.4.1 which doesn't have anything to do with whether it's 16 or 12. COHMISSIONER HANCOCK: And in fairness, though, for now I feel the need to withdraw my second because I did tell Mr. Duane before the public hearing was closed that if this were at 12 units an acre I would have reason to consider it regardless of whether it's affordable or not because to me that's a fair transitional zoning for that parcel understanding the uses and where it's located. I'm only one of five. But that -- that's my -- my feeling. COHMISSIONER CONSTANTINE: I need to clarify one comment Mr. Duane said then because he indicated there was only one other bordering intense use, and that's not accurate. There are three. Santa Barbara Landings is one. There's one being moved ahead right now in Plantation that's already got the zoning approved. And then there's Wild Wood. So this is actually the fourth potential intense residential even at 12 that goes in that area. So I think there's -- that further buffers -- buffets the argument that it's not appropriate. But again, I go back. My argument isn't even just the intensity issue. It's this goes against our own comprehensive plan, 1.4.1, where we say it will be equitably distributed. And this is turning into affordable row. Up and down Davis and Radio Road are boom, boom, boom. It's probably six or seven existing. CHAIRPERSON NORRIS: Osprey Landings right down the street. COHMISSIONER CONSTANTINE: Osprey Landing. There's two on Radio Road. Plantation will be the third. Santa Barbara Landings exists, Wild Wood now. This would be number seven. COHMISSIONER HAC'KIE: So -- but this -- sorry. COHMISSIONER CONSTANTINE: That is nowhere close to being equitably distributed. COHMISSIONER HAC'KIE: Sorry. COHMISSIONER CONSTANTINE: Sorry. COHMISSIONER HAC'KIE: No. My -- my question is just what's to be harmed by leaving this open. They can always withdraw it. I think it's pretty clear what it is the will of this board will be. MR. DUANE: And I may not be back. COHMISSIONER HAC'KIE: Hay not be back. But why -- why not leave it open and let them see if they can bring something back. What do we have to gain by shooting them down except for that they can't come back for six months? Why not leave it open. If they have something they can bring back, they bring it back. If they don't, it goes away. COHMISSIONER HANCOCK: I -- I personally because of the statement I -- I issued -- and I don't disagree with you on the affordable. But I think we may have difficulty, and Mr. Weigel would probably help me on this. But if we -- well, actually you're citing a policy, so you're -- you're fairly safe there. COHMISSIONER CONSTANTINE: Citing a policy that's up -- been upheld in court cases. We have successfully used that. COHMISSIONER HANCOCK: Well -- CHAIRPERSON NORRIS: Mr. Weigel, did you have something you wanted to add here? MR. WEIGEL: No. It's just that the statements that you're making such as Mr. Constantine's making would need to be recited in the actual action that you take if you go along that direction. CHAIRPERSON NORRIS: As our official legal findings? MR. WEIGEL: As your findings so you can create the record appropriate. CHAIRPERSON NORRIS: Is -- is your proposal, Mr. Duane -- I'm granting you some leniency here because you have some concerns even though I've already closed the public hearing. Is your proposal to dramatically alter this and -- and to move into something other than affordable housing and that's why you want a continuance? MR. DUANE: If I come back before this board, it will not be for the proposal I presented to you today. That is obvious. CHAIRPERSON NORRIS: Will it contain affordable housing? MR. DUANE: I need to see whether a lower density is one of any interest to my client. And two, I want to try to get some more information of what benefits there may be to this project if it is approved from the standpoint affordability so I can address some of the other issues you raised today. COHMISSIONER CONSTANTINE: Well, I've got to assume it's going to include affordable housing because that's what the tax credits are based on. So if you take that element out, he no longer gets the tax credits which means it's no longer a viable project as it is currently presented. Is that a fair statement? MR. DUANE: I -- I understand that he was going to use tax credits which would result in rentals less than -- than the market rate. I -- I -- I don't know how to respond to you any different than that. I just would appreciate -- I would just appreciate a continuation so I can address some of these issues today. CHAIRPERSON NORRIS: Well, look, I -- COHMISSIONER HAC'KIE: There's not a second on the -- CHAIRPERSON NORRIS: Excuse me. COHMISSIONER HAC'KIE: I'm sorry. CHAIRPERSON NORRIS: I'll second the motion to get it on the floor. But -- but I would be willing to consider a continuance if I can have an answer to the question would it do any good -- will this come back with affordable housing as a component, or will it not? If we can answer that, then we'll consider a continuance. I'll reopen the public hearing. Please identify yourself. MR. ZIMMERMAN: Commissioners, my name is Howard Zimmerman, and I didn't come today prepared to address you. I came as an observer. Let me tell you that I'm part of the development team that proposes to do the project, and I -- my role in the project was not to determine number of units, how they were going to be financed, and how they're not going to be financed. My role is more of the getting the job done. CHAIRPERSON NORRIS: Uh-huh. MR. ZIMMERMAN: But let me say this to you: That I've been through this process for some 25 years. I understand what happens at commission levels. I understand concerns, and I understand criteria change and policy changes. I would like to ask, as the discussion was going, for a continuation. I will go back to the principals of the -- of the development team, express what I've heard here today, say to them what I've heard you say, and find out from them if coming back with a non-affordable housing at a lower density is in the cards and if the owner of the property will work with the development team to make this project viable at that level. If it won't work at that level, then we will withdraw the application, and we will not be back before you. But we would like the opportunity to deal with those concerns that we've heard you express. CHAIRPERSON NORRIS: Okay. COMMISSIONER CONSTANTINE: Will you agree, Mr. Duane, not to return if it's an affordable housing component? And the reason I ask that is it takes four votes to get that approval, and it appears you have at least two who are questioning whether it meets 1-4-1 of our policy. And so, I mean, if you're going to bring something different back, there's no need for you to wait six months to do that. But if you're going to bring back 1.4.1, then let's -- I mean, if you're gonna bring back affordable housing which relates to 1.4.1, let's go ahead and -- and deal with that today because it's not so much the number of units there as it is dealing with that issue. And I can deal with that today regardless whether it's 12 or 14 or 16. MR. DUANE: Okay. Well, we will not bring an affordable housing component back to you if that's what your desire is. CHAIRPERSON NORRIS: Okay. That's fine, and we'll accept that as -- as your commitment and would like to point out that if you do come back with a proposal, one of the commitments that I will ask for will be a PUD notation that affordable housing will not be a component. MR. DUANE: Okay. CHAIRPERSON NORRIS: Okay. MR. WEIGEL: For the record then, it should be clear that if Mr. Duane and petitioner are coming back, it would either be a date certain within the current advertised period, or there will be readvertisement or that it's actually being withdrawn at this time. CHAIRPERSON NORRIS: Okay. What -- how long would they have to get back within the current advertised period? MR. WEIGEL: I think this is the first advertised date, so they've got up to five weeks from now to bring it back, but it should be told the dates -- CHAIRPERSON NORRIS: Do they have to re-go through the planning commission? MR. WEIGEL: I -- no, they don't have to. It really doesn't have to do with the weeks. But no, they don't necessarily have to go through the planning commission. CHAIRPERSON NORRIS: Is five weeks acceptable? MR. DUANE: Yes, sir. CHAIRPERSON NORRIS: Okay. COMMISSIONER CONSTANTINE: In the event that it goes longer than five weeks, who -- who picks up the tab for readvertising? MR. WEIGEL: Well, unless it's stated on the record, it would be the petitioner's requirement. But as I understand it then, five weeks from today's date is the date that's being suggested to bring it back, and the record will reflect that. CHAIRPERSON NORRIS: Okay? Would you withdraw your motion? COMHISSIONER CONSTANTINE: I'll withdraw my motion as long as we set that date certain because I'm going to notify a few folks of this as well. So we'll set it date certain for five weeks. I'll make a -- I'll withdraw my initial motion and make a motion we continue this item for five weeks. COMHISSIONER HANCOCK: Second. MR. DUANE: Thank you. COMMISSIONER CONSTANTINE: Put it on my calendar, please. CHAIRPERSON NORRIS: We have a motion and a second. All those in favor signify by saying aye. That is continued then for a five-week period. Item #12C1 ORDINANCE 96-14 INCREASING THE NUMBER OF MEMBERS ON THE COUNCIL OF ECONOMIC ADVISORS - ADOPTED WITH CHANGE Next item is 12(C)(1), public hearing for board of commissioners to discuss and approve an ordinance to increase the number of members on the Council of Economic Advisors. MR. MIHALIC: Good afternoon, commissioners. For the record, Greg Mihalic, director of housing and urban improvement. And on January 16 during the annual report of the Council of Economic Advisors, Mr. Jim Loskel, the chairman of that council, came before you and discussed the need to increase the number of members on the council from 12 to 18. This specifically allows some expertise to be appointed to the council in the areas of healthcare, agriculture, education, hospitality, manufacturing, and international business. This ordinance reflects those recommendations made by Chairman Loskel. I would like to point out that we do have a change on page 6 of your stamped agenda, numbered page 6, in the effective date language of this ordinance. The new language will read, this ordinance shall become effective upon filing with the Secretary of State, period. And there's been an inserted page in the original copy reflecting that. Mr. Loskel was out of town. He would have liked to be here today, but it was impossible for him. I'd be happy to answer any questions. MR. DORRILL: We have no other speakers. CHAIRPERSON NORRIS: Close the public hearing. COHMISSIONER CONSTANTINE: Motion to approve the item. COHMISSIONER HAC'KIE: Second. CHAIRPERSON NORRIS: We have a motion and a second. All those in favor signify by saying aye. MR. HIHALIC: Thank you, commissioners. CHAIRPERSON NORRIS: Opposed? No one's opposed to that one. Item #12C2 ORDINANCE 96-15 AMENDING COLLIER COUNTY ORDINANCE 88-90, AS AMENDED, RELATING TO THE COLLIER COUNTY CABLE TELEVISION FRANCHISE ORDINANCE, AMENDING FRANCHISE PROVISIONS, MODIFYING INSURANCE PROVISIONS, AND AMENDING BONDING PROVISIONS - ADOPTED AS AMENDED 12(C)(2), recommendation to adopt an ordinance amending Collier County ordinance number 88-90 dealing with Collier County's cable television franchise ordinance. MR. DORRILL: Mr. Chairman, while they're coming forward, I'd like to just for those of you who -- who do not know, I'd like to introduce to you Jean Herritt who's doing some work on your staff and also in the audience Mary Lobisco who is doing some part-time work and at least tell you that we have some amazing talent that has come our way recently to help with utility rate and franchise administration matters. And I don't mind at least embarrassing them briefly to let you know that Ms. Herritt is a former deputy secretary of state for the state of Indiana now living in Collier County. And Ms. Lobisco is former chief of staff to three or four United States congressman all from the Grand Rapids, Michigan, district but both of whom are now active and involved as temporary part-time employees of -- of yours pending the creation of this new utility rate regulation department. But we're delighted to have them. I just want to introduce them to you today. CHAIRPERSON NORRIS: Thank you. MS. HERRITT: Thank you very much. Hay I please for the first and last time correct the county manager. It was the state of Illinois. However -- MR. DORRILL: Excuse me. MS. HERRITT: -- I also have been spent most of my career in the state of Indiana as the commissioner of the department of human services and the associate superintendent of public construction. But I am very glad to be here. Thank you very much for that fine introduction. And because I've only been here one week, the amendment to the ordinance will be discussed by Heidi Ashton. Thank you. MS. ASHTON: Good afternoon, commissioners. This ordinance amendment was directed by the commissioners in a -- on a consent agenda item a couple months ago. The majority of changes are to improve our ordinance. As we went through the Marco Island Cable application process, some of these amendments were developed at that time. In addition, we've provided a couple other amendments that are a result of the cable litigation. I can go through each of the amendments if you'd like. One additional amendment I'd like to point out was requested by the cable committee to the county manager, and that is amendment to the gross revenues provision. Currently gross revenues are collected in March of each year as an estimate of the fees, and then at the end of the year there's a -- an audit, and then the cable operators settle with the county if there's been an underpayment made. COHHISSIONER CONSTANTINE: Mr. Chairman, I don't know if you want to go through all 12 of these. I have a question on one specifically. CHAIRPERSON NORRIS: Okay. Please ask it. COHMISSIONER CONSTANTINE: On item 7 it says, the county manager's time to review the application which is currently 90 days may be extended upon request by the county manager. Request to whom by whom? It just seems like the county manager's office is the one reviewing it, and they can say, gosh, we need extra time and indefinitely continue that. And I don't know that that makes a whole lot of sense. MS. ASHTON: I think the idea is that that would go on consent indicating to the board that additional time is needed for the review. And that's something that was developed probably a year ago by the cable committee and as a -- as a result of the processing of the Marco Island Cable application. COHMISSIONER CONSTANTINE: So the request then would be to the board of commissioners? MS. ASHTON: Yes. CHAIRPERSON NORRIS: Oh, okay. That solves that problem. MS. ASHTON: I can clarify that in the ordinance. CHAIRPERSON NORRIS: Do we have any questions on any other of the items? COHMISSIONER CONSTANTINE: Does item 13 mandate we all get these neat little gavel pencils? MS. ASHTON: I'm sorry? COHMISSIONER CONSTANTINE: No. COMMISSIONER MAC'KIE: Just kidding. MR. DORRILL: You have two speakers, Mr. Chairman. COMMISSIONER MAC'KIE: And when do we get a shot at this agreement in whole? At the renewal? When is that? MR. DORRILL: '98? COMMISSIONER CONSTANTINE: Next year. COMMISSIONER MATTHEWS: Seven, isn't it? COMMISSIONER MAC'KIE: Good. Can't wait. CHAIRPERSON NORRIS: Would you call the public speakers? MR. DORRILL: Mr. Fuchs, and then following Mr. Fuchs is Mr. Gaston. Mr. Gaston, if you'd stand by, please. MR. FUCHS: Good afternoon. Ken Fuchs, district manager, Continental Cablevision. Thank you for allowing me to speak today. There have been a significant amount of changes, modifications, additions, and evolutionary processi (sic), if you will, to the telecommunications world from a regulatory perspective. And we are pleased to bring many of these technical advances right here home to Collier County. Items that have been modified of late are the telecommunications act of 1996, something known as the social contract, and also some changes in our industry when it comes to ownership. And if I may just take a moment, please, the telecommunications act of 1996 opens a tremendous amount of opportunities for telecommunications providers to expand service offerings as well as enter each other's businesses if you will. It also al -- creates a pathway for deregulation of our industry. And that deregulation is scheduled to come to a cl -- that regulatory window, if you will, will be for the most part coming to a close in the year 2000. A special agreement which has been reached known as a social contract was reached with Continental Cablevision and the Federal Communications Commission in October of 1995. And it offers a variety of -- of opportunities. And you are currently now in a 45-day window for comment and consideration of certain aspects of that social contract. In short, Continental Cablevision is -- is -- is now committed to invest millions of dollars right here in southwest Florida increasing the num -- the channel capacity of its cable system to 112 channels. We'll also be stabilizing our rates and creating a rate structure in which our customers will know between now and the year 2000 precisely what their rates will be. There will no longer be a question as to from a year-to-year basis what our customers' rates will be. Additionally, the eight channel a la carte offerings that we have have been modified by the FCC and will be reduced to four. And four a la carte services that are in our cable plus tier will be migrated, if you will, to a -- cable plus service offerings. From a rate perspective, there are several -- several items that are taking place. Number one, there will be a rate reduction taking place in the fourth quarter of this year. Coinciding with that rate reduction, there will also be an opportunity for Continental to modify its rates upward to for all intents and puts -- for all intents of purposes nullify the rate -- that particular rate reduction, again, in concert with the social contract as well as the beginning in August or September of 1996 with a credit program which should last approximately one year and for qualified customers be receiving -- each customer on a monthly basis will be receiving a credit of about a dollar a month for ten months. The credit program that was going to be introduced here in southwest Florida equals to and is approximately $500,000 in credits to qualified customers. The -- additionally, we have a commitment to offer cable television service free of charge to our public schools as well as offer at no charge to schools Internet access through cable modems. And as soon as we offer that product, that service, to our -- to our community, from a retail basis we will be offering it to our -- all of our public schools within our service area at no charge. With respect to the modification of ordinance eighty-eight ninety specifically, there are some items that I would like to bring to your attention. Number one is this particular -- these adjustments that are being considered do not affect your incumbent cable operators and Continental inclusive. Section 4 of the amendment has language that speaks specifically to the review of finances. Section 3 -- excuse me, 3 dot 3-J discusses portions of the ordinance where a review process is -- is con -- is considered. And section 3 dot 11 also talks about franchise fee payments and the calendar thereto. We find that the -- the modifications to the franchise fee area is extremely burdensome. And, quite frankly, with today's software package, we do not have the ability to account for our franchise fee payments on a monthly basis and account for that. It is extremely burdensome, and we look forward to discussing these items with your staff through the renewal process. CHAIRPERSON NORRIS: Thank you. MR. FUCHS: And would like to reserve an opportunity to comment after the next speaker speaks. Thank you. CHAIRPERSON NORRIS: I don't think we have that procedure. Next public speaker, please. MR. DORRILL: Mr. Gaston. Mr. -- Mr. Fuchs had asked me that if Mr. Gaston poses some particular questions of him would he have the opportunity to come back. And I told him that -- that he would but at the discretion of the chairman, not knowing what Mr. Gaston might say. CHAIRPERSON NORRIS: Well, I don't think this board is the correct forum for two cable operators to be asking questions of each other. If you have something to say for five minutes, then that's fine. You can ask or you can tell, but you got five minutes. MR. GASTON: Okay. For the record, William R. Gaston, president of Marco Island Cable. I have two comments and one modification request. First off, Marco Island Cable does support the modifications as per the draft agreement or the draft of the modification of eighty-eight ninety as presented. I would like to make a request that the franchise fee payments be made by the 20th of the month rather than the 10th of the month, make them somewhat similar to the way sales taxes are made. Cable companies and anybody else has to pay sales taxes by the 20th of the month. The computations are almost the same except for 5 percent versus 6 percent. And it just would make things a little easier to do it -- pick it up and do it one -- one time a month. The other comment I would like to make or one other comment I'd like to make is right on the first page of the draft agreement you have -- you're going to strike -- this is on page 1 -- of origination, transmission, and distribution of electronic signals by cable and associated and similar devices including but not limited to installation along, under, over, through, across, and upon public rights-of-way. Now, that's -- the last part through access (sic) and upon public rights-of-way is -- is very significant because let's say you had a situation like at the Radisson and the Hilton which are two properties that are side by side. If you take this out of the provision, it would make it -- or out of the ordinance, it would make it so that the Radisson and Hilton could not put in their own cable system and operate it together. The cable definition, the FCC cable definition, is two buildings of non-common ownership. A franchise is required if you have two buildings of non-common ownership or management. Also you'd experience a problem possibly in trailer parks. So I don't know whether you want to open up this -- this particular can of worms by striking this -- this -- this provision. As a cable operator, it's definitely to my advantage to continue with that -- to keep that provision. One additional comment, you have a -- a place in the current franchise that says a certified financial statement is required. The accountants do not recognize a certified financial statement. It's not in the dictionary of accounting, so to speak. They recognize audited, compiled, but not certified. Possibly a clarification on audited or certified should be made or just say that you want an audited statement. That's really all I have. I do support it and hope it passes. CHAIRPERSON NORRIS: Thank you. Mr. Weigel, could you quickly comment on Mr. Gaston's contention there about the through, across, and upon the public right-of-way statement? MR. WEIGEL: Well, I heard it. I understood it as I heard it, but I don't know exactly the problem. Maybe Miss Ashton can comment further in regard to the language here. And Mr. Gaston talked about striking through, and I guess he was referring to striking through something other than the strike-throughs that are here, but maybe Heidi can explain here what we've got. MS. ASHTON: Okay. I'm not sure if I understood exactly his comment, but what I think he was talking about is the across and upon the public rights-of-way or the whole section? MR. GASTON: Correct. MS. ASHTON: Okay. The reason that is deleted is -- we discussed that among the cable committee, and the -- this section is being amended to make it consistent with the FCC rules and the legislation that deal with federal legislation. There are FCC orders. I don't want to get into all the details. But you don't necessarily have to cross a county right-of-way in order to require -- to be required to have a franchise in Collier County. And that's based upon the FCC's interpretation of the federal act. And we felt that if we kept that language in that there could be some confusion as to the interpretation of the section. And that's why we -- CHAIRPERSON NORRIS: And it appears you were right. MS. ASHTON: Pardon me? CHAIRPERSON NORRIS: It appears that you were right. COMMISSIONER MAC'KIE: About the confusion. CHAIRPERSON NORRIS: About the confusion. MS. ASHTON: Right. So we thought that this simplified that there was another section that -- that describes the type of facilities that are provided that would require a franchise so -- CHAIRPERSON NORRIS: Questions from the board? MS. ASHTON: Does that answer your question? I'd be happy to talk about it further with you, Mr. Gaston. COMMISSIONER CONSTANTINE: Yeah. I'm just a little confused. Does that then mean Mr. Gaston is correct? If two hotels side by side want to hook up with the same cable deal, they would be considered a franchise and be required to go through all the hoops attached therein? MS. ASHTON: I believe so. COMMISSIONER HANCOCK: Aren't they just -- MS. ASHTON: They're unrelated. I mean, it depends on the types of services that they provide which is under another section which I'll get for you. COMMISSIONER HANCOCK: Actually I think rather than being concerned about them becoming a franchise he'd prefer they use his service. You know, it's -- it's -- you know, it's -- the way it is now that in order to become a franchise they would have to go through some county right-of-way. MS. ASHTON: No. COMHISSIONER HANCOCK: Okay. MS. ASHTON: That's not our interpretation. COMMISSIONER HANCOCK: In that case I join the confusion. Never mind. MS. ASHTON: No. And if you look at the section of the strike-through, it says including but not limited to. And then you go through that list. So that's why we deleted it. We felt that there was some confusion as to the interpretation of that section, and we defer the interpretation of the laws to the FCC and the courts as they've decided so far. CHAIRPERSON NORRIS: Okay. So the interpretation that we are using is the one that has been upheld by courts. MS. ASHTON: Well, the interpretation is the FCC's interpretation, and the court hit on it slightly in a United States Supreme Court case, so that's why, but it's not the direct issue of that case to answer your question. CHAIRPERSON NORRIS: Thank you. COMMISSIONER CONSTANTINE: So you never did answer my question. The changes -- are the -- are the changes we're making affecting the hotel scenario, or that's just the way it is anyway? That's the way it's always been. That's the way it is now, and this doesn't have any effect on it. MS. ASHTON: The intent is not to change the application of the federal law. It's to clarify our ordinance where we thought it was confusing. COMHISSIONER CONSTANTINE: Excuse me. I'll be right back. COMHISSIONER MAC'KIE: I think -- I think I understand. It's that our ordinance could have been read in a way that's contradictory to the FCC interpretations, so in order to eliminate that possibility we're changing the language. MS. ASHTON: Right. COMMISSIONER MAC'KIE: So that whatever the FCC interprets, it can without question be applied to our ordinance. MS. ASHTON: Right. COMHISSIONER MAC'KIE: Okay. COMHISSIONER HANCOCK: That's all fine, but I'm still going back to Mr. Gaston said it allows for X to happen. It allows for two hotels to jointly get a system and become a franchise the way it reads now. MS. ASHTON: Well, they would have to go through the -- the franchise application. I'm -- I'm no expert on cable, and I'm, you know, kind of here by default. But as I understand it, there's a -- you know, you can have a master head, and maybe Mr. Fuchs could comment on that where if it -- you know, if it comes into -- like an apartment complex, they can provide the service among the complex. But once they start serving other unrelated condos, then they would need a franchise or once they start bringing in single-family homes -- that's the way the FCC has interpreted certain sections. And we have the same section in our ordinance in a separate area. They've said once single-family homes are thrown into the mix, then it doesn't matter if you cross county right-of-way or not. COMHISSIONER HANCOCK: Okay. So these changes don't materially affect the ability for that to happen one way or the other? COHMISSIONER HAC'KIE: That's right. MS. ASHTON: That's the way I read it. COHMISSIONER HAC'KIE: That's right. CHAIRPERSON NORRIS: Okay. MS. ASHTON: I mean, there are some other provisions that do make other changes, but this particular one we did not feel made a change. CHAIRPERSON NORRIS: Is that it for the public speakers, Mr. Dotrill? MR. DORRILL: Yes, sir. CHAIRPERSON NORRIS: I'll close the public hearing. COHMISSIONER HANCOCK: What about the 20th instead of the 10th each month? COHMISSIONER MATTHEWS: That makes sense. CHAIRPERSON NORRIS: It's fine with me. I have no objection to that. COHMISSIONER MAC'KIE: Do you, Miss Ashton? I mean, does the committee to change the 20th to the 10th? COHMISSIONER MATTHEWS: The 10th to the 20th. COHMISSIONER MAC'KIE: I mean the 10th to the 20th. CHAIRPERSON NORRIS: 10th to the 20th. MS. ASHTON: Yeah. I think the intent of the committee was to start collecting monthly after the renewal process, after the renewals are in effect. And so I don't think the 10th is the significant factor. It's the monthly collection. So I don't think that that would be a problem. CHAIRPERSON NORRIS: It doesn't make any difference anyway except for the first month because you'll -- you'll -- you'll miss ten days -- you'll be ten days out of schedule, and then it will be exact monthly ever -- COHMISSIONER MATTHEWS: Thirty days after. CHAIRPERSON NORRIS: -- evermore from that point on. So it won't make any difference, and that's fine with me. COHMISSIONER HANCOCK: Yeah. If it's harmless, let's go ahead and do that. CHAIRPERSON NORRIS: Any objection to that? COHMISSIONER MATTHEWS: No, huh-uh. I think it -- it's really reasonable because so many companies really in ten days it's difficult to close the books. CHAIRPERSON NORRIS: Sure. COHMISSIONER MATTHEWS: I have a question. Mr. Gaston raised the financial statement question. What was the intent of the committee on that? Was it to have audited financials? MS. ASHTON: Let me take a look. COHMISSIONER MAC'KIE: He said certified, and he said there's not -- there's no such animal. COHMISSIONER MATTHEWS: Yeah, there -- there's only three levels of service: Compile, review, and audit. MS. ASHTON: Okay. MR. DORRILL: I think, Ms. Matthews, perhaps you ought to give us some advice there. And if your recommendation is to go to audited financial statements -- COHMISSIONER MATTHEWS: Well, I'm interested in what -- what the committee wanted to achieve. If -- many times the word certified is substituted for audited. And if that's what they intended, then -- then that's what it should be. Obviously only certified public accountants can do audits. I mean, that -- that -- that's by law. So that's what I think they intended. COMMISSIONER HANCOCK: So if we replace certified with audited, we're clarifying and not changing the intent. Is that a -- MS. ASHTON: I'm sorry. I don't see the -- which section you're specifically referring to. CHAIRPERSON NORRIS: Just a matter of terminology. It doesn't matter the section. The -- COMMISSIONER HANCOCK: There's an area that said certified financial statement or certified -- COMMISSIONER MATTHEWS: Financial statements. COMMISSIONER HANCOCK: Yeah. And change that to audited financial statement. Is that --COMMISSIONER MATTHEWS: Normally when -- when people refer to certified statements, they're talking about audited statements. And -- and that -- MS. ASHTON: I'm getting information from our financial people that audited is fine. COHMISSIONER MATTHEWS: Audited's preferred? CHAIRPERSON NORRIS: Okay. MS. ASHTON: Yeah, I'll make that change. Also for the record I'd like to mention that the effective date is -- is going to be amended to the date of the filing with the secretary of state. COHMISSIONER HANCOCK: Motion to approve with the change of the 20th from the 10th and replacing certified with audited as it appears in the document. CHAIRPERSON NORRIS: Is there a second? COHMISSIONER MATTHEWS: Second. Second. I'm sorry. You aren't out there alone. COHMISSIONER HANCOCK: It's not that late, folks. CHAIRPERSON NORRIS: We have a motion and a second. All those in favor signify by saying aye. Opposed? Item #13A1 PETITION V-96-2, BILL HOOVER REPRESENTING CORAL CAY ADVENTURE GOLF, LTD., REQUESTING A 15 FOOT VARIANCE FROM THE REQUIRED 25 FEET TO 10 FEET FOR THE PRINCIPAL STRUCTURE AND A 5 FOOT VARIANCE FROM THE REQUIRED 15 FOOT SETBACK FOR SIGNS TO 10 FEET FOR PROPERTY LOCATED AT 2205 EAST TAMIAMI TRAIL - DENIED MR. BADAMTCHIAN: Good afternoon, commissioners. Chahran Badamtchian from planning staff. This variance is for a golf course located on the East Trail. They used to have 30-foot front setback. But because of the taking by the state, the setback has been reduced to ten feet. COHMISSIONER CONSTANTINE: As I always do, I apologize for interrupting. But primarily this is just caused because of the widening of U.S. 41 by state DOT. MR. BADAMTCHIAN: Yes, sir. COHMISSIONER HANCOCK: Mr. Chairman, there is -- there was a discussion at the planning commission -- when I read through this, I saw a seven-two vote at the planning commission. So I called a representative. And turns out I called one that -- that had a discussion that initiated it. And it's something I think needs to be clarified. And hopefully, Mr. Hoover, since that time, you've -- you've got the answer to this. When the FDOT takes property, if they affect a business adversely, they pay the business for that adverse impact. COMMISSIONER MATTHEWS: Uh-huh. COMMISSIONER HANCOCK: Okay? COMMISSIONER MAC'KIE: Right. COMMISSIONER HANCOCK: If this business has been paid for adverse impacts yet it's function is not affected and by granting this variance we're allowing it to continue as it always has, I want to know if they've been paid for their business being impacted adversely. And if they have, I'm not going to approve this variance until I get -- until I talk to the FDOT. I put a call into them yesterday, and that was obviously too short of notice. But my problem here is if the FDOT said, well, you've received a 10 percent impact to your business and here's additional months -- monies on top of the land cost, yet we issue this variance and it causes no interruption in their business and there is no reduction, the taxpayers are getting hit for something they don't deserve to be hit for. And so -- COMMISSIONER MAC'KIE: And that's normal. It is normal for that to be -- COMMISSIONER MATTHEWS: Goes on all the time. COMMISSIONER MAC'KIE: -- for that to be included in the compensation. MR. BADAMTCHIAN: They were paid for it, but I don't know if it was adequate amount or not. COMMISSIONER MAC'KIE: Well, it has to be adequate under the state law. COMMISSIONER CONSTANTINE: Well -- COMMISSIONER MAC'KIE: Well, okay. COMMISSIONER HANCOCK: But do you see where I'm getting, though? If -- CHAIRPERSON NORRIS: Mr. Arnold? MR. ARNOLD: If I might, Wayne Arnold for the record. One other issue that arises is the fact that our Land Development Code makes provisions for right-of-way acquisition. And it provides that a front yard may be reduced by the amount of the taking not to exceed or to have a minimum yard of ten feet or greater is what it essentially says. So what they're trying to do here is ratify that ten-foot setback that our code grants them administratively, allows them to have a ten-foot setback. They would like that vested through a resolution so they can have this that runs with the property. I think that's the primary issue. To me that was the issue as opposed to the issue of whether or not they were compensated. They have been compensated for the taking. And I believe that they've been through the proceedings and have probably received a payment. COMMISSIONER HANCOCK: I don't have a problem with -- with the variance itself. My problem comes in that when the property was taken, a value of that property was assigned, and they were paid. In -- and this is a double -- a double hit that I've been introduced to recently that I don't understand. In addition, if they can prove to the FDOT or show the FDOT that their business has been adversely impacted by this, they can get a percentage additional on top of what the property cost is. However, if we grant this variance, thereby their business all -- being allowed to continue to operate as it always has with no reduction in revenues, then they should not be compensated for that. And this is one of those cases of one government arm doing one thing, another doing another, and the taxpayer may be footing the bill. COMMISSIONER CONSTANTINE: Let me throw out an expla -- potential explanation as to why we can't address that is if you -- if you suddenly have three more -- three lanes of traffic directly adjacent to your property, potentially someone with small kids that might have gone to that place to do their miniature golfing may have less of a desire to be there. Obviously there's fencing and otherwise. But there are impacts over and above what can be immediately pointed to, okay, here it is in concrete, gosh, because your building isn't here, you're definitely going to get X number less customers. I think realistically if you have a less appealing situation, particularly for a family environment, there will be an argument. I'm not arguing for them, but that's an argument that could be made -- COMMISSIONER HANCOCK: I understand. COMMISSIONER CONSTANTINE: -- that potentially you may lose. But I think Mr. Arnold's point's the -- is the important one is all we're being asked to do is ratify existing policy. I don't disagree that two governments from time to time get taken advantage of because -- COMMISSIONER MATTHEWS: We often pull at each other. Mr. Chairman, I'd like to ask Mr. Arnold a question because my note on here as I read through it is that this seems to me our growth management requirements, why wasn't it administratively granted. You're telling me that it was administratively granted, but the petitioner is asking for it to be ratified. What's the difference between the two? There's a reason he wants it ratified. MR. ARNOLD: I guess my easiest explanation -- and we had a little bit of this discussion with the planning commission -- is that the Land Development Code is subject to change. We could decide that that provision is not the acceptable policy for the county to move forward where we've had right-of-way acquisitions. This, in fact, was a state taking. But it could, in fact, apply to a county taking. But by the same token, the issue I had is that -- we discussed blanket variances and how we were going to handle this whole corridor. And months ago it was decided not to have a blanket variance. My biggest concern is do we want to go ahead and set a ten-foot setback minimum if, in fact, we may at some point in the future look at redevelopment potential along this corridor not knowing what that might bring. COMMISSIONER MATTHEWS: Uh-huh. MR. ARNOLD: That's my -- my only professional concern in granting it because today we have the administrative ability to give Mr. Hoover what they're asking for. COMMISSIONER MAC'KIE: My -- my thought was -- was that again, I wouldn't want to change something midstream on somebody. So if administratively they're permitted to do this already by our code, fine. But before I was on county commission when I was on that development advisory committee, we started talking about that blanket variance. And I couldn't be more strongly in opposition to anything than I am to that. That absolutely means that nothing will ever get better. I don't want to do anything to discourage the redevelopment of that area. And I think these variances do exactly that. I don't -- I'm going to oppose this for that reason. I -- I don't even like the administrative ability to do it much less the -- doing it in the board's forum. COHMISSIONER MATTHEWS: I'd like to continue with what I was trying to get to. Right now if it's an administrative variance, if we change the Land Development Code, that variance changes also. Does -- does that put him into some sort of a legal non-conforming status? MR. ARNOLD: I think technically it would if that policy change would then require the full 25-foot setback, for instance, on C-4 zoned property which -- which it currently is. COHMISSIONER MATTHEWS: And -- and if something happened to the property that caused greater than 50 percent damage, he would not be allowed to rebuild. MR. ARNOLD: Right. COHMISSIONER MATTHEWS: But if we grant this variance, he's -- he's got it forever. MR. ARNOLD: That's correct. But I think what they're looking for from -- COHMISSIONER MAC'KIE: Ding, ding, ding. MR. ARNOLD: -- from the applicant's perspective is they currently or before the take enjoyed that right. And they would -- for instance, if they wanted to expand their facility to include a restaurant or snack bar, whatever, they could have done so and well exceeded the 25-foot setback. But because of the taking, now they're within 12 feet of the property line. They, in fact, want to make sure that they can move forward within ten feet of the property line. And I understand that. But that's where Commissioner Hancock's point -- COHMISSIONER HANCOCK: Now we're -- now we're tying in what I was talking about. MR. ARNOLD: Then you're tying it back to what you said. COHMISSIONER HANCOCK: If they got -- if they got that payment, why give them the -- the eventual long-term, do what you want, we don't give a rat's behind approval that we're being asked to do here? COMMISSIONER MAC'KIE: Just say no. MR. ARNOLD: I think this certainly raised an issue that we as staff recognized we may want to address, and we -- COMMISSIONER MAC'KIE: A rat's behind. MR. ARNOLD: -- definitely need to discuss this with Tom Conrecode and George Archibald in terms of road projects and how we apply this policy. But it's something we may want to bring back to you for more formal discussion in a possible Land Development Code amendment sometime this summer. CHAIRPERSON NORRIS: Well, I -- I wouldn't be surprised if Mr. Hoover wanted to say something. What do you have to say for yourself here, Mr. Hoover? MR. HOOVER: Actually I'm not the most familiar person on this case. David Rynders couldn't make it today, and he's at a bond closing that's going to take the whole day and part of this evening. CHAIRPERSON NORRIS: Have him check his arbitrage certificates. MR. HOOVER: And anyway, I would like to put on the record that we're not double dipping as was mentioned at the planning commission, that there was a concern of that. And as a taxpayer I would have a concern about that also. COMMISSIONER HANCOCK: Wait. I need to clarify that. You're telling me that beyond the exact, to-the-penny value of the land, the property owner hasn't received a dime over that. MR. HOOVER: Oh, no. COMMISSIONER HANCOCK: Okay. MR. HOOVER: No, because there's -- there's a whole bunch -- in other words, they took, I think, 5,800 square feet. So you pay like -- there's an appraisal -- probably $8 or $10 a square foot. Okay. Then we're going to have to shut the facility down this summer for several months while we're actually losing like five or six golf holes. And you can't have a 31-hole miniature golf course obviously. So what we're doing is the FDOT made a settlement with our client based on the fact that they assumed that the -- the Land Development Code -- I forget the exact section now that Wayne's talking about. They acted like that was permanent. And David Rynders and I have a concern as well as the client that that's -- very likely could be changed some time in the future. So if we're basing the settlement on a certain dollar fixture and acting like the Land Development Code is permanent, that's the reason -- one of the key reasons we're applying for a variance. The other factor is our building is very unique compared to anything along there. It costs almost two million dollars now to put up one of these adventure-type golf courses. And we're going to put over $200,000 back in this thing. And if we do, we want the structure, the actual little building on there, to be conforming because if it's non-conforming -- and I think as Commissioner Matthews pointed out, if you -- a non-conforming building has -- can have lots of problems down the road here. And we've got 25 percent extra parking spaces on this site. And so we could actually expand that building a little bit if the market dictated that. So my concern as a planner is that a non-conforming building, we're not being reimbursed for having the building non-conforming. So we would like to keep the building conforming, and that's how we feel that we're not double dipping. But if we invest several hundred thousand dollars on making this a nice course, again, and making it a little bit more modern, we would like to protect that investment for as long as we Can. Additionally, we're sticking about twenty -- I think it's 27 new live oaks on the property. We're going way out of our way, and staff has already reviewed the -- it's called like a mini SDP. It's called a site improvement plan. We're going way out of our way to make the landscaping as nice as possible. And we're meeting -- that's not required. We're just going above and beyond that. COMMISSIONER HANCOCK: Question of staff. Is there any way a -- this particular approval can run with the current use and not with the land in perpetuity? MR. BADAMTCHIAN: Usually variances, they run with the land unless you stipulate that way. COMMISSIONER HANCOCK: Because the point you make, if you have been compensated in no way for the fact that you're left with a legal non-conforming use -- or excuse me, a non-conforming use, if there's been no part of your compensation package that recognizes the fact that you have a non-conforming structure -- I believe that's what you told me. MR. HOOVER: That's the way I understand that. COHMISSIONER HANCOCK: Well, and understand if I check and find out different, I would bring this item back. But if -- if that's the case and you have not been compensated for that, then what you're looking to do is maintain the rights of your use. I don't see a problem with that. But as Commissioner Hac'Kie said, what happens is if it runs with the land, two years from now, you know, it's -- someone buys it and does something else with it. And we're stuck with a -- COHMISSIONER HAC'KIE: You just defined -- you just gave the two different legal definitions. One is one -- the one that runs with the land, that is a variance. The one that runs with the use, that is a non-conforming use. COHMISSIONER HANCOCK: Is that -- is that true? COHMISSIONER HAC'KIE: You can't -- COHMISSIONER HANCOCK: In other words -- COHMISSIONER HAC'KIE: A variance can't run with a use. That's what a non-conforming use is is a variance for the use. CHAIRPERSON NORRIS: I think our staff is telling that yes, you can stipulate that in a variance. MR. BADAMTCHIAN: If you stipulate that this variance is only for the existing building, that to me would run with the existing building. COHMISSIONER HAC'KIE: You're mixing legal theories. COHMISSIONER HANCOCK: It sounds like to me there's -- there's -- under a non-conforming use, can he expand his building, Mr. Weigel? MR. WEIGEL: No, he can't. But correct me if I'm wrong, staff, but by virtue of the administrative variance it's not -- it's not non-conforming, but you can't do anything beyond it and come back and -- later on. I mean, it's just sort of recognized as conforming because there's administrative variance that's granted. But you can't come back -- maybe it's a distinction without, you know, words. But you can't come back and do changes later within the -- within the variance area. MR. BADAMTCHIAN: There is a provision in our Land Development Code allowing expansion of non-conforming buildings if they are not increasing the non-conformity. They can always expand toward the back, not toward the front or the side where they need a variance. They can always expand it if they want to. MR. HOOVER: I think that's -- if I'm not mistaken, that's limited some, but I might be wrong. I haven't looked at that in a while. CHAIRPERSON NORRIS: We'll close the public hearing at this time. COMMISSIONER MAC'KIE: I move denial. MR. HOOVER: Could I -- could I make a comment? I didn't realize you were closing the petition that quickly. But I think I'd like to request a continuance that -- so I can bring Attorney David Rynders to the hearing and explain what actually got -- we got compensated for and make that very clear because I don't -- I'm pretty sure I'm telling that correctly to Commissioner Hancock, but I -- if -- but I'm not positive on that. CHAIRPERSON NORRIS: Well, Mr. Hoover, I wouldn't want you to sell yourself short. I thought you did an excellent job of explanation. MR. HOOVER: Okay. Thank you. COHHISSIONER MATTHEWS: Mr. Chairman, we've got a motion on the floor. I'm not going to second it quite yet. But I'd like the petitioner to know that if we grant him a continuance that what I'd like to see come back is a non-conforming use, not a variance. CHAIRPERSON NORRIS: Did you second it? COHMISSIONER HANCOCK: I'm going to second the motion. This just doesn't sit right with me. CHAIRPERSON NORRIS: We have a motion and a second. If there's no further discussion, all those in favor signify by saying aye. Opposed? Motion passes four to one. COHMISSIONER CONSTANTINE: You look shocked. CHAIRPERSON NORRIS: I did indeed. Item #13A2 RESOLUTION 96-161 RE PETITION V-96-3, GUADALUPE GONZALES REQUESTING A VARIANCE TO THE MINIMUM REQUIRED FRONTAGE OF 60 FEET OF 15 FEET AND 30 FEET RESPECTIVELY FOR TWO LOTS IN THE "VR" VILLAGE RESIDENTIAL ZONING DISTRICT FOR PROPERTY DESCRIBED AS LOT 6, BLOCK 4 OF THE CARSON'S SUBDIVISION IN IHMOKALEE - ADOPTED Next item is 13(A)(2), petition V-96-3. HR. NINO: For the record, Ron Nino, planning services division. What we have here is a lot in a village residential district in Immokalee immediately south of lots that are zoned commercial that front upon the south side of West Main Street or S. R. 9 -- S. R. 29. We have a -- the village residential lot which permits mobile homes and which have been permitted by county staff for two mobile home units. There are currently two mobile homes on the property. And as is the case in Immokalee, mobile homes tend to be rental. They tend to deteriorate at a rapid rate, and they tend to get replaced. This petitioner wishes to replace one of the mobile homes on the property with a more modern version of mobile homes. And he was faced with the procedure that we currently use which is a non-conforming use alteration. CHAIRPERSON NORRIS: Okay. Let me understand. He's -- he's merely requesting to replace an old one with a new one. MR. NINO: That's correct. CHAIRPERSON NORRIS: Okay. Thank you. COHMISSIONER MAC'KIE: And that's difficult under our code? MR. NINO: Well, it -- it -- it requires a non-conforming use alteration application every time he wants to do it which is $425 every time he wants to replace a mobile home. COHMISSIONER MATTHEWS: Well, why -- MR. NINO: So at the suggestion of staff, at -- at the suggestion of staff, we urged this petitioner to apply for a variance to create two legal lots because after all, the village residential lot in question is larger than is required in terms of area for two lots but doesn't meet the minimum frontage requirement for the VR district. The variance would have, as is shown in your package at page -- I don't know if you have Exhibit A -- would show this lot restructured into two lots, a dog leg lot. And the variance would be to recognize frontages of 30 and 45 feet respectively instead of 60 feet. Now, in the process, the petitioner has agreed to re -- reposition the replacement and the one that's going to stay there in a manner that would be consistent with all yard requirements for the village residential district. COMMISSIONER MAC'KIE: Do you guys have that picture in your packet? COMHISSIONER MATTHEWS: No. COMMISSIONER MAC'KIE: I'd like to see it. We don't have it. MR. NINO: I'm sorry. You should've had it in your packet -- which means that mobile home there is going to be -- that mobile home there is going to be moved -- COMHISSIONER CONSTANTINE: You can't talk without the microphone. COMHISSIONER MAC'KIE: On the microphone. MR. NINO: Well, I talk loud. COMMISSIONER MAC'KIE: Doesn't matter. MR. NINO: It means that the existing commercial -- the existing mobile home will be moved about 30 feet further -- further north than its current site. And the new -- the new mobile home, the replacement mobile home, will meet both the setback and side yard requirements that are applied to the village residential zoning district. COMMISSIONER MAC'KIE: This sounds like a decent solution for this particular project. Are there similar ones where we're discouraging people to improve the conditions of these mobile homes? And can we do something more global if there are? COMHISSIONER CONSTANTINE: A bigger question is -- COMHISSIONER MAC'KIE: That was pretty big. COMMISSIONER CONSTANTINE: This reminds me or this makes me think of our -- as we do our EAR work, there were a number of changes, and there were a number of additions. How many deletions did you see requested on the EAR? Seems like there ought to be as part of that process a little trimming out of that thousand-page book we read too but -- in the for-what-it's-worth category. MR. NINO: In any event, planning commission when they reviewed this unanimously recommended approval. And, as a matter of fact, if you read their minutes, they thought it was a very good customer service response to the situation. COMMISSIONER HANCOCK: Good thing you brought that one out, Ron. CHAIRPERSON NORRIS: We'll close the public hearing. COMMISSIONER CONSTANTINE: Motion to approve. COMHISSIONER MAC'KIE: Second. COMHISSIONER MATTHEWS: Third. CHAIRPERSON NORRIS: We have a motion and a second for approval. All those in favor signify by saying aye. And opposed? COMMISSIONER CONSTANTINE: Mr. Chairman, before we get into communications, PUD-89-17-1 -- that was 12(B)(3) today, Mr. Duane's item -- we suggested we continue that for five weeks. Five weeks is April 30. We don't have a meeting on April 30. So we need to either make that four weeks or six weeks and readvertise. COMMISSIONER HANCOCK: I would propose four weeks and notify Mr. Duane; if that's problematic, bring it back to communications next week, bring back to the county manager. CHAIRPERSON NORRIS: That's what I would -- COMMISSIONER CONSTANTINE: Mr. Dotrill, you'll contact Mr. Duane? Item #14A TALLAHASSEE UPDATE FROM COMHISSIONER HANCOCK - DISCUSSED CHAIRPERSON NORRIS: Okay. Well, that does conclude our regular agenda. We'll be down to the communications section. Commissioner Matthews? COMHISSIONER MATTHEWS: No, I have nothing. CHAIRPERSON NORRIS: Commissioner Hancock? COMMISSIONER HANCOCK: At the board's request, I did advance the resolution to all members of the -- the delegation. And I got a fair response, even those that were sponsoring it. I did not speak to Senator Dudley. He was very busy as usual. Senator Jenny -- COMHISSIONER CONSTANTINE: I'll give you his direct line. COMHISSIONER HANCOCK: Yeah, I know. Well, he's on the House floor most of the day. But in the House of Representatives -- COMMISSIONER MATTHEWS: Senators on the House floor? CHAIRPERSON NORRIS: Just visiting. COMMISSIONER MAC'KIE: Okay. Okay. COMMISSIONER HANCOCK: I didn't talk to Senator Dudley. But I did speak to all the representatives in our delegation including Greg -- or in addition to Greg Gay who's up out of Cape Coral. And they all seemed very supportive, so I -- I don't think that that bill's got a snowball's chance. In addition, on behalf of the property appraiser and the Florida Association of Counties' position, the presumption of correctness that has lied with the property appraiser in the past is under attack. A -- a group of businesses have in essence put together a bill that is being -- really it's already got, I think, 80 House sponsors. COMMISSIONER MATTHEWS: Yes, it's got quite a few. COMMISSIONER HANCOCK: Yeah. It's gonna go through unless there's a delay put on it. What it does is removes -- removes the presumption of correctness for a property appraiser. If that happens, that means that the property appraiser has -- has to bring in the team of experts on every single item that comes up on Value Adjustment Board. And it's -- it really has the ability to -- to transfer costs to the average homeowner in the county because those commercial businesses that will bring in 12 appraisers and fight like mad and get their -- their values knocked down, that burden will be borne then by -- by others. So the presumption of correctness is kind of under attack, and it's -- it's being promoted by big business in a large way. And I think it should be a concern for us. COMMISSIONER CONSTANTINE: How has it gamered so much support, and are those 80 sponsors on a House bill? COMMISSIONER HANCOCK: Yes. COMMISSIONER CONSTANTINE: So we need to -- obviously it's gonna pass there. We need to shoot it down in the Senate? COMMISSIONER HANCOCK: Senate has equal -- COMMISSIONER MATTHEWS: It's got -- it's got a lot of support in the Senate too. COMMISSIONER HANCOCK: One -- one thing advocated by FAC is to -- to amend it to -- to re -- remand it to -- to a study commission for one year because there are a lot of problems in it. That's probably the best thing we can do. But there are a lot of problems. It was lobbied hard by big business. Your places like Publix supermarkets that may have 20 stores in a county has every reason to spend $150,000 on an expert to try and argue their assessment. And even if they drop their assessment 5 percent, 10 percent, those taxes have to be made up elsewhere in the county. And the presumption of correctness sits with the property appraiser just as it does with other areas of county government. And I see no reason on our part to support or to not get behind the effort to kill this particular idea. So on behalf of Mr. Skinner, I -- I discussed that with each member of the delegation, and what I -- the sense I got is you're standing in front of a moving train, buddy, you know. You better jump now. So I think we need to support the FAC position in remanding it to a study committee for one year because of the problems in implementation and the financial cost to our -- our taxpayers. MR. DORRILL: Did you speak to Mr. Harris about that? COMHISSIONER HANCOCK: Yes, I did. MR. DORRILL: Okay. Because we received a call yesterday from FAC asking my office if my office would at least speak to him either in -- I believe it's Lake Placid or Tallahassee and leave a message for him. COMHISSIONER HANCOCK: I spoke to Butt Harris. Butt was very sympathetic. However, he said it's been presented to him that this -- this just evens the playing field when, in fact, it does just the opposite. COMHISSIONER MAC'KIE: It's not. COMMISSIONER HANCOCK: The lobbying has been very, very effective and very intense early on in the process for this. And we're -- we got the tail of the tiger right now. And so I don't -- I don't know how effective we can be, but that's going to be something that's going to be an extreme financial importance to our taxpayers. COMMISSIONER MATTHEWS: I -- I was reading a fax this morning from the -- from the FAC on -- on that very thing. And each of you may -- may have them in your mail. But the presumption right now is state-statute driven. If the appraiser beats -- I think it's nine key points, he's presumed to be correct. And -- and under the new law, if he misses just one of those points, it's an arguable situation then, and we're going to be having some difficulties in the Value Adjustment Board, those of us who sit upon it. COMMISSIONER HANCOCK: And again, the key element here to remember is that big business painted this as -- the bigger businesses painted this as an unfairness question that they -- they were not winning their cases when, in fact, 57 percent of all appeals last year of the Value Adjustment Board in the state of Florida were won in a court of law. So the court does provide the -- a playing field that is not -- COMHISSIONER MATTHEWS: A relief. COMHISSIONER HANCOCK: A relief should someone feel the need to press it that far. So it's not as if they have no recourse. COMMISSIONER CONSTANTINE: Should someone feel the need for relief. CHAIRPERSON NORRIS: Thank you. Item #14B FUTURE LAND USE ISSUES SCHEDULED FOR 4/2/96 - CONTINUED TO 4/9/96 Commissioner Mac'Kie? COHMISSIONER HAC'KIE: I have a -- a request, and I -- I don't know that it can be granted very simply, but I want to put it out. I memo'ed everybody and told you I have some family issues requiring me to miss next week's meeting. And I know we continued the EAR hearing until I believe next -- COHMISSIONER MATTHEWS: Next week. COHMISSIONER MAC'KIE: -- week, and I am vitally interested in the future land use issues. COHMISSIONER CONSTANTINE: Better get back. COHMISSIONER MAC'KIE: So I wonder if we could continue that for an additional week. COHMISSIONER HANCOCK: What -- what does that do to our advertising schedule? COHMISSIONER MAC'KIE: What does that do to our advertising schedule? MR. WEIGEL: Yeah, you'll have to have a -- at least a perfunctory meeting that date to continue it to another date. And it might serve the public and persons that might come just to get the word out informally or through the media anyway that that's the action that's expected to occur. COHMISSIONER CONSTANTINE: I certainly have no objection to doing that to fit Commissioner Hac'Kie's schedule. COHMISSIONER MATTHEWS: So -- so we have to have a meeting then the night of the 3rd at 5:05 -- COHMISSIONER MAC'KIE: No, the afternoon. COHMISSIONER MATTHEWS: -- to continue. MR. WEIGEL: The 2nd. COHMISSIONER MATTHEWS: Well, yeah, but -- MR. WEIGEL: The 3rd. Pardon me. The 2nd -- the 2nd is a Tuesday. The 3rd. COHMISSIONER MATTHEWS: We were going to finish up the -- the EAR on the afternoon of the 2nd and then our second public hearing -- COHMISSIONER MAC'KIE: We don't have to have one. COHMISSIONER MATTHEWS: We don't have to have -- okay. I thought it was scheduled for the 3rd. MR. DORRILL: No, ma'am. COHMISSIONER HANCOCK: We changed that. COHMISSIONER MAC'KIE: This is just going to be part of the -- part of next Tuesday's regular agenda. COHMISSIONER MATTHEWS: Okay. COHMISSIONER MAC'KIE: And I'd appreciate it. COHMISSIONER CONSTANTINE: So on Tuesday we adjourn this meeting. We call that one and immediately continue it again. MR. DORRILL: Correct. COHMISSIONER MAC'KIE: Thank you. COHMISSIONER HANCOCK: Mr. Dorrill, would you be so kind as to prepare a press release with that information that that is anticipated so that the folks who are interested need not come down to watch us continue it? And you can -- you can cite in that press release that it's all Commissioner Hac'Kie's fault. COHMISSIONER MAC'KIE: Great. CHAIRPERSON NORRIS: Okay. Commissioner Constantine? COMMISSIONER CONSTANTINE: Two things. One, I made the comment, and we all kind of chuckled, and I moved on. But it does disturb me a little that there are zero deletions in the EAR. I would hope that as we have 25 people looking at something, they would see a few things that perhaps don't need to be there anymore. So I don't know how we address that from here, whether we do that in the six-month process or what. But rather than continually adding more government, more government, perhaps we could cut a few items out of there that aren't as appropriate, aren't as applicable. COMMISSIONER MATTHEWS: There's always been discussion that when somebody wants a change, find us two to take out. COMHISSIONER CONSTANTINE: Uh-huh. The -- CHAIRPERSON NORRIS: That's -- that's a good principle that we could apply here. COMHISSIONER CONSTANTINE: I'd really like to find a process by which to do that and not wait till five years from now and have that board request that citizens' committee to do it. Second item is there was a memo issued from the manager to Ed Day on creating or on assessing a need -- needs for the utility control -- MR. DORRILL: Rate regulation? COMMISSIONER CONSTANTINE: -- rate regulation. A little bit of a concern, pretty good concern. The memo says something to the effect that you envision it similar to the office of management and budget. And -- and I know when -- maybe you did. But when Commissioner Norris and I brought this forward, I didn't envision a full department handling this. And again, I go back to the comments I made during those public hearings that while it will be very busy when a rate increase is requested, I can't imagine, since the vast majority of the time those aren't ongoing, that 40-hour weeks for several people are going to be filled. And I -- MR. DORRILL: The -- the comment there was that it would not be in any division, that it will be what is considered another of the just executive offices. The budget office is not in a division. It reports to the executive office of the county manager, and that's what the intent there is. We may have a staff of two in addition to a secretarial position. But then we've said that we're not going to hire a -- a bevy of utility rate analysts or cable franchise analysts the same way that we have budget analysts. That's not my intent at all. What I -- what I said and I believe what you told me was that you wanted during those peak times we would contract with firms that specialize in that work. COMHISSIONER CONSTANTINE: And that was my -- you've answered my question pretty much. That was my concern when I saw -- I had this vision of seven or eight people wandering around. MR. DORRILL: I think I understand exactly what you all wanted to do. COMMISSIONER CONSTANTINE: As you come back, as Captain Day completes his report on that, you'll share that with us as to what you envision those people doing? MR. DORRILL: I need a budget amendment, and I may need you to approve or at least authorize certain of those positions. And all of that is due back on April the 8th or the 5th. I can't recall. I'll have to check. COHMISSIONER CONSTANTINE: Whatever the case, I think each of the private -- large private utilities here paid somewhere in the neighborhood of $400,000 annually to the PSC. Obviously we'll be considerably less than that. So -- MR. DORRILL: But that's why I need a budget amendment. COHMISSIONER CONSTANTINE: -- end -- end result should be the customers get a little bit of a break here. Item #15A REQUEST BY COUNTY MANAGER TO RETAIN OUTSIDE COUNSEL, IF NECESSARY TO ASSIST CODE ENFORCEMENT BOARD CHAIRPERSON NORRIS: Mr. Dorrill, do you have anything for us today? MR. DORRILL: Two quick things. I wanted to advise the board that we -- we had a -- an extremely different administrative hearing yesterday that you may -- Mr. Hancock was there. You may have read about. I can't ever recall the county manager -- in this case the Lely Barefoot Beach Homeowners' Association invoking that clause within the Land Development Code. But I sat as an administrative hearing officer between them and the Code Enforcement Board. Mr. Hazzard who's the attorney for the homeowners' association has raised a number of technical legal points concerning a potential conflict of interest on my part because I work for you and because of certain things that you have said in advance of this being cited and scheduled to appear before the Code Enforcement Board. He asked a series of specific questions about who Mr. Bryant was there representing yesterday on behalf of the county. And I believe that it's always been the attorney's office that in those particular cases, the assistant county attorney is working for the code enforcement department to present a case in front of the independent Code Enforcement Board. My only reason for saying that is because he raised several important legal issues that I don't fully understand, I may be asking of the county attorney whether we should retain special counsel only to provide some legal opinions and to assist me in drafting the order because otherwise I do not want to -- to create a potential legal conflict. And I know that on at least one previous occasion we have retained special counsel to offer similar assistance to the Code Enforcement Board. COHMISSIONER CONSTANTINE: On at least two occasions when I served on the Code Enforcement Board we did that. MR. DORRILL: I'm just telling you that I may need to do that because of a series of what I consider to be legal technical issues that I don't otherwise have a basis to -- to offer. Item #15B LETTER FROM SHERIFF RE TIME CONSTRAINTS OF SUBMITTING BUDGET ON SCHEDULE The final thing is my budget director has expressed some concern that the -- the board maintain the schedule that you have otherwise adopted for the submission of constitutional officer budgets and those of the county manager as a result of a letter that the sheriff has sent. Unless you instruct us otherwise, while the sheriff has expressed some concerns about his ability to have his budget in here on May the 1st, he doesn't say in his letter that he's refusing to have it here on May the 1st. This is all leading up to the very important -- we need -- by the time we get the certification in the millage on June the 1st, it's our intent to try and schedule the general fund budget during the very early part of your workshops that begin the third week of June. And in order for us to meet the time that you said that you wanted all of those to be made public, it's -- it's very important that everybody stick to the schedule that the board has adopted. But if you have any second thoughts, you probably need to tell us that within a week or so. COMHISSIONER CONSTANTINE: I think we certainly gave ample notification. Our own staff said it would be difficult and there might be some late nights but they -- they could get a done. And I'm -- I've got to guess the sheriff if his people work late nights could get it done as well. CHAIRPERSON NORRIS: We -- we asked for this simply to accommodate the public and -- and the request from the public to have this made available to them for review before we get into our budget hearings. I would hope that the sheriff would be responsive to the public as we are. And I'm sure he will be once he considers the reason for our request in the first place. MR. DORRILL: I'm finished. COMMISSIONER MATTHEWS: Can I -- can I ask Mr. Dotrill a question on that Lely Barefoot question? Lely Barefoot Beach association, what -- whatever, requested an administrative hearing, and then they complained that you have a conflict? MR. DORRILL: Yes. COMMISSIONER MATTHEWS: I -- I just wanted to make sure I heard that right. COMMISSIONER MAC'KIE: Creative lawyering. CHAIRPERSON NORRIS: Just fee generation. Yes, sir. Mr. Weigel, do you have something? Item #15C COUNTY ATTORNEY TO REVIEW CONVEYANCE DOCUMENTS RE PURCHASE OF LAKE AVALON SITE MR. WEIGEL: Thank you. It just relates to today's agenda. Item 8(C)(2) which was the item concerning the conceptual approval agreement of the $854,000, Lake Avalon, Tom Olliff got back with me. And they did talk with the -- the state grant people and the attorney that's reviewing it. And they indicated that they would allow no changes to this particular agreement. I reviewed this agreement again, however. And -- and this is the first step of a couple steps of agreements. The next one to come forward is the grant award agreement. And I would certainly look to see if we can get a letter of understanding or something to go with that one. The board -- this board can pull the plug at any time at least up to November 8 without problem and even after accepting the money could pull the plug if they found to be a problem. Additionally, I'll review the conveyance documents to see any of the restrictions that are of record to us which would certainly be passed on if the worse were to occur to anyone else if the state were to attempt to acquire the property under these agreements because there are limitations of use that I recall. CHAIRPERSON NORRIS: When you say we could pull the plug at any time, do you mean that in the literal sense? Ten years from now if something were -- were to occur, we could simply pay back the grant? MR. WEIGEL: No. I didn't mean that far ahead. I meant up until the time we've gotten the money and expended the money. COHMISSIONER CONSTANTINE: I think -- and obviously using the word logic when you're talking about two governments talking to one another is a scary prospect. But -- COHMISSIONER HAC'KIE: Scary, ain't it? COHMISSIONER CONSTANTINE: -- hopefully somewhere along the line the logic of the -- I think the intent of what they're doing is so that we always maintain it to the utmost use for the public as a regional park and -- and that if they would agree -- I don't even mind having a reverter clause there if they would agree that should they take it back that -- that it will remain in that use. MR. WEIGEL: I -- I think most of the tenets of the conceptual agreement before you today, in fact, are concerned with environmental aspects and use of the park, preservation, and public recreation. So it looks like it will be the same thing. At this point I think the grant application, the grant agreement award will have additional specifics that are alluded to here that we can address directly when it comes through. And I'm going to provide a memo from this item today to Tom Olliff, Steve Brinkman, and Jeff Moore who is assisting in the grant application so that they'll have a tickler as well as our office when the next element of this comes through. CHAIRPERSON NORRIS: Okay. Miss Filson, we're adjourned. COHMISSIONER HAC'KIE: No. Okay. ***** Commissioner Constantine moved, seconded by Commissioner Hancock and carried unanimously, that the following items under the consent agenda be approved and/or adopted ***** Item #16A1 APPROVAL FOR RECORDING OF FINAL PLAT OF HUNTING LAKES, UNIT TWO Item #16A2 RESOLUTION 96-150 AMENDING RESOLUTION 95-699 REFLECTING THE INCREASED MORTGAGE AMOUNT FROM THE FLORIDA HOUSING FINANCE AGENCY FROM $12,500,000 TO UP TO $13,000,000 AND AUTHORIZING THE SUBORDINATION OF LIEN FOR IMPACT FEES FOR TURTLE CREEK APARTMENTS, A 268 UNIT AFFORDABLE RENTAL HOUSING PROJECT See Pages Item #16A3 RESOLUTION 96-151 ADOPTING CITIZENS PARTICIPATION PLAN AND COMPLAINT PROCEDURES IN ORDER TO BE IN COMPLIANCE WITH THE DEPARTMENT OF COHMUNITY AFFAIRS POLICY ON THIS ISSUE See Pages Item #16A4 - Continued two weeks Item #16B1 ACCEPTANCE OF CONVEYANCE OF REAL RPOPERTY FOR ORANGE BLOSSOM DRIVE RIGHT-OF-WAY BY QUITCLAIM DEED See Pages Item #1682 RECOGNITION AND APPROPRIATION OF CURRENT YEAR REVENUE FOR SALES OF MAPS, PRINTS, PLANS AND SPECIFICATIONS Item #1683 BID 96-2483 FOR EXOTIC VEGETATION REMOVAL FROM THE MASTER MITIGATION PROJECT IN ORDER TO SATISY CERTAIN PERMIT OBLIGATIONS FOR VARIOUS ROADWAY CAPITAL IMPROVEMENTS AWARDED TO ENVIRONMENTAL WATERWAY MANAGEMENT IN THE AMOUNT OF $45,808 Item #1684 SUPPLEMENTAL AGREEMENT NO. 9 TO THE CONSULTING LANDSCAPE ARCHITECT SERVICES AGREEMENT WITH MCGEE AND ASSOCIATES, INC., FOR THE FINAL DESIGN SERVICES FOR LANDSCAPE AND IRRIGATION IMPROVEMENTS IN PHASE V OF THE LELY GOLF ESTATES MEDIAN BEAUTIFICATION PROJECT See Pages Item #1685 - Moved to Item #SB1 Item #1686 ADDITIONAL FUNDING APPROVED IN THE AMOUNT OF $69,800 FOR THE EMERGENCY OPENING OF CLAM PASS Item #16C1 RESOLUTION 96-152 REQUESTING AN ACCESS EASEMENT FROM THE STATE OF FLORIDA FOR PROPERTY LOCATED AT THE SOUTHERN END OF THE DELNOR WIGGINS STATE PARK See Pages Item #16D1 RESOLUTION 96-153 ADOPTING A GENERAL SIGNATURE AUTHORIZATION POLICY FOR ALL AGENCIES UNDER THE PURVIEW OF THE BOARD OF COUNTY COHMISSIONERS See Pages Item #16D2 - Moved to Item #SD1 Item #16D3 RESOLUTION 96-154 APPROVING SATISFACTION OF LIENS FOR CERTAIN RESIDENTIAL ACCOUNTS FOR THE 1992 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS See Pages Item #16D4 RESOLUTION 96-155 APPROVING SATISFACTION OF LIENS FOR CERTAIN RESIDENTIAL ACCOUNTS FOR THE 1992 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS See Pages Item #16D5 RESOLUTION 96-156 APPROVING SATISFACTION OF LIENS FOR CERTAIN RESIDENTIAL ACCOUNTS FOR THE 1991 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS See Pages Item #16D6 AGREEMENT BETWEEN COLLIER HEALTH SERVICES, INC. AND COLLIER COUNTY TO FUND THE IHMOKALEE URGENT CARE CLINIC THROUGH SEPTEMBER 30, 1996 See Pages Item #16D7 APPROVAL OF JOB TRAINING PARTNERSHIP ACT PLAN OF SERVICE FOR THE 1996 AND 1997 TWO YEAR PLANNING CYCLE See Pages Item #16El BUDGET AMENDMENTS 96-287 FOR SOLID WASTE DISPOSAL TO PURCHASE/INSTALL SAFETY PROGRAMS TO IMPROVE FISCAL INTEGRITY OF SCALEHOUSE COMPUTERS Item #16G1 CERTIFCATES OF CORRECTION AS PRESENTED BY PROPERTY APPRAISER'S OFFICE 1993 REAL PROPERTY TAX ROLL NO. DATE 238 2/13/96 1994 REAL PROPERTY TAX ROLL 196 2/13/96 1995 TANGIBLE PERSONAL PROPERTY TAX ROLL 64/65 3/13/96 1995 REAL PROPERTY TAX ROLL 177/179 1/24/96 181/182 1/24/96 187/190 2/2/96-2/6/96 198/203 2/13/96 212/213 3/13/96 Item #1662 MISCELLANEOUS CORRESPONDENCE - FILED AND/OR REFERRED the following miscellaneous correspondence was filed and/or referred to the various departments as indicated below: There being no further business for the Good of the County, the meeting was adjourned by Order of the Chair at 3:50 p.m. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL JOHN C. NORRIS, CHAIRPERSON ATTEST: DWIGHT E. BROCK, CLERK These minutes approved by the Board on as presented or as corrected TRANSCRIPT PREPARED ON BEHALF OF DONOVAN COURT REPORTING BY: Shelly Semmler