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BCC Minutes 10/07/1997 R REGULAR MEETING OF THE BOARD OF COUNTY COHMISSIONERS Naples, Florida, October 7, 1997 LET IT BE REHEHBERED, that the Board of County Commissioners in and for the County of Collier, and also acting as the Board of Zoning Appeals and as the governing board(s) of such special districts as have been created according to law and having conducted business herein, met on this date at 9:05 a.m. in REGULAR SESSION in Building "F" of the Collier County Government Center, Administration Building, Naples, Florida, with the following members present: CHAIRMAN: Timothy L. Hancock John C. Norris Timothy J. Constantine Pamela S. Hac'Kie Barbara B. Berry ALSO PRESENT: David C. Weigel, County Attorney Robert Fernandez, County Administrator Item #3 AGENDA AND CONSENT AGENDA - APPROVED WITH CHANGES ***CHAIRMAN HANCOCK: Good morning. I'm going call to order the October 7th Board of County Commissioners meeting. The first item on our agenda is an invocation. We're please to have Pastor Ron Walter of Immanuel Lutheran Church here with us this morning. And, Pastor Walter, if I could ask for your invocation this morning and we'll follow that with the Pledge of Allegiance to the flag. I'm sorry. Apparently Pastor Walter did not make it this morning, so -- COMHISSIONER MAC'KIE: I'll volunteer. CHAIRMAN HANCOCK: Commissioner Mac'Kie, thank you. COMHISSIONER MAC'KIE: Okay. Heavenly Father, we thank you for this gathering of community leaders and of people interested in what happens in Collier County and to the people of Collier County. We ask your blessing and your guidance on this board as we deliberate important decisions and we ask that your hand guide all of the actions of Collier County. We pray it in your name. Amen. (The Pledge of Allegiance was recited in unison.) CHAIRMAN HANCOCK: Thank you, Commissioner Mac'Kie. COMMISSIONER MAC'KIE: You're welcome. Good Morning, Mr. Fernandez. MR. FERNANDEZ: Good morning. ***CHAIRMAN HANCOCK: What do you have for changes today? MR. FERNANDEZ: Mr. Chairman, we have four moves and one continue. COMMISSIONER CONSTANTINE: Mr. Chairman, can I inquire about the first two, in particular. I don't know that in five years we've ever moved something off the regular agenda onto the Consent Agenda. MR. FERNANDEZ: Well, I'll go further than that. In twenty-five years I've never seen it either, but when it came to my attention that this is something that would be proper, I called Mr. Weigel and found that there is really no reason why we couldn't. In our review of the agenda, we figured -- we came to the conclusion that these are essentially routine items and should have been on Consent, so I said, "Well, let's go ahead and put it on the change list and move them to Consent." COMMISSIONER MAC'KIE: I think it's -- I'd like to see more of it. CHAIRMAN HANCOCK: I think that particular one is in, in conformance with what the board has asked for in the past when, as Mr. Fernandez put it to me, halfway through the presentation we interrupt him and say, "Motion to approve." So, with his discretion, I trust that and I think it's a good idea. MR. FERNANDEZ: Thank you. So the first item is to move Item 8(A)(3) to 16(A)(1). That's from regular to Consent. The second is to move Item 8(A)(4) to 16(A)(2). That's also from regular to Consent. The third is to move Item 16(B)2 to 8(B)2. That's from Consent to regular. Reject bids received for the NCRWTP 8 million gallons per day expansion project and authorized rebidding. The next is to move from Consent to regular Item 16(B)5 to 8(B)3. This is the reject bid number 97-2665, North County Regional Wastewater Treatment Plant -- Treatment Facility Solids Stabilization Facility Improvements, Project 73047. The final one is to continue Item 16(C)5 to the meeting of October the 21st. This is to adopt the Sugden Regional Park special event usage policy, and this is at the staff's request. That completes the list, Mr. Chairman. CHAIRMAN HANCOCK: Okay. Mr. Weigel, did you have anything additional? MR. YOVANOVICH: Nothing more. Thank you. CHAIRMAN HANCOCK: Commissioner Mac'Kie? COMHISSIONER MAC'KIE: Nothing, thank you. CHAIRMAN HANCOCK: Commissioner Norris? COMHISSIONER NORRIS: Not today. CHAIRMAN HANCOCK: Commissioner Berry? COMHISSIONER BERRY: Nothing today, thank you. CHAIRMAN HANCOCK: Commissioner Constantine? COMMISSIONER CONSTANTINE: Mr. Chairman, I have no changes. I'll make a motion -- CHAIRMAN HANCOCK: Excuse me. I do have one addition. I have had some phone calls from individuals who have fezone petitions on Marco Island in the works. So under County Attorney I would like to get an update. I'm going to ask Mr. Weigel, if I could interrupt your conversation for a second? COMHISSIONER MAC'KIE: David? MR. WEIGEL: Pardon me. CHAIRMAN HANCOCK: I'd like, under County Attorney, to discuss the Marco Island zoning applications that are in the works now. MR. WEIGEL: Fine. CHAIRMAN HANCOCK: Because I'm hearing some conflicting information out there. So under County Attorney if we could get an update on that, please? MR. WEIGEL: Very good. Yes. CHAIRMAN HANCOCK: Thank you. With that I have no other changes. COMMISSIONER CONSTANTINE: Mr. Chairman, I'll make a motion we approve the agenda and Consent Agenda, as amended. COMHISSIONER BERRY: Seconded. CHAIRMAN HANCOCK: Thank you. Motion and second. All those in favor signify by saying aye. Item #4 MINUTES OF REGULAR MEETING OF SEPTEMBER 9, 1997; EVENING BUDGET MEETING OF SEPTEMBER 9, 1997; REGULAR MEETING OF SEPTEMBER 16, 1997 AND EVENING BUDGET MEETING OF SEPTEMBER 17, 1997 ***CHAIRMAN HANCOCK: To approval of minutes. COMHISSIONER CONSTANTINE: Mr. Chairman, I make a motion we approve the minutes of the regular meeting of this board for September 9 and September 16, 1997, and both are evening budget meetings of September 1997. CHAIRMAN HANCOCK: Motion. Is there a second? COMHISSIONER MAC'KIE: Second. CHAIRMAN HANCOCK: A motion and a second. All those in favor signify by saying aye. Opposed? (No response.) Seeing none. Item #5A1 PROCLAMATION PROCLAIMING OCTOBER 7, 1997 AS MENTAL ILLNESS AWARENESS DAY - ADOPTED We are to Proclamations under 5(A) l. Commissioner Hac'Kie, we have a proclamation regarding Mental Illness Awareness Day. COHMISSIONER HAC'KIE: Thank you for letting me read this proclamation. I'd like to ask Kathryn Leib Hunter if she could come forward to accept this proclamation, and someone with her? Wonderful. If you'll just come forward and face the camera, I will read this. WHEREAS, the National Alliance for the Mentally Ill has proclaimed October 5 through 12 as Mental Illness Awareness Week; and, WHEREAS, the Collier County affiliate, the Alliance for the Mentally Ill of Collier County, more commonly known as AMI-CC is a member in a good standing; and WHEREAS, AMI of Collier County also wishes to proclaim October 5th through 12th as Mental Illness Awareness Week; and, WHEREAS, AMI of Collier County also wishes to proclaim the month of October as Mental Illness Awareness Month; and, WHEREAS, AMI of Collier County also wishes to proclaim this day, Tuesday, October 7, as Mental Illness Awareness Day; and, WHEREAS, AMI of Collier County is a family organization for persons with brain disorders such as schizophrenia, BI Polar disorder, depression, ADD, ADHD, OCD; and, WHEREAS, AMI of Collier County hopes that, in passing this proclamation, we will raise public awareness about brain disorders, and reduce the stigma that is attached to these illnesses. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that October 7, 1997, be designated as Mental Illness Awareness Day. DONE AND ORDERED, this 7th Day of October, 1997, Board of County Commissioners, Collier County, Florida, Timothy L. Hancock, Chairman. And I would like to move acceptance to this proclamation. COMMISSIONER CONSTANTINE: I'll second that. CHAIRMAN HANCOCK: We have a motion and a second. All in favor signify by saying aye. Congratulations. (Applause.) MS. HUNTER: Good morning, Commissioners. On behalf of the board of directors of the Alliance for the Mentally Ill, I would like to take this opportunity to thank you, Commissioners, for your support in this proclamation. We work endlessly to educate the community about mental illnesses, commonly know as brain disorders. These disorders affect one in four families. If we simply look at the numbers of the commissioners and staff, the statistics will tell us that one of your families is affected by a brain disorder such as depression, manic depression, schizophrenia, OCD, Tourette's or ADD. As we recognize this time, let us recognize those persons who work so hard at staying well, by taking their medications, not abusing substances, eating right and getting enough rest. Let us honor those professionals for the patience and the knowledge in working with them, and let's not forget their families who are there for them in time of need. Our objectives are to provide education, comfort and support to families, to obtain needed services for the mentally ill and to advocate for treatment and services necessary for the recovery, to acquire and disseminate information to families, financial aid and treatments currently available to the mentally ill. It is only with the continuing support of persons like yourselves that we can continue to do this. And here to speak very briefly is my assistant at the AMI office, Bob Trebilcock. MR. TREBILCOCK: I am mentally ill, as one family in four have a mentally ill member. People who know me say I'm not mentally ill, but I know that I am. I work in a volunteer position with Alliance for the Mentally Ill. I studied psychology and there are quite a few different diagnoses. I have at various times had different diagnoses. I have finally been diagnosed right and make sure to take the medicine to correct this illness. People who are mentally ill can accomplish a lot if given a chance. MS. HUNTER: Thank you, Bob. (Applause) CHAIRMAN HANCOCK: Thank you very much. Item #5A2 PROCLAMATION PROCLAIMING THE WEEK OF OCTOBER 6-12, 1997 AS NATIONAL 4-H WEEK - ADOPTED Next we have a proclamation proclaiming the week of October 6 through 12 as National 4-H week, and, Commissioner Berry. COHMISSIONER BERRY: Yes. If I could have Jody Brown and Wendy Carlson? Jody's the president and Wendy's the vice president of the 4-H County Council. If you'll turn around and face the TV camera, please, in the back of the room? The proclamation reads: WHEREAS, the goal of 4-H is to provide opportunities for the youth in Collier County in the areas of leadership, citizenship, personal development, and practical skills; and, WHEREAS, these activities have resulted in learning experiences and accomplishments that have received State and National recognition; and, WHEREAS, the Board of County Commissioners of Collier County feels this 4-H program contributes to the overall development of our youth; and, WHEREAS, the 4-H members receive inspiration and guidance from interested parents, professional Cooperative Extension Service workers and volunteer adult and teen leaders, and support from many community organizations and businesses. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that the week of October 6th through the 12th, 1997, be designated as National 4-H Week, and all citizens of Collier County are urged to join this board in giving appropriate recognition to the achievements of the 4-H Clubs of Collier County. DONE AND ORDERED THIS 7th day of October, 1997. Board of County Commissioners, Collier County, Florida, Timothy L. Hancock, Chairman. Mr. Chairman, I would like to move acceptance of the proclamation, please. COMMISSIONER MAC'KIE: Second. COMMISSIONER CONSTANTINE: Second. CHAIRMAN HANCOCK: All those in favor signify by saying aye. (Applause) MS. BROWN: My name's Jody Brown, President of the 4-H County Council. I'm a member and team leader of God's Country 4-H Club. I've been a member of 4-H for six years. MS. CARLSON: My name is Wendy Carlson and I'm the Vice President of the 4-H Council and a member and a team leader at the Outback Neighbors 4-H Club, and I have been in 4-H for ten years. MS. BROWN: On behalf of the 4-H Club members we would like to thank the commission, county administrators and personnel, our extension agents, civic clubs, businesses, schools and 4-H volunteers for your time, support and commitment through youth development through 4-H. Throughout the past year approximately 4,000 boys ages five to eighteen boys -- boys and girls ages five to eighteen, and their families throughout the county, from all backgrounds, had many learning experiences through participation in traditional 4-H Clubs, special interest programs, camps, workshops, school enrichment and leadership programs. Over 300 adults volunteered their time to make theses opportunities possible. 4-H emphasizes practical skills, public speaking, recordkeeping and knowledge in a wide variety of project areas. The most popular projects were in animal science, citizenship and leadership, health and safety, individual and family resources and environmental services. Third grade students throughout the county participated in On Your Own, a 4-H school project that teaches children coping skills needed for when they may be home alone. Other classes benefited from 4-H money management and embryology projects. Many home school youth also participated. Community service is an important part of 4-H. Last year 4-Hers served the community through beach clean-ups, cleaning fields, to fill a food pantry, making a quilt to give away, mentoting younger children who needed help learning to read, helping needy families, visiting nursing homes, planting flowers at a community center and much more. In keeping with the theme that youth are an important resource who have much to contribute, we are excited about the 4-H Youth in Action campaign that is being launched nationally this week. The National Advertising Council has selected 4-H as one of the four organizations to promote. Youth throughout the country and certainly here in Collier County are invited to join 4-H as a way to get involved in their community. MS. CARLSON: Teens in 4-H have many leadership opportunities, such as serving on our county, district and state councils, officer training counselor training, the Know Your County Government Program. 4-H legislature, which is held in Tallahassee, 4-H congress, which is held at the University of Florida, and national 4-H congress in Memphis. I'm excited to be one of four Collier County teams who earned the opportunity to represent Florida at national 4-H congress next month. There are twenty-eight in the delegation and we have the most from any individual county. MS. MAC'KIE: Great. MS. CARLSON: Collier teams received statewide recognition in competition in several categories this summer, including career exploration, food and nutrition and animal science, poster making and reported keeping. 4-H helps us develop our skills and knowledge in many areas, but particularly in working together as a group, making decisions and following through on our responsibilities, and we have a lot of fun. 4-H clubs are reorganizing this fall thanks to many adults who are willing to share their time and expertise. 4-H projects are also being conducted in the classrooms. 4-H also collaborates with other youth-serving agencies to provide educations and leadership experiences at after school daycare sites. Several clubs will be participating in the old-fashioned farm days being held November 1 and 2 at the fairgrounds, and we hope everyone will attend. We invite the citizens of Collier County to join us in helping to make a positive difference. Again, thank you for your support. We would like to present each of you with a Partner in 4-H pin. CHAIRMAN HANCOCK: Thanks, both of you. Congratulations and good luck at the conference. THE WITNESS: Thank you. (Applause) Item #5B EHPLOYEE SERVICE AWARDS - PRESENTED ***CHAIRMAN HANCOCK: Next, Item 5(B) Service Awards. Commissioner Constantine? COHMISSIONER CONSTANTINE: Mr. Chairman, we have four employees who we are honoring with service awards this week. The first two have each been with us for five years, hanging out down on Horseshoe Drive, Timothy Stick and also Road & Bridge, Harvey Hall. (Applause) CHAIRMAN HANCOCK: Don't worry. We know you're doing more than just hanging out. COHMISSIONER CONSTANTINE: Yes. There seems to be an awful lot of activity down there. And celebrating fifteen years with us, currently serving in the Department of Revenue, Sue Getter. COHMISSIONER CONSTANTINE: The rare goose down pin. THE WITNESS: Thank you. CHAIRMAN HANCOCK: Real imitation amethyst. COHMISSIONER CONSTANTINE: Genuine imitation. And, as Commissioner Norris would say, with a good start with twenty years in our ag. department, Donny Fauls. Item #5Cl RHONDA SNELL, PURCHASING DEPARTHENT, SUPPORT SERVICES DIVISION, RECOGNIZED AS EMPLOYEE OF THE MONTH FOR OCTOBER, 1997 - PRESENTED ***CHAIRMAN HANCOCK: And as is the chairman's pleasure, once a month at a certain point during the year we like to recognize employees who have gone above and beyond the call of duty and done an outstanding job day-to-day. And this month it's my pleasure to recognize Miss Rhonda Snell from the Purchasing Department as employee of the month for October. So, Rhonda, I need you come up to be duly embarrassed this morning. If you would be so kind as to come up and face the camera, I'll read all your accolades that were attributed to this award. Rhonda, again with the Purchasing Department and the Support Services Division, has a position that requires her to coordinate with several departments for contract bidding and execution. She is an exemplary employee and goes beyond the call of duty to expedite the work she receives. She is very knowledgeable of purchasing polices and her professionalism, coupled with her cheerful attitude helps the bidding projects go much smoother. Rhonda volunteers to correct problems when discovered and performs her duties with patience and decorum, even amidst the most stressful times. Rhonda is furthering her career and adding to her professional services to the County by going to school after work. Her dedication and loyalty are why she was nominated and selected as Employee of the Month for October 1997. And, Rhonda, for you this morning we have a letter signed by me as chairman of the board congratulating you for your award. We have a plaque for you to present and place on your wall to show everyone else just how good you are and, of course, a $50.00 check and our congratulations. (Applause) Item #5C2 GOVERNMENT FINANCE OFFICERS ASSOCIATION'S DISTINGUISHED BUDGET PRESENTATION AWARD TO COLLIER COUNTY GOVERNMENT BY MERVIN TIMBERLAKE, SOUTH FLORIDA REPRESENTATIVE FOR GFOA - PRESENTED CHAIRMAN HANCOCK: Our next item under Presentations is a presentation to the board from the Government Finance Officer's Association, a Distinguished Budget Presentation Award. Good morning. MR. TIMBERLAKE: Good morning. My name is Marvin Timberlake. I'm the Director of Financial Services for the City of Boca Raton in Palm Beach County. Today I'm here representing the government Finance Officer's Association of the United States and Canada. It is indeed a privilege and an honor that I'm able today to award to Collier County the Distinguished Budget Presentation Award. The award represents a significant achievement by the entity. It reflects a commitment by the governing body and staff to meeting the highest principles of government budgeting. In order to receive the budget award, the county had to satisfy nationally recognized guidelines for effective budget presentations. These guidelines are designed to assess how well the county's budget serves as a policy document, a financial plan, an operational guide and a communications device. Your budget has been rated proficient in all four categories. To receive the award it is reviewed by two independent judges in other parts of the country who rate your budget on these four criteria. You are distinguished. You have received this award in the past, but just to tell you how hard this award is to get, of the sixty-six counties in the State of Florida, only a third of the counties currently possess the award. And nationwide, only less than four percent of the counties nationwide have received this award. So you should be indeed proud of your Office of Management and Budget as they again have brought you this award. And with that I would like to present the award to the county chairman. CHAIRMAN HANCOCK: Well, Mr. Timberlake, if I may, it would be inappropriate for me to receive the award because I didn't do any of the work. If I could ask the folks from the Office of Management and Budget, I see a couple people here, Mike Smykowski, and I think it would be more appropriate for Mr. Smykowski to accept the award on behalf of the board since it's he and the employees of the Office of Management and Budget that made it happen. MR. SHYKOWSKI: I am just one member of the Office of Management and Budget. I'll duly embarrass the rest of them and ask them to come on up, please. CHAIRMAN HANCOCK: Please do. COHMISSIONER HAC'KIE: Please. COHMISSIONER CONSTANTINE: And, frankly, it's nothing to be embarrassed about, so -- CHAIRMAN HANCOCK: And, Mike, if you could come on up here, we would like to get a picture of the presentation, as our photographer runs around the room. MR. SHYKOWSKI: Thank you. (Applause) CHAIRMAN HANCOCK: Mr. Timberlake, thank you for being here. Mike, well done. Mike, do you have enough of those to make a coaster set now, because -- MR. SMYKOWSKI: We do. We do. For the record, Michael Smykowski, Budget Director. I would like to thank Mr. Timberlake. We appreciate the award and the opportunity to participate in the program and for the input that we get from peers around the country because our budget is in fact evaluated by other peers from around the country with suggestions for improvement that we try to implement and make our document a little more meaningful, a little more user friendly and just better overall work for the benefit of all, so we thank you. I would also like at this time to introduce the staff of the Office of Management and Budget. Their work is -- there's a lot of work that goes on behind the scenes, recognize them. Phil Tindall, Senior Budget Analyst -- give a wave -- Robin Bialkoski, the senior secretary, Gary Vincent, Budget Analyst II, and Sheila Leith, Budget Analyst II. Tom Kukulski and Jean Gansel were unavailable today, but I would also like to thank them for their efforts, and on behalf of the Office of Management and Budget. The budget process here is, is very challenging and I expect it will be no different in the future, and we just appreciate all the cooperation from the division administrators and the constitutional officers and the Board of County Commissioners and the input we get from the public in making our process work. And we look forward to hopefully receiving the award again in the future. CHAIRMAN HANCOCK: Well, Mike, you've created your own problem because you're receiving the award consistently now, and the first year we don't, we're going to take notice. But also I want, with Mr. Timberlake here, I want to congratulate you on the way in which you involved the public and implemented the suggestions and requests the public had in at least the years I've served on this board, in improving the process every year, not just from a financial standpoint but from a public participation standpoint. You've done a good job and we certainly appreciate it. MR. SMYKOWSKI: Thank you. CHAIRMAN HANCOCK: Thank you. (Applause) Item #SA1 RESOLUTION 97-388 RE THE DELETION OF A CONDITIONFROM RESOLUTION NO. 93-129 RELATING TO PETITION CU-92-16, EVERGLADES PRIVATE AIRBOAT TOURS - ADOPTED **CHAIRMAN HANCOCK: Next on Agenda Item 8(A) l, Community Development, staff request for direction regarding deletion of a condition from Resolution No. 93-129. This is regarding Everglades Private Airboat tours. Mr. Hulhere, good morning. MR. HULHERE: Good morning. Bob Hulhere, current Planning Manager. I also have Fred Reischl and Steve Lenberger here should any questions come up that I am unable to answer, and I do think there are several members of the public that will want to speak on this, and I note that Paul Hinchcliff from the EAB is also here. These 8(A) l and 8(A) 2 are somewhat related, obviously. 8(A)(1) is specific to a particular conditional use. There was a condition placed thereon that required the business owner to submit bi-annually reports on environmental impact, specifically avian species, and -- over a five year period -- and staff would then review and make a recommendation to the EAB and the EAB would review it, and potentially the business owner might have to come up with a plan to minimize or negate those impacts, if there are any, on the avian species. The problem was that we've noted that those, those studies really do not relate to the impacts on the avian species. They're fairly costly, and we're not able to derive from those studies any relationship of the business on the avian species, and this condition was not placed on, on the other -- I think there are two other airboat tours operating out there. One has been there for a very long time, the other one is more recent. So the EAB, in reviewing, and most recently in reviewing this stipulation, asked staff to look into eliminating the stipulation from this particular conditional use. However, the stipulation was placed on the conditional use by the Board of County Commissioners, that's why we're here today. We concur. We do not see the value in this particular study at this point in time. In fact, something like this really needs to be reviewed up front, and any conditions should be placed on such conditional use up front so that we are able to address the impacts. COHMISSIONER CONSTANTINE: Mr. Hulhere, the suggestion is to remove this one condition but the permit would stand, they would still be allowed to do what they do? MR. HULHERE: Correct. COHMISSIONER CONSTANTINE: This just appears to be unnecessary work for them and for staff. MR. HULHERE: That's correct. CHAIRMAN HANCOCK: Further questions for staff? Do we have speakers on this item, Mr. Fernandez? MR. FERNANDEZ: We have one. Tami House. MS. HOUSE: Excuse me. I'm Tami House with Everglades Private Airboat Tours. What Mr. Hulhere said, I guess, is correct, with the bird survey. He did state that there were other operators in the area that were not required to do this particular stipulation. As you'll see in the Number 2 item agenda here, there are a couple of other airboat tour operators that were required to do none of the other requirements that we have in our conditional use permit as it stands today. The bird survey, if they would like to delete this item, it's fine with me, it will be five years in March anyway. But as far as the other items listed on our conditional use permit, I would like an opportunity to speak on these when it comes up on the agenda. COHMISSIONER NORRIS: Mr. Chairman, motion to approve staff recommendation. COHMISSIONER CONSTANTINE: Second. CHAIRMAN HANCOCK: Motion and a second. Any further discussion? Seeing none. All those in favor signify by saying aye. Opposed? (No response.) Seeing none. Item #8A2 AMENDHENTS TO THE LAND DEVELOPHENT CODE WITH REGARD TO REGULATIONS FOR AIRBOAT TOUR OPERATIONS - STAFF DIRECTED TO PURSUE SAID AMENDMENTS ***CHAIRMAN HANCOCK: We're to Item 8(A) 2. Staff request for direction regarding possible amendments to the LDC with regard to airboat tour operations. Mr. Hulhere, I assume a related item. MR. HULHERE: That's correct. The EAB also recommended to staff that we look at creating some specific regulations regarding airboat tours that we would place into the land development code and that all future requests for airboat tour operation would then have to address those specific criteria. Before we went through the time necessary to do a study to determine what, if any, conditions might be appropriate, we're coming before you to get that direction, since it was our opinion that the EAB direction would take some staff time to develop those criteria. We certainly want to find out if the board concurs with that direction first. There are several options. Obviously we could have -- and no, no change in which -- before a conditional use for an airboat tour operation is approved an environmental impact statement is required, and they are brought before the Environmental Advisory Board. And the staff is of the opinion that that really is an opportunity for us to assess on a case by case basis whether or not the airboat tour operation will have environmental impacts, and, if they will, what condition should be placed on those tour operators? Obviously there are several other options. They are listed in your executive summary packet, including -- COHMISSIONER CONSTANTINE: Mr. Hulhere, cutting to the chase, staff recommends that no further regulations be implemented and that we not amend this? MR. HULHERE: That's correct. We believe the best way to handle it is on a case by case basis. I cite, for an example, one of the airboat tour operators out there, I think it's called Weeks, they operate in an area that is clear water with no seagrass beds, so there's an example where there wouldn't be an impact on seagrass beds. In some cases there would be. By having an environmental impact statement prepared, we can look at the specific impacts where the tour operator intends to run the boats and then tailor any conditions to that, to that use. We don't disagree it's something that needs to be looked at very closely, but on a case by case basis, it is our opinion. CHAIRMAN HANCOCK: I agree that there are a tremendous amount of required limitations or additional limitations, but when I think of the newer operations, it wasn't that long ago that someone had cut a trail through some type of mangrove area and actually laid PVC pipe down to get an airboat across in the dryer times. Who did it and which midnight date it occurred on and so forth was almost impossible. In future location of airboats, I think it's important to look at limiting them to existing open water trails for two reasons. One is that you can avoid a lot of environmental degradation that way and the argument relating to that. The second thing is, if, if, you know -- growing up in Florida, I've spent some time on airboats and I'd rather be on an open water trail, personally, particularly if I had just paid fifteen bucks to go for a ride, because -- you know, we don't run into that much sawgrass here but when you do, it's not real fun. But I like the idea of open water trails being a part of the consideration for the staff side. I don't think that's more regulation but just common sense. Commissioner Constantine? COHMISSIONER CONSTANTINE: I was going say, I assume the actions taken that were mentioned by Commissioner Hancock would have been illegal under any scenario. MR. HULHERE: Yes. And that particular circumstance was an illegal operation, and I know there's probably still an investigation going on into that. COHMISSIONER CONSTANTINE: And I don't necessarily disagree but I think I agree with Mr. Hulhere that those probably need to be looked at on an individual basis. There may be some circumstance that warrants something other than that. I'd hate to just make a blanket recommendation. CHAIRMAN HANCOCK: Commissioner Berry? COHMISSIONER BERRY: I think one of the problems, and I certainly have spoken with the Houses regarding this issue and other things related to their particular operation, but I think one of the concerns is that there is kind of a level playing field, that if you decide to go into this kind of an operation, that there are certain guidelines, perhaps, that you need to follow. And, yes, probably there can be some areas where you look at, you know, where they're going to operate and if there's something that's site specific to that particular area, maybe you can do that. But in some cases -- in their particular case, they've been in business and yet someone can be the new guy on the block, and he's not having to conform to the same regulations that they had to conform to. I think that -- COHMISSIONER HAC'KIE: Sorry about your ear. COHMISSIONER BERRY: Anyway, that's my concern about this. And I don't know how you address this in this code. COHMISSIONER CONSTANTINE: Is that that different, though, than any land development code issue where different properties have the same basic framework but individual PUDs or individual land use plans are tailored because something on Pine Ridge may be different than something on 951. COHMISSIONER BERRY: But I'm talking -- actually, Tim, what I'm talking about here is adjacent property, okay? When you're right next door and you had to jump through certain hoops to go ahead and have your particular operation, and the next person comes in right beside you and they have not had to go through the same situation. I can understand that, if you're talking about buildings and those kinds of things, but when you're talking about this type of operation, I'm not sure how that applies. CHAIRMAN HANCOCK: I wonder if that's not a staff consistency issue more than anything. MR. HULHERE: Well, one of the -- I think one of the problems that enters into this scenario is that we, we did have a situation where an airboat tour operator was operating out there illegally and was brought to our attention and has been -- was subsequently red-tagged and is now going through, after the fact, through the process, and will be brought before the EAB, I think in November, and ultimately will come before you, I believe in December, I believe may be one of the examples of not having gone through a level playing field. The problem we have is that, until we're made aware of -- I mean, illegal acts such as those occur all the time, and as soon as we find out about them we take the steps that are necessary, but they will in fact be going through the same process. Whether or not the same stipulations will be applied to them is what we're talking about here, and I can' really answer that until the environmental impact statement has been submitted, reviewed by the EAB and the board, you know, has had the opportunity to review it and say, should the same conditions be placed on this operation as has been placed on, for example, the Houses' operation. And presumably, if they're in the same area with the same environmental impacts, then the same conditions should apply. CHAIRMAN HANCOCK: I guess I would like to know more specifically where the, the faults lie before trying to fix them, and if our staff is of the opinion that those should be done or are better done individually, that tells me there's probably not a trend of problems here. But I -- again, I'm looking for that input from, from you, Mr. Hulhere as to -- because, you may remember, I -- in the private sector, I brought one of these things through. I rezoned a -- I was the agent for a rezoning for an airboat tour, so I know what they had to go through to get their permits. MR. HULHERE: There are relatively few areas where this type of use is appropriate and I presume, you know, a certain level of regulations will fall naturally from the marketplace on these types of operations. But anything within the Big Cypress, they are going to have to -- they're going to have to go through a rigorous review, and if they even can get approved, because I know that the Big Cypress Preserve has done some, some review on that type of activity and, you know, the negative impacts associated. There are -- there is some -- there are some areas that are not within the Big Cypress but are also ST. That ST designation, that special treatment designation provides for a higher level review by, by the board, by staff, and, you know, I think, again, that gives us the opportunity, just from the staff's perspective, because there are relatively few of these. We've only done maybe three conditional uses in the ten or fifteen years. You know, I think a case by case basis, and certainly I don't disagree that there are impacts that have to be reviewed. CHAIRMAN HANCOCK: Further questions for staff? Speakers on this, Mr. Fernandez? MR. FERNANDEZ: Yes, Mr. Chairman. Mrs. House asked to speak on this one as well, Tami House, and also Paul Hinchcliff. MS. HOUSE: Can I hand these out? It's some pertinent papers. COHMISSIONER CONSTANTINE: Give me the whole file and I'll hand them down for you. MS. HOUSE: On the current situation. CHAIRMAN HANCOCK: Okay. If you are going to speak, we need you on that microphone right over there. MS. HOUSE: Again, I'm Tami House with Everglades Private Airboat Tours. We were probably the airboat issue you were on, Mr. Hancock, because we were the ones that were responsible for adding the recreational facilities to the agricultural zoning five years ago. We did indeed go through the environmental impact studies and all of the appropriate permits with DEP and Army Corps of Engineers. And the special treatment permit, which is basically the most important, due to the ST overlay, the area of critical state concern. I would like to believe, like Mr. Hulhere said, that all of these permits are considered on a case by case basis, but, as you can see in the papers I just dropped off, as was the case last summer, a particular individual was given permission to run airboat tours on these environmentally sensitive lands without any of these committees being notified. I notified staff last October. We've been in the midst of working with it since but not to satisfy my -- what I think should be done, let's say. You know, a lot of the stipulations set forth in our permit are very specific as in regards to the wetlands. We are limited to designated trails that we outlined. We are limited to the number of boats we can run on the little over a thousand acres we have. None of these stipulations were put on the other operators. As you can see in the memo, it was stated that if they ever did decide to further develop the piece of property, they would have to come back and get permits similar to ours, but in the meantime, there has been construction and things going on down there. I just feel that we worked with staff for probably five months five years ago when we initiated all this, and with Fish and Game and different input from different environmentalists, and thought we came up some really good guidelines that were good for everyone, including the environment, but have a problem with being the only ones adhering to them. There are now four different businesses, as you can see on that chart that I gave you, that are operating in this area of critical state concerns, two of which have permits. One was the one Mr. Hulhere spoke about that run in navigable waters. They don't impact any grasslands. But there are two others that are running in these areas that either were given permission last summer to do so or do not have permits at this time. CHAIRMAN HANCOCK: Your basic complaint is that someone came through the process and really got off easier than you did? MS. HOUSE: Oh, definitely. And it's not good for the environment either. I mean, we also leased 950 acres south of us because one of the concerns was our close proximity to the Everglades National Park. I mean, should I assume that I can run those acreage now and add additional boats? I mean -- CHAIRMAN HANCOCK: Mr. Hulhere, can you give any good reasons why the -- there wasn't more consistency from one application to the next? MR. HULHERE: I don't -- that application hasn't come forward through the EAB and the board yet. They -- they were licensed originally to operate out of Everglades City. When it was -- when we found out -- I'm not sure how we found out, but we did find out that they were operating actually in Collier County, they were red-tagged and they are going through the process. CHAIRMAN HANCOCK: Okay. MR. HULHERE: That's the only one than I can speak of. There is a second one that Ms. House mentioned. I'm not aware of whether they're licensed or not. Certainly we can look into that. But the one, the one last summer that was operating originally was issued a license out of Everglades City and subsequently, when we found out that they were actually operating in Collier County, they were red-tagged and they are going through the process. CHAIRMAN HANCOCK: Ms. House, is that the one that you're talking about? MS. HOUSE: No, sir. I'm talking about the one on Highway 41 who apparently had a Naples office and were told that, because they were bringing their boats from their office to the boat landing that they were not required to get any of those permits. CHAIRMAN HANCOCK: That's the one that's just west of the Weeks operation? MS. HOUSE: No. We're just west of the Weeks operation. CHAIRMAN HANCOCK: You're just west. Okay. MS. HOUSE: This particular one is located at U.S. 41 at the Miller Road Extension, just east of Highway 92, and that is the memo that you have in your packet there that staff gave them last -- well, now August, a year ago. MR. HULHERE: That's the one I'm talking about that is going through the process that was red-tagged. I think it's Wind Dancer Boat Tours. CHAIRMAN HANCOCK: So it has been red-tagged by our staff? MR. HULHERE: Yes. CHAIRMAN HANCOCK: And it's being brought through the entire process and will be subject to, we can assume, the very similar stipulations that the Houses were -- MR. HULHERE: Scheduled for a November EAB and December board hearing. CHAIRMAN HANCOCK: Sounds like it's in the works, Ms. House. MS. HOUSE: And it is. I understand that. But the reason it's in the works is because I brought it to their attention. CHAIRMAN HANCOCK: Well, you know. We aren't, you know -- MS. HOUSE: Yeah. CHAIRMAN HANCOCK: -- all-knowing and all-seeing, and I don't think we want to be. But when it is brought to our attention, hopefully we'll make the correct remedies. Let's let that process do its job and ultimately it'll come before us, and I am confident we will hear from you on that matter at that time. Okay? MS. HOUSE: What about the others in the area that have not submitted permit applications? CHAIRMAN HANCOCK: I'm going to ask that, if you have individual complaints or concerns about them, that you take them up with our staff first rather than airing those here today in this forum. It's not appropriate. MS. HOUSE: That's fine. CHAIRMAN HANCOCK: So if you would work directly with Mr. Hulhere and let us -- and let him know where your concerns are, we'll see if we can address those at the staff level. MS. HOUSE: And, you know, I just do want to let everyone know that I would like to see some of those specific regulations in our permit that have definitely cost us a lot of money to adhere to, and also with the restrictions on our business, you know, that everyone should be at that same level playing field. CHAIRMAN HANCOCK: Okay. I appreciate that. Thank you. COHMISSIONER CONSTANTINE: Mr. Chairman, it appears the issue is one of enforcement and just making sure that those folks who are not complying with the law do as opposed to our staff not treating everyone the same. MR. HULHERE: Yeah. And, as I understand, Code Enforcement is looking into those other issues. COHMISSIONER CONSTANTINE: Yes. Obviously if you have one in action, then you're doing your job on that end do. CHAIRMAN HANCOCK: Next speaker? MR. FERNANDEZ: Next speaker, Mr. Paul Hinchcliff. MR. HINCHCLIFF: Good morning. My name is Paul Hinchcliff. I am the newly selected chair of the Environmental Advisory Board, and I'd like to, to put our appreciation out to the Houses for being here this morning and acting as sincere and forthcoming as they have been over the last several years. You have before you this morning a request for, for your concurrence on an investigation into what amounts to the sustainability of a long traditional and highly viable ecotourism activity in this county. I concur with virtually everything that's been said this morning with one exception, and that is that, if we take this on a case by case basis, we're going to end up looking at each individual business and find, I fully believe, that the impacts that come from those particular businesses are not necessarily individually harmful. But the concern of the Environmental Advisory Board is that, if we are to sustain this kind of traditional industry in the county, then we need to end up looking at the resource consumed cumulatively down in the southern part of the county to understand the cumulative impacts that several different types of ever increasing businesses, using the same resources out there, might end up having. It's really the only difference, and I believe the board's, the Environmental Advisory Board's opinion than what staff has presented to you this morning. I would encourage you to end up looking at the, at the total resource that we have in the south part of the county as opposed to the individual impacts of the businesses. CHAIRMAN HANCOCK: Isn't that the purpose of the environmental impact statement, Mr. Hinchcliff? MR. HINCHCLIFF: Yes, but it, it ends up being very narrowly focused very often on the amount of use that individual businesses would end up having and we rarely end up getting data back that would allow us to end up understanding the amount of resource that is being used, where the boundaries on that totally are and the entire amount of use that that particular resource gives. CHAIRMAN HANCOCK: And I guess I disagree, and maybe it's a misunderstanding of the process, but you have to show the defined boundaries of the land in which you intend to operate, unless it is open water, navigable water. You have to show the -- you know, Ms. House was talking about having to lease property for use of just six air boats over a thousand acres. Now, as I understand, if they are leasing that property for that use, I don't believe the property owner can lease it to someone else for that use. So we have a limiting factor on the number of air boats on property that is leased or under the ownership of the applicant, and I wonder if that itself isn't a limiting factor on impacts. MR. HINCHCLIFF: The boundaries of those areas are very ill-defined down in that part of the county, and the use of particular individual companies over different areas ends up being a very gray matter at this point. CHAIRMAN HANCOCK: That is an enforcement issue then. MR. HINCHCLIFF: To a certain degree it is indeed, and a very expensive one at that. CHAIRMAN HANCOCK: I just -- well, speaking of expensive, a cumulative impact study of the entire south region on airboat impacts is expensive and I'm a little concerned that we, one, don't have the resources to do that; and two, that doesn't become a living, breathing monster of its own, you know. I don't know where that is headed. Maybe you can give us more specific indications from the EAB as to what type of impacts you're looking for and how to go about establishing them. MR. HINCHCLIFF: We would welcome the opportunity to investigate that, with staff's help, in order to bring back to you a set of recommendations that might be sustainable. CHAIRMAN HANCOCK: You keep using the word "sustainable". You may want to switch words. MR. HINCHCLIFF: I wouldn't want to end up in a position some day in the future in much the same way the National Parks Service did as finding out that an area traditionally used by this kind of activity is no longer useable by that. This is a long traditional use in this county with a, like I said, a highly viable economic component to it. CHAIRMAN HANCOCK: I think before doing anything, I'd like to see how many operators we have in the county and what the boundaries of their land are, because there's not supposed to be overlap, with the exception of open water, is my understanding, one property owner can't lease to two people. So, if I see that, then I have an idea of the scope and that helps me make future decisions without going into some long-term cumulative impact study. Commissioner Constantine? COMMISSIONER CONSTANTINE: Mr. Mulhere, how many applications have come forward in how many years, ballpark? Didn't you just say it Was '- MR. MULHERE: Yes. I don't think more than three conditional use applications in the last ten years. COMMISSIONER CONSTANTINE: It just seems like we're saying, well, something might be a problem some day, so, just in case, we should add new regulation and investigate new evidence. We've had three applications in ten years. This is not an overwhelming problem. Our people on Horseshoe Drive have a heck of a lot to do. This does not seem like, with three permits in ten years, it's at the top of the priority list. I'm very comfortable with staff recommendation and I'll make a motion we approve staff recommendation. CHAIRMAN HANCOCK: I think Ms. House would also tell us, if you want to make a lot of money, don't go in the airboat business today in Collier County, so -- (Inaudible response from audience.) COMMISSIONER NORRIS: Second. CHAIRMAN HANCOCK: That's an important issue, Ms. House. We need eyes and ears out there to help us. We have a motion and a second. Is there a discussion on the motion? Seeing none, all those in favor signify by saying aye. Opposed? (No response.) Mr. Hinchcliff, thank you for being here. MR. HINCHCLIFF: Thank you for the opportunity. Item #SB1 INTERVIEWS CONDUCTED WITH TOP RANKED FIRMS TO PROVIDE PROFESSIONAL ENGINEERING SERVICES FOR THE DESIGN OF GOODLETTE-FRANK ROAD FROM PINE RIDGE ROAD TO VANDERBILT BEACH ROAD, PROJECT NO. 60134, CIE NO. 65 - CONTRACT AWARDED TO JOHNSON ENGINEERING, INC. ***CHAIRMAN HANCOCK: We are at Public Works, Item 8(B)(1), conduct interviews with the top ranked consultants and select the number one ranked firm to provide the professional engineering services for the design of Goodlette-Frank Road from Pine Ridge Road to Vanderbilt Beach Road. This is the item I requested we take a look at, and, as a result, I believe each team has been instructed they have five minutes for a presentation to the board. Is that correct, Mr. Gonzalez? MR. GONZALEZ: Yes, sir. Adolfo -- CHAIRMAN HANCOCK: With that, I'll turn it over to you. MR. GONZALEZ: As requested, two weeks ago we invited the four short-listed consultants to give you a five-minute presentation on two issues. One was their experience and qualifications, and the other one was their approach to ensuring a successful public involvement. And just before the beginning of this meeting, they drew straws, essentially to pick the order of presentations. COHMISSIONER CONSTANTINE: Can you recognize yourself for the court reporter? MR. GONZALEZ: Adolfo Gonzalez, Capital Projects Director. I'm not sure if you would like to have question and answers with each of the consultants after their presentation or just wait until the end of the four presentations. CHAIRMAN HANCOCK: I thought we were going to -- we have all four __ MR. GONZALEZ: Yes. CHAIRMAN HANCOCK: -- presenting? Okay. If there are questions, let's try to limit them to the end of each presentation because there may be individual questions based on presentation, and then we'll go from there. MR. GONZALEZ: Okay. The first presenter will be Tom Taylor from AIM Engineering. CHAIRMAN HANCOCK: Ms. Filson, would you time it, five minutes, please? MR. TAYLOR: Thank you, Adolfo, and it's my pleasure to be here representing AIM Engineering and Surveying. We're a nearly twenty-year-old business serving southwest Florida primarily in the public transportation area. I have with me today Dean Heflin. Dean? Dean brings to this, to our firm, forty-five years experience. He was the southwest area office for the Florida DOT public administrator for the six counties. He served that position for at least seventeen years. Also with me today, Linda Stewart, who has been in the engineering, public involvement and permitting business for nearly thirteen years, and she'll be assisting me in the public involvement area. Also, as you see in the organization chart, we have a subconsultant who we'll be using to assist us in the public involvement phase. Her name is Kris Cella. Kris is the president of Cella DeBerry and brings seventeen years of public involvement experience, specifically she was a project manager for the corridor study of the County Barn Road for Collier County. Also on our team for the stormwater management, who will be managing that portion of the work, as you see on the organizational chart, starting from the left to the right, is Clayton Miller. Clayton Miller brings over thirty-eight years of stormwater management experience. He recently was with the South Florida Water Management District as their special projects supervisor. He spent over five years with them in that role and brings twenty-seven years of experience with the Sole Conservation Service in their hydrology and hydraulics unit, nationally and in local, regional offices. Our roadway design group is headed up by Howard Kilgore. Howard brings over forty-five years experience. He held the position of the Florida DOT District 1 district senior designer. Signing and marking and lighting will be headed up by Ken McCroan. Ken McCroan brings thirty-nine years of experience, also with the Florida DOT at District 1, Bartow. He was the assistant district traffic operations engineer. Bob Brandenburg will be leading up our surveying department, who heads up our surveying department. He has twenty-six years of experience in highway surveying and was the District 1 and 5 district surveyor. Needless to say, my experience doesn't hold up to some of these folks. I have only twenty-five -- nearly twenty-five years of experience in transportation design and I will be your project manager. I did manage the successful -- get it -- ninety percent plans for Golden Gate Parkway where we took it from four lanes to six lanes for Collier County. Included in our staff also are our sub -- qualified subconsultants we'll be using for specialty items. Some of our relevant experience includes projects that you see listed here, including the project shown in the photograph. That's County Route 884. That project goes right in front of our office. We designed it. We had to live with it. It was taking the two-lane Lee Boulevard to six lanes. And you can see that we're still open. Our office is in the upper left-hand corner of that photograph. You'll see listed on here various different projects. One -- very similar projects, Charlotte County, Highlands County, Lee and Hamilton County. The 1-75 was over thirty miles of six-laning on interstates. So we know what we're doing with the roadway. We basically offer you a very experienced design team, local, with local experience. We serve as consultants in transportation and other projects for Lee, Hendry, Hardy, Desoto, Charlotte and Glades County, and unfortunately we've never done a project for Collier County. We do not have any public or any private clients in Collier County and do not do development work here. We also represent the City of Fort Myers, Sanibel, Cape Coral and LaBelle. The public involvement process we have outlined in the following and will give you an idea of the importance we place upon this aspect of the project. Our first priority will be to develop an advisory data base. This basically means we'll develop a data base mailing list, include property owners and homeowners associations, local newspapers and the emergency services in the area. A public workshop will be held, utilizing this data base, to announce the initial public workshop at the onset of the project, to obtain input from the concerned citizens and we'll prepare a memorandum outlining county ideas and concepts, you know, access, nose walls, landscaping. And you can see that the public notice that we'll have following that details that. CHAIRMAN HANCOCK: You need to wrap up your components, Mr. Taylor. MR. TAYLOR: Yes, sir. We follow that with a public workshop and then an advisory system at the end. We're basically very objective when it comes to this project as we have no private clients in Collier or on this corridor. We appreciate this time to be here and present to the commission. CHAIRMAN HANCOCK: Thank you. Questions? Commissioner Constantine? COHMISSIONER CONSTANTINE: I think your abilities and experience clearly speak for themselves. What will your presence in Collier County be? MR. TAYLOR: We operate -- our offices are in Lee County. We're less than forty minutes from the offices, and I specifically have done that, made that same trip in response from Lee County. We don't have an office in this county and, unfortunately, we can't afford to. Because we don't have a private base here, we don't anticipate and, you know, haven't had that much work in Collier to open an office. We do have other offices throughout the state, Tallahassee and also in Bartow and Lehigh. We have project-specific offices where we do construction inspection work for the state, basically in all other -- all over the state. CHAIRMAN HANCOCK: Mr. Taylor, I noticed most of your experience was FDOT rural roads, at least in what was listed here. What experience do you have recently of roadways that are basically right up against a neighborhood? MR. TAYLOR: Well, I think if you look at some of my own experience and of the firm's, the growth has been to take the two-lane roads and make them into urban roadways. And the projects we show there on the prints are similar to that. In fact, most of my experience and firm's has been working specifically in areas where we have communities adjacent where we have problems with limited right of way and those kinds of things. The built -- the number of and the type of development along a lot of these roadways is different than where you are, but we have had some that are, like U.S. 41, where everything's built up against the -- back a sidewalk, we've had to build those. We have -- I think the benefit we can bring to you is that our construction group, of which we have over forty individuals who have over, you know, an average of thirty years experience, those construction folks review our plans and maintenance of traffic to be sure that residents are not impacted. CHAIRMAN HANCOCK: Thank you. Further questions for Mr. Taylor? Seeing none. Thank you for being here this morning. MR. TAYLOR: I'll leave this behind for you. CHAIRMAN HANCOCK: Thank you. Mr. Gonzalez? MR. GONZALEZ: Next firm will be Mr. Chris Hagan from Johnson Engineering who will be presenting to you. He should be somewhere out in the hallway. Excuse me. MR. HAGAN: This about right? COHMISSIONER HAC'KIE: I don't think you have enough people. MR. HAGAN: At your pleasure, Commissioner. Good morning. My name is Chris Hagan and I'm happy to be here this morning to make our presentation for the Johnson Engineering firm on the Goodlette-Frank Road project. We appreciate this opportunity to present our qualifications to the Board of County Commissioners. Our team consists of a group of local professionals who have been specifically selected for this project. We picked our team around the specific issues and items on this road right of way. Johnson Engineering will be the project team leader, and I will be the project manager. Next on the list is Smallwood -- excuse me, Wilkison Associates. They are on our team to address utility issues. Smallwood Design Group is on our team to address landscaping and buffering issues. Tindale Oliver is on our team to address traffic and transportation issues so that we optimize our intersections and our roadway analysis. Law Engineering is something on our team to address how much the existing road right of way, pavement and cross section can be reutilized through redevelopment. And finally Pelican Engineering is on our team to address street lighting. One of the main issues the commissioners brought before us regarding this project was public involvement. To that end we are proposing to have a partnering process. This partnering process will allow the consultant, the county staff, the local residents and the utility companies to coordinate and meet, so thence the lines of communications and the goals and responsibilities for each of the team members and the project goals, that way everyone can responsibly react with regard to cost and benefits for each of the improvements we're proposing. We've utilized this process several times, most recently we used it on the Midpoint Bridge and Bonita Beach Road project. The Midpoint bridge is just about to open, and, by all assessments, it's coming in well ahead of schedule and well under budget, and it's being very well received, so we're very familiar with this program. Secondly, the commission asked about qualifications. Our firm is probably the most qualified firm in southwest Florida to do roadway and traffic design. A good example of that is County Road 951 which we most recently finished. That project came in well ahead of schedule, well under budget and has been extremely well received. Also, the Florida chapter of the American Public Works Association recently voted us consultant of the year for roadway and traffic design. During the presentation phases of this project, we did considerable research. What you see in front of you is an aerial photograph of the northern half of the roadway section. The research that we did found that the drainage and utility issues in the narrow corridor were going to be very difficult to address. To come after this, we've done quite a bit of research with FP&L, the adjoining property owners and the water management district and found that the drainage can be rerouted and moved into the adjoining subdivisions, which they have been designed to accommodate. Also we've been able to negotiate in the past with FP&L to utilize their easements for water management and for passive recreation, such as bike paths, access roads and other items. This is going to be quite a challenge, considering, with the Pine Ridge Road subdivision on one side and the FP&L easement on the other, we do not want to take any right of way. We would like to minimize right of way takings because of the cost and the obvious political issues that come up with takings. And that's why we've got ourselves set up to address that. Finally, I would like to address the contract. Whoops. For the last, or since our unanimous selection by staff as the number one ranked firm on this project, we've been negotiating a contract, a very detailed contract with your staff. We've spent the better part of eight months itemizing every item, setting a timeline and a cost for each task. We've assembled quite an impressive group of subconsultants who are on contract and ready to begin. All we await now is the commission's authorization and approval of our ranking. At this time I would like to ask if you have any questions. COHMISSIONER BERRY: You mentioned two projects that were on time or on time and under budget, 951 and also the Midway Bridge. Can you tell me any other projects that you have been successful in, in addition? MR. HAGS: State Road 951, the new section south of U.S. 41, State Road 29 south of Immokalee, and several others up in Collier -- up in Lee and Charlotte County. COHMISSIONER BERRY: Thank you. CHAIRMAN HANCOCK: You mentioned two key issues for me, right of way acquisition -- which is something we need to avoid at all costs -- and utility relocation. Those are old power lines to the east. They would probably be replaced with a monopole. Is that something you would investigate as a cost associated with the roadway or have taken a preliminary look at? MR. HAGAN: We have, and we've talked with FP&L. Elaine, if you'll get out the Gateway aerial photograph? In the past we've negotiated with FP&L to allow passive recreation and drainage inside the right of way. In particular this is an aerial photograph of Gateway up in Lee County where we were able to negotiate -- and I don't know if you can see it very well. Elaine, if you'll point to it -- where the FP&L easement includes treatment lakes and passive recreation pathways. So we've been able to do that in the past. And we have looked at that and we've spoken with FP&L. We understand some of the costs associated with it and obviously during the design study we'd spend considerable effort trying to get the most cost effective way to address this issue. CHAIRMAN HANCOCK: And I have to agree, you do have an impressive team assembled. I assume there's a cost to that, but restrictions in the roadway I think really mandate that. I saw four engineering firms, one, I understand, specifically for lighting. Is that really an effort to include a local presence or did you find it simply mandatory to do the job correctly? I mean, I'm looking for the reason for that many firms. MR. HAGAN: The reason is, is we wanted to get the best professionals. Our firm is the lead. We have a local office of over ten employees. We were planning on doing the work here in Naples. This project will be the latchpin in keeping our office functional. To that end, we have all of the support of our Fort Myers firm. Because of the utility issues, we wanted to bring in Wilkison & Associates because they've done extensive work recently for the county and been well received on some utility work they've done. Pelican's on the team for lighting because we don't have internal lighting people and they are the best guys locally. We tried to keep the team local. We have very few of our consultants from out of town. I think one -- two of the consultants in our team are out of town. One of them isn't even mentioned in the listing up there and that's Hartnell and Associates who set up the partnering process. CHAIRMAN HANCOCK: Further questions? Thank you very much. MR. GONZALEZ: Next you're going to listen to a presentation by Mr. Brundage of Agnoli, Barber & Brundage. I think there are more people out in the hall than there are in the boardroom. MR. BRUNDAGE: I'm Dan Brundage, your principal with Agnoli, Barber & Brundage. We're indeed glad to be here today to talk to you about our experience with the Goodlette Road corridor. With me today is also Jack HcKenna who will be our project manager, and also Rick Barber, who is CEO of ABB. All the firms you'll hear from today are equally qualified technically to design the Goodlette Road project. We believe, however, that ABB is uniquely qualified due to our past experience with roadway and utility design within the same corridor and also the close proximity of our office to the site, which you can see on the map. These two strengths, experience in the corridor and a unique ability to address concerns from the neighboring communities will guide our project team. Jack HcKenna will now tell you about our direct project experience. MR. HCKENNA: Good morning, commissioners. Dan's just mentioned to you I had the opportunity to be project manager on several projects within this Goodlette-Frank Road corridor as far as utilities. I was manager in charge of the design and installation of an effluent main and two sanitary sewage force mains. I was also project manager in charge of the two lane roadway section north of Orange Blossom, and I can tell you personally it was a real luxury having a project within three minutes of the office. As a result of these involvements, ABB has extensive survey control running from Pine Ridge Road north up to Immokalee Road. We are also very familiar with the water management and the existing conditions along that stretch of roadway. Our existing survey and design data would result in a significant cost savings for Collier County as well as a better overall understanding of the project. We see the northern segment as being the -- having the most challenges due to extensive utilities and the limited area for water management storage. To the south, water management is available in the land to the east and utilities are limited to one water main. Some of the important issues on this project, as we see it, are certainly the limited right of way available. We were confined on one side by Florida Power and Light and the other side by Pine Ridge residents. Maintenance of traffic, particularly at intersections and providing access to the subdivisions is going to be a critical issue. Related to that, and of specific concern, is the safety of the school children who use the walk along this road on a daily basis. As Dan will discuss, allowing public participation to guide our interaction with the existing community is also extremely important here. We feel that, given our history within the corridor and our proximity to the project, we would be in a position to provide Collier County with unparalleled quality service at a competitive price. MR. BRUNDAGE: One of our recent very successful projects that we completed with Collier County was the Naples Park drainage improvements program. And we believe that one of the things that led to such a success of that project was our open door policy for the residents which provided them accessibility to our office as well as it helped to build rapport and trust and credibility. We made it clear from the beginning of that project that the residents' concerns were of equal importance as our technical concerns for improving drainage. Our office will be equally accessible on this project because of its proximity. And we stand committed to you today to balance the needs of transportation of the community at large as well as the concerns for the surrounding residents. As Jack mentioned, maintenance of traffic is very important. We have just completed a major six-lane design project that was in an urban area where maintenance of traffic was of critical concern. And we provided a design for that that was outstanding. Jack and I will commit the time and resources necessary to make sure that residents can communicate easily with ABB and that their legitimate concerns are addressed. Rick? MR. BARBER: Thank you, Dan. Good morning, Commissioners. As Dan previously related to you, all the firms that you're going to hear today are certainly technically qualified to do this project. We believe, however, ABB is uniquely qualified because of Jack McKenna's experience within the road corridor. He's designed the northern part of the Goodlette Road. He has familiarity with the utilities in the corridor. And we also have established survey control all the way through the corridor. These items, this experience, all amounts to cost savings for Collier County. We wish to thank you for listening to us this morning and we look forward to being part of Collier County's team. Thank you. CHAIRMAN HANCOCK: Questions for the ABB team? COMMISSIONER BERRY: Just a question in regards to projects being on time, under budget. Could you give me any examples? MR. BRUNDAGE: Well, probably the most recent example was the Naples Park project that was well ahead of budget and the construction was completed on time and it was a very tight time frame for construction. We were -- and our time constraint as far as being able to get the excessments out and knowing what actual cost of the project Was. Also, on the Goodlette Road that we designed before this, the northern portion, the commissioners at that time had a very tight time constraint on that also, and we did -- we sort of deviated on that one from the standard FDOT plans and worked with staff to do a very fast plan set and accelerated highway design. So that shows you a little of the flexibility that we have been able to garner with staff in producing a product that's acceptable and timely and cost effective. CHAIRMAN HANCOCK: Any other questions for this team? Thank you very much. MR. GONZALEZ: Next you are going to listen to a presentation by Mr. Bob Murray of Hole, Montes & Associates. MR. MURRAY: Good morning. I'm very glad to be here. I am Robert Murray and I represent the team of Hole, Montes & Associates, and you'll see in your handout on the third page the team that we have today is David Plummet & Associates, who is a traffic analyst firm, transportation firm, locally here in southwest Florida. Ardaman & Associates is geotechnical, construction materials testing, and Carroll Environmental Services is headed up by a Pat Carroll, who is a local DBE environmental services company. The reason we're here today is to talk about our team qualifications and our experience specific to this project up at the Frank Road. First of all, I'd that to, if you don't know me, is tell you about my experience. I have over twelve years with Hole, Hontes. I'm a partner and I'm vice president in charge of transportation services. I will be your project director, and, as Adolfo can attest, I'm very actively involved in all the projects, project management, on a daily basis. I'm very involved with what's going on. I bring to the team over twenty years of design experience and construction services, which also includes, as I refer to as my tour of duty with three years with Becko Power Corporation (phonetic). Moving on about the backgrounds, Hole, Hontes, as you-all know, this is where we got started over thirty years ago. It's our home, we live here. Our staff is more than seventy people, perhaps seventy-five people today. This is our base office here in Collier County, in the City of Naples. We have a history of meeting schedules and the budgets. We've worked openly up front to have a realistic schedule for the project and the design for construction and budgets are very important and we're aware of that. Since we're here, we know and we understand the local issues, and I'll discuss those further back in the public involvement program. And also very important, we do not have any conflict of interests on this project. Specific related experience within this corridor, we have been working on, in the past, some utility master planning for some major force mains and effluent mains within the Goodlette-Frank corridor. Specifically my involvement has been with the Goodlette-Frank Road south of Pine Ridge, including the Pine Ridge intersection back in '93, '94 where we looked at the future six laning of Goodlette-Frank Road from Pine Ridge south to Golden Gate Parkway, and we also looked at the drainage outfall issues. Basically there's the five outfalls outfalling to Gordon River, two through private developments and three which we worked out some outfall issues to acquire some easement so the county could properly maintain these outfalls. I was involved in that personally. Some key issues on this project which would be similar to what we did to the south include a limited right of way, so it would be an acquisition required, utility accommodations, a lot of utilities to deal with, particularly FP&L on the eastern right of way. Realignment of the Pine Ridge Road intersection, we worked up a concept on that about two or three years ago. We looked at that. We know the area. We always have environmental issues, particularly where there's going to be -- where we're going to locate our stormwater quality treatment. We have to deal with that today as every project. Also we also would like to look up front, particularly on a ultimate six-lane facility, is an access management plan, so we know today where a driveway is going to be, median crossings, future signals, so it helps your development staff with the process of knowing those and planning for the future. I think it's very key so you can see basically the whole facility. A public involvement plan. We know that keeping the public informed is key, making them part of the team, making them understand that the project is really for them. We like to have an interactive public workshop, probably about thirty percent plans. We have enough concept and details and typical sections so we can show the property owners really where their lands are, how it's going to be affected, access, driveways, aesthetics, whatever the issues have to be, and basically getting their input. We think it's very important. We try to answer the questions on the spot. If not, we get their name, write down their issue and ourselves or the project manager will get back to them working with Adolfo and staff. The last issue of public involvement there is, I want to talk about the traveling public. We think it's very important to have, call it a smart means of traffic plan. And what we do is, is in the beginning of the project, we think how we are going to design the project, how we're going to build the project, so as, what we can do is minimize the expense. You can maintain traffic on the existing roadway. I'll wrap up here. It really helps long term in minimizing inconvenience. I would like to thank you for being here. And Tom Taylor would like to make a few closing comments. MR. TAYLOR: I just wanted to -- for the record, my name is Tom Taylor. I'm the real Tom Taylor. I don't know who that other imposter was that came earlier. I'm president and CEO of the firm. And we wanted to thank you for the support and the confidence that we've received over the years. As you're aware, Bob Hurray and myself and some others within our organization purchased the remaining interests in our company from our two senior partners last year. We appreciate the support and confidence that you and your staff have given us over the years. We have a great working relationship, and you have had -- you have four very qualified firms here today. We were not ranked number one by the staff, and going through the first time, we would very much appreciate it if you did select us today. If you don't, certainly we're looking forward to having another opportunity to come and speak to you in the future. Thanks. CHAIRMAN HANCOCK: Thank you, Mr. Taylor. With that I'm going to ask, do the board members need some time to do their rankings? Are you ready to do them now? I'm sorry. I skipped right over that. Any questions for the Hole, Hontes presentation team? COHMISSIONER BERRY: I have one. CHAIRMAN HANCOCK: Yes. Commissioner Berry. COHMISSIONER BERRY: Mr. Hurray, could you give me your projects and your record in terms of timetable and budget, how it's worked in the past; have you been on time or over time or -- MR. HURRAY: As far as the design aspects or all the way through construction? COHMISSIONER BERRY: Through the construction of the roadway. MR. HURRAY: Well, you know, generally I pride myself on up front setting up a realistic schedule for design through construction. And I sit down with the county managers and the staff and we do a really good job estimating construction time. So I've never really had a construction job that goes over time or over budget, within some minor construction change orders having to deal with some local issues. But I pride myself. I can get you some references in respect to that. CHAIRMAN HANCOCK: Commissioner Berry, would it be your experience in other areas that has caused you to ask that question? COHMISSIONER BERRY: Yes, sir. Certainly has. MR. HURRAY: One thing that helps me is I grew up in a construction family. So I helped build roads when I was in high school and college, so it kind of helps me know the process. CHAIRMAN HANCOCK: Further questions for the Hole, Hontes team? Okay. COHHISSIONER CONSTANTINE: Before we do our scoring, just to comment. We've gone through this discussion before and I'm a little frustrated. If we're going to have presentations and staff has gone to the trouble of ranking these, and I believe there was more than one ballot by the time all was said and done, we ought to have some backup. In addition to the two blue pages we ought to have backup that shows -- you've just given me now what the grading system is, but that should be part of the packet so that before I come here, I know -- I mean, you've got it broken down into approach, expertise of designated staff, previous performance, office location, ability to compete on time and ability to complete within the budget -- ability to complete on time. And then I don't know what the total points were. I don't know if it was a one-point differential or a twenty-five-point differential between number one and number four, and it's just, for me anyway, if I'm going to take staff's ranking into consideration, I would like to know how they got there and I want to know who participated and I want to know how they graded them, and I want to know what the final scores were. And we've had this discussion on at least a couple of occasions that we need to have that backup and it's still not there now. So I know in utilities it always appears now for some reason, and hopefully it will on these projects as well in the future because it's very, very helpful. CHAIRMAN HANCOCK: I have to chime in with that. I went back and looked at those and tracked those down myself. I agree. Because if a board member sitting up here juggling between one and the other, that is a very important reference for us to know what you considered, how you considered it and what the spread or separation may have been. So I'm just simply going to ask Mr. Fernandez if in the future any of these presentations come before us, that information is a must for the members of the board. MR. FERNANDEZ: Noted. CHAIRMAN HANCOCK: With that, start to my right. Commissioner Hac'Kie, if you could give me a numerical ranking of the firms. COHMISSIONER HAC'KIE: Actually, my ranking is exactly the same as the staff's with Johnson Engineering first, Aim, ABB and HHA. CHAIRMAN HANCOCK: Commissioner Norris? COHMISSIONER NORRIS: They are all very highly well qualified and very competent firms and I'm sure they would all do a good job. I like the idea of ABB being close to the work, and we were happy with the work they just completed for us. I'm going to go three, one, two, four. CHAIRMAN HANCOCK: Okay. So Johnson Engineering third -- am I hearing you correct? COHMISSIONER NORRIS: ABB first, Johnson second, Aim third, Hole, Hontes fourth. CHAIRMAN HANCOCK: Commissioner Berry? COHMISSIONER BERRY: Okay. I'm in the process here, but I would take ABB, one; Johnson, second; HHA, third; and AIM fourth. CHAIRMAN HANCOCK: Okay. Commissioner Constantine? COHMISSIONER CONSTANTINE: One of the things we seem to take the most pride in is those projects, and we are lucky enough to have an overwhelming number of them, that come in early and under budget, and I think that's due in no small part to our staff, but Johnson Engineering has an extraordinarily successful track record on our roadways in delivering exactly that. So I'm going to rank them number one; Hole, Montes, number two; ABB, number three; and Aim, number four. CHAIRMAN HANCOCK: Likewise, with Commissioner Norris, I was extremely impressed with the participation side of what happened in the Naples Park drainage system, but what really caught me is Johnson Engineering's team and how they are approaching and the history they have and the utility issue. I think they kind of hit the hot buttons for me for what I think the residents of that area are going to be dealing with. So I've ranked Johnson first, ABB second, Hole, Hontes third, and Aim fourth. What that gives me for a cumulative ranking of the board is a low score of seven for Johnson Engineering, which would rank them first, a score of 10 for ABB, which would rank them second, and then I believe we have -- it's very close. I think Aim is then ranked third and HHA fourth, and let me see -- 12, 15, 17, 8, 11 -- I'm on cold medication, so you never know. Johnson Engineering with a cumulative score of seven is ranked first, ABB with a cumulative of 10 is ranked second, HHA third at 16 and Aim fourth at 17. COHMISSIONER CONSTANTINE: Mr. Chairman, if you're going to turn your hen scratchings in to the court reporter, you need to correct that -- CHAIRMAN HANCOCK: Okay, because my chicken scratch will be a part of the record. But, more importantly, it's verbally on the record, so -- okay. To all the presenters, thank you very much for taking the time to be here today. This is, as a lot of roadway projects, very important and we look forward to working with Johnson Engineering on this project and the others again in the future. Thank you very much. MR. GONZALEZ: Mr. Chairman? CHAIRMAN HANCOCK: Yes, Mr. Gonzalez. MR. GONZALEZ: If I could ask you to include in your motion today, since you kept Johnson Engineering as the number one ranked firm, we had essentially completed negotiations with them two weeks ago when we brought that agenda item to you. Would it be possible for you to include in your motion a request to execute -- recommend a contract award to Johnson Engineering for the amounts listed in the previous agenda item. COHMISSIONER HAC'KIE: Great idea. Saves a lot of time. CHAIRMAN HANCOCK: I don't see any reason to delay that any further. Since there was no motion, I think we'll have to entertain one with that in mind. COHMISSIONER HAC'KIE: So moved. MR. NORRIS: What was your motion? COHMISSIONER HAC'KIE: That we, now that we have ranked Johnson Engineering first as staff had, that what was previously, I believe, on consent agenda, was the contract that was actually negotiated with Johnson Engineering, so rather than have to get that back on an agenda and the resulting delay, my motion is to approve that contract and authorize the chairman to execute that document on our behalf. COHMISSIONER NORRIS: Mr. Weigel, can we do that? MR. WEIGEL: I think that you can. Again, there was no action taken on that previous agenda item. This agenda item itself, with Mr. Gonzalez's clarification, had a two-stage recommendation directing staff to submit the recommendation to execute a contract. If I understand correctly, that contract is actually in final form at the present time? MR. GONZALEZ: Yes. MR. WEIGEL: I think actually it might be better, since the board has not seen that contract, or the numbers, the numbers are not a part of this agenda item, and the previous agenda item, where it was on the agenda was not acted upon, that it come back probably as a consent agenda item for this board. CHAIRMAN HANCOCK: We did have a motion to table, so we can't act on it within a period, so -- COMHISSIONER CONSTANTINE: I would feel more comfortable, just because I don't have a recollection off the top of my head what those numbers were, I'm sure it's not a problem, but I'd feel more comfortable, and it sounds like the attorney would as well, just having that. I assume that's not going to cause an undue hardship if we continue it a week or bring that back next week? MR. GONZALEZ: We'll put in on the next available agenda. COMHISSIONER MAC'KIE: I'll withdraw my motion. COMMISSIONER NORRIS: Then I'll make a motion that we formalize the rankings given by the board earlier as a recommendation. COMMISSIONER BERRY: Second it. CHAIRMAN HANCOCK: Motion and second. All in favor signify by saying aye? Opposed? (No response). Motion carries 5-0, and I'll submit my chicken scratchings, my signed chicken scratchings, with my name clearly place on them. Okay. That was item 8(B)(1). We only have a couple more items here. Madam Court Reporter, are you doing okay? THE COURT REPORTER: Yes. CHAIRMAN HANCOCK: Okay. Why don't we go ahead and press through these. Item #882 BIDS RECEIVED FOR THE NCRWTP 8-HGD EXPANSION PROJECT, BID NO. 97-2690, REJECTED - STAFF DIRECTED TO RE-BID PROJECT 70859/70828 ***Item 8(B)2 was formerly 16(B)2. Reject bids for a north county regional wastewater treatment plant. Commissioner Berry, did you ask that this be removed or was it the other one that you requested? COHMISSIONER BERRY: This is the one. Actually, this is the one I wanted and I don't know if it got translated to be 16(B)5, if it is or -- there was some confusion about. MR. FERNANDEZ: I believe we had had two requests. COHMISSIONER BERRY: You had two requests? MR. FERNANDEZ: Yours and another. We had already had an item. COHMISSIONER BERRY: Okay. Well, the one that I wanted, that I asked, was 16(B)2. MR. FERNANDEZ: Oh, okay. COHMISSIONER BERRY: So if it was somebody else asked the other one, that was a different situation. This is actually the one that we wanted. MR. FERNANDEZ: Okay. COHMISSIONER BERRY: I had been asked -- there was some concern regarding this bid, and so I had asked that this be pulled from the agenda. And I know that there are some people that would like to speak to this particular item. COHMISSIONER CONSTANTINE: Is that because it's a 14 million dollar bid and there's a $2,020 differential? COHMISSIONER BERRY: I believe they'll be able to explain the situation on this. MR. GONZALEZ: For the record, Adolfo Gonzalez, Capital Projects Director. In August of this year we opened bids for the expansion of the North Water Treatment Plant. Out of the four bids received -- COHMISSIONER CONSTANTINE: Excuse me just a minute, Mr. Gonzalez. Can you either move your microphone or something, Mr. Weigel? I can't hear. MR. GONZALEZ: As we typically do, as soon as we receive the bids, we started checking the references and qualification statements of the apparent low bidder. Once we did that, we started to find some irregularities in the bid. That was discussed at great length between us, the purchasing director and the county attorney's office. After continuing to get additional information on reference checks and qualification statements, we also had a questionnaire in the bid package that had a very specific list of questions regarding a particular element of the project, the well drilling component, which is a very critical part of the project. Again, as we went through the reference checks with our consultant, we found irregularities or inconsistencies in the information we were checking. At that time we started to also look at the information for the second low bidder. There, we also found some irregularities, different from the other bidder. It was felt that, since we could -- our critical timeline for completing the project is the peak water demand season of 1999, we felt that it would be more prudent to reject all the bids and rebid the project rather than to try to resolve the irregularities that, upon advice from our counsel, were significant enough that, rather than trying to go through some court process or litigation process to prove our point, it would be better for us to recommend to you that the prudent thing was to reject all the bids and resubmit bids again. COHMISSIONER HAC'KIE: I have a general question about an obvious concern. Once you open all the bids -- I mean, I remember having this exact same discussion maybe a couple years ago about, once everyone's numbers are on the table, how can we have a fair rebid? How does that factor into your recommendation that we reject these and start over? MR. GONZALEZ: Since the bids were open, we've also received information that there may be other potential bidders out there. The bids may come in at the same price or maybe lower, but perhaps not higher. But how it would affect the bidders that have opened the bids already, we approached it from the converse of that argument, which is, do we have the right or the ability to start modifying a bidder's package to meet our needs? And that's where, again, upon advice of our counsel, it was better not to start reformulating or restructuring a bidder's bid, or changing a bidder's team that would then have an unfair advantage on any of the other bidders. COHMISSIONER HAC'KIE: I guess this is for the county attorney. Is there some factor, you know, one percent is a major change and one-tenth of one percent is a minor change? I mean, how do you factor in what is a reasonable modification after a bid's been opened? It seems like that should be part of the process. MR. WEIGEL: Well, I think it is part of the process in the sense that the policy provides flexibility in its administration by staff to determine -- the rules are there, and to determine what is compliant and non-compliant, and the bid specifications that go out have, you know, certain specifications that are to be adhered to in the response. It's been the practice of staff always to be very careful, cautious about being involved in post-bid opening changes to a submission. And in this particular case, when there was a significant element of the project itself as deep water well drilling, it appeared that this was not a minor issue, but was a major issue. But with that in mind, the application of the policy in this particular instance in regard to, and the recommendation that comes from staff is not different from the kind of application that they would be providing on a day in and day out basis for a bid, bid projects over the years. COMMISSIONER CONSTANTINE: Commissioner Mac'Kie, while I understand it would be extraordinarily frustrating to go through the bid process and then have them tossed out, I think staff's just trying to protect the county's interests and have us not end up in litigation. COMMISSIONER MAC'KIE: I guess my concern is not about the frustration but just about the fairness that, in this poker game of bid process, because it is, once you've laid your cards out on the table, it doesn't seem fair to have, you know -- we have people here who have shown their cards and now somebody else gets to bid having seen their hand, and that doesn't seem fair. COMMISSIONER CONSTANTINE: I guess unfortunately that's part of the process, if they weren't completely compliant, which is what staff's telling us, and everybody still has their opportunity but also there's that clause, we reserve the right to reject any and all, and, you know, that's the risk you run when you do it. COMMISSIONER BERRY: Mr. Chairman, I do have a question about the compliance issue. Was it the bid document not clear or was it just failure on the part of the respondents to give the information you had requested their -- in bidding. MR. GONZALEZ: With respect to the apparent low bidder, the information was given. It was in our subsequent checking of that information where we found inconsistencies in not having a consistent amount of positive reference checks or qualification statements. With respect to your concern, Commissioner Mac'Kie of, would it be fair to the bidders, if you have a non-compliant bidder, then the bid may not be valid anyway. COMHISSIONER MAC'KIE: Anyway. Okay. I hear you. CHAIRMAN HANCOCK: I understand we have registered speakers on this? Do you have those? MR. FERNANDEZ: Yes, we do. Mr. John Stanley. MR. STANLEY: Ladies and gentlemen, as most of you know, my name is John F. Jack Stanley with the firm of, law firm of Vega, Stanley, Zelman and Hanlon, and Mr. Vega was contacted to represent Harry Pepper & Associates and present our position to you. Two things I wasn't going to mention until I got up here. Mr. Constantine, it has nothing to do with the $2,100 that we're the low bidder, what I have to say. And secondly, the staff could imply, you could imply from what staff said to you, that Pepper's made misrepresentations to you. That's absolutely not true. The questionnaire they were referring to was a questionnaire sent to one of the subcontractors. There is nothing derogatory in the county staff file about Pepper & Associates. Our client was the low bidder for the North Collier Regional Water Treatment Plant expansion, and staff has recommended that you reject all bids and rebid the project. I believe a famous American once said, war is too important to be left to the generals, and we believe this is too important an issue to be left to staff and it needs to be decided at the highest level, and that's by the commission itself. Their report states, and I quote, "A review of the two lowest bids found certain irregularities which could deem the bids as nonresponsive." The key word is "could". It doesn't say it does render the bids as not responsive, it says it could. There's no doubt -- Commissioner Constantine mentioned that you had the discussion to reject all bids, but why would you want to do this? There is nothing derogatory said in anything in the county files about Harry Pepper & Associates. The contract documents speak to criteria for disqualifying bidders, not subcontractors. It is one of Pepper's subcontractors who has caused some concern, specifically the well driller. Now, according to my math, the well driller's portion of the contract is ten percent of the overall contract. Ten percent to me is hardly a significant portion because I still think in school if you get 90, that's an A on any test. Pepper's, in fact, has agreed to substitute another well driller if that's the county's desire. He's indicated his willingness to indemnify the county for anything that may be brought, any action that may be brought by the well driller that doesn't get the job. Now, staff doesn't want the county to take any risks. My client is willing to take the risk. Not only is he willing to indemnify you, he'll put up a million dollar bond to indemnify you. He'll also, if you want another well driller and the well driller's bid is lower than the one that made up the part of our bid, we'll give the money back dollar for dollar to the county. What happens if you reject all bids and rebid the project? Well, two things; it costs time and money. And why is time important? The current project schedule is based on the construction beginning at the end of this month, which is critical in order to have the plant built and in operation to produce the water which will be needed for the fall of 1998. It's obvious, if you rebid the project, you will be unable to meet this peak water demand for the fall season of 1998. The Executive Summary even points out to you that there will be a fiscal impact. The consulting engineers, your other consultants, will charge you more to handle the rebidding. There will be additional staff time, and, if it's rebid, there may be an extra cost, I can't tell from staff report, there seems to be some concern you may have to pay some more for the easements. Admittedly, I may be reading something in that, but at least it sounds like that's an extra fiscal consideration that maybe you should consider. And all for what? There's no guarantee that if you rebid the job you are going to get a lower bid. When those bids come in, a protest could be filed on those bids later on and you'll again be considering further delays and more costs. Now, believe it or not, you all know how hard the Army Corps of Engineers is to deal with. My client not only has satisfied the Corps of Engineers on a project they recently completed in Georgia, they got a letter of commendation from the Corps of Engineers. Why not avoid the unknowns and award to the Pepper's, who is the lowest bidder and the best bidder, the job at hand so that we can get on with it and make sure that your constituents have water next year. Thank you very much. MR. FERNANDEZ: David Pepper. MR. PEPPER: Ladies and gentlemen, thank you for allowing me to address you-all. I'm David Pepper, president of Harry Pepper & Associates. The firm was started by my grandfather seventy-eight years ago. I'm going to tell you why it's in the best interest of you-all, you people of this county, to award the job to the lowest and the best bidder. Admittedly, I'm an advocate of my own company, but I'm going to tell you what I believe to be true and what I think is true. I'm the license holder for our company under six categories with the state. I hold the general contractor's license, the plumbing contractor's license, the mechanical contractor's license, the roofing contractor's license, the underground contractor's license, the pollutant storage contractor's license. CHAIRMAN HANCOCK: Mr. Pepper, I do need your comments to be pertinent to the suggestion or statement of our county staff on this matter as opposed to basically the background of your company and so forth. MR. PEPPER: I personally have bid over a hundred jobs in the southeast. I know what it takes to put these jobs together, and I think that right now you should award this job and not delay, and I think you've got your best price. Why do I think you've got your best price? Because the prices were so close. Anybody in construction can tell you. When you're $2,000 apart, you've cut it to the bone, especially on jobs of this magnitude. Also, I would like to tell you some things staff may not have told you. Your engineer's estimate was sixteen and a half million dollars on this job. The bid came in at 14.4, and your engineer recommended award to us. The electrician, the electrical price on this job was a once in a lifetime price. You'll never see the price that you got on electrical again on this job. It was unbelievable. Both bidders used it. If you bid it again, you're going to have staff costs, you're going to have engineering costs, your professional people will charge you, you're going to have time costs and your going to have product inflation costs. We have already got a jump on the project. We've already written our purchase orders. We have ample workmen standing by to do the job. Now I'm going to tell you what could happen, something that could be worse. By not bidding this project, you may run into considerable delay, at least sixty days delay in getting it started. And right at this point, you don't have a bid protest. You could have a bid protest when you rebid it, which would be further delays. And the water treatment plant may not be finished for the '98 tourist season. And have you ever been in a community where there is a water shortage? We have. We've worked in them, where there was, and it causes an economic problem. I don't think you-all want to be into that. Like a famous coach once said, if you're good -- if you're good, it's true, it's not bragging. Mr. Stanley has given you-all some letters from owners that we've worked for, and the one we're most proud of is the Corps of Engineers. We just finished a project in this magnitude for the Corps of Engineers. We received our letter of commendation. It came in unsolicited from Brigadier General Van Antwerp. "I want to take this opportunity to thank your company for outstanding performance on the upgrade industrial waste .... CHAIRMAN HANCOCK: Mr. Pepper, this is not a commercial for your company. It has to do with the bidding, the bid issue at hand. Please stick to that. MR. PEPPER: Okay. And also another letter that is very important that bears on this issue is one from the Dade County Water and Sewer Authority where we finished a project similar, 263 days early. What I'm really trying to tell you is, we've taken projects of this magnitude and finished them early and done an excellent job and been able to work. This is our fifteenth job that we did for Hiami Dade Water and Sewer Authority. So we can get the project done. And that's important on this project, because it is such a close time schedule. And, as the letters that we've sent you show you, we go a long way to please the owners and to work with the owners. Mr. Stanley has told you that, even though we feel our well driller was qualified and met the requirements, we will change the well driller at your request and give you back any difference in cost. Also, we have letters -- I think you've seen a letter from our well driller saying that he will not protest, sue or anything if we change. I think you've also seen a letter from the second bidder saying if we're awarded that they wouldn't protest. CHAIRMAN HANCOCK: Thank you, Mr. Pepper. MR. PEPPER: Do you have any questions? COHMISSIONER CONSTANTINE: Mr. -- COMMISSIONER MAC'KIE: I do. CHAIRMAN HANCOCK: Commissioner Constantine? COMMISSIONER CONSTANTINE: Mr. Gonzalez, my recollection of what you said fourteen minutes ago was that this wasn't about price, and it wasn't necessarily about Harry Pepper & Associates' ability. There were some, as it's written here, irregularities in the bid, you looked not only at this bid, there were irregularities in the next bid as well. Can you go through the nature of those irregularities and be specific for us? MR. GONZALEZ: Absolutely. Regarding Mr. Stanley's statement regarding no derogatory statements have been made by staff against Harry Pepper, he's absolutely correct. Our concern was related to the subcontractor that he submitted as part of the construction package in that -- he's also correct in that the well drilling component of the contract is small in terms of price, but it happens to be on the critical path of the project. We have temporary construction easements that will expire somewhere over the next year for -- to construct the well, the various wells along the project. That is why that component is very important, that work's started immediately. Now, since we're going to rebid, we've already contacted the attorney's office and we're going to get time extensions for those temporary construction easements. After -- at the end of the process when we decided to recommend to you to reject the bids, that was partly based on the recommendation by the Water Department director that, it's not necessarily the beginning of the 1998 water demand season that's critical, it's the very tail end. When you approach the spring of 1999, that's critical. So that allowed us to extend the timeline of the project. And, actually, we'll be able to give each of the contractors or the bidders that rebid it more time to complete the project. COMMISSIONER CONSTANTINE: I appreciate you answering all those questions but it still doesn't answer mine. Specifically the irregularities you found with (A) Pepper and (B) PI, Inc. MR. GONZALEZ: In the bid specification package there was a questionnaire for the well drilling subcontractor. The questionnaire asked, among other things, a list -- a list of projects with similar experience, contact persons they had worked with before, the names and experience statements of the key individuals on the well drilling subcontractor's team. We started checking those. We received inconclusive or inconsistent reference checks, both positive and negative, for Harry Pepper's well drilling subcontractor, Jaffer & Associates. To go beyond there, we either were four or five references, we checked on, the construction of the ten well fields are ten deep wells in excess of 2,000 feet. The positive reference checks for Jaffer & Associates were for shallow well construction. The negative reference checks were for deep well construction. We have been told by our hydrogeologist consultant on the project, there is a big difference in mobilization, set-up, working conditions, complexity of the project, between shallow wells and deep well construction. COMMISSIONER CONSTANTINE: So the well drilling is a critical part of the project. Was there anything else, any other irregularity with the Pepper bid? MR. GONZALES: No, that was it. COMMISSIONER CONSTANTINE: You said there was also an irregularity with the number two bidder? MR. GONZALEZ: Yes. Either Mr. Pepper or Mr. Stanley mentioned that the electrical price was a once in a lifetime price. That's probably true. We have since gotten information from Project Integration, the second low bidder, that perhaps the electrical subcontractor underestimated his bid by $500,000. The last thing I want to do is go into a contract with someone trying to make up $500,000 by way of a change order. I would rather have you know that up front, even if it's going to cost 500,000 more, but then it would be part of a competitively bid situation. That was important enough for us to consider that one as an irregularity. I don't know how much follow-up we did on that, but I have that as information received from the second low bidder. COMMISSIONER CONSTANTINE: Thank you. Mr. Weigel, I assume that a change that would impact ten percent, fiscally impacts ten percent of a bid, and I assume that a change that would change the fiscal impact of a bid by ten percent and it would be a, what we're told by our own staff, a critical part of the project completion would be a substantial change? MR. WEIGEL: Yes. That's correct. And may I state that, in working with staff, we reviewed the policy. Of course the county attorney office is pretty familiar with the policy on a daily basis, actually, but we review the policy and we will not advise the staff that it can't do something that it can do under the policies that it has. And that's what's gotten this to the board at the present time, is the fact that the staff is making recommendation to you. It is a legal recommendation. The county attorney office has advised and come in with the opinion that yes, in fact their recommendation is consistent with the flexibility and the decision-making that is, that is clearly within the purchasing policy itself. I will additionally state, though, that, in our discussions with staff in this regard and a significant number of phone calls with different counsel on behalf of the prospective bidders, that, sure, we recognize that time is a factor. Staff -- and it is the staff's responsibility, and they are telling you, time is a factor in this project. We look at a risk analysis, determining, even when these offers come in, post-bid opening, of indemnification, if time is a factor, cost is a factor, what is the lawsuit factor? Indemnification, yes, will make one whole. It is a way of paying dollars or attempting to contractually put in dollar form the damages that a party may receive by virtue of an action taken. Now, dollars may not pay for the loss of time in the true sense of the word. There is a value that's accorded to it but if time is truly of the essence, that's part of the decision-making that's brought to this board right here. You can be paid for the delay, but there's still a delay, and that went into part of our consideration with staff. We do not tell them they can't do something that they can do. We attempt to be result-oriented also, but within the legal parameters of the process that's in before us now, which is the purchasing policy. COHMISSIONER CONSTANTINE: I guess with that said, I understand the bidder's frustration with the process, but ultimately it's our responsibility to protect the public and to protect the integrity of the bid process, and if our technical staff is telling us, our purchasing staff is telling us and our legal staff is telling us that it's in our best interest to rebid, I've got to believe that it's in our best interest to rebid. MR. WEIGEL: And I also will say to the board that it makes the risk analysis also and also looks to what is the best interest generally and can make a determination that's different than the staff recommendation, but it's the -- it's in an informed situation that you do that. One last comment. It's been stated, alluded to by Mr. Stanley and by Mr. Gonzalez that the temporary easements that the county has do have a time duration to them. They were an easement of one property owner. It was obtained not through negotiation but through eminent domain, so if the board were to determine to go back forward in a rebid process, what the direction really is to staff and county attorney office is to do all things necessary, include go back to court, in regard to an appropriate valuation, which, frankly, wasn't very much, but to get the right to extend the construction easement for an additional period. CHAIRMAN HANCOCK: Commissioner Mac'Kie? COHMISSIONER HAC'KIE: I'm just trying to summarize. But it sounds to me like that we are considering the possibility of spending more money, we are considering the possibility of having to fight again to get access, to get the -- because of the easements being temporary, and we're doing this or we're being -- your recommendation is that we do this, based on the fact that there was what I would not call an irregularity in the subcontractor, I would call it that, you know, something other -- irregularity sounds a little bit like there was something crooked, so I'm glad Commissioner Constantine had that clarified on the record, because, what it sounds like is that this subcontractor's references didn't -- were not as positive and perhaps were not as appropriate, but that's not an irregularity, in my use of the word. But we are considering rebidding this despite the fact that we're -- we know we're going to spend more money and we know we're going to spend more time and we may lose access because of a problem with the subcontractor, and the contractor has agreed to change the subcontractor. Now, I understand that that may be a modification or an irregularity in the bid process, but then from a practical perspective, that irregularity becomes risky if that subcontractor's going to complain that he lost his deal or if another bidder is going to complain that we allowed the first bidder to change the deal. One of these gentlemen represented that both the subcontractor and the other bidders have waived any right to object. I would ask if the county attorney has looked at those waivers to be sure that they are adequate waivers, because if they are, from a practical perspective, we're talking about risking -- spending more money, having a time problem and, frankly, not being completely fair, to address a problem that can be remedied by changing the subcontractor. CHAIRMAN HANCOCK: Opening it up to objection and contesting from the balance, from Project Integration, from Westra, from Stone & Webster. COMMISSIONER MAC'KIE: That's why the question I'm asking the county attorney is -- CHAIRMAN HANCOCK: Okay. COMMISSIONER MAC'KIE: -- has he seen these letters saying that they agree to this change, that they will not file a bid protest if this change is permitted? MR. WEIGEL: I have not. I've seen a letter of representation from the Harry Pepper Company in that regard. But please note that even the record today does not have these other entities or the subcontractor going on record. We have representations that are being made to us. I take them as I hear them and from whom I hear them. They are not based upon, to my knowledge, contract consideration for the forgiving or giving up of rights and things of that nature. COMMISSIONER MAC'KIE: That's real important. MR. WEIGEL: So from that standpoint, I only accept them as statements being made in the process of an informational discussion before the Board of County Commissioners. But I can't give any credence to them, that these people will or will not honor the statements that have been made to us on their behalf. MR. STANLEY: Well, I gave, I believe, in the packages that I had delivered to your offices yesterday, a letter from Jack was in there where they say they won't. CHAIRMAN HANCOCK: Do you have a letter from Project Integration, a letter from Westra and a letter from Stone & Webster saying they Won't? MR. STANLEY: Only the top one, PI, I think that's the initials, PI. Not from the other three because they were so far out of -- so much more, I guess. CHAIRMAN HANCOCK: Not if you throw 500,000 back into it, they're not. MR. STANLEY: We'll put in any contract that we won't submit a change order for the electrician. COHMISSIONER HAC'KIE: How did we get that once in a lifetime price? MR. STANLEY: You're going to have to ask him. COHMISSIONER HAC'KIE: Please. CHAIRMAN HANCOCK: Okay, we're -- COHMISSIONER HAC'KIE: I would like to know the answer to that issue on the once in a lifetime deal from the electrical contractor, and then I'll be done with my questions, Mr. Chairman. How did we get that once in a lifetime deal? MR. PEPPER: It's an electrician that we've worked with before on the job, and, as the bidding process works, he gives everybody the same price. That's the way it works. And he's in a position right now where he's desperate for work. He needs work very, very badly, and as a result, he had to try to basically cut some extremely good deals with his suppliers, get some favorable pricing, call in some markers to get it done. And he's bidding a lot of other work right now. If he doesn't get this project, he may not even be able to rebid it. But we've worked with him before. We've done major projects with him before. He'll -- he bonds the project back to us. We'll have a bond from him. So the project will go forward without him asking for major money back. He needs it to keep his company going. MR. CARNELL: Mr. Chairman, if I please could? Steve Camell, Purchasing Director. CHAIRMAN HANCOCK: Let's be brief, Mr. Camell, because we need to wrap this up. MR. CARNELL: I will, but it's very salient, what I'm about to tell you. The issue regarding Project Integration and their alleged waiver of any formal action against Collier County is qualified, and if you have the letter in your back-up, I can read the key sentence here. There is a -- it's a very brief letter. The second sentence -- first sentence says, "Please be advised that Project Integration has not and does not intend to protest the award of the above referenced project to Harry Pepper & Associates." Sounds great. Read the second sentence. "This position is based on and applies only to the original bid as submitted on August 20th, 1997." That does not -- Project Integration has verbally told me and in writing that they will object if you allow Harry Pepper to be awarded the contract with a new well driller. COHMISSIONER NORRIS: Mr. Chairman, I'll make a motion to approve staff recommendation. COHMISSIONER CONSTANTINE: Second it. CHAIRMAN HANCOCK: I'm going to support the motion on the basis that this isn't Deal Making 101. This is a bid process and the integrity of the process is key. Our staff followed to the letter. By finding an irregularity, however you want to refer to it, it was a reference that didn't pan out for the work described. They went to the second bidder, found another issue in which there would be $500,000 in discrepancy, and a bid that's $42,000 apart, that's a rebid, plain and simple. So, I'm going to support the motion. COHMISSIONER HAC'KIE: I agree because, if there were a way to solve the problem simply without going back through then I'd like to do it, but I don't think these letters are adequate. CHAIRMAN HANCOCK: Mr. Pepper, there's a motion on the floor. Is there any further discussion on the motion? Seeing none. All those in favor signify by saying aye. Opposed? (No response.) Motion carries 5-0 Mr. Gonzalez, let's fast track this as best we can to make sure we don't cost ourselves any more money than we have to. Thank you. Item #8B3 BID NO. 97-2665, NORTH COUNTY REGIONAL WSTEWATER TREATMENT FACILITY SOLIDS STABILIZATION FACILITY IMPROVEMENTS, PROJECT 73047 - REJECTED ***CHAIRMAN HANCOCK: I assume to Item 16(B)5, we're dealing with a similar if not the same issue? MR. FERNANDEZ: Mr. Chairman, I believe that there was an oversight in this. There was confusion, really, on this one. I believe that the only interest in moving it from the Consent Agenda was my misunderstanding of Commissioner Berry's concern, so with her clarifying that this morning -- COMMISSIONER BERRY: It was my misunderstanding. Don't blame the county administrator. CHAIRMAN HANCOCK: Do we have a motion on -- COMMISSIONER NORRIS: Motion to approve. COMHISSIONER MAC'KIE: Second. CHAIRMAN HANCOCK: All those in favor signify by saying aye. We've got a couple more items. I need to ask you again, are you okay for ten or fifteen minutes? THE COURT REPORTER: Yes. Item #9A REPORT RE MARCO ISLAND REZONING PETITITIONS - PRESENTED ***CHAIRMAN HANCOCK: Okay. The next item on our agenda under County Attorney's Report was a late add by me. I received a phone call today from someone who has been informed that their application for fezone submitted prior to the incorporation decision on Marco is going to be held. Mr. Weigel, the last discussion we had in this forum was that until the city council was seated and an agreement was reached it would be, quote, unquote, business as usual. Has that changed and, if so, why? MR. WEIGEL: Excuse me. It has changed to the extent that we have determined, with significant discussions over time with the committee on community affairs of the state, that those decisions that would otherwise come to the Collier County Planning Commission and the Board of County Commissioners, sometimes sitting as an original board, sometimes sitting as an appellate board from the Planning Commission, that those matters have been divested of jurisdiction from the Board of County Commissioners and the county generally and do in fact lie with the City of Marco, which did become a city on August 28th, whether they have a council in place at that point or not. A couple other notes. Looking at the charter again and again and again, particularly Pages 28 and 32, are those elements -- pages of the charter that specifically talk about that the land use regulations, zoning codes, et cetera, remain intact as they exist as of the date of incorporation, August 28th, 1997, but that these matters are in the province of the city council and the Planning Commission, if it creates it. We were concerned about the fact of a quote gap that would potentially occur for matters that were in the pipeline, but, in our discussions we found that ostensibly even those matters that were before the Planning Commission and potentially appealed to the Board of County Commissioners sitting as the Board of Zoning Appeals, matters before the Planning Commission before August 28, would not, in the regular scheme of things, be able to be heard by, advertised and heard by the Board of County Commissioners until after the November 6th election date. Notwithstanding that fact, other matters that were before, or I should say in the process of application to the county through the staff and then to go and be scheduled to the Planning Commission, clearly would not find themselves in a position where either the Planning Commission could act, and if there were an appeal therefrom, that there would be an appeal to the Board of County Commissioners, which is the procedure that exists under our land development code. That has been removed -- that ability of the board to sit as an appellant body is removed by virtue of the timing of that election and by the fact that a city council will be seated. Be that as it may, we note that the delay that may come, and will come to some of the petitioners and applicants in the process of matters that would normally be heard for decision-making by the Planning Commission and the Board of County Commissioners, will only have a temporary delay. The August 28th election was in the works and known to all, whether they applied before that election or did not, and, unfortunately, by virtue of the way that the charter is written, it does rest jurisdiction from the county to go forward on those matters. Another part of the consideration we had was, who does the county wish to have a challenge from, even if we were to determine to go ahead with these matters with the Board of County Commissioners. And I don't see that there is a constitutionally protected right for individual land owner interests to go forward seeking variations from the status quo of the county's zoning law, the status quo of which, for the Marco area, is in fact specifically required under the Marco charter. And so they will come forward to the city council as soon as it gets going after the election on November 6th. Another matter that we've discussed with the staff development services staff is the fact that, yes, in fact, county staff has provided significant work on these petitions and the petitioners have provided their significant application fee, or permit fee in these situations. Staff has determined that, on a case by case basis -- and there aren't that many cases concerning petitions for Marco Island -- but on a case by case basis they will work with the petitioner to determine if in fact the petitioner wants a refund of the petition fee for services that may not be completed by the county staff. Now, there's also the potentiality of interlocal agreements, and we would hypothesize that there's probably a probability of interlocal agreements with the City of Marco and Collier County for the use of the staff of Collier County, for the staff functions that it's already been doing that would bring these things into, in preparation for, with staff recommendation, to the city council or at city council's planning commission of Marco Island. That's yet to be seen or yet to be known, but there's certainly an endeavor by county staff to work with the individual petitioners in that regard. CHAIRMAN HANCOCK: In a nutshell, some poor soul who worked on something for months and spent a lot of money on it, submitted it to the county, got scheduled and so forth, if they haven't been heard by the Planning Commission, they're in limbo until -- MR. WEIGEL: They are in limbo for a short period. And, incidentally, in speaking with the Committee on Community Affairs, we found conflicting interpretation from their counsel, but -- in regard to, can these matters go forward locally or not. Ultimately we had to make the determination ourselves, looking to the various sources that we did to, and I think that, looking at all of the language of the charter, which talks about it being liberally construed, talks about the, in the whereas clauses, of the power being and local government concerns of being importance to the citizens of Marco and local government. We think this is ultimately the prudent legal determination and correct legal determination. It obviously is going to affect some people. No question. CHAIRMAN HANCOCK: I don't think like the answer but I'm hearing that more or less our hands are tied by the structure of the charter, that if we move ahead, in all likelihood the City of Marco is going to then turn around and invalidate our zoning decision based on the charter. MR. WEIGEL: And beyond that, the City of Marco may not recognize the zoning decision that's made by us, so what have we gained by going forward at this point in time? COHMISSIONER HAC'KIE: It almost seems like the only thing we could do worse to these property owners who are in the process is to give them a decision that may be meaningless. CHAIRMAN HANCOCK: No. I agree. I just don't like it. COHMISSIONER HAC'KIE: I don't like it. CHAIRMAN HANCOCK: I think it puts people who are trying to operate on a good path in a bad situation and, you know, there's nothing we can do about it. MR. WEIGEL: No. That's true. Now, in those areas of enforcement and those things of mere permit applications at the staff level, those continue. Those continue. But it's the quasi-judicial decision-making and the land use decision-making of the Planning Commission and the board which appear more clearly not to be -- CHAIRMAN HANCOCK: In the future we've got to get involved in the writing of charters for future cities because, you know, we're enforcing all the codes and laws on Marco right now yet we can't effect them. Well, that makes a heck of a lot of sense to me. Okay. Thank you. Item #10A RESOLUTION 97-389 APPOINTING DELORIS J. SHERIDAN, PATRICIA GULLY AND ROBERT J. RILEY TO THE PRE-KINDERGARTEN INTERAGENCY COORDINATING COUNCIL ON EARLY CHILDHOOD SERVICES - ADOPTED ***Next item under Board of Commissioners, 10(A), appointment of members to Pre-K Interagency Coordinating Council. COHMISSIONER CONSTANTINE: Mr. Chairman, we need to appoint three members. There are three applicants. COHMISSIONER NORRIS: Second. COMMISSIONER CONSTANTINE: I'd suggest and even make a motion that we approve those three applicants. COMMISSIONER NORRIS: Second. CHAIRMAN HANCOCK: Ms. Filson, what was the date on which you had to receive resumes by for their consideration? MS. FILSON: September 26th. CHAIRMAN HANCOCK: Okay. I don't know how or why, but somebody sent something to me instead of you -- the advertisement has your name in it, doesn't it? MS. FILSON: Yes. CHAIRMAN HANCOCK: Sent it to me. I did not get it to you by the 26th, so they were not considered. I guess there's nothing I can do. I'll have to correspond with them and just let them know. They sent it to me on the 19th, so in that week I did not get it to you, so they were not considered. They should have sent it to you as the advertisement indicates. So I guess we'll just have to say, give it a shot next time and next time send it to Ms. Filson. COMMISSIONER CONSTANTINE: We've had that happen a couple times. MS. FILSON: They are only one-year appointments. CHAIRMAN HANCOCK: Okay. All right. I'll correspond with them individually. We have a motion for Ms. Sheridan, Ms. Gulley and Mr. Riley, and a second. All those in favor signify by saying aye. Okay. That one is done, 5-0. PUBLIC COMMENT ON GENERAL TOPICS - JAMES F. SMITH RE ASSESSMENT BILL - STAFF DIRECTED TO WAIVE THE INTEREST ***CHAIRMAN HANCOCK: BCC Communications. I'm sorry, we didn't -- no, not yet. Under Board of County Commissioners -- okay. I'm not to Communications yet. We are to Public Comment. Any registered speakers today? MR. FERNANDEZ: We have two, Mr. Chairman. There are James F. Smith and Ty Agoston. Mr. Smith? MR. SMITH: Good morning, or good afternoon, ladies and gentlemen. I'll make this short and sweet. CHAIRMAN HANCOCK: Mr. Smith, I just need your name for the record, please. MR. SMITH: That way we'll have all a good lunch. CHAIRMAN HANCOCK: Mr. Smith, can I ask for your name on the record, please? MR. SMITH: Jim F. Smith. CHAIRMAN HANCOCK: Thank you. MR. SMITH: I live at 651 102nd Avenue North in town, Naples. Some of this situation I'll have to press it with things that might not sound like you, Mr. Chairman, to be related but they are all related. They will all be done very quickly. July 8th of 1997 I was interned in a hospital in Fort Lauderdale, Cleveland Clinic, for open heart surgery. I had a quadruple bypass, which is irrelevant. I was supposed to be there in the hospital seven days. Well, complications arose. I was in there fourteen days, with the wife in a hotel along with me in that town. When we come back, which was the 20th, in the afternoon. 20th? MRS. SMITH: 21st. MR. SMITH: 21st, my Mrs. tells me. I had a stack of mail unopened that was unbelievable. We got on it right away. And she says, "Oh boy, we owe that -- we owe that assessment notice, $627.09." I said, "Pay the darn thing." I said -- I didn't want the improvement to start with. I says, "Let's pay it and get it over with, behind me." She was so still nervous as a cat, almost had a nervous breakdown, so she goes up to the bank, tells the lady at the First Union Bank on the corner of Immokalee and 41 which is where we do our banking. She said, "I want you to make a check out to .... which I'll give you a copy of .... a check out to the Board of County Commissioners for 627.09." It was made out, it was made out timely, because it was 7/22 when the check was made out, deadline being the 24th, 7/24. Well, I have no control over what happens to a check after it's been sent out. The post office is less than responsible at times and you folks know that. You've dealt with that yourself. So, I said, "We'll wait a while. It's probably running around, I says. It'll get there." So we waited three weeks. So I said, "Hey, that's too long." The other check that went out the same day for utilities, our water bill, it was received almost immediately. So based on that, I went up to the bank and I said, "Well," I said, "the best thing I could do is put a stop payment on the check and start all over again." So the payment on the check was stopped, and I went over to Horseshoe Drive over here to the folks over there, who were not only very helpful but were very courteous about my problem. In fact, the gent over there who I talked to just yesterday, he's the chief honcho, he told me that, he says, "I can take off the $6.00 that we have," which is an administrative cost to collect the money, "or I can suggest you go over to the commissioners and see if you can tell them what the problem is." It ain't the money. It ain't a lot of money. It's $40.00 and some-odd cents. But the principle of the thing is what burns me. I sent it out timely, I've got proof of it here by a check and proof of it from the bank. I went up to the bank and asked them, "Are you certain you put it in the mailbox and it's gone?" And they -- I wouldn't want to press it any further for fear of jeopardizing the young lady's job that took care of us over there. But I'm certain it was sent out. But it hasn't been received yet. So I'm sure all of you at one time in your life have had similar situations. So when I went over there, they said, "Well, we'll send you another bill." I got the other bill. It was for $601, and I sent that. And they said, "This coming November you'll have a bill for $72.00." I'm hotter than hell about that because I paid it timely and you didn't -- folks didn't receive it. I understand the bond from Barnett is such, they don't care about that either. I'm hoping you've got some sort of a slush fund that you can get into mitigating circumstances. We did when I was a trustee in Chicago, and there's no reason why -- COHMISSIONER HAC'KIE: Called it the Daley fund. CHAIRMAN HANCOCK: Fortunately for you and government we can't have them. MR. SMITH: I'd rather dip in your pockets than mine. That's what I'm trying to say. COHMISSIONER CONSTANTINE: Mr. Smith, I'm pretty sure we don't have a slush fund, but I bet our county administrator would be more than willing to sit down with you, and if we can do an administrative correction there of the $40.00, I'm sure he'd be happy to take care of that, or whatever the administrative correction needs to be. MR. SMITH: I appreciate it very much. (Applause) CHAIRMAN HANCOCK: Mr. Yonkosky, quickly, you know, we've heard check's in the mail before, but this is a little different, because we actually have proof from a bank it was written on a certain day and so forth. So, working with Mr. Fernandez, can we take care of this administratively? MR. YONKOSKY: Let me explain the process to the commissioners. The commissioners have always had the -- maintained the authority to waive interest and that's what we're talking about here. COHMISSIONER CONSTANTINE: Motion to waive. COHMISSIONER HAC'KIE: Second. CHAIRMAN HANCOCK: I'm not sure we can take a motion under Public Comment. COHMISSIONER HAC'KIE: Well then how about direction? CHAIRMAN HANCOCK: That, we can accept. COHMISSIONER CONSTANTINE: Direction to waive. COHMISSIONER HAC'KIE: Ditto. Gone. COHMISSIONER BERRY: So be it. MR. FERNANDEZ: Mr. Chairman? CHAIRMAN HANCOCK: Yes. MR. FERNANDEZ: I would appreciate the opportunity for Mr. Yonkosky to finish describing to the board the implications of that action. I think that it's important that the board know it. MR. YONKOSKY: And I'll be real brief and very quick. When you first set the roll out, we sent the bills out to everyone and you gave them a thirty-day period in which they could pay interest-free, actually, that turned out to be a longer than a thirty-day period, you were given the -- we actually allowed people to pay interest-free under the board's direction up until the day you set the interest rate. Once -- the day you set the interest rate, you actually borrowed the money. So now you've got the money in hand and it's going to require "X" amount of interest. And with that bond issue, you did not have a debt service reserved. If you waive the interest, which the board can, you'll still have to make that interest up from someplace else, whether it be general fund or whatever. And we have several hundred people that have come and paid off, since the day you sold the bond issue, and they paid the interest for the first year so that you would be whole. That's -- CHAIRMAN HANCOCK: I understand that point. If any of those people can come forward and can show hospital bills showing two weeks getting a bypass in the Cleveland Clinic or any other hospital, plus the date of actually issuing a check prior to, you know -- these circumstances are such that I think it's so narrowly construed that we can be a little human today and a little less bureaucratic. COHMISSIONER CONSTANTINE: Well, statistically it comes out to about seven one-thousandths of a penny. COHMISSIONER HAC'KIE: I'm willing to pay. CHAIRMAN HANCOCK: I appreciate your caution. But again, these folks brought extenuating circumstances forward that I think the board is sympathetic to, and I think that's the difference between that the other several hundred that have paid the first year in interest. COHMISSIONER HAC'KIE: Thank you. It's appropriate for us to know that. CHAIRMAN HANCOCK: Agreed. MR. FERNANDEZ: Right. CHAIRMAN HANCOCK: I think that makes it narrowly or sufficiently narrow, Mr. Fernandez. MR. FERNANDEZ: Thank you, Mr. Chairman. We have your direction. MR. SMITH: I sure appreciate all the commissioners for their -- CHAIRMAN HANCOCK: Best of luck to you. TY AGOSTIN RE SPEED LIHITS ON PINE RIDGE ROAD Our next public speaker? HR. FERNANDEZ: Ty Agoston. COHMISSIONER CONSTANTINE: Ty, before you get started, I've got to say, those are some great looking socks you've got on there. MR. AGOSTON: I didn't understand you. COHMISSIONER HAC'KIE: I didn't get to see the socks. COHMISSIONER CONSTANTINE: Great looking stocking you're wearing. I couldn't help but notice them as you were -- MR. AGOSTON: I have a dozen. I'll sell you some. Good morning, ladies and gentlemen. My name is Ty Agoston and I live in the less attractive northern Golden Gate Estates, less attractive made by your actions by blocking out the sewers and water a couple of weeks back. I just thought I would mention, just in case you have any other ideas of making the northern Golden Gate Estates less attractive. What I really have to say is somewhat frivolous, but recently I have been told that you control the speed limits on some of the roads in Collier County. And on my way home from town, I travel Pine Ridge Road to 951, and so on. I have a running bet with me that every time I turn from Logan to Pine Ridge I will see a sheriff's car looking for speeders. This is a segment of the road that has no commercial establishment, very few homes. So it's a relatively free ride to the next traffic light, which is at 951. I believe that you will ease a lot of people's guilty conscience, such as myself, who goes maybe faster than I ought to, but certainly those people's pocketbook who do get hit with a traffic ticket by a sheriff who, again, invariably present at that segment of the road. That's all I have. If you could and you have the authority to make the change, I would strongly recommend that you do so. Thank you very much. CHAIRMAN HANCOCK: We have no advertised public hearings today, no Board of Zoning Appeals. Item #14A LETTER FROM CITY OF NAPLES REQUESTING JOINT MEETING RE BEACH PARKING - MEETING TO HELD ON NOVEMBER 3, 1997 AT 8:30 A.H. ***We are to Staff Communication on our agenda. Mr. Fernandez? MR. FERNANDEZ: Mr. Chairman, I have just two items. The first is a letter I have received from the City Manager of the City of Naples, speaking to the issue of beach parking. And if I could very briefly paraphrase portions of the letter, the letter contains a three-fold request; request a joint meeting of the county commission and the city council to occur here at City Hall in the City Council Chamber within the month of October. Number two, authorize a thirty day continuance of the interlocal agreement, which technically expires September 30, 1997. And thirdly, continued issue, beach parking stickers to city and unincorporated county residents during this thirty day period. The letter contains a suggestion of two possible days. I have since learned that one of the dates is not workable. They had originally suggested the dates of October the 13th and October the 27th. I received a call from Dr. Woodruff this morning indicating that the dates of October 13th and November the 3rd are the dates that will work for them. We have been able to check your calendars. I think with the exception of Commissioner Norris, the commissioners are available on November the 3rd. I don't know about Commissioner Norris. CHAIRMAN HANCOCK: What about October 13th? That would be next week. COHMISSIONER HAC'KIE: I could do either of those. MR. CONSTANTINE: Give me the choices again. CHAIRMAN HANCOCK: October 13th. MR. FERNANDEZ: October 13th and November 3rd. Evidently October 13th is date that doesn't work for a number of commissioners. CHAIRMAN HANCOCK: Okay. I thought you said October 27th was the date. MR. FERNANDEZ: That's the date that didn't work for the City of Naples. They changed. They called back and changed it. CHAIRMAN HANCOCK: So, November 3rd is the only option. COMHISSIONER MAC'KIE: The 3rd? MR. FERNANDEZ: Looks like the only option. CHAIRMAN HANCOCK: And Commissioner Norris can't be there. MR. FERNANDEZ: No. We just don't know about Commissioner Norris. COMHISSIONER NORRIS: I think I can. CHAIRMAN HANCOCK: Okay. November 3rd fine with everybody else? COMMISSIONER CONSTANTINE: I'm sure I can alter the schedule. COMHISSIONER MAC'KIE: Yes. CHAIRMAN HANCOCK: Let's schedule it and let's go see -- COMMISSIONER CONSTANTINE: What time will that be? I noticed a couple different times on the original suggestions. MR. FERNANDEZ: 8:30 a.m. is the time for the November 3rd date. COMMISSIONER MAC'KIE: Just a thought, that, I don't know at whose prerogative or how -- at one point we were having quarterly meetings, quarterly joint meetings with the city council, and I don't know how those fell off or why we came not to have them anymore, but I wonder if we might need to at least schedule biannual meetings or some regular communication opportunity with city council. I'd just plant that for everybody's consideration. CHAIRMAN HANCOCK: The reason they fell off is because the agendas became nonexistent. We were making stuff up to talk about. I remember the agendas kind of died, you know. There came a point when each was asked to submit an agenda for the meeting and nothing got submitted so we decided then, just call them as needed, such as this issue. So that's my recollection. If there are, you know, more than one issue out there and a reason to get together, I'm all for it. But just to do it to shake hands and have donuts, you know, I can do that on my own. MR. FERNANDEZ: So, Mr. Chairman, we'll schedule November 3rd at 8:30. That's all right with the commission? COMHISSIONER MAC'KIE: Yes. MR. FERNANDEZ: The only item I have is a sad note. I just wanted to announce to the county commission that Penny Keeling passed away last week, and I just thought I should mention that to you and ask that you remember her in your prayers. CHAIRMAN HANCOCK: Thank you very much. We will do that. ***We are to Board of Commissioners' Communications. Commissioner Mac'kie? COMHISSIONER MAC'KIE: I have nothing. Item #14B LETTER FROM NAPLES CITY MANAGER DR. WOODRUFF INDICATING THAT THE BEACH PARKING CONTRACT HAS EXPIRED COHMISSIONER NORRIS: Wait a minute. CHAIRMAN HANCOCK: Oh, I'm sorry. I skipped Mr. Weigel. MR. WEIGEL: Thank you. Well, since I was just speaking you may have thought I was there. Two things. Please note that Dr. Woodruff's letter indicating that the contract has expired. Again, we get the dilemma of the county attorney attempting to assist in creating a written extension of a document that's expired. Again we've endeavored to do this in the past a la the golf contract, and the clerk has not accepted that. I would expect we would get the same and should look to the clerk's review if we can do this with this particular -- CHAIRMAN HANCOCK: Agreed. Just run it by the clerk to make sure whatever we adopt he can live with. MR. WEIGEL: And secondly -- MR. FERNANDEZ: Mr. Chairman, if I may interrupt? Mr. Ehrlichman asked to speak on this subject and I neglected to mention that when I brought it up. COMMISSIONER MAC'KIE: We have a comment on Comment? CHAIRMAN HANCOCK: Gil, that's just not something under Communication. We don't open it back up for comment. MR. EHRLICHMAN: I wanted to ask a question about the beach parking. COMMISSIONER NORRIS: You can ask the staff after the meeting. They would be glad to answer it for you. CHAIRMAN HANCOCK: Yes. Since it's not on the agenda today, Gil, that would be a little out of order. Item #14C DISCUSSION RE SUNSHINE LAW AND PUBLIC RECORDS LAW AND DISTRIBUTION OF SAME TO NEW COMMITTEE MEMBERS MR. WEIGEL: Thank you. In December '95 I distributed a memo to the Board of County Commissioners and to all of the advisory boards and committees of kind of a can-do, easy to understand discussion of the Sunshine Law and the Public Records Law, and that was also distributed to the staff liaisons with the idea that staff liaisons would have multiple copies on hand to make sure that when any new members were appointed to any of these committees that they would receive, I thought, a very workable, handy document. I just kind of generally have come to the knowledge that not all that -- we certainly have many new reappointments, appointments and reappointments and it is probably an appropriate time as we approach two years from the initial transmittal of these, to do it all again and even better. And I'm going to be preparing within the next ten days and providing to the Board of County Commissioners and all of the advisory boards and committees and the staff liaisons a revised memo about the Sunshine Law and the Public Records Law and, in fact, I'll also provide for those quasi-judicial committees and any other reporting individuals, due to relationship with committees, a memo in regard to conflicts and gifts law ramifications and ways to proceed. I think it will all be a very readable type thing, handy, easy to use, and we'll hope that the staff liaisons are fully armored with these and will continue to transmit them to new appointments, and we'll check on that from time to time. CHAIRMAN HANCOCK: Mr. Weigel, will that memo also give us, the board, guidance, because we had all been operating under -- with the exception of Commissioner Berry, who came on board afterward -- we had all been operating under what Mr. Cuyler had briefed us on when we took office regarding gift disclosure and so forth. I was at an FAC conference last week and I talked to commissioners from all over the state of Florida, and no two had the same interpretation. It was just amazing. So what we need is, we need the new and better approach, because, again, we're -- we have to act -- we're bound to act really on your advice. That's what you're there for. MR. WEIGEL: That's correct. CHAIRMAN HANCOCK: And if there have been changes or new issues, we need a solid, concrete reporting scenario from you on how we comply with the law, how we best comply with the law. MR. WEIGEL: That's exactly right. CHAIRMAN HANCOCK: So, you know, I think we need kind of some hard and fast rules from you so we can have the best updated advice possible. MR. WEIGEL: I think we can get it down to a nutshell few rules that are pretty clear and then the rest is the discretion of individuals as to how they wish to apply those rules. CHAIRMAN HANCOCK: As always. MR. WEIGEL: Okay. CHAIRMAN HANCOCK: Thank you. Any further staff communications? Seeing none. Commissioner Mac'Kie? COMMISSIONER MAC'KIE: Nothing, thank you. CHAIRMAN HANCOCK: Commissioner Norris? COMMISSIONER NORRIS: Nothing. CHAIRMAN HANCOCK: Commissioner Berry? COMMISSIONER BERRY: No. The only thing I might add is, the easiest way is just don't take anything from anybody. COMMISSIONER CONSTANTINE: Don't accept wooden nickels. CHAIRMAN HANCOCK: Commissioner Constantine? Item #15A POSTED BEACH AREA ON MARCO ISLAND COMMISSIONER CONSTANTINE: I couldn't help but notice the article in today's paper with the CRW and Commissioner Norris' comments, and we have been through that a couple of times, and I think Commissioner Norris supplied the board with pretty compelling evidence that -- COMMISSIONER MAC'KIE: I'm sorry. What are you -- I haven't read the paper. What's the CRW? COMMISSIONER CONSTANTINE: I'm sorry. The posted beach area down on Marco for birds. COMMISSIONER MAC'KIE: Got you. CHAIRMAN HANCOCK: No people? COMMISSIONER CONSTANTINE: No. Because it's the only place on the planet that the birds plan the nest is in that one specific location of the beach. My recollection is you presented pretty compelling evidence that the state had created that area for a specific amount of time back in 1988. And so, if the comments attributed to you in the paper are accurate, I think they're consistent with the action this board has taken in the past. But I for one continue to support that action, and if you see the necessity -- I know you're on top of the issue, but if you see the necessity for something to come back to the board and us to take action with the state, I would encourage you to do that. COMMISSIONER NORRIS: Well, actually, the Marco Island Beach Renourishment Committee did discuss a few options of how to deal with that in response to the drownings that recently occurred there. There's been three this year. So we may see that on next week's agenda, some discussion of that. Have you heard anything? MR. FERNANDEZ: I haven't, Mr. Chairman. I haven't heard anything. COMMISSIONER NORRIS: Okay. They were to forward it up for perhaps the county commission's discussion at some point in time. MR. FERNANDEZ: I'll look for that. CHAIRMAN HANCOCK: I'm sure anything done there, we can get some cost contribution from the City of Marco. COHMISSIONER NORRIS: In the interim, we did receive -- I guess you-all received the letter from the Game and Fish about that subject and I forwarded a memo today to the county attorney's office to check to see if they agree with the statement that was contained within there, that the Game and Fish feels that the critical wildlife area is still in effect, even though the supporting documentation references one single year. We'll check it out. CHAIRMAN HANCOCK: Yes. Now, at least the time I've been on the board, every year we come to an agreement with Game and Fish and that's how it should always operate, and we should do that every year. Just like last year, they were going to block off the whole thing, which cause people -- it actually would cause people to be a little impatient and go through the area instead of doing what makes sense, which is create walkways, you know, so that people can have access to the most desirable part of beach. So, you know, that arrived -- we arrived at a very common sense solution last year and hopefully can do it every year in the future. Item #15B DISCUSSION RE PGA CONTRACT ISSUE I do want to bring everyone up to speed on one thing. The article in today's paper regarding -- COMMISSIONER MAC'KIE: Geez, I should have read the paper. CHAIRMAN HANCOCK: And I was going to bring it up anyway, but the article regarding the clerk's statements referencing the PGA, I think the headline was "Clerk threatens to sue PGA .... COMMISSIONER BERRY: I didn't read the paper. CHAIRMAN HANCOCK: It was a little unfortunate that that's kind of the taste it left you with because I had a very good meeting with the clerk last week, on Friday, in which we both agreed that, as we've discussed, the intent of this board was not embodied in that contract very well, and the intent is what, in my opinion, should rule the relationship with the PGA. And if the contract did not reflect that intent clearly, then we need to deal with that. We tried to do that once already. The clerk has agreed to work with me and with the county attorney's office and we'll be meeting later this week to come up with a way in which we can get the courts to verify that the intent of both parties is what rules, and that way he can fulfill his obligation in completing the contract requirements, and without, you know, losing any sleep over it. And exactly what we thought we would get and what we would pay for is exactly what we got and paid for, and all's said and done. One of the problems that's coming up is this reimbursement issue, reimbursement and profit issue. Maybe my recollection -- I've read the minutes, so I think it's pretty sound -- is that we went, we did a contract with the PGA because they were not for profit, and under the structuring at that time, the only way you could do a contract that was not subject to reimbursement was to do with it with a not for profit. There was never any intention to monitor every dollar in and out of the tournament to determine if someone made some money, that the 500,000 was to be paid back. That's why we contracted with the PGA, a not for profit, just as we had done with Fillabelly and other not for profits. We never required, you know, that extent of information because there was no repayment of the grant. And that's one thing that the language in the contract doesn't recognize. So it just creates a problem for the clerk's office. We're going to work with them this week and see if we can get it resolved. It'll probably take a little while but -- COMMISSIONER CONSTANTINE: Bottom line is you had a good, productive meeting with the clerk? CHAIRMAN HANCOCK: Very good. I was pleased with it and we'll move forward from here. COMMISSIONER MAC'KIE: I appreciate that too. I just -- one comment is, the general statement that the contract didn't embody the understanding of the board, I would think is a little too broad because there are a lot of parts of the contract that did adequately represent what were the intentions of the board, and I hope that there won't be any action taken to state what the board's intention was without allowing the entire board to have input into that. CHAIRMAN HANCOCK: That action is the record that was created at that meeting which is exactly what I'm basing my comments on. COMMISSIONER MAC'KIE: Well, that's perfect. I just -- as long as the record is what speaks for itself. From my recollection, there are problems with the contract, but I would not go so far as to say that the contract doesn't adequately represent what my intentions were on that day, and, in particular, that the record -- that the contract does allow us to inquire about all of the incoming revenue and outgoing expenses, and I think we have to have the right to know that. And I can articulate that and talk about a battering contract and why it's important in a battering contract to have all of that information. But I just want to be sure that -- I just need to say on the record that I think the contract, as written, gives us the right to inquire about both incoming and outgoing revenues and expenditures. CHAIRMAN HANCOCK: Well, it probably would have done us well if you had raised that concern at the time we approved the contract. COMMISSIONER MAC'KIE: No. I think the contract adequately did that. I don't have that concern. What I'm trying to say is, I do not have a concern about whether or not the contract is adequate on that point. It is adequate on that point and it does allow us to look at both income and expenditures. CHAIRMAN HANCOCK: Let me get this straight. Did you require that as an element of the contract for other not for profits? COMMISSIONER MAC'KIE: No. My -- CHAIRMAN HANCOCK: Okay. COMMISSIONER MAC'KIE: This contract -- and I'm not suggesting that there's supposed to be a reimbursement element to this contract. That's where I would agree with you that the contract is in error. CHAIRMAN HANCOCK: Isn't that the purpose of that element of the contract though? COMMISSIONER MAC'KIE: No. CHAIRMAN HANCOCK: Oh. COHHISSIONER HAC'KIE: In a battering contract -- okay. Just for recollection purposes, we could not, under the guidelines, we can't pay for -- we can't use TDC money to sponsor an event in season. And, as a way to allow us to sponsor this event that was in the high season, Mr. Rasmussen was able, through his contacts with ESPN and otherwise in the industry, to barter for us free something that's been valued at seven million dollars of exposure, that we got -- we got this seven million dollars worth of publicity for our $500,000 of sponsorship fee. And in order to see whether or not we got the benefit of the bargain, in a battering situation, we have to look at all of the incoming and outgoing costs in order to analyze the value of what we exchanged. There's -- I don't think we have a big argument here because I think that -- well, let me ask. Does anybody want us not to be able to get all financial information associated with the contract? CHAIRMAN HANCOCK: That's not -- COHMISSIONER NORRIS: I don't think there's any reason to get anything but pertinent financial information. And besides that, you're confusing the number. We paid $500,000 for coverage within the three days of the tournament, which total exposure was audited at 7.2 million dollars, or whatever it was. The 12,000 spots were thrown in as a bonus. CHAIRMAN HANCOCK: They were actually the tie-in to make it an off-season promotion. COHMISSIONER NORRIS: dollar audited exposure. COMMISSIONER MAC'KIE: COMMISSIONER NORRIS: COMMISSIONER MAC'KIE: But it was not part of the 7.2 million You're right. That was in addition. I did have my numbers wrong. But for my vote, my vote was that I could sponsor -- I could agree to the $500,000 expenditure even though it was sponsoring an event that gave us 7.2 million dollars worth of exposure in season. But the only reason I could do that was because of what you're characterizing as an extra, was for me an essential element of the decision, and that was that there would be promotion of off season golf packages, off season tourism. So I want to be able to look at everything relevant to the point of whether or not we got what we bargained for. And for me, that second piece is more important than the in season exposure. CHAIRMAN HANCOCK: But we got those. We have signed affidavits that all of those spots ran. COHMISSIONER HAC'KIE: And we need to be able to see what the income and out go related to those was. COHMISSIONER NORRIS: That's not true. CHAIRMAN HANCOCK: That's where you and I disagree. COHMISSIONER HAC'KIE: Well. CHAIRMAN HANCOCK: Because, to be honest, if I have a contract that says I'm going to give you $7.00 and you're going to give me two bushels of apples, and you give me my two bushels of apples, I don't care what you paid for them. I don't care where you got them. COHMISSIONER HAC'KIE: That is where we disagree. Because I do care, and I do think that, when you do get public money, it opens your contract. It opens things up to a higher level of scrutiny and that we should -- my position on this is that we should take -- our position should be that the contract affords us a great latitude to get whatever financial information our clerk, our chief financial officer, thinks is necessary or important. COHMISSIONER NORRIS: That's fine. COHMISSIONER HAC'KIE: And if someone says we're not entitled to information, let them go to a judge and prove we're not. COHMISSIONER NORRIS: I don't think anybody is saying that, but the point is, we paid for a certain amount of advertising. We got that advertising. It's documented that we got it. It's been audited what the value of that exposure was. But what you're saying is, well, what did that result in? Well, that's immaterial. I mean, it's totally immaterial what it resulted in. We got the advertising that we paid for. If the advertising is not effective, so what? COHMISSIONER HAC'KIE: We disagree. CHAIRMAN HANCOCK: Rather than reliving -- COHMISSIONER BERRY: If anybody should evaluate whether it was effective or not, I would think it would be probably the chamber and the hoteliers and the EDC and whoever all was involved in all of that. They are the ones to determine whether it was effective or not. CHAIRMAN HANCOCK: They did evaluate it and that's why -- COHMISSIONER BERRY: Exactly. CHAIRMAN HANCOCK: And that's why the second year was done differently than the first year. COHMISSIONER BERRY: That's right. CHAIRMAN HANCOCK: So that is a recommendation from industry people that know more than we do, and again, you know -- COHMISSIONER HAC'KIE: Let me be -- CHAIRMAN HANCOCK: I'll tell you what. Why don't -- you know, I'm going to -- I have reviewed the record from the meeting in which we approved this, okay? I have done it not just once but several times in an attempt to understand the board's intent. Now, I don't know what you were thinking unless you said it. I don't know what you wanted in the contract unless you required it. And if you want to take a look back at something and say, "Gee, I wish we'd done this," or, "I meant to do that," that's fine. COHMISSIONER HAC'KIE: I'm saying that what's in the contract -- CHAIRMAN HANCOCK: Please let me finish. That's fine. But I met with the clerk. The clerk and I agree that the problem rests in the contract. We're going to try and deal with that. Now, when it comes back to this board, if you wish to object to us resolving that matter to the clerk's satisfaction and to my satisfaction, then you certainly have that right. But don't prejudge it before it gets here. COHMISSIONER HAC'KIE: And my question is simply, there's some discussion about taking this matter to a judge to ask a judge to interpret the contract. And my opinion is that the contract is sufficient as written to adequately allow the clerk to get the information that he needs. CHAIRMAN HANCOCK: Then you differ with the clerk. COHMISSIONER HAC'KIE: I know. And I would like to make that record. I was hoping I could persuade you that that -- to agree with me instead of the clerk, that the contract is sufficient to allow the clerk to get any information he thinks he may need. CHAIRMAN HANCOCK: I appreciate that, but I'll work with the county attorney and the clerk in trying to resolve the matters that they are forced to deal with. COHMISSIONER NORRIS: The clerk thinks he can get all the information he needs but you don't? COHMISSIONER HAC'KIE: No. Just the opposite. Isn't that what you said, Mr. Hancock, the clerk thinks that the contract may need interpretation to determine whether or not he can get adequate information? CHAIRMAN HANCOCK: Well, that's not what I said. That is not what I said. COMHISSIONER MAC'KIE: Okay. CHAIRMAN HANCOCK: It will come back in some form and we can debate it then. Ms. Filson, anything else? We are adjourned. ***** Commissioner Constantine moved, seconded by Commissioner Berry, and carried unanimously, that the following items be approved and/or adopted under the Consent Agenda Item #16A1 - Moved from Item #8A3 WAIVER OF THE RIGHT-OF-WAY PERMIT FEE TO THE WISHING WELL FOUNDATION Item #16A2 - Moved from Item #8A4 WAIVER OF THE RIGHT-OF-WAY PERIT FEE FOR RED RIBBON MARCHES Item #16B1 CHANGE ORDER (NO. 2) FOR MARCO ISLAND LIBRARY EXPANSION, CONTRACT 97-2643 PROJECT 80254 - IN THE A_MOUNT OF $58,321.00 Item #1682 - Moved to Item #882 Item #1683 CONTRACT FOR BID NO. 97-2695, IN THE AMOUNT OF $706,350.80, TO TURNER TREE AND LANDSCAPE FOR LANDSCAPE AND IRRIGATION IMPROVEMENTS FOR SUGDEN PARK, PROJECT NO. 80081 Item #1684 - This item has been deleted Item #1685 - Moved to Item #883 Item #1686 APPLICATION FOR FEDERAL COASTAL ZONE MANAGEMENT ACT FUNDS Item #16C1 AGREEHENT WITH THE COUNTY CHILD ADVOCACY COUNCIL WORKING THROUGH THE CHILD PROTECTION TEAM TO PAY FOR THE INITIAL MEDICAL EXAMINATION COSTS OF CHILDREN WHO ARE THE SUBJECT OF ALLEGED PHYSICAL OR SEXUAL ABUSE Item #16C2 BID #97-2714, A TEE SHIRT CONTRACT FOR PARKS AND RECREATION PROGRAMS, TO TEE SHIRT EXPRESS OF NAPLES, FLORIDA Item #16C3 - This item has been deleted Item #16C4 AMEND CHAPTER 89-449, OF THE LAWS OF FLORIDA, TO AUTHORIZE ACTIVITIES SUCH AS BONFIRES Item #16C5 - Continued to 10/21/97 ADOPT THE SUGDEN REGIONAL PARK SPECIAL EVENT USAGE POLICY Item #16D1 CREATE AN ORDINANCE REGULATING THE PLACEMENT AND USE OF PUBLIC AUTOMATED EXTERNAL DEFIBRILLATOR Item #16D2 RESOLUTION 97-380 APPROVING THE SATISFACTION OF LIENS FOR CERTAIN RESIDENTIAL ACCOUNTS WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND SAID LIENS ARE SATISFIED IN FULL FOR THE 1994 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS Item #16D3 RESOLUTION 97-381 APPROVING THE SATISFACTION OF LIENS FOR CERTAIN RESIDENTIAL ACCOUNTS WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND SAID LIENS ARE SATISFIED IN FULL FOR THE 1992 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS Item #16D4 RESOLUTION 97-382 APPROVING THE SATISFACTION OF LIENS FOR CERTAIN RESIDENTIAL ACCOUNTS WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND SAID LIENS ARE SATISFIED IN FULL FOR THE 1993 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS Item #16D5 RESOLUTION 97-383 APPROVING THE SATISFACTION OF LIENS FOR CERTAIN RESIDENTIAL ACCOUNTS WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND SAID LIENS ARE SATISFIED IN FULL FOR THE 1993 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS Item #16D6 RESOLUTION 97-384 APPROVING THE SATISFACTION OF LIENS FOR CERTAIN RESIDENTIAL ACCOUNTS WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND SAID LIENS ARE SATISFIED IN FULL FOR THE 1994 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS Item #16D7 RESOLUTION 97-385 APPROVING THE SATISFACTION OF LIENS FOR CERTAIN RESIDENTIAL ACCOUNTS WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND SAID LIENS ARE SATISFIED IN FULL FOR THE 1991 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS Item #16D8 RESOLUTION 97-386 APPROVING THE SATISFACTION OF LIENS FOR CERTAIN RESIDENTIAL ACCOUNTS WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND SAID LIENS ARE SATISFIED IN FULL FOR THE 1994 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS Item #16D9 SATISFACTION OF LIEN DOCUHENTS FILED AGAINST REAL PROPERTY FOR ABATEMENT OF NUISANCE AND DIRECT THE CLERK OF COURTS TO RECORD SAME IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA Item #16D10 SATISFACTION OF LIEN DOCUHENTS FILED AGAINST REAL PROPERTY FOR ABATEMENT OF NUISANCE AND DIRECT THE CLERK OF COURTS TO RECORD SAME IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA Item #16Dll BUDGET AMENDMENT TO APPROPRIATE THE MAINTENANCE SERVICES REVENUES THAT ARE IN EXCESS OF THEIR BUDGET Item #16D12 AGREEMENT WITH THE BIG CORKSCREW ISLAND FIRE AND RESCUE DISTRICT WHICH PROVIDES FOR A HAXIHUH EXPENDITURE OF $28,448.89 FROM THE GAC LAND TRUST Item #16D13 AWARD BID #97-2720 TO YOUNG PEST CONTROL, INC. FOR PEST CONTROL SERVICES AT SELECTED GOVERNMENT FACILITIES Item #16D14 RESOLUTION 97-387, CWS-97-6, HWS-97-3 AND GWD-97-3 AUTHORIZING THE BOARD OF COUNTY COHMISSIONERS AS THE GOVERNING BODY OF COLLIER COUNTY, FLORIDA AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, THE GOODLAND WATER DISTRICT, AND THE MARCO WATER AND SEWER DISTRICT APPROVING THE SPECIAL ASSESSMENT HARDSHIP DEFERRALS FOR CERTAIN SEWER SPECIAL ASSESSMENTS FOR THE 1997 TAX YEAR Item #16D15 SECURE THE SERVICES OF E. B. SIHMONDS ELECTRICAL, INC., IN THE AMOUNT OF $21,045.00, FOR EMERGENCY REPAIRS TO THE UNDERGROUND ELECTRICAL CABLE ON THE MAIN GOVERNMENT COMPLEX Item #16El BUDGET AMENDMENT NOS. 97-470, 97-473, 97-474, 97-475, 98-001 AND 98-002 Item #16G1 SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER Item #1662 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 BOARD OF COUNTY COHMISSIONERS TO SERVE AS THE LOCAL COORDINATING UNIT OF GOVERNMENT AND ENDORSE THE COLLIER COUNTY SHERIFF'S OFFICE DEPARTMENT OF TRANSPORTATION GRANT APPLICATION TO SUPPORT THE SHERIFF'S OFFICE D.U.I. ENFORCEMENT PROJECT Item #16J1 BUDGET AMENDMENT INCREASING CARRY FORWARD AND THE APPROPRIATION FOR DEBT SERVICE Item #16J2 BUDGET AMENDMENTS INCREASING RESERVE FOR DEBT SERVICE, GRANT REVENUE AND LOAN PROCEEDS Item #16J3 BUDGET AMENDMENTS INCREASING CARRY FORWARD AND RESERVES FOR DEBT SERVICE AND RESERVES FOR CONTINGENCIES There being no further business for the good of the County, the meeting was adjourned at 11:50 a.m. BOARD OF COUNTY COHMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL ATTEST: DWIGHT E. BROCK, CLERK TIMOTHY L. HANCOCK, CHAIRMAN These minutes approved by the Board on as presented or as corrected TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICE BY: ELIZABETH H. BROOKS, RPR