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BCC Minutes 09/01/1998 R REGULAR MEETING OF THE BOARD OF COUNTY COHMISSIONERS Naples, Florida, September 1, 1998 LET IT BE REHEHBERED, that the Board of County Commissioners, in and for the County of Collier, and also acting as the Board of Zoning Appeals and as the governing board(s) of such special districts as have been created according to law and having conducted business herein, met on this date at 9:05 a.m. in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRPERSON: Barbara B. Berry Pamela S. Hac'Kie John C. Norris Timothy J. Constantine Timothy L. Hancock ALSO PRESENT: Robert Fernandez, County Administrator David Weigel, County Attorney Item #3 AGENDA, CONSENT AGENDAAND SUMMARY AGENDA - APPROVED AND/OR ADOPTED WITH CHANGES CHAIRPERSON BERRY: Good morning. I'd like to welcome you to the September 1st meeting of the Collier County Board of Commissioners. This morning we're pleased to have with us Reverend James Honig of Grace Lutheran Church for invocation. If you please rise and remain standing then for the Pledge of Allegiance. REVEREND HONIG: Almighty God, most gracious Heavenly Father, on this election day we are most grateful for the privilege of participatory government. Today elected leaders and concerned citizens from our community gather in this place to conduct the affairs of this place. Grant your blessing to these proceedings. Give an overflowing measure of wisdom and discernment. Make us mindful of the needs of others above our own needs, especially those whose needs are great. Give us a heart for justice and preserve us from the disintegrating effects of greed and deception. In your great name we pray, Amen. (Pledge of Allegiance was recited in unison.) CHAIRPERSON BERRY: Thank you, Pastor Honig. Pastor Honig brought out a good point this morning. I hope if you have not yet cast your vote and you are eligible to vote in Collier County, that you will by all means do so. You have from now until 7:00 tonight to go to your favorite polling place and cast your vote. COHMISSIONER HANCOCK: I'll refrain from making any suggestions. CHAIRPERSON BERRY: And we won't ask. Mr. Fernandez, do we have any changes to our agenda, please? MR. FERNANDEZ: We do, Madam Chairman. First is to add item 16(A) 27. This is a request to approve for recording the final plat of Villa Vistana and approval of the performance security. This is the developer's request. Also to move item 16(B)10 to 8(B)(2). This is to approve an assignment and assumption agreement between Collier County and the South Florida Water Management District pursuant to the terms and conditions contained in the previous cooperative agreement. Commissioner Constantine's request. Also, I need to note for the record that the reference to the Heli property for item 16(B)4 was inaccurate. That should not have been referenced as the Heli property. The Heli property item is 16 -- let me get that correct. It's 16(B)4. We had -- we had mentioned 16(B)10 was the Heli property. It is in fact 16(B)4. COHMISSIONER CONSTANTINE: 16(B)10 is not the Heli property. MR. FERNANDEZ: Right. COHMISSIONER CONSTANTINE: Okay. I have two things as far as your correction just went. One, 16(B)10 then we could leave be. MR. FERNANDEZ: Yes. COHMISSIONER CONSTANTINE: 16(B)4, and my goal in trying to move that item was the Heli property. I've got a call from South Florida Water Management District on this, and there might be a couple of changes. I'm going to ask if the board would just continue that for a couple of weeks, and I'm going to talk with them later in the week when I meet with the district later in the week on that item. COHHISSIONER HAC'KIE: I'm anxious to hear from the district on that, too, so -- COHMISSIONER HANCOCK: So item -- the item being moved to 8(B)(2) is now going to be continued? COHMISSIONER CONSTANTINE: Actually, the item that's listed as being moved was mismarked as the Heli property. COHMISSIONER HANCOCK: Okay. COHMISSIONER CONSTANTINE: So that can stay -- COHMISSIONER HANCOCK: So that stays. COHMISSIONER CONSTANTINE: -- as the consent agenda item. 16(B)4, I'm going to ask if we can continue that. I realize that's out of order, but it's -- MR. FERNANDEZ: I apologize for the confusion, Madam Chairman. CHAIRPERSON BERRY: Okay. So nothing, we don't have an item then at 8 (B) (2) ? COHMISSIONER CONSTANTINE: Correct. CHAIRPERSON BERRY: Just scratch that item? Okay. MR. FERNANDEZ: That's correct. CHAIRPERSON BERRY: Got it. MR. FERNANDEZ: And the request is to continue item 16(B)4. COHMISSIONER CONSTANTINE: Correct. CHAIRPERSON BERRY: Okay. Any other changes, Mr. Fernandez? MR. FERNANDEZ: No other changes, Madam Chairman. CHAIRPERSON BERRY: Commissioner Hac'Kie? COHMISSIONER HAC'KIE: No, ma'am. CHAIRPERSON BERRY: Commissioner Norris? COHMISSIONER NORRIS: No changes. CHAIRPERSON BERRY: Commissioner Constantine? COHMISSIONER CONSTANTINE: No other changes. CHAIRPERSON BERRY: Commissioner Hancock? COMMISSIONER HANCOCK: No, ma'am. CHAIRPERSON BERRY: And nor do I. COMMISSIONER CONSTANTINE: Madam Chairman, I'll move the approval of the consent agenda, summary agenda and regular agenda -- COMMISSIONER HANCOCK: Second. COMMISSIONER CONSTANTINE: -- as amended. CHAIRPERSON BERRY: Okay, we have a motion and a second. All in favor? Opposed? (No response.) CHAIRPERSON BERRY: Motion carries five-zero. Item #4A&B MINUTES OF REGULAR MEETINGS OF JULY 28 AND AUGUST 4, 1998 - APPROVED AS PRESENTED COHHISSIONER HANCOCK: Madam Chair, I'd like to move approval of the minutes of the July 28 regular meeting and the August 4th regular meeting, both of 1998. COHMISSIONER CONSTANTINE: I'll second that. CHAIRPERSON BERRY: We have a motion and a second. All in favor? Opposed? (No response.) CHAIRPERSON BERRY: Motion carries five-zero. Item #5A1 PROCLAMATION DESIGNATING THE HONTH OF SEPTEHBER, 1998, AS CHILDHOOD CANCER AND BLOOK DISORDER AWARENESS MONTH - ADOPTED Moving on then to the nice part of our agenda. We have a proclamation this morning. Commissioner Constantine? COHMISSIONER CONSTANTINE: They're all nice parts. I believe we have Mike and Nancy Constantine here. If we could ask them to come up. Editorial note, I say "tine," they say "teen." COHMISSIONER HAC'KIE: The annual editorial. COHMISSIONER CONSTANTINE: I don't want to confuse anyone. CHAIRPERSON BERRY: Obviously no relation. COHMISSIONER HANCOCK: Ten minutes into the meeting, you're breaking into Gershwin. COHMISSIONER CONSTANTINE: Distant cousin. COHMISSIONER HAC'KIE: I got that, Hancock. COHMISSIONER HANCOCK: Few did. COHMISSIONER CONSTANTINE: And I'll read the following proclamation: WHEREAS, Florida's greatest resource and most cherished treasures are indeed our youth, who truly have so much to offer. Included in this population are those children with special needs, who suffer from childhood cancer and blood-related disease; and WHEREAS, while the research and treatment of today has extended the lives and made a positive impact upon the life experiences of many of these children, and while the number of long-term survivors is steadily increasing, it is essential that we work together as a people and as a state to ensure that this trend continues on the upscale; and WHEREAS, dedicated organizations like the Candlelighters of Southwest Florida remain deeply committed to expanding the resources and education available to families whose children have cancer or blood-related disease; and WHEREAS, Florida, proud home to some of the finest medical institutions in the world, whose professional staff are presently at the forefront in cancer research and other advances, is pleased to join in recognizing and applauding the valuable role which families of childhood cancer and blood disorder patients play in helping our medical community to reach great heights in the name of caring. NOW THEREFORE, be it proclaimed by the Board of County Commissioners, Collier County, Florida, that the month of September, 1998 be designated as childhood cancer and blood disorder awareness month. Done and ordered this 1st day of September, 1998, BCC, Barbara B. Berry, Chairman. Madam Chairman, I'd like to move approval of this proclamation. COMHISSIONER NORRIS: Second. CHAIRPERSON BERRY: We have a motion and a second. All in favor? Opposed? (No response.) CHAIRPERSON BERRY: Motion carries five-zero. (Applause.) MIKE CONSTANTINE: Again this year, I'd just like to thank the board and the residents of Collier County for presenting that to Candlelighters. There's many charities that work with kids with cancer, and they couldn't continue the mission without the support of the residents. And as far as Candlelighters goes, September is a big month. They have an educational forum which will be this Wednesday, and also the charity golf tournament. And just would welcome anybody that's interested to attend that, and leave some brochures out on the -- COMHISSIONER CONSTANTINE: Charity golf tournament is when and where? MIKE CONSTANTINE: September 12th at Bonita Bay, 9:00 p.m. -- 9:00 a.m. COHHISSIONER HAC'KIE: Night golf. COHMISSIONER HANCOCK: I'd probably score better at 9:00 p.m., though. HIKE CONSTANTINE: Start -- it will be a net scramble with handicaps. And then the forum is -- it's an educational thing. Nurses, doctors will be there speaking, as well as family members and a long-term survivor. And it's really worthwhile, if anyone's interested. It provides a lot of great information. And again, thanks for everything, because without you, these organizations wouldn't be able to make it. CHAIRPERSON BERRY: Thank you. (Applause.) Item #5A2 PROCLAMATION DESIGNATING SEPTEMBER 23, 1998 AS COLLIER COUNTY WALK OUR CHILDREN TO SCHOOL DAY - ADOPTED CHAIRPERSON BERRY: Our next proclamation, Commissioner Hancock. COHMISSIONER HANCOCK: Yes, it's my pleasure this morning to read a proclamation declaring September 23rd as Collier County Walk Our Children to School Day, and we have Mr. Jeremy Battis, our bicycle and pedestrian coordinator here of the HPO to accept this proclamation. Proclamation reads as follows: WHEREAS, Florida has been shown to be the state that could most benefit from improvements to the walking environment, with children identified as the biggest benefactors of improved safety conditions; and WHEREAS, the Board of County Commissioners is committed to the safe travel of children to and from school; and WHEREAS, Collier County has been active in efforts to increase opportunities for walking as an activity and mode of travel through its alliance with the HPO Bicycle and Pedestrian Program; and WHEREAS, walking to school promotes child development, teaches independence, and improves local traffic and air quality; and WHEREAS, escorting a child to school hand-in-hand is a pursuit in keeping with quality time and family values. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida, the day of September 23rd, 1998 be designated as Collier County Walk Our Children to School Day. Done and ordered this 1st day of September, 1998, Barbara Berry, Chairman. I'd like to move acceptance of this proclamation. COMMISSIONER MAC'KIE: Second. CHAIRPERSON BERRY: We have a motion and a second. All in favor? Opposed? (No response.) CHAIRPERSON BERRY: Motion carries five-zero. (Applause.) CHAIRPERSON BERRY: Commissioner Norris, I believe you have some -- did you like to say something? MR. BATTIS: Just one thing. CHAIRPERSON BERRY: Good. MR. BATTIS: I just wanted to thank you all for your support on this issue. It's an important one and we're very proud to be bringing this to Collier County, the MPO and the Bicycle Pedestrian Program. It's an issue to highlight traffic safety awareness and a consideration toward building some neighborhood schools and just family values like we talked about in the proclamation. I wanted to let everybody know that as of last week, we were the only community, to our knowledge and to the organizers of the event's knowledge, to have this event in Florida, so we're very proud of that fact. COMMISSIONER NORRIS: Good. CHAIRPERSON BERRY: Thank you. COMMISSIONER HANCOCK: Also, if I may, on September 23rd, there will be -- and Commissioner Mac'Kie, I don't know if you'll be participating because you have school age kids, but we'll be doing kind of a walking school bus in different communities, where parents and kids all get together and walk to school at the same time. And it's really kind of an interactive thing. We did it a year ago in Victoria Park. So it will be another way of kind of celebrating this day and getting, you know, children and parents to spend some time together in the morning getting their kids safely to school. COMMISSIONER MAC'KIE: I'm really lucky, my kids' school is in the backyard, so we walk every day. COMMISSIONER HANCOCK: Throw them over the fence and say see you. COMMISSIONER MAC'KIE: Go. CHAIRPERSON BERRY: Thank you, Jeremy. (Applause.) CHAIRPERSON BERRY: Commissioner Norris? Item #5B EHPLOYEE SERVICE AWARDS - PRESENTED COHMISSIONER NORRIS: Thank you, Hadam Chair. We have some service awards today. Our first one goes to Stephen Lenberger from planning for five years. (Applause.) COHMISSIONER NORRIS: Next one is David Sirenord from road and bridge. (Applause.) COHMISSIONER NORRIS: Next is David Zafra from landscape operations. (Applause.) COHMISSIONER NORRIS: And Denise Metcalf from building review for five years. Is Denise here this morning? COHMISSIONER HAC'KIE: Reviewing buildings. COHMISSIONER HANCOCK: Reviewing buildings. COHMISSIONER NORRIS: Okay, she's reviewing some buildings somewhere, so we'll save this for her 'til later. CHAIRPERSON BERRY: Thank you. Item #5C1 JOAN MAYER, SOLID WASTE DEPARTHENT, PUBLIC WORKS DIVISION, RECOGNIZED AS EMPLOYEE OF THE MONTH FOR AUGUST, 1998 If we could have Joan Mayer, I believe? Joan? Is that correct? Mayer? Okay, I knew, it's going to be one way or the other and I'll do it wrong. If you'd turn around, please, and face the camera, we're going to talk about Joan this morning. She is our employee of the month for the month of August. And so we're going to read a few things of your accomplishments and things that you've done for Collier County. Joan became employed with the county in 1994, at which time she was the assistant recycling coordinator for the solid waste department. By May of 1997, Joan became the recycling coordinator. Through her efforts -- energetic efforts, the county government in-house recycling program began, and all the office paper, aluminum cans and cardboard generated in the government office -- and I can attest to the fact that there's a lot -- that was previously put in the trash is now recycled. Removal of these items from the trash is resulting in lower disposal costs for the county. One of the most outstanding programs that Joan conducts is her work with the school system. Each year Joan provides approximately 500 hours of time to the public schools to promote solid waste management and recycling programs. From October to April, Joan conducts weekly landfill tours and field studies for approximately 1,500 fifth grade students. That in itself is unbelievable if you know fifth grade students. Teachers are provided with curriculum to use to prepare the students for the tour, and the students receive special program guides. Joan also participates in career development days, science fairs and Know Your County Government Teen Citizenship Program for high school students. On February 5th, 1998, Joan received the Florida School to Work Zone award from the Collier County School Board. Aside from her numerous recycling presentations for civic groups, Joan has participated in the Florida Coastal Cleanup Program, Earth Day events, and Senior Expose. Joan also participated in the Everglades National Park 50th Anniversary Celebration in December, at which time she received a certificate of appreciation from Richard G. Ring, superintendent of the National Park Service. From facilitating a cleanup project for the southern Golden Gate Estates area to enlisting the aid of many student volunteers to do cleanups on barrier island campsites, Joan's enthusiasm, energy, and extra efforts make her a great candidate for employee of the month. And Joan, we want to congratulate you, present you with a plaque, which you may display, and least -- last but not least, and probably most importantly, here is a check as well. (Applause.) Item #5C2 PRESENTATION OF PHOENIX AWARDS TO RECOGNIZE EMS PARAMEDICS WHO, THROUGH THEIR SKILLS AND KNOWLEDGE, HAVE SUCCESSFULLY REVIVED AN INDIVIDUAL CHAIRPERSON BERRY: Now moving on to Commissioner Mac'Kie with the Phoenix awards. COHMISSIONER CONSTANTINE: You know, we must be saving more and more lives, because it seems like we're doing this more and more often. COMMISSIONER MAC'KIE: Wow. COMMISSIONER CONSTANTINE: And I like that. COMMISSIONER MAC'KIE: This is absolutely my very favorite thing of the year is when we have these Phoenix awards. Immediate activation of the 9-1-1 system bystander CPR, and assuring a world-class EMS system significantly increases a community member's chances of survival from sudden death. On April 15th, 1998, Mrs. Faye Merritt suffered sudden death. Mrs. Merritt's heart suddenly stopped beating while on a boat ride aboard the upper deck of the Nautilus. Fortunately, boat captain Jay Stemen responded to her husband's cries for help and immediately began CPR. Approximately 15 minutes later the boat reached the dock, and EMS department paramedics Lieutenant Michael Sullivan and paramedic Diana Schwinn initiated life support procedures. After several minutes of aggressive advanced medical intervention, Mrs. Merritt's heart returned to a normal cardiac rhythm. She was further stabilized with additional cardiac medications and transported to Naples Community Hospital. Mrs. Merritt was released from the hospital seven days later and is here today to present awards to the bystander and to the EMS department paramedics who saved her life. Mrs. Merritt, would you please come forward. (Applause.) MS. MERRITT: If there's anyone in this room who does not know CPR, I beg you to please take that time to learn. If it hadn't been for CPR, as they told you, I would not be here today. I have four guardian angels, and believe me, I -- there's not a day go by I don't thank the Lord for them and for all the prayers and the people pulling for me. I -- as I said -- as they told you, we were out on the boat. I'd been begging my husband for three months to take me out on that boat, and I finally got the chance and then I have the cardiac arrest. But anyway, at this time, I would like to present Jay Stemen, who is the captain of the boat, to please come forward and richly reward (sic.) this plaque. (Applause.) MS. MERRITT: And paramedic Diane Schwinn. (Applause.) MS. MERRITT: And Lieutenant Mike Sullivan. (Applause.) COMMISSIONER MAC'KIE: In addition to that particular award, there are others, and I'd like them to come forward. Thanks, John. First, flight medic Ricky Garcia receives a Phoenix award today. (Applause.) COMMISSIONER MAC'KIE: Lieutenant Erin Percival. Not here? COMMISSIONER NORRIS: This is going really -- COMMISSIONER MAC'KIE: Yeah, it's going really quickly. Lieutenant Henrietta Eimers. COMMISSIONER HANCOCK: We have the right month? MS. FLAGG: Commissioner Mac'Kie, some of them are emergency calls, so they weren't able to attend. COMMISSIONER HANCOCK: That's a good thing. COMMISSIONER MAC'KIE: Saving lives. This is EMT Kelly Kocienda. (Applause.) COMMISSIONER MAC'KIE: All right. And I might point out, she's receiving two Phoenix awards this morning. (Applause.) COMMISSIONER MAC'KIE: Paramedic John Plummet. Also saving lives. Lieutenant Sam Poole. (Applause.) COMMISSIONER MAC'KIE: Lieutenant Larry Oakum. (Applause. COMMISSIONER MAC'KIE: Paramedic Troy Mesick. (Applause. COMMISSIONER MAC'KIE: Lieutenant Kevin Bolinger. (Applause. COMMISSIONER MAC'KIE: Paramedic Rich Meyer. (Applause. COMMISSIONER MAC'KIE: EMT Pep Saldana. (Applause. COMMISSIONER MAC'KIE: Lieutenant Michael Sullivan. (Applause. COMMISSIONER MAC'KIE: Lieutenant Ramon Chao. (Applause. COMMISSIONER MAC'KIE: This one is noteworthy. This is flight medic Frank Millot's eleventh Phoenix award. (Applause.) COMMISSIONER MAC'KIE: That's quite a way to make a living, sir. Thank you. Paramedic Dennis Goodlad. (Applause.) COMMISSIONER MAC'KIE: Captain Denise Clarke. (Applause.) COMMISSIONER MAC'KIE: Captain Sue LaMay. (Applause.) COHHISSIONER HAC'KIE: Paramedic Patricia Schilling. Paramedic Dean Colson. (Applause.) COHMISSIONER HAC'KIE: Lieutenant Harty Ginter. (Applause ) COHMISSIONER HAC'KIE: And these next ones are particularly noteworthy, because these are certificates awarded to firefighters from the City of Naples, the City of Marco and the Isles of Capri. They received these awards as part of their participation in the single emergency vehicle response program. Firefighter Adam Nadelman. Chief Emilio Rodriguez. (Applause.) COMMISSIONER MAC'KIE: Thank you so much. Firefighter Doug Ilardo. (Applause.) COMMISSIONER MAC'KIE: And firefighter Tim Warner. (Applause.) COMMISSIONER MAC'KIE: Kind of puts in perspective what the rest of us do for a living, guys. Thank you so much. (Applause.) COMMISSIONER HANCOCK: I won't embarrass them, but there's one person that received an award this morning that left a job as a stockbroker to become a paramedic. And a very worthwhile transition. CHAIRPERSON BERRY: Considering what the market did yesterday, that perhaps might be -- COMMISSIONER HANCOCK: Well, until yesterday, that -- CHAIRPERSON BERRY: -- an appropriate choice. COMMISSIONER MAC'KIE: We need a little CPR in the market. MR. FERNANDEZ: Madam Chair, it's 9:30. Item #10E PRESENTATION BY COL. JOE R. MILLER AND ROBERT DUANE, AICP, BOTH MEMBERS OF THE GOVERNOR'S COMMISSION FOR A SUSTAINABLE SOUTH FLORIDA, ON THE CENTRAL AND SOUTHERN FLORIDA PROJECT - STAFF DIRECTED TO BRING A RESOLUTION BACK IN TWO WEEKS CHAIRPERSON BERRY: Yeah. At this time, we have a time certain item that was placed on the agenda, and so we will go to that item. If I could have Robert Duane come up, please. COMMISSIONER CONSTANTINE: What is the item? CHAIRPERSON BERRY: The item is located on page -- COMMISSIONER HANCOCK: 10(E). MR. FERNANDEZ: Item 10(E). CHAIRPERSON BERRY: -- on our agenda it's 10(E). This has to do with the Governor's Commission for a Sustainable South Florida on the central and southern Florida project. Mr. Duane? COMMISSIONER HANCOCK: Affectionately called C&SF. MR. DUANE: Good morning, members of the commission. For the record, Robert Duane. Most of you know me as soft spoken. I'm -- try to avoid making speeches, and I'm going to try not to make one this morning, but I did want to introduce the colonel this morning and his team to address what I think is a very important issue for our region. By way of background, I've been privileged to serve for two terms on the Southwest Florida Regional Planning Council, having been appointed by Governor Lawton Chiles, and last year he decided to add some representation from the Regional Planning Council onto the Governor's Commission for Sustainable Florida. When I took this job on, I wasn't sure what I was getting into, and I spent two or three months over the last two years attending meetings, and hopefully the community I live in and work in has got some benefit from the time that I've spent. My background is in land development and regional planning. I have strong opinions about private property rights. I believe they need to be fully respected. I'm not an environmentalist, per se. I believe and understand the importance of environmentalists for our region. I just give you that by way of background. I went into this process without a preconceived notion or an agenda. I've learned a lot and I've come to understand that these issues are very complex. I've gleaned maybe a thimbleful of knowledge out of a bucket. And these are big issues that no one person, I've come to understand, can fully understand the complexity of them. They take literally a team of people with expertise across a number of areas, and that's one of the most important things I've learned. The restudy that the Corps is going to discuss with you this morning is perhaps one of the most important water resource issues that's going to affect our region in the foreseeable future, there's no question about that. The only problem I see with the restudy process is that it's principally directed towards southeast and central Florida; the exception being that there is some focus on the restudy for the Caloosahatchee basin, which is very important to our region because the timing and the releases from the lake affect our water supply, the quality of water that ultimately ends into our estuaries, and I don't -- these issues are inexplicably linked to the quality of life, as well as to our economic well-being in this community. Because the focus of the restudy doesn't really address, I think, some of the water -- long-term water source resource issues, whether it be water quality or water quantity, you are going to hear this morning of a proposal to have the water management district and the Army Corps of Engineers conduct a feasibility study, provided this study is funded in 1999 by congress in their WRDA legislation, which will fund ostensibly the restudy over the next 20-year period. And I'm here to ask you this morning to support in concept -- if not this morning, at such time as you're comfortable -- the notion of a feasibility study for our region to try to pick up some of the gaps that I think have not been fully addressed, and the great amount of attention that's been focused on central and southeast Florida. That recommendation I might -- that I'm asking you to consider today was unanimously supported by our Regional Planning Council and also by the Southwest Florida issues group, which is an offshoot of the commission that entails the -- that contains elected as well as some appointed officials throughout our region. And I hope that you will consider that this morning. I think that the time is right. The need is there. I think there's some legitimate opportunities that we need to address over the next few years, and I would strongly encourage this commission, when the draft of the restudy comes out in October, that you make that one of the issues that your new environmental board, however it's constituted, will focus on. I think we need to gather as much public input from various sectors of our community, not just the environmental community. We need to have the economic community, the business community. It needs to be a balanced approach. I'd like to think that the commission, the way that it's constituted today, is tried through a consensus and through a broad milieu of people that have worked towards those goals, and I hope that we listen very carefully to what the colonel says this morning. And I wish you good luck in addressing this issue. And if I can be of any service to you on the remaining few months that the commission is going to be alive, I'm there to try to represent Collier County and Southwest Florida, and I'd be happy to do so. And thank you for allowing me to take a few minutes this morning to introduce the colonel and his team this morning. Colonel Miller, thank you for being here today. Thank you. CHAIRPERSON BERRY: Thank you. COMMISSIONER MAC'KIE: I'll just, while he's coming up, add that you guys know that I serve on this commission by appointment of the governor. It's not -- this is not the one where I serve as the county commission's -- as your representative. You know, you didn't appoint me, the governor appointed me to this commission. But as Bob said, it's shocking to me to find out how much information there is out there that affects southwest Florida. And it's -- and it's no mistake that this study -- if you don't mind me saying, Colonel Miller, it's no mistake that the study's called the central and south Florida, because what I learned, very simply stated is -- forgive me for being so blunt, but you know that I am that way, Colonel Miller -- that when the Corps came down to south Florida years ago and did their study that resulted in a lot of the problems that we have, that was the central and south Florida study. Now the Corps is here to try to remedy some of the problems that resulted from that, and they're doing the restudy of central and south Florida. As we from southwest Florida who are involved in this process observed it, it became clear that to ask congress to fund a restudy of southwest Florida was really a faulty premise, because from the Caloosahatchee south, there has been no federal study. And so we're asking -- it's critical, frankly, for our part of south Florida to be included in the study that now is termed a restudy, but for our part of the state would -- CHAIRPERSON BERRY: The first time. COMMISSIONER MAC'KIE: -- actually be the first time. And this is all about how the Everglades is going to continue to function. So Colonel Miller. COLONEL MILLER: Good morning, and thank you for the opportunity, commissioners, to address you again. It seems like only a brief few days since we last met. I believe it was in the early part of this year. And much has been done since that time. I would like to update you on the central and south Florida comprehensive plan known as the restudy, talk to you about our feasibility study, and then give you an update of where we are on the south Florida EIS, if we have time permitting. Before I get started, though, I'd like to introduce my staff. To my right is Stu Appelbaum, my project manager for the restudy itself. Mr. Lloyd Pike, to my rear, who's my counsel. Dr. John Hall, who is my chief of regulatory branch or division there in the district. And Ms. Nanciann Regalado. I'd also like to acknowledge my partners in this, and that would be Mr. Chip Merriam and Mr. Clarence Tears from the south Florida water management district, who are significant partners in this effort for the restudy itself. Shown here is a -- is a map of south Florida and the original C&SF project. It's a little bit hard for some of you to read or to see. But that's a feature that covers about 18,000 square miles, has 150 water control structures, 16 major pump stations, and encompasses about 16 counties in south Florida. It goes from Orlando all the way to Florida Bay, in The Keys. From the Caloosahatchee to the St. Lucie estuaries, and routes about 1.7 million gallons of water per day to tide. This is a project that's about 50 years old, and is in dire need of upgrade. Next slide. The original purpose of the central and south Florida project, as many of you are aware, was flood control, water conservation and control, water supply, prevention of salt water intrusion, preservation of fish and wildlife resources, and providing a water supply to what was then the -- a brand new Everglades National Park. Next slide. Now, the implementation of this project led to several impacts. Some intended, such as flood control, and some unintended, which was the impact it had on the long-term on the ecosystem. The agriculture meeting urban development here was one of the those significant impacts. The project did allow for extensive urban and agriculture development in south Florida, but it did lead to, and the negative impact was, the loss of 50 percent of the spatial extent of the Everglades. Next slide. Shown here is the S-9 structure. We were highly effective in flood control project. We can send to tide lots of water. And as many of you are well aware from this past winter, when we had the E1 Nino waters, up in the headwaters of the Kissimmee we got lots and lots of rain. But we didn't have the capacity to store that water once it did rain, and we had to basically flush that water to tide. That had a significant impact on not only the folks on the St. Lucie side, but also over here on the Caloosahatchee basin. Now, I can assure you that I was not comfortable having to send that water to tide. I knew the impact that was going to have on the industries, the fishing industries and the tourism industry, but I had no choice. Only 12 percent of the water would have been allowed to go further south into the Everglades, the remaining 88 percent of the water had to be flushed to tide because we had no reservoirs or no storage capability within the system as it's currently designed. Next slide. We've also had some other impacts. Depends on the time of year. Four months later we have a drought, or we were facing a drought before it did finally just start to rain. We obviously are too effective in our flood control, because we lost that water to tide. Next slide. One of the other problems is with regard to agricultural and urban runoff. They've had an impact on the quality of water in south Florida, and have had an adverse impact on the fish, Lake Okeechobee and the Everglades itself. Agricultural is by no means, however, the only culprit in this degradation of the quality of water. Next slide. It's had a significant impact on the natural patterns of life in the Everglades itself. Many of you are aware -- may be aware the alligators in their natural habitat would be using holes that they would create in the Everglades itself. Well, they're prehistoric creatures and somewhat lazy by nature, and they've gone to the canals, which has had an impact on the feeding patterns of the fish and on the bird life. Next slide. Shown here is the initial geographic extent of the Everglades itself. I don't know if you can pick this up here, but this was the spatial extent. We've lost 50 percent of that. You see along the eastern seaboard, the coastal ridge there? There's been a huge extent of the Everglades that's been lost. Miami International, as a point of reference, used to be a part of the natural Everglades. There's a whole lot of development further to the west. I as a young man lived in Miami and went to elementary school and junior high. I had not been back to Florida for 30 years until this past summer, and back to Miami in particular. I looked -- or I recalled the Palmetto Expressway being the furthest extent of the development in '67 when I departed. I couldn't find the Palmetto Expressway when I came back. It took me a little bit of effort and I had to get out the maps, because they had -- the spatial extent that the development had moved out to the west was quite illuminating for me. Next slide, please. I think the Palm Beach Post best explains the kind of impact that we have here with the restudy in their quote here. It says when the rain came this winter, the Everglades flooded and we had significant impacts to both the ecosystem and to the development communities, both agricultural and the urban development communities. Now when we need the rain, the extra water is gone. This kind of lays out the crux of our problem. Next slide. Now, in the restudy we're trying to fix this 50-year-old plumbing system that's in need of major overhaul. Next slide. The study purposes of the restudy are as shown here: To determine the feasibility of structural operational changes to restore the Everglades in the Florida bay ecosystems, and to provide for other water-related needs, including water supply and maintaining the flood control that we have in the current system. The restudy goals include reducing the loss of water to tide, which is about two million acre feet per year; restoring -- or correction, improving the availability of water for all users; restoring more natural water deliveries to the natural system, and that includes all the natural systems, not just the Everglades national park; maintaining flood protection. Now, we have a fairly ambitious set of milestones here that were provided to us by the congress. I can assure you we didn't volunteer for this accelerated schedule, and it was related to me last night by Mr. Appelbaum to my right here, there was some intense negotiations going on to try to keep this thing out into the 2004 and beyond time frame, but congress saw fit to give us a schedule that was due in this coming July 1st, 1999, and when given a mission in the Army, we accomplish that mission. And we're going -- we're on the glide path to a successful completion of the restudy to meet that time line. We have some public meetings that I'll talk about a little bit later, but they're scheduled for November of '98. We'll release the report, final report and EIS, in April. And we will submit on July 1st, 1999 the report to congress. Now, this has not been a solely Corps operation, by any stretch of the imagination. There are numerous federal, state, tribal and local government representatives, as well as a variety of interest groups that have played, participated in this process. My primary partner, as I mentioned before, however, is the south Florida water management district. Now, shown here is the comprehensive plan formulation process. To put it in very succinct terms, this is adaptive management, using a multi-agency restudy team. As new information becomes available, over 900 hydrologic performance indicators, measures and targets were evaluated, reevaluated, evaluated, et cetera. We ended with, after six alternatives, with a preferred option, we call it D13R, within those of us that are technically involved in this. But it's known to the rest of you as the initial draft plan. Next slide. Now, one of the innovations as part of this restudy was the extensive use of the Internet, shown here as one of the pages. We'd invite you, for those of you in the audience, as well as the commissioners, to take a look at our restudy home page to become familiar with it. It's got a wealth of information about the process and what we've done here with regard to the restudy. Next slide. Now, the involvement has not been -- public involvement, however, has not been limited to the Internet. We've had, as I said before, the Web site. We've been involved with the task force and the working group, the governor's commission, the south Florida water management district governing board, their advisory committees on technical workshops, a whole host of public meetings and focus groups to include meetings with various County Commissioners and government officials at the local level. Next slide. The key, however, in this whole process is enlarging the water pipe for all users without pitting one side against the other. This is not a zero sum game. The idea here is to basically plug the drain and allow us to have the flexibility, both in terms of the wet season and the dry season, to provide water to the users, be it agriculture, urban or the environment. Now, the keys to restoration -- next slide, please -- are enlarging the amounts of water available to the users, primarily in the study used through the use of ASR's and water storage reservoirs, to ensure adequate water quality through the use of tense treatment facilities for wastewater, stormwater treatment areas, and to restore connectivity. And this will be removing or modifying selected canals and levees and replacing or removing selected road beds, raising them, per se, as an example, the Tamiami Trail. Next slide. Sources of water for users include Lake Okeechobee, the Caloosahatchee and St. Lucie basins and the lower east coast areas, where we will be adapting changes to the regulation schedule. As with regard to Lake Okeechobee, we'll be looking to identify basins -- within the basins places where we can store runoff or do seepage control on tense facilities on the lower east coast. Next slide, please. Now, the plan consists of about 50 components, and I'm not going to read all those, but the primary ones are the storage facilities, where we're looking to store about 1.5 million acre feet of water with regard to aquifer storage and recovery, about one -- or about 1,655 million gallons per day in aquifer storage, and stormwater treatment areas of about 50,000 acre feet. That's where we are today. Now, none of this, however, has been set in concrete. It will be site modified, it will be value engineered, et cetera, as we proceed through the process. Next slide. Now, I'd like to talk about some of these specific highlights in terms of storage components. With regard to the Caloosahatchee basin and C43, we're looking at storage components of about 160,000 acre feet, out of a total of about 1.5 million acre feet. Next slide. With regard to environmental components, we're looking in the Caloosahatchee basin of about two thou -- correction, 20,000 acre feet out of about 61,000 acre feet. Next slide. And in the aquifer storage, in the Caloosahatchee basin, we're looking at 44 sites that will be able to handle about five million gallons per day, out of a total of about 1,665 million gallons per day in aquifer storage. Next slide. Now, some say aquifer storage is an untested and untried technology. We've heard a lot of that around as we've gone around. However, in our research we -- as shown here, found numerous ASR's in place and operational nationwide. Ours is unique here in south Florida, however, because we're using it on a regional scale and there are, to be quite honest with you, some regulatory concerns from EPA that we are working diligently with them to have resolved. Next I'd like to talk to you about the performance of our modeling efforts with regard to their impacts on the Caloosahatchee area. The percent of Lake Okeechobee service areas demands not met are shown in this. In the Caloosahatchee in particular, in 1995, 12 percent of the demands are not met. In 2050, that percentage will rise to 22 percent. That's almost a fifth, or over a fifth of the time the service demands in the -- will not be met in the Caloosahatchee basin. As a result of the draft -- or initial draft plan, only three percent a year demands would not be met. That's a significant improvement over current service. Next -- COHMISSIONER HAC'KIE: Colonel Miller? COLONEL MILLER: -- slide, please. COHMISSIONER HAC'KIE: Could I -- could you talk just a little, though, does everybody know what he's talking about here about that right now we're 12 percent short, if we do nothing we're -- in the Caloosahatchee basin, we're going to be 22 percent short on water supply, and if we implement plan D13R, the current one, then we hope it will result in only a three percent shortage in 2050? I just wanted to -- that brings it home to me, you know, for our particular area. Forgive me. COLONEL MILLER: Thank you. The number of damaging releases, which will impact your tourism and your fishing industries along the Caloosahatchee, the number of damaging releases over a 31-year period, as shown in the '95 base case there would be 23. In 2050 it would be lowered to 17 because there's not -- there's so many users expected to be drawing upon Lake Okeechobee that that number would degrade. With the initial draft plan, however, the number of damaging releases would be reduced over a 31-year period to one as a result of the initial draft plan. Next slide, please. Now, the number of undesirable Lake Okeechobee events -- that means the two highs and the two lows -- which have damaging effects on the lake itself would be reduced as a result from a target in which we expect in 2050 to be 12 of those events only to four. Now, we didn't meet our target there, but we came very, very close. Next slide. To give you a little frame of reference of some major infrastructure projects that are going on around the country shown here, and not to pick on my friends in the Navy, but just as an example -- I live on a Naval air station, by the way, so I'm very careful here not to offend them. I like my home where it is. COHMISSIONER HANCOCK: I take it you won't be getting carrier duty any time soon. COLONEL MILLER: It's 1.45 billion. I say go Navy all year except one week. The Hiami International Capital Improvement Program is 4.7 billion. And we're looking at the restudy in the range of six to eight billion dollars. As I said before, we haven't done the final site evaluations, any value engineering, any technical designing at this point in time. It's not feasible. Next slide. Now, where we are or where we are going in terms of the project development process: We're over here in the comprehensive planning process. In July we'll be sending the report and we'll be looking for congressional authorization. The detailed planning and design and the signing of project cooperation agreements with the primary sponsor, be it a county, a city, the state, as in the case of the entity of the south Florida water management district, all those are out in the future and would be done over the course of the next 20 years. After the PCA's are signed, plans and specs. will develop and construction and monitoring will go on. I fully expect this to be a 20-year plus effort to get the water right in south Florida. Now, as shown here are some meeting locations. Of note was the December 1st meeting in Fort Myers and the November 30th one in Naples. Next slide. That kind of summarizes where we are currently with regard to the process. We will be releasing the report on the 15th of October for public comment that will include a draft EIS. This job is extremely challenging, and when I was -- I was not being facetious when I said it seems like yesterday that we met the last time, because the sands of time are passing very quickly. Thank you. I would like now to talk to you about the southwest Florida study, the feasibility study. It will be a place holder within the restudy effort itself and will provide comprehensive plan recommendations. It will help give us the authority for reconant (phonetic) study to be initiated in FY '99, with a feasibility study in the year 2000, which will be cost shared 50/50 with the south Florida water management district. And Chip, do you have any comments on that? MR. HERRIAM: It's in the budget. COLONEL MILLER: It's in the budget -- COHMISSIONER HAC'KIE: That's the good news. COLONEL MILLER: -- for the south Florida water management district. So that's already been allocated. Next slide. COHMISSIONER HAC'KIE: The matching money's there, so we can go forward to ask for the congressional allocation. COLONEL MILLER: We also have some -- besides the feasibility study, we have the critical projects, primarily southern Golden Gates (sic.) and southern CREW are moving along quite well, as is Lake Trafford. Those three are the three ones that are moving along and have met the cut line, as we currently are funded at. Next slide. Next I'd like to talk about where we are, and I'm not going to go through all of these slides with regard to the EIS, because you've seen most of them. You know where our perspective was. There was rapid growth here in Lee and Collier County, and that hasn't changed over the course of the last 12 months. As a matter of fact, it's '- I'm amazed every time I come back over here. This is a -- this place is bustling. It reminds me of south Florida when I lived over in Hiami. It's a place that's full of energy and full of life. CHAIRPERSON BERRY: I don't think we want to hear that. COHMISSIONER HAC'KIE: We didn't want to hear that, Colonel. COHMISSIONER HANCOCK: You meant it reminds you of what south Florida could have been. COHHISSIONER CONSTANTINE: Keep in mind, he said he left in '67. COLONEL MILLER: I left in '67. There's a 30-year gap there. You remember, we did not sign the draft HOU, but we had a win-win situation for all involved. You all did provide the support and we very much appreciate that. COHMISSIONER HANCOCK: You have that framed -- COLONEL MILLER: I do not -- COHMISSIONER HANCOCK: You have that framed in your office, don't you, Joe? COHMISSIONER HAC'KIE: No, but John does, though. COLONEL MILLER: No, I don't have that in my office, to be quite honest with you. I didn't -- that wasn't a very good likeness, I didn't think. Anyway, we went through the public scoping process, and the key issues remained. The water flows and quality and sustainable economic development, mitigation of wetlands and endangered species. Now, where we are today: We're on the verge of finishing up the EIS, or -- the EIS and providing a report. I think we've made great success. And the reports I get, and I'll let Dr. John Hall come up and talk about this in a minute about where we are actually with regard to the current status. But I think it's been a significant win for all those involved. I personally have been very impressed with the folks involved in the ADG and their professionalism and their willingness to work with one another to come up with a -- some great ideas or alternatives for the EIS. Dr. Hall, would you come forward, please? COHMISSIONER HAC'KIE: He's on his way. COLONEL MILLER: As you're all aware, Dr. Hall is my chief of regulatory division. COHMISSIONER HAC'KIE: Can you help get the hand mike? We probably ought to fix that stack over there so that it's accessible. DR. HALL: Well, I've just broken something here. I apologize. I apologize for that. As you know, we formed an alternatives development group. That group grew to 33 membership total. Last week we finished our tenth meeting. We have -- we have developed 12 sets of evaluation factors, approximately 27 alternatives, within the 12 -- within the approximately 1,500 square mile study area. That information is being compiled now. We will be putting a draft report together the month of September, be releasing it in draft form to the alternatives development group by the end of September. We have an eleventh meeting planned of the alternatives development group at their request, which will be in the middle of October to look at that draft report and refine it. It will be finalized. And then the portion of the report that deals with the alternatives and the analysis of the alternatives will become the alternatives section of our draft environmental impact statement, which we hope to release sometime either the end of October -- yeah, the end of October or sometime by mid November. So we are on the schedule that we promised. COLONEL MILLER: That concludes my remarks. Are there any questions? CHAIRPERSON BERRY: Commissioner Hac'Kie? COHMISSIONER HAC'KIE: I just would like for you to consider what Mr. Duane asked us at the beginning and that was some form of an endorsement. I know that those of you who serve on the Regional Planning Council have probably already entertained that concept, since it was a unanimous vote of support from the RPC, and am hopeful that whether today is the right day or if you need more time to get more information, will join in supporting the request. CHAIRPERSON BERRY: Commissioner Norris? (No response.) CHAIRPERSON BERRY: Commissioner Hancock? COMMISSIONER HANCOCK: On that point, Commissioner Mac'Kie, as is our practice, I think there will be a vote of support, but I think we need to have it in the form of either a resolution or an official action so that we and the public have an opportunity to see what it is we're being asked to support and what it does or doesn't involve. I just am more comfortable when we go through that process than saying today, you know, we give it our blessing. I'd like to just see it in written form. Couple of questions on your presentation, Colonel, if I may. You mentioned STA's in your presentation. One of the biggest problems that was created, and I hope you'll take no offense to this, I think we all recognize the Corps was trying to do a drainage project in '48, and they accomplished it. COLONEL MILLER: Did a pretty good job. COMMISSIONER HANCOCK: A real good job. And so now we realize that probably wasn't the best science and we're trying to correct that. COLONEL MILLER: We've learned a lot. COMMISSIONER HANCOCK: Are we looking at -- on the STA's, are we looking at coming up with some type of a spreader swale system to diffuse the way water enters the Everglades? Because one of the big problems we have with canals and piping is we get inundation of point source areas, so the -- it's a very uneven application. And one thing that's worked in Collier County, and we had a project actually initiated, was a spreader swale system that allowed a more natural flow, sheet flow effect, into the Everglades. Is that -- when we talk about STA's, are we talking about a spreader swale system, or are we talking about really leaving the canal system in place? COLONEL MILLER: It's -- the hydro patterns would be spread, as you mentioned before, as they enter the STA's. COMMISSIONER HANCOCK: Okay. One concern I had when we look at these things, and feel learning from the past, is that we try to over-engineer or engineer nature out of the equation. And as someone born and raised in Florida, we've always had inundations, we've always had droughts and we will continue to have them. And maybe this is a question for Mr. Hall, I'm not sure. But as we look at how this system, when it is completed, is to perform, what parameters, I mean, what application or parameters are we giving to the fact that droughts should occur, that inundation should occur? Because that was one of the things in '48 that we -- you know, we were trying to avoid one end of the spectrum and never considered the other. But we need to have droughts in the Everglades and we need to have inundation periodically. It's nature's balance. COLONEL MILLER: That will be -- is part of the equation, as they did the modeling effort itself. COMMISSIONER HANCOCK: Okay. My concern is that sometimes when you go through these projects, in the end, the moment it starts to get dry and one bug or one bunny starts to get upset, that people scream throw water at it, or people scream stop the water, because they don't want a particular -- COLONEL MILLER: No, they're -- as part of the restudy we're trying to reintroduce the natural system fluctuations that occur. COHMISSIONER HANCOCK: Okay. COLONEL MILLER: There will be less highs and less lows in Lake Okeechobee, but there will be periods where there will be reduced water flows into the Everglades or in the other areas. And so -- COHMISSIONER HAC'KIE: As evidence of that, Commissioner, I'd point out that on the slides that told us the number of events, you know, none of those were zeros. COHMISSIONER HANCOCK: Right. COHMISSIONER HAC'KIE: You'd see, you know, those are correlated. The target number of events is correlated to historical patterns. COHMISSIONER HANCOCK: Well, what raised the question was it seemed like the goal was to get to zero, when in fact -- COLONEL MILLER: No, the goal -- COHMISSIONER HAC'KIE: No, not in any of them. COHMISSIONER HANCOCK: Okay. COLONEL MILLER: No, the goals were adapted, depending on the area that we were talking about. And there are obviously 50 components, and there's a wide variety. The only area right now that we have not been able to exceed or get close to our goal, and which we are identifying as red, is in one of the water conservation areas, 2-A, I believe -- 2-B, excuse me, out of a whole series of targets. The remainder of them are either amber, on a few cases, and the vast majority of them are green in terms of their trying to meet the goals that we've -- the various people involved in this process has established. COHMISSIONER HANCOCK: The last question I have is something that maybe Mr. Pike is more appropriate for the answer, but I'll just pose it to you. It's been brought to my attention that we've all thought, or I was under the impression that publication of the Federal Register was a notification issue, when you publish something in the Federal Register to notice people that an action was going to occur. It has been posed to me that if the -- let's take southwest Florida, the EIS that we're looking at here in Collier and Lee County -- that if the Corps were to produce the final document, and for it to be published in the Federal Register a total of three times, it would then become something that is enforceable by the Corps of Engineers with the same effect as law. Is that the case? MR. PIKE: When you say enforceable as a matter of law -- COHMISSIONER HAC'KIE: Would you identify yourself for the record? MR. PIKE: Oh, yes. I'm Lloyd Pike, I'm district counsel for the Corps of Engineers. When you say enforceable as a matter of law, that's not what this EIS is about. There is a common misunderstanding that this EIS is going to dictate something to the county. This EIS, as we promised you all a long time ago, is really an examination of the county's comprehensive development plan as the preferred alternative. And it's what if. What if people continue to ask for Corps permits in accordance with the county development plan? And what other alternatives might there be out there? And so the idea was to get a wide range of folks to look at an array of alternatives that they could agree on, about what possible development scenarios were like for the study area. So there's no force of law to this EIS. COMMISSIONER HANCOCK: I understand that now, but most studies result in some type of recommendation or action. If it's just solely for informational purposes and will have absolutely no effect on how the Corps does its business, then I would assume it's a waste of time. I think the study is going to be a tool by which the Corps will conduct its business in the future. And my question is, as this EIS moves forward and as some recommendations come out of it, if those recommendations are in fact published in the Federal Register three times, the third time it's published, does it have the same effect as law? In other words, can the Corps enforce those elements published in the Federal Register once it's appeared three times? MR. PIKE: Do you plan to notice anything in the Federal Register or to enforce anything from that, John? DR. HALL: We certainly will publish a notice of the availability of the draft EIS in the Federal Register, and will also release a local public notice to the effect that it's available. There is nothing about this EIS that I'm aware of that we are ever or have ever intended to be, quote, law, unquote. I think what we've promised all along with this particular EIS is basically two things: One, a gathering of information which would help us make better decisions; and secondly, if we can do it, identify a way to make our process easier, more predictable, and from a fundamental perspective, a better way of doing government. And that's exactly what we're doing. COMMISSIONER HANCOCK: John, you have done everything that you said you would do. I am not questioning that in any way, shape or form. My question goes beyond the end of the study period, that from that study -- you know, again, I have to express this concern because it's been raised to me by my constituents, that the study produces something that is going to change the way the Corps does its job in issuing permits in southwest Florida, and by mere publication in the Federal Register. Would that create effective law? DR. HALL: No. COMMISSIONER HANCOCK: Okay. Thank you. COLONEL MILLER: Short answer, I guess, is no. COMMISSIONER MAC'KIE: That's easier. COMMISSIONER CONSTANTINE: I was going to say, from a practical standpoint, short of getting any funding from congress anyway, it would be hard to do. Even if -- in a legal sense if publication in the Federal Register made something effective, if you didn't get any funding to go where the Colonel would like to go, then I suppose it would be -- MR. PIKE: But in -- COMMISSIONER CONSTANTINE: -- pretty tough to do. MR. PIKE: But in addition to the information that we're getting, which you're talking about, we told you that we would try to come up with some sort of general permit document or something that made it easier as a result. Those are the products that we expect. We don't expect to publish anything that is binding as a matter of law. But I think your constituent, the person who has that concern, it would probably help for me to have some direct interface with them so that I can explain the process. I think there's a legal misunderstanding. COMMISSIONER HANCOCK: It may very well be, but it was raised to me in the last couple of weeks, and I had the opportunity to address it today, so -- MR. PIKE: I appreciate it. And if there's any further clarification that I can give to that constituent, I'll be glad to try to do that. COMHISSIONER HANCOCK: Lloyd, I know I can always get ahold of you. Thank you. CHAIRPERSON BERRY: Any other questions? COMHISSIONER NORRIS: I have one. CHAIRPERSON BERRY: Commissioner Norris? COMHISSIONER NORRIS: Good morning, Colonel. COLONEL MILLER: Good morning, sir. COMHISSIONER NORRIS: Let me touch briefly on the funding. I notice in the material that we are -- we've been delivered that referenced six to eight billion dollars over a 20 or more year time span, and to be funded by federal government halfway and by the south Florida water management district halfway. COLONEL MILLER: Well, it would be a variety of entities that would be involved as sponsors. Either the local governments, county commissions or counties, cities, depending on where the project is located. It could be the south Florida water management district, or it may require us to go to the state legislature. COMHISSIONER NORRIS: Okay. And is there -- I guess at this stage of the study, or the restudy, there is absolutely no way to determine how those percentages of participation are going to break out. I mean, that's something to be determined in the future? COLONEL MILLER: Yes, sir. The vast majority of them I think, however, will be the south Florida water management district is the primary sponsor. Others will be -- there will be a handful, I would expect, that would be the other sponsors. COMHISSIONER NORRIS: Thank you. COLONEL MILLER: Any other questions? CHAIRPERSON BERRY: Commissioner Constantine? COMHISSIONER CONSTANTINE: Just a comment. On the front end of this whole process, that was one of the concerns that was expressed, would there be mandates at the end of this process dollar-wise. And I think when we say half would be funded by the federal government, that leaves three to four billion dollars that local people, everybody sitting in this room, either through the water management district or through the county or City of Naples or the State of Florida, for that matter, may be asked to pick up. And I think, Commissioner Mac'Kie, while I appreciate where you're headed with us endorsing a general concept, that has to be a part of our scenario. We have to have some idea of what we're being asked to pick up and by what governmental entity and what the impacts on John Q. Public will be when we're talking about three to four billion dollars. COMHISSIONER MAC'KIE: I think at this point the endorsement that I'm seeking would be for -- to endorse the central and south Florida restudy, specifically the place holder for the southwest -- COLONEL MILLER: The feasibility study. COMHISSIONER MAC'KIE: -- Florida. COLONEL MILLER: For the feasibility study for southwest -- COMHISSIONER MAC'KIE: For the feasibility study. And that doesn't -- can't even arguably, I don't think, can -- nobody can think we're going to spend money as a result of endorsing that. That is already in south Florida's water management district budget, and if congress funds the other half of it, that study will be solely funded by those two agencies, and nobody's going to ask our county to help fund that study; am I correct? COLONEL MILLER: That is correct. COMHISSIONER HANCOCK: As much as I argued during the EIS whether we agree or disagree or whether we want to talk about the details to the nth degree, we need a place at the table to make sure the interests of our citizens are represented, our constituents are represented and protected, from both an environmental standpoint and a private property rights standpoint. So I don't think there's any way I would say let's not be a participant, let's not, you know, get on board and be a part of it. So that's not even a consideration for me. COLONEL MILLER: The feasibility study is to address, as was mentioned earlier, the lack of a study in the southwest portion. The Big Cypress is covered to a certain extent in the restudy itself, but there's a whole portion out here that basically we have the opportunity to not recreate some of the issues that we have over on the southeast side of the state. As I understand what you're asking for in terms of endorsement, it would be for the feasibility study itself, not for the restudy in its overarching context. COMHISSIONER MAC'KIE: That's exactly -- my request, and I apologize if it isn't clear, is -- and if we don't have enough information, I certainly respect -- you know, I've been working at this for about a year and a half and so I'm pretty familiar with it. But my request for an endorsement is that we encourage congress to support the place holder which would allow for the feasibility study. The part that I talked about, that from Caloosahatchee south, there is no data, there is no federal data. It has not been studied. And this is our shot to get federal and state money to collect that data so that we cannot become the east coast, so that we can avoid the mistakes of the past by having the information necessary to prevent them. CHAIRPERSON BERRY: Well, I think at this point in time, unless we don't have a resolution before us -- we do have speakers on this -- MR. FERNANDEZ: Yes, Madam Chair -- CHAIRPERSON BERRY: -- Mr. Fernandez? MR. FERNANDEZ: -- you have one speaker. CHAIRPERSON BERRY: Okay, any other questions for Colonel Miller? COLONEL MILLER: Again -- CHAIRPERSON BERRY: Thank you very much. COLONEL MILLER: -- thank you very much. It's an honor to be back in front of you. Thank you. CHAIRPERSON BERRY: Thank you. Speaker? MR. FERNANDEZ: Mr. David Guggenheim. MR. GUGGENHEIM: Good morning. For the record, David Guggenheim, president and CEO of the Conservancy of Southwest Florida. As you know and you have heard, the central and southern Florida project is an historic effort to provide the rapidly growing population of south Florida with an adequate supply of fresh water, adequate flood control, and in the meantime, while restoring one of the most beloved ecosystems on earth, the Everglades. Here in southwest Florida, we are an important part of this system, a resource upon which our very way of life depends and our economy depends. The restudy, as you've heard, includes alternative plans to improve water releases and storage in the Caloosahatchee basin. Wasteful releases of fresh water into the Caloosahatchee have had devastating impacts on our near shore waters in the Gulf of Mexico, affecting fishing and tourism. This was especially evident in this E1 Nino year. The C&SF project will help us reduce these wasteful releases and improve our water supply for agricultural, urban and environmental purposes. But the restudy offers southwest Florida much more than just improvements in the Caloosahatchee basin. Among its recommendations to congress in July of next year, the restudy will recommend the feasibility study to assess southwest Florida's water resources, identify problems, and to develop solutions. It's very gratifying to see that southwest Florida is starting to get the attention that it really deserves. The feasibility study is an exceptional opportunity for our community to receive federal assistance to help us achieve the very challenging goals of balancing growth with limited natural resources. On Friday we completed the last of 10 exhausting meetings of the alternatives development group for the Army Corps' EIS. It is an understatement to say it has been a difficult and challenging process. But I believe the many hours of hard work have paid off, resulting in a better understanding of how growth will impact Collier and Lee Counties. It has also given us developers, elected officials and environmentalists who better understand each other and each other's needs. And it's also given us a series of jointly developed visions of how we can guide the future growth of this region. It is encouraging to know that the proposed feasibility study will build upon the work of this EIS. This is not going to be duplicative, this is going to be an extension, and will carry forward our best understanding from the EIS and other sources. If we look to the east coast, as we heard Mr. Miller talk about his experience coming back, we see that the cost of providing flood control, providing an adequate water supply, these costs are astronomical because of uncontrolled growth and the great expense of restoring and retrofitting an urbanized landscape. Here in Collier County, we are especially fortunate that we still have an opportunity to avoid these costly mistakes. What is needed now more than anything is your support, your endorsement of this direction. As you saw recently, there are those that will try to undermine the process, the restudy process. Your unanimous vote to send a letter to Governor Chiles and urging him to veto HB-4141 sends your strong signal of your support of the restudy and your unwillingness to see the process undermined by politics. For that, this community will be forever grateful. Unfortunately, even with the veto of that harmful bill, some damage was done in Washington. During my recent trip there, I learned that members of congress who were confused by the bad legislation are now looking to be reassured by strong local support from Florida before they will appropriate the necessary funds to support this process, even in the forthcoming year. The restudy and the feasibility study will help us create a future for our citizens that they want and will sustain a natural environment that we all treasure. On behalf of the Conservancy's 5,500 members and 675 volunteers, I most respectfully urge you to continue your support for this important process for the restudy and the southwest Florida feasibility study. Thank you. COHMISSIONER HANCOCK: Madam Chair, question? CHAIRPERSON BERRY: Commissioner Hancock? COMHISSIONER HANCOCK: First of all, congratulations on your new 500 members. Until now it's been the 5,000 members of the Conservancy. So congratulations on that. MR. GUGGENHEIM: It's always been 5,500. COMHISSIONER HANCOCK: Has it? Well, we'll have to discuss that with Mr. Simonik. I guess the one question I have is that you have had the benefit, as has Commissioner Mac'Kie, of being involved in the draft EIS to a greater degree than we have. Would the timing issue with the federal government be hindered in any way if the board was allowed to receive a draft of the EIS prior to considering a resolution to support the restudy? That should be two weeks away, Colonel Miller? COMMISSIONER MAC'KIE: The end of the month -- end of September is when we expect to get the first draft. But you're mixing apples and oranges. COMMISSIONER HANCOCK: Well -- but I heard you say that in essence what we would be supporting is not duplication but an extension of. In other words, I think what's been going on in the EIS -- you're saying apples and oranges, you're saying the two are -- one doesn't even contribute to the other -- COMMISSIONER MAC'KIE: I think that -- COMMISSIONER HANCOCK: -- in any way, shape or form? COMMISSIONER MAC'KIE: I think that what Mr. Guggenheim meant is that the data gathered in the EIS, the raw data, will not be regathered in the reconnaissance for the feasibility study. COLONEL MILLER: Correct. COMMISSIONER HANCOCK: But are we in fact looking at the same geographic area? COMMISSIONER MAC'KIE: No, only partially. Only partially the same geographic area. But you know what? It sounds to me like that we need a little more information for the board and that maybe the right thing to do today would be to ask staff to draft a resolution to bring back for the next meeting or in a week or two so that we could endorse it with everybody being as fully informed as they need to be. And I have been just sending you guys tons of paper from governor's commission and from southwest issues group and those that -- that maybe I could do a better job of distilling some of it and providing you with sort of a cheat sheet so that we are prepared in the next week or two to endorse the feasibility study. That's the piece that is the most critical, as I understand it, Mr. Guggenheim, tell me if I'm wrong, that we need to be sure that our congress understands that local support exists for that feasibility study. COMMISSIONER HANCOCK: Maybe because the two are -- COLONEL MILLER: I'm perfectly willing to come back -- CHAIRPERSON BERRY: Colonel Miller, come on up -- COMMISSIONER MAC'KIE: To the microphone, please. COLONEL MILLER: Okay, excuse me. COMMISSIONER HAC'KIE: For the record. COLONEL MILLER: For the record, I'm Colonel Joe Miller. I am willing to bring myself and my staff back over here at any time that the commissioners would like a private one-on-one briefing so we could bring you up to speed on any of the issues, be it the feasibility study, the restudy, or the EIS. COMMISSIONER HANCOCK: For me it's just a basic question. I want to be very sure what it is I'm supporting -- COMMISSIONER HAC'KIE: Absolutely. COMMISSIONER HANCOCK: -- or endorsing. And maybe because you took the opportunity to present the two today, I'm drawing lines from one to the other that aren't there. That may be maybe my fault. But I just -- I want to be a little clear on it. So Commissioner Hac'Kie, if that's your request, that we ask staff to draft a resolution clarifying what it is we're being asked to endorse or support and bring it back to us, in the meantime, I can meet with -- no need to drag your whole team back here. I can probably meet with Mr. Guggenheim and with our staff to at least answer a lot of the questions I may have. COHMISSIONER HAC'KIE: And Mr. Duane's also been really active in the process. MR. GUGGENHEIH: We'd be happy to spend time reviewing some of the outcomes of the EIS process with you, as Colonel Hiller's staff I'm sure would be happy to do the same. The Corps has been very good about making that information widely available. Many of the results from the EIS are already available on the Internet. So if those are -- if that's information you need and want immediately, we can make that happen. COLONEL MILLER: And for the record, I like coming to Lee and Collier Counties. COHMISSIONER HAC'KIE: Smart man. COHMISSIONER HANCOCK: Thanks, Dave. COHMISSIONER HAC'KIE: So is there -- do we need a motion to have the board draft ares -- I mean have staff draft a resolution, or could we just -- COHMISSIONER CONSTANTINE: Two weeks, is that -- CHAIRPERSON BERRY: Staff direction. COHMISSIONER HAC'KIE: Two weeks to bring it back, is that all right, Mr. Fernandez? MR. FERNANDEZ: That should be sufficient. COHMISSIONER HAC'KIE: Is that enough time for everybody to get happy? Sounds great. CHAIRPERSON BERRY: Mr. Herriam, did you want to say something, please? MR. HERRIAM: I just wanted to add to -- CHAIRPERSON BERRY: Identify yourself. MR. HERRIAM: Chip Herriam, south Florida water management district. I just wanted to add, too, the -- we're here local, your resource. If you have questions, we're a phone call away and we'll be here as quick as we can to add what information you need on this from our perspective and in the bigger picture also, how it all fits together. CHAIRPERSON BERRY: Great. Thank you. COHMISSIONER HANCOCK: Thanks, Chip. CHAIRPERSON BERRY: Any other speakers, Mr. Fernandez? MR. FERNANDEZ: No other speakers. CHAIRPERSON BERRY: No other speakers. I think we have direction to staff in regard to what they're to do, and so in a couple of weeks we'll expect to have that back. Thank all of you again, Colonel Miller and your staff. Thank you very much for being here today. And Mr. Guggenheim, for your comments, and Mr. Duane, for being here as well. Thank you all. At this time, we have a court reporter that needs a few minute break so her fingers don't fall off her hands, so let's give her a break and we'll take a break. Thank you. (Brief recess.) Item #6A COST INFORMATION REGARDING ANTICIPATED EXPENSES FOR THE LEGISLATIVE MAiNDATED CHILD SUPPORT SYSTEM - CLERK'S RECOHMENDATION APPROVED CHAIRPERSON BERRY: Our next item on the agenda is item 6-A, the cost information regarding anticipated expenses for the legislative mandated child support system. Mr. Brock, how are you today? MR. BROCK: Good morning, Madam Chairman, commissioners. My name is Dwight Brock, I'm the clerk of the circuit court here in Collier County. When I spoke to you last at the budget hearings, I mentioned to you that the Florida legislature had imposed upon the clerks in the State of Florida requirement to use a state-wide child support system. And I promised you at that time that I would come back and bring you additional information as to exactly what that meant to the county, and I thought I would do that today. To give you a little background, the clerk of the circuit court acts as the central depository for child support payments. By that I mean that when the court orders child support payments to be made by the non-custodial parent to the custodial parent, they are paid to the clerk of court, who acts as an intermediary and then sends those monies to either the State of Florida for distribution, or to -- if they are what are called non-title 4D cases, directly to the individuals. Title 4D is a federal act which has built into it requirements on the states to comport to certain federal requirements of collecting child support. And accompanying that is a funding mechanism for the states to pay the states for that enforcement. The process that the legislature has gone through for the last two years has been centered around a change in that legislation whereby the federal government is attempting to tighten the enforcement restrictions placed on the state in order for them to receive those grant funds from the federal government. What has transpired in the State of Florida now is that the Florida legislature has imposed upon the clerk of the circuit court here in Collier County, as well as in other counties within this state, a requirement to go to a child support system that has been created by the Florida Association of Court Clerks and Comptrollers. That system is based upon a UNIX (phonetic) operating platform. By that I mean the computer system is what is called a UNIX platform. In theory, years ago everybody called the UNIX platform a very open platform. That meant that everybody could use that particular system, and it was easy to share and transmit data from one system to another by use of that system. Today I'm not sure that everyone hasn't come to the realization that the UNIX platform is really not as open as it was purported to be originally. The clerk of the circuit court in its systems here in Collier County uses what is called an open VMS system in its child support process, and a Windows NT environment for its interfaces with board side and its contributed processing. In trying to evaluate what is taking place here and what is being imposed upon me by this law, we have gone around the state, looked at the sites in which this particular process is in place, compared it to the system that we have in place today, and discovered in order for us to go to this new system, just in the hardware and software costs alone, this year, not taking into consideration the annual costs associated with this, it will be in excess of 300 -- about $320,000. Now, what is it that we are receiving for doing that? Well, you know, it would be one thing if you were receiving something of substance, but what we are in effect doing is regressing back to a time long before the system that we have today was put in place. To give you an example, the system that we have in place today is fully integrated with our cashiering system. And to give you an example of how well our cashiering system operates, when the state was looking at trying to go to a state-wide TCATS or traffic system, Collier County was one of the sites that they investigated. The people that came down and looked at our traffic system here in Collier County with our cashiering interface made the comment to my staff that the State of Florida needs to come down and buy your system, that you have better controls in your cashiering system here in Collier County than most banks do. So we have a very good cashiering system. We have a very good computer system in general. It's fully integrated with all of our general ledgers, it operates essentially by us inputting the data at one time, and it impropagates (sic.) all the fields in our cashiering or cash tracking system right through to our financial statements or our general ledgers. We lose that in its entirety. This system is a fully stand-alone system. It will essentially entail us doing most of what is done electronically today through a manual process. In addition to that, the services that we provide to the general public here in Collier County through our system allows an individual to call up the computer system directly through a phone interface and find out information from that computer system about that case file, including but not limited to the payments that have been made and when they were sent out, things of that nature. The system that they are requiring us to go to does not have that. That would either have to be built or it would have to be purchased. Another deficiency in the system is that based upon my staff's observation of the system that is being used in other counties, it takes approximately 10 times the time of an employee to input information into the system that they're trying to force us to go to, as compared to the system that we have today. To give you an example, in Pasco County, Pasco County handles approximately the same number of transactions per day. Where we use somewhere in the neighborhood of three full-time equivalent employees, Pasco County uses nine full-time equivalent employees. The question that we have is are we going to expend the money to regress, or are we going to try to take some alternative approach? As I am sure most of you are aware, there is a constitutional prohibition against state imposing unfunded mandates upon the state, with certain exceptions. I have been in touch with people who were involved at the federal level who have told me that when this process was established at the federal level, that those requirements placed upon the states at the federal level were theoretically fully funded. I have, through my staff and through other clerks in this state, been in touch with the people in Tallahassee to find out whether or not there is any state funding in place to bear the expense of having to implement this process. I have been told for all practical purposes that there is none. What I am asking the commission to do today is to give me some direction as to your desire, as to the approach that we should take for the citizens of this community in trying to deal with this issue. One of the things that I think the board needs to be aware of was this legislation was before Tallahassee last year, at which point in time, through some diligent work of our legislators here, we were able to get an exemption if it was approved by the Department of Revenue. The Department of Revenue came down and looked at our system and made the determination that we could transmit all of the data that we needed to to Tallahassee so that they were able to carry out their functions. And we in fact received a written exemption from this process last year. This year, at the llth hour and 59th minute, the last day of the legislative session, they passed this bill and excluded that exemption. I have heard through communications with other clerks that the Department of Revenue is still intending to try to grant those exemptions that were in place. We do not know for a fact at this point in time that they're going to do that. But what I would like to do is I would like to work with the people in Tallahassee to try to get them to recognize that what they're asking us to do is bureaucracy at its worst and does not serve the benefits of the citizens of this state, and particularly here in Collier County. And if all else fails, to be ready to take the position to enforce the constitution legally, if necessary, that if we're going to be required to do this, the State of Florida needs to be required to foot the bill. CHAIRPERSON BERRY: Is that your recommendation? MR. BROCK: That is my recommendation, that we be ready to do that, if all other avenues fail, in terms of us trying to get them to recognize the problems that they are creating here in this community, as well as in others. And I will tell you that I have been in communication with Dade County, who has a similar position to the position that I hold, Monroe County, who has the same position that I hold, and as well as Seminole County, who has the same position. Two of those counties have a system that is very similar to mine. Dade County, you know, has the capabilities that we have today. And what they're being told to do is to reduce the functionality of the system for its citizens in Dade County and pay for it. One of the things that this board needs to be aware of is that we collect a fee from child support -- people who pay child support of which this county has paid to the State of Florida approximately $85,000 for this system that we're now being told that we're going to have to pay $300,000 to implement up front, plus in addition to that, recurring costs every year associated with it. But in addition to that cost, one needs to keep in mind that I have two platforms in existence today, a staff that has no knowledge of the UNIX platform they're requiring us to go to. If in fact we have to go to that platform, we're then going to have to hire staff to try to deal with that third platform. In addition, we're going to have to hire staff to deal with the lack of functionality that exists in the system and the manual processes that take place, which is going to require and impose upon me additional staffing needs in the child support area. So, you know, the 300 plus thousand dollars is simply the beginning of the cost that citizens of Collier County are going to be burdened with. Now, there is a funding provision for the operation of the child support enforcement system that they are requiring us to be in place. But the requirement is -- or the provision is only that we can be funded up to two-thirds of our expenditure. When I read the constitutional provision, I do not see a mandate that we only be required to fund the local level at two-thirds. I don't want to go down that road. I do not want to end up into a -- in a posture where we're having to seek a declaratory action as to what our rights and responsibilities are for implementation of this particular legislation. If in fact there is an alternative mechanism in which everyone agrees is an appropriate remedy and still give the citizens of Collier County the level of service that they have been accustomed, we, as our elected representatives of Collier County, owe a duty to the citizens here in Collier County to provide them the best level of service at the most reasonable cost. What legislation from Tallahassee is mandating that we do is that we diminish that service and be inefficient in doing it. CHAIRPERSON BERRY: Commissioner Constantine? COHMISSIONER CONSTANTINE: Mr. Brock, I completely 100 percent support your recommendation. Obviously, it doesn't make any sense to provide inferior service at more cost. It just doesn't make any sense at all. Have our -- I assume you've worked with our state representatives, state senators, to -- not only on the exemption, but to try to work with the state agencies on this as well? MR. BROCK: Yes, we have. Because of not knowing exactly who our elected officials will be after today, it makes it somewhat difficult to do. But in dealing with Mr. Saunders, Mr. Saunders understands the problem that has been created by this, and has agreed to work with us to deal with the requirement that we use that system. You know, one of the things that I have heard bandied about throughout the state is that the federal government, in its legislation, mandated that it go to one system. Well, not only I, but Dade County has done extensive research in trying to determine whether or not that was in fact true. And we are both of the opinion that that is not a mandate from the federal government at all. And frankly speaking, when I was at the last clerks' association meeting, I addressed that issue in front of the executive committee with our lobbyist and legal counsel, who indicated to me that that was a requirement that was imposed by the Florida Association of Court Clerks and Comptrollers, not as a -- a burden imposed upon us by the federal government. My feeling is that because the Florida Association of Court Clerks and Comptrollers is involved in it, is receiving funds from it, that there is in fact a conflict of interest taking place here. And, I mean, that has offended me as an individual clerk, as well as it has offended some of the other clerks throughout the state in this perspective. We are trying to deal with that, but that is a reality. One of the things that we are hoping for is at the end of -- or in the next legislative session, we will be able to get removed from the legislation the requirement that everyone has to go to this one system. I have told everyone in Tallahassee from day one, if there is a piece of information that you need from Collier County that I cannot give you through my system with an interface, then I understand the requirement that I have to go to that system. But there has not been a soul who has been able to communicate that to me. And in fact, I have an exemption from the Department of Revenue from last year, because we have been able to provide every piece of information that they had requested. COHMISSIONER CONSTANTINE: Mr. Brock, are you looking for a particular recommendation from us, or some sort of statement from the board supporting your recommendation? MR. BROCK: That is exactly what I'm looking for. COHMISSIONER CONSTANTINE: So moved. COHMISSIONER HAC'KIE: Second. CHAIRPERSON BERRY: Wait a minute. Whoa. We've got one more commissioner that would like to speak. Commissioner Hancock? COHMISSIONER HANCOCK: Mr. Brock, you may have just answered my question. Do I understand you to say that we're able to provide the state with every ounce of information they've ever requested in the child support system in the current format that we have? There's never been a problem with that communication; is that correct? MR. BROCK: Not that I'm aware of. COHMISSIONER HANCOCK: And it's not a trick question. I mean, that was my understanding coming into this. Okay. MR. BROCK: I mean, one of the statements that I made when I was seeking the exemption from Larry Fuchs in the Department of Revenue last year -- and they came down and evaluated our system -- was that if in fact there's anything that we can't provide you going either way, either to Tallahassee or back to us, then we understand the need. But if that does not exist, we do not understand why we should be placed in this posture. COHMISSIONER HANCOCK: Okay. Let me offer two things: First of all, obviously I'm going to support the motion. I think you've made a very clear case of why we need to do that today. The second thing is that as involved in the Florida Association of Counties as I am, if your own organization, the Florida Association of Clerks and Comptrollers, I understand they're not supporting your position on this? MR. BROCK: I doubt that very seriously. COHMISSIONER HANCOCK: Okay. The finance and accounting committee of Florida Association of Counties may take this up as a home rule issue. This is a clear situation where the state should be telling us what information they need and in what format they need it from us, and as long as we can provide it, we should have the authority to determine how we operate our local clerk's office. You should have that authority. So I will try and take that up to the finance and accounting committee, the Florida Association of Counties, and help you work throughout this next session to get that changed back to the way it should be. MR. BROCK: Appreciate that. CHAIRPERSON BERRY: Okay, now we have a motion. Commissioner Constantine, what's your motion? COHMISSIONER CONSTANTINE: That the board fully support the clerk's recommendation. COHMISSIONER HAC'KIE: And that's what I seconded. CHAIRPERSON BERRY: Okay, is there any question about that? Do we have any public speakers? MR. FERNANDEZ: No speakers, Madam Chairman. CHAIRPERSON BERRY: Okay, then I'll call for the question. All in favor? Opposed? (No response.) CHAIRPERSON BERRY: Motion carries five-zero. MR. BROCK: Thank you very much, commissioners. Item #7A MS. SUSAN SHERROD REQUESTING PUBLIC PETITION REGARDING THE STATUS OF THE ROBERTS RANCH PROPERTY - STAFF TO EXPLORE OPTIONS OF PURCHASING THE PROPERTY AND COME BACK TO THE BCC IN TWO WEEKS CHAIRPERSON BERRY: The next item on the agenda is a public petition. And for those of you who this may be your first time visiting us here at the commission, a public petition is presented by a person. Normally they have 10 minutes to make this presentation. It's -- there is no action that is taken on the petition at this time. It is -- we will probably give direction to staff or take the petition under advisement. Normally under public petitions there's no public speakers. It's the petitioner who makes the statement and presents the petition, and then we go from there. So Mrs. Shetrod -- I would like to ask -- I know there's a number of you here. I would like to ask all of those who are supporting this particular petition, if you would just stand, please, so we know that -- I know there's a number of you. Thank you very much. COHMISSIONER HANCOCK: Now, wait, don't forget to ask for all those people that are opposed to it. CHAIRPERSON BERRY: Yeah. COHMISSIONER HAC'KIE: Anybody opposed? CHAIRPERSON BERRY: No, but I know there was a number -- by their badges, I know that they're part of probably the Friends of Roberts Ranch, so I appreciate them also taking the time to be over here. COHMISSIONER HAC'KIE: Should we stand up here or wait for the presentation? CHAIRPERSON BERRY: We can stand up here as well. Mrs. Shetrod, you were the one that requested this to be placed under the public petition, to you have 10 minutes to present your case. MS. SHERROD: Thank you, Commissioner, and good morning, commissioners. Thank you Commissioner Berry. For the record, I'm Susan Shetrod, president of the Friends of Roberts Ranch, and I have a lot of supporters here, and I thank them as well. Roberts Ranch is Collier County's pioneer story. The homestead is at a crossroad. Red flags are waving and decisions need to be made; immediate decisions need to be made. I've prepared for you a brief outline that gives some facts about the history of this project up to date. And it starts with the acceptance of the PUD, the planned unit development, that was accepted by the board in 1992. And at that time, the PUD designated a historic site of 4.1 acres, and the county accepted the deed to that historic site in 1996. So from 1992 to present has been six years in this process. No additional funds have been budgeted to begin the restoration or the development of this property. You'll notice also that on the time line in 1997, we organized a Friends of Roberts Ranch. And we got really busy, and our first job was to hire a historic architect who designed a master plan for us. And this master plan included a process which was a community workshop. And Commissioner Berry came to that meeting and participated in expressing ideas about what this project should really look like. After several months of work and meeting with the architect, the plan was completed in May of this year. You have a copy of that, in your packet, of the master plan. Now, you'll notice that this plan includes what is -- what we refer to as tract D, because it's on this property, this tract D property, that the oldest citrus grove in Collier County stands. Many of the historic buildings, where they were built when the ranch was in full operation, stand on that tract D. It's on this tract that the foundation logs for the log house where the family lived when they first came to this property in 1914 are still there. The old kitchen is there that was there when the family came. These were pioneers, full of grit and determination, hardworking folks. Now, that log house is no longer there, but the horse barn that was built in 1943 and the well and the hide house, the syrup kettle, they're all there in their original locations. Moving these buildings would be very costly. And the integrity of the pioneer story that should be told would be severely compromised. So we're here today to ask you to buy this tract of land to add it to the historic site, which you already own, so that these buildings would not have to be moved. Save the cost of moving those buildings and use those dollars for restoration and development of this project. Now, there's a reason for our sense of urgency and our being here today. A developer has presented a contract to the estate -- trustees of the Roberts estate to buy this tract D. And of course this would have a tremendous impact on this project if that was commercially developed. What we'd really like for you to do is buy the whole 30 acres, and that would really keep the project intact and tell the story the best way. Now, the Roberts family and the County Commissioners have started a good thing. A very good thing was started in 1996 when this deed was accepted. But it's time to move forward. We want you to help us by taking us to the grant process, making a budget commitment to this project. Right now there is no budget, really, just minimal security provided. The historic structures are deteriorating. We got our master plan in May and we started our plans for fundraising, but when the contract was presented, it sort of diverted our attention to address this immediate need. We can't realistically raise the money quickly enough to buy this property, and that's where you can help us. What do you think the site should look like five years from now? I can tell you what I think it should look like. I can see school children there learning about the pioneer stories, especially the fourth graders in their curriculum when they learn about Florida history, getting a taste of homemade butter, holding the handle of a plow that was well used and worn from a pioneer family that lived there, washing clothes on a scrub board, what it like -- what it used to be -- what it used to be like. Now, this project is just one piece of the pie, and to develop the ecotourism in this area. It's not a standalone project. There's strong efforts being made to develop the Pepper Preserve and Lake Trafford, also in this area. And this threesome has great potential for keeping heads in beds just one more day in Collier County, having a day trip to the country. So I'm very optimistic about your upcoming decisions about Roberts Ranch, and we're asking that you save this tract D from commercial development by adding it to the present historical site. We're asking that you would direct your staff to explore all options in order to do this. They've been doing some homework and they're prepared to do this and to answer questions that you might have, and to report back to you right away. Time is slipping away. A decision has to be made very soon. This historic site is perhaps the only site in the State of Florida that's still in a similar condition that it was 90 years ago. Collier County has this unique opportunity to preserve the cultural heritage of the early ranch lifestyle and treasures of the past for all future generations. Mr. Sam Colding was here earlier to speak the last few minutes that we have of our time, and he was called away on an emergency, and he was prepared to speak, and I've asked Dallas Townsend if he would just come and speak for a couple of minutes in our remaining time here. And we're here to answer questions that you might have. MR. TOWNSEND: Thank you, Susan, and good morning to you, commissioners. CHAIRPERSON BERRY: Would you identify yourself, please? MR. TOWNSEND: I'm Dallas Townsend, former resident of Collier County, now I live in Hendry County. And I know this property well. I think it's probably the last opportunity you will ever have to preserve a site like this in Florida; not just south Florida, but Florida. I'm not going to retread some of the area that she's already discussed, but I would like to say that the family survived the hurricanes in 1926 and 1928. I happen to know that Mr. Roberts was in a palmetto patch during the whole hurricane of 1926. They survived the depression of the Thirties, the cattle tick fever of the Thirties, World War II frozen beef prices. You don't know what that does until you get your prices frozen. At any rate, screw worms came in in the Thirties as well, so you had to send cowhands out every day to rope calves to keep these screw worms from killing your calves. I personally -- I don't look this old, I know, but I worked in the summer of '53, '54, '55 and '56 on this ranch. And at the time I thought I was being worked to death, but I look back, and it was probably some of the best experience I ever had in my life. That ranch at one time encompassed 110,000 acres of Collier and Hendry County. And you must remember, they came in 1914, before Lee County was split into Collier and Hendry County and Lee County. And Mr. Robert Roberts, I believe, if I'm correct, was on the first Board of Commissioners. COHMISSIONER HAC'KIE: Yeah, that's true. MR. TOWNSEND: I'd like to mention that it's critical that we do preserve these sites like this, and I'd like to strongly urge you to take whatever action is necessary to support the Friends of the Roberts Ranch in its endeavor. I think it's critical for us. It's certainly going to enhance the environment of Immokalee there, give them additional opportunities to spring forth in another -- expand their economic base there. I'd be glad to answer any questions you might have. CHAIRPERSON BERRY: Any questions for Mr. Townsend? COHMISSIONER HAC'KIE: Just what was it like in '53 on the ranch? MR. TOWNSEND: Well, you went to work before the owls quit hollering, and they were already back on roost when you got back. It was a fun time of my life. COHMISSIONER HAC'KIE: I bet. CHAIRPERSON BERRY: Thank you very much. COHMISSIONER HANCOCK: I think it's kind of like boot camp. When you're there, you hate it, but you look back on it and say that wasn't so bad. COHMISSIONER HAC'KIE: Well, I certainly want to give staff direction to explore whatever possibilities there are for us to participate in preserving this property, hopefully through some grant-writing opportunities, and hopefully without spending Collier County property tax dollars. But in any event, to explore all the possibilities and bring them back to us, I'd like to give that direction today. CHAIRPERSON BERRY: Commissioner Constantine? COHMISSIONER CONSTANTINE: I don't mind exploring grant-writing opportunities, but I think the key part was not to expend tax dollars doing it. A big request for money outside of the budget cycle makes it very difficult for us to put it into perspective, as far as prioritizing. We have, as you know, it seems like a gazillion dollars every year that we have to put into different things, our Department of Health, our Parks and Recreation, our museum, and any number of things. And when these come up outside of the cycle, it makes it very difficult to prioritize and make sure that things are spent in their proper place. One of the things that -- I said this to the newspaper the other day, is I don't know that commercial development in Immokalee is necessarily a bad thing. One of the things we have worked so hard to do is have economic development in that area and now we're trying to discourage it. And so we have complained about the lack of jobs and the lack of things going on there, and so I don't know that it's necessarily a bad thing. As far as fundraising, there may have been good intentions, but thus far the fundraising effort has been very weak. And last year we made some commitments long-term, and we designated this historically significant, and there were some promises made to raise money to do some improvements to that property. And a year has passed. And so while I think the intentions are very good and I think the ideas are very good, I think it is time that we have some private funds step up to the plate and match this. While it may be a wonderful idea, good intentions don't pay the bills. And we need to have -- when we say we're sure there's money out there, we know there's money out there, well, we need to see some of that money to help pay for this. You know, it was only a month or two ago that the City of Naples was approached at the llth hour by the historical society on a very important building but said we'll be able to raise some money down the road, please buy this for us now, with a historically significant house in the city. And now we have this request. What will be it be next month and the month after and the month after? I just think it's a poor way of planning and expending. So I'm all for exploring grant opportunities and committing some staff time to that, but I don't think it's a wise expenditure of taxpayer dollars when it's outside the budget cycle. CHAIRPERSON BERRY: Commissioner Hancock? COHMISSIONER HANCOCK: I -- you know, until the last three or four years, with the exception of the creation of the Collier County Museum, there wasn't a lot of effort on the part of past county commissions to preserve any of the history of Collier County. And I guess I have a little different take as someone who worked as a tour guide in Hillsboro County and in Tampa, who learned the history of that area and was able to relay it to others, in that when we talk about people not having a connection to Naples because they came from somewhere else in the last seven years, sometimes you have to have the local history there for people to kind of arrive at that connection. And when they do, it makes a real big difference to how they become involved in the community, the depth they become involved and whatnot. I, like you, have been uncomfortable with, you know, looking at large dollar items, llth hour, the pressure's on, someone's going to buy it. But quite frankly, if county government doesn't recognize the importance of funding the preservation of some of the history of Collier County, I think to look solely at private sources to initiate that or to complete that is not something I want to do. I don't think we want to take the burden on 100 percent by any means, but I think if we can actually become the catalyst to create a situation that allows the preservation of this, then that's a role I would like to play. So I think what we'd like to look at is if we're going to give direction to our staff to come back with proposals, let's look at everything on that list and see which of those allows us to be that catalyst but not to be the end-all. Because if I understand correctly what I'm hearing, that's what's being asked of us. And the beauty of this is, is if we proceed down that road and acting as the catalyst we fail, but we already know the property's commercially viable and someone will want to buy it. So I don't think there's a question of whether or not we could recoup funds, I think there's a question of where those funds should come from appropriately and to what level. And that's something I would like to look at. If there are state and federal grants available, then by all means, let's tap those. But I want to say that the folks of the Historical Society, you kind of missed one point. If you called this green space, you'd get another 35 percent of the community with you. COHMISSIONER HAC'KIE: Okay. COHMISSIONER HANCOCK: So, you know, we can also throw that spin on it too, we're preserving green space in the urban area of Immokalee. COHMISSIONER HAC'KIE: Of Immokalee. COHMISSIONER CONSTANTINE: And just to clarify, Commissioner Hancock, you mentioned you don't think it should be 100 percent private money. Neither do I. But to date, there's been nearly none. COHMISSIONER HANCOCK: I understand. COHMISSIONER CONSTANTINE: And what I'm asking is, there has to be some private money step up to the plate to prove that there is a demand out there. COHMISSIONER HANCOCK: I don't disagree with you. I think your fiscal caution is well noted. And I think without it we would be derelict if we didn't consider those points. But I guess I just have -- I just feel a connection to -- and maybe, I don't know, being born and raised in Florida, maybe I just -- I feel it a little differently. And I just -- I think we need a connection here for people to understand what Collier County was all about in the past in order for them to understand where we are today and where we need to go in the future. And I'm very proud of what we've done with the museum and what we've done with the laundry facility in Everglades City. When I look back on what we've done, I mean, those are some of the things that stand out to me. And I think this has an opportunity. We may come to the end of this and say there isn't a way, but let's at least go down that road and see what our options are. Which I know you've said you don't object to that. And so let's at least find out what options are available. And I think then we can really have a total fiscal picture in front of us. CHAIRPERSON BERRY: I think one of the important things here that when we think of preserving something, quote, in the Naples -- we think of in the Naples area. The Naples area in itself is probably relatively new. But you're looking at a place over there that dates back a long, long time and has quite a history associated with it. There's a lot of possibilities that I could see that could be done with that ranch. I've had conversation with Mrs. Shetrod about those. Come from a state where they had a living farm and this is maintained particularly in the summertime by people who are volunteers for this kind of thing, and for kids who were born in the city that don't have an opportunity. And everybody laughs, but farms are disappearing as well. Ranches are another matter as well. But a farm -- the typical farm that used to be that I grew up on, not the several sections of land, but the 100-acre, 200-acre farms in the Midwest, these are quickly vanishing, because it's become big business, and they've had -- they've been absorbed by big corporations, and you don't have that kind of thing anymore. But they do have these places where you can go and people can observe. And our children that are born today that haven't had the experience that some of us have had, it is an opportunity for them to see living history. And it's a lot more fun to observe it that way, frankly, than it is to read about it in a book and to see how things actually transpired. There's a couple of things here that I would like to see us do. I am aware, and Mr. Jamro can probably elaborate a little more, and even Mrs. Shetrod. I know she's about to burst over there saying that there hasn't been any private monies coming forth. But there is a state organization, as I recall, Ron, when we were out at that meeting in Immokalee. If you'd come up here just a minute. If you could tell us just a little bit about how that works, and then -- it is one way that we can look at it. I'm just getting this for information for the commissioners. We're not going to decide that yes, that's it today, but it's something that maybe we could pursue. If you could -- MR. JAMRO: Good morning, commissioners. CHAIRPERSON BERRY: -- mention about that group that -- MR. JAMRO: Certainly. Ron Jamro, your museum director. And I don't know all the ins and outs of that, but it's the trust for public land use. They'll warehouse the property for you, get you some time, basically, and then sell it back to you for a small profit. In any direction that we go, we need to know one thing from this board, and that's your level of commitment. I can't sell a grant to anyone unless Collier County, the owner of the property, shows a serious commitment. And we can do that so easily. That's the tragedy of all this. Your tourist development revenues provide the source for a grant application. The minimum for a grant application is $50,000, you must have locally. The group, Friends of the -- of Roberts Ranch has on their own steam raised in excess of $25,000, so they have been busy. And I think there's more to come there, certainly. But what everyone is waiting for is the direction. I can paint all kinds of scenarios for you, but I'd rather do this project for you within three years with a substantial grant from the tourist tax revenues, which we'll then leverage against the state preservation grant and get this thing on the way. CHAIRPERSON BERRY: What I would like to see is the commission to support a direction philosophically that do you feel that this is important, and if so, then ask our staff to work with Mr. Jamro and others that he may be aware of and bring back some options for us as to how we might proceed in this direction. That is my question to the board, and that's what I'm asking for in that regard. Tim? COMMISSIONER HANCOCK: Commissioner Berry, I agree with you 100 percent. I think we need to be -- maybe not today, but proceed in a more formal direction than that. This is much like beach parking in a sense that we all talk about it, we all want to fund it, but we have not developed a policy to approach. Whether it be beach parking or the preservation of historical sites or whatnot, we don't have a board policy to approach in this. So not only do you have my support to move ahead today on this and to try and find a way to make this happen, but I want to go one step further and let's use this as a way to develop a historical preservation policy that this board will have to follow so that we can make decisions in an overall scope in the future, instead of piece by piece by piece. COMMISSIONER CONSTANTINE: That I'm -- CHAIRPERSON BERRY: And with that -- COMMISSIONER CONSTANTINE: -- much more comfortable with. CHAIRPERSON BERRY: And with that, perhaps giving us some alternatives in regard to funding sources -- COMMISSIONER MAC'KIE: Excellent. CHAIRPERSON BERRY: -- at the same time. It's got to go together. You can have the policy and we can sit here and say gee, we really support this and we want it. But at the same time, we've got to have the funding policy to go along. COMMISSIONER CONSTANTINE: And that's my concern. I appreciate that, because that's my concern. It isn't that this isn't important or trying to preserve our history isn't important. It's that we don't have -- we're not doing it with any rhyme or reason, we're just doing it piecemeal. And I think in order to make sure that those things that we do preserve are the most historically significant, or that the expenditures we make are a high priority, we need to have some sort of policy in place. That's my concern. COMMISSIONER HANCOCK: And we could use our own historical and archeological group that is our advisory board on this to help us develop that policy. CHAIRPERSON BERRY: Okay. Commissioner Norris? COMMISSIONER NORRIS: Yes. Well, one week ago I was out driving out west and I drove through Oklahoma, which has several of these ranch facilities that are open to the public. I stopped in at the Pawnee Bill Museum. That was an old wild west show, and the old ranch house is still there. CHAIRPERSON BERRY: Very old. COMHISSIONER CONSTANTINE: Inspired you to grow that mustache? COMMISSIONER NORRIS: I got a souvenir from my wild west trip here. And I toured a couple of them, actually. And I -- one of the things that I was thinking about was that I was so very glad that somebody had the foresight to preserve these places. And I enjoyed the trip and the visits to these places very much. But once again, I have to agree with what I'm hearing on the board is funding now. Sitting here in this commissioner's chair, funding is going to be the most important thing. I need to know who's going to be responsible for the maintenance, who's going to be responsible for the restoration, who's going to be responsible for the operation, how is all this going to be funded, what are the long-term plans, do we have a business plan in place for it, how is it going to be operated, who's going to operate it? All these types of questions when we come -- when the information is developed to come back. That's the sort of thing I'm going to be looking for. MR. JAMRO: If I may, Commissioner, you've already solved a lot of problems for us when you converted the museum operation and also Everglades City to again tourist type revenues and actually provided a mechanism for those funds to come to the museum with the result that the entire museum operation does not cost the taxpayer of Collier County ten cents. It costs nothing. So -- COMMISSIONER NORRIS: Well, I understand that, Mr. Jamro, but now we're trying -- or we're saying we're going to add a big piece to that pie, and what's going to be the impact of that? I need to know all of those things. COMMISSIONER CONSTANTINE: Apparently we just take tourist tax money away from everything else. Mr. Weigel, the taxpayer -- the tourist tax money, can that be expended on capital purchases -- COMMISSIONER MAC'KIE: I just happen to have the statute. COMMISSIONER CONSTANTINE: -- as it's currently written? MR. WEIGEL: Yeah, off the top of my head, I don't know if Ms. Ashton wishes to jump in there. I'd defer to say no at this point. I MS. ASHTON: Well, concerning museums, this statute does specifically authorize the acquisition, construction, operation, et cetera, for county-owned museums or museums which are owned by not-for-profit entities but open to the public. Now, our ordinance, though, limits it to county-owned museums -- COMMISSIONER MAC'KIE: Which is -- MS. ASHTON: -- to answer your question. COMMISSIONER CONSTANTINE: Right. COMMISSIONER MAC'KIE: -- something that we'll be talking about again in a minute. COMMISSIONER CONSTANTINE: So we can buy anything on the planet, as long as we label it a museum? We can go and purchase a building, we can purchase property, we can -- COMMISSIONER MAC'KIE: Can I just read it? It's a sentence. COMMISSIONER CONSTANTINE: Sure. And then I'd like to hear from our county attorney. COMMISSIONER MAC'KIE: To acquire, construct .... To acquire, construct, extend, enlarge, remodel, repair, improve, maintain, operate or promote museums that are publicly owned and operated or owned and operated by not-for-profit organizations and open to the public." COHMISSIONER CONSTANTINE: Because -- COHMISSIONER HAC'KIE: There's like no limit. COHMISSIONER CONSTANTINE: -- theoretically, couldn't we label a number of our buildings museums? COHMISSIONER HAC'KIE: This is starting to look like a museum to me. COHMISSIONER CONSTANTINE: The -- I mean, that sounds far-fetched, but seriously, if you pick up some sort of parks property that happens to be located in the middle of a park, couldn't you stretch that to a number of expenditures if we use that interpretation? And might we want to explore that down the road? COHMISSIONER HANCOCK: Realistically, I think the intent when we adopted that ordinance was solely for true museums. And, you know, I think yes, it could be expanded, but we're kind of having the funding discussion now, in a sense, and I think what we need to -- CHAIRPERSON BERRY: We shouldn't be doing that. COHMISSIONER HANCOCK: -- look at is what the options available are. Because rather than having this discussion focus on tourist taxes, let's step back and look at all of the options. And there may be a combination of them that through the growth of our tourist tax revenues -- and that's something we're forgetting here. Tourist tax revenues are not fixed. If we use that money wisely, they will grow. And as they grow, more money becomes available for the existing categories we've been using it for. So I guess I just -- I think we're getting to the funding discussion a little bit early, because I have a lot of questions myself, but I would rather put that charge upon those people that are supporting this to go out and find those options and present them to us so that we can then have that specific funding discussion. COHMISSIONER CONSTANTINE: Commissioner Hac'Kie, you seemed to have a direction you were suggesting before? COHMISSIONER HAC'KIE: I was just suggesting that we direct staff to explore all the possibilities for funding options, and that we go ahead and state up front that we would like for property taxes to be at the very bottom of that list -- COHMISSIONER NORRIS: Off the list. COHMISSIONER HAC'KIE: -- or off the list. COHMISSIONER CONSTANTINE: Off the list. COHMISSIONER HAC'KIE: Even better, off the list. I'm willing to say at the bottom of the list, personally. But that we ask them to explore all the funding options. And in addition, Commissioner Hancock's idea about the policy for historic preservation in this county, that both of those be given to staff as directions to bring back to us in a couple of weeks. COHMISSIONER CONSTANTINE: I'll support that direction if we can take property taxes off the list. COHMISSIONER HANCOCK: I'm going to second the motion as it stands, because we may be able to, you know, use available or budgeted funds in the future for historic preservation with either a potential repayment, or use them to leverage grant funds. COHMISSIONER HAC'KIE: Right. COHMISSIONER HANCOCK: And I don't want to take that entirely as an option. So I think by leaving it at the bottom of the list, our priorities are clear, but I don't want to exclude it entirely as an option. COHMISSIONER NORRIS: I think something -- CHAIRPERSON BERRY: Commissioner Norris? COHMISSIONER NORRIS: -- has made our public services director nervous over there. He wants to jump in and say something. MR. OLLIFF: For the record, Tom Olliff. Somehow I think I'm going to get involved in developing part of this report, anyway, so I thought I would like to clarify it, at least. When you're talking about property taxes, I know one of the options that's been talked about was the creation of a taxing district. And if the community was interested in supporting this as one of the cogs in part of its economic development package, which I think there is certainly a committee of support out there for that as far as the Lake Trafford, Roberts Ranch and some other issues, that that's at least an option we would like to be able to include for your consideration when we come back. CHAIRPERSON BERRY: I think that -- COHMISSIONER HANCOCK: That sounds good. COHMISSIONER HAC'KIE: Excellent. CHAIRPERSON BERRY: And I think that might be agreeable to the area. COHMISSIONER NORRIS: That's a prudent -- CHAIRPERSON BERRY: So I think we need to throw that into the mix when we start considering all the options. COHMISSIONER NORRIS: The Mayor of Immokalee is nodding in the affirmative over there. COHMISSIONER HAC'KIE: Thank you, Ann. That's Fred. COHMISSIONER HANCOCK: Fred won't take it, Ann, so you've got it. CHAIRPERSON BERRY: Okay. I think you have heard our discussion up here, you know the direction that we're moving at this point in time and the direction we have given our staff, and we'll proceed from there. And we will stay in communication, okay? Thank you very much. Thanks, Ron. COHMISSIONER HANCOCK: Yeah, I apologize. There was a motion and second I guess that was inappropriate there -- CHAIRPERSON BERRY: Okay. COHMISSIONER HANCOCK: It was just staff direction. CHAIRPERSON BERRY: It's staff direction at this point in time, because normally you don't take action -- COHMISSIONER HAC'KIE: That's right. CHAIRPERSON BERRY: -- on a public petition. So there's no need to vote. I think it was a consensus up here by enough nodding heads. So I think you all got the picture. COHMISSIONER CONSTANTINE: For your more reflective act of an old Chevrolet. (Phonetic.) CHAIRPERSON BERRY: That's right. Thank you very much. Item #SA1 FUNDING COLLIER COUNTY AIRPORT AUTHORITY $89,985; NAPLES AREA CHAMBER OF COHMERCE, $47,000; TOURISH ALLIANCE OF COLLIER COUNTY; $1,195,429; AND UNITED ARTS COUNCIL OF COLLIER COUNTY $13,165 IN TOURIST DEVELOPMENT ADVERTISING/PROMOTIONS FUND (bl); GULF COAST BOWLING COUNCILPRO-AM, $13,718; AND GULF COAST BOWLING COUNCIL BOWLING TOURNAMENT $25,000 IN TOURIST DEVELOPMENT SPECIAL EVENTS FUNDS (B2) - STAFF RECOHMENDATION APPROVED AND STAFF TO PREPARE POLICY REGARDING CERTIFIED FINANCIAL STATEMENTS Next item on the agenda. Hr. Hihalic? COHMISSIONER CONSTANTINE: Move staff recommendation. CHAIRPERSON BERRY: Whoa, whoa, whoa, whoa, whoa. COHMISSIONER CONSTANTINE: Just trying to help. Just trying to expedite matters. COHMISSIONER HAC'KIE: And there's great news. I mean, you're just probably already informed about, you know, that there's peace in the Middle East actually here in the tourism industry. Everybody's made happy, everybody has agreed on how the money -- what the recommendations are. And I'd like to support them too. I do have a question -- COHMISSIONER NORRIS: I have one question. CHAIRPERSON BERRY: Commissioner Norris? COHMISSIONER NORRIS: I just want to make sure that we're -- as part of Commissioner Constantine's motion, that 40 percent of the grant does go to Marco Island, right? CHAIRPERSON BERRY: That is in the grant. COHMISSIONER NORRIS: Marco Island and the Everglades? That's the way it's written. MR. SHYKOWSKI: Yes, Commissioner. The Tourism Alliance, which is a consortium of the groups that make up the advertising and promotion, have decided to break it out 60 percent to 40 percent. COHMISSIONER NORRIS: That's fine. CHAIRPERSON BERRY: Okay. COHMISSIONER NORRIS: And I'll second it then. COHMISSIONER HAC'KIE: And I had a question. CHAIRPERSON BERRY: So do I. Go ahead. COHMISSIONER HAC'KIE: My question was more general. On the direction that -- the discussion that we had previously where Commissioner Constantine had the proposal, but now we're going to fund for study about how -- COHMISSIONER CONSTANTINE: That's not this item. COHMISSIONER HAC'KIE: Not this item, but on a related item. I'm sort of segueing into a question that I needed to get before the board. And that was as we discussed that item, we also discussed the possibility of amending the ordinance to allow for tourist tax money to be spent on privately owned museums that are owned by not-for-profit agencies and available to the public, which is why I happened to have this little statute here with me today. My wish -- or my understanding, and it is certainly my wish, was when we discussed this last time, that there was certainly direction that the marketing phase of the tax had to be studied. But I was hopeful that this smaller issue about the museum could go ahead and be drafted as an ordinance amendment. When I looked back over the minutes of the meeting, I couldn't find something to underline and show to Ms. Ashton and Mr. Weigel and say you should be drafting this amendment. Was that just my understanding, or is there consensus on the board that we would go ahead and be doing the museum -- COHMISSIONER CONSTANTINE: Can I make a suggestion that we do the agenda item at hand and then have that discussion under BCC? Because I think we do want to make sure we do whatever the board -- COHMISSIONER HAC'KIE: Just seemed like while we were on the issue of the tourist -- I don't care where we discuss it, but having just -- you don't want to hear me make this spiel again, do you, when we get to BCC communications? COHMISSIONER HANCOCK: No. COMMISSIONER CONSTANTINE: No, I don't feel like you have to repeat it. COMMISSIONER MAC'KIE: I'm clear on that. But is there any objection to the county attorney going ahead and drafting that small amendment to the ordinance? CHAIRPERSON BERRY: I don't have any problem. COMMISSIONER HANCOCK: It's going to be drafted and come back for consideration -- COMMISSIONER MAC'KIE: Right. COMMISSIONER HANCOCK: -- so no -- CHAIRPERSON BERRY: Right. COMMISSIONER HANCOCK: -- I don't have any problem. COMMISSIONER MAC'KIE: Thanks. CHAIRPERSON BERRY: Draft it so we can read it. COMMISSIONER MAC'KIE: They had just asked for clarification. Okay. CHAIRPERSON BERRY: Okay, I -- COMMISSIONER HANCOCK: Question. CHAIRPERSON BERRY: -- do have a -- COMMISSIONER HANCOCK: Go ahead. CHAIRPERSON BERRY: No, go ahead, Commissioner Hancock. COMMISSIONER HANCOCK: Mr. Mihalic, maybe you could help me understand this a little bit better. MR. MIHALIC: Yes, Commissioner. COMMISSIONER HANCOCK: The Gulf Coast Bowling Council requested and was approved by the TDC two separate amounts, one for a bowling tournament at $25,000, and one for a Pro Am at $13,718. So the total net to the tournament is 38,000 and change? MR. MIHALIC: Yes, Commissioner. COMMISSIONER HANCOCK: Why do we have two applications? Was it because there's a limit of $25,000 per application? MR. MIHALIC: Because if it was over $25,000, they could only use the funds for advertising expenditures. They had other costs that they wanted to have covered, and that would be in your appendix A. If you'd like me to go over those costs, I can. COMMISSIONER HANCOCK: I did. And quite frankly, it's an end run. And I just -- I'm not comfortable with it. The $25,000 I don't have a single problem with, but the application -- the dual applications in my opinion is an end run around the reason why we set a limit at $25,000 for those types of events, and I'm not comfortable with that. COMMISSIONER CONSTANTINE: And I've talked with them a little bit on this, and I'm going to tell you, I am comfortable for a couple of reasons, and I'd ask you to keep your mind open on this, in that they are two distinctive events. The Pro Am brings in a number of people who don't necessarily stay or participate through the other events. So they have two distinct events. But more importantly, this is one of those events where we've taken a lot of criticism for category C for the failures. This is one event that has been a smashing success year after year after year. And I know you had raised a question once before about weaning people off and making sure it's seed money up front, but I think this is our first year of the funding -- in this event, the funding being lower, and we are actually in that weaning process. But it has been dollar for dollar, I would say, the single most successful event we've had, when you look at how much money we've spent on other ones for such little turnaround in beds, and a relatively small amount of money here for 1,500 beds or more each time. So I'd ask you to stay with that. And I think probably as part of the preparation, we could make sure that if you're uncomfortable with that, that it doesn't go through again, but I think to make sure this event carries through with the same success it has in the past, and recognizing there are two distinct events there, I'd ask you to go ahead and support it. COHMISSIONER HANCOCK: I appreciate that. And I'm not making any derogatory statements about the event, because I agree with you, it has been a good event. I just -- somebody wants $50,000 for an event, we're going to see two applications each for $25,000. And I know the two are different, but I look at the amount being requested and expended on the Pro Am, when the real -- the real benefit to us has been the actual event itself. The Pro Am I think has not really shared in as much success as the event. And so the Pro Am application is what I'm uncomfortable with. I'm not going to make any more of a point of it than that, you know. I'll consider your comments when -- as it comes, but I'm just -- I just -- that just struck me as something I wasn't comfortable with. CHAIRPERSON BERRY: Okay, one further question that I have. In looking at -- if you'll go, commissioners, to page eight in the grant applications. Actually, it's on page nine. And I have a question for Visit Naples. So Tammy, you might want to come up here and answer a question for me. Since you're the chief in charge, you get to answer the tough questions. When I looked at this and looked at the information on page nine, it says applications must be accompanied by the following, and the verification of nonprofit status, which you've complied with that, you've complied with the incorporation papers. One thing I am concerned about, because of the amount of money -- I mean, we're not looking at 25,000, or $50,000, we're looking at a million point one something or other here -- is do you have any audited financial statements of the Visit Naples group itself? Now, I'm not talking about how you've spent your money, I mean, whether you've spent your money correctly or not, but do you have some audited financial statements of Visit Naples? MS. MATTHEWS: Tammy Matthews, for the record, from Visit Naples, Inc. No, I do not have audited statements. We use an accountant. And as per the county attorney last year, the standard agreement with the county has been changed to where a verifiable or a certified audit is not required. You are required to have your books open to the county for three years. CHAIRPERSON BERRY: Do you have some statements that you could provide and have on file? MS. MATTHEWS: Yes, ma'am. CHAIRPERSON BERRY: Okay. What -- are you on a calendar year and HS. MATTHEWS: We're on a fiscal year. CHAIRPERSON BERRY: You're on a fiscal year? MS. MATTHEWS: We changed our -- we were incorporated in January of '97. We changed our calendar accounting system to a fiscal year in '97. CHAIRPERSON BERRY: Okay. I would like to see the commission adopt some kind of a policy in regard -- when you're handing out these kinds of dollars, anything over $100,000, I think it would be in our best interest if we did have an audited financial statement of the group that's requesting the money. COHMISSIONER HAC'KIE: I agree. CHAIRPERSON BERRY: I think that we're holding ourselves out and liable in a situation where I don't think we need to be. And I think it would be in our best interest if we would create this policy to get that done. I would personally like to see you have a certified statement of your financial stability, but at this point in time, since this is kind of a new thing, at least get the financial statement that you have, make sure that it's on file with Mr. Hihalic. MS. MATTHEWS: Yes, ma'am. CHAIRPERSON BERRY: Okay? MS. MATTHEWS: And I believe when we -- when we changed that standard contract that had to do with the county, I think it was in Hay of '97. COHMISSIONER HANCOCK: Seven. MS. MATTHEWS: I think I've got the ordinance change, in fact. And it was because it could not determine what was required for a certifiable or a verifiable audit, and that was why the standard agreement was changed for all the events and the B-1 money at that time. CHAIRPERSON BERRY: Right. Well -- COHMISSIONER HANCOCK: That was the one that preceded the change to the category C events also, from the meetings I had with the clerk and with his finance director, you know, how -- you know, what kind of audit, how do you specify it, how do you define it. I mean, it was a nebulous type of thing. CHAIRPERSON BERRY: What I'm looking for is the group itself. So that -- COMMISSIONER MAC'KIE: Not the event. CHAIRPERSON BERRY: -- there is -- not the event. I'm not looking for the event, accounting and auditing. And I don't want that to be confused. I'm looking for the group itself that is asking for the money and that's going to be overseeing the spending of this money. I want to know of your financial stability as a group, okay? And the -- MS. MATTHEWS: Okay. CHAIRPERSON BERRY: -- same thing would be true because this is a 60/40 split, I believe. COMMISSIONER MAC'KIE: Uh-huh. MS. MATTHEWS: Uh-huh. CHAIRPERSON BERRY: The same thing would be true with the CVB. And I believe you do have -- you have audited statements, is my understanding? MS. MATTHEWS: Yes. CHAIRPERSON BERRY: Okay, they have those statements available, and those should be filed as well, so we know exactly the stability of the group. I'm sorry, guys, we've got to protect ourselves and this money, and I -- MS. MATTHEWS: Absolutely. CHAIRPERSON BERRY: -- think that this is one way that we can do it. MS. MATTHEWS: Certainly. COMMISSIONER HANCOCK: Madam Chair, I don't disagree at all, but if we want to make a condition of this approval, that's fine, but we need to have that policy statement in place soon. CHAIRPERSON BERRY: Oh, well, what I'm saying is from here on. And I would like to see a policy statement come forward. We're not going to penalize them because they both -- they have the certified statements. The other group can get us some financial statements that are going to say that hopefully that the -- MS. MATTHEWS: Correct. And, in fact, this year, the end of September will be the first fiscal -- total fiscal year for Visit Naples' existence, so -- CHAIRPERSON BERRY: Okay. MS. MATTHEWS: -- in the past we had a nine-month accounting that was filed for our federal income taxes, and this year will be our first full year -- CHAIRPERSON BERRY: Okay. MS. MATTHEWS: -- as of September. CHAIRPERSON BERRY: And I would strongly suggest in the future that you might want to consider, as a matter of doing business, that you get a certified statement. COHMISSIONER MAC'KIE: Well, it sounds like we're going to adopt it as a policy for the board, that if -- CHAIRPERSON BERRY: I think it's necessary. COHMISSIONER MAC'KIE: -- we're gonna get more than $100,000 -- CHAIRPERSON BERRY: Absolutely. I think that that's just doing good business. COHMISSIONER HANCOCK: Good point, Madam Chairman. CHAIRPERSON BERRY: Okay, that's all I needed. Thanks, Tammy. Okay. Motion, Mr. Constantine? COHMISSIONER NORRIS: Second, Mr. Norris. CHAIRPERSON BERRY: Okay, we have a motion -- COHMISSIONER NORRIS: Speakers. CHAIRPERSON BERRY: -- and a second. Do we have any speakers on this item? MR. FERNANDEZ: Yes, Madam Chairman. The first speaker is Richard Helick. MR. HELICK: Thank you, Madam Chairman and members of the commission. My name is Richard Helick, H-E-L-I-C-K. I'm band manager of Naples concert band. And I will have two thoughts to share with you today. The first is to support the approval of these grants. And the reason that we take that position -- and we are not a grant application, so we're not here beating our own drum. We have been in the past and we thank you for your support. COHMISSIONER HANCOCK: We'd rather you be beating your own drum, actually. It's more enjoyable. MR. HELICK: As a non-musician, you wouldn't like it. I think the reason I'm a band manager is I'm not a musician, so they don't have to worry about me sneaking into somebody's empty seat at rehearsal. But we appreciate your help with Marco last year. Mr. Norris supported your granting us a waiver on the signage. So you have supported us in the past, but we're not asking support for ourselves at this time. But the first point is that the tourist season is on us, and these folks who have requested grants need these funds to start. Our first concert is at Cambier on October 25th. And as a matter of interest, it's tied into the 75th anniversary of the City of Naples. It's going to be expanded to all of the musicians, of which will be -- well, it's hard to tell this time of the year. We have a membership of 90 musicians, seats 75 to 85 in season, and we only have 65 in October. But they'll all be in costume. We're encouraging adults and children to come in costume, and there'll be skits and a lot of fun things for the children. But that planning started last June. And it's way underway now. I'll spend a couple days a week on it. And these other organizations I'm sure are in the exact same place. And if I understand it correctly, the tourist funds have been collected, they've been segregated, they've been subject to a review of the grant applications, and the only thing that is left is for you to pass judgment on these recommendations. And we would encourage you to do it so that these organizations can go forward, which they need to be doing with great expediency. The other comment I wanted to share with you is simply to say that the Naples concert band is alive and well. We expect to see you again at some time. We seat in seven free Sunday concerts in Cambier Park in season 5,000 people. We're going to have a little more space this year for a physical reason, and I hope that we may even exceed 5,000. We had been 300 at Marco two years ago, and did a lot different presentation to the island last year and increased the attendance from 300 to 1,500. And I'm sure that we'll do better than that in Marco. But the band is expanding its services to the community beyond these concerts. We will have an indoor concert on April 3 in the City of Naples. But the president has taken it upon himself to sponsor an inside of the band program to go in the elementary and middle schools, particularly the fifth graders, and take a group of musicians and just have a fun time with them, show them what the instruments can make as a sound and then what they can do as a note and play together and get participation with the students. So that's a whole new program which is -- the ground's laid for it and it will be very active this year. In addition to that, we now have -- CHAIRPERSON BERRY: Mr. Melick, I hate to interrupt you, but this actually has to do -- we would love to have you come back to talk to us at the end of one of our meetings where we have some -- or actually in a little bit where we have public comments. You're welcome at that point in time to perhaps tell us something in that regard. But right now we've got to deal with these particular issues. MR. MELICK: I accept your ruling. I'm off the base. I just wanted to let you know that we'll be back some day, because we're expanding programs. CHAIRPERSON BERRY: Very good. MR. MELICK: Thank you very much. CHAIRPERSON BERRY: Thank you very much. Okay, commissioners? MR. FERNANDEZ: Next speaker is Craig Woodward, and then Joy Lelonek. COMMISSIONER CONSTANTINE: Are you going to talk us out of this? COMMISSIONER MAC'KIE: Feel free to waive your opportunity to speak. MR. WOODWARD: Very, very, briefly. Craig Woodward, I'm an attorney on Marco, past president of the chamber on Marco, and also sit on the Marco and the Everglades CVB. And we would like you to support our application here. We were asked by one of the commissioners how much local support we have, and we -- I think some of you got a booklet which had letters from people on Marco and in Everglades City. There was quite a variety from restaurants, hairdressers, title companies, condo managers, dentists, and I was myself quite surprised at how many people are familiar with our work that we do as volunteers for the community and how much tourism impact we've had. We think it's -- it's been going on for five years. We have a lot of ongoing programs, and we just are here today to thank you for your support. CHAIRPERSON BERRY: Thank you. MR. FERNANDEZ: Joy Lelonek, and then Steve Wheeler. MS. LELONEK: For the record, my name is Joy Lelonek. I'm the executive director of the United Arts Council, and I am here pounding my drum. I'm asking you to please accept the recommendation of the Tourist Development Council for both the B-1 and the B-2 funding. But more importantly, I'm urging the commissioners to look very carefully at future tourist development tax dollars and to make sure that there is strength and diversity in Collier County. And as a representative of 36 arts groups -- and if you're uncomfortable with that, I'll bring the other 35 in. But I would like to ask you to please think about the cultural enrichment that Collier County offers, not only for the residents, but for the tourists and the tourist dollars that they bring in. Thank you. CHAIRPERSON BERRY: Thank you. MR. FERNANDEZ: Next speaker is Steve Wheeler, and then Carlton Pase. CHAIRPERSON BERRY: Steve -- COMMISSIONER MAC'KIE: Steve's -- CHAIRPERSON BERRY: Let the record reflect that Mr. Wheeler waived his speaking. And Carlton Pace did as well. COMMISSIONER HANCOCK: Two big fat gold stars. MR. FERNANDEZ: That's your final speaker, Madam Chairman. CHAIRPERSON BERRY: And that concludes our public speakers on this. Commissioners, we have a motion and a second. If there's no -- Commissioner Hancock? COMMISSIONER HANCOCK: Madam Chair, I just want to clarify, I'm not going to support the motion because I -- 13,000 for the Gulf Coast Bowling Council Pro Am are funds that I would like to pull out. I seem to be alone on that. But that was the only reason that I am objecting to the motion. CHAIRPERSON BERRY: Okay. All right, all in favor? COMMISSIONER MAC'KIE: Aye. COMMISSIONER CONSTANTINE: Aye. COMMISSIONER NORRIS: Aye. CHAIRPERSON BERRY: Aye. Opposed? COMMISSIONER HANCOCK: Aye. CHAIRPERSON BERRY: Motion carries four-one. MR. MIHALIC: Thank you, commissioners. CHAIRPERSON BERRY: Commissioner, I have to -- at 12:00 I have to be in the elections office for a canvassing board meeting -- COMMISSIONER HANCOCK: Oh, that's right. CHAIRPERSON BERRY: -- and we're at 10 minutes to 12:00 right now. So I don't see another way, then we'll have to take that break and then come back -- COMMISSIONER CONSTANTINE: Can we go through some of the appointments then? Because they should all take 30 seconds each. COHHISSIONER HAC'KIE: Actually, the city partnership issue would take even less. COHMISSIONER NORRIS: I'm not so sure. COHMISSIONER CONSTANTINE: And at least that way -- COHMISSIONER NORRIS: I have a lot to say about that. COMMISSIONER MAC'KIE: You do? CHAIRPERSON BERRY: Well, I think there's going to be some discussion perhaps about that. COMMISSIONER NORRIS: There will be a lot of discussion on that one. COMMISSIONER MAC'KIE: Fine, okay. My mistake. CHAIRPERSON BERRY: I think we'd better stay with the agenda. We're just going to take the break now and go to lunch and then we will come back. COMMISSIONER HANCOCK: A chance for everybody to go vote who's been here all morning. CHAIRPERSON BERRY: Yeah, if you haven't voted, this is a perfect opportunity for you to go vote. (Luncheon recess.) Item #SB1 REPORT TO THE BCC ON THE RESULTS AND RECOHMENDATIONS OF THE ANNUAL COUNTYWIDE TRAFFIC SIGNAL WARRANT STUDY PROGRAM - APPROVED CHAIRPERSON BERRY: We'll reconvene the Board of County Commissioners' meeting, and starting off with item 8(B), Mr. Kant. MR. KANT: Good afternoon, commissioners, Edward Kant, transportation services director. Two things: First off, welcome back from vacation. Second, there is a minor misstatement in the bottom of the first page of the executive summary. Refers to 11 intersections, should refer to nine. And ordinarily this particular item, which is the results of the -- and recommendations on the annual county-wide traffic signal warrant study program are a consent agenda item. However, this year we chose to take it off the consent agenda, because the policy for installation of signals was originally approved by this board in June of 1992, and over the last six years and having had an opportunity to work with that policy and to implement it, we found at the staff level that there are times when it gets a little awkward. So we made a few minor revisions that we're asking as part of the approval today to approve this revised policy. Just let me point out the three major -- the three major minor revisions -- thank you -- on the first -- that's attachment number two in the package. Item number two originally required three of the five major warrants to be met. And in this case, we are merely referring to what those five major warrants are in conjunction with a professional engineering study. On the next page, item four indicates that prior to the installation of a signal, we would prefer to go with some median modifications, if appropriate, rather than immediately going to signalization. And the last item indicates that -- it's very similar to what was in the previous policy, but instead of permitting the signal to be installed at the construction stage, we are indicating we would like to have it installed or designed as part of the design phase, which we believe is going to lead to a little bit more efficient installation of signals. As far as the signals themselves, in the executive summary we've listed the nine locations that we're recommending as part of our capital program. Very quickly, there is -- of the nine, one of them is solely related to volume, three of them are related to school locations, two of them are related to crash history, two of them are on the basis of operational improvements, and one is on the basis of side street delay. Typically side street delay would not be one of the major warrants that we would consider, but because of the location of this particular signal, we believe that it is appropriate in this case, and that's another reason why we're asking for the revised policy. Funds have been budgeted in the next fiscal year in the amount of $500,000 in gas tax fund 313. Typically we run about half a million dollars a year. There are years when we do fewer signals. But one of the things that we're finding is that as we install signals and we have more opportunities for interconnects, the costs of the individual signals do go up. If you have any questions, I'll be glad to try to answer them at this time. CHAIRPERSON BERRY: Commissioner Hancock? COHMISSIONER HANCOCK: Mr. Kant, and I'm sorry, I wasn't paying attention as I drove through yesterday. U.S. 41 and Pelican Bay Boulevard North, has that signal been installed? MR. KANT: Pelican Bay Boulevard North. No, it hasn't been installed. It's been approved by FDOT, and I believe the holdup on that is the master arms, or the -- or it may be -- not master arm, the steel strain poles. COHMISSIONER HANCOCK: Okay. MR. KANT: Yeah. But no, that has been approved, and we've just -- that's been a tough signal to get in place because of some of the COHMISSIONER HANCOCK: Future widening and everything under the sun really coming into play there? MR. KANT: One of the things we had to do, of course, was design it for the six-laning. COHMISSIONER HANCOCK: Right, okay. And that is in the current year funding? MR. KANT: That's correct, yes, sir. I don't think it's going to get done this current year, but we're -- COHMISSIONER HANCOCK: But then money will carry over -- MR. KANT: -- if it doesn't, we'll have to roll it over -- COHMISSIONER HANCOCK: -- to the next year. MR. KANT: That's correct. COHMISSIONER HANCOCK: Thank you very much. CHAIRPERSON BERRY: Commissioner Constantine? COHMISSIONER CONSTANTINE: Hove staff recommendation. COMMISSIONER MAC'KIE: Second. CHAIRPERSON BERRY: We have a motion and a second for the recommendation from staff regarding signalization. I'm very delighted to see a couple of these on here, Ed. I thank you so very much. And any of you people out in TV land, Immokalee Road at Wilson Boulevard, that's going to be a nice -- MR. KANT: If I may take just a couple of seconds, commissioners. I had an opportunity this morning -- Mr. Tears from the Big Cypress Basin was here, and I was discussing this particular location with him, because you may not be aware of the fact that just on the east side of that intersection, there's a large box culvert which crosses under County Road 846, Immokalee Road, which to my recollection I think I once saw water in it 15 or 20 years ago, but it doesn't get a lot of water. And he and I discussed it, and he indicated that they would work with us to try to expedite any permitting that might be required, because that culvert will have to be lengthened in order to get enough pavement in there to accommodate the signal. But I just wanted to point out that we've begun to develop -- or I should say have developed I think a very good working relationship with the Basin and with the district with respect to some of these signal installations, because sometimes we have to tread on their property, and they've been very good about working with us. CHAIRPERSON BERRY: Right, thank you. And I will -- just as a note here to fellow commissioners, I will be coming back to you in a few meetings from now requesting that we take another look at some of our priorities in regard to some of our roads. COMMISSIONER MAC'KIE: Oh, good. CHAIRPERSON BERRY: So at any rate, we have a motion, we have a second for approval of this item. All in favor -- do we have any public speakers? I'm sorry. MR. FERNANDEZ: No public speakers. CHAIRPERSON BERRY: Okay, all in favor? Opposed? (No response.) CHAIRPERSON BERRY: Motion carries five-zero. MR. KANT: Thank you, commissioners. CHAIRPERSON BERRY: Thank you so much. Item #SD1 INTERLOCAL AGREEMENT BETWEEN THE CITY OF ANPLES AND COLLIER COUNTY FOR THE ADVANCED LIFE SUPPORT ENGINE PARTNERSHIP PROGRAM - APPROVED Moving on then to item 8(D)(1), approve an interlocal agreement between the City of Naples and Collier County for the advanced life support engine partnership program. MS. FLAGG: Good afternoon, commissioners, Madam Chair. Diane Flagg, chief of emergency services, for the record. The item before you this afternoon is to request board approval to approve the interlocal agreement between the City of Naples and Collier County for an advanced life support partnership program. The partnership will enhance the current single emergency vehicle response program by providing rapid advanced life support responses to second due 9-1-1 emergencies, and will continue to maintain the high quality of county EHS paramedic services. The program was presented at a county commission workshop on Hay 21st. The chairman of the fire service steering committee for the independent fire districts, Dr. Woodruff, and subsequently the City Council, have executed the interlocal agreement. With board's approval, we'll move forward with this. CHAIRPERSON BERRY: Commissioner Hancock? COHMISSIONER HANCOCK: One of the concerns that has been expressed by at least one independent fire district, and I've heard it publicly stated, is that, you know, at times when a fire engine will get there first they express concern about, you know, being very limited in what they can do. So we struggle with the fact that we have such an extremely high level of training required of our county paramedics and our EHS personnel in general, and how that kind of training to obtain that for the entire fire service is just something that can't happen. I see this as a way of providing an extremely high level of consistent patient care, regardless of which vehicle shows up on the scene first, and to take that element of the argument, at least within the city, and say that's no longer an issue. Because now those individuals that have had paramedic training would have not been Tober-ized, as we call it, will have someone on scene that does have that qualification and can actually work as a unit. I know there are some issues here about having county personnel performing fireman duties. But I think that's answered if you look at Golden Gate. Sometimes when you have a single person responding with an engine on scene, it's not unusual for our EHS people to pull hose to help them get their job done. They worked together on scene in the past, they will in the future. But I think this is going to go a long way towards -- at least in the city, to let us take a -- make an effort and see if this works in getting us completely consistent patient care, regardless of what vehicle shows up first. And I want to thank the city for their participation, and Mr. Rambosk, I can see you here in the audience, thank you for working with Ms. Flagg on this. CHAIRPERSON BERRY: Commissioner Norris? COMMISSIONER NORRIS: Okay. I had the same objections that I did before when we discussed this before. Really essentially two major objections. One is that we are giving up a fully trained paramedic to the City of Naples in return for a trainee on our EMS wagon. Now, we -- we're not responsible for what the City of Naples is responsible to provide. We're responsible for EMS service. So what we are doing here is lessening the training, or lessening the personnel on our EMS wagons. And that's what we're responsible for. MS. FLAGG: Mr. Commissioner, there -- actually there will be cases where we'll be, through the city personnel, providing a higher level of care, because presently we do utilize part-time EMT's, which are at a lower level of training than a paramedic. And with this partnership with the city, we'll actually be receiving a state certified paramedic. COMMISSIONER NORRIS: Okay. We're still, though -- we -- is it a Tober certified paramedic? MS. FLAGG: It's a state certified paramedic -- COMMISSIONER NORRIS: That's not what I asked. MS. FLAGG: -- who is not -- COMMISSIONER NORRIS: That's not -- MS. FLAGG: -- Tober certified, but who is -- can provide a higher level of care than an EHT, which is what we currently have on the vehicles. COMMISSIONER NORRIS: Okay. But we are sending a Tober certified paramedic out of service into the City of Naples in return for one that is not certified. MS. FLAGG: That is correct. COMMISSIONER NORRIS: Okay. That's one of my objections. And the other is that while this is a good idea and I agree that it's a good idea and that it will work well, the problem is that the voters set up the separation between county EHS and fire services years and years ago, and this does not follow the spirit of that agreement, or that mandated by the voters. Now, over and over and over and over again, we get chastised for not following the rules, for finding some way to bend around the rules, and that's exactly what this is. This -- what we have now is we're going to have county EHS people providing fire services. And that is not what the voters have said that they want to do. I know it's a good idea, but it's not what the voters have said they want to do. MS. FLAGG: Mr. Commissioner, if I could offer -- the voters years ago, actually, there was not an established fire district. What the voters did via referendum was actually vote to establish fire districts. There was really no discussion of the EHS -- COMMISSIONER NORRIS: But that's where the separation came from. MS. FLAGG: There was no discussion of the EHS services in those votes. There was no fire district when those fire districts were initially set up, so what the -- COMMISSIONER NORRIS: I understand that, but that's where the separation came from was those votes to set up independent fire districts. MS. FLAGG: So the voters voted to create a fire department of which previous to their vote there was none. In addition, the purpose of this program is to provide, as Commissioner Hancock said, a consistent level of county EMS services COMMISSIONER NORRIS: And I'm not -- I'm not -- I've said it very clearly that I think it's a good idea and it's a good program. It does not, however, meet the spirit of what the voters were trying to accomplish with the separation of EMS and fire. COMMISSIONER HANCOCK: Commissioner Norris, I hear what you're saying, and if -- and I know I'm going to probably step on some fire toes when I say this, but if the fire districts were spending all their time on fire calls, I would agree with you. But the majority of the response that we see within the fire districts -- and we're really only talking about the City of Naples right now. But when you see an engine roll, the majority of times it's rolling, it's generally something where yes, the equipment on that fire truck can be utilized, but the actual physical personnel servicers are dealing with things that are medical related in some way -- COMMISSIONER NORRIS: I understand that. COMMISSIONER HANCOCK: -- shape or form. COMMISSIONER NORRIS: And if -- COMMISSIONER HANCOCK: I guess that's the only place I find comfort, and -- because I agree with what you're saying in concept. And I don't -- you know, I wouldn't argue that point with you. But I just think when you look at the number and type of calls they run, we are actually responding to a medical need as opposed to a fire need, but occasionally that person will be drawn into performing fire services. COMMISSIONER NORRIS: No, and I understand that. But if the proposal here in front of us today were that the City of Naples' firefighters could be trained under our EMS service and become certified locally and return to the City of Naples as trained EMS paramedics, City of Naples paramedics, I have no objection to that. My objection is for the EMS department, the Collier County EMS department, to provide fire services. COMMISSIONER HANCOCK: But I -- COMMISSIONER NORRIS: And furthermore, you will recall that this board has directed the county administrator to find some way to get out of providing the fire services in the two -- the two dependent districts that we have. COMMISSIONER MAC'KIE: No, no, no, no, no. We've asked them to look into what the options are, but I don't think we've given direction to get out -- COMMISSIONER NORRIS: COMMISSIONER HAC'KIE: us out of the fire service. COMMISSIONER NORRIS: COMMISSIONER HAC'KIE: I said to look into it. You said to look into finding ways to get That's exactly what we did. I don't think so. We can look back at the minutes, but I don't think that's what we did. And actually, I've raised my hand. I think I'm due. CHAIRPERSON BERRY: You're next. COMMISSIONER HAC'KIE: Is -- respectfully, having been in the minority so many times, I respect your wanting to, you know, take one last shot at this. But this is already budgeted money, it's already stuff we've already decided to do. I think it would be more prudent to get on with it. CHAIRPERSON BERRY: Commissioner Constantine? COMMISSIONER CONSTANTINE: I think it's very important that not only for us, I think the board members probably understand it at this point, but for the public to -- Ms. Flagg, repeat what you were -- when you explained what the trade-off is and what the training levels are and what the county is deriving from this. I think that's very, very important that we're clear on that. MS. FLAGG: What we are doing is we are exchanging personnel. The city is giving us one paramedic firefighter to go on a medic unit somewhere else in the county, and what we are providing the city is one paramedic firefighter to go on a fire engine apparatus in the City of Naples. The one on the City of Naples fire apparatus is county certified, but the EMS department historically utilizes part-time EMT's to provide the mandatory staffing on an ambulance. We will be receiving from the city a state certified paramedic. COMMISSIONER CONSTANTINE: I guess I'm just -- I've got to disagree with you, John. This in my opinion is applying common sense. It's going to make more efficient use of public service, it's going to make more efficient use of the tax dollars that go toward this, and most importantly, this is -- you often hear me say we should only be dealing with health, safety and welfare issues. And this is certainly at least two of those three. This is a primary service that government should be providing, and this can deliver that health and safety service better and more efficiently. So I don't know how we can do anything but move forward with this. COMMISSIONER HANCOCK: You know, as I've heard -- as I've listened to this, Commissioner Norris, your point is entirely valid at the outset of this program. But correct me if I'm wrong, Chief Flagg, but the goal here is to get to a point that those two individual skill levels are interchangeable. So that what happens is the person who works for the City of Naples Fire Department becomes Tober-ized and the only way to do that is to ride on the units to do the work day to day so that we'll have people that have interchangeable skills. Isn't that kind of the goal? MS. FLAGG: Well, actually the goal is is to provide 100 percent ALS intervention in four minutes or less. And by doing this program, we will be able to achieve that. COMMISSIONER HANCOCK: But over time -- MS. FLAGG: Yes, they will -- COMMISSIONER HANCOCK: -- we're actually going to see these people have the same -- MS. FLAGG: -- be interchanged. COMMISSIONER HANCOCK: -- qualifications and similar experience MS. FLAGG: Yes. COMMISSIONER HANCOCK: -- levels in the job. Do I understand that correctly? MS. FLAGG: Yes. The thrust of this program was that there are rare occasions where the primary EMS unit is already committed to a 9-1-1 call. So the present situation is a engine response with basic trained personnel on it. What this partnership will do is provide 100 percent ALS within four minutes or less, which is the benefit to the community. COMMISSIONER MAC'KIE: Motion to approve staff recommendation. COMMISSIONER CONSTANTINE: Second. CHAIRPERSON BERRY: We have a motion. Do we have any speakers -- oh, I'm sorry, Mr. Weigel? MR. FERNANDEZ: No speakers. MR. WEIGEL: One thing I wanted to bring to your attention, your consideration, is that in fact I reviewed this agreement for form and legal sufficiency late in the process. It was already executed by the City of Naples at that point and it is legally sufficient. But I wanted to bring your attention to the agreement term provisions. It's paragraph seven on page seven of the agenda item. And that is that the agreement purports under 7.0 to remain in full force and effect and terminates upon completion of the services and responsibilities usually performed by the city and the county. Again, I'm a layperson, so I don't know if the services responsibilities ever terminate in a natural sense. This contract has a type of perpetuity to it. Paragraph 7.01 does provide for a termination of this agreement with just and reasonable cause. And there's a possibility that the board may have a reason and a desire to terminate the agreement, which has nothing to do with the perhaps very well orchestrated and performed services between the city and the county in the instrumentalities here. COHMISSIONER HANCOCK: So we need a mutual consent provision, and you're not sure that 7.0 accomplishes that? MR. WEIGEL: Well, I don't think that that -- that this accomplishes it, but I would suggest that if you were to approve the agreement, that you would want to place this on record so that if there should be any issue of contention in the future or discussion with the city in regard to the unilateral ability of the county to terminate the agreement, that you would have stated those provisos here, or at some formal meeting of this board. COHMISSIONER HANCOCK: Commissioner Hac'Kie, could we amend that to include -- I mean, there are such things as unforeseen fiscal or liability situations that were not contemplated that may arise later, either for the city or the county that would -- could be cause for termination of the contract, and it doesn't look -- COHMISSIONER HAC'KIE: Well, why couldn't we use the 30-day termi -- I'm just not understanding. If we have a 30-day notice of termination, you're saying that we need something more than that? We need -- MR. WEIGEL: Well, I think that just and reasonable cause may well be cause outside of the performance of the agreement itself. COHMISSIONER HAC'KIE: So you'd just like for us to have the right to terminate without cause. MR. WEIGEL: Well, you may have reasons outside of the performance agreement which are very appropriate to terminate the agreement, but it has nothing to do with the adequacy or inadequacy of the city and the county and the persons and instrumentalities working together. COHMISSIONER HAC'KIE: You would have, for example -- MR. WEIGEL: There may be -- there may be external reasons that you wish to terminate. And as with most of our contracts, we try to give a reasonable advanced written notice and things of that nature -- COHMISSIONER CONSTANTINE: What if any verbiage would you suggest? MR. WEIGEL: Well, there were two things: One is I think that if you approve the agreement as written, you could approve the agreement with the understanding that just and reasonable cause may involve elements outside of the mere operation of this agreement. And you've placed something on the record. If the city has a problem with that, they could come back. If we actually amend this agreement, it would have to go back to the city, because they've already approved it in the -- COMHISSIONER MAC'KIE: I would agree to amend my motion to add that interpretation of just and reasonable cause to include circumstances outside the four corners of the document and the performance of the two parties' obligations. MR. WEIGEL: I think you've said it very well. COMMISSIONER CONSTANTINE: Second amends. CHAIRPERSON BERRY: Okay, we have a motion and a second. We have no public speakers on this item? MR. FERNANDEZ: None. CHAIRPERSON BERRY: Okay, I'll call for the question. All in favor? COMMISSIONER CONSTANTINE: Aye. COMMISSIONER MAC'KIE: Aye. CHAIRPERSON BERRY: Aye. COMMISSIONER HANCOCK: Aye. CHAIRPERSON BERRY: Opposed? COMMISSIONER NORRIS: Aye. CHAIRPERSON BERRY: Motion carries four-one. MS. FLAGG: Thank you, commissioners. CHAIRPERSON BERRY: Thank you. Item #10A RESOLUTION 98-363 APPOINTING RICHARD E. LYDON, LEE R. WEEKS AND CATHERINE KENNEDY-CAMPBELL TO THE CITY/COUNTY BEACH RENOURISHHENT MAINTENANCE COHMITTEE - ADOPTED. SECTION 7 OF THE ORDINANCE WAIVED Moving on then to item 10(A), appointment of members to the city -- COHMISSIONER HANCOCK: Three vacancies, three names, move recommendation. COHMISSIONER NORRIS: Second. CHAIRPERSON BERRY: We have a little bit of a problem. Nothing -- it's just a little procedural thing here. Mr. Lydon has served two consecutive terms on the beach renourishment committee. The City of Naples, I believe, has something in their ordinance regarding that, and we will have to waive -- is it our ordinance? MR. FERNANDEZ: Uh-huh. CHAIRPERSON BERRY: Or the -- our ordinance as well. MR. WEIGEL: That's correct. We would need to waive section seven of our ordinance, our advisory committee ordinance 86-41, as amended, which itself has a limitation of two terms, except upon unanimous approval of the board. But beyond that, their resolution creating and providing for this committee itself has a two-term limitation. Curiously, though, it's this beach maintenance committee itself which has recommended Mr. Lydon for reappointment. So they may have their own internal issue with their own city resolution. COHMISSIONER CONSTANTINE: What we've consistently done in the last six years is if there is another individual, then we haven't extended it. However, if we don't have enough people to fill the vacancies and that person would like to continue on, then we've gone ahead and waived it. COHMISSIONER HAC'KIE: I have a question just on these city residents who are listed here as not eligible. They're not eligible for appointment from a county slot, but certainly are eligible to be appointed by their respective municipalities? MR. WEIGEL: That is correct. COHMISSIONER HAC'KIE: Okay, just wanted to be sure. MR. WEIGEL: As far as we know. COHMISSIONER HANCOCK: With the comment by Commissioner Constantine, I'll amend my initial motion to include waiving section seven of our ordinance on the basis that there are only three qualified applicants for three vacancies, so Mr. Lydon is -- will be the recipient of that waiver. COHMISSIONER HAC'KIE: Second. COHMISSIONER NORRIS: Before you call the question, let me ask something here. If the ordinance says that some members have to be nominated by the City of Naples and some by the county, what happens to the Marco Island applicants then? Who can nominate them? MR. WEIGEL: I don't know, off the top of my head. Because our provision is in regard to the unincorporated area. That may be something for the city, who created this committee in the first place, it's their resolution, under which we ultimately all operate, may have to address. MR. FERNANDEZ: City of Naples. MS. FILSON: If I may -- MR. WEIGEL: The City of Naples, yes, to be clear. MS. FILSON: If I may, they're -- I think they're working on amending the ordinance to include the City of Marco. COHMISSIONER NORRIS: The City of Naples is working on '- MS. FILSON: Yes -- COHMISSIONER NORRIS: Okay. That answers the question. MS. FILSON: -- and the county in conjunction. COHMISSIONER HANCOCK: Yeah, because there -- I remember us talking about there being a dedicated slot or slots for the City of Marco, but I thought that was in process. COHMISSIONER HAC'KIE: And I just need to be sure, because Hubert Howard in particular I know has been here -- COHMISSIONER HANCOCK: Right. COHMISSIONER HAC'KIE: -- for the duration, don't want to lose him. Does anybody know what the process is at the city? Are there openings now at the city that Mr. Howard just applied at the county and should have applied at the city? Is that what's happening here? COHMISSIONER CONSTANTINE: Perhaps we could send a courtesy letter from this office to those people, let them know when we find out what the answer to that question is. COHMISSIONER HAC'KIE: Yeah, that's a great idea. Unless you know the answer right now. You don't? COHMISSIONER HANCOCK: I definitely would not want to send a, you know, message to Hubie or to Gil Scholes who's been -- COHMISSIONER HAC'KIE: Heavens no. COHMISSIONER HANCOCK: -- very involved, or any of the others that they were not qualified, but just that we would ask that they proceed through the process within either the City of Marco or City of Naples. MS. FILSON: And there are current vacancies in the City of Naples. And what I can do is forward all of those applicants from the city to the City of Naples for consideration. COHMISSIONER HAC'KIE: Perfect. COHMISSIONER HANCOCK: That would be great. COHMISSIONER CONSTANTINE: And also send a letter to these individuals. MS. FILSON: Yes, sir, I always do. CHAIRPERSON BERRY: Mr. Weigel? MR. WEIGEL: Well, thank you. I might suggest in the communication to the City of Naples that we indicate that if Mr. Lydon is appointed with the appropriate waiver of our ordinance, that the City of Naples still has an express limitation on their resolution in regard to all committee members, whether they are county or city appointed, for two consecutive terms. They may have to deal with that, but based upon the factual background that you've already created here, we have no other applicants we're looking to fill a vacancy. That may increase the skids for them to take the appropriate action if they deign to take any action at all. COHMISSIONER HANCOCK: Okay. Was there a second to the motion? COHMISSIONER NORRIS: Yes. COHMISSIONER HAC'KIE: I seconded the motion. CHAIRPERSON BERRY: So we have a motion and a second. All in favor? Opposed? (No response.) CHAIRPERSON BERRY: Motion carries five-zero. Item #10B RESOLUTION 98-364 APPOINTING WILFRED JAEGER AND WOLFGANG B.P. SCHULZ TO THE RADIO ROAD BEAUTIFICATION ADVISORY COHMITTEE - ADOPTED The next one, item 10(B), appointment of members to the Radio Road beautification advisory committee. COHMISSIONER CONSTANTINE: Madam Chairman, I'd like to make a motion we approve Wilfred Jaeger and Wolfgang Schulz. COHMISSIONER HAC'KIE: Second. CHAIRPERSON BERRY: Okay, we have a motion and a second to the appointment of Wilfred Jaeger and Wolfgang Schulz. Any comments or questions? If not, all in favor? Opposed? (No response.) CHAIRPERSON BERRY: Motion carries five-zero. Item #10C RESOLUTION 98-365 APPOINTING GLENN E. WILT TO THE LANDFILL OPERATIONS COHMUNITY COUNCIL - ADOPTED Next appointment is appointment of a member to the landfill operations community council, known as LOCC. COMMISSIONER CONSTANTINE: Madam Chairman, I'd like to make a motion to approve Glenn Wilt. He's been -- I know attended some of these meetings anyway, even without being a member. But he's been a liaison on the issue from day one for the Golden Gate Civic Association. COMMISSIONER MAC'KIE: I had just hoped to get to have this opportunity to support Ty Agoston for a committee, since I opposed him on a previous nomination, but I'll defer to your judgment. CHAIRPERSON BERRY: Okay, we have a motion for the appointment of Glenn Wilt. Do we have a second? COMMISSIONER HANCOCK: I'll second it. I like Ty also, but Glenn has been involved in this issue for several years now and I think probably just brings a little more information to it, but -- so I think Glenn's a good choice there. But I do appreciate Ty being there. Maybe next time we'll have a chance to consider Ty. COMMISSIONER NORRIS: If he had shown up here to personally request, maybe it would have been different. COMMISSIONER MAC'KIE: That's supposed to give him points in his favor. CHAIRPERSON BERRY: Okay, we have a motion and a second. If there's no further discussion, all in favor? Opposed? (No response.) CHAIRPERSON BERRY: Motion carries five-zero. Item #10D RESOLUTION 98-366 APPOINTING ALEX DUSEK TO THE HISTORICAL/ARCHAEOLOGICAL PRESERVATION BOARD - ADOPTED COMHISSIONER HANCOCK: Madam Chair, the next one has one vacancy and one applicant. I'd move Alex Dusek. COMHISSIONER CONSTANTINE: Second. CHAIRPERSON BERRY: We have a motion and a second. Any questions? All in favor? Opposed? (No response.) CHAIRPERSON BERRY: Motion carries five-zero. COMMISSIONER NORRIS: Is it just me, or are we starting to see committee recommendations again when we asked not to see those? Is that -- MS. FILSON: Actually, we don't accept recommendations from staff, but we do accept them from the committees. COMMISSIONER NORRIS: From the committee. COMMISSIONER MAC'KIE: Choked you up. COMMISSIONER NORRIS: Easy for you to say, Ms. Filson. CHAIRPERSON BERRY: No, I think it's a little difficult. Item #10F CONSIDERATION OF REQUEST FROM FAC TO ADOPTED A RESOLUTION CONCERNING REVISION 7 - NO ACTION Anyway, item 10(F) happens to be one that I placed on the agenda considering the resolution for the FAC. Mr. Fernandez, do we have any other information on that particular resolution? MR. FERNANDEZ: Madam Chairman, this is a resolution that was recommended by the Florida Association of Counties, which you have in your packet here as the form recommended by them at the time that we took the action to adopt the ordinance and appropriate the money. We did in fact adopt a resolution at that time. It didn't follow the specific format, but it did cover this issue. So the question is whether you wish the original for -- the original resolution to stand or to adopt a resolution in this form. COMMISSIONER HANCOCK: To me the difference in what we originally adopted was we said that there would be a resulting reduction in property tax rate as opposed to well, we may reduce property taxes or we may do one of several other things. You know, I don't think we can quantify that amount today. But I think obviously out of six or seven million dollars, we can make a reduction in property tax rate, and I want to keep that as a focus. I think what this waters down to is that several options like -- such as other public uses as may be appropriate. I'd rather be a little more specific and say some or all of that money is going to result in a property -- COMMISSIONER CONSTANTINE: Sounds like government -- COMMISSIONER HANCOCK: -- tax rate reduction. COMMISSIONER CONSTANTINE: -- windfall. Hey, we've got more money. So -- CHAIRPERSON BERRY: Well, that's exactly why I brought it back, Commissioner, because this is something that came to my attention that we needed to do this, and there was a variation, and I didn't know if you wanted to stay with the one that was passed at the time, or change it. COMMISSIONER HANCOCK: I understand the concern about, you know, we may have out here expenditures that we don't foresee now and whatnot, but whether it's part or all, I think if we tell the people by voting for amendment seven you are reducing your property tax rate, we as a board can hold -- will hold ourselves to that without attaching a dollar figure to it. But let's at least let the people know that you will get that money, some or all, back. COMMISSIONER NORRIS: Is our current funding source for these expenditures property tax? There's nothing else involved? MR. FERNANDEZ: General revenue. COMMISSIONER NORRIS: General revenue funds? MR. FERNANDEZ: Which is primarily property tax. COMMISSIONER NORRIS: Yeah, that's fine. MR. FERNANDEZ: Madam Chairman, while we're on the subject, just to give you a point of information, I had a meeting last week with the clerk who's alerted me to the fact that there may be expenditures in this category that we're generally grouping together and quoting the six million dollar figure that in his estimation go beyond the mandates of Article V and are in fact the results of decisions that have been made over the years and traditions that have been followed to continue those funding commitments, that in fact the amount we receive from the state, if in fact this passes, may not be that total amount. So we're going to be working with him to refine that figure for purposes of future discussion. COMHISSIONER HANCOCK: Mr. Fernandez, that's precisely why I didn't want to put a dollar figure on it when we initially did it, because there are going to be -- we don't really know what the actual impact is going to be. I think we just want to make a commitment to the people of this community voting for amendment seven puts some of that money that we anticipate back in your pocket at a minimum. MR. FERNANDEZ: Okay. COMHISSIONER NORRIS: Good point. CHAIRPERSON BERRY: And at the same time, maybe when we do review some of these areas, we might want to take another look at whether we want to continue some of that or not. COHMISSIONER HANCOCK: Yes, there may be some discretionary areas we '- CHAIRPERSON BERRY: Right. COHMISSIONER HANCOCK: -- previously were not aware of. CHAIRPERSON BERRY: Exactly. MR. FERNANDEZ: Correct. CHAIRPERSON BERRY: And we need to have that pointed out to us and we can deal with it at that time. COHMISSIONER HANCOCK: Agreed. CHAIRPERSON BERRY: Okay, then we'll leave this item -- I guess at this point, we'll just -- I don't even think we need to take a vote on it. I believe we can just go ahead and stay with the current resolution, because we already have one. COHMISSIONER HANCOCK: Have we transmitted that to FAC yet? MR. WEIGEL: Absolutely. In fact, Mr. Robert Zachary in our office received a commendation from the FAC on this, and we believe -- and they in fact indicated that they were using ours as part of the model for what you've got before you now. COHMISSIONER HANCOCK: That's -- MR. WEIGEL: They've revised it -- COHMISSIONER HANCOCK: That was the intent of my getting it on so early, is another issue that Collier County is leading the way in the state. MR. WEIGEL: Yes, sir. COHMISSIONER NORRIS: We're number one. CHAIRPERSON BERRY: There must have been somewhat of a lapse up there, because that's not what they sent back. Item #10G COHHISSIONERS BERRY, HAC'KIE AND NORRIS TO SERVE ON THE VALUE ADJUSTMENT BOARD 9/28; COHMISSIONERS HANCOCK, HAC'KIE AND NORRIS TO SERVE 9/29 AND COHMISSIONERS BERRY, HANCOCK AND HAC'KIE TO SERVE 9/30 Anyway, okay, moving on to item 10(G), appointment of commissioners to serve on the value adjustment board. COMHISSIONER NORRIS: The value adjustment board. I'll volunteer for Thursday, October the 1st. COMHISSIONER CONSTANTINE: As will I. Actually, I'm going to be in Illinois the end of the month, so I will be here -- I'll be back for Thursday? COHMISSIONER NORRIS: What are you laughing at? CHAIRPERSON BERRY: Well, you all have just about choked getting out there, didn't you? COHMISSIONER HAC'KIE: That's because we never last -- COHMISSIONER HANCOCK: We never get there. COHMISSIONER HAC'KIE: -- 'til the last day. COHMISSIONER HANCOCK: For the last -- CHAIRPERSON BERRY: Oh, I know. COHMISSIONER HANCOCK: For the last three years -- as much as I love Abe Skinner, you know, I've done this for the first and second day for the last three years. COHMISSIONER HAC'KIE: Yeah, I'm due this year. COHMISSIONER NORRIS: This will be my sixth year, so -- COHMISSIONER HANCOCK: Well, that's fine, you can be first off the ship. I'm second. COHMISSIONER HAC'KIE: I know I'm due, so I volunteer for the first two days this year, because I didn't serve at all last year. CHAIRPERSON BERRY: Well, you just have to serve on this. It's so much fun. COHMISSIONER HAC'KIE: Oh, I've done it a couple times. CHAIRPERSON BERRY: It's so much fun to say the word sine die. I mean, that's just -- COHMISSIONER HANCOCK: Waive here and sine die. COMMISSIONER MAC'KIE: Sine die. CHAIRPERSON BERRY: Sine die is just kind of one of these things, you know, it gives you a little bit of a charge. I wasn't sure last year I needed to even say it. So -- COMMISSIONER NORRIS: I like the value adjustment board. I'll take a day. CHAIRPERSON BERRY: Oh, yeah, we can see that, Mr. Norris. COMMISSIONER NORRIS: I do. CHAIRPERSON BERRY: October lst? COMMISSIONER MAC'KIE: October 1st. COMMISSIONER NORRIS: Well, I'll take that one and one other. MS. FILSON: I need three commissioners and two alternates. CHAIRPERSON BERRY: Yeah, I know. COMMISSIONER HANCOCK: Commissioner Constantine, have you scheduled your vacation to be out of town once again during the value adjustment board? COMMISSIONER CONSTANTINE: Well, coincidentally, my sister is moving from Springfield, Illinois to Rockford, Illinois that week and I will be there helping her move, so -- COMMISSIONER HANCOCK: They have companies to do that, you know. COMMISSIONER NORRIS: I will take the first day, Monday, the 28th of September. MS. FILSON: And the fourth day. CHAIRPERSON BERRY: I'll be there. I'll commit. COMMISSIONER HANCOCK: Commissioner Berry, I'll take the 29th, if you want to split that. CHAIRPERSON BERRY: Okay. All right. COMMISSIONER MAC'KIE: I'll take both, because I didn't do it -- CHAIRPERSON BERRY: And the other -- COMMISSIONER MAC'KIE: -- last year at all. CHAIRPERSON BERRY: Oh, you didn't do it at all? COMMISSIONER HANCOCK: I guess Commissioner Mac'Kie can be the chairman this time, since she -- COMMISSIONER MAC'KIE: Yee-ha. CHAIRPERSON BERRY: I think that's a great idea. COHMISSIONER HAC'KIE: I get to say sine die? CHAIRPERSON BERRY: You get to say sine die. COHMISSIONER HANCOCK: Thank you for giving me one reprieve, and the only reason Commissioner Norris has done it six years in a row is because he lives for it. CHAIRPERSON BERRY: Now, do we have enough? We don't for the second day, do we? MS. FILSON: I need three commissioners for each day with two alternates -- COHMISSIONER HANCOCK: I'll do second day. CHAIRPERSON BERRY: Are you going to do the second day? MS. FILSON: -- and I don't know how many applications we have. I won't know until the llth. CHAIRPERSON BERRY: Right. COHMISSIONER HAC'KIE: Realistically we never go more than two days. MS. FILSON: Yeah. COHMISSIONER HANCOCK: You can schedule me for second and third for now, just to -- COHMISSIONER HAC'KIE: Second and third day? COHMISSIONER HANCOCK: Yeah, just to make sure there's -- CHAIRPERSON BERRY: Okay. Well, I've got the first day with Commissioner Norris -- COHMISSIONER HAC'KIE: I've got the first day. CHAIRPERSON BERRY: -- and Commissioner Hac'Kie. That's -- MS. FILSON: I have two commissioners for the first day, two for the second day. COHMISSIONER HAC'KIE: No, you have -- CHAIRPERSON BERRY: You've got three for the first day. COHMISSIONER HAC'KIE: -- three for the first day. COHMISSIONER NORRIS: These three right here. CHAIRPERSON BERRY: Hac'Kie, Norris and Berry -- MS. FILSON: Okay. CHAIRPERSON BERRY: -- for the first day. COHMISSIONER HANCOCK: Second day is Hac'Kie, Hancock and? CHAIRPERSON BERRY: Norris. COHMISSIONER HAC'KIE: Hearing no objection, moving on to the third day. MS. FILSON: Commissioner Norris is the second day also? CHAIRPERSON BERRY: Yes, he is so thrilled about this, he can't -- he can't even speak. COHMISSIONER NORRIS: I love the value adjustment board. COHMISSIONER HANCOCK: And how about third day? I'll do third day, if you need it, Commissioner Berry. CHAIRPERSON BERRY: I'll do the third day, if we do it. COHMISSIONER HANCOCK: Commissioner Constantine, will you be done moving coffee tables by then? COHMISSIONER CONSTANTINE: I'll be back Thursday. COHMISSIONER HANCOCK: I swear to God, this is intentional. MS. FILSON: So he's going to have the fourth day. COHMISSIONER HAC'KIE: He does it every year. CHAIRPERSON BERRY: Yeah, I know. He was -- MS. FILSON: Can I just review this -- COHMISSIONER CONSTANTINE: It's an amazing coincidence. MS. FILSON: -- to make sure I have it correct? COHMISSIONER CONSTANTINE: She got a new job. CHAIRPERSON BERRY: What? MS. FILSON: Can I just review this to make sure I have it correct? CHAIRPERSON BERRY: You certainly may. MS. FILSON: I have Commissioner Hac'Kie for the first and second day, Commissioner Norris, first and second day, Commissioner Berry, first and third day, Commissioner Hancock, second and third day, and Commissioner Constantine the fourth day. COHMISSIONER HANCOCK: Yeah, all by himself. COHMISSIONER CONSTANTINE: Just trying to do my -- CHAIRPERSON BERRY: He won't need other commissioners on that day. COHMISSIONER CONSTANTINE: I'm bringing my airline tickets back for verification. COHMISSIONER HANCOCK: So on the third day we still only have two, but we generally don't go the third day. COHMISSIONER HAC'KIE: The third day, I'll show up if there's a third day. COHMISSIONER HANCOCK: Okay. Boy, you are paying those dues in one lump sum. COHMISSIONER HAC'KIE: Hey, I didn't have to campaign. CHAIRPERSON BERRY: I was going to say, I think -- COHMISSIONER CONSTANTINE: That's exactly -- MS. FILSON: And that will be 9:00 to 5:00 each day. COHMISSIONER HANCOCK: You're well rested. CHAIRPERSON BERRY: Okay, we have that all taken care of. Item #10H DISCUSSION REGARDING THE FALSE ALARM ORDINANCE NO. 97-08 - DISCUSSED Moving on then to item 10(H), discussion regarding the false alarm ordinance, number 97-08. Compliments of me. COHMISSIONER HANCOCK: Yeah, I was going to ask, why are we discussing this? CHAIRPERSON BERRY: Because I put it on there. Because I have gotten a number of calls regarding a false alarm ordinance, and one I have shared with Captain Sanders. Did I get your title right? CAPTAIN SANDERS: Yeah. CHAIRPERSON BERRY: Wonderful, okay. CAPTAIN SANDERS: Jim would have been great. CHAIRPERSON BERRY: Well, no, we're formal around here. CAPTAIN SANDERS: I noticed. COHMISSIONER HANCOCK: Careful, you might bite your tongue, you stick it in your cheek that hard. CHAIRPERSON BERRY: Jim, do you want to come up here and talk to us a little bit about the false alarm ordinance and some of the things that are going on? And I don't know if they -- have any of the rest of you -- let's start off, have any of the rest of you received any phone calls regarding this ordinance? COHMISSIONER HANCOCK: Commissioner Berry, I can tell you, if you think for a second the first time Pelican Bay had it we didn't get phone calls? We did. Now, there's is a little different, because they are paying for additional -- CHAIRPERSON BERRY: Right. COHMISSIONER HANCOCK: -- officers patrolling. It was handled a little differently. But you weren't on the board when we brought this ordinance up, but we had Don Hunter stand there and talk to us about the number of false alarms. It's just crazy. CHAIRPERSON BERRY: Right. And I -- and I have said that. In fact, Jim and I had this conversation, and I concur, and people that I have spoken with, it's the same thing. There's just some things that need to be -- COMHISSIONER HANCOCK: Okay. CHAIRPERSON BERRY: -- tweaked a little bit, not so much with the ordinance itself, but perhaps with even the citation and some things like that that -- CAPTAIN SANDERS: Maybe -- Jim Sanders -- CHAIRPERSON BERRY: -- we've talked about. CAPTAIN SANDERS: -- for the record, Sheriff's Office. Maybe I can enlighten you, hopefully. I just got the information that you were going to discuss this today, so I just grabbed what I had. If you recall, we proposed this and it came on line probably May 18th of '97. We didn't start enforcing this ordinance until May of this year, to give the citizens of Collier County an opportunity and the alarm companies to come on line with what the ordinance was directing. That particular -- let's see, '92? In 1995, we had over 22,000 false alarms. We are experiencing to date 21,949, with -- we have 10,722 backups -- that means that takes a backup officer to respond to that, so that's two people you're committing to -- with 867 of those either canceled or confirmed actual alarms. So you asked are we making a difference? Well, if you take from May to now, we are only in the process of five months and we are still in a learning curve. It's obvious that we're in this learning curve because of the citations that have gone out. One of the things that happens, and I'm sure you're familiar with Murphy's Law, that somewhere along the line the best laid plans. And we in the Sheriff's Office were trying to look into the future how this was going to best be resolved. If we could gain the proper information as to the homeowner, the tenter, how we were going to cross-reference with the geo database, and you got Y2K that comes along and throws a wrench into a lot of things within our organization, I'm sure even with the clerk's office, as I heard this morning, with computer stuff. So we haven't really been able to evaluate whether or not we have made a difference. We have received some complaints. I have dealt with them personally. I will not name the company that called me that was irate because they thought the ordinance was out of line, crazy and the other names that some of us were called. But in that particular case, it was a matter they had a drop box at nighttime and the drop information, or the payment was going across their electronic I-beam that set their alarm off, and they wanted to blame the county ordinance for it. So we have had a lot of complaints to that similar nature. We also have complaints in regards to when we get there, there's no sign of forced entry, and either the business owner or the residential owner says, "Well, how do you know that it wasn't?" Well, if you look in the county ordinance, it very well explains what we have to look at. But in the meantime, in the five months' period that we have written the citations -- and if you recall, the very first one you're not fined on, you just have to fill the information out, get it back to us, so we could cross-reference. But when we started filling those out, we were about 2,000 in arrears in trying to bring them up to date. Because we are now fourth, fifth, sixth, seventh offenders at the same locations. Itws the problem we ran into before. So recognizing that and recognizing our CAT system at being able to tell the deputy how many times that we have received a false alarm at that particular address, we in the Sheriffws Office backed up and looked at what we had established here in trying to keep track of what was going on. And I talked with Commissioner Berry about this what, about a week or so, two weeks ago when -- CHAIRPERSON BERRY: Couple weeks. CAPTAIN SANDERS: -- your letter came out. And what wewre trying to do within the office is establish nothing but an alarm unit that will handle that. So when a deputy happened to come to your particular home or your business, all he would do was leave you a notice that your alarm has been faulty, that wewve checked the premises and found it secure. Then itws going to come back to our office, and itws going to be assigned to an alarm unit. To go in, pull up the geographical information, address on it, those kind of things, see how many false alarms have actually been at that particular address and go from there. And what -- basically wewre trying to form that partnership. Wewve already formed it with you. And if you think about community policing and government, county government working together, we have done nothing here but form a partnership that which we could get the alarm companies and/or the citizens to come on line and share responsibility that they have to make sure that they do preventive maintenance. And when we did our research information back in 1995, when I first had the opportunity to look at this, we found that 98 percent of the alarms that were being faulty were because you give your key to your neighbor and he goes in and checks your house, forgets to turn the alarm off. Repair people and air conditioner people -- and I know this is going on at Pelican Bay, because I just heard one the other day. And thatws where most of our alarms come from. And therews a national standard thatws set by burglar alarm manufacturers that when we deal in this particular area, especially during the season that we have all our storms, that your alarm system must -- should be able to hold up to three hours of a charge without it going off once your power goes off, and that 75 percent of that should be up there so you shouldnwt have a false alarm. Well, therews no standard being set for that. And if you would review Florida Statute, it gives the Board of County Commissioners the power to request permitting before alarms are installed, and some other things that hold alarm companiesw feet to the fire just a little harder to make sure they do premaintenance checks in bringing equipment up to date. And Iill refer again back to Mr. Brock, who was in here talking about being forced to go to one type of computer when his was already meeting the needs of what they needed in Tallahassee. Well, alarm companies donlt seem to stay on a standard premaintenance. And if the sensitivity level is set too strong and the cat walks across the inside of your patio and it sets off, then youlye got a false alarm, youlye actually had no sign of entry, youlye responded two deputy sheriffs. And thatls time out for patrol time or any other community policing elements that a deputy sheriff within Collier County could be out doing, patrolling the neighborhoods, fighting some of the speeders and the complaints that we get complained on every now and then. But we haven't had an opportunity to evaluate it during the five months. Commissioner, don't you laugh at him. COMMISSIONER NORRIS: He'll get you, too. CAPTAIN SANDERS: But -- so we -- we're in -- we have had to back up just a little bit because of the amount of the alarms and being able to successfully tell you whether we've had an improvement or not. And recognizing that the input data going into the geo database is really causing us a problem, so that we can get the correct information out to show that we're going to have an alarm reduction, you can expect complaints to come in and people to be dissatisfied. But when you look at the benefit in the long run, if we reduce our alarms, it's beneficial to actually the seizure fund within the county. Currently at 21 to 22,000 alarms, if we reduce that down to 6,000 a year, which is a large reduction, at $75, if everyone paid that particular fee, with four dollars going to the Clerk of Courts and $71 going into the seizure plan, it's got to help some budget somewhere. So -- and I've compared it to the West Palm Beach ordinance, which is very lengthy, at what they have been able to accomplish there by making their ordinance a lot more tougher for permitting and inspection and those kind of things. We kind of took an offshoot from that and made ours very light to start off with, understanding that we were going to have some problems when it was first developed. We have certainly, in the learning stages, within the county ordinance, and five months certainly isn't long enough for us to evaluate whether or not we've had a reduction. And I can tell you that we're currently -- well, 1995 we were 22,000. We're only 21,948 for this year, so we've had a little bit of reduction. COMMISSIONER MAC'KIE: Already. CAPTAIN SANDERS: Not much, but we are expecting some. Once -- once we get the information out, the educational side of it I think has been the downfall as to business owners and people who own homes to have alarms that are not educating theirselves (sic.) on how they should operate. And that's a big problem. And they're offended when we leave them a citation saying that you violated the county ordinance and it's going to cost you $75. COMMISSIONER CONSTANTINE: It's really an issue of responsibility. And when you say that you're having people that are four and five and six and seven time repeat offenders, then they're obviously not -- COMMISSIONER NORRIS: That's what the ordinance is intended to do. COMMISSIONER CONSTANTINE: Yeah, they're not taking responsibility. And this is a way of forcing that on them. So I -- obviously, if somebody makes a mistake, then the ordinance is set up so that that -- they're not penalized for that there. They get a warning, but for that repeat person, then I think it's doing, from what you've described, exactly what we want. We need to catch up a little bit on it, but -- COMMISSIONER NORRIS: Give us some idea of the number of dollars involved if you send a car with two people in to respond to a false alarm. What does that cost? CAPTAIN SANDERS: I didn't calculate dollars and cents back in 1995 when I first proposed this to the sheriff. I actually calculated in man-hours, and I only -- I did it because hours and response time -- and you're probably more familiar with figures and those kind of things than I am. They've got studies. But I used the Henderson-Young study, which takes an average -- when a complaint is received, an alarm, the time we receive it, they dispatch the deputy, the deputy would get there and takes care of the complaint, and maybe even the paperwork needs to be generated there, you're talking approximately 39.9 minutes. So I took the average time that -- out of our CAT system that I could pull up, which is 35 point some minutes, and we had over 10,000 man-hours expended just for one deputy. I did not count the backup. So you take an average salary from 12 to $16, and it could be up the line. If I responded to it, it's going to be a little higher. So you're talking about some high dollars that are -- were going out at 22,000 on an average, and if you just average it at $10 a person. COMMISSIONER HANCOCK: Actually, it goes higher than that. If you look at 10,000 man-hours, you're talking about five full-time police officers. Now, I know for -- because you do about 2,000, you know, hours a year. Five officers is about $350,000 total cost for the year. So -- CAPTAIN SANDERS: I tried to stay away from the dollars and cents figure because of -- it does really send a message there, but the man-hours, if you accumulate those particular -- and maybe I shouldn't use the word man-hours, but staffing hours, with what we respond to -- COMMISSIONER MAC'KIE: Thank you. CAPTAIN SANDERS: -- that we respond to throughout the county, there's quite a few. And our goal, as well as your goal, was to reduce those calls for services and hold the people accountable that should be held accountable. This is not to take away from what public safety and responsibility is, to serve the public. COMMISSIONER HANCOCK: The problem we have with this is that the alarm companies, and after someone who's fresh from going door to door to over 1,000 doors in the last four weeks, the number of alarms out there is unbelievable. And not that I tried to get in, I was just knocking. CHAIRPERSON BERRY: I was just going to ask you, was this from personal experience of trying to enter homes? COMMISSIONER HANCOCK: I wanted to make sure they see my flier so I walked in. But what is happening is all these new companies are coming on line and using the Sheriff's Office as a personal security detail. In other words, they install the alarm and then they're -- it's hands off. I mean, they have nothing to do with it anymore. And maybe just as in the past when we've looked at zoning matters and people that were going to be purchasing property in the area, possibly noxious use, and we had them sign something when they purchased the property that said they understand X, Y and Z, maybe in part of our local ordinances that we require local companies that do business in Collier County selling alarms to have their clients or customers sign an acknowledgement of the county ordinance that it will impose a fine the second time. Maybe by doing that, we can't claim that -- no one can claim that they didn't know, and the company has to then keep that on file for a certain period of time. So if someone says well, the company never had me sign it, Sheriff's Office can say well, we can look at that and we can weed out the good companies from the bad ones. CAPTAIN SANDERS: Well, I just so happen to have -- COMHISSIONER MAC'KIE: Just happen to have -- CAPTAIN SANDERS: -- if someone would like to sit down with me a little later, a redraft of the current ordinance that really does hold the alarm people's feet to the fire a little more in reference to permit -- getting a permit to do an install. That way it's a matter of record and we don't have to go out and look up the second key holder information or key holder information within Collier County Sheriff's Office. That's going to be an automatic has to be done that will be sent to us that we will have in the mainframe so that we automatically get that information to start off with. COMHISSIONER MAC'KIE: Makes a lot of sense. CAPTAIN SANDERS: And there's several other elements that we could probably enhance our current ordinance with, but we need to clear what we've got right now and bring us back on track to see exactly what we can do to show a reduction in our current calls for services on alarms. But there are some other avenues out there. And you mentioned -- Florida State Statute is very specific as to what an alarm company must do. And it says they must call the residents prior to notifying us, which I know for a fact it doesn't happen. So, you know, in this proposal that I sent up to the sheriff with working in a partnership with county government in zoning and code enforcement and working in Florida State Statute, it gives us a little tighter grip there when we decide to make that step in that particular direction. And I'm sure it would be supported if you saw what we're trying to accomplish here. And we're trying to make a safer environment for the citizens so we're not spending 22,000 times and responding to false alarms so we can do the other things within the community. CHAIRPERSON BERRY: Okay. COMHISSIONER NORRIS: What I might suggest is that Captain Graham share that information with us and also with the county attorney and let us look at -- COMHISSIONER CONSTANTINE: Who? COMHISSIONER NORRIS: -- it all. COMHISSIONER MAC'KIE: Captain who? Sanders. COMHISSIONER NORRIS: Sanders, I'm sorry. Yeah, that's right, that's Graham. CAPTAIN SANDERS: I'm taller, John. COMHISSIONER NORRIS: That's right. Sorry, slip of the tongue. CHAIRPERSON BERRY: I think that would be a good idea to review that and -- COMHISSIONER MAC'KIE: Yeah, I'd like to see it. COMHISSIONER NORRIS: Yeah, I'd like to. CHAIRPERSON BERRY: -- see whatever else we can do here. And as I said, you and I had had this discussion, and we have -- CAPTAIN SANDERS: Well, I'm sure you've been -- CHAIRPERSON BERRY: -- a constituent, both of us the same constituent that has spoken to us in regard to this, and I want number one to find out if any of the rest of you have received any calls, but if there was something else that we might do, because I fully understand the idea of taking two deputies off the road. All you have to do is ride with a deputy one time and you understand about the false alarm ordinance and the time it takes. COMHISSIONER MAC'KIE: Maybe you could get that one constituent to ride along one time and -- CHAIRPERSON BERRY: That'd probably be a good -- well, I don't know. COHMISSIONER HANCOCK: I'm not sure you want to subject the deputy to that. CAPTAIN SANDERS: Only if you come and ride with us. COHMISSIONER HAC'KIE: Not with my brother, okay? COHMISSIONER HANCOCK: I'm supportive of moving ahead with this, and also want to say I'm very impressed that Captain Sanders knows the personal driving record of at least two commissioners on this board. COHMISSIONER HAC'KIE: Yeah, not bad. CHAIRPERSON BERRY: We will hear confessions after -- after the meeting today, so if there's something you'd like to talk about, why, we can talk about it. CAPTAIN SANDERS: Actually it's probably a driving award. Not only do we recognize bad drivers, but we -- COMMISSIONER MAC'KIE: Oh, he's good. CAPTAIN SANDERS: -- recognize good drivers as well. COMMISSIONER HANCOCK: He's digging out. CHAIRPERSON BERRY: Should we say a good driving record at an accelerated rate of speed? COMMISSIONER HANCOCK: Anyway -- CAPTAIN SANDERS: Ability to control the vehicle. COMMISSIONER CONSTANTINE: Moving right along. CHAIRPERSON BERRY: Okay, this does not require -- I think this is more direction, and I don't think it requires any action. But if you can share that information with our county attorney, then we'll go from there. CAPTAIN SANDERS: Okay. CHAIRPERSON BERRY: Thank you so much, Jim, for coming over. CAPTAIN SANDERS: Thank you. COMMISSIONER MAC'KIE: Thank you. COMMISSIONER NORRIS: I guess we're due for public speakers. CHAIRPERSON BERRY: Public comment. Would all the public members please line up here to speak. How many do we have, Mr. Fernandez? MR. FERNANDEZ: None. CHAIRPERSON BERRY: We have none? COMMISSIONER MAC'KIE: Everybody here's on the dole today. CHAIRPERSON BERRY: Okay, then moving right along, the one item that we had under advertised public hearings has been continued indefinitely. And now we're down to staff communications. Item #14A FDISCUSSION REGARDING JOINT MEETING WITH THE CITY OF MARCO ISLAND - ASSISTANT COUNTY ADMINISTRATOR MCNEES TO REPORT BACK ON 9/8/98 MR. FERNANDEZ: Madam Chairman, we have one item under staff communications I'd like to bring up. I've asked Mike HcNees to prepare a very brief presentation on the fact that we have received a request from the City of Marco Island to hold a joint meeting, in spite of the fact that we had held a date open for some considerable time, and during that period they were not interested in getting together with us. Now they are interested. So Mike has a brief report on it. MR. HcNEES: Mike HcNees from the county administrator's office. What he said. COHHISSIONER HAC'KIE: Ready for your report, Hike. COHMISSIONER HANCOCK: Hike, would you please present the item. COHMISSIONER NORRIS: Is this an official request from the City Council? MR. HcNEES: Yes. We have received your request actually from the city manager of Marco Island, asking that you set aside a date for a joint meeting. We haven't received yet any specific information as to agenda topics. There are -- the only item that we are aware of that is probably budget related is one you've already dealt with, which would be the cable franchise information. COHMISSIONER HAC'KIE: And the sheriff's budget. MR. HcNEES: And the other being the sheriff's budget. Your time is obviously limited before your actual -- your first budget hearing is -- CHAIRPERSON BERRY: September -- MR. HcNEES: -- a week from tomorrow. COHMISSIONER NORRIS: 9th. A week from tomorrow. MR. HcNEES: So your time is limited before that. Your second budget hearing would be two weeks after that. So you need to give us some direction whether you want to set aside a date or seek further information. CHAIRPERSON BERRY: Commissioner Norris? COHMISSIONER NORRIS: My question, though, Mike, was, is this an official request by the council itself? Because I spoke with the chairman within the last few days and he indicated that he didn't want to have a meeting. So is this just a request from the city manager or an official request by -- MR. HcNEES: It is a request from the city manager, representing that the Marco Island City Council would like to meet with the Board of County Commissioners, quote, unquote. COHMISSIONER HANCOCK: Hay I suggest that we try and schedule it between the first and second budget hearings, if possible? Because I think that trying to do it in the next week is unreasonable. This -- you know, coming back after three weeks off, I don't know about the rest of you, but my schedule's pretty full. But do it between those two hearings at some -- COHMISSIONER CONSTANTINE: You took three weeks off? COHMISSIONER HANCOCK: -- at some time, and -- just not during value adjustment board, apparently -- and to also ask that sometime in the next week we receive a list of agenda items. COHMISSIONER HAC'KIE: How about if we ask to see the agenda before we set a meeting? COHMISSIONER CONSTANTINE: Yeah, I -- that's -- because that's what we've done -- COHMISSIONER HANCOCK: That's fine. COHMISSIONER CONSTANTINE: -- consistently with the City of Naples or with Lee County or any of the others. We don't want to meet just to feel good. Let's have a particular agenda. COHMISSIONER NORRIS: Yeah, let's have an agenda so that we can see if we're going to meet. I am -- but the other thing is, Hike, I'd like for you to ask Mr. Moss to clarify whether that was an official vote by the council, because there may be some question of whether there was or there wasn't. MR. HcNEES: I'll certainly do that. COHMISSIONER HANCOCK: It seems to me if they took action on the city council saying we'd like to have a joint meeting, we all would have received phone calls from the media about it, and I didn't get any of that. COMHISSIONER NORRIS: It's just having cleared that, because that's not the word I got from the chairman here the other day. COMHISSIONER CONSTANTINE: Consensus is that if they want -- if the council wants to meet, we'll be happy to, as soon as we know what COMHISSIONER MAC'KIE: What the agenda is. COMHISSIONER CONSTANTINE: -- it is we're meeting about. COMHISSIONER NORRIS: Yeah. Yeah, we need an agenda obviously for our staff to prepare as well. COMHISSIONER MAC'KIE: Yeah, because we -- like you said, that's consistent with the City of Naples. MR. McNEES: Sure. COMHISSIONER MAC'KIE: We've always had set policy tell us whether or not -- COMHISSIONER HANCOCK: I agree with that. I think that's good direction. MR. McNEES: I'll be back next Tuesday then with a further report. CHAIRPERSON BERRY: Thank you. COMHISSIONER MAC'KIE: Thank you. MR. FERNANDEZ: Thank you, Madam Chairman. Nothing further. CHAIRPERSON BERRY: Nothing further? Mr. Weigel, do you have anything to share with us today? MR. WEIGEL: Not at this time. CHAIRPERSON BERRY: Not at this time. COMHISSIONER HANCOCK: No aches, no pains, feeling okay? CHAIRPERSON BERRY: Commissioner Mac'Kie? COMHISSIONER MAC'KIE: Four and a half hours left to vote. CHAIRPERSON BERRY: Four and a half hours left to vote. COMHISSIONER HANCOCK: Again. CHAIRPERSON BERRY: Commissioner Norris? COMHISSIONER NORRIS: Nothing further today. CHAIRPERSON BERRY: Commissioner Constantine? COMHISSIONER CONSTANTINE: No. I'd just like to remind members of the public to get out and vote before seven p.m. CHAIRPERSON BERRY: Commissioner Hancock? COMHISSIONER HANCOCK: I have absolutely nothing to add to this meeting. CHAIRPERSON BERRY: I think I might have but I probably forgot it by now, so it's probably not worth talking about today. Anyway, the meeting is adjourned. Go vote. ***** Commissioner Constantine moved, seconded by Commissioner Hancock and carried unanimously, that the following items under the Consent and Summary Agenda be approved and/or adopted: ***** Item #16A1 RESOLUTIONS 98-298 THROUGH 98-302, RE CODE ENFORCEMENT CASE NOS. 80112-022, LUIS ALFREDO & PATRICIAANN CARVAJZL, 80212-034, SUNBRELLA HOMES INC., 80218-010 THOMAS & LORRAINE SANZALONE, 80313-072 STEVEN J. MILLER, 80319-022 HIMON BARON Item #16A2 RESOLUTIONS 98-303 through 98-307, RE CODE ENFORCEHENT CASE NOS. 70513-082, THALES DELORENZI & PATRICIA CA_MPELO, 70516-045 RALPH & GRACIELA TERRY, 70522-017 LEONARD J. BURBI & NICHOLAS KARALIS, 70530-008 THOMAS WALSH, 70611-010 FREDERIC P. HOCKEHEYER Item #16A3 RESOLUTIONS 98-308 THROUGH 98-312, RE CODE ENFORCEHENT CASE NOS. 70617-011 JEFFERY L. & LISA H. CRAWFORD, 70623-031 JAMES L. WALKER, 70626-027 ALFREDO L. RAMIREZ, 70701-026 FRANK & SHARON J. FERA, 70718-168 ANTHONY A. & ALEXIS G. SASSAivUkN Item #16A4 RESOLUTIONS 98-313 THROUGH 98-317, RE CODE ENFORCEMENT CASE NOS. 70729-073 IVOR KACENBERG, 70731-029 CONNIE SIMON & MARLO PIKUL, 70801-027 KELLY ANN MOHN & JAMES O. MOHN II, 70801-028 KELLY ANN MOHN & JAMES O. MOHN II, 70801-031 MICHAEL & CLAUDIA SCHRAMM Item #16A5 RESOLUTIONS 98-318 THROUGH 98-320, RE CODE ENFORCEHENT CASE NOS. 80302-050 ALFREDO L. & ANNE C. RAMIREZ, 80401-076 KENNETH D. MCDONALD TR & GREG WALCZAK & LYLE ABELL, 80508-015 MABEL H. & VICTOR CHARLES ALBRECHT Item #16A6 RESOLUTIONS 98-321 THROUGH 98-325, RE CODE ENFORCEHENT CASE NOS. 70807-070 FRANK & THERESA KIRBY, 70820-040 DANIEL R. MEYER TR, 80115-020 QUALITY PROPERTIES SW FL INC., 80120-142 WILLIE HAE POSTELL G. JEAN CANTY, 80302-021 JOSE LUIS & LUCILA CATETE Item #16A7 RESOLUTIONS 98-326 THROUGH 98-330, RE CODE ENFORCEHENT CASE NOS. 70627-015 VARNVILLE CORP e Y. BRAUNSCHWEIG, 70714-074 EDWARD J. & LAVERDA L. PELC, 70723-004 MARY JOHNSON, 70728-135 ELHNON & SANDRA S. COMBS, 80126-034 NOEL H. WILLIA_MS Item #16A8 RESOLUTIONS 98-331 THROUGH 98-335, CODE ENFORCEHENT CASE NOS. 80211-051 HAURICE TREHBLAY, 80211-064 HAURICE TREHBLAY, 80223-019 RICHARD I. TEMPLETON, AS TRUSTEE C/O WILLIE K. KUSHHAN, 80226-141 LOUIS & LORETTA CANBRUZZI, 80226-142 ERNESTO RODRIGUEZ CONSTRUCTION, INC. Item #16A9 GRANT AGREEMENT WITH THE U.S. FISH AND WILDLIFE SERVICE FOR FUNDING SEA TURTLE PUBLIC AWARENESS ACTIVITIES Item #16A10 FINAL ACCEPTANCE OF WATER FACILITIES FOR "STONEBRIDGE UNIT FIVE" Item #16All FINAL PLAT OF "STONEBRIDGE UNIT FIVE" - WITH PERFORMANCE BOND, CONSTRUCTION AND MAINTENANCE AGREEMENT AND STIPULATIONS Item #16A12 RESOLUTIONS 98-336 THROUGH 98-338 AND AGREEHENTS, WAIVING IHPACT FEES FOR THREE SINGLE FAMILY HOUSES TO BE BUILT BY HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. IN NAPLES MANOR ON LOT 7, BLOCK 6, NAPLES MANOR EXTENSION; AND LOTS 12 AND 13, BLOCK 11, NAPLES MANOR LAKES Item #16A13 FINAL ACCEPTANCE OF WATER FACILITIES FOR WALGREENS Item #16A14 RESOLUTION 98-339 AND AGREEMENT, AUTHORIZING 50e WAIVER/50e DEFERRAL OF IMPACT FEES FOR ONE HOUSE TO BE CONSTRUCTED BY GISELE PLANCHER AT 5369 HARTIN STREET, NAPLES MANOR ADDITION, COLLIER COUNTY, FLORIDA Item #16A15 FINAL PLAT OF "CARLTON LAKES TRACT G" Item #16A16 FINAL PLAT OF AVILA UNIT THREE - WITH CONSTRUCTION, MAINTENANCE AND ESCROW AGREEMENT AND STIPULATIONS Item #16A17 FINAL PLAT OF AVILA UNIT FOUR - WITH CONSTRUCTION, MAINTENANCE AND ESCROW AGREEMENT AND STIPULATIONS Item #16A18 FINAL PLAT OF AVILA UNIT FIVE - WITH CONSTRUCTION, MAINTENANCE AND ESCROW AGREEMENT AND STIPULATIONS Item #16A19 - Deleted Item #16A20 RESOLUTIONS 98-340 THROUGH 98-352 AND AGREEMENTS RE WAIVER OF IMPACT FEES FOR THIRTEEN SINGLE FAMILY HOUSES TO BE BUILT BY HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. ON LOTS, 20 THROUGH 32, BULLARD SUBDIVISION IN IHMOKALEE Item #16A21 APPLICATION FOR THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION DERELICT VESSEL REMOVAL GRANT ON BEHALF OF COLLIER COUNTY Item #16A22 BID 98-2828 FOR RECORDS MANAGEMENT SERVICES - AWARDED TO LASON SYSTEMS, INC. FOR SERVICES RELATED TO MICROFILMING AND IRON MOUNTAIN FOR STORAGE SERVICES Item #16A23 FINAL PLAT OF "QUAIL WEST PHASE III" UNIT ONE - WITH CONSTRUCTION AND MAINTENANCE AGREEMENT AND STIPULATIONS Item #16A24 RESOLUTIONS 98-353 THROUGH 98-357 RE CODE ENFORCEHENT CASE NOS. 70502-090 KLONDIE ARAGON & JOSE A. PENA; 70724-031 ANTONIO & FLOR HARULANDA; 80212-031, SUNBRELLA HOMES, INC.; 80224-015 KLONDIE ARAGON & JOSE A. PENA; 80224-016 KLONDIE ARAGON 7 JOSE A. PENA Item #16A25 SATISFACTION OF LIEN FOR PUBLIC NUISANCE RESOLUTION 94-662 Item #16A26 BUDGET A_MENDHENT TRANSFERRING FUNDS FROH 113 RESERVES FOR THE COST OF UPGRADING TWENTY-FIVE COMPUTERS, ADDING ONE REDUNDANCY SERVER FOR THE CD-PLUS APPLICATION DATABASE AND FOUR UNINTERRUPTED POWER SUPPLIES - IN THE A_MOUNT OF $65,304.31 ADDED Item #16A27 REQUEST TO APPROVE FOR RECORDING, THE FINAL PLAT OF "VILLA VISTANA" AND APPROVAL OF THE PERFORMANCE SECURITY (DEVELOPER'S REQUEST) Item #16B1 BUDGET AMENDMENTS FOR SOLID WASTE CONTRACTUAL SERVICES - IN THE AMOUNT OF $873,000.00 Item #1682 BUDGET AMENDMENT FOR PURCHASE OF EQUIPMENT NECESSARY FOR MAINTENANCE OF ROAD RIGHTS-OF-WAY AND MEDIANS - IN THE AMOUNT OF $158,500.00 Item #1683 COMPENSATION AMOUNT FOR FISCAL YEAR 1999 AS CONTAINED IN THE AGREEMENT WITH GARY L. HOYER, P.A. TO PROVIDE FOR CURRENT CONTRACT MANAGER SERVICES FOR THE PELICAN BAY SERVICES DIVISION - IN THE AMOUNT OF $53,000.00 Item #1684 - Continued to 9/15/98 TRANSFER OF PROPERTY FROM COLLIER COUNTY TO THE STATE OF FLORIDA TO SATISFY THE REQUIREMENTS OF PERMIT #11-00368-S (HELl PROPERTY) Item #1685 BID 98-2821, "CONTRACTUAL SERVICES FOR TRAFFIC SIGNALS AND STREET LIGHTS" - AWARDED TO HID-CONTINENT ELECTRIC, INC. IN THE ESTIMATED AOUNT OF $456,000.00 AND E.B. SIHMONDS ELECTRICAL, INC. FOR AN ESTIMATED AMOUNT OF $70,000.00 Item #1686 BID 98-2820, "TRAFFIC SIGNAL COMPONENTS" - AWARDED TO TRAFFIC PARTS, INC. FOR AN ESTIMATED AMOUNT OF $40,168.00 AND TRANSPORTATION CONTROL SYSTEMS, INC. FOR AN ESTIMATED AOUNT OF $163,553.00 Item #1687 BID NO. 98-2822, "TRAFFIC SIGN MATERIALS" - AWARDED TO ROCAL, INC., MUNICIPAL SUPPLY AND SIGN CO., AND AMSIGN CORP. - FOR ESTIMATED EXPENDITURES TOTALING $75,000.00 Item #1688 BILL OF SALE FOR ACCEPTANCE OF REPLACEMENT BRIDGES AT ROSE LANE, NURSERY LANE AND BAY WEST NURSERY FROM THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT Item #16B9 VALID PUBLIC EMERGENCY DECLARED; COMPETITIVE BID PROCESS WAIVED; PROCUREHENT OF ENGINEERING SERVICES TO IMPLEMENT THE PERMIT CONDITIONS CONTAINED IN THE ARMY CORPS OF ENGINEERS SECTION 404 PERMIT NO. 199602789 (IP-CC) AND THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION CONSOLIDATED JOINT COASTAL PERMIT, SOVEREIGN SUBMERGED LAND AUTHORIZATION AND VARIANCE NO. 0128463-001-JC, A COMPREHENSIVE MANAGEMENT PLAN FOR THE RESTORATION AND ONGOING MANAGEMENT OF THE CLAM BAY SYSTEM Item #16B10 ASSIGNHENT AND ASSUHPTION AGREEHENT BETWEEN COLLIER COUNTY AND THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT PURSUANT TO THE TERMS AND CONDITIONS CONTAINED IN THE PREVIOUS COOPERATIVE AGREEMENT Item #16Bll WORK ORDER #SC-98-1 FOR CONSTRUCTION OF THE WATER DEPARTHENT'S MAINTENANCE FACILITY - TO SURETY CONSTRUCTION CO. IN THE A_MOUNT OF $199,750.00 Item #16B12 BUDGET A_MENDHENT TO RELOCATE A 12-INCH WATER MAIN FOR THE VALEWOOD DRIVE BRIDGE, PROJECT NO. 70060 Item #16B13 SUPPLEHENTAL AGREEHENT WITH COLLIER NAPLESCAPE 90'S AND GEORGE BOTNER, ASLA, FOR POST-DESIGN SERVICES FOR DAVIS BOULEVARD PHASE II MEDIAN LANDSCAPE IMPROVEMENTS (AIRPORT-PULLING ROAD TO COUNTY BARN ROAD) Item #16B14 CONTRACT FOR CONSTRUCTION MANAGEMENT AT RISK SERVICES FOR THE SOUTH NAPLES COHMUNITY PARK - TO W. G. MILLS, INC. IN THE A_MOUNT OF $288,121.00 Item #16B15 BID 98-2807 RE CONTRACT TO CONSTRUCTION C.R. 951 SOUTH (PART A) MEDIAN LANDSCAPING AND IRRIGATION - AWARDED TO ARAZOZA BROTHERS CORPORATION IN THE A_MOUNT OF $196,327.55 Item #16B16 BUDGET AMENDMENT TO CREATE A PROJECT BUDGET FOR AIRPORT-PULLING ROAD MEDIAN IRRIGATION AND LANDSCAPE REFURBISHHENT SERVICES - IN THE A_MOUNT OF $143,770.00 Item #16B17 DEVELOPER CONTRIBUTION AGREEMENT WITH TRG NAPLES, LTD. (TRG) FOR THE CONTRIBUTION OF LAND AND DRAINAGE IMPROVEMENTS FOR THE SEGMENT OF LIVINGSTON ROAD LYING BETWEEN PINE RIDGE ROAD AND GOLDEN GATE PARKWAY Item #16C1 BUDGET A_MENDHENT RECOGNIZING FUNDS RECEIVED FROHAM INSURANCE CLAIH - IN THE A_MOUNT OF $1,850.00 Item #16C2 FUNDING FOR ADDITIONAL LIFEGUARD COVERAGE AT SUGDEN REGIONAL PARK - IN THE A_MOUNT OF $3,179.00 Item #16C3 CONTRACT BETWEEN COLLIER COUNTY AND DR. HARTA U. COBURN, H.D., FLORIDA DISTRICT TWENTY MEDICAL EXAMINER FOR COLLIER COUNTY, FLORIDA DOING BUSINESS AS DISTRICT TWENTY MEDICAL EXAMINER - IN THE AMOUNT OF $589,300.00 Item #16C4 AGREEMENT FOR THE 1998-99 FUNDING CONTRIBUTION TO THE DAVID LAWRENCE MENTAL HEALTH CENTER, INC. - IN THE AMOUNT OF $810,400.00 Item #16C5 ADDITION TO AGREEMENTS BETWEEN DATA RESEARCH ASSOCIATES, INC. AND THE COLLIER COUNTY BOARD OF COUNTY COHMISSIONERS Item #16D1 BID 98-2819, "GASOLINE AND DIESEL FUEL" - TO VENDORS AS LISTED IN THE EXECUTIVE SUMMARY Item #16D2 BID 98-2686 FOR THE PURCHASE OF PERSONAL PROTECTIVE EQUIPMENT - TO VENDORS AS LISTED IN THE EXECUTIVE SUMMARY Item #16D3 LEASE AGREEMENT BETWEEN COLLIER COUNTY AND NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT Item #16D4 HOLD HARMLESS AGREEMENT BETWEEN COLLIER COUNTY AND THE NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT Item #16D5 CONTRACT BETWEEN COLLIER COUNTY AND FLORIST 1ST, INC. FOR GROUP HEALTH CLAIMS ADMINISTRATION SERVICES Item #16D6 BUDGET AMENDMENT TO FUND 517, GROUP HEALTH INSURANCE Item #16D7 RESOLUTION 98-358, APPROVING THE SATISFACITON 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 98-359, APPROVING THE SATISFACITON 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 #16D9 RESOLUTION 98-360, APPROVING THE SATISFACITON 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 #16D10 RESOLUTION 98-361, APPROVING THE SATISFACITON 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 #16Dll RESOLUTION 98-362/CWS-98-2/HWS-98-1/GWD-98-1, APPROVING THE SPECIAL ASSESSMENT HARDSHIP DEFERRALS FOR CERTAIN WATER AND/OR SEWER SPECIAL ASSESSMENTS FOR THE 1998 TAX YEAR Item #16El BUDGET A_MENDHENTS 98-296; 98-322; 98-360; 98-375/376; 98-382 THROUGH 98-389; AND 98-391 Item #16E2 CONTRACT WITH KOZHIK KOPIES, INC. TERMINATED; BID NO. 98-2848 - AWARDED TO CECIL'S COPY FOR THE PRINTING OF THE BOARD'S WEEKLY MEETING AGENDA - IN THE ESTIMATED COST A_MOUNT OF $2,500.00 FOR THE BALANCE OF FISCAL YEAR 1998 Item #16E3 BUDGET AMENDMENT REQUEST TO RESTORE RESERVES IN THE COUNTY-WIDE FACILITIES CAPITAL FUND (301) - IN THE AMOUNT OF $421,000.00 Item #16G1 SATISFACTION OF LIENS FOR SERVICES OF THE PUBLIC DEFENDER Item #1662 MISCELLANEOUS CORRESPONDENCE - FILD 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 REVISED AUTHORITY LETTER FOR THE SECOND YEAR STATE CRIHINALL ALIEN ASSISTANCE PROGRAM (SCAAP) GRANT FUNDS Item #16H2 ENDORSEMENT OF THE U.S. DEPARTMENT OF JUSTICE COPS MORE '96 GRANT 28 C.F.R. PART 23 CERTIFICATION FORM There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 2:30 p.m. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL ATTEST: DWIGHT E. BROCK, CLERK BARBARA B. BERRY, CHAIRPERSON These minutes approved by the Board on as presented or as corrected TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICE, INC., BY CHERIE' R. LEONE, NOTARY PUBLIC