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BCC Minutes 03/12/1996 R REGULAR MEETING OF MARCH 12, 1996, OF THE BOARD OF COUNTY COHMISSIONERS LET IT BE REMEMBERED, 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: CHAIRMAN: John C. Norris Bettye J. Matthews Timothy J. Constantine Timothy L. Hancock Pamela S. Hac'Kie ALSO PRESENT: W. Neil Dorrill, County Manager Mike HcNees, Assistant County Manager David Weigel, County Attorney Item #3 & 3A AGENDA AND CONSENT AGENDA - APPROVED WITH CHANGES CHAIRMAN NORRIS: Call the county commission meeting to order on this 12th day of March, 1996. Mr. Dorrill, could I get you to -- as soon as everyone is ready, Mr. Dorrill, could you lead us in an invocation and pledge to the flag, please. MR. DORRILL: Yes, sir. Heavenly Father, on -- on this, which is the first election day of this year, we give thanks for the opportunity that we have to participate in the democratic republic process of the United States of America, which is what we feel to be the greatest nation in the world. We thank you for the right to vote. We thank you and encourage the citizens of this community to vote and exercise their opportunity to choose and make a difference in Collier County. Father, we thank you this morning, and in particular we thank you for the dedication and the interest of young people within Collier County who are here and will be recognized and are participating and interested in their government. We ask that you bless them and for the time and the dedication of those who have scheduled this program. Father, as always, we thank you for the hard work of our support staff, and we thank you for the many citizens who choose to participate in the government process here, and we ask that you bless our time here together today. And we pray these things in Jesus' name. Amen. (The pledge of allegiance was recited in unison.) CHAIRMAN NORRIS: Mr. Dorrill, do we have any changes to the agenda today? MR. DORRILL: Yes, sir. Good morning. I have just three changes to your agenda today. The first I have is a withdrawal at the request of the staff, and we will reschedule this as necessary. It's item 16(B)(2) on the public works consent agenda will be re -- withdrawn and rescheduled if necessary. Then I have two add-on items. The first appears under the board's proclamations and presentations. It will be 5(A)(3), which is a proclamation designating this week, the week of March the 10th through the 16th, as Kiwanis Week in Collier County. That's at the request of the commissioners. Then the final add-on item that I have this morning will be under other constitutional officers. It is ll(A). It is a request by the clerk as it pertains to a bond covenant review. And there is a time specific for that request. He's asking that that be heard as close to 11:30 as possible. I do need to remind you there is an agenda note that you're scheduled to have a luncheon today and will need to be able to walk over and be at the Methodist Church in order to be on time for the Know Your County Government -- COMHISSIONER MATTHEWS: It's at the museum today. MR. DORRILL: At the museum, I'm sorry. And that's all I have this morning. CHAIRMAN NORRIS: On the add-on, ll(A), what -- if it's a review, what is the urgency that requires us to put it on as an add-on? I have not been furnished any information on this. Are we going to be asked to vote on something here or -- COMHISSIONER MAC'KIE: I -- I can tell you I was asked by the clerk to -- to support this being added on today. It has to do with some arbitrage calculations for some bond issues that may require us to authorize payment today. COMHISSIONER HANCOCK: What is so pressing that I didn't even get any information on this? And I know you're not the clerk. COMHISSIONER CONSTANTINE: Good question for the clerk. CHAIRMAN NORRIS: The other thing is the clerk has his own agenda section on -- section 5, I think it is, or whatever it is. COMHISSIONER HANCOCK: Why don't we pose these questions CHAIRMAN NORRIS: Section 6. Why -- why would we add it on someplace else? What's going on here? COMHISSIONER MAC'KIE: I think -- aren't we adding it under the clerk? COMHISSIONER CONSTANTINE: Item 11 is under constitutional officers. MR. DORRILL: There is a section that's called clerk's report. I don't, frankly, know why it's not under the clerk. COMHISSIONER MAC'KIE: I asked for it to be added, so I may have just asked for the wrong section. I told them I'd asked to have it put on. So if it's under the wrong section, wherever it should go, please add it, and then maybe we can hear it at 11:30. MR. DORRILL: I was handed a packet of information when I arrived here this morning by your administrative aide, and I trust that each one of you was at least handed the same information that I have. If not, we'll make copies. COMHISSIONER HANCOCK: I got -- yesterday afternoon about 4:30 I got like a listing -- COMHISSIONER MAC'KIE: Yeah. COMHISSIONER HANCOCK: -- of things, and it wasn't very -- it didn't tell me anything, to be quite honest with you. COMHISSIONER CONSTANTINE: I don't have any objection to a constitutional officer adding something on particularly when a commissioner has agreed to it. So let's not spend too much time in discussing it now. CHAIRMAN NORRIS: Well, I do have an objection, because I was not given any information prior to this, and I'm going to be asked to vote on spending some money and time -- COMHISSIONER CONSTANTINE: We can always defer a vote. COMHISSIONER MAC'KIE: Maybe we should hear the item and then decide if we want to vote or not today. COMHISSIONER MATTHEWS: I can do that. COMHISSIONER HANCOCK: I don't know why, but I feel similar to Commissioner Norris, a little in the dark on this item. So I hear three people saying let's go ahead and hear it, so I guess it's going to stay on the agenda. But I'm not real pleased in the manner in which this has been brought forward. CHAIRMAN NORRIS: Were you given information prior to today? COHMISSIONER CONSTANTINE: I had a discussion with the clerk the end of last week. CHAIRMAN NORRIS: Were you given information? Did you have a discussion with the clerk, Hiss Hac'Kie? COHMISSIONER MAC'KIE: Yes, I did. That's how I came to add it. CHAIRMAN NORRIS: Did you have a discussion with the clerk? COHMISSIONER MATTHEWS: Yes, I did. CHAIRMAN NORRIS: Did you have a discussion with the clerk? COHMISSIONER HANCOCK: Nope. CHAIRMAN NORRIS: Was -- I did not either. Was -- is there some reason why the information was withheld from two of the commissioners? COHMISSIONER MAC'KIE: Again, I'd suggest that's a question for the clerk at 11:30 or if -- unless if he's watching and wants to come over and answer it now. COHMISSIONER CONSTANTINE: Hiss Filson, would you check my desk and see -- I don't remember seeing anything to hand out either. COHMISSIONER HANCOCK: It's a little unusual, isn't it? COHMISSIONER MAC'KIE: Yes. CHAIRMAN NORRIS: Well, it looks like we're going to add this on, but we're not going to give a time certain for it. We have other things to do, and this will fall where it falls. COHMISSIONER MAC'KIE: Then would you mind, Mr. Dorrill, calling to the clerk's office to let them know that? MR. DORRILL: Yes, ma'am. COMMISSIONER MAC'KIE: Thank you. CHAIRMAN NORRIS: Commissioner MAtthews, do you have anything additional? COMMISSIONER MATTHEWS: No, I don't. CHAIRMAN NORRIS: Commissioner Hancock? COMMISSIONER HANCOCK: No, sir. CHAIRMAN NORRIS: Commissioner MAc'Kie? COMHISSIONER MAC'KIE: No, thank you. CHAIRMAN NORRIS: Commissioner Constantine? COMHISSIONER CONSTANTINE: No. CHAIRMAN NORRIS: We need a motion then. COMMISSIONER CONSTANTINE: I make a motion to approve the agenda and consent agenda as amended. COMHISSIONER HANCOCK: Second. CHAIRMAN NORRIS: We have a motion and a second. All those in favor, signify by saying aye. Those opposed? There are none. Item #4 HINUTES OF THE FEBRUARY 7, 1996 REGULAR HEETING- APPROVED AS PRESENTED We have minutes. COHMISSIONER CONSTANTINE: Mr. Chairman, I make a motion to approve the minutes of February 7, 1996, regular meeting of the Board of County Commissioners. COHMISSIONER HANCOCK: Second. CHAIRMAN NORRIS: We have a motion and a second. All those in favor, signify by saying aye. Those opposed? ITEM #5A1 PROCLAMATION DESIGNATING THE WEEK OF MARCH 10 - 16, 1996, AS "KNOW YOUR COUNTY GOVERNMENT WEEK" - ADOPTED We'll move to proclamations. I have a proclamation here. Is Jennifer Oldhan in? Jennifer, would you please come right here and face the camera. This is all going on national TV, so you'll be seen national and worldwide. COHMISSIONER HANCOCK: Jennifer is being discovered as we speak. CHAIRMAN NORRIS: The proclamation reads: Whereas, county government is a complex and multifaceted process which affects the lives of all residents of Collier County; and Whereas, an increased knowledge of how various aspects of county government work can enhance an individual resident's quality of life in Collier County; and Whereas, Collier County 4-H, the League of Women Voters of Collier County, and the Collier County Public Schools are for the 17th consecutive year cosponsoring a teen citizenship program entitled "Know Your County Government," which program is designed to enlighten selected local high school students in the area of county government; and Whereas, it is desirable for all county residents to be knowledgeable of the county's government and how it works. Now, therefore, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that the week of March 10th to the 16th, 1996, be designated as Know Your County Government Week. Done and ordered this 12th day of March, 1996, by the Board of County Commissioners of Collier County, Florida. And I would like to make a motion that we accept this proclamation. COHMISSIONER CONSTANTINE: I'll second that motion. CHAIRMAN NORRIS: We have a motion and a second. All those in favor, signify by saying aye. Jennifer, congratulations. (Applause) MS. OLDHAN: Good morning. My name is Jennifer Oldhan, and I'm a sophomore at Barton Collier High School. I'm a member of the Corkscrew Swamp 4-H Club. We, the representatives of the future of Collier County, would like to thank the Board of Collier County Commissioners, the county manager, all the county divisions and department heads, the constitutional officers, the adults from 4-H, the Collier County Public Schools, and last, but not least, the League of Women Voters. They have worked together to make the Know Your County Government program possible. The past three weeks have been a learning experience for us. We have learned about the future plans of our county, how we will house and provide for the growing population and economy, and who will oversee and carry out these plans. We have toured and visited areas of the government that are generally overlooked, yet they provide essential everyday services and comforts like that of the water treatment plants, the Collier County landfill, and the wastewater treatment plants. We've also learned about the vast amount of public services that Collier County provides from the upkeep of our parks to the health-care services that are provided. There have been sessions about how they tax us, why they tax us, and who collects those taxes and what they do with them. Last, but not even least, we have learned about what they do with our Collier County emergency system. This is important to the people in Collier County because flooding, tropical storms, and hurricanes are often common in our area. Today we are looking forward to seeing the clerk of courts and observing the court session. We are also looking forward to -- we are also looking forward to meeting our county commissioner from our area. And in addressing the board today, we are able to add another experience to our learning component, an experience that will be shared with our fellow classmates, friends, and family in hopes of educating them. I have but one last thing to say to the group; thanks again for your support. (Applause) COMMISSIONER MATTHEWS: I guess we'll see these young people again at lunch? CHAIRMAN NORRIS: Yup, 12:30 at the museum. COMMISSIONER HANCOCK: In the meantime they'll be subjected to more of this meeting. Item #5A2 PROCLAMATION DESIGNATING MARCH 16, 1996, AS "BUILDING IHMOKALEE TOGETHER/CLEAN-UP DAY" - ADOPTED CHAIRMAN NORRIS: Our next proclamation is Building Immokalee Together/Cleanup Day, Commissioner Matthews. COHMISSIONER MATTHEWS: Thank you, Mr. Chairman. Lucy Rodriguez, is she here? Come on, Lucy. Lucy's been very, very busy organizing lots of different things in Immokalee, civic -- civic associations and main street and all kinds of stuff. She's a very busy person. COHMISSIONER HANCOCK: Informal mayor of Immokalee. COHMISSIONER MATTHEWS: Could be. A proclamation -- CHAIRMAN NORRIS: There will be a slight delay in the action. Put that in, would you? You got it. COHMISSIONER MATTHEWS: A proclamation: Whereas, the Building Immokalee Together Project is a comprehensive approach for improving Immokalee. The efforts -- the effort includes community organization, education, residential and commercial improvements, economic development and coordination with state and county agencies; and Whereas, the cleanup day is the kickoff event for the Building Immokalee Together Project; and Whereas, citizens, community organizations, government, and local businesses are working together to promote and enhance the liveability of the community; and Whereas, the stage has been set to ensure a successful campaign against litter and garbage through the gracious donations of time, money, and goods from -- and this is a long list -- Immokalee Friendship House, Immokalee Chamber of Commerce, HcDonalds of Immokalee, Immokalee Rotary Club, La Favorita Bakery, Immokalee Bakery, Daily Donuts, Immokalee Disposal Service, Immokalee Bulletin, Sunniland Country Store, Immokalee Juicy Lucy, Immokalee Winn-Dixie, United Methodist Women of Immokalee, E1 Floridida Restaurant, Redlands Christian Migrant Association, Immokalee Fire Department, Immokalee Civic Association, Radio Station WAFZ, Immokalee Beautification Committee, the First Bank of Immokalee, Immokalee Ministerial Association, Guadalupe Center, Immokalee schools and organizations, Immokalee ROTC program, New Beginnings program, NationsBank of Immokalee, Pacific Land Company, Popeye's of Immokalee, Golden Gate Rent-All, Edison Community College, Barnett Bank of Naples, Sign Craft, Ritz-Carlton Hotel of Naples, Coastal Beverage Limited, Holland-Layne Research, Keep Collier Beautiful, Collier County Housing Authority, Collier County solid waste, Collier County road and bridge, Collier County EHS, Collier County parks and rec, Collier County community development and environmental services division, Collier County facilities management, Collier County Sheriff's Department, the Immokalee redevelopment task force, Able Care, Immokalee Alumni Association, Collier Family Foundation, Collier County Extension, and individual citizens from Immokalee and throughout Collier County; and Whereas, these meritorious, time consuming, and unselfish deeds symbolize the commitment and dedication for the betterment of our children, our families, our community, and for our greater country as a whole; and Whereas, the importance of a safe and clean environment is being recognized and organized through efforts such as the Building Immokalee Together Project/Cleanup day which fosters community cooperation. Now, therefore, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that the day of March 16, 1996, be designated as Building Immokalee Together/Cleanup Day. Done and ordered this 12th day of March, 1996, Board of County Commissioners, Collier County, Florida, John C. Norris, chairman. Mr. Chairman, I move that we accept this proclamation. COMMISSIONER HANCOCK: I will second a very winded Commissioner Matthews. COMHISSIONER MATTHEWS: Whew. COMMISSIONER HANCOCK: Motion and second. CHAIRMAN NORRIS: We have a motion and a second to accept this proclamation. All those in favor, signify by saying aye. Opposed? COMHISSIONER MATTHEWS: I just want to say from the long list, which I am winded, that this is truly a community effort, and I'm -- I'm just really pleased and proud. (Applause) COMMISSIONER MATTHEWS: Do you want to tell us a few things about what's going on? The time? When it starts? MS. RODRIGUEZ: On behalf of the concerned citizens of Immokalee, we would like to extend our sincere gratitude to the Board of County Commissioners for their support of Building Immokalee Together Project in joining with community leaders and the working class and many citizens of Immokalee coming together for the same cause to fulfill our dream for a better and cleaner Immokalee and to instill pride in our community. In closing I would like to share a few words with you from Eugene Wier (phonetic). All glory comes from daring to begin. Together let's begin a yearly event to beautify Immokalee for our children and our children's children. Thank you. (Applause) COMHISSIONER MATTHEWS: Thank you, Ms. Rodriguez. Item #5A3 PROCLAMATION DESIGNATING MARCH 10-16, 1996, AS "KIWANIS WEEK" - ADOPTED CHAIRMAN NORRIS: Our next proclamation is for the Kiwanis Clubs. Is there a representative of Kiwanis here to accept this? COMMISSIONER MAC'KIE: Come on up. I'm pleased to read this proclamation this morning. Whereas, the Kiwanis Clubs in Division 27 will be receiving an official visit from the Florida district governor of Kiwanis, John L. Williams; and Whereas, Kiwanis throughout Division 27 direct their efforts in many and diversified projects for the betterment of the children in the area; and Whereas, Kiwanis Clubs throughout the county participate in the immunization clinics conducted through HRS. The number of children being immunized by age two are steadily increasing; and Whereas, Kiwanis Clubs throughout Collier County and south Lee County have worked as a team to help provide a better living environment for the entire family. Now, therefore, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that the week of March 10th through 16th, 1996, be designated as Kiwanis Week for the many contributions all Kiwanians have given to the local area. Done and ordered this 12th day of March, 1996, Board of County Commissioners, John C. Norris chairman. I'd like to move we accept this proclamation. COMMISSIONER CONSTANTINE: I'll second that motion. CHAIRMAN NORRIS: We have a motion and a second to accept this proclamation. All those in favor, signify by saying aye. Opposed? (Applause) MR. WHETSELL: Commissioner Norris, I'm Allen Whetsell, the lieutenant governor of Kiwanis for this area. Our governor, John Williams, will be coming in to visit with us this weekend. And some of the projects which we have done for the local area include the immunization clinics with the Collier County public health and Lee public health units. We have raised or helped raise the immunization coalition statistics, which we started out at 60 percent of our children being immunized by age two. This past report for District 8 we were up to the 80 percentile for immunization. So in a short four-year term we have increased our percentages for immunization as just one of our projects. Our motto for this year for our governor as he chose is called "Reach for the stars and make dreams come true," and that's what all Kiwanians throughout the State of Florida this year are trying to do. Thank you very much. CHAIRMAN NORRIS: Thank you. COHMISSIONER MATTHEWS: Thank you. Item #8D1 STATUS REPORT RE RESOLUTION OF THE FAIR LABOR STANDARDS ACT (FLSA) LAWSUIT IN THE EMERGENCY MEDICAL SERVICES DEPARTMENT - CHAIRMAN TO SIGN SETTLEMENT AGREEMENT AND NECESSARY BUDGET AMENDMENTS AUTHORIZED CHAIRMAN NORRIS: Okay. Our next item is 8(D)(1), a status report on -- to the board regarding Fair Labor Standards Act. CHAIRMAN NORRIS: Mr. Ochs. MR. OCHS: Yes, sir. Good morning, Mr. Chairman, members of the board. For the record, Leo Ochs, your support services administrator. I'm here this morning to present the board with a very brief status report on the staff's efforts to resolve a lawsuit that was filed against the county back in December of 1983 regarding the federal Fair Labor Standards Act. The federal Fair Labor Standards Act is a law passed by congress back in 1985 which, in essence, requires public sector employers to pay employees overtime for hours worked beyond a prescribed work period. Typically that's 40 hours in a 7-day work week for employees that work a 40-hour work week. As part of that federal law, an exemption commonly referred to as a 7-K exemption was written into the law which sets a different standard for overtime payment for public safety personnel. On the advice of -- of the board's labor counsel at the time and -- and since that time back in 1985, staff has processed payroll for our emergency services personnel in accordance with that 7-K exemption. Back in 1983 there was a number of lawsuits filed not only against Collier County, but many other public sector employers throughout the United States by EHS personnel claiming that the exemption did not apply. There's been several cases litigated in that regard. Mr. Bryant from the county attorney's office is here this morning to address any of the specific cases. But, in essence, as a result of -- of the rulings in some of those cases, most recently up in Lee County, EHS management has sat down with EHS employees, paramedics and EHTs, and has worked out an agreement that would maintain the high quality of medical care in the community and try to mitigate the financial impact on any settlement with the -- with the taxpayers. As I indicated in your executive summary, in essence, the agreement provides for a waiving of any potential back pay due to EHS personnel as long as -- together with a waiver of future cost-of-living adjustments for fiscal years '97 and '98. In return EHS personnel will retain their existing work schedules. The board will continue now to pay overtime for time worked in excess of 40 hours, and that is basically the parameters of the settlement. I'm very pleased to inform the board that a hundred percent of the non-plaintiffs in EHS have signed the -- the agreement, actively participated in drafting of the agreement and explanation of the agreement to their colleagues. We sent -- spent the better part of the day with the county attorney and our labor counsel and attorney for the remaining plaintiffs in court-ordered mediation yesterday. And, again, I'm very pleased to report to the board that it appears that a -- a settlement with the five or six remaining plaintiffs is imminent. And, again, I'm here this morning to answer any questions you may have. CHAIRMAN NORRIS: Questions from the board? Commissioner Matthews? COHHISSIONER MATTHEWS: What type of personnel in general are covered under this besides EHS? MR. OCHS: Commissioner, the 7-K exemption applies to firefighters, law enforcement officers, and historically emergency medical service personnel, although that's the segment of that work force that's been contested recently. Your Ochopee firefighters are treated under that 7-K exemption as are your Isle of Capri firefighters. COHMISSIONER MATTHEWS: Have we done a similar exemption -- or have we asked the employees of Ochopee and Capri to also sign this? MR. OCHS: No, ma'am. We believe, again, that -- that the federal law is very clear with respect to firefighters and law enforcement personnel that we can use the 7-K exemption and -- and we intend to continue to do that. COHMISSIONER MATTHEWS: But it -- so it's only EHS that's in dispute as to whether we can use that? MR. OCHS: At this time, yes. They're the only ones that the courts have ruled specifically on. COHMISSIONER MATTHEWS: Well, it -- I don't want to belabor this, but it seems to me that when I was at an FAC meeting last year that there -- there is a court case, I believe, from Hiami or one of the cities in Dade County about police officers requesting overtime pay for bonding with their canine dogs, number one, and, number two, requesting overtime pay for their workout time at whatever gym they happen to go to. So I'm just wondering. This is only the first it appears of several different similar cases. MR. OCHS: There's -- there's certainly potential for litigation in the future that they may have a specific effect on firefighters or law enforcement personnel, and we're -- we're watching both of those very closely. There's a series of means tests that have been standards under the Fair Labor Standards Act that you have to analyze to determine whether -- and the courts will use those same criteria to determine whether or not the 7-K exemption would apply. COHMISSIONER MATTHEWS: But they're all moving forward on a separate time line, all those other cases? MR. OCHS: As far as I know, yes, ma'am. COHMISSIONER MATTHEWS: Okay. CHAIRMAN NORRIS: Commissioner Constantine. COHMISSIONER CONSTANTINE: Mr. Chairman, I'd like to make a motion that we authorize you to sign the settlement agreements and release and take care of the necessary budget amendments. COHMISSIONER HANCOCK: Second that motion with one statement. Mr. Ochs, the people need to understand that this contract was a product of the employees of EHS initially and not administration. Those employees are to be commended for preserving the work schedule and their quality of service and maintaining it. And I think we need to recognize that. MR. OCHS: Thank you, Commissioner. I couldn't agree with you more. Actually this has been an item that's been very contentious and somewhat divisive throughout the country, and I think it's a real credit to your paramedics and EHTs in our system that they have taken the community's interest to heart here and worked with us to settle this. COHMISSIONER HANCOCK: Agreed. CHAIRMAN NORRIS: Any public speakers, Mr. Dorrill? MR. DORRILL: No, sir. CHAIRMAN NORRIS: We have a motion and a second. All those in favor, signify by saying aye. Opposed? There are none. Thank you very much. MR. OCHS: Thank you. Item #9A REPORT ON THE 13 FT. EMERGENCY ACCESS EASEMENT RELATING TO "VILLA FLORESTA AT WYNDEHERE PHASE II" - COUNTY ATTORNEY DIRECTED TO FILE A LETTER WITH DEVELOPMENT SERVICES REGARDING THE ACCESS EASEMENT CHAIRMAN NORRIS: Our next item is -- gosh, we're already onto the county attorney's report. That was quick. Mr. Weigel, 9(A) is a report on the Wyndemere emergency access. MR. WEIGEL: Good morning, Mr. Chairman and Commissioners. I'm happy to report back to you this week the progress that I believe we -- favorable progress we've obtained on this matter. You may recall this last week. I discussed and -- and Mr. Jerry Dobrovolny discussed with the board members the fact that a very long cul-de-sac street in the Wyndemere subdivision was lacking -- officially lacking in emergency ingress and egress that was failed to be depicted upon the plat that was approved back in 1987. In speaking with Mr. Tom Haloney, attorney with Quarles and Brady, attorney for Wyndemere Farms, the original developer, and Mr. A1 Viggiani of Wyndemere Farms and with the engineers of Wilson, Miller, Mr. Tom Peek and John Boutwell, I have had provided to me for my review a proposed surveyor's affidavit that describes and would be recorded and also be depicted on the plat indicated two changes to show what the plat should have been and should have reflected from eighteen -- 1987 and onward. Those two elements pertain to a lot 34 of the plat, a pie-shaped lot, adjoining another pie-shaped lot 35 on the plat. And on lot 34 what has been previously depicted as a drainage easement would be noted that it should have been labeled a utility easement within a 10-foot area on the north part of the pie-shaped lot. And also in the north part of that lot along the same area contiguous with the utility or drainage easement should have been a 13-foot emergency access easement. And they have provided me -- in fact, I just received five minutes ago the sketch accompanying their proposed surveyor affidavit, a sketch showing the emergency ingress-egress easement as it should have been on lot 34. Now, I do note that this lot has been built on. And it appears that a sidewalk may encroach into that lot. I've also been apprised from development services that a wall of the home on lot 34 encroaches within the easement area. These are -- these are both impediments to the full and appropriate access that should be provided and would need to be cured. I am confident, however, that the filing of this affidavit and the notation on the plat will serve as a good and appropriate record to the present owner, Anderson Development, as well as any future owner of the problem that exists, particularly with lot 34. Beyond that I would request and my professional suggestion is that I file a letter with our development services department specific to lots 34 and 35 of this subdivision of the plat that indicates that no building permit or any type of developmental permit or order should come forth from development services for lot 34, 35 until the access easement is either appropriately provided for on lot 34, physically provided for. And if it's not, then lot 35 will continue to serve as it does presently as part of the access easement area. And I believe there may be a speaker. Mr. Dobrovolny is here with whom I met this morning also. CHAIRMAN NORRIS: Commissioner Hancock. COHMISSIONER HANCOCK: Jerry, go ahead and come on forward. I just want to -- due to prior board action, we basically got the attention of the right people here, and they willingly took the appropriate steps to resolve this. I am going to access -- I'm going to give direction that Mr. Weigel has suggested to provide that letter to development services to insure that the 13-foot easement occurs on lot 34, and if not on 34, 35 will continue to function as such. So I think that's a sufficient safeguard, and I just want to thank the county attorney and Mr. Dobrovolny for his persistence on this and -- MR. DOBROVOLNY: My name is Jerry Dobrovolny. I was prepared to make a strong statement this morning. However, I want to take this opportunity to thank Mr. Weigel and the county commissioners for hearing this and resolving this in a -- in a reasonable manner. I would hope that the resolution of this would be forthcoming as soon as possible so that we can write this off and I don't have to come here anymore. Thank you. COHMISSIONER HANCOCK: Are you trying to say you have better things to do, Jerry? MR. DOBROVOLNY: Golf. COHMISSIONER HANCOCK: Mr. Weigel, you don't need any further direction than what's -- MR. WEIGEL: No. COHMISSIONER HANCOCK: Is there any objection to the recommendation to file a letter with development services? COHMISSIONER HAC'KIE: I just have one question. How -- and this is going to be recorded in the public records? MR. WEIGEL: That's correct, at Wilson, Hiller's expense. CHAIRMAN NORRIS: Do you need a motion, Mr. Weigel, or are you clear enough in your direction? MR. WEIGEL: I think I'm clear enough, and the record reflects the intent. CHAIRMAN NORRIS: Good enough. Item #9B RESOLUTION 96-134, POLICY TO COORDINATE ELECTION PETITIONS - ADOPTED WITH CHANGES AND EFFECTIVE DATE UPON APPROVAL We'll move on to 9(B), the proposed policy to coordinate election petitions. Commissioner Constantine, you may have something to say about this one. COHMISSIONER CONSTANTINE: Yeah, I did -- I talked to Mr. Weigel this week, and we had a couple of things. I also talked with the League of Women Voters, and I know there's at least one, maybe a couple of representatives here. And the one idea that I mentioned last week to Mary Morgan had brought forward and I asked the League of Women Voters about, and they had agreed that it might be a good idea, and that is an increase of the percentage required if an issue comes back again within a four-year span so that rather than 10 percent, it would require 15 percent and 20 percent and so on, a gradual increase to avoid abusive use. CHAIRMAN NORRIS: Your base proposal is to start at 10 percent? COMMISSIONER CONSTANTINE: Correct. CHAIRMAN NORRIS: Okay. COMMISSIONER HANCOCK: I'm sorry. Can I ask where the verbiage of that change is? COMMISSIONER CONSTANTINE: Sure. Mr. Weigel may need to help me. One thing I wanted to be sure -- and this just occurred to me as I was reading it over the weekend -- that we make sure that it's the return of the subject as opposed to the exact wording, because one person can alter one word in their petition -- COMHISSIONER MAC'KIE: No. COMHISSIONER HANCOCK: Nobody would do that. COMMISSIONER CONSTANTINE: Mr. Weigel, perhaps you can help me out with that. MR. WEIGEL: I would hope that I could. Incidentally, this -- this came back on the board agenda rather quickly obviously from last Tuesday's agenda. And so I endeavored in the short time frame we had to make some clarifications and -- and for the record I would like to be able to make a few more as well as address Mr. Constantine's issue that he just mentioned. I also had opportunity to -- to meet with the supervisor of elections who had a couple suggestions of her own, which I think are appropriate to bring before the board at the present time. A couple kind of prefatory remarks. I had attempted to -- where the word commission appeared to have the word board inserted or board in a possessive form inserted as appropriate, and throughout this draft policy where the words in brackets ordinance or rule showed up, I -- my endeavor was to strike through those. And I noted that I had missed a couple places in the -- in the petition along that line. On page 2 in paragraph numbered 2 on the fourth line of that paragraph, there is a -- a non sequitur, the word have is. It says "electors have can readily," and the word "have" should be omitted. And on page 3 on paragraph number 6, again the words ordinance or rule should be removed in the final policy. On page 4, paragraph 11, I've had the suggestion to add at the end of the paragraph following the words "24 months," which is the end of the paragraph, "from date of invalidation," the words "from date of invalidation" to be -- to be added there. For your attention, on page 5 under subparagraph C at the top, following that there's -- you'll note that there's a one-sentence paragraph and then a rather large bracketed paragraph which is informational which suggests a place where current ordinances that do provide for specific percentage requirements may be placed there for information purposes. I have not crafted language to go in there but thought I'd bring it to your attention now that the language I would suggest is that we reference the two or three ordinances that we have for lighting and drainage districts and also provide the proviso "or any others that may come to be created" just to put people on notice within the policy that there may come to be some requirement outside of this policy by ordinance, although I don't expect that to happen once the policy is in place. We don't want to fetter the board with its ability to draft ordinances in this regard, because this is merely a policy to be adopted by resolution. On page 6 of the draft policy, subparagraph 2 toward about -- about 3 inches down from the top of the page is talking about size of the paper to be used for the petition. And there is a bracket at the end of subparagraph 2 mentioning or 14 if that is the board's choice. I would suggest the board may wish to make a choice. The operative issue there is what works well for the petitioners, what works well for the manager's office for filing purposes or any -- what is more wieldy or unwieldy, an eight-and-a-half-by-eleven letter-size petition document or eight and a half by fourteen, particularly with some of the postscripts that need to be placed at the top, information and statutory -- statutory language that we -- COMMISSIONER CONSTANTINE: Just a thought before we move on. Considering we're requiring the wording to appear on each page and we're trying to make it as easy as possible, I think it would make sense to have the extra -- CHAIRMAN NORRIS: The 14 inch. COMMISSIONER CONSTANTINE: I do, too. CHAIRMAN NORRIS: There should be no objection to 14 inch. COMMISSIONER HANCOCK: I didn't find any. MR. WEIGEL: And the question may be -- is that you may not care which one it is. CHAIRMAN NORRIS: Uh-huh. MR. WEIGEL: There may be -- but that's not your -- you're not necessarily limiting someone to have to use fourteen inches or that you're not going to just out of hand by policy throw out an eight and a half, eleven-inch one because it works for the people, does it not work for us. It can be crafted to show both ways if you like. Also on page 6 -- COMMISSIONER CONSTANTINE: We're on page 7 now. MR. WEIGEL: You are? CHAIRMAN NORRIS: Six. COMMISSIONER CONSTANTINE: I'm looking at page 7. MR. WEIGEL: Oh, pardon me. I'm reading page 6 of the document itself, page 7 as listed on the agenda. At the bottom of page -- toward the bottom of page 6 in line 7, it has in quotes, county manager's determination of sufficiency on blank date or patens date. The recommendation is to put "county manager's determination of sufficiency as to format," because that's the duty of the county manager in his review of the petitions that are submitted or prepetition that's submitted. The word initiative appears throughout, such as Collier County citizen initiative petition number. And a suggestion has been made that the word initiative be removed throughout just so as not to confuse the public or staff or anyone that this is actually a local policy and distinct from the Florida Administrative Code citizen's initiative rules for petitions that exist under the Florida Administrative Code. And -- and that's the sum of my comments for changes that the board might consider in -- in considering this policy. A second thing that I would mention is an effective date. If the board should elect to adopt the policy, they would -- they would be utilizing a resolution, which I would prepare, and you may wish to determine an effective date. That effective date really only means anything in regard to any previous petitions that you have on file right now. You may wish to as a board speak to any previous petitions, whether it's for Naples Park drainage district or any others that may not have met the qualifications that are here, but they were gathered and submitted some significant time ago. And I have had some citizen inquiry to my office as to what would be the status of any previous petitions that happened to be with the board. And I explained to the citizen that inquired that it would appear that those are -- are unaffected by this new policy and that they are accepted for what they are based on what they may have or may not have on them, the clarity of any question or issue that they have, and -- and that was the extent of my comment to them at that point. COMMISSIONER HANCOCK: Two things. First, I'd like to put this in English for our guests here. What the board is considering here today is a petition that will allow people in the community to put questions on the ballot for election. In other words, if -- if you want something in the community, you can now go out and get a certain number of signatures and place it on the ballot. So that's what we're considering. Maybe we should have done that about 10 minutes ago. My question regarding the percentage, economic percentage, in paragraph 24 of page 6 it states that a petition that is turned down by the voters shall not -- the subject of that petition shall not come back for 36 months except as otherwise required by law. Does this, in fact, take care of most of the petitions if it -- if we get a 10 percent signature amount that fails -- if the referendum fails, which -- when you say accept as otherwise required by law, which ones are we talking about, because that would almost eliminate the required -- the incremental percentage point that we've been discussing. MR. WEIGEL: Well, that's the safety valve that I added there, "except as otherwise required by law," because you can reach out -- I don't know that we can come up with anything off the top of our head that would -- in which there is an absolute ability to petition ad nauseum or with great repetition within a short period of time, but that -- that's rather absolute as stated right there. COMMISSIONER HANCOCK: I'm sure that someone limiting the requirement -- because it says take your best shot, because you got three years before you can do this again, and that may be enough without doing the incremental stuff. COMMISSIONER CONSTANTINE: And the whole idea behind this is fairly simple. We currently have no policy. We can either accept things and put them on a ballot or reject them at political whim, and this creates a specific policy. I think you're right; that may cover the desire. CHAIRMAN NORRIS: I have a couple of questions, Mr. Weigel. I assume that this will not affect any statewide petitioning process? MR. WEIGEL: No. That's covered under Florida Administrative Code. CHAIRMAN NORRIS: Okay. And the second one is will this affect any referendum initiative that the board decides to put on? I mean, if the board of commissioners decides to put something on the ballot, do we have to go out and get 10 percent signatures as well? MR. WEIGEL: No, absolutely not. Under your home rule power, Chapter 125, you have all those powers, and they're not in any way -- CHAIRMAN NORRIS: So this is merely citizen-driven petition drives. MR. WEIGEL: Yes. COMMISSIONER CONSTANTINE: So, for example, a bridge. CHAIRMAN NORRIS: I understand. COHHISSIONER MATTHEWS: Well, let's talk about a jail. CHAIRMAN NORRIS: Okay. COHMISSIONER HANCOCK: Let's not. COHMISSIONER MAC'KIE: Let's not. CHAIRMAN NORRIS: Let's not. Are there any other further questions from the board? COHMISSIONER CONSTANTINE: Any speakers? CHAIRMAN NORRIS: Any speakers, Mr. Dorrill? MR. DORRILL: No, sir. COHMISSIONER HANCOCK: I'll make a motion that we adopt the item as presented to us with the changes mentioned by Commissioner Constantine and Mr. Weigel. COHMISSIONER MATTHEWS: Second. COHMISSIONER CONSTANTINE: Effective date. COHMISSIONER HANCOCK: Effective date, Mr. Weigel? MR. WEIGEL: The effective date can be today or tomorrow. COHMISSIONER HANCOCK: Today sounds good to me. COHMISSIONER CONSTANTINE: And reserve the resolution. COHMISSIONER MATTHEWS: Effective on approval, is that what we're saying? COHMISSIONER HANCOCK: Yes. I'll amend my motion. COHMISSIONER CONSTANTINE: Second. CHAIRMAN NORRIS: We have a motion and a second. All those in favor, signify by saying aye. Opposed? Item #10A RESOLUTION 96-135, APPOINTING MARVIN COURTRIGHT TO THE AIRPORT AUTHORITY - ADOPTED Being none, we'll move to item 10(A), appointment of member to the airport authority. COMHISSIONER CONSTANTINE: Mr. Chairman, I'd like to make a motion we approve Marvin Courtright. He served before, did a very good job before. COMHISSIONER HANCOCK: Second. CHAIRMAN NORRIS: We have a motion and a second. All those in favor, signify by saying aye. Those opposed? COMHISSIONER MATTHEWS: I'm going to vote against it because the city has asked us to appoint Claudia Davenport. I didn't get a chance to input there. CHAIRMAN NORRIS: That motion passes four to one. Item #10B RESOLUTION 96-136, APPOINTING KENT KOLEGUE TO THE GOLDEN GATE COHMUNITY CENTER ADVISORY COHMITTEE - ADOPTED Item 10(B), appointment of member to the Golden Gate Community Center Advisory Committee. COMMISSIONER CONSTANTINE: Mr. Chairman, one opening, one applicant. I move to approve that applicant. COMHISSIONER MAC'KIE: Second. CHAIRMAN NORRIS: We have a motion and a second. All those in favor, signify by saying aye. Those opposed? Item #10C RESOLUTION 96-137, APPOINTING JOHN DOUGHERTY, JULIE BURT AND DONALD YORK TO THE TOURIST DEVELOPMENT COUNCIL - ADOPTED Being none, item 10(C), appointment of members to the Tourist Development Council. COMMISSIONER HANCOCK: Mr. Chairman, we have one of recommendation John J. Dougherty, three vacancies. I'd like to propose the second vacancy be filled by Donald J. York. Is there a preference on a third or a readvertisement that the board feels strongly about? COMHISSIONER MAC'KIE: I like the Don York appointment. COMMISSIONER CONSTANTINE: I might suggest a third person, Julie Butt. I liked the idea of a -- we have a number of large hotel facilities represented, and that's a smaller hotel and I think as a result still a hotelier, but kind of a different point of view. COMMISSIONER HANCOCK: I'll make that a motion that we appoint John Dougherty, Donald J. York, and Julie Butt all to the Tourist Development Council. MS. FILSON: May I ask one question? CHAIRMAN NORRIS: Yes. MS. FILSON: Commissioner Constantine, do you -- is Julie Butt going to be in the owner/operator category? COMMISSIONER CONSTANTINE: You have to ask the motion maker. COMMISSIONER HANCOCK: Of the three vacancies, how many owner/operator vacancies are available? MS. FILSON: Two. COMMISSIONER HANCOCK: Yes, then. CHAIRMAN NORRIS: She'll be filling the vacant term; correct? MS. FILSON: Okay, for Mr. -- COMHISSIONER HANCOCK: Okay. Then I'll amend my motion to indicate that Julie Butt will be filling the vacant term. CHAIRMAN NORRIS: So we have a motion and a second to appoint Julie Butt to the owner/operator vacant term, Donald York as the at large, and John Dougherty as owner/operator category. All those in favor, signify by saying aye. Opposed? Item #10D RESOLUTION 96-138, APPOINTING ELAINE WICKS AND GAYE STAN TO THE PARKS AND RECREATION ADVISORY BOARD - ADOPTED There are none. 10(D) is member -- appointment of members to the Parks and Recs Advisory Board. COHMISSIONER CONSTANTINE: I'd like to see one of the folks be Gayle Stan. She's done a number of things with kids and with recreation, not the least of which is the Gulf Coast Skimmers. MR. HANCOCK: I agree. I don't know the other two. Do we have a recommendation from the Parks and Rec Advisory Board? CHAIRMAN NORRIS: Yes, we do. The recommendation is Elaine Wicks and Gayle Stan. COHMISSIONER HANCOCK: I'll make a motion for Elaine Wicks and Gayle Stan. COHMISSIONER CONSTANTINE: I'll second that. CHAIRMAN NORRIS: We have a motion and a second. All those in favor, signify by saying aye. Opposed? Mr. Dotrill, one of these applicants was -- the one that was not appointed here today has a current contract to provide services for the county. Is -- would that disqualify him from applying for one of these boards? MR. DORRILL: I wouldn't think so. Under the ethics laws is only in the event that there is a conflict. As long as that conflict -- they're not precluded from participating. CHAIRMAN NORRIS: Just a matter of curiosity. COHMISSIONER MATTHEWS: I think the only one they would be precluded from applying for would be the privatization committee where we have specific limitations on people doing contract business with the county. Item #10E DISCUSSION AND DIRECTION CONCERNING REIMBURSEMENTS FROM LEE AND CHARLOTTE COUNTIES REGARDING TRI-COUNTY LOBBY COALITION - BUDGET AMENDMENT APPROVED TO RESTORE MONEIES IN THIS ACCOUNT CHAIRMAN NORRIS: Okay. Item 10(E) is a discussion and direction concerning reimbursements from Lee and Charlotte regarding tri-county lobby coalition. COMMISSIONER MATTHEWS: Yeah. This is not a really difficult thing. Last June when we approved the budget, we approved fifty-four hundred dollars in expenditures for our lobby coalition effort in Tallahassee. And somehow twenty-three hundred dollars of that money was budgeted as revenue coming in from Lee and Charlotte County. And what that twenty-three hundred dollars is designed to do is offset a hundred percent of the rent that we -- that we pay. Collier County pays a hundred percent of the rent, and Charlotte and Lee reimburse us. COMMISSIONER CONSTANTINE: So we receive a check from the other two counties, and it went into general revenue. COMMISSIONER MATTHEWS: It went into general revenue. And as a result we had fifty-four hundred dollars in the budget. We paid like forty-four hundred dollars out in total rent. And there's not enough money. So the motion is to make a budget amendment as prepared by Ms. Filson to restore the monies in our expense. COMHISSIONER CONSTANTINE: And the money was provided by the other two counties? COMMISSIONER MATTHEWS: Yes, it was. COMMISSIONER HANCOCK: Give a little more direction this year. Make sure we don't let that happen again. COMMISSIONER MATTHEWS: We won't let that happen again, right. COMMISSIONER CONSTANTINE: Motion to approve. COMHISSIONER HANCOCK: Second. CHAIRMAN NORRIS: We have a motion and a second. All those in favor, signify by saying aye. Opposed? There are none. COMMISSIONER HANCOCK: Fine budget amendment, Miss Filson. COMHISSIONER MATTHEWS: Fine job. Item #11A BOND COVENANT REVIEW - AUTHORIZATION FOR BUDGET AMENDMENT AS REQUESTED BY CLERK, WITH A MAXIMUM OF $32,700 COMING FROM GENERAL FUND RESERVES AND TO BE RATIFIED ON 3/19/96 CHAIRMAN NORRIS: Our next item is item ll(A). The clerk has an item that he wants to present. MR. MITCHELL: Good morning, Commissioners. For the record my name is Jim Mitchell. I'm the director of finance. COMMISSIONER HANCOCK: I'm sorry, Jim. I'm going to interrupt you for just a second. And I don't expect you to answer for -- for Mr. Brock. If he were here, I would address this question to him. In our discussion to put this item on the agenda, it was discovered that three commissioners had been contacted, had met with the clerk on this item, and two commissioners had not in any way, shape, or form. In light of the individuals we have here today, these young people, that I'm sure communication and government -- this is important to them as anyone. I think this is an example of less than acceptable communication, and I'm uncomfortable being asked to make a decision today. And I'm not blaming you. You are not the clerk. But I'm uncomfortable being asked to make a decision today when I was excluded from discussions and, in fact, no attempt was made to contact me on this item. So unless Mr. Brock is here to clarify that, I -- I have no interest in hearing this item until I receive at least the minimum information that my colleagues have received. MR. MITCHELL: Well, we can -- Mr. Brock is not here currently. He is expected. COMMISSIONER HANCOCK: Okay. MR. MITCHELL: If you would like to hear from him before we make the presentation -- COMMISSIONER CONSTANTINE: Just a couple thoughts. One, having heard it -- and I understand your comments. I think we need to hear the item, because having heard it is of some import. However, I think also important is the communication you're speaking of, and we need to clarify that perhaps as a separate item. And when Mr. Brock comes, I would ask the same question. But I'd ask if we could go ahead and hear the item, because I do think it's fairly important. CHAIRMAN NORRIS: Mr. Mitchell, is there any reason why we need to hear this today? Is there a time constraint? MR. MITCHELL: Yes, sir. There is a significant time restraint. First we have got the deal that has to do with arbitrage rebates to the Internal Revenue Service. And it is time specific that we get payment out immediately to avoid any potential penalties. If you would like for me to go ahead and proceed with the presentation that I have, I'd be more than welcomed to do that. If you wanted to wait for Mr. Brock -- CHAIRMAN NORRIS: He's right behind you. MR. MITCHELL: Mr. Brock is here. Very good. MR. BROCK: Yes, sir. CHAIRMAN NORRIS: Mr. Brock, the question has been raised as to why -- why you communicated this information with three of the commissioners and deliberately excluded two of the others. Why was that? MR. BROCK: Commissioner, I did not deliberately exclude two of the others. Contrary to your statement, I had to contact three of the commissioners to get it on the agenda. The reason that this particular item was not placed out in front of the public in the open was that this county has all sorts -- all sorts of liability exposure as a consequence of what has transpired over the last 11 years. And I was advised by legal counsel and by the accountants that if the Internal Revenue Service found out about this before we had taken care of it, that we could realize some of that liability. So my intent was to try to avoid that at all costs. COHMISSIONER HANCOCK: So you met with the three commissioners you could trust, and the two you couldn't you left out? What am I missing here, Mr. Brock? MR. BROCK: That's your statement, Mr. Constantine, not mine. COHMISSIONER HANCOCK: I'm not Mr. Constantine. MR. BROCK: I mean Mr. Hancock -- not mine. If that's the way you feel, that's fine. That's not my statement; that's yours. COMMISSIONER HANCOCK: We've talked about communication for a very long time, Mr. Brock, and I want you to know that I'm disappointed in the way this has developed. I'm disappointed in the fact that you chose to communicate with a portion of this board and not its entirety, and I'll leave it at that. MR. BROCK: Well, Commissioner Constantine -- I mean, Commissioner Hancock, let me address another problem that I have in communicating with the members of this board. In September of 1995 with the investment portfolio -- I'm in the process of trying to obtain bids on some of the bonds that we had, and I'm advised by a Miss Susan Grasp (phonetic) back in September the llth, 1995, by letter that one of your employees, Mr. John Yonkosky, was obtaining information at the same time that we were going to Meridian for bids pertaining to pricings on bids. So I have a little bit of concern about information escaping the county commissioners' chambers, getting out to county staff, and as a consequence, becoming detrimental to the people of this county. COMMISSIONER MAC'KIE: So let's move on and hear the item. MR. BROCK: Would you like to see a copy of this, Mr. Hancock? COMHISSIONER HANCOCK: Oh, I'd love to. COMMISSIONER MAC'KIE: May -- may we move on with the presentation? MR. BROCK: That's fine with me. COMHISSIONER MAC'KIE: Mr. Chairman, may we? MR. BROCK: Let me explain to you in general terms what has transpired. In 1986 this bond began issuing bonds, and in the bond covenants it is required that arbitrage calculations be computed and -- to identify what arbitrage is, arbitrage is the difference in what we pay on tax-exempt money that we get and what we earn by investing that money. And because we are paying tax-exempt rates, if we earn more on that money than what we are paying for it in a very general concept, we pay that to the Internal Revenue Service. And in 1995 the finance director in my office at that time discovered that we had problems with arbitrage, and we went out for an RFP. Three firms responded to provide us with arbitrage calculations. One of those firms was Arthur Anderson, who was at that time our external auditors. They were the low bid, and they were our external auditors, and we engaged them to do arbitrage calculations. When they went through the process of looking at all the bond covenants, they determined that the arbitrage calculations had not been done as is required by the bond covenants and that those that had been done had been done incorrectly, and we had overpaid. I will turn it over to Arthur Anderson; Neighbors, Giblin; and Jim from my office to present it from there. MR. MITCHELL: Once again, Jim Mitchell with the finance department. Mr. Brock is correct; we have engaged the services of Arthur Anderson to go through and take a total look at our bond issuance requirements looking at covenants. And what they found out was every bond that we had issued since 1986 had either a covenant that we would perform an annual calculation, or we would have an independent party perform the calculation on what is known as the rebate date. What I'm looking for today from this board is the authority to go ahead and make the payment to the IRS. We have calculated the rebate plus the interest through today. I'm also looking for the author -- authorization to make the budget amendments to not only recognize the current liability due to the IRS, but also the -- from a financial state -- statement standpoint, future liabilities that will be due the IRS, and also the amendments to make payments to Arthur Anderson for the calculation. The -- the amount of the liability as it sits today is approximately $842,632. And that's made up of three components, the current portion which is the rebate that's due on three specific bonds, the interest thereto related, the fees that are due Arthur Anderson for the calculation, and also those bonds that have liabilities. It's just that the cal -- calculation date has not Come. The three bonds that are in question, one of them is the 1988 capital improvement bond. That one has a rebate past due of approximately $233,300 with interest on that of $44,271 for a total past-due amount of $277,571. COMMISSIONER MAC'KIE: Past due since what date? MR. MITCHELL: That particular one is past due since September 30th of 1992. The second bond that we have a rebate issue with is the 1989 Marco Island beachfront renourishment facilities MSTU. That was a five-million-dollar issue, and the rebate that's past due is $194,100. The interest on that issue is $19,051.65 for a total this is due to the IRS of $213,151.65. That particular rebate was due on September 30, 1993. The third one is a line of credit revenue note, which is known as D-3. It was an original issue of $2,920,850. This one was refunded on April 23rd of 1993, which meant -- means that it was discharged, and you would have 90 -- or 60 days to make payment to the IRS. The rebate calc due on this one is $5,906.97 with interest of $723.84 for a total amount due of $6,630.81. The total rebate past due is $497,354. The calculations that I have just presented to you is carrying interest through to today. As Mr. Brock alluded, we are significantly past due on these payments, and there is a potential for a penalty. On these type of payments, the penalty is 50 percent of the rebate itself. We have prepared all of the filings that need to be prepared. We're ready to file. We're just looking for the authorization today to make payment. I have gone through -- my staff has gone through and looked at the fiscal impact on making payment today, and there are dollars available in the bond funds with the exception of a few. And that is those ones that were discharged prior to date. The total impact to general fund reserves is expected to be $32,700. The rest of the monies are available either in the debt service fund, the construction funds, or the reserve funds. I have brought with me today Steve Miller with the firm Neighbors and Giblin who is bond counsel on this issue, also Miss Joan DeMarco (phonetic) who is the manager for the arbitrage services group with Arthur Anderson out of Philadelphia, Pennsylvania, and we'd like to address any questions that you may have. CHAIRMAN NORRIS: I have one. Who discovered that we were not doing this appropriately? MR. MITCHELL: It's my understanding, Commissioner, that it was an issue that came about in the early summer of 1995, which would have been my predecessor, Miss Kathy Hankins. CHAIRMAN NORRIS: It was discovered almost a year ago, and all of a sudden it's a emergency today? I'm not sure that makes a lot of sense. MR. MITCHELL: It's a time element where -- these calculations just don't happen overnight. We had to go through the RFP process to get someone on board to do them. Once we had somebody on board, we had to go through and review all of the bond covenants. We had to go back to 1986 and look at every transaction that occurred in regard to these bond funds. The type of work that's done here, it does not happen overnight. And I agree with you; it does seem to be somewhat of a time element, but it is, as you can see, a very time-sensitive issue. MR. BROCK: Commissioner, let me respond to that. In August -- I think it was August of 1995, we identified a concern. At that point in time we engaged -- or we went out for an RFP. It obviously took time for that RFP to take place. These calculations are not sitting down and adding one number to another one. It's much more complicated than that. We went out with the RFP. The RFP was for a limited number of issues. When the issue became apparent that it was much larger than what we had originally anticipated, we expanded the scope of it. And, again, we expanded the scope of it based upon the representations of the accounting firm and legal representation that if the Internal Revenue Service discovered this before we had reported it, that we would be in a much worse position in getting them to waive any penalties than we would be if we reported it all to them at once. That was a long, involved process, and we did it in a manner in which we intended to limit the exposure of the people of this county to any more losses. COMMISSIONER HANCOCK: As a follow-up, so, Mr. Brock, from 1995 until now there has been no notification to the IRS that we believe that we owe money and that we are investigating it? MR. BROCK: That is correct, Commissioner, because we did not know that until about two weeks ago for a fact when we got the draft report from Arthur Anderson. COMMISSIONER HANCOCK: But between 1995 and now, had the IRS discovered it, we would have been penalized; is that correct? MR. BROCK: Commissioner, I do not know that for a fact. We may still be penalized. It was represented to us that we would be in a much worse position if they found out about it before we had corrected the problem and reported it than if we took care of it and dealt with it in the manner in which we have dealt with it. COMMISSIONER CONSTANTINE: I think the point is Mr. Brock's office discovered a problem and tried to discover the exact nature of that problem and is now prepared to report it to the IRS so we can hopefully further avoid any penalty. And while I understand some communication may not have taken place that probably should have taken place, hopefully we can keep the two separate for the time being. CHAIRMAN NORRIS: Did the board -- did the investigation by Arthur Anderson require board authorization for expenditure of funds to Arthur Anderson? MR. BROCK: It will, Commissioner. CHAIRMAN NORRIS: It has not to this date? MR. BROCK: It has not to this date. I have appropriated the funds in my budget, and you will be receiving a bill from me. The requirement that this take place is part of the bond covenants that you passed. And I might add on two of the biggest ones the responsibility of calculating that rests upon the board or its designated agent. CHAIRMAN NORRIS: Which is you? MR. BROCK: No. I'm sorry, Commissioner, it's not me. The clerk is identified in some of the bond covenants as being the one, but in those two it's not me. But something that hasn't been gone over by Mr. Mitchell is that if there were some calculations that took place and those calculations that took place were incorrect -- it was brought to this board. The board approved expenditure of monies, and there's about $200,000 worth of money that this board approved to be expended in arbitrage payments which were incorrectly calculated, and that will be presented at some point in time also. COMMISSIONER MAC'KIE: So there was an overpayment? MR. BROCK: That is correct. CHAIRMAN NORRIS: Commissioner Mac'Kie. COHMISSIONER HAC'KIE: My -- a question that comes to mind is where was the -- where was our external auditor in this process, and why didn't they bring it up that these arbitrage calculations weren't made? MR. HITCHELL: Commissioner, that's a question that we also have. If you look at the general scope statement of the auditors that were engaged at that particular time -- COHMISSIONER HAC'KIE: Which was Coopers and Lybrand. MR. HITCHELL: Yes, ma'am, it was. They did have a -- part of their scope included verifying or determining that the county was in compliance with all of its bond resolutions. It does have to be noted that in fiscal year 1992 there was a management letter comment that addressed the arbitrage issue, but there was no further comments made in 1993 or 1994. COHMISSIONER HAC'KIE: What does that mean, there was a management letter comment? MR. HITCHELL: They identified a weakness in regard to the way that arbitrage was being managed, and they brought it forward in what's known as the management letter comment that's reported to the auditor general. COHMISSIONER HAC'KIE: In what year? MR. HITCHELL: In the fiscal year ending September 30th of 1992. COHMISSIONER HAC'KIE: Did they perform the external audit in '93? MR. HITCHELL: In '94. COHMISSIONER HAC'KIE: And were they satisfied that we were doing it right in '93 and '94? MR. HITCHELL: As I was not here at that time, I would -- I can't answer that. COHMISSIONER MATTHEWS: Commissioner Hac'Kie, let me comment that typically -- and I don't know the background behind this particular management letter, but typically if there is a concern stated in a management letter which is no longer stated in subsequent letters, it's a prima facie assumption that the problem's corrected itself. MR. BROCK: I think it's more than that, Commissioner. I think it's stated in the prior years' comments. It says the deficiencies other than identified below have been corrected. COMMISSIONER MATTHEWS: But we -- we won't know that without looking at the work papers to see if they truly looked at it. COMMISSIONER MAC'KIE: So are we doing that? MR. BROCK: Well, we went back to the work papers from Coopers and Lybrand. I did a demand to look at the records of Coopers and Lybrand work papers for 1994, and I sent Mr. Mitchell and my internal audit staff over to look at those work papers. And in those work papers we discovered a letter that had been written in December of 1995 by, I think it was the in-charge to the partner, Phyllis Jones, which indicated that they did no arbitrage work in 1995. We have requested that they provide us with that document and one other document, and they provided us with the other document but have failed to provide us with the copy of the letter that was sent. CHAIRMAN NORRIS: Commissioner Constantine. COMMISSIONER CONSTANTINE: You mentioned there was an overpayment -- MR. MITCHELL: Yes, sir. COMMISSIONER CONSTANTINE: -- on a couple -- in a couple of situations. Is there a way to recover that overpayment? MR. MITCHELL: Working in conjunction with Arthur Anderson and also bond counsel, we feel there is a way to it do it, recover, request a refund from the IRS. However, we have taken the position that we're dealing with two issues here. One of them is to become current on our current liability, and then once we have got through the penalty phase of that, we go after the refund. It's also our understanding that anytime you request a refund, you're running the flag up the flag pole, and it's an automatic audit. We would like to do two separate issues. First of all, we'll address the current issues due the IRS, which we plan to have in the mail today overnighted to the IRS. Once we get through the 90-day penalty period, then we'll go after the refund. CHAIRMAN NORRIS: Commissioner Mac'Kie. COMMISSIONER MAC'KIE: I -- I understood from our conversations before something that I think is important, too, to talk about, and that is the reason for an add-on on this is that there's some sort of like whistle blowers. You can get a finder's fee if they were reported before we told on ourselves. MR. MITCHELL: When it comes to bond issues, there is no finder's fee as -- as with other federal type of whistle-blower acts. With this one there's not. The reason we kept this one -- as Mr. Brock stated, is if the IRS received knowledge that we had not been managing our arbitrage properly, we would not only have the liability that we're faced with today, but there is a potential for an additional 50 percent which, as you can see, would be somewhere in the neighborhood of 200,000 additional dollars. COHHISSIONER MAC'KIE: Has our bond counsel or Arthur Anderson given us any opinion about whether to expect a penalty? MR. HITCHELL: Steve, Joan, would you like to address that? MR. BROCK: We've addressed it with them. I'll be glad to let them address the issue. But, I mean, that's sort of like asking us if it's going to be cloudy tomorrow. I can tell you from my discussions with people that it has been indicated that the Internal Revenue Service is beginning to crack down on arbitrage rebates, and that was one of our major concerns, is that we try to deal with this in a very expeditious manner. COHMISSIONER CONSTANTINE: Is it a fair assessment that if we turn ourselves in, that's a better situation than having the IRS discover it on their own? MR. BROCK: Speaking as an old prosecutor, Commissioner, I always looked upon that favorably COHMISSIONER HAC'KIE: The last thing, just because I'm not a stock person, I'm -- I'm trying to say this in as plain language as possible. Basically what's happened here is that we borrowed money cheap, and we invested it and made a high return. As a result of the high return, we owe the spread to the federal government? Is that basically -- MR. BROCK: That is correct. Commissioner, you know, for fear of being criticized for not telling you something else, I'm -- let's bare our sole. There is certainly the potential that because these arbitrage payments were not made, that the commissioner, Internal Revenue Service commissioner, could swoop down upon us and say that these bonds that we issued, which we issued them as tax-exempt bonds, are not tax exempt because of the failure to make the arbitrage rebates and, therefore, retroactively then they could make them taxable bonds to the holders. But, Commissioner, let me also emphasize that I do not in good conscience expect that to happen, but that is not outside of the realm of possibilities. If that happens, then we potentially have the liability to the bondholders. COHMISSIONER CONSTANTINE: If they became taxable, we wouldn't owe the money then, would we? COHMISSIONER HAC'KIE: It's an either/or. CHAIRMAN NORRIS: You can't have both. MR. BROCK: I am now advised that that would be correct. We wouldn't owe the arbitrage, but we would owe the taxable portion of the stuff to the bondholders. COHMISSIONER MATTHEWS: And if that were to happen, what would happen to our bond rating? MR. BROCK: Commissioner, I don't -- COHMISSIONER MATTHEWS: We don't want to even speculate? MR. BROCK: I don't even want you to think about that, because I don't think that that is going to happen, and I certainly hope it's not -- COHMISSIONER MAC'KIE: Okay. So it's bad news, but we have addressed it, and we have a reasonable plan for solving the problem by Fed Ex'g out a check and a return to the IRS today? MR. BROCK: Commissioner, we are in the process as we speak of developing and implementing a plan to insure that nothing like this ever happens in the future. CHAIRMAN NORRIS: Do you have prepared a budget amendment of what you want to do, because I have not been presented with any information, and I can't vote on something until I see it? MR. HITCHELL: We have not specifically prepared the actual budget amendment. What we have is an analysis of the available funds and the bond funds and where the dollars can come from that shows the impact to each and every fund. And I'll provide a copy of that to you. COHMISSIONER MAC'KIE: I'm sorry I didn't ask this before, too, but something else I would like, if you could explain it, is the business of the noncurrent liabilities. I mean, the number is really big here, eight forty-two, but it may be that a hundred and sixteen thousand of this is never due since it's not current. MR. BROCK: I mean, there's certainly that potential. I don't think that's a likelihood. Maybe we can get it down some. That depends upon our spending patterns in the future. That's one of the things that we're trying to address and deal with and try to work on. COMMISSIONER MAC'KIE: Okay. Thank you. COMMISSIONER MATTHEWS: Yeah, that -- the arbitrage calculation is a constantly moving number. And the -- the first reporting of it is in five years, and -- or unless you discharge the bond prior to the five years. This number should be calculated each and every year based on the monetary transactions within the bond fund. COMMISSIONER MAC'KIE: That it will be. COMMISSIONER MATTHEWS: And it will be in the future, but -- therefore, because there's money moving in and out, interest being earned and so forth, it's -- it's a constantly moving number. It changes. So the -- these numbers on the noncurrent liabilities could go up, could go down. COMMISSIONER MAC'KIE: So what you're -- MR. BROCK: One of the things that we're looking at is trying to identify expenditures that might be made for things that maybe we're planning on doing down the road but would fall within the window that would allow us to make the payments and reduce our arbitrage. COMMISSIONER MAC'KIE: Is five hundred and forty-six thousand and two hundred one dollars and a quarter that you're asking us to authorize today? MR. BROCK: For payment of the rebate, I think. COMMISSIONER MAC'KIE: Because it -- MR. BROCK: I'm also asking you to authorize the expenditure of $180,000 for the payment of Arthur Anderson's fee. COMMISSIONER MAC'KIE: Is that a flat fee? MR. BROCK: No, that is an approximation based on what has transpired. COMMISSIONER MAC'KIE: That part makes me a little uncomfortable because isn't it normal that we would authorize the exact fee? MR. BROCK: Well, because I have Arthur Anderson sitting here today, that fee is not completed at this particular point in time. COMMISSIONER CONSTANTINE: And all but 32,000 of that is covered within the bonds themselves, though. You're looking for approximately 32,000 out of the general fund to cover -- MR. MITCHELL: That would be correct, Commissioner. But keep in mind that the -- some of the dollars that we're asking for such as those ones related to utility projects, they would not be specifically in the construction fund or the debt service fund or the bond reserve fund. There's no excess funds in those particular funds. However, there are available funds. There appears to be available funds in the utilities administration, the 408 fund, so we would prefer to hit -- go after those dollars before we went to general fund reserves. COMMISSIONER MAC'KIE: And that's a legitimate expenditure? CHAIRMAN NORRIS: Okay. As I understand it, you've got five hundred and -- what was it -- for the IRS payment? MR. MITCHELL: Actually the documentation that was provided was overstated minimumly. The amount that is currently due the IRS including the rebate portion and the interest portion is $497,354.21. CHAIRMAN NORRIS: Okay. MR. HITCHELL: That's currently due. CHAIRMAN NORRIS: Then on top of that is another a hundred and eighty to Arthur Anderson? MR. HITCHELL: Yes, sir. CHAIRMAN NORRIS: And what else? MR. HITCHELL: The hundred and eighty -- CHAIRMAN NORRIS: What else? MR. HITCHELL: There is a noncurrent portion of the liability that is recognized for financial reporting purposes only, and that amount currently is $165,278.02. And that's -- that's strictly for finance -- for presentation purposes only. COHMISSIONER HAC'KIE: Mr. Weigel -- MR. HITCHELL: What we're looking for today is a budget amendment to satisfy the current portion of the rebate and the interest along with the calculation fees for the services provided by Arthur Anderson which would be a total of $677,354.21. COHMISSIONER HAC'KIE: Is there any formal requirement for how we have to process that amendment, Mr. Weigel? Can we just by motion authorize that today? MR. WEIGEL: You may. COHMISSIONER HAC'KIE: Then I move that we do. COHMISSIONER CONSTANTINE: Well, don't we have to know from what sources and what funds we're going to make that budget amendment? We can't just make a general budget amendment and figure it out later. MR. HITCHELL: That doesn't get down to the actual line item, but I certainly agree with you. I'd like the opportunity to sit down with the budget office today very quickly and identify where the funding is coming from. COHMISSIONER HAC'KIE: Well, I thought you just said 32,000 from the general fund and the balance from the funds and one part of it from the utilities. It's not identified? CHAIRMAN NORRIS: Well, that was not specific enough. There's a number of different funds that this will have to be coming from. COMMISSIONER MAC'KIE: I see. MR. BROCK: Commissioner, the one thing that we are asking to happen is that this take place today. COMMISSIONER MAC'KIE: I know. MR. BROCK: That we put the check in the mail and the return in the mail certified return receipt -- COMMISSIONER MAC'KIE: Fed Ex. MR. BROCK: -- overnight to the Internal Revenue Service. COMMISSIONER MAC'KIE: So, Mr. Weigel, how can I craft a motion? I'd like to do that, but can I craft a motion without identifying specific numbered budget funds? MR. WEIGEL: I think you can craft a motion if you can identify the major funding sources and then come back for ratification next week of a specific pew in the church, if you will. I think that that will suffice. COHHISSIONER HAC'KIE: Would you repeat those for me then, Mr. Hitchell, or Mr. Brock? MR. HITCHELL: What we're looking for today is a total rebate plus interest due the IRS of $497,354.21 along with $180,000 for calculation fees due the -- Arthur Anderson. COMHISSIONER MAC'KIE: And the source of those funds is what I'm hoping I can get help in identifying. MR. MITCHELL: The source of the funds -- COMMISSIONER CONSTANTINE: If I can make a suggestion, if we put a maximum amount as part of your motion to be included out of general funds and then give a little bit of leeway on which bond revenues we're deriving that from and then we ratify that next Tuesday, the individual breakdown, but at least we'll have a maximum out of the general fund that way. COMMISSIONER MAC'KIE: And that number was 32,0007 MR. MITCHELL: It's expected it will be $32,700 coming out of general fund reserves. COMHISSIONER MAC'KIE: Then my motion includes the maximum of 32,700 out of general fund reserves with the balance to be identified in the appropriate bond reserves and ratified next week. COMMISSIONER CONSTANTINE: And the total of the balance and the general fund money will be -- COMHISSIONER MAC'KIE: You have my sheet. MR. BROCK: -- based upon this schedule. COMMISSIONER CONSTANTINE: As part of the motion, I'd like to hear what that will be. COMMISSIONER MAC'KIE: It's seven twenty-six -- $726,201.25. COMMISSIONER MATTHEWS: It's less than that. COMHISSIONER MAC'KIE: Yeah. Do I have to also include these non-current liabilities today? MR. MITCHELL: No, no. Commissioner, I must -- let me explain to you, we worked late last night, and I -- the interest figure has changed. COMMISSIONER MAC'KIE: From what we got yesterday? MR. MITCHELL: Correct. And I got an updated one. And when we receive this, it will say total current liabilities. That is the amount that we are looking for today. COMHISSIONER MAC'KIE: Oh, okay. Continued updates. Oh, good, it's less. That's okay. So the total current liability including the $180,000 due to Arthur Anderson is $677,354.21. COMHISSIONER CONSTANTINE: Of which no more than 32,700 will come from the general fund? MR. MITCHELL: That's what we're looking for. COMHISSIONER MAC'KIE: So moved. CHAIRMAN NORRIS: We have a motion. Is there a second? COMMISSIONER MATTHEWS: Yeah, I'm going to second it, because we need to take care of this issue today, because I am truly worried about potential penalties. CHAIRMAN NORRIS: Commissioner Constantine. COMMISSIONER CONSTANTINE: The motion maker includes it will be ratifying the exact sources of the remainder of that -- or the balance of that other than the 32,000 at next Tuesday's meeting? COMHISSIONER MAC'KIE: Yes. CHAIRMAN NORRIS: Commissioner Hancock? COMMISSIONER HANCOCK: I unfortunately am not able to support the motion based on the information I'm given today. I commend you for communicating with enough commissioners to get the base understanding to get this approved today. I do not have a financial background. Without the benefit of your input, what has been presented today does not give me enough base understanding to approve the motion. You've got your three votes, but I unfortunately will not be able to support it for lack of information. COHMISSIONER CONSTANTINE: I'm going to suggest a couple things. I think this is a very, very important issue, and Commissioner Hancock's absolutely right. If he hasn't had the benefit of full explanation, he's hard-pressed to support an expenditure for a $677,000. But what I'd suggest is regardless of whether we have three votes or not, I think it's important we take the time because this is a pretty big deal. If we have failed to -- if we failed in our financial obligations somewhere along the way, I think it's important each one of us be clear on that. And if for whatever reason all of us aren't at this point, we need to be because I think we want to avoid any penalties. We want to take care of the problem now. But I want to sit here as long as it takes to make sure everybody understands. MR. BROCK: Commissioner, my whole purpose for bringing Arthur Anderson down here -- this is a very complicated process, and for me to stand up here and suggest to you that I know the intricacies of this would be ludicrous because I don't. I can read the bond covenants that make the requirements that this be done and that these calculations be done by independent sources. And that's what I have done. And my whole purpose for bringing Arthur Anderson down here today in front of you and the general public was to explain to you, to educate you and the general public, what was taking place. And they're here for that purpose in the sunshine. COHMISSIONER HAC'KIE: Well, perhaps my motion then was -- was too early. COHMISSIONER HANCOCK: No. COHMISSIONER HAC'KIE: Hold it in abeyance and have a more general discussion because it is important. COHMISSIONER HANCOCK: I am confident if I was given enough information I'd be able to support the motion. But I'm not going to waste the time of everyone in this room for the next 45 minutes being update -- getting up to speed on general arbitrage. I mean, the first time I heard the word was something got to my desk yesterday at 4 p.m. I'm not going to waste valuable time of everyone here getting an update, okay. So I'm not going to ask that that discussion occur. CHAIRMAN NORRIS: Okay. Let me -- okay. We're going to go ahead and call the question. I have one more question to ask before we do that, though. The request is to bring the budget amendments back next week. Will this be on the regular clerk's report? MR. BROCK: Sure, if -- that will be fine. MR. HcNEES: Mr. Chairman, one clarification perhaps from a staff standpoint on just exactly what the motion is. It appears that of all the issues that were reviewed, there are three that have been identified as -- as where an arbitrage rebate is required; is that correct? COMMISSIONER MAC'KIE: Yes. MR. McNEES: That -- it would be very simple from a budget standpoint to identify the funding for those actual rebates which I believe is the time-sensitive issue. There are 36 other bond issues for which there's no rebate due apparently for which there's a considerable amount of money allocated here. It may take more than an hour or two for the budget office to go through for each of these -- they're all in different funds. They're all different issues with different pay-back sources -- to identify -- I'm talking about where the money to pay Arthur Anderson is going to come from. And I don't know that that necessarily has to be resolved today. So we may -- you may take this in two pieces. You may take the money that's required for the arbitrage rebates; that's easily identifiable, I'm sure, today. And I'm sure that Mr. Mitchell knows exactly where that money needs to come from. Give staff the opportunity to review the different pieces of this that go to Arthur Anderson, and identify where that money might come from. CHAIRMAN NORRIS: That's a good point, but the motion is to have them work with our budget department today and see if they can have that back by next week. We have that motion and second. All those in favor, signify by saying aye. Opposed? COMMISSIONER HANCOCK: Aye. CHAIRMAN NORRIS: It passes four to one. COMMISSIONER MATTHEWS: Mr. Chairman. CHAIRMAN NORRIS: We'll take a short break. COMMISSIONER MATTHEWS: Mr. Chairman, before we take that short break, I would like for this board to give direction -- some of these bonds -- the two largest ones are the $200,000 worth of arbitrage were it created -- because the covenants require the county or a designated agent to calculate these, and none of them was -- as early as '92 before anyone currently on this board was here. And I'd like to have direction to the county manager as to how and why this happened because we -- we need to safeguard it in the future should we ever once again designate the county. COHMISSIONER HANCOCK: Weren't some of these in '95 even? COHMISSIONER MATTHEWS: Well, the interim liability, yeah. The point is is that we're a designated agent. And I don't know about you guys, but I don't need these bonds, covenants, except to go to sleep at night. And -- and I need to have some assurances that I can rely on someone to tell me that we need to designate somebody to do this. COHMISSIONER CONSTANTINE: Suggestion is to have the county manager's office go through this and make sure -- COHMISSIONER MATTHEWS: Go through and find out what happened, why it happened, and what we can do about it and make the designation. CHAIRMAN NORRIS: But our outside auditor, I am going to assume, is our designated agent for this. COHMISSIONER MAC'KIE: Right. MR. HcNEES: And it's consistently been our interpretation, if you want to call it an interpretation -- I would maybe prefer to call it our understanding -- that the county's agent for all of these types of issues has consistently been the clerk's office and/or the external auditor. So there's going to be some change, and if the clerk is now telling us there are financial calculations that are part of these bond covenants that are now going to be the responsibility of the county manager's office -- COHMISSIONER MAC'KIE: No. CHAIRMAN NORRIS: Let me suggest -- COHMISSIONER MATTHEWS: We need to designate an agent. CHAIRMAN NORRIS: Excuse me. Let's direct the staff to find out -- go back in history and find out who is our designated agent so there's no confusion about it, and then we'll have discussion with that designated agent. Take a short break. (A short break was held.) Item #12B1 ORDINANCE 96-8, RE PETITION PUD-81-4(4), ALAN D. REYNOLD OF WILSON, MILLER, BARTON & PEEK, INC., REPRESENTING WYNDEHERE FARMS DEVELOPMENT, INC., REQUESTING AN AMENDMENT TO THE WYNDEHERE PUD (ORDINANCE 79-81) FOR PROPERTY LOCATED NORTH OF GOLDEN GATE PARKWAY (C.R. 886) BETWEEN LIVINGSTON ROAD AND INTERSTATE 75, CONISTING OF 480 ACRES - ADOPTED CHAIRMAN NORRIS: We'll reconvene the meeting. We're ready for public comment. Mr. HcNees, is there any public comment today? MR. HcNEES: No, sir. CHAIRMAN NORRIS: Then we'll move into our afternoon agenda, advertised public hearings, 12(B)(1), PUD 81-4 sub 4. MR. MILK: Good morning, Commissioners. For the record my name is Brian Milk. I'm presenting petition PUD 81-4, patens, 4, the Wyndemere PUD. The thrust of this amendment has actually occurred four and five years ago by virtue of language provided in the Wyndemere PUD, which provides when 50 percent of the single-family home sites have been sold, the property owners' association had the ability to vote on whether they wanted sidewalks within the perimeter of the project, which would be Edgemere Way, and the ability to construct a bicycle path from the entrance on Livingston Road to the existing clubhouse. In 1991 the property owners met and voted not to install the perimeter sidewalk, and in 1995 the homeowners met and voted not to install the bicycle path. This is a matter of housekeeping. It would amend the PUD document by virtue of deleting that language, which by -- historically has already occurred. Staff has had a public hearing on February the 15th. The planning commission voted seven-zero to approve this particular amendment. Staff has not received any letters of opposition to the public hearing process. The only thing I'd like to do is -- for a matter of housekeeping is submit to you for the record five signed ordinances that are exactly the same within your executive summary packet. However, Miss Student had not signed the one in your packet, but it is exactly the same. It's a strikeout ordinance that discusses the amendment being brought forth today. If I can answer any questions, I'd be happy to do so. CHAIRMAN NORRIS: Commissioner Hancock. COHMISSIONER HANCOCK: Mr. Milk, other than the obvious changes, are they -- are the PUD monitoring folks consistent with their PUD today? I mean, is everything up to snuff? No other highlights, problems, questions, that you're aware of? MR. MILK: Besides the issue this morning, no, sir. COHMISSIONER HANCOCK: Okay. CHAIRMAN NORRIS: Public speakers? MR. HcNEES: No, sir. CHAIRMAN NORRIS: I'll close the public hearing. COHMISSIONER CONSTANTINE: Mr. Chairman, motion to approve. COHMISSIONER MATTHEWS: Second. CHAIRMAN NORRIS: Motion and a second. All those in favor, signify by saying aye. Opposed? There are none. COHMISSIONER MATTHEWS: We already approved it. I don't know why we need these. COHMISSIONER MAC'KIE: I want to thank Mr. Milk for that presentation today. MR. MILK: Thank you very much. COHMISSIONER CONSTANTINE: And a darned good-looking tie. Item #12B2 ORDINANCE 96-9, RE PETITION PUD-95-14, BOB THINNES, AICP, OF Q. GRADY MINOR AND ASSOCIATES, REPRESENTING JOHN D. JASSEY, TRUSTEE, REQUESTING A REZONE FROM RHF-6(ST) TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS DAVID A GALLMAN ESTATE PUD CONSISTING OF 290 DWELLING UNITS, FOR PROPERTY LOCATED ON THE EAST SIDE OF AIRPORT ROAD AND SOUTH OF THE REAR PROPERTY LINE OF LAND FRONTING ON GLADES BOULEVARD, CONSISTING OF 30.45 ACRES, MORE OR LESS - ADOPTED SUBJECT TO SIX ITEMS AND ADDITIONAL STIPULATIONS CHAIRMAN NORRIS: 12(B)(2), petition PUD 95-14. MR. NINO: Good morning, Commissioners. Ron Nino for the record. Petition PUD 95-14 is a petition to fezone land currently zoned RHF-6 to PUD, planned unit development. The purpose for the rezoning to the PUD classification is to introduce the opportunity for consideration of a density bonus under the affordable housing density bonus program. The project is located immediately to the north of this complex, and I'm sure you're all familiar with where it is by now. But for the purpose of the general public, as I said, it's immediately north of this complex. It wraps around the Galman dealership. It doesn't have any frontage on Airport Road with the exception of access driveways that would be into the project itself. And it is contiguous on the north side to the back rear of the lots that front on Glades Boulevard and extends to the east to -- to the west side of Tern Drive. The adjoining properties between -- between the project site and Airport Road, that land is zoned commercial C-3. None of it is developed. Across the street similarly you have C-3 development with C-3 zoning with some development of that property. To the south you have the -- the Pontiac -- the dealership, which is zoned C-4. And further south you have the county complex. To the north of the property in the Glades. Along Glades Boulevard it's zoned RHF-16. The property to the east, also in the Glades. For a portion of the Glades area, is zoned RHF-6. But then the property on both sides of Palm Drive itself is zoned RHF-16. The request -- the -- the petition involves the request for 290 dwelling units of which that six -- the -- the density here is 6 units per acre. The density bonus requested is 3.52 units per acre for a total of 9.5 units per acre and subsequently the 290 dwelling units. CHAIRMAN NORRIS: Mr. Nino, are they asking for any impact fee deferrals? MR. NINO: No, they are not. CHAIRMAN NORRIS: The only request they're asking for -- MR. NINO: -- is the density bonus. CHAIRMAN NORRIS: They would be otherwise allowed to -- they wouldn't have to be here if they were asking for six units: is that correct? MR. NINO: Correct. That is correct. One hundred percent of the project is to be set aside for affordable -- for controlled rent structures, affordable housing, which I believe addresses some concerns that -- CHAIRMAN NORRIS: Yes, it does. MR. NINO: -- this board has taken under advisement on occasion. CHAIRMAN NORRIS: I have some -- MR. NINO: I understand that the petitioner will be making a presentation in which the number of dwelling units will, in fact, be lowered additionally, and I'm going to leave that to -- to Mr. Pires. With respect to the project's consistency with the growth management plan, the project is consistent with the future land use element of the growth management plan. The density provided within this project is authorized by the density rating system. The project is consistent with the open-space element. More than 60 percent of the land in this project will be in open space. The project is consistent with the traffic circulation element. No road will be impacted above the significance test level of 5 percent of level of service being traffic. The property is -- is -- will be served with sewer and water. That addresses the utilities element. The conservation and coast -- coastal management conservation element is deemed consistent by virtue of the fact that 45 percent of the land will be placed into a preserve. CHAIRMAN NORRIS: Uh-huh. MR. NINO: Therefore, the property -- the project as presented in this petition is entirely consistent with the growth management plan. CHAIRMAN NORRIS: Mr. Nino, I have a few questions for Mr. Pires, if we can have Mr. Pires come up. MR. NINO: Fine. Thank you. CHAIRMAN NORRIS: Thank you. MR. PIRES: Yes, sir, Mr. Chairman, if I may. COHMISSIONER HANCOCK: Can you bring a few more things with you? MR. PIRES: For the record, Anthony Pires, Jr., law firm of Woodward, Pires, Anderson, and Lombardo with the petitioners and Q. Grady Minor and Associates who are also the agents for the petitioners. Yes, sir, Mr. Chairman. CHAIRMAN NORRIS: I'm aware of the conversations and -- and the cooperation between the petitioner and the Glades Homeowners' Association, and I want to commend you for working hard with those people and trying to get any differences ironed out before you came here that that's probably the best way to do it, and I think that's going to be helpful. I am in a -- in receipt of a letter that has your signature on it that has a -- oh, a little list of things that you have agreed to. It's dated March 8, 1996. Is there any changes in the agreements that you have made with the Glades since that time? MR. PIRES: Yes, sir. There have been some fine tunings and some adjustments. If -- with the board -- chairman's and the board's indulgence, if you wish me to go into that at this time prior to the staff recommendation -- CHAIRMAN NORRIS: Please do. MR. PIRES: As you mentioned, Mr. Jassey has met with various representatives of the Glades Country Club Apartments Association; that's the association for this area. And based upon the meetings with the representatives and the attorneys for the association and based upon the rep -- meetings with members of that association, we've come to an agreement with the -- with the association, and as a result we are ready to agree to certain additional stipulations to the PUD document today. If I could, with the board's indulgence, I'll hand this to Mr. Weigel to pass out -- CHAIRMAN NORRIS: Sure, go ahead. MR. PIRES: -- if I may. COMMISSIONER CONSTANTINE: Now might be an appropriate time to mention that I have had prior conversation about this particular item, but it won't impact my vote, and my vote will be based solely on the information provided in the presentation that we hear. COMHISSIONER MAC'KIE: Ditto. CHAIRMAN NORRIS: Same thing. COMHISSIONER HANCOCK: I will say the same. COMMISSIONER MATTHEWS: Oh, I too. I've met with the petitioner. That's all that I've had -- COMHISSIONER HANCOCK: I don't think I have had prior conversation on this, but that's okay. MR. PIRES: And based upon that, by virtue of those discussions and the agreement with the association, we have certain additional stipulations that we're willing to enter into. And I have a signed original copy here today to submit as part of the record. The first one is that the maximum number of dwelling units that on the 30.45 acres will be limited to 260 thereby reducing it to 260 units per acre, which yields a density of approximately 8.54 dwelling units per acre, which is 2.54 above the RMF-6. Furthermore, the developer agrees -- and this will be part of the PUD document that's approved. Developer will place a chain-link fence of a height no less than 6 feet on the north and east borders of this property abutting the Glades as long as such placement will not result in or cause any permitting or regulatory agency problems in which case the fence will be placed on the Glades side of the property line in the location free of man-made obstructions. That's because of the wetlands issue on the north and east portions. Thirdly, the preserve area and wetland area of 12.99, plus or minus, acres north and east of the proposed boundary line as outlined in the PUD master plan and as referenced in section 5.9(B) of the PUD will be designated as preserve area for a minimum period of 30 years bonding on the successors and assignments of the owners of said 12.99, plus or minus, acres. Except for mitigation activities and construction of the fence that we just talked about, no development activity can occur on this area during said 30-year period, and a deed restriction will be recorded prior to the initiating of actual construction of the residences. We've also agreed to number four about the dwelling unit mix to -- it will not less than 20 percent of the homes will be one bedroom. The total of two-bedroom and three-bedroom dwelling units combined will not exceed 80 percent of the total dwelling units, and no more than 33 percent of the total dwelling units will be three-bedroom units. They will all be a hundred percent affordable, but this is the mix that we are willing to stipulate to. There will be on-site management. And lastly, number six, there will be a limited access entry system to the development such as key-pad entry, card type, et cetera, or other similar limited access entry system for the residents. And those are -- really make that part of the record. I have the signed stipulation. CHAIRMAN NORRIS: Yes, that will become part of the record. You have it signed -- your signed copy you can hand to Mr. Weigel. MR. PIRES: Yes, sir. CHAIRMAN NORRIS: Mr. Pires, there's a couple of other things, minor things. Once again, I commend you for working with the Glades and getting all of this agreed on, but let me ask a couple of things. First, Mr. Dotrill, if you'll look on agenda page 61, it shows an accessway into our county parking lot. I'm not sure that's what we would like to do. I'd like to know what your assessment of that is. But my preference would be not to have that feed into the county's parking lot. COHMISSIONER CONSTANTINE: I concur. It certainly seems to be crowded enough as you travel through our parking area. CHAIRMAN NORRIS: Does that cause the developer any concern? MR. PIRES: No, sir, just consulted with the developer, and that does not cause any concern. The accessway is a -- ingress and egress. CHAIRMAN NORRIS: On this chart or this map as it's shown here, the thing right on the bottom, yes, that would connect with our county entryway, and I would like to see that deleted. Would the developer stipulate to that? MR. PIRES: Leave it as a pedestrian accessway but -- CHAIRMAN NORRIS: Pedestrian is fine. I just don't want __ MR. PIRES: Yes, we would stipulate to no vehicle access, but pedestrian, yes. CHAIRMAN NORRIS: Yes, because we would expect that there will be some county employees eventually living here, and the pedestrian access is fine. What we would be concerned with would be cut-through traffic. MR. PIRES: Yes, sir. That's been articulated, and we're addressing it. Thank you. CHAIRMAN NORRIS: There was some question at one point about a drainage issue. But I think that that is probably resolved within our Land Development Code, so the -- is our staff comfortable with the drainage on this, that it's not going to impact the Glades negatively? MR. NINO: Yes, we are. And, of course, you realize that the project will be subject to the SDP process at which time detailed engineering and water management issues will be addressed. CHAIRMAN NORRIS: The last thing that I have is when I was presented this in my office, I was shown a -- some photographs, I believe, and maybe some drawings of the architectural renderings perhaps of a similar project, I believe, in Orlando or someplace. And my concern that I expressed at that time is that I would like to have some sort of commitment as -- as to that will be the style of the building that will be used as opposed to, say, the style of building that's out there at Osprey Landing which look like Army barracks. MR. PIRES: If I could have a moment to confer with my client. COHMISSIONER HANCOCK: You're saying no Army barracks. I can go with that. MR. PIRES: If I may -- Mr. Chairman, if I may, I believe this may be the photographs. These are representatives of other projects by CUD construction, make this part of the record. And we have the representatives of CUD here if we can take a moment to confer, and we have representatives of other projects in another part of the state. CHAIRMAN NORRIS: Okay. MR. PIRES: The photographs. CHAIRMAN NORRIS: Thank you. Name please. MR. SCHATZE: My name is Bill Schatze (phonetic), and I'm vice president of CUD Construction. The pictures that you were shown are identical to what we would propose to build here. We have this -- I think this is in Stuart, Florida. That's in Orlando. CHAIRMAN NORRIS: Your statement is that you will use this design for the buildings, and you have no objection to this -- MR. SCHATZE: No objection. They are fully representative of what we would build. CHAIRMAN NORRIS: Thank you. That's -- that's very nice of you to commit to that on the record. That -- that was something that I was concerned about earlier. I don't believe I have any more questions at this time. Any other board members? Commissioner Matthews? COHMISSIONER MATTHEWS: I have some. The entrance and exit to this project, is that in alignment with the median cut on Airport Road? MR. PIRES: That's my understanding. And I think -- is that correct? Yeah, it aligns with an existing median cut on Airport Road. COHMISSIONER MATTHEWS: So traffic will be able to come out of there and go either north or south? MR. PIRES: I believe it's proposed -- and possibly what you want -- a entranceway they would be right in, right out. It's a right in, right out on Airport Road. COHMISSIONER MATTHEWS: There would be no left out? MR. PIRES: With regards to the manner of the traffic flow. MR. MINOR: Grady Minor for the record. Right now the entry is aligned with Calusa Avenue on the other side. That's a directional median opening. The traffic here can only go north on Airport Road. They can only go right out and right in. They cannot make a left and go south on Airport Road the way it is now. COHMISSIONER MATTHEWS: Well, let's talk about cut-through traffic then, if this board doesn't mind. If this is only a right in, right out, those people who live in the development who choose to want to get to 41, how -- how are they going to do that without taking a right-hand turn and going to Glades Boulevard, take another right-hand turn and get on Palm and then down to 41 -- COHMISSIONER MAC'KIE: Instead of the county parking lot COHMISSIONER MATTHEWS: Yeah. Where if we were to open this southern one, they could access 41 at the Wal-Hart entrance by going through our little parking lot thing. CHAIRMAN NORRIS: Well -- COHMISSIONER MATTHEWS: I understand the problem, but I'm looking at neighborhood integrity also. I mean, you're going to increase the traffic in the neighborhood. CHAIRMAN NORRIS: Well, I'm glad you mentioned the point neighborhood integrity, because part of this is to try to reduce the cut-through traffic that would use Harrison Road in the Glades, and that's the purpose for closing this out as much as it is to keep it out of the county's parking lot. COHMISSIONER MATTHEWS: Well, I'm just suggesting that they'll go up to Glades, down Glades to Palm. MR. JASSEY: If I could address the commission for a moment. COHMISSIONER MATTHEWS: You may. MR. JASSEY: For the record I'm John Jassey. To address everyone's issue here, we are prepared to ask DOT to convert that to a median cut so people will be able to turn left and go south on Airport Road and be -- COHMISSIONER MATTHEWS: That's not DOT. That's the county. MR. JASSEY: The county. We discussed it with Ed Kant at the county, and Ed's in favor of that. And that's a goal we're trying to work towards to accomplish Commissioner Norris's request for not going through the county. And your issue of, okay, you pull out, how do you get to 41, which is certainly a big issue, Ed Kant seems to be very cooperative to work -- we've all decided that that's what we'd like to accomplish, and it's this -- if we get past this stage, then we work that out, you know, in formal site plan approval, so on and so forth. COHMISSIONER CONSTANTINE: While we obviously don't want to increase traffic in the Glades, a public roadway is a safer place than driving through that parking lot out there where people are dodging and weaving and walking constantly. As you come into our office virtually anytime during the day, there's so much hustle and bustle. I mean, this isn't an issue of not wanting traffic in my neighborhood. It's an issue of safety. And we're -- we're at maximum capacity driving traffic through our parking lots right now, so -- CHAIRMAN NORRIS: In any case, the petitioner has stipulated that they would have no objection to closing that median cut, and that they will -- they will work with the county transportation department. I'm sorry -- to close the access into our county parking lot and to work with the county transportation -- MR. JASSEY: To create a median. CHAIRMAN NORRIS: -- to create a median opening. MR. JASSEY: Thank you. MR. DORRILL: Mr. Chairman, you do have one speaker before you go too far. CHAIRMAN NORRIS: Okay. Mr. Pires, if you have nothing further, we'll go to the public speaker. MR. PIRES: Nothing further. Once again, we have the planner and the engineers if the board wishes to ask any further questions. CHAIRMAN NORRIS: Okay. MR. DORRILL: Mr. MArlin. MR. MARLIN: My goodness, I got stiff sitting there. I'm Earl MArlin. I'm representing East Naples Civic Association. We're opposed to this granting of density bonuses for any purpose. If there's a reason for a density bonus, it should apply to everyone. It has been used as a sort of a bribe seemingly to builders to build certain types of property and, frankly, we are opposed to that. I know there's an area right south of 41 here where there's a certain density bonus, and the reason they give for it is that because of the danger of evacuation in event of a storm. However, if -- if you build affordable housing, you can get much heavier density. I suppose it's all right to drown poor people is the only way I could figure that. The -- anyhow, we are particularly opposed to the granting of the density bonus at this location because it is a highly congested area, and we recommend that the zoning laws be changed to abolish the granting of density bonuses. Thank you. CHAIRMAN NORRIS: Mr. Marlin, could I ask you a question? MR. MARLIN: Certainly. CHAIRMAN NORRIS: Is your objection philosophically -- is your objection more geared toward the philosophical granting of -- of density bonus, or is it this particular location itself? Which is it, really? MR. MARLIN: The discussion we had was that it's both. It's more the former, truthfully, but in this case we think this is a fine example of -- of where a density bonus has been granted in a highly congested area. There's -- there's no question that this is a congested area because of the various things that are in it and Airport Road so that our objection -- our objection is on both grounds, but primarily we are opposed to the granting of -- of density bonuses and particularly in highly congested areas. CHAIRMAN NORRIS: Okay. Thank you. Yes. COMHISSIONER HANCOCK: I'm -- I'm sorry. Maybe I missed this. There is what; C-3 zoning both north and south of your entranceway, is that correct, Mr. Pires? MR. PIRES: C-4 in one location, C-3. COMMISSIONER HANCOCK: Would the access of those properties be allowed or encouraged to use the entrance to your project, or would they be prohibited? How has that been addressed, because obviously what Mr. Marlin just brought up about traffic in this area was -- my predominant concern was that this is probably the worst section of road in this part of the county. And with the potential for the God-awful strip commercial that we all hate so much to occur there, I'm a little concerned about whether they'll have the ability to use your entry as an access to their property. MR. PIRES: I think Mr. Minor might best address that by his discussions with county staff with regards to transportation. MR. MINOR: We haven't. MR. PIRES: I don't know if they've had discussions with county staff, but we haven't determined that yet or had any discussions, I don't believe, with the property owners up front with regards to using that as joint access. COMMISSIONER HANCOCK: My -- my suggestion is that as a part of this approval that we, I guess, encourage -- I'm looking for something a little stronger than that -- encourage a connection from your entrance to the commercial properties to avoid increased -- COMMISSIONER CONSTANTINE: Similar to like Kings Way and the -- COMHISSIONER HANCOCK: Identical to Imperial up in -- on north 41 where you can -- you turn in the entrance to the project and make a left into a commercial center. CHAIRMAN NORRIS: High Point would be another. MR. PIRES: If I can have a moment to discuss this with my client. COMHISSIONER HANCOCK: Yeah, please. COMMISSIONER CONSTANTINE: That's a good idea. COMMISSIONER MAC'KIE: The idea is otherwise they have to come out onto Airport and go into the commercial is just to let them -- COMHISSIONER HANCOCK: It does two things. If -- otherwise they have to get access to strip commercial directly onto Airport and Glades to the north -- COHMISSIONER HAC'KIE: Gotcha. COHMISSIONER HANCOCK: -- and directly on Airport to the south. This way they will not be able to -- there's already a median opening there. We can create safe ingress and egress there without messing anything else up. COHMISSIONER HAC'KIE: Great idea. COHMISSIONER CONSTANTINE: Commissioner Hancock, it's a great idea. And my support for this may hinge completely on that issue. COHMISSIONER MATTHEWS: My Lord, this is getting heavy. COHMISSIONER CONSTANTINE: Let's hear what they have to say. MR. JASSEY: First of all, may I address that according to county staff and our records that the level of service in that part of the road is level of service A. COHMISSIONER HANCOCK: I could care less. MR. JASSEY: Okay. And that the TIS study works, you know, with three hundred -- COHMISSIONER HANCOCK: I'm talking about reducing curb cuts in a very -- we can talk level of service. I'm sure it is A, but for people who drive it every day, you know, it doesn't feel like A. And this is going to be a more highly congested area. It's going to continue to get increased emphasis. So what I'm trying to do is by approving this project is reduce the curb cuts both north and south of your entrance by joining those entrance opportunities. MR. JASSEY: We'd be glad to study it and work with -- again, we only have a 60-foot entranceway also. COHMISSIONER HANCOCK: I understand that. MR. JASSEY: But we will work with them and try to coordinate together. COHMISSIONER HANCOCK: Okay. I'm going to want a little more solid than that, than just work with them. When this is installed it will be installed as a private entrance? MR. JASSEY: Yes. COHMISSIONER HANCOCK: Okay. MR. JASSEY: It's a -- it's a gated private entrance. COHMISSIONER HANCOCK: Okay. Where does the gate Occur? MR. PIRES: I believe the gate on this rendering is at this location, the property line; is that correct? COMMISSIONER MAC'KIE: Can I be clear, Mr. Jassey? I think all they're talking about are so the residents of your community could access the adjacent commercial development when it is eventually developed without going out onto Airport Road. COMMISSIONER HANCOCK: That's one part of it. The other part is about the other people who would use the commercial. We're going to have a median cut there, okay. We're potentially going to have a median cut there, and we're not going to have it elsewhere. And a commercial strip for some reason produces a fairly continual amount of traffic throughout the day. So here's my suggestion, and see if the board likes this or not. The section from Airport Road to your gated entrance should be constructed to county standard and be allowed to provide access to the commercial properties both north and south of the entrance. Responsibility for median landscaping will still be that of the developer. That's my -- my requested addition. COHHISSIONER MATTHEWS: So -- let me clarify this then. So you're suggesting then that the C-3 property north and south of the entrance -- whenever somebody comes to development services -- I don't think they have to come to us -- COHMISSIONER HANCOCK: Uh-huh. COHMISSIONER MATTHEWS: -- for approval. We're giving staff direction right now that there will be no curb cuts. COHMISSIONER HANCOCK: Well, no, not that there will be no curb cuts, but that I think this provides a safer ingress and egress for that property. And if they do have to have a curb cut, it will be right in, right out, only elsewhere. COHMISSIONER MAC'KIE: I'd like to hear from Mr. Archibald maybe or our staff planners on whether -- just to get an additional opinion. Since this isn't a recommendation that came out of the staff, let's hear what our staff has to say about the -- COHMISSIONER HANCOCK: They may not want to be this bold. MR. ARCHIBALD: Board members, the access plan for this project is, in essence, right in, right out. That's the safest that can be provided. As part of the right in, they're going to have to build a turn lane, a northbound right turn lane. To build that they're going to have to actually buy property from the dealership to the south and close off some of the access at that location. So we're going to be accommodating some improvements not only for the existing commercial to the south, but for this particular project itself. So I think that if the board sticks with its current access management plan and also sticks with some of its criteria for driveway design to include throat length, both this project and the future commercial can be accommodated. Staff -- at the point in time when that future commercial to the north does come in, we will be looking at trying to create joint access. But keep in mind that it -- it may be difficult because of the volume of traffic entering and leaving this particular project. So I'm not so sure that at this point in time we want to make the decision of going ahead and forcing the interconnects. COHMISSIONER HANCOCK: Is it a good idea to leave that option open and have that option stated clearly on the record today? MR. ARCHIBALD: Yes, it would be a good option to make COHMISSIONER CONSTANTINE: That's all you're asking for. COHMISSIONER HANCOCK: And I'm not mandating that they connect. What I'm saying is I want to make sure that option is available, because if this is a private road without any statement in the PUD to that effect, down the road the idea that we can force a connection is eliminated. MR. ARCHIBALD: Not necessarily. COHMISSIONER HANCOCK: Well, okay, without -- MR. ARCHIBALD: It makes it more difficult, granted. COHMISSIONER HANCOCK: Yes, and I'm trying to avoid that difficulty. COHMISSIONER MAC'KIE: I support leaving that option available, but not a requirement. I'd like for the staff to work that out at the appropriate time so just to have the option available. COHMISSIONER HANCOCK: Okay. The only problem we run into, and I've run into this at Imperial, is that the homeowners end up paying for the maintenance of the roadway that is being used by the commercial property to the north. MR. JASSEY: Our concern is that if a HcDonald's or church or somebody that had huge traffic, A, we'd be paying for it and, B, the congestion and everything for the disadvantage for our development would be substantial, you know, the -- COHMISSIONER HAC'KIE: But all we're saying, Mr. -- Mr. Archibald just told us that the option exists whether or not we put it in the PUD. And we're just clarifying that the option exists by putting it in the PUD. That's what I'm interested in supporting, nothing more than that. MR. JASSEY: Okay. We can agree to that. COHMISSIONER HAC'KIE: I would just like to support what Mr. Archibald suggested. COHMISSIONER MATTHEWS: Mr. Chairman -- CHAIRMAN NORRIS: Then the record reflects that the petitioner agreed to that request. Yes, Commissioner Matthews. COHMISSIONER MATTHEWS: I've got one -- one concern that just arose out of Mr. Archibald's comments, and that is that we were just told that you've been working with Mr. Kant about a full median cut and that he's supportive of that. But Mr. Archibald is telling us that right in, right out is the safest egress-ingress. So I'm a little bit concerned about whether a full median cut is ever going to happen. MR. ARCHIBALD: Okay, let me clarify. What's been discussed with our staff is a directional turn lane and not a full median opening. And the reason for that is that your access management plan doesn't provide for adequate distance for spacing and location of a full median opening. So the best we can look at is to see whether we can determine a possibility of a southbound directional turn lane. COHMISSIONER MATTHEWS: Okay. MR. ARCHIBALD: That's the best that can be considered here. But, again, right now the plan that is being approved shows access constrained to right in, right out. COHMISSIONER CONSTANTINE: And we just got done having a discussion on congestion or perceived congestion on Airport Road there, and adding the left-hand turn is going to lower the level of service, I'm assuming. Am I assuming incorrectly, Mr. Archibald? MR. ARCHIBALD: You're correct, and what we have to look at is the point in regards to southbound access on Airport Road. We foresee a large number of U-turn movements to the north. But to the north of this project we have a series of directional turn lanes that will provide for that U-turn movement. COHMISSIONER CONSTANTINE: But let's not kid ourselves into thinking it's going to be something it's not. COHMISSIONER MATTHEWS: Yeah, that's my point. We were hearing one story and then another story, and I wanted to get that clarified as to exactly what the concept will be. COHMISSIONER HANCOCK: I'm sorry. I know we're trying to wrap this up. I'm not completely satisfied, so let me take one more run at this. And if I fail, then I'll leave it alone. What I'm suggesting is that between Airport Road and the gate entry, that that section of road be built to county standards. And if the developer chooses to dedicate -- give that portion to the county, so be it, the county then maintains it. What we have done is secured an access for commercial properties both north and south of that that won't need to be recreated on Airport Road. That doesn't prohibit us from, you know, requiring them to have certain accesses of certain configurations. But that type of step makes it solid, and it voids what is going on in Imperial right now, which is a privately maintained road, that they are required by private access to a commercial area, and now the residents are paying to repave a road every three or four years that commercial activity is using but has no responsibility to pay for. So what I'm suggesting is if it makes sense to have fewer curb cuts, that we require that that access from Airport Road to the gate be built to county standards. That way they can give it to the county if they so wish. It can be county maintained -- allow us to access the north and south properties from that without a hitch down the road. COMMISSIONER CONSTANTINE: They need to put concrete in if they're repaying every three years. I don't disagree with you at all. It's just good planning. One of the things we need from time to time is not have a long-term agreement. I think that's exactly what you're doing. COMMISSIONER HANCOCK: And if it never needs to be used, then fine. You know, we've -- we've -- we've got a bird in the hand. We don't need to use it. But let's -- let's at least set that aside. And, you know, it doesn't mean that the developer does not have the ability to maintain it, to put landscaping in per this plan. You know, I want to allow that to happen. But, again, that's the thrust of what I'm asking. And if that's too much for this board to accept, or if you think it's going too far, fine. COMMISSIONER CONSTANTINE: It's a great idea. COMMISSIONER MATTHEWS: Well, I would think -- I would think the petitioner, if he were going to allow the commercial property north and south of them to use this road and allow a curb cut, that they would certainly extract from them a maintenance agreement to help them maintain it. I think the -- the problem with the Imperial commercial area when it was approved, it was all under a single owner at the time, that it -- that it was approved, and this is not the case here. And -- and, you know, I know it's a problem. I've been there -- there many times, and it is a problem, but this is not a single owner. MR. PIRES: If I may address the board, Mr. Chairman, with the board's indulgence. I thank you, Commissioner Hancock. I appreciate your thinking process and thought process -- COMMISSIONER HANCOCK: No, you don't. I'm a pain in the butt. MR. PIRES: -- but I think actually the cure sounds worse than the perceived illness because by dedicating to the county, a couple things occur. First, the county standards -- we lose any control. We have signage issues and other issues, and I think Commissioner MAtthews also had a good point, that Mr. Archibald has indicated that staff needs to study this as to how it may be achieved. And they have the access management plan and enough other policy statements out there to guide them during the SDP process as to the access with this parcel to other parcels. And I think you are engaging almost the reverse extraction. You're extracting it from our client to provide access to these other people. COMMISSIONER HANCOCK: If they were coming in, I'd extract it from them. MR. PIRES: In the world of flexibility, I think flexibility is provided by virtue of your policies and transportation and technical and engineering techniques that are utilized. As articulated by Mr. Archibald, if you leave that as -- as part of the review process, I think it would be more appropriate than requiring the exactions that you're asking at this time. COMMISSIONER CONSTANTINE: I'm sorry. Maybe I misunderstood. I thought you said that you're not willing to dedicate it. I don't think that's what you were asking for. MR. PIRES: I thought that was part of the discussion was dedicating it to the county. COMMISSIONER HANCOCK: What I'm saying, if it's built to county standards, that gives you the option of doing it at some point if you find a maintenance problem or you don't want to maintain it or there's a connection that, you know -- forget -- forget the dedication part, okay. What I'm -- all I'm asking is that the entrance be constructed in such a way as to allow for interconnection with the commercial parcels north and south at some time in the future, period. COMMISSIONER MAC'KIE: Deemed appropriate by -- COMMISSIONER HANCOCK: By Collier County transportation. COMMISSIONER HANCOCK: Well, it's a little watered down from that. I wanted to be very clear about what I was trying to accomplish. MR. ARCHIBALD: I would recommend very highly that you stay on that track and that the developer in this particular scenario make some commitment to participate in those private cross easements if staff so finds that they're in the benefit of both their development and the future commercial. MR. PIRES: The difficulty of that, though, is that the extractions and seems like the concessions would be on our client's part as opposed to the other property areas. Commercial I can't say as articulated by Mr. Jassey on the C-3. High volume of traffic that would render it difficult and even unsafe for our -- for the residents of the complex -- COMMISSIONER HANCOCK: Not if our transportation services department will not recommend it. MR. PIRES: But that will be no -- say, for example, a low-intensity commercial comes in there today to that site. Then later on a high intensity and access is required that we provide access by virtue of some cross easement to that northerly commercial site. Then five years down the road a redevelopment of that site occurs with very intense commercial. If that access point is already there, then we are stuck with that. We have a greater level of usage and very difficult -- you know, greater usage of the residents of the complex. I think that's a fair statement. That's our concern. COMMISSIONER HANCOCK: But the county transportation services department would be responsive to it and work with you in providing an alternative. MR. PIRES: But I think at that point you will be in a situation of denying access to somebody else. And I think you would be in more of a pickle. You've already given an access point to a property, and then you can't give it away with regard to intensification. That's our concern. We don't know what's going to be there. COMMISSIONER HANCOCK: So I'm hearing no? MR. PIRES: Yes, sir. COMMISSIONER CONSTANTINE: What a coincidence. You may hear the same thing. CHAIRMAN NORRIS: Do we have any further questions from the board? COMMISSIONER CONSTANTINE: I just -- just a comment that to me the issue is very important to me when we're talking about Airport Road perhaps among the top three traveled roads in the county, if we can lighten congestion and if we can lighten the burden of 260 -- the occupants of 260 units from going out onto a major road in order to go 50 feet down that road, then we should do that. That's just good planning long term. And to not do that, I think, is in error. And if you can't agree to that, I have a little difficult -- COMMISSIONER HANCOCK: We're not going to shift the financial burden to you of that road. There obviously is a joint maintenance agreement which we have done many times -- that this board has seen many times once a project comes in -- wouldn't have to be a part of that. I'm not saying that you would have to bear the burden of any maintenance cost but an increase due to additional people using that entryway. Those maintenance agreements, you know -- and I'd be willing to stipulate that would have to be a part of any connection, or else a connection can't occur. MR. PIRES: And I don't believe we have any difficulty with agreeing that the transportation department staff and using the county's transportation planning criteria, their access management plan. If all those criteria are indicating toward having this joint access with the joint maintenance agreement, we're agreeable to following that process and the staff's transportation and planning department's review of that. COMHISSIONER HANCOCK: This is the closest I'm going to get today. COMMISSIONER CONSTANTINE: I need you to clarify what you are and what you are not willing to do because it seems like I've heard you say both sides of it. Perhaps I'm just misunderstanding. MR. PIRES: Mr. Archibald indicated, and correct me if I'm wrong, that part of review that the transportation department would make would be on this particular roadway -- and George can probably repeat it -- on the access to this parcel would look at possibly requiring that there be connections to the other parcels as part of the existing access management plan and good transportation planning, is that correct, George? MR. ARCHIBALD: Yes, it is. As an added stipulation in this particular PUD, I'm sure that we can craft a condition that dictates that if, in fact, there's some advantage and that that condition contains a concern in regards to capacity then, in fact, if it's shown that there's an advantage, then we would expect the PUD developer to provide cross easements subject to those conditions. MR. PIRES: The advantage would be to whom -- if I may __ COMMISSIONER CONSTANTINE: Mr. Pires, can I interrupt? I asked a very simple question, and what I would prefer is a very simple, neat little answer of what is it you are willing to agree to in regards to the access issue. If you go back and forth with Mr. Archibald for three minutes, that doesn't answer my question. I need a very concise answer as what is it you're willing to agree to with access to both the north and the south commercial properties. MR. PIRES: If I could have a moment. The statement that Mr. Archibald just made, we would agree to that stipulation. COMHISSIONER MATTHEWS: If our transportation department requires it, they will participate? MR. PIRES: Right. I think if some advantage to the county and all those other conditions, however he -- COMMISSIONER HANCOCK: Volumes, and that all has to be a part of the analysis. MR. PIRES: Yes, sir, we would agree to that. CHAIRMAN NORRIS: Does that satisfy you? MR. PIRES: Thank you. And also I believe as part of this, if there is -- the approval -- requested approval and also modification after the approval of density bonus with revisions to the unit count and the unit mix as we have indicated in the stipulation sheet. CHAIRMAN NORRIS: You have made all those stipulations a part of the record, and they will be binding on you. MR. PIRES: Yes, sir. And we'll work with staff to revise the actual agreement sheet itself. CHAIRMAN NORRIS: Close the public hearing. COMMISSIONER HANCOCK: Can I clarify that the motion maker does include the most recent commitment that has not been written down as far as reflecting Mr. Archibald's comment? Motion maker include that in the motion? COMMISSIONER MAC'KIE: I don't think there is a motion. COMMISSIONER MATTHEWS: There is not a motion yet, but I'm willing to make one, that we approve petition PUD 95-14 subject to the six items that were stipulated in this handout and the additional stipulation stated by Mr. Archibald, that in the event our transportation department requires or believes it is advantageous to have interconnection, that these -- that this particular property participate in whatever it is that our transportation department feels is necessary. CHAIRMAN NORRIS: Let me ask the motion maker; there were two other stipulations that the petitioner made on the record that were not written down, and that was, one, that the -- COMHISSIONER MATTHEWS: To close the -- CHAIRMAN NORRIS: The entranceway to the county property would only be pedestrian and not vehicular and that the -- the architectural treatment of the buildings will be as presented on the photographs that they brought and put into the record. MR. PIRES: Yes, sir. COMHISSIONER MATTHEWS: Yes, sir, I would include those. COMHISSIONER MAC'KIE: Second. COMHISSIONER HANCOCK: Oh, yeah. CHAIRMAN NORRIS: We have a motion and a second. I understand the concerns of the East Naples Civic Association, and I don't know if I've ever voted against the East Naples Civic Association. The -- the thing here is in discussions with the Glades people that we have -- we have looked at a couple of things. One, it cleans up that property, which we have had continuing problems for years with homeless in there. And as all of us board members know, the property owners had to spend many, many thousands of dollars to clean that property up periodically. That would simply not occur anymore. And the other thing is they are not asking for anything from the county except the two and a half units of density bonus. They're -- they're not asking for anything financially such as impact fee waivers. They're going to pay their impact fees up front like any -- anyone else. And I think in conversations with some of the representatives from the Glades, the feeling is that the developer has given a lot of concessions to try to make this an acceptable and compatible project. And if this one is turned down, the possibility that some future board could come in here and put in a less desirable project with -- with eight units of density bonus certainly exists. So with those statements I guess we're ready to call the question. All those in favor, signify by saying aye. And those opposed? That passes unanimously. COMMISSIONER HANCOCK: But you look good, Earl. Item #12C1 ORDINANCE 96-10, AMENDING COLLIER COUNTY ORDINANCE 93-13, THE COLLIER COUNTY PRODUCTIVITY COMMITTEE TO PROVIDE FOR THE APPOINTMENT OF THE VICE CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS AND OF A LIMITED NUMBER OF HIGH RANKING GOVERNMENT EMPLOYEES TO SERVE ON THE COMMITTEE - ADOPTED WITH CHANGES CHAIRMAN NORRIS: Our next item is item 12(C)(1), ordinance amending Collier County Ordinance Number 93-13. MS. LEITH: Good morning, Sheila Leith, budget office and staff liaison to the productivity committee. This item is an ordinance amending Collier County Government Ordinance 93-13 and the Collier County Productivity Committee to provide for the appointment of a vice-chairman of the -- the vice-chairman of the Board of County Commissioners and a limited number of high-ranking government employees to serve on the committee and to further specify the powers of the committee. COMMISSIONER HANCOCK: Miss Leith, that presentation is so well organized that I'm just compelled to make a motion to approve the changes to Ordinance 93-13. CHAIRMAN NORRIS: You'll be free to do that as soon as I close the public hearing. Is there -- Mr. Dotrill, is there any public speakers? MR. DORRILL: No, sir. COMMISSIONER CONSTANTINE: Quick question. And I don't know that this will ever take effect here. The vice-chairman's slot or his or her designee, for some reason -- COMMISSIONER HANCOCK: If the vice-chairman should show apathy or lack of interest. CHAIRMAN NORRIS: Or scheduling problems. COMMISSIONER HANCOCK: So let me make a motion then. CHAIRMAN NORRIS: I'll close the public hearing so you can do that. COMMISSIONER HANCOCK: Approve Ordinance 93-13 with the change being that the vice-chairman or his or her designee be the only additional change. COMMISSIONER MATTHEWS: I've got one question that I need to clarify. COMMISSIONER HANCOCK: I'm sorry. You can't have any questions. COMMISSIONER CONSTANTINE: I can't support that motion. COMMISSIONER MATTHEWS: There are going to be four county employees of a high ranking -- I don't know what they are, but my concern is that the productivity committee often does a lot of its work in the daytime -- MS. LEITH: Yes. COHMISSIONER MATTHEWS: -- and -- and which are normal working hours. MS. LEITH: Yes. COHMISSIONER MATTHEWS: And I'm a little bit concerned about how our people get the remainder of their work done. MS. LEITH: I think the chairman of the committee, Jack HcKenna, would like to -- MR. HcKENNA: For the record my name is Jack HcKenna. As Sheila mentioned, I'm the chairman of the productivity committee. The way the ordinance is drafted right now it would allow for a maximum of four county or city employees. Certainly I think there -- the county manager's office would need to approve this appointment also as it would be taking away some time from the normal staff activities. At this point in time specifically we don't have vacancies for that many employees, and so -- COHMISSIONER HANCOCK: My -- my discussions with the productivity committee on this have pretty much indicated that really as a normal course maybe a representative of the county manager's office would be there. But beyond that if there is a certain department or an area that is being looked into, that -- that staff input would be advantageous at the meeting, that this allows those individuals to be there for that. And if it's a long-term situation that their help is -- would provide assistance to the county manager's agency, then they can be appointed as a vacancy becomes available. I would only see maybe at the most that a representative of the county manager's, you know, being the only regular attendee. And from there need would -- need would create the demand. MR. HcKENNA: Our intent of this was -- again, following the Mini-Grace Commission, to allow the flexibility if there were suitable members of the county staff or city staff that would be beneficial to the committee. COHMISSIONER MATTHEWS: Are those people excluded from applying to the productivity committee at this point? MR. HcKENNA: Prior to this amendment, yes, they have been. COHMISSIONER MATTHEWS: They have been excluded by ordinance? MR. HcKENNA: They have not -- it has been a citizens' committee, and we're trying to allow that flexibility to allow them to be included. We've limited it to four county or city employees so it doesn't become a government committee. COHMISSIONER MATTHEWS: How many total members are on the committee? MR. HcKENNA: Thirteen. COHMISSIONER MATTHEWS: Four plus the vice-chairman out of thirteen. I don't know. We're getting toward having the fox watch the hen house. COHMISSIONER CONSTANTINE: I have three questions. Mr. Weigel, will we have to -- if we approve that portion of this, will we have to rewrite some other ordinance that disallows county employees from serving on county boards? MR. WEIGEL: No. COHMISSIONER CONSTANTINE: Number two, the -- how are we defining high ranking? COHMISSIONER HANCOCK: That's a good question. COHMISSIONER MAC'KIE: Do you have a recommendation, Mr. Dotrill? Division heads, department heads? COMMISSIONER HANCOCK: It also includes the city council, and they may have different terms for the same position. COMMISSIONER CONSTANTINE: Do we want to just eliminate the adjective because there may be employees who are -- MR. McKENNA: We've tried to encourage higher-level participants in the committee, but we haven't defined high ranging per se. That's why we suggested having -- COMHISSIONER HANCOCK: I think just if you remove high ranking and if Commissioner Matthews wants to reduce the number from four to three, these are malleable things. Again, this is based on a system that is working very well in West Palm, and it's an attempt to -- to take what we have and mimic that structure here. So, you know, we're -- you know, these things are malleable. They're not set in stone. MR. HcKENNA: Absolutely. COHMISSIONER CONSTANTINE: And my other question is would an employee be paid in comp. time for the time that they spend with the productivity committee? COHMISSIONER HANCOCK: I would certainly hope not. COHMISSIONER MATTHEWS: Can you say that louder? COHMISSIONER HANCOCK: Huh? COHMISSIONER MATTHEWS: Can you say that louder? COHMISSIONER HANCOCK: I think everyone heard me. Mr. Dotrill, we seem to be talking around you without talking to you. Does this, in your mind, create a problem or a staff expense? You know, do you have a problem with this layout and what it may do, either comp. time, budget-wise? MR. DORRILL: My only inclination prior to this is rather than focus on top executive staff people, I think there is a wrath of talent, and I'm forever being surprised as to the abilities of people like Hiss Leith and others. And I think, frankly, with all due respects to division administrators, they're busy and preoccupied and have too many meetings to already go to. And my focus would be to look for mid-level management talent and -- and creativity in people who can otherwise be taken away from their position for a couple of hours a month, and I'm not particularly concerned if it doesn't exceed that. COHMISSIONER HANCOCK: So I'm going to amend my motion to eliminate the term high ranking. CHAIRMAN NORRIS: Let me close the public hearing. COHMISSIONER MATTHEWS: I thought it had already closed. CHAIRMAN NORRIS: We had some more public comment. COHMISSIONER CONSTANTINE: Oh, okay. COHMISSIONER HANCOCK: Ahh. In that case I will withdraw my first motion and now make a motion that we approve Ordinance 93-13, the amendments to 93-13 with the elimination of the term high ranking and including in the body of that ordinance that any county employees must be approved by the county manager's office prior to participation. COHMISSIONER HANCOCK: Vice-chairman or designees also would be changed. Thank you. CHAIRMAN NORRIS: We have a motion. Is there a second? MR. WEIGEL: I have a question, if I may, for clarification. In regard to vice-chairman or his designee, will the designee be another member of the board or someone off -- COMMISSIONER HANCOCK: Yes. COMMISSIONER CONSTANTINE: Yes. COMMISSIONER HANCOCK: Or however we need to do that, other board designee. MR. WEIGEL: Designated by the vice-chairman. Thank you. COMMISSIONER MATTHEWS: We maybe want to include other -- or other representative of the county commission designated by the vice-chairman, whatever. Mr. Weigel can craft that. MR. WEIGEL: That's just fine. COMMISSIONER MATTHEWS: I'd like to ask Commissioner Hancock why -- why you would want to include in your new motion approval of the county manager of whoever the city or county representatives would be. COMMISSIONER HANCOCK: Well, not for the city. The reason I wanted to include that is because of the comment you made regarding is this going to affect staff time. I mean, that -- before we allow -- you know, we appoint a staff member to a committee, you know, I would assume we are going to get the county manager's approval because he knows that individual's workload better than we do. COHHISSIONER MAC'KIE: Well, we don't have authority to tell staff what to do; he has to. COHMISSIONER HANCOCK: Right. COHMISSIONER MAC'KIE: We can be in there or not in there. The fact is they don't do nothing without their boss's okay. COHMISSIONER MATTHEWS: I don't think that it matters that it be there. COHMISSIONER HANCOCK: Fine, take it out. CHAIRMAN NORRIS: Is there a second? COHMISSIONER MATTHEWS: I'll second it then. CHAIRMAN NORRIS: Motion and a second. All those in favor, signify by saying aye. And opposed? COHMISSIONER HANCOCK: Thank God, the kids left early. Item #12C2 RESOLUTION 96-139, RE PETITION AV-95-011 TO VACATE CERTAIN 20 FOOT ALLEYWAYS AND PORTIONS OF CERTAIN CUL-DE-SAC RIGHTS-OF-WAY AS SHOWN ON THE PLAT OF GOLDEN GATE UNIT 6 AND UNIT - ADOPTED WITHIN ONE CONTINGENCY CHAIRMAN NORRIS: Petition AV-95-11 COHMISSIONER CONSTANTINE: Mr. Chairman, this was an item I asked to be continued from 2-27. I have just one item before you close the public hearing. And that is as part of -- I don't mind vacating it, but I do want to save a use easement on the east-west portion between 28th and Golden Gate Parkway and the little northern connector going out to 28th and the -- I had a discussion with the petitioner -- they had no objection to that -- before we want to do that fitting with the alleyway project we're doing in Golden Gate. CHAIRMAN NORRIS: Commissioner Hancock. COHMISSIONER HANCOCK: And Commissioner Constantine, I don't know which of you would be better served to answer this, but by eliminating some of these cul-de-sacs, are we then forcing access from Golden Gate Parkway on some of the lots? COHMISSIONER CONSTANTINE: No. COMMISSIONER HANCOCK: Okay. Because I'm a little unsure how the lot lines fall. Is it a continuation of lot lines, center of roadway -- COMMISSIONER CONSTANTINE: I'm sorry. Let me answer that again. It will give an access from the parkway, but I think that's -- for commercial purposes that's appropriate as opposed to the back way would have been via neighborhoods. COMMISSIONER HANCOCK: These are all commercially zoned? COMMISSIONER HANCOCK: Correct, under this PUD we just approved, the 27th. COMMISSIONER HANCOCK: And is -- the parcel being vacated, is it then deeded back to the landowner by continuation of lot line throughout the same tangent that they're on? COMMISSIONER CONSTANTINE: Correct. And all I'm asking is the -- the alleyway which is off -- actually off the edge of this one I'm looking at, but -- but a use agreement still be allowed there. Petitioner had no difficulty with that. COMMISSIONER HANCOCK: That answers my question. COMMISSIONER MATTHEWS: Are there public speakers? Are we -- CHAIRMAN NORRIS: Close the public hearing. COMMISSIONER CONSTANTINE: Mr. Chairman, I'll make a motion we approve the item contingent upon that one use agreement on what used to be the public alleyway. COMMISSIONER HANCOCK: Second. COMMISSIONER MATTHEWS: Second. CHAIRMAN NORRIS: Motion and a second. All those in favor, signify by saying aye. Opposed? There are none. Item #12C3 ORDINANCE 96-11, COLLIER COUNTY PUBLIC NUISANCE ABATEHENT ORDINANCE - ADOPTED Next item is 12(C)(3), the public nuisance abatement ordinance brought forward by Commissioner Hac'Kie and Commissioner Norris. COHMISSIONER CONSTANTINE: Is this brought forward to -- COHMISSIONER MATTHEWS: I think we've all followed this through pretty closely throughout the origination of this. CHAIRMAN NORRIS: Correct. We have public speakers. COHMISSIONER MATTHEWS: And we do have public speakers, and if Ramiro would keep his presentation -- COHMISSIONER CONSTANTINE: Nonexistent. COHMISSIONER MATTHEWS: -- short. CHAIRMAN NORRIS: That will do. Close the public hearing. COHMISSIONER MAC'KIE: Move approval. CHAIRMAN NORRIS: We have motion and a second to approve the nuisance abatement ordinance. All those in favor, signify by saying aye. All those opposed? There are none. Item #13A1 RESOLUTION 96-140 RE PETITION CU-95-25, DR. NENO J. SPAGNA, AICP, OF FLORIDA URBAN INSTITUTE, INC., REPRESENTING TRUSTEES FIRST BAPTIST CHURCH OF IHMOKALEE, REQUESTING CONDITIONAL USE "1" OF THE "RHF"-6 ZONING DISTRICT FOR A CHURCH PROPERTY LOCATED ON THE SOUTH SIDE OF WEST MAIN STREET, IN IHMOKALEE, CONTAINING 4.79 ACRES, MORE OR LESS - ADOPTED Next item is 13(A)(1), petition CU-95-25, Dr. Spagna. MR. NINO: Ron Nino for the record presenting petition CU-95-25, which is a petition to authorize a church conditional use in an area zoned RHF-6 in the Immokalee -- community of Immokalee. COHMISSIONER CONSTANTINE: Have you received any objections to this? MR. NINO: No objections. COHMISSIONER MAC'KIE: Second. MR. NINO: This site had previously been approved for a church. That conditional use has expired -- had expired and consequently -- COHMISSIONER CONSTANTINE: Have any conditions changed since that original conditional use was approved? MR. NINO: No. CHAIRMAN NORRIS: Close the public hearing. COHMISSIONER MATTHEWS: I'd like to make a motion to approve the petition. CHAIRMAN NORRIS: We have a motion and a second. All those in favor, signify by saying aye. Opposed? Item #13A2 PETITION V-95-31, HICHAEL ROSEN OF VILLAGEWALK DEVELOPHENT COHPANY, REQUESTING A 2.2 FOOT VARIANCE FROM THE REQUIRED 25 FOOT REAR YARD SETBACK TO 22.8 FEET AND A 3.65 FOOT VARIANCE FROM THE REQUIRED 25 FOOT REAR YARD SETBACK TO 21.35 FEET FOR LOT 151 AND A 2.79 FOOT VARIANCE FROM THE REQUIRED 25 FOOT FRONT YARD SETBACK TO 22.21 FEET FOR LOT 159 FOR PROPERTY LOCATED WITHIN THE VINEYARDS PUD, WEST OF INTERSTATE 75, REFERRED TO AS VILLAGEWALK, FURTHER DESCRIBED AS LOTS 151 AND 159, CERRITO COURT - DENIED Our next item is 13(A)(2), petition V-95-31. CHAI~ NORRIS: The usual questions, Hr. Hilk. Who caused this variance? Was it our fault? Their fault? MR. MILK: Villagewalk is a unique community in which they plat each street with single-family lots. They develop each street with a particular model. What occurred was a platting for this particular single-family street -- there's 38 single-family lots. There's 12 Manor models, which are thirty-five hundred square feet in size. The lots are 10,000 square feet plus. During the platting process they revised the Manor to what they call a Windsor, which is a twenty-five hundred square-foot model, that model on two lots, 151 and 159. The lots are slightly irregular. CHAIRMAN NORRIS: So it's a plat problem? MR. MILK: No, it's not a plat problem. It's just that the house was a little bit longer than the building envelope as created during the initial plat, therefore, the need for the variances to both lots. COHMISSIONER CONSTANTINE: But could you fit a -- that's twenty-five hundred square foot -- could you fit a twenty-four hundred and fifty square foot or twenty-three hundred square foot -- MR. MILK: Sure, you could. COHMISSIONER CONSTANTINE: -- is still allowed in there. MR. MILK: But the essence of Villagewalk, they have four or five models that they design, build, and the same model is configured exactly the same on each street. This particular model has a large window in the bathroom with an architectural-designed fence and open area with a fence and a corner of the buildings. And believe me, through the auto-CAD computer system, we've tried to identify an exact location. This is the least amount of variance that was required for each of these lots due to the configuration of the lot itself. CHAIRMAN NORRIS: There's only two lots involved? MR. MILK: That's correct. There's two lots involved, 151 and 159. COHMISSIONER CONSTANTINE: It just seems to me if we're going to maintain the hardship rule here, I'm hard pressed to see a hardship. While they may only market certain homes there, is there an ability to build a home there of still substantial size that would fit? If there is, it's not that particular model, but there is that ability. MR. MILK: Actually, they could build a larger home there. It's just that the up front -- there's 38 lots on the street. The first six lots to the north and south already have the Manor model built. They want to develop the remainder of the street, the 26 additional lots with the Windsor model. Therefore, it's a uniformed development architectural-style housing type. COMMISSIONER CONSTANTINE: Manor model is small? MR. MILK: The Manor model is a larger model. No, that would fit but then you'd have the Windsor model, the Manor model and another Windsor model. COMMISSIONER CONSTANTINE: Heaven forbid. MR. MILK: It's a unique community and, again, I agree that -- in fact, staff said there was no hardship and our recommendation was that of denial. The consequences here are this particular developer has a theme for each street. There's walkways. There's landscaping. There's open space. It's a community unique to the Boston Villagewalk. COMMISSIONER MAC'KIE: Could they -- could they solve their problem by replatting and this is just a more efficient way of addressing the -- MR. MILK: This is probably a more efficient way to resolve the issue, and we've been looking at this for probably six months. COMMISSIONER MAC'KIE: I don't -- I don't see any reason not to do it. If we can accomplish the goal one of several ways, why make them jump through a different set of hoops since they've jumped through this set. COMMISSIONER HANCOCK: I'm traditionally Mr. Meany Pants on variances, and two of these variances don't bug me because they're the little jet-out privacy walls. They're not hard structure, but one of them is a hard structure variance into the setback. I guess maybe if the petitioner can -- there's got to be a compelling reason that creates a -- a hardship, if you will, something that has a negative impact on the neighborhood, the community, the street, and it's not being shown to us. So unless, you know, I -- I have yet to find a compelling reason other than we platted it for X, we decided to build Y, and Y doesn't fit. MR. ROSEN: Mike Rosen with Boston Homes. We've tried it geometrically, as Mr. Milk said, to fit the Windsor model on that particular lot, and it just won't fit. I mean, we basically discontinued the Manor home. So what we would have to do is go back and build two Manor homes that would be more sellable on those two lots. They would be odd-ball lots. We have a production type of a development where everything is basically the same, and those would stick out as two odd balls in the middle of the street. COMMISSIONER HANCOCK: Is the entire street Windsor? MR. ROSEN: The first 12 -- excuse me. The first 12 are Manor, then the balance would be Windsor. And so we would have two Manors stuck in the middle of the Windsors. COMMISSIONER HANCOCK: Has someone bought lot and home on 150 and on 1607 MR. ROSEN: No, sir. COMMISSIONER HANCOCK: Okay. So they're not built yet? MR. ROSEN: No sir. MR. FOLEY: If I may, for the record, Jack Foley, Coastal Engineering. The configuration of these are on a cul-de-sac lot, so if you do get out on the property itself, visually you really can't tell with these variances. They are an odd-shaped lot. We did try everything we could to make the particular model fit, but due to the configuration of the lot, if -- if you do take an opportunity to get out there and look at it, it is a very peculiar situation. COHMISSIONER CONSTANTINE: It just seems to me, I mean, you can buy prepared plan -- you can have a home built to preprepared plans and make minor alterations in it. Two of the three are for privacy walls. They could disappear, and you wouldn't need the variance. You could certainly do something to alter that situation in this particular home which leaves you only with one variance, and it's only for a matter of a few feet. I'm just wondering; surely architecturally there's a way to alter it. And would it be an exact replica of all the other homes? No, it wouldn't. But it wouldn't be an eyesore. It wouldn't mismatch the rest of the street, which appears to be your goal, and it would meet current code. But I don't think we can just arbitrarily say, well, gosh, you're trying to build the street all the same. There's no hardship. Our staff has said there's no hardship. And we can't just arbitrarily say, well, we're going to waive it because it seems like a neat house. We have to have some reason for it, and that's what I'm looking for, a little help. MR. FOLEY: If I may, the Divosta Corporation is very innovative in their construction techniques. And they're not simply a production company that goes out and lays block and does individual designer homes, if you will. They actually have their own forms. They pour the concrete walls. Options are really not available. Their product -- they're followed from coast to coast. I mean, people build the solid product. They follow them everywhere, and that's really their signature, is that we build a home. We build everything basically as best we can. They have their own formers. They don't really have a lot of subcontractors. They actually have the people working for them. So their problem is very unique, and we're excited to have them in Collier County. And they plan to be here for many years to come, and I think that should be at least considered, if possible. COHMISSIONER HANCOCK: That's my understanding, is that it's not like a custom builder. It's almost like you have a precast mold of a home, that they're able to build them at a certain price because they -- there are no variations in structural type. My question is when you went from the Manor to the Windsor, didn't you do the layout at that time? Didn't -- you know, before making the decision to change the model, I would have checked to make sure the model can fit on what I'm changing. MR. ROSEN: Yes, sir, you're correct. It did on 24. These are the only two that we found out when we changed our product that wouldn't fit. So this process started, as Mr. Milk said, six months ago. COHMISSIONER HANCOCK: Is the construction of the Manor home, its physical appearance, dramatically different than that of the Windsor? MR. ROSEN: Cost-wise it is. From the outside appearance, yes, there's a difference. That's all a matter of personal perspective, but cost-wise it's really different. MR. FOLEY: If I may, one other item for Commissioner Constantine. The wall you were referring to is directly in front of a bathroom with a large tub, and it's critical that we keep that. COHMISSIONER CONSTANTINE: Curtains. MR. ROSEN: The Manor home, sir, does or did sell for almost $300,000, and we're finding out that in our particular village, that's not a selling product. And if we come down to a Windsor, which is twenty-five hundred square feet as opposed to thirty-three hundred square feet of AC and selling for at least 50,000 less -- and so it would be a hardship because we probably couldn't sell the Manors. CHAIRMAN NORRIS: Market forces are not what we look as a hardship, unfortunately. MR. ROSEN: I understand. CHAIRMAN NORRIS: That's not in our criteria. COMMISSIONER MATTHEWS: I just question -- on this drawing we have a 151, which is the one that has the hard structure at the rear of the property. There's -- COMMISSIONER HANCOCK: It won't work. COMMISSIONER MATTHEWS: It won't work. COMMISSIONER HANCOCK: Because if you try to rotate it this way, the curvature of the road on the setback line continues parallel to the road. So even if you rotate it, it will stick it out even further on the front. MR. ROSEN: That's correct. We have tried every different way on the computer to make that work. COMMISSIONER MATTHEWS: Make the lot a little wider in the front and rotate this a little bit. COMMISSIONER HANCOCK: Because the setback line will run parallel to its existing curve, which means it will stick out even further. MR. ROSEN: That's correct. Believe me, we tried. I mean, we wouldn't go through this process if we could have done it the other way. COMMISSIONER CONSTANTINE: I'm not unsympathetic, but I just -- I mean, our role is to follow certain ordinances, and we can't just arbitrarily ignore them. And unless there is a hardship, legally acceptable hardship, then I'm hard-pressed to just say okay anyway. COMMISSIONER MAC'KIE: What would this do? If this is denied, what's the result in the community? I mean, if you're denied, what are you going to do with these two lots? MR. ROSEN: They could either remain empty, or we could build the Manors and try to sell them. They'll sit there. I don't know. CHAIRMAN NORRIS: If there's no other questions, we'll close the public hearing. Is there a motion on this? COMMISSIONER HANCOCK: Because I don't -- I don't have a -- the two privacy walls -- and I understand -- I understand hardship and everything. I -- because of their -- their relation, where they are and everything, you know, you're coming in before you're building and asking for something and -- and that's not a hard-structure question. I don't -- I don't have as much as -- I really don't have a problem with that. But where your structure will extend out and, again, we -- we -- we've been trying to hold the line on this hardship. You know, there's got to be a basis, a baseline that we are consistent, and we've -- we've actually caused people to go back and tear off the corner of a pool deck that they built. To then say that on the front end when another product can be built on this site even though its marketability is -- is subjective, we would be inconsistent with some of our past actions, and that's where I -- I have a difficulty. If we're just talking these privacy walls, I think that's -- that's in a gray area, and I -- you know, I'm easier to look at that. But -- COMMISSIONER CONSTANTINE: I want to make a motion to deny. CHAIRMAN NORRIS: Do you have findings for that? Fine. COMMISSIONER CONSTANTINE: Because there's no defined hardship and our staff has gone on record saying there is no hardship. COMMISSIONER HANCOCK: Give me a hardship, guys. You know, we're not hearing anything here. If it's there, we need to hear it. CHAIRMAN NORRIS: The hearing is closed. COMMISSIONER HANCOCK: I'm sorry. I can't do that. MR. FOLEY: If I may -- CHAIRMAN NORRIS: No, the public hearing is closed. Sorry. Is there a second on this motion? COMMISSIONER MATTHEWS: I'm looking for a reason not to deny it, but I can't find one either. CHAIRMAN NORRIS: Is that a second? COHMISSIONER MAC'KIE: Mr. Weigel. MR. WEIGEL: Yes. COHMISSIONER MAC'KIE: Do we have any authority outside of the black and white letter of the law? As the policy makers of the county, can we -- can we interpret what's best for the community as a -- as a finding for approving a variance, or are our hands, in fact, tied by the language of the ordinance? MR. WEIGEL: Well, they're not altogether tied, but there are criteria. The board is -- has a responsibility to review the criteria and make findings pursuant to the criteria so there is a record either supporting desire for approval or desire for denial. you -- you create it -- you need to create a record based on the criteria either way you go. COHMISSIONER HANCOCK: Mr. Rosen, I'm not happy about the way this is going, but I don't see a lot of options in order to maintain consistency on variances throughout the county and variance requests. COHMISSIONER MAC'KIE: I think Mr. Nino had something to offer. COHMISSIONER MATTHEWS: Hay I ask, Mr. Nino, before this goes much further, the planning commission recommends approval? MR. NINO: Yes. COHMISSIONER MATTHEWS: What were their reasons for recommending approval, because they have the same criteria -- MR. MILK: It did not affect the public health, safety, and welfare of the community. That was their biggest rationale for -- and because these houses were designed for a conventional type of development with -- as a cookie cutter type with all the forms in place. They merely pour a slab, raise it up, put it on the next one. To change that would be -- it would be an economical hardship to the developer. COHMISSIONER CONSTANTINE: Which isn't a legal criteria. MR. NINO: If I may add to that, undue hardship is really a nebulous legal concept, and you can make undue hardship out of -- I think the Planning Commission's position is that they can make undue hardship under any findings of fact. I -- my purpose for standing here is to advise you that staff is -- has prepared an amendment to the variance procedure which addresses the undue hardship and adds to your ability -- COHMISSIONER CONSTANTINE: That amendment isn't in effect right now? MR. NINO: Not in effect. And then it follows -- it follows some research with practices in other parts of the country and the -- the -- the basic conclusion is that you do have more freedom to deal with variances than is met in the strict application -- COMMISSIONER CONSTANTINE: I would like as much as the rest of the board to be able to approve this. But I think the integrity of the process is more important than this individual thing. Do you have an ability to build a home of substantial size on this property? Yes, you do. Is there a hardship? You had ample opportunity. I asked a couple of times while you were at the podium if there was a hardship, and there was not one presented. Our staff can't present a legally viable hardship. As a matter of fact, our staff has said there is no hardship and recommended denial. So I don't know that we have a whole lot of choice. While we may want to do one thing, I don't know that under our own codes and ordinances as they currently exist that we can do that, and I think we've got to maintain the integrity of our ordinances. CHAIRMAN NORRIS: We have a motion on the floor to deny. Is there a second? COMMISSIONER HANCOCK: I will second the motion. COMMISSIONER MATTHEWS: I have one more question for you. Mr. Nino, what you just said, when is that coming before the board for change to the variance procedure? MR. NINO: The next LDC cycle which the Planning Commission will take up within the next couple of weeks, and we'll be coming to you in May, I believe. COMMISSIONER MATTHEWS: And it's going to ease this problem -- MR. NINO: It's going to ease -- it's going to address the problem and remove the requirement, quite frankly, for undue hardship as it applies to nonuse variances, which is the practice throughout the major part of the country. The undue hardship -- COMMISSIONER MAC'KIE: We'll get to that. MR. NINO: -- is imposed by this board, not by case law. COMMISSIONER MATTHEWS: If this is denied today, can the petitioner bring it back under the changed rules? COMMISSIONER MAC'KIE: Or might they need to withdraw it? COMMISSIONER MATTHEWS: Might they need to withdraw and come back after the change? COMMISSIONER CONSTANTINE: If that change actually happens. COMMISSIONER MAC'KIE: Can they -- can they refile, Mr. Weigel? MR. WEIGEL: To answer the question, yes, they could refile, but please note that it's not a fait accompli that the proposed rule changes are going to meet legal sufficiency review. CHAIRMAN NORRIS: That's another thing. It hasn't passed yet. It's got to be passed into law. In the meantime we're dealing with a situation -- we have to deal with the situation as it's presented here today. We have a motion and a second on that. All those in favor of the motion, please say aye. And those opposed? That motion passes three to two for denial. MR. FOLEY: May I ask a question? Can we bring this back? I didn't understand the answer to that should this be adopted CHAIRMAN NORRIS: Mr. Weigel, I believe, said that you may bring it back at your convenience. COHMISSIONER HANCOCK: Mr. Foley, I would like to -- to meet with you on that, because I think there may be -- looking at the community, the way the community develops, there may be some reasoning there that, in fact, has an adverse effect on the future property owners on that street. So I -- again, you know, like I said, it wasn't a comfortable decision, but sticking to what we have done in the past, I didn't have much of a choice today. MR. FOLEY: Understood. Thank you. COHMISSIONER MATTHEWS: We were trying -- Item #14 BOARD OF COUNTY COHMISSIONERS' COHMUNICATIONS CHAIRMAN NORRIS: We -- we're down to the end of our agenda here today. We're down to the communications section. Commissioner Matthews? COHMISSIONER MATTHEWS: No, I have nothing. CHAIRMAN NORRIS: Commissioner Hancock? COHMISSIONER HANCOCK: I just want to tell you I really like all of you. COHMISSIONER CONSTANTINE: I love you. CHAIRMAN NORRIS: You're not getting my boat. COHMISSIONER MATTHEWS: There was some comments a while back about syrup. CHAIRMAN NORRIS: Commissioner Hac'Kie, anything? COHMISSIONER MAC'KIE: Nothing, thank you. CHAIRMAN NORRIS: Commissioner Constantine? COHMISSIONER CONSTANTINE: I have two items. One I think we discussed previously but having to do with the Intellinet Challenge and all of the inquiries came in via the 800 number on that. There has -- have been -- has been -- has been inquiries as to whether or not they can get that list. It's my understanding for two reasons we've said no. One is we're not prepared to have mailing lists available at this particular time, but also that that money was granted to a group other than the county and what -- what response they got is it's theirs and not necessarily the county and as a result not available to the public. And -- but I think we need to have perhaps from Mr. Weigel something in writing on that so if -- I know there's some inquiries now, but if future inquiries come in, we have a solid regular policy or answer for that. COHMISSIONER HANCOCK: Yeah, and I would encourage that next year if there is county funding for next year's event and there are phone calls generated, people be asked would you like to receive additional information. And if they say, yes, then that's a separate mailing list, and that goes out to whoever wishes to pay for the copy. COHMISSIONER CONSTANTINE: Because I'd hate to be encouraging junk mail. Second item is -- and the last thing I want to do is reopen our whole situation into cash management. However, in today's paper there was the comp. time issue, and I'm going to meet with the county manager in regards to that. But I certainly hope that just in general regards that for 106,000 or 108,000 or whatever we're paying you a year now, you're not limiting that to eight to five, and I don't think that's the case. But I hope that's not the case, and I hope everything that goes above and beyond that isn't being tucked away expected to be compensated for, because I think for the position and for the kind of money, a little bit of extra time now and again is warranted and expected as part of the job. The last thing I want to do is reopen that whole thing, but I think we need to make sure everyone's clear on that so that it doesn't just grow into a little issue of its own. CHAIRMAN NORRIS: That's not exactly the last thing because you just reopened it. Mr. Dotrill, do you have anything further today? MR. DORRILL: I'll offer a brief response to that. Then, yes, I do have one thing I want to talk to you about. I think that if you'll check the various correspondence between my office and the clerk and the clerk's attorney, they're of the opinion that the records that I keep are the most expansive and complete records of any public official so that I -- I do account for all of -- of my time. And the answer to your first question is on average I arrive to work between 7:30 and 8:15 and on average, stay well after five o'clock. I don't log any of that. And I think, frankly, being county manager is a 24-hour-a-day job. And, in fact, only for those extraordinary requests or evening meetings or special speaking engagements that occur before or after work do those get logged. And on average I'll be willing to say that only less than half of that is -- is ever taken in any way. So you're -- you're getting more -- more for your money than just a 40-hour-week position. Item #15 STAFF'S COHMUNICATIONS The one thing that I do have today is the commission budgeted $170,000 this year for a -- a new piece of drainage fighting machinery -- and two things. It came in significantly under budget, almost 10 percent below budget. You bought a piece of Hyundai (phonetic) equipment. COHMISSIONER HANCOCK: Only because it wasn't available, made in the USA. MR. DORRILL: It is, but John Deer and Caterpillar were not as competitive, and my understanding is that it will arrive this week. And just because we don't buy a lot of pieces of heavy equipment that are that expensive, that when it arrives we will make it available here one day depending on its date of delivery. COHMISSIONER HANCOCK: Test driving. MR. DORRILL: The affinity that Commissioner Matthews and Hac'Kie have for equipment picture taking, if you all are here that day, I'd like for you to see it before it goes out into the field because it probably will not be back, and there's a lot of work that's already been scheduled. COHMISSIONER HAC'KIE: It will be really dirty, and we won't want to get on it then. COHMISSIONER MATTHEWS: Well, just leave the key in it. We might want to try. CHAIRMAN NORRIS: Mr. Weigel? MR. WEIGEL: Nothing. CHAIRMAN NORRIS: Miss Filson? MS. FILSON: I'm ready for lunch. ***** 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 LETTER OF CREDIT ACCEPTED AS SECURITY FOR EXCAVATION PERMIT NO. 59.359 "NAPLES HERITAGE GOLF COURSE" LOCATED IN SECTIONS 4, 9 AND 10, T50S, R26E See Pages Item #16A2 RESOLUTION 96-128 RE LIEN RESOLUTION TO EFFECT THE ABATEMENT OF THE PUBLIC NUISANCE FOR CODE ENFORCEMENT CASE NO. 50420-012; OWNER OF RECORD - DELTONA CORPORATION See Pages Item #16A3 RESOLUTION 96-129 RE LIEN RESOLUTION TO EFFECT THE ABATEMENT OF THE PUBLIC NUISANCE FOR CODE ENFORCEMENT CASE NO. 50420-011; OWNER OF RECORD - DELTONA CORPORATION See Pages Item #16A4 LETTER OF CREDIT ACCEPTED AS SECURITY FOR EXCAVATION PERMIT NO. 59.558 "GREY OAKS - PHASE 1B, LAKE #22 LOCATED IN SECTIONS 24 AND 25, T495, R25E See Pages Item #16A5 RECORD THE FINAL PLAT OF "ISLAND COVE" - WITH STIPULATIONS, PERFORMANCE BOND & CONSTRUCTION AND MAINTENANCE AGREEMENT See Pages Item #16B1 REJECT BID NO. S95-2435, SURPLUS SCRAP METAL AND SURPLUS CONCRETE POLES Item #1682 - This item was withdrawn Item #1683 RESOLUTION 96-130 RE ACQUISITION OF ROAD RIGHT-OF-WAY, SIDEWALK, UTILITY, DRAINAGE, MAINTENANCE AND TEMPORARY CONSTRUCTION EASEMENT AND/OR FEE SIMPLE TITLE FOR AIRPORT-PULLING ROAD PROJECT, CIE NO. 055 See Pages Item #16B4 - This item has been deleted Item #16B5 ACCEPTANCE OF DRAINAGE EASEMENTS FROM THREE (3) PROPERTY OWNERS LOCATED IN TOWNSHIP 48, RANGE 25, SECTION 15, ALSO KNOWN AS IMPERIAL GOLF COURSE DEVELOPMENT, WHICH WILL ALLOW THE STORMWATER MANAGEMENT DEPARTMENT THE AUTHORITY TO ENCLOSE AND MAINTAIN AN EXISTING DITCH - WITH STIPULATIONS Item #16B6 PROPOSAL TO INSTALL ADDITIONAL LANDSCAPING AT THE GLADES DISTRIBUTION COMPLEX TO ADDRESS NEIGHBORHOOD CONCERNS - IN THE AMOUNT OF $14,481.75 Item #16B7 WORK ORDER TO AGNOLI, BARBER & BRUNDAGE, INC. FOR WATER AND SEWER IMPACT FEE METHODOLOGY See Pages Item #16C1 COLLIER COUNTY PUBLIC LIBRARY BUDGET AMENDMENT TO RECOGNIZE ADDITIONAL IMPACT FEES - IN THE AMOUNT OF $159,217.00 Item #16D1 AWARD BID NO. 96-2488 FOR ROOFING REPAIRS AND INSPECTION SERVICES - TO CROWTHER ROOFING & FLORIDA SERVICE ROOFING Item #16D2 RESOLUTION 96-131 AFFIRMING THE POSTING OF SIGNAGE THAT REGULATES STOPPING, STANDING OR PARKING OF VEHICLES AT THE COLLIER COUNTY GOVERNMENT COMPLEX; ALSO AUTHORIZE THE COUNTY ATTORNEY'S OFFICE TO DRAFT AND ADVERTISE FOR PUBLIC HEARING AN ORDINANCE TO AMEND COUNTY ORDINANCE 80-47, AS AMENDED, AND THEREBY INCREASE PARKING VIOLATION FINES FOR ALL NON-HANDICAPPED PARKING VIOLATIONS FROM FIVE DOLLARS TO TWENTY-FIVE DOLLARS AND TO AUTHORIZE THE POSTING OF SIGNS THAT DESIGNATE AREAS AS VEHICLE TOW-AWAY ZONES See Pages Item #16D3 RESOLUTION 96-132 ADDING UNITS TO THE 1996 COLLIER COUNTY MANDATORY SOLID WASTE COLLECTION SPECIAL ASSESSMENT ROLL AND AUTHORIZE THE CHAIRMAN TO EXECUTE CERTIFICATES OF CORRECTION CORRESPONDING TO THIS RESOLUTION See Pages Item #16D4 SATISFACTION OF LIEN DOCUMENTS FILED AGAINST VARIOUS REAL PROPERTY FOR ABATEMENT OF NUISANCE See Pages Item #16D5 CERTIFICATES OF CORRECTION TO THE 1996 SOLID WASTE COLLECTION AND DISPOSAL SPECIAL ASSESSMENT ROLL, AND AUTHORIZATION FOR REFUNDS AS APPROPRIATE See Pages Item #16El AWARD BID NO. 96-2478 FOR THE PRINTING OF THE BOARD OF COUNTY COHMISSIONERS' WEEKLY AGENDA TO KOZHIK KOPIES - WITH THURSDAY DEADLINE & COST PER COPY OF $.31 Item #16E2 BUDGET AMENDMENT #96-269 Item #16E3 CORRECTED PROJECT CODE IDENTIFIED AS 194-101540-88200-10215 ON FISCAL IMPACT THE EXECUTIVE SUMMARY FOR CONTRACT WITH NAPLES AREA CONVENTION AND VISITORS BUREAU OF CATEGORY B TOURIST DEVELOPMENT FUNDING Item #16G1 CERTIFICATE OF CORRECTION TO THE TAX TAX ROLLS AS PRESENTED BY THE PROPERTY APPRAISER'S OFFICE 1995 Real Property No. Dated 207 02/26/96 Item #1662 SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER See Pages Item #1663 MISCELLANEOUS CORRESPONDENCE - FILED AND/OR REFERRED The following miscellaneous correspondence as presented by the Board of County Commissioners has been directed to the various departments as indicated: Item #16H1 BUDGET AMENDMENT RECOGNIZING THE CARRY FORWARD IN COUNTYWIDE CAPITAL FUND (301) - IN THE AMOUNT OF $67,900 Item #1611 RESOLUTION 96-133 AND CWS-96-3 SPLITTING THE WATER SPECIAL ASSESSMENT FOR ACCOUNT NO. 119506 LOCATED WITHIN THE COUNTY REGIONAL WATER ASSESSMENT DISTRICT NO. 1 (PROJECT NO. 38000) See Pages Item #1612 SATISFACTION OF LIEN FOR THE EAST AND SOUTH NAPLES SANITARY SEWER DISTRICT NO. 1 SPECIAL ASSESSMENT FOR PROJECT NO. 51000, ACCOUNT NO. 213510 See Pages There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 12:10 p.m. BOARD OF COUNTY COHMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL JOHN C. NORRIS, CHAIRMAN ATTEST: DWIGHT E. BROCK, CLERK These minutes approved by the Board on as presented or as corrected TRANSCRIPT PREPARED ON BEHALF OF DONOVAN COURT REPORTING BY: Barbara A. Donovan