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BCC Minutes 11/17/1998 RNovember 17, 1998 Page REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, November 17, 1998 LET IT BE REMEMBERED, that the Board of County Commissioners, in and for the County of Collier, and also acting as the Board of Zoning Appeals and as the governing board(s) of such special districts as have been created according to law and having conducted business herein, met on this date at 9:00 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 James D. Carter ALSO PRESENT: Robert Fernandez, County Administrator David Weigel, County Attorney CHAIRPERSON BERRY: Good morning. I'd like to call to order the November 17th meeting of the Collier County Board of Commissioners. This morning we're pleased to have with us Father William Kehayes of St. Katherine's Orthodox Church. If you would please rise for the invocation, remain standing for the pledge of allegiance. Father Kehayes. FATHER KEHAYES: Blessed be our God always now and evermore, Amen. O, God, our Father, a history and experience have given us so many evidences of your guidance to nations and individuals that we should not doubt your power or your willingness to direct us. Give us the faith to believe that when God wants us to do or not to do any particular thing, God finds a way of letting us know it. May we not make it more difficult for You to guide us, but be willing to be led by You, that your will may be done in us and through us for the good of our nation, our state and Collier County in which we live, its commissioners, leadership and our people whom we serve. Help us to see that it is better to fail in a cause that will ultimately succeed than to succeed in a cause that will ultimately fail. Here and at this hour, may your will be done, and may your program be carried out above party and personality, beyond time and circumstance for the good of us all. This we ask through Jesus Christ, our Lord, Araen. (Pledge of Allegiance was recited in unison.) CHAIRPERSON BERRY: Thank you, Father Kehayes, for being with us. Item #2A SWEARING IN OF COHHISSIONER ELECT JAMES D. CARTER, PH.D, AND COHMISSIONER PAM HAC'KIE BY JUDGE WILLIAM BLACKWELL Has Judge Blackwell arrived? COHMISSIONER HAC'KIE: He's here. CHAIRPERSON BERRY: Good morning, Judge. JUDGE BLACKWELL: Good morning. CHAIRPERSON BERRY: At this time, we will have the swearing in of our two commissioners, reelected Commissioner Pam Hac'Kie and newly elected Commissioner Dr. Jim Carter. JUDGE BLACKWELL: Please raise your right hands and repeat after me. I -- your name. COMMISSIONER MAC'KIE: I, Pam Mac'Kie. COMMISSIONER CARTER: I, James E. Carter. JUDGE BLACKWELL: Do solemnly swear or affirm. COMMISSIONER MAC'KIE: Do solemnly swear or affirm. COMMISSIONER CARTER: Do solemnly swear or affirm. JUDGE BLACKWELL: That I will support, protect and defend. COMMISSIONER MAC'KIE: That I will support, protect and defend. COMMISSIONER CARTER: That I will support, protect and defend. JUDGE BLACKWELL: The constitution and government. COMMISSIONER MAC'KIE: The constitution and government. COMMISSIONER CARTER: The constitution and government. JUDGE BLACKWELL: Of the United States. COMMISSIONER MAC'KIE: Of the United States. COMMISSIONER CARTER: Of the United States. JUDGE BLACKWELL: And of the State of Florida. COMMISSIONER MAC'KIE: And of the State of Florida. COMMISSIONER CARTER: And of the State of Florida. JUDGE BLACKWELL: That I am duly qualified to hold office. COMMISSIONER MAC'KIE: That I am duly qualified to hold office. COMMISSIONER CARTER: That I am duly qualified to hold office. JUDGE BLACKWELL: Under the constitution of the state. COMMISSIONER MAC'KIE: Under the constitution of the state. COMMISSIONER CARTER: Under the constitution of the state. JUDGE BLACKWELL: And that I will well and faithfully perform. COMMISSIONER MAC'KIE: And that I will well and faithfully perform. COMMISSIONER CARTER: And that I will well and faithfully perform. JUDGE BLACKWELL: The duties of county commissioner. COMMISSIONER MAC'KIE: The duties of county commissioner. COMMISSIONER CARTER: The duties of county commissioner. JUDGE BLACKWELL: On which I am now about to enter. COMMISSIONER MAC'KIE: On which I am now about to enter. COMMISSIONER CARTER: On which I am now about to enter. JUDGE BLACKWELL: So help me God. COMMISSIONER MAC'KIE: So help me, God. COHMISSIONER CARTER: So help me, God. JUDGE BLACKWELL: Congratulations. Thank you. (Applause.) JUDGE BLACKWELL: Madam Chairman, may I be excused? COHMISSIONER NORRIS: You may, Judge. CHAIRPERSON BERRY: Thank you, Judge Blackwell, for being here with us. COHMISSIONER HAC'KIE: Jim, when I got here four years ago, they told me first the swearing in, and then the swearing at, so get ready. COHMISSIONER CARTER: So get ready. CHAIRPERSON BERRY: It's a short-lived moment of glory. Item #3 CONSENT, SUMMARY AND REGULAR AGENDA - APPROVED WITH CHANGES Okay, Mr. Fernandez, do we have any changes to our agenda, please? MR. FERNANDEZ: Yes, Madam Chairman. Good morning, commissioners, and welcome, Commissioner Carter. The first item to add is item 10(A). This is a request for reconsideration of the Lely guardhouse issue, requested by Commissioner Constantine. The next is to add item 16(A)(3), which is request to approve for recording of final plat of North Collier Industrial Center and approval of performance security. Staff request. Next is to add item 16(A)(4), a request to approve final plat of Jasmine Lake, staff request. Next is to continue item 8(B)(2) to the December 1st meeting. This is to approve the Livingston Road utility facilities reimbursement and contribution agreement. Staff request. Also, Madam Chair, I would like to bring up under my portion of the agenda a request from the Florida Association of Counties that the Board of County Commissioners appoint a commissioner to sit on the board of directors to replace Commissioner Hancock, who will be going off. CHAIRPERSON BERRY: At this time, commissioners, I'm going to recess the meeting for approximately 10 minutes to meet with Mr. Fernandez, Mr. Weigel and Mr. Korn from the Lely Barefoot Beach, so we'll recess for about 10 minutes. (Recess.) CHAIRPERSON BERRY: ***All right, we'll reconvene the meeting of the Board of County Commissioners. We have an item that's been placed on the agenda by Commissioner Constantine in regard to the rehearing of the Lely Barefoot Beach. There has been some concern about the -- whether this is a proper motion to be filed. There's a difference of opinion. And at this time I'd like Mr. Weigel to speak to the ability to place this on the agenda. MR. WEIGEL: Yeah, I'll preface my remark by indicating that all items previously mentioned to the board as add-on items or changes have not been endorsed by the board yet, including item -- proposed item 10(A). In regard to the proposed item is a request for reconsideration of the Lely guardhouse issue, which was a specific agenda item before the board on November 10th, 1998, last week. I advised the board that they are governed by the ordinances which are the local county law in regard to proceedings of the Board of County Commissioners; specifically, that's ordinance 75-16, as amended. And the second ordinance is the reconsideration ordinance, which is ordinance 81-54. Sub-paragraph -- sub-paragraph F, appearing on page CD-218 of our code, addresses quorum. I'll try to be as succinct as possible here. It states a majority of the board shall constitute a quorum. No resolution, legally binding document or motion shall be adopted by the board without the affirmative vote of the majority of all members present. Now, a question has come up in regard to the subsequent paragraph, sub-paragraph G, rules of debate, which states in pertinent part, the following rules of debate shall be observed by the board except as herein provided. Questions of order and the conduct of business shall be governed by Robert's Rules of Order. Now, a review and a discussion of Robert's Rules of Order may raise issues of the ability of the commission, with a membership change for a new member to come and vote who is not a part of the previous item that had a board determination, and also in regard to the propriety of having a reconsideration at all. I bring the board's and public's attention to the sentence I just read, "except as herein provided." And the "except as herein provided" in sub-paragraph G certainly countenances sub-paragraph F preceding, which states no resolution, legally binding document or motion shall be adopted by the board without the affirmative vote of the majority of all members present. This ordinance is specific, it is clear and it does not disenfranchise any individual commissioner from having the ability to participate in the meeting. Additionally, the reconsider ordinance states at its beginning, any matter which has been voted upon by the Board of County Commissioners may be reconsidered as follows: And the procedures follow. Mr. Constantine has elected and utilized the procedure of Section 2-41 of Ordinance 81-54 to bring the matter before the board today. It is my opinion that this Board of County Commissioners, as presently constituted, may entertain an agenda item of a motion to reconsider if it is proffered to the commission today. COMMISSIONER MAC'KIE: So we can go forward with the agenda. One suggestion I would have -- or request, frankly, would be, would it be out of order to take this item first and get it done, since it's fresh in everybody's minds? CHAIRPERSON BERRY: Well, what we've got to do first off is agree to place it on the agenda. COMMISSIONER MAC'KIE: I see. CHAIRPERSON BERRY: That's the first thing. And because there is a discrepancy in terms of agreeing or disagreeing on whether this should be on the agenda, that's what we -- we need to approve the agenda item, if that's everyone's desire first, and then we will move into items on the agenda as we would any other thing, so -- COMMISSIONER MAC'KIE: I did have one item to add to the agenda CHAIRPERSON BERRY: Okay. COMMISSIONER MAC'KIE: -- just a communication. CHAIRPERSON BERRY: All right, sure, go right ahead then. You want to add something under communication? COHMISSIONER HAC'KIE: Under communication. COHMISSIONER NORRIS: 147 COHMISSIONER HAC'KIE: That's fine. CHAIRPERSON BERRY: 157 COHMISSIONER HAC'KIE: 15, yeah. COHMISSIONER NORRIS: I have no changes. CHAIRPERSON BERRY: Okay. Commissioner Constantine? COHMISSIONER CONSTANTINE: Two-part question for Mr. Weigel on the item he just discussed. First, it has been, in my six years on the board, the practice that if a commissioner would like something to appear on the agenda, to pretty much place it on the agenda. Secondly, the reconsideration ordinance allows for that not to be -- maybe I just misunderstood where you were going with that, but it sounded as though we were then going to have a discussion and vote on whether or not to place it on the agenda. And I think as long as all the procedures of the reconsideration ordinance were followed, then it will be reappearing on the agenda under that ordinance, and then we have the debate whether or not we want to reconsider it. But -- and maybe I misunderstood what you said. CHAIRPERSON BERRY: No, the problem arises in the fact that there is a difference in opinion between Robert's Rules of Order and our ordinance, okay? And I wanted to clarify whether -- which one took precedent, okay, and that's what the whole idea is over here. COHMISSIONER CONSTANTINE: That's -- I don't have any other changes other than that add, then, and I guess I would -- CHAIRPERSON BERRY: Robert's Rules of Order states one thing, Commissioner, and our ordinance basically is silent in another area, and it puts -- it speaks -- Robert's Rules of Order speaks to the role of the chair, ours does not. It basically leaves me hanging up here as a chair of this group, as far as I'm concerned. And I wanted to know what direction -- what we were following here today and make sure that I knew what the proper procedure was to go forward with what we were doing, okay? COHMISSIONER CONSTANTINE: As far as the agenda itself, I don't have any other changes other than that one add-on. I would just -- in response to your suggestion, it might not be a bad idea to do it while it's fresh, particularly in the attorney's mind, so we don't -- COHMISSIONER HAC'KIE: I like that. COHMISSIONER CONSTANTINE: -- rev them all up again. CHAIRPERSON BERRY: Okay -- COHMISSIONER CARTER: I have no -- CHAIRPERSON BERRY: -- Commissioner Carter? COHMISSIONER CARTER: I have no additions, Madam Chairman. COHMISSIONER HAC'KIE: I make a motion to approve the agenda, the consent agenda and the summary agenda, with the amendments offered. CHAIRPERSON BERRY: There's no summary agenda item, so we -- COMMISSIONER MAC'KIE: Okay. CHAIRPERSON BERRY: -- need to make sure -- COMMISSIONER CONSTANTINE: Well, we won't approve them. CHAIRPERSON BERRY: -- that that's out there. Actually, you just have the consent agenda -- regular agenda, the consent agenda for approval. COMMISSIONER MAC'KIE: So moved. COMMISSIONER CONSTANTINE: Second. COMMISSIONER NORRIS: Second. CHAIRPERSON BERRY: We have a motion and a second. All in favor? Opposed? (No response.) CHAIRPERSON BERRY: Motion carries five-zero. COMMISSIONER CONSTANTINE: I think we may have established a new record. 9:50 before we approved the agenda. COMMISSIONER NORRIS: That's a new record. COMMISSIONER CARTER: I hope this is not a bad omen. CHAIRPERSON BERRY: The best is yet to come. COMMISSIONER MAC'KIE: Would you entertain going ahead and hearing this now? CHAIRPERSON BERRY: No, because we have some proclamations and service awards -- COMMISSIONER MAC'KIE: I see. CHAIRPERSON BERRY: -- so I think that we need to do that first and then we'll move on. Item #5A1 PROCLAMATION PROCLAIMING THE WEEK OF NOVEMBER 22-28, 1998 AS FARM CITY WEEK - ADOPED Okay, let's start off with the first proclamation, which is my proclamation for Farm City Week. If I could have -- is Alise Priddy here? No? Ellie Krier, would you come forward? Denise. COMMISSIONER HAC'KIE: And Chris. CHAIRPERSON BERRY: Please come forward. All three of you come on up here. Come on up to the dais, turn around and face the cameras and smile so everyone can see you at home. The proclamation reads as follows: WHEREAS, November 22nd through the 28th is National Farm City Week, a time set aside to recognize and honor the contributions of our country's agriculturists and to strengthen the bond between urban and rural citizens; and WHEREAS, agriculture is a vitally important element in Collier County's economy, with over 300 million in sales generated annually; and WHEREAS, Collier County ranks 21st nationally, out of the nation's 3,150 counties in total value of crops sold; and WHEREAS, the Board of Collier County Commissioners supports local agriculture through programs, including cooperation with the University of Florida's Cooperative Extension Service; and WHEREAS, all citizens are encouraged to pause and recognize the contributions of local farmers and ranchers to the economy, the food supply and society. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that on behalf of the citizens of Collier County, great appreciation and honor is owed to all of this county's agriculturists, and that November 22nd through the 28th, 1998 be designated as Farm City Week. Done and ordered this 17th day of November, 1998, Board of County Commissioners, Barbara B. Berry, Chairman. I'd like to move acceptance of this proclamation. COMMISSIONER HAC'KIE: Second. COMMISSIONER CONSTANTINE: Second. CHAIRPERSON BERRY: We have a motion and a second. All in favor? Opposed? (No response.) CHAIRPERSON BERRY: Motion carries five-zero. (Applause.) COHMISSIONER HAC'KIE: Agriculturalists? CHAIRPERSON BERRY: Agriculturists. COHMISSIONER HAC'KIE: Agriculturists. It's a new word for me. MS. KRIER: Good morning, commissioners, and thank you very much. I'm Ellie Krier with the Naples Area Chamber of Commerce, and as always, it is our pleasure to be the part of the city that sponsors Farm City Barbecue, and in conjunction this year with the Golden Gate Chamber and the Immokalee Chamber. And I would like to quickly recognize the new executive director of the Immokalee Chamber, Hireya Louviere, who is here. If she'd stand up. (Applause.) MS. KRIER: While my associates from the farm side have interesting statistics to tell you about agriculture, I will tell you that the best party in town is Wednesday the 25th at the Farm City Barbecue. For those of you who do not know, many of your commissioners will be serving the steak and the Immokalee salad and all the trimmings that go with it, and it's a wonderful opportunity to celebrate the agricultural basis of our community. Thank you. CHAIRPERSON BERRY: Thank you very much, Ms. Krier. MR. DeCUBELLIS: Thank you all. I sure appreciate you all having us with you today. I've only been in Collier County a short time, and as you can see from my tie, I'm a Gator fan. And whenever the University of Florida is in the top 25 in football, I'm mighty proud, being an alumni and all. But Collier County's in the top 25, too, in total agriculture production. In all the counties in the United States, we have the distinction of being 21st out of all those counties in total agricultural productions. And I'm proud of that, that I can work in a county where we're helping to feed so many people. And I thank you all for allowing us to come down here. COHMISSIONER HAC'KIE: Thank you. CHAIRPERSON BERRY: Thank you. (Applause.) Item #5A2 PROCLAMATION RECOGNIZING THE EFFORTS OF HR. SKIP CAMP - ADOPTED CHAIRPERSON BERRY: And our next proclamation, I believe, Commissioner Constantine. COHMISSIONER CONSTANTINE: Commissioner Hac'Kie. COHMISSIONER HAC'KIE: Actually, I have that. CHAIRPERSON BERRY: Okay. COHMISSIONER HAC'KIE: If Skip Camp is here still. There you are, Skip. Come forward. It's good to be recognized for some good work by our employees, so come on up. Come on, there's no shyness allowed, while I read this proclamation. WHEREAS, Collier County has a program that recognizes employees for outstanding effort and hard work; and WHEREAS, the program is limited to non-management employees; and WHEREAS, on occasion, a management employee so distinguishes him or herself that special recognition is warranted; and WHEREAS, Mr. Skip Camp has, through his recent efforts, negotiated and finalized complicated four-party contractual agreements on behalf of all Collier County employees and citizens; and WHEREAS, as a result of Mr. Camp's extraordinary efforts, a Subway and Dunkin' Donuts have been made available to everyone who works or visits the County Government Complex; and WHEREAS, additional productivity can be expected from county employees as a result of this new convenient amenity; and WHEREAS, nine cents of every dollar collected from the food operation will go toward improvements for the handicapped. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that the efforts of Mr. Skip Camp, Collier County facilities management director, have warranted this proclamation of special recognition and appreciation on behalf of all who work with and visit the Collier County Government Complex. Done and ordered this 17th day of November, 1998, Board of County Commissioners, Barbara B. Berry, Chairman. I'd like to move acceptance of this proclamation -- COHMISSIONER NORRIS: Second. COHMISSIONER HAC'KIE: -- and to point out that Skip does a lot of really, really good things for this county, this being one example. CHAIRPERSON BERRY: We have a motion and a second. All in favor? Opposed? (No response.) CHAIRPERSON BERRY: Motion carries five-zero. (Applause.) COHMISSIONER HAC'KIE: Did you bring donuts? He did. COHMISSIONER CONSTANTINE: We now have our own donut king. CHAIRPERSON BERRY: As a matter of fact. MR. CAMP: On behalf of the thousands of citizens that utilize the Collier County main government complex and your employees, all of us thank you for the support on this issue, and this is to show our appreciation. I will tell you, they've been paid in full, so don't worry about that. And most of them are sugar free. Thank you very much. COHMISSIONER CONSTANTINE: Do you have any gift disclosure forms? COHMISSIONER HAC'KIE: Yeah, I need a gift disclosure form. CHAIRPERSON BERRY: I'll see you guys, I'm out of here. That's very nice. Thank you very much, Skip. COHMISSIONER HAC'KIE: Thank you, Skip. Item #5B EHPLOYEE SERVICE AWARDS - PRESENTED CHAIRPERSON BERRY: Oh, man, I've got to sit up here and smell these. I'll tell you, we're going to move this meeting right along from now on. COHMISSIONER HAC'KIE: That will do it. CHAIRPERSON BERRY: Okay, next on our agenda is service awards. Mr. Norris. COHMISSIONER NORRIS: Thank you, Madam Chairman. Our first recipient this morning is Susan Peck from our library for five years of service. (Applause.) COHMISSIONER NORRIS: Our next recipient is Ramona Daugs, from domestic animal services, for also five years. (Applause.) COHMISSIONER NORRIS: And we also have Nancy Adler from code enforcement for 10 years today. (Applause.) Item #SA1 STAFF ANALYSIS OF THE TOURIST DEVELOPHENT TAX PROGRAM - REPORT PRESENTED AND STAFF TO SET UP WORKSHOP CHAIRPERSON BERRY: All right. Hoving on then to the order of our business. Item 8(A), staff analysis of the tourist development tax program. Mr. Hihalic? MR. HIHALIC: Good morning, commissioners. I'm Greg Hihalic, department of housing and urban improvement, and I'm here before you to discuss the staff's analysis of the tourist development program. And I guess I'd like to make some general comments before we begin, and one of which is I know that there have been a lot of discussions and criticisms about some of the events that have been funded and some of the ads that have been placed, but the State of Florida rates hospitality locations and they rate them by two factors. One, is the occupancy of our rooms; what percent of our rooms are occupied. And the second factor is what is the average daily rate of our rooms. And the Collier County market is number two in both of those factors. In our occupancy rate, the only place in the State of Florida that has higher occupancy than Collier County is the Orlando area. In our average daily room rates, the only place that has higher room rates than Collier County are the Keys. So we, on average, are the number one market in the State of Florida for hospitality. So I think you have to keep that in perspective. Secondly, the tourist development funds have really been an increasing entity. In the last four years, your tourist development funds have gone up approximately 100 percent, and the gap between the in-season and off-season funding has been narrowing. And I think that's what you want to do with your tourist development programs is narrow the gap between the in-season and the off-season and increase the amount of money that is coming in from your tourists. I think that you've been successful in that way. I'd like to try to go a little bit to the analysis, and we really had tried to do a compilation, what do other places in the state do. And I wanted to show you a few graphs, and your books show them also. We looked at how Collier County allocates its tourist development funding, compared to the other 40 counties in the state on average allocate their funding, and that's on the cover of your book. And you'll see that probably the biggest difference is that we allocate a much higher percentage for beach renourishment than the average county. But that really isn't a total analysis, because obviously, there's a lot of counties that are not -- that don't have beaches and don't have beaches to renourish. So we've done a second analysis. And we looked at the Southwest Florida coastal counties and we said, well, how do we compare to them? And you'll notice that we also have a much higher percentage of our tourist development funds allocated than even Southwest Florida coastal counties. And Collier County is one of those counties that sort of skews that percentage higher, compared to the rest of them. So I think that we need to keep that in mind and take it into consideration. We looked at how other counties handled their money and we came up with two models. We looked at the Sarasota model, and we looked at the Palm Beach County model. Sarasota because it's close, it's a Southwest Florida county, and Palm Beach, because the state recommended that as one of the better models in the state. And I must say that both of those locations have occupancy rates of at least ten percent lower than us. So, you know, their occupancy is down in the 68 to 70 percent range, where ours is above 80 percent. So we have a better market inherently than they do, no matter what we're doing with our tourist development funds. And both of these programs have some similarities. One, they've been in effect for at least 10 years. They allocate their monies in beach renourishment, as well as special events, as well as an advertising and promotions program. They use outside nonprofit agencies for their advertising and promotion, both of them. And they use some type of committee analysis for the special events that they give. And they then bring those recommendations back to your Tourist Development Council and back to the Board of County Commissioners. I think the number one recommendation that we would like to make is that we really would like to move away from the quarterly allocation of monies. We have to get on a once-a-year schedule, and we have to coordinate that schedule with the budget hearings that are held for the county budget. So we would suggest that we shift all of our analyses into the January, February, March and April months. We have all the applications come in during that time period; probably have two or three meetings, one for advertising promotion and one for special events and beach renourishment. And then we bring those decisions into the budget so that your budget document will show you where the TDC money will be spent within the next fiscal year. All contracts will be from October 1st to September 30th. And you would need a three-month reporting cycle on all your events. We also believe that we need to bring some consistency into the program. And we think that you have to have a strategic plan in all your areas of where you're going, where you're going to be, what you're trying to achieve to be able to have some benchmarks to be able to evaluate that by. And we think that's the second important consideration. If I can move to our individual considerations. We believe that we should expand our ordinances to allow all the uses allowed under the state statute. In that way you, the Board of County Commissioners, can decide how you want to utilize this money and what you would like to fund, rather than being restricted within your statutes in what you want to fund. Your original referendum was rather narrow, and you have expanded that by super majority vote several times. One was to add the third penny onto the tax; the second was to fund museums with that tax; and the third was to expand the fishing piers. And those are three major changes that you made by super majority vote by amending the ordinances. In the beach renourishment category, like we said, we'd like to expand it to all the uses allowed by state statute. We think it's important that we only use the funds in areas where there's public access for residents and tourists. And we also say that you should really do an analysis of your beach improvement needs and possibly consider reallocating the additional penny that you presently use for beach renourishment after the January, 2000 sunsetting of that, that you continue that tax and consider reallocating it or some of it to other areas. In the promotion and advertising category, the B-1 category, weTre recommending that all your B-1 funds should be administered by one non-for-profit tourist development agency. We think that all applicants for this should provide a five-year comprehensive plan on how theylre going to utilize the funds. All annual contracts in this area should run from October 1st to September 30th. And all invoicing should be submitted on standardized forms designed by county staff. And we saw that in other programs that we looked at. We think that our advertising promotion gets leveraging from the large hotels we have. Most other counties do not have the big six hotels that we have, The Ritz, The Registry, the Marriott, the Hilton, the Radisson, and the Naples Beach Hotel. Their advertising and promotions budgets are probably around 12 million dollars, and that leverages the amount of money that we put in advertising and promotion. And weTre recommending more tie-ins like are being done now between our TDC funding that goes into that area and their outside advertising. And some of that cross-advertising is going on right now. So their logo is going in, the symbols are going in, the key words are going in, so therels a trade-off in the advertising that does go on. Now we get to category B-2, the special events category. I know thatls of special interest to you commissioners. We are recommending that we do keep the B-2 special events category, but weTre recommending that we reduce the maximum funding to $25,000. And weTre recommending that that be matched by the recipient on a matching basis. And of their match, only 25 percent of that match can be in kind. The rest must be cash. We think this will restrict the number of events that we do, and we will recommend that you look at that fund, and if itws growing like it was several years ago, that money be reallocated to another area or considered to be reallocated to another area. We believe that only Collier County based non-profits should be able to apply for that money. We should keep the money here within Collier County, and we should have local sponsors and local organizations applying for that money. Thatls the special events money. The project must take place within the next fiscal year in the off-season, the shoulder or the vacation season. Right now it says we try -- we should trend toward having our events off-season. We think this should be a mandated requirement. We should not be funding any events during the season. Quarterly reports should be given on each event prior to the holding of the event and then after the event is held. And again, as I said, the events must be held in the off-season or shoulder season months of May 1st to November 31st. In category C, the museums category, weTre recommending that again, we expand to all the authorized uses allowed under the state statutes. We would require that each museum that receives funding have a five-year plan to be formulated and updated on an annual basis. All contracts for the museum should run from October 1st to September 30th, like the rest of the contracts that we're recommending, to align them with the county fiscal year. And similar to what we talked about in the other categories, applicants for the category C funds shall submit their applications by March 31st of each year. Only one submittal date per year. And again, this would be incorporated within the county budget documents. your budget document will talk about where the TDC funds will be allocated in the next fiscal year. The fourth category, fishing piers. We recommended that we should move this category into category A with beach renourishment. It is funded by reallocated category A funds, but in speaking to the county attorney's office, they believe that because this is a separate section of the state statutes, they believe it should retain its own category separately, and that fishing piers should be treated separately, and so we'd like you to just not consider our recommendation that it be rolled into B-i, because they don't believe that that's feasible under the state statute. And I'm certainly available to answer any questions you may have. CHAIRPERSON BERRY: Commissioner Constantine? COHMISSIONER CONSTANTINE: I asked you all to entertain some changes in -- this past summer and this is where we've gotten. As I went through this stuff, some of these I agree with and some of them I don't, which I assume is the same with all of you. But I wanted to run through some of them and just share some thoughts. And I'll save my comments on expanding the uses in category A until the end. But category B and B-1 and B-2, I read a comment in this morning's newspaper from Commissioner Hac'Kie that talked about including special events in an overall plan rather than singling them out, and I agree completely for a couple of reasons. It seems to me we ought to allow up to a certain amount for special events, rather than require or mandate that so much must be spent on special events. And what that does is if there is something that is great and worthwhile that comes along, we've got a chance to fund it, but it doesn't require us to set money aside that might otherwise be better spent, if no special event is forthcoming. And so I'd be much more comfortable if we allow -- include all of that in one category, have an "up to" allowance, rather than a requirement or a mandate. Under the second item for -- well, let's run through B-1 first. All category B-1 funds should be administered by one not-for-profit tourist development agency. I'm just curious why we say not-for-profit. And why I ask that, and I've said this both to the TDC and here, is if Joe Blow advertising agency can do it at the same price and do a better job -- I don't know that they can, but if they can, why would we want to prohibit them from doing it? MR. HIHALIC: Because I think that by having a broad-based agency that has all the tourism groups represented within them, that by nature as a nonprofit agency they can then turn and hire whoever they wish to implement their program. But I think that everyone should have a seat at that table, all the chambers and all the tourist organizations within the county, to be sure that they believe that the whole county is represented with the B-1 funds. COHMISSIONER CONSTANTINE: I agree with your rationale there. I guess they don't come to the same conclusion in that if someone, whether it's a non-for-profit group or a for-profit group, has to come -- has to put a plan together and then has to come to the board, the only way they're going to succeed is to work with all the local groups anyway. I think if someone operated in a vacuum, they would never get the bid. Second item there is first year applicants will provide the county with a five-year comp. plan. Just from a professional marketing standpoint, I understand we have five-year in the other parts of our tourist development plan, and I assume the purpose for that five-year is to maintain consistency throughout. MR. HIHALIC: Yes, Commissioner. COHMISSIONER CONSTANTINE: From a professional marketing perspective, I would think a three-year plan is more feasible, only because you can lay out -- if you look at your major marketing campaigns, even for the big products nationwide, they are usually on a three-year span, and they will roll into a different marketing phase after that. You're not going to keep seeing the Taco Bell Chihuahua five years from now. COHMISSIONER HAC'KIE: Thank God. Sorry. COHMISSIONER CONSTANTINE: I think it is important to have the annual contracts and to have that stuff come up once and once only and not keep revisiting that throughout the year. I think we lose something in the way of perspective when we do it several times. You may have had great ideas that don't come up until a third quarter and you've already expended all your funds, or vice versa. And it may be a lame idea, but it's the only one that comes up in the third quarter and so we go ahead and give it. I think having an annual plan and renewing that regularly is good. As far as the category A, and even category C, it was a voter initiative that created the tourist tax under certain parameters? MR. HIHALIC: Yes. COHMISSIONER CONSTANTINE: And we're suggesting several substantive changes to that. We're looking to expand the authorized uses, and we're looking to add to the amount of tax once that's sunsetted. That was approved with a particular sunset in mind. And my thought is just if it -- since it's a taxpayer initiative, I'd like to see us put those expanded uses and the expanded cent on the ballot and let the public again endorse that. It just seems to me, if we're talking about the things we are here, like Lake Trafford or like beach parking, there is overwhelming sentiment in favor of that. But it keeps us consistent and keeps us true with the origins of this tax, which was voter approved, voter initiative, something that came from the public, not just forced upon them. And I'm convinced that there would be overwhelming support in allowing us to maintain the credibility of the tax, but still achieve those things, Lake Trafford, beach parking, the high priority items that we've set out for goals. COHMISSIONER HAC'KIE: Madam Chair? CHAIRPERSON BERRY: I'm not sure he's finished. Are you finished? COHMISSIONER CONSTANTINE: I am, thank you. CHAIRPERSON BERRY: Oh, okay. Commissioner Hac'Kie? COHMISSIONER HAC'KIE: Just if we're looking for consensus, and I think that's what the staff's probably looking for -- but before I say that, I want to say this is the best, most thorough, most concise, most well presented report I think I've gotten since I've been on the board, Greg. It was understandable, it was an executive summary, it was just top, top notch and I really want to commend you for that. It was great work and I appreciate it. MR. MIHALIC: Thank you. COMMISSIONER MAC'KIE: And to keep it short, I agree, special events should be part of an overall marketing plan. I don't know if marketing plans should be five or three years. I'd defer to somebody else's thoughts on that. I think that my predisposition is toward a not-for-profit, but I'm open to that issue, too. If it should be a for-profit agency, the critical part there for me is that all of the industry have a seat at the table, everybody be represented, and that it be broad-based. And I do support expanding the ordinance to allow for all the statutory uses to be included. And you guys know that I've been a big proponent of trying to get private museums that are available to the public to at least be able to apply. And keep it in mind that all we would be doing is saying that as the statute has changed, our ordinance will follow and those -- it just opens the door for applications. It sure doesn't guarantee any money will be spent on anything. My only hesitation about going to a referendum would be a timing question, if it's going to slow down, for example, the Wilkinson House's opportunity to apply for funding, and other things that are out there. But most important is that we have this one overall umbrella organization and that everything be as a part of one overall plan, including special events. That's my thoughts. CHAIRPERSON BERRY: Commissioner Norris? COMMISSIONER NORRIS: Well, as I stated in an earlier meeting, my preference would be to reduce the special events funding to $10,000 total per year, and do the same with the advertising and marketing funds, and simultaneously reduce the tax. In other words, what I would propose to do with this whole thing is tax less, spend less and have less government involvement in the marketing of tourism in this county. Obviously, the tourism industry is doing a pretty good job, as pointed out by the statistics. And I believe, if I understood your numbers right, our funding that we provide for the local tourism only amounts to about two percent of the total marketing budget from the private sector; is that approximately correct? MR. MIHALIC: From the big six hotels, yes, Commissioner. COMMISSIONER NORRIS: And that's just from the big six? MR. MIHALIC: Yes, Commissioner. COMMISSIONER NORRIS: So -- yeah, so my point is that apparently that private sector is doing a bang-up job of it by themselves. I don't think they need government interference to continue. That's what I would like to see, tax them less, spend less and get the government out of it. As far as a referendum goes, I don't believe it's necessary. We're elected to represent the people. The ordinance -- or the original referendum was not specific enough or specific to the point that we would have to go back to a referendum to make the alterations that are being proposed, so I don't support that. CHAIRPERSON BERRY: Commissioner Carter, do you have any comments, please? COMMISSIONER CARTER: Yes. Thank you, Commissioner Berry. And I'm new at this process, as you all well know, but my background is planning. And I commend you, Greg, in what your staff has done putting this together. But as I went through this, as I always ask, what's the plan. And I think what I see here, that what you have done is tell us where we are now and how we got here. The questions in my mind, as we're outlining this here, is where we want to go, how we'll get there and what are we going to look like. And I'm not real comfortable at this point when we get to the point of what we want to look like and whether we use a public, whether we use a not-for-profit or profit organization, is how exactly are we going to do this and how can we best spend these dollars. I have no problem with the process or the policy that you're putting together. I think we are a bargain in Collier County. I think three percent should remain, that we should use that. We should expand for the various things that have been outlined here. But I would like to see us take a hard look at everything that you've put together, plus what was presented to us by Travel Destinations, so that we do this right. What are we going to have here, a convention bureau? Are we going to have a designated group? At this point, I would -- my recommendation for this commission would be, I would like to see us take a workshop, go through all of this, and then really ask ourselves is this how we're going to get here and this is what we're going to look like so that your -- all your work and everything that's been done in the past, that we can get maximum benefit from this input. So Madam Chairman, that's where I'm at at this point. CHAIRPERSON BERRY: Okay. I too agree, Greg, that this is an excellent report that you've put together. One thing I -- there's certain parts of this that I like, there's certain parts of the Travel Destination group that we also got, and there's some things that we're doing currently that are okay, too. So, you know, we kind of need to bring and come together. And I agree with Commissioner Carter in terms of looking at what the vehicle may -- what's it going to be. I think that's probably the biggest question in our mind right now. And I think one way to arrive at that, I do agree that I think we need to have a workshop. Since we've gotten all this material, yours, the other one, we need to sit down both with the Chamber, with the visitors bureau -- MR. MIHALIC: The tourism alliance. CHAIRPERSON BERRY: -- the attractions group, what have you, and sit down and kind of talk about what we've got here and what we're looking at. Without doing that, yeah, I have some personal thoughts on what I would like to see. I think as far as this particular report that we have in front of us, the special events, I would really like to see that used overall, combined with the advertising and promotion. Rather than keeping it as a separate category, I would like to see that combined. Because I think then you're going to look at events that are going to promote Collier County as a whole, rather than looking at any group that feels like they have a worthwhile event. And we have many of those. I'm not, you know, saying and cutting any one of those events down. But I would like to see the special event in relationship to how it promotes Collier County. And so those are the kinds of things -- I would rather have two or three really good events a year rather, or say four events a year, than to have numerous little events, you know, something going in one direction and something else in another direction. I would like to see that. And again, I think whatever the group is that is compiled to review, I think they would be the group to take a look at the special events and decide which of those events would promote the county as a whole. And I think that that's incredibly important that we consider that. I think that's all I've got to say at this time. Mr. Fernandez, do we have any speakers on this item? MR. FERNANDEZ: What number is this, A-i? Yes, Madam Chairman, the first speaker is Jack Pointer. COMMISSIONER NORRIS: Is this simply a report today? CHAIRPERSON BERRY: It is a report. COMMISSIONER NORRIS: This is just a report, you're not asking for action today? MR. MIHALIC: No, Commissioner. CHAIRPERSON BERRY: No. We may be looking for some general direction to where we want to proceed from there, but that's -- MR. POINTER: Good morning, commissioners. My name is Jack Pointer, I live in Willoughby Acres, and I have followed what has been going on in this TDC report in the last several weeks. My only thing that I want to add -- or to say to you is that please, whatever you choose to do and how you choose to use those TDC funds, are fine with me in the past and I'm sure they will be in the future. But whatever you choose to do, be sure that you, the Board of Commissioners here, are the ones that are in the line of responsibility so that all of these charges and all of these costs do come before you. Greg has done a fine job, particularly on this matter that came with advertising recently. Greg and people like him are responsible and can do a fine job through the county manager, be suring (sic) that you people are the ones that are finally reported to and controlling the money. Thank you. CHAIRPERSON BERRY: Thank you. And I really -- I think statuterily we are charged with that responsibility, so we're not going to bypass that. COMMISSIONER NORRIS: No. CHAIRPERSON BERRY: Any other speakers? MR. FERNANDEZ: Next speaker is Ellie Krier, and then the final speaker is Emily Maggie. MS. KRIER: Good morning. Ellie Krier from the Naples Area Chamber of Commerce. I would just like to reiterate what I told you on November 4th, which is we think that the next step, now that you have this magnificent resource added to what we presented to you on that date, is a workshop session where we have the opportunity to not only let you all absorb all this and ask us questions as an industry, but provide you our best efforts as well. CHAIRPERSON BERRY: Okay, very good. MS. KRIER: So we look forward to that as soon as possible. CHAIRPERSON BERRY: Thank you. MR. FERNANDEZ: Final speaker is Emily Maggie. MS. MAGGIO: Good morning. For the record, my name is Emily Maggie, and I live in Little Hickory Shores. I'm a little nervous this morning. I wasn't intending to speak. But while you're considering the ordinance, I'd like to bring up my old favorite, beach parking fees. The only place we charge parking fees is at the beach. It seems to me that we're inviting these tourists, they're very important to us, that's evident, and I mean, there's an equity issue here, too. All tourists pay the same three percent. Those who do not have accommodations on the beach then have to pay again to enjoy what it is they're paying for. My thought has always been that why couldn't some of this tourist money go into maintenance of parks, all parks, whatever, because they use our parks too, not just beach parks. Inland parks, museums. And that way we all go fee free, first come, first serve. Just the ravings of a mad housewife. Thank you. MR. FERNANDEZ: No other speakers, Madam Chairman. No other speakers. CHAIRPERSON BERRY: No other speakers? Okay. COHMISSIONER HAC'KIE: I would support the idea of a workshop, because this is too important. And we've got so much information. And, frankly, I'll be honest, I've spent a lot of time on it, and I know that others have, and I'm pretty clear on where I think it ought to go. But I think getting the consensus in the community is the right way to approach it. CHAIRPERSON BERRY: Okay. Commissioner Constantine? COHMISSIONER CONSTANTINE: We -- and I have no objection to that, either. We've had several discussions on this, and it sounds as though we have consensus on a few points. And maybe at least, if we go forward with a workshop, we ought to make those clear. And I just highlighted them here. It sounded like we had consensus on that we need to create some sort of plan, we need to create a marketing plan, whether that's three-year or five-year or whatever it turns out to be, and that that ought to be administered by one entity. And I would just add, Commissioner Hac'Kie, I jotted down a note that when you were talking about your predisposition toward a not-for-profit, I think I am, too. I just wouldn't want to exclude, if there's some genius idea that somebody comes up with from the private sector, I wouldn't want to exclude that. I think we'd probably all be predisposed toward the not-for-profit groups. COHMISSIONER NORRIS: Well, I agree with you. Don't you think that the proper way to do this would be put out an RFP? COHMISSIONER CONSTANTINE: Yeah, yeah, right. But -- and I'm sorry to digress there, but it sounded like we had consensus to include special events as part of that overall plan. And while I'm in the minority on this, it sounded like there was consensus to go ahead and expand the uses as allowed by statute. And so at least, if we know where we're coming from those points, then we can define those in a workshop better. But that gives our staff a starting point from which to lay out things, and the people in the Chamber and the Visitors, Inc., and all those groups, somewhere to come from as we sit down. COHMISSIONER HAC'KIE: I think it's a great idea if we start with those, as that is the present consensus of the board, are we right or wrong on those points, and are there other points we may have omitted that -- CHAIRPERSON BERRY: One other thing I'd like to ask. If we are to continue the penny beyond 202 (sic), we have to put that back on the ballot? COMMISSIONER MAC'KIE: I don't think so. CHAIRPERSON BERRY: Or do we have the discretion to -- how does that work, Mr. Weigel? MR. WEIGEL: I'll look to Ms. Ashton to correct me if I'm wrong, but I don't believe that that's required to be on the ballot at this point. I think it can be expanded or extended by local law. CHAIRPERSON BERRY: Okay. COHMISSIONER HAC'KIE: Super majority? MS. ASHTON: For the record, Heidi Ashton. And that's correct what Mr. Weigel had stated. COHMISSIONER HAC'KIE: Super majority, Heidi? MS. ASHTON: Yes, by a super majority vote. CHAIRPERSON BERRY: Okay. I guess I just look at the tourist tax -- and I certainly don't mean to step on anybody's toes -- but all due respect, we invite people to come to Collier County, and that's wonderful. And we all complain; we're all going to start really complaining here shortly, December, January, February, about the traffic. COHMISSIONER HAC'KIE: I already started. CHAIRPERSON BERRY: And that's okay, too. And we're happy to have them here, and God bless them, and that's our economy, and we all recognize the importance of the tourist economy in Collier County. At the same time, it has been said, and we'll say it again, it is a bargain to come to Collier County and stay in our hotels here when it comes to this tourist tax. And I really don't see anything wrong in continuing that tax. I believe that this affords us the ability, particularly if we're going to expand it to include perhaps parking facilities, what we've all heard so many times, that we need these kinds of things to perhaps upgrade. You know, they mentioned here restroom facilities, et cetera, et cetera. These are things that we need to take a look at. And yes, when you look at other counties, perhaps they don't spend as much money on tourism in this particular area, as far as the beaches are concerned. They don't have the beaches like we have in Collier County. And we've got to maintain them. It's a real asset. People love to come down and see the beach. So anyway, we need to consider that. And I think at this point in time, Mr. Fernandez, if I understand the direction of the board, everybody seems to be looking at a workshop. If we could kind of coordinate some dates, or if you could check with commissioners on their calendars and see what might be available. COHMISSIONER CONSTANTINE: December 24th. CHAIRPERSON BERRY: I don't think -- COHMISSIONER CARTER: December 24th. CHAIRPERSON BERRY: -- December 24th would be advisable. COHMISSIONER NORRIS: What's the next -- fifth Tuesday? Anybody know what -- COHMISSIONER HAC'KIE: Well, January we start with two meetings a month, so we're going to have a lot of free time. CHAIRPERSON BERRY: There will be a -- yeah, right. COHMISSIONER HAC'KIE: Sarcasm. COHMISSIONER CONSTANTINE: Maybe we can do it Saturday night. CHAIRPERSON BERRY: But if we can't -- I know it's going to get -- things are going to get very jammed up here between now and the end of the year. If there's some time, fine. But if not, then we need to do it as early in January as possible. COHMISSIONER HAC'KIE: I agree. MR. FERNANDEZ: Okay. COHMISSIONER CONSTANTINE: Madam Chairman, just a final note. CHAIRPERSON BERRY: Just not the 6th of January. But that's okay. COHMISSIONER CONSTANTINE: Perhaps one of the most telling comments, and I think Greg said it, was -- right at the beginning -- and that is our standing as essentially the number one tourist run in the State of Florida. And what is interesting is we have heard criticism a couple of times in this debate that we don't spend nearly as much money as other places. Well, apparently what we spend is -- CHAIRPERSON BERRY: Effective. COHMISSIONER CONSTANTINE: -- more effective. And so it's not how much you spend, it's how effectively you spend it. And the industry is doing something right, so -- CHAIRPERSON BERRY: If there's nothing further -- Mr. Weigel? MR. WEIGEL: Just a point of information, that Ms. Ashton reminds me that pursuant to previous board direction, there is an amortized ordinance in regard to the museums coming up for next week, be advertised at next week's hearing. And on December 1st is the advertised hearing for the inclusion of Lake Trafford restoration into our ordinance, TDC ordinance. CHAIRPERSON BERRY: Okay. MR. WEIGEL: Thank you. CHAIRPERSON BERRY: Did all you Lake Trafford people hear that? They did not hear you. If you could -- MR. WEIGEL: Okay. On December 1st, I believe, is the advertised hearing date for the board consideration of the amendment to our tourist tax ordinance providing for the ability to fund the Lake Trafford restoration. COHMISSIONER HAC'KIE: And just in case everybody else didn't hear it, the private museum one is next week -- MR. WEIGEL: Yes. COHMISSIONER HAC'KIE: -- correct? MR. WEIGEL: Correct. CHAIRPERSON BERRY: Okay. MR. FERNANDEZ: Madam Chairman, we'll find the first available date for a workshop. CHAIRPERSON BERRY: Okay, very good. MR. FERNANDEZ: We'll set it up. CHAIRPERSON BERRY: Okay. If there's nothing further for Mr. Hihalic? Thank you very much. MR. HIHALIC: Thank you, commissioners. Item #8A2 FUNDING FOR THE TOURISH ALLIANCE OF COLLIER COUNTY, NAPLES AREA CHAMBER OF COHMERCE, AND THE MARCO ISLAND YHCA - NAPLES AREA CHAMBER OF COHMERCE AMENDMENT ONLY APPROVED CHAIRPERSON BERRY: Hoving on then, item 8(A)(2). Approve funding for the Tourism Alliance of Collier County -- COHMISSIONER CONSTANTINE: Move the item. COHMISSIONER MAC'KIE: I have a question about it. many years have we funded this? MR. HIHALIC: Which project, Commissioner? COHMISSIONER MAC'KIE: 8(A)(2) -- oh, I'm sorry. MR. HIHALIC: There's three -- there's three different items. CHAIRPERSON BERRY: There's three items wrapped up in -- I mean, how COHHISSIONER HAC'KIE: The sports festival. MR. MIHALIC: This is the third -- CHAIRPERSON BERRY: This will be the third year. MR. HIHALIC: This is the third year, Commissioner, and the TDC said that in their opinion, this should be the last year that that item's funded. COHMISSIONER HAC'KIE: I guess in my opinion, last year should have been the last year. CHAIRPERSON BERRY: All due respect, it's a fine event, but there is some question. And I know that I have received a couple of phone calls in regard to this. Not questioning the event, per se, but questioning how much it really did in terms of heads in beds kind of thing. I'm not sure the vote was accurate on this, Greg, as I reviewed the vote. You've got it stated here as five-zero, and I believe it was a four-one vote. MR. HIHALIC: We may have -- CHAIRPERSON BERRY: Because I believe I dissented on that vote. MR. HIHALIC: We have it as three-two, Commissioner. Maybe on -- CHAIRPERSON BERRY: On The YHCA? MR. HIHALIC: Yes, it was three-two was -- CHAIRPERSON BERRY: Okay, we've got a five -- I was going to say, it shows here as a five-zero, so -- MR. HIHALIC: On my spreadsheet it's three-two. CHAIRPERSON BERRY: Three-two? COHMISSIONER HAC'KIE: On the blue sheets it does say five-oh, and I'm glad you clarified that. Because I wanted to support the category B-1 items, but I just don't think we need to continue to support the sports festival, because we have long enough, and it needs to run on its own. COHMISSIONER NORRIS: Well, assuming this is going to be the last year of funding, I second your motion. COHMISSIONER HAC'KIE: Was there a motion? COHMISSIONER NORRIS: Yes, there was a motion. COHMISSIONER HAC'KIE: Oh, sorry. CHAIRPERSON BERRY: Commissioner Constantine moved it, Mr. Norris seconded that motion. If there -- do we have any speakers on this item, Mr. Fernandez? MR. FERNANDEZ: Yes, you do, Madam Chairman. You have one speaker, David Rice. CHAIRPERSON BERRY: Okay. COHMISSIONER CONSTANTINE: Dave, are you going to talk us out of this? COHMISSIONER HAC'KIE: Well, he doesn't know yet what his votes are. MR. RICE: David Rice, volunteer director of the Sports Fest '99. I'm here to encourage you all to think about our last hoorah, and I have in here -- this is my third appearance, and I'll speak very succinctly and just try to perhaps convince you that we are putting bodies in beds a little bit better than you might think. Last year we were funded $55,000. This year it was recommended by the TDC and the staff to fund us at 50,000 as a last hoorah. I'm here, of course, to suggest that you do that. In 1998, the Marco/Naples Sports Fest had 1,898 paid participating athletes, and in that we represented 16 states and five countries. It was the first sporting event in my 12 years as a resident in the Collier County area where a standing world record holder participated in any event, and that was in our in-line skating event, Mr. Eddie Masker, from California. Our in-line skating marathon, which is one of 25 sporting events that we offered in the area, was rated in the top 10 in the nation as a particular event. Speaking of bodies in beds, I had selected seven hotels that seemed to have appeared most mentioned in our registration applications as where our people stayed during these events. And in that I included in Naples the Comfort Inn and Super Eight Motel on 951. And, of course, on Marco Island, the Lakeside Inn, the Boathouse, and then the three majors, the Radisson, the Hilton and the Marriott. On Friday, June 5th, our percent of occupancy in those seven hotels was 93.4 percent, and on Saturday, June 6th, our percent of occupancy was 99.7 percent occupancy. That means the total rooms sold in those seven hotels -- which we weren't obviously limited to those seven hotels -- and it's also obvious that everyone in those hotels weren't from the sports festival, but those seven hotels represented 3,312 rooms sold for that two-night period, with an average occupancy rate of 96.6 percent. We think that the dollars spent from the TDC was actually shown to be very categorically correct in increasing our hotel occupancy rate in those seven hotels. Also, I'd like to speak to Greg's report, and I'm in total agreement, as a citizen, and as an event volunteer, in that report, Greg. I've been privy to that report. I'm the 1999 president of the Marco Island Chamber of Commerce, and we've discussed it in great detail, and I'm in total agreement with his -- with that committee's report and would support it 100 percent. What I'm saying about our particular event is we're -- I think we're a year away into doing exactly what Greg wants to say a special can do. My background is in college athletics, as a football coach and athletic director. And I can say that I never hired a coach that I didn't give him a five-year period. So we're talking three and five years. In order to be some type of successful, you need to have a track record going in in order to build a program, not only to be a winner in sports, but also a winner financially. I think that we're meeting the needs of the county and I think that we have met the standards as set by the TDC commission and also -- committee -- and also yourselves. We set very high standards. We -- we're not a money-making proposition. Any funds that are collected above and beyond our expenditures go to the Marco Island YMCA. We have no paid employees of any kind. I'm one of 700 volunteers that put on the event this past year. We're looking forward to continuing it. If not funded, we're looking forward to continuing it, period. The only difference might be that instead of having it in the off-season, we might have it during the season, because that would be when most people would be here. Financially, we are self-sufficient in maintaining the program as we see it, with the exception of promotion. The promotion end of it, we would have to do a lot more work in order to raise funds from sponsoring organizations, for example, in order to fulfill what we spent last year on promotion. But we're certainly self-sufficient. And as I said, I think we're a year away in meeting the standards that Greg had set as far as matching dollars for dollar, as far -- and I think that's a great idea, because it would only encourage us event sponsors of people to do such a thing. COMMISSIONER MAC'KIE: Madam Chair, I have a question. CHAIRPERSON BERRY: Commissioner Mac'Kie? COMMISSIONER MAC'KIE: I appreciate your numbers, and if I heard it right, it was that the hotels that you measured were 96 percent full during the festival? MR. RICE: 96.6 on the two-day average. COMMISSIONER MAC'KIE: Were you able to tell, or were there any other special events, or was there a convention in town? MR. RICE: No, we were convention free. The week before, which was our major convention at the Marriott, which is the National Association of College Athletic Directors. And we tried to make sure that we're not -- COMMISSIONER MAC'KIE: Gotcha. MR. RICE: -- you know, competing with a major event. COMMISSIONER MAC'KIE: And the other question I have is, if I understood you right, it's that any money that's, quote, made on the event goes to the Marco Y? MR. RICE: Correct. COMMISSIONER MAC'KIE: What has been the contribution to the Marco Y? MR. RICE: Last year it was $3,500. COMMISSIONER MAC'KIE: $3,500. MR. RICE: Right. We spent -- the year before we -- in 1997 we spent, for your information, $120,000 to run the event. Last year we spent $106,000 to run the event. We were able to raise a lot more money through sponsorships in order to make up that difference in the promotion end of it. We do have a couple of other things I'll just mention quickly -- COMMISSIONER MAC'KIE: Can I, just on that point? Because that -- that's a little bit of a touchy issue for me and that is, you know, at one point we had a deal in our special events category that if you made money, you repaid your grants, to the extent that you made money, and frankly, I think that belongs there. Because otherwise, we need to be clear that we essentially are providing a $3,500 grant to the Marco Y. And that may be completely appropriate, but I don't think it is. MR. RICE: Yeah, I believe that was four years ago, but that stipulation has not -- COMMISSIONER MAC'KIE: I understand. MR. RICE: -- been in effect lately -- COMMISSIONER MAC'KIE: Yeah, we took it out -- MR. RICE: -- which might be something Greg's committee might want to -- COMMISSIONER MAC'KIE: I think -- MR. RICE: -- refer to. COMMISSIONER MAC'KIE: -- it came out at the same time as the whole golf tournament stuff was going on, and whether or not PGA has to pay back whatever portion of, you know, profit they may have made off of golf tournaments and those things. And I think it was a part of all of that. But that's something let's please be sure is included in the workshop discussion, because I'd like to revisit whether or not that needs to be repaid. MR. RICE: Two last points, if I may. COHMISSIONER HAC'KIE: It's up to the Chair. MR. RICE: The promotion end of it, we have been working very diligently with the state. The Governor's Council on Sports and Physical Fitness, led by executive director Jimmy Carnes -- and I believe I sent you that magazine during that time, I don't know if you recall it -- but they had selected the Sports Fest '98 as the model program in the State of Florida, and they have provided that program to 50 other municipalities around the state as a model program. I've been personally involved in helping develop one in Hutchinson Island on the East Coast, and I guess because of that, recently I've been asked to be considered to serving on the Governor's Council on Sports and Physical Fitness. The other thing is the fact that we have been able to ascertain some interest in some major sponsorships. I think people who run these events have great difficulty in getting major sponsorships. The Sports Authority has expressed tremendous interest as a national sponsor to help this cause, which I think in the long-range will assist us in making up the deficits that we're expecting to happen in the future, based on Greg's report. And lastly, In-line Skate Magazine and In-line Skate U.S.A., which represents the skating industry, is proposing to have an international competition of 12 countries represented, one a month, throughout the entire year in a professional skate marathon, which is, you know, quite prevalent in that particular sport. The Marco/Naples Sports Fest has been invited to be the United States' representative as the site for that, should that become a reality. If that becomes a reality, we're hoping it does, of course, that opens all kinds of -- at least ESPN 2, possibly ESPN coverage, as far as getting some tremendous coverage in that. That's down the road and we're just hoping that those things come about. CHAIRPERSON BERRY: Thank you. MR. RICE: Thank you. CHAIRPERSON BERRY: As I listen to you talk, I'm beginning to wonder how much this is tourist related, or if this is just a general county kind of function or something that might work through parks and recreation. I -- COHMISSIONER HAC'KIE: Sure doesn't sound like a tourism program to me. MR. RICE: Well, that's -- CHAIRPERSON BERRY: It just doesn't. I mean, I -- granted, the TDC funds are there, I understand that, but I'm not sure that -- the more you talk about it, that this is the right venue that you need to be approaching. I'm not so sure it isn't something else. MR. RICE: I appreciate that comment. Giving you a couple more statistics, up to -- CHAIRPERSON BERRY: No, we've had enough. Thanks, David. COMMISSIONER MAC'KIE: Thanks. MR. RICE: Well, 40 percent of -- CHAIRPERSON BERRY: We're dealing with this item, okay? So I think your time is up at this point in time. MR. RICE: Thank you. COMMISSIONER MAC'KIE: Madam Chair? My other thought, too, is the more he talked, the more I was more convinced and hoped maybe someone else on the board who is, that this event has outlived the need for tax support. And congratulations, that's the great news. CHAIRPERSON BERRY: That's the idea of it. COHHISSIONER NORRIS: Well, on the other hand, I think we've made a commitment in the past, at least inferred or implied a commitment that we were going to support it this year, so I think we need to carry on with that. But I think it's certainly with the understanding that this is our final year for support. CHAIRPERSON BERRY: Okay. If we have no further speakers, we have a motion and a second. I'll call for the question. All in favor? COHMISSIONER NORRIS: Aye. COHMISSIONER CONSTANTINE: Aye. CHAIRPERSON BERRY: Opposed? COMMISSIONER MAC'KIE: Aye. CHAIRPERSON BERRY: Aye. COMMISSIONER CARTER: Aye. CHAIRPERSON BERRY: Motion fails three-two. COMMISSIONER MAC'KIE: I make a motion to approve the funding for the B-1 items and to deny the funding for the Sports Fest. CHAIRPERSON BERRY: You can do that. We have a motion. Do we have a second? Well, forget it on the agenda. I'll go ahead and second the motion. But I can tell you that I didn't support any of these at the TDC, so that will give you an indication of how I intend to vote on these items. COMMISSIONER MAC'KIE: Even the B-l's? CHAIRPERSON BERRY: The whole works. So anyway, we'll go forward. I'll call for the question. All in favor? COMMISSIONER MAC'KIE: Aye. COMMISSIONER CONSTANTINE: Aye. CHAIRPERSON BERRY: Opposed? COMMISSIONER NORRIS: Aye. COMMISSIONER CARTER: Aye. CHAIRPERSON BERRY: Aye. Mr. Carter? COMMISSIONER CARTER: Aye. CHAIRPERSON BERRY: Which, in favor -- opposed or in favor? COMMISSIONER CARTER: I'm opposed. CHAIRPERSON BERRY: You're opposed? Okay, that motion fails three-two. COMMISSIONER NORRIS: Then that's it. COMMISSIONER MAC'KIE: Well, somebody could make another motion. I mean, we have to do -- what -- COMMISSIONER NORRIS: We don't have to do anything. We just voted not to do anything. COMMISSIONER MAC'KIE: No, sir, I'm clear on what we just voted. My question was -- CHAIRPERSON BERRY: What we voted was not to fund any of these items. COMMISSIONER HAC'KIE: And is that what your position was, Madam Chairman? CHAIRPERSON BERRY: Yes, it was. COMMISSIONER CONSTANTINE: Well, the motion was to support two of them and it failed, so -- COMMISSIONER MAC'KIE: Right. COMMISSIONER CONSTANTINE: -- if there -- is there -- maybe to clarify, is there a motion just to not support them and you get your three and we're done with it? CHAIRPERSON BERRY: Sure. In fact, I think I could make a motion to that effect. COHMISSIONER HAC'KIE: What will happen, Greg, with the B-1 activities if we don't fund them? MR. HIHALIC: Well, this money will be held into the pot until it's allocated at a later time, whether it's in the special events area, B-2, or in the advertising promotion area, B-1. CHAIRPERSON BERRY: It's not going to go anywhere. It's going to be there. COHMISSIONER HAC'KIE: And that's attractive to me, except for I just need to understand what activities that would have been going on will not be going on. MR. HIHALIC: Let me raise one more issue. One of these activities, the Naples Chamber of Commerce, is additional monies on their contract -- COHMISSIONER HAC'KIE: Right. MR. HIHALIC: -- that has already expired, because they incurred more for the fulfillment than they had been originally budgeted for. Obviously, if that item is defeated, they will not get the money for the additional money they spent out of pocket for their fulfillment through August 3rd, I believe, 1998. So that would be a dead item. The rest will be held. COHMISSIONER HAC'KIE: So I'm going to make a motion that we approve the second of the B-1 items, that we approve the $55,688.67 to cover a shortfall in the Naples Area of Chambers' fulfillment costs and deny the other two applications. CHAIRPERSON BERRY: Okay. COHMISSIONER NORRIS: Deny all others? COHMISSIONER HAC'KIE: Okay. CHAIRPERSON BERRY: I'll second that. If there's no other discussion, I'll call the question. All in favor? COHMISSIONER HAC'KIE: Aye. CHAIRPERSON BERRY: Aye. COHMISSIONER CARTER: Aye. COHMISSIONER NORRIS: Aye. CHAIRPERSON BERRY: Opposed? COHMISSIONER CONSTANTINE: (Nods head affirmatively.) CHAIRPERSON BERRY: Motion carries four-one? COHMISSIONER CONSTANTINE: Yeah. CHAIRPERSON BERRY: Motion carries four-one. MR. HIHALIC: So I understand, we're going to go through with the Naples Chamber of Commerce amendment? CHAIRPERSON BERRY: Yes. MR. HIHALIC: Thank you. CHAIRPERSON BERRY: That's it. Item #10A REQUEST FOR RECONSIDERATION OF LELY GUARDHOUSE ISSUE - APPROVED COHHISSIONER CONSTANTINE: Madam Chairman, I have a funeral of a family friend at 11:00. I wondered if we could do -- 10(A) really should only take about two minutes, because it's not a discussion of the substance, it's just a vote on reconsideration. CHAIRPERSON BERRY: Okay. COHMISSIONER CONSTANTINE: I wondered if we could take that one item out of order. CHAIRPERSON BERRY: We can do that. We'll take that item 10(A), which is the reconsideration of Lely Barefoot Beach issue, placed on the agenda by Commissioner Constantine. COHMISSIONER CONSTANTINE: Madam Chairman, I just asked the board to bring this back for reconsideration at an upcoming week within whatever the time constraints of our reconsideration ordinance area. I don't know whether that's next week or whenever it is. COHMISSIONER HAC'KIE: Is a motion what's necessary to bring that back? CHAIRPERSON BERRY: We have to vote to reconsider it. At that point in time, it will be placed on a future agenda in two weeks, and then there -- it will be reheard by this board. COMMISSIONER MAC'KIE: So moved. CHAIRPERSON BERRY: Okay, we have a motion -- COMMISSIONER CONSTANTINE: Second. CHAIRPERSON BERRY: -- and a second. Do we have any public speakers on this issue? MR. FERNANDEZ: Yes, Madam Chairman, you have one. Jason Korn. MR. KORN: Jason Korn for Lely Barefoot Beach Master Association, Inc. and Lely Barefoot Beach Property Association, Inc. Good morning, commissioners. CHAIRPERSON BERRY: Good morning. MR. KORN: It is the position of the homeowners associations -- you've heard of both those associations collectively -- that it is improper to have a motion for reconsideration on the settlement agreement which was entered into and approved at the last meeting, November 10th, 1998. That was also item 10(A). I want to incorporate by reference my letter to the county of yesterday, November 16th, 1998, as well as November 13th. I believe they are in the record. If they are not, I move to have them in the record. MR. WEIGEL: We can submit them. COMMISSIONER HAC'KIE: They're in the record. MR. KORN: Okay. Basically, commissioners, the vote of November 10th, 1998 was the acceptance of a settlement agreement. Your own code refers to Robert's Rules of Order, that when the question -- except as herein provided, questions of order and the conduct of business shall be governed by Robert's Rules of Order. For example, where the code is silent, not necessarily on the subject matter. When it had to proceed with order and business to fill in the gaps of your code, Robert's Rules applies. For example, can the Chair move that -- find that a motion is out of order, not hear it? Your code doesn't speak to that, Robert's Rules does. References in my letter are all to the current ninth edition, printing 1998. The bottom line is that when the board -- when the board accepted the settlement agreement on November 10th, '98, it was in the nature of a contract. Under Florida case law and Robert's Rules, you had the choice to rescind during that meeting. You could have moved to reconsider. But when that meeting adjourned, the contract was set. Robert's Rules of Order specifically provides that for a motion to reconsider, it can be applied to the vote on any motion, except -- and this is section 36 in the standard descriptive characteristics on page 312 -- except an affirmative vote in the nature of a contract when the party to the contract has been notified of the outcome. Obviously, the associations were notified of the outcome. We've actually taken action consistent with the settlement agreement. We've removed the gatehouse guard arms, they're off now during the day, during park hours; that's pursuant to section four of the agreement. And we also have not proceeded with taking actions to argue the appeal, or move to file anything in the appellate court at this point. So a settlement agreement is in the nature of a contract, that's what it is. Under Florida Rules of Judicial Administration, settlement agreements do not have to be in writing. The administerial task of signing the settlement agreement is an administerial task. Settlement agreements in civil litigation again can be oral. And I refer the board to various cases in Florida law in which the courts decided that when the commission accepted a bid or entered into a contract, it was final. And interestingly, the City of Homestead versus Raney Construction, in that case the council voted to authorize the acceptance of a contract. Thereafter, at the meeting, two council members were not reelected to the board and a new board attempted to invalidate that. The court affirmed the award of damages to the company where the contract was granted and held the following, and I note: We hold the city code -- because there was a code in place, like yours -- requiring a resolution of the city council did not invalidate the contract, which was completed. The city, because of a change in the personnel of the council, ought not to be allowed to use the technicality of the direction provisions of its code to defeat the contract that came into being with the acceptance of the plaintiff's bid. In addition, in another case, Desmond versus Escambia County, the Florida First District Court of Appeal, 1971. After a board similarly had voted four to one to award a lease of a public beach, and at the next meeting the board voted to rescind its acceptance, the court held that the county's acceptance of the bid resulted in a contract, even though a formal written contract was not executed. In addition, the court stated that fair dealing is required by all parties, and public officials should set the example. The county should have been required to comply with the plain and unmistakable issues of law. In one other case, Schloesser versus Dill, in 1980, again, similar facts. The court held that a contract comes into being with the acceptance by the county, unless the action is rescinded at the same meeting. And that a valid and enforceable contract arose between the parties at the point of the board's notice of appeal. The importance is that Robert's Rules of procedure provides that anything in the nature of a contract -- not necessarily a contract, but in the nature of -- cannot be reheard -- cannot be reconsidered. What Commissioner Constantine could have done, or anyone else on the board, is move to rescind at that time, before the adjournment of the meeting, or even move to reconsider. It was available to Commissioner Constantine to move during that meeting to reconsider. With the new board coming on, in effect, he waived his rights to reconsider thereafter. In fact, he relinquished his rights. Could have been rescinded, was not. And I bring, respectfully, the board's attention to again Robert's Rules of Order. If I may have a minute? CHAIRPERSON BERRY: Go ahead. MR. KORN: That -- and this is very important. The Robert's Rules speaks to the effect of a periodic partial change in board membership. That's Section 48. In cases where a board is constituted so that a specific portion of it is chosen periodically, it becomes, in effect, a new board each time such a group assumes board membership. And here's the kicker: Consequently, all unfinished business existing when the outgoing portion of the board vacated membership falls to the ground. Now, the chairperson, Chairperson Commissioner Berry, is entitled to find that a motion is out of order. Robert's Rules provides that -- and this is important for parliamentary procedure -- the parliamentary forms are designed to assist in the transaction of business. It is the duty of the presiding officer to prevent members from misusing the legitimate forms of motion. Whenever the Chair becomes convinced that one or more members are using parliamentary forms for obstructive purposes, they should not recognize the members, or should rule that such motions are out of order. That's Section 38, Dilatory and Improper Motions. COHMISSIONER HAC'KIE: But I just have to interrupt you -- MR. KORN: Sure. COHMISSIONER HAC'KIE: -- in her defense, that she's received advice from the county attorney that she is appropriate in allowing this item to be heard. And as much as I respect and understand, you know, that you're here making your client's case, I often want to give the board legal advice and they remind me that Mr. Weigel is the county attorney. And -- COHMISSIONER CONSTANTINE: Yeah, and I can't tell you how many times in the first two years -- and John will remember this -- the first two years I was on the board that I would ask then Mr. Cuyler, are we governed by Robert's Rules of Order. No. The answer was no. We used those loosely here, and -- but that we're governed by ordinance. And he's already gone through the ordinance. COHMISSIONER HAC'KIE: And with respect -- COHMISSIONER NORRIS: You have a fine argument, but you're arguing to the wrong person -- COHMISSIONER HAC'KIE: Yeah, save it -- COHMISSIONER NORRIS: -- the wrong body. COHMISSIONER HAC'KIE: Save it for the judge. We'll go there, we know that, but we're not going -- I mean, I -- MR. KORN: I just wanted the board respectfully to be informed of the specific rules of procedure that in our position do apply based upon your own code -- COHMISSIONER CONSTANTINE: I guess -- MR. KORN: -- just for due process. COHMISSIONER CONSTANTINE: -- a final thought. There's two flaws with your argument; one, I did point out within 30 seconds of the conclusion of the item, that it would be reconsidered, that I'd bring it up for reconsideration. COHMISSIONER HAC'KIE: As reported in the media the next morning. COHMISSIONER CONSTANTINE: And the reconsideration ordinance, the law -- an ordinance is the law -- explains it quite differently than you just did. And secondly, it's kind of the pot calling the kettle black, frankly, to say if you come in here and agree to something, then -- and you talked about oral representations -- COHMISSIONER HAC'KIE: Good point. COHMISSIONER CONSTANTINE: -- are binding. Well, in 1995, Bill Hazzard stood at that very same podium representing your client, and agreed to a settlement, and backed out on that later. And so if you want to say the oral settlement is binding, I'll be happy to return to that 1995 agreement. COMMISSIONER MAC'KIE: Absolutely. MR. KORN: Did you take a vote on that? COMMISSIONER CONSTANTINE: Yeah, we did. MR. KORN: I was not aware -- I was not around at the time, as you know. I can't argue as to the merits of that. What I'm pointing COMMISSIONER MAC'KIE: It was moved -- MR. KORN: -- out is the rules of order with what had happened at the last meeting. COMMISSIONER CONSTANTINE: That's fine. MR. KORN: And what -- and actually -- COMMISSIONER CONSTANTINE: I'm saying if you apply your own logic to your reasoning, we've got an even more binding argument for 1995. You might want to do research on that. COMMISSIONER MAC'KIE: Let's go there. COMMISSIONER CONSTANTINE: Madam Chairman -- COMMISSIONER CARTER: If you have a copy of that -- COMMISSIONER CONSTANTINE: -- can we move on? COMMISSIONER CARTER: -- I'd like to look at it. MR. KORN: Thank you. If there's any further questions? Thank you. CHAIRPERSON BERRY: Mr. Weigel, do you have anything that you want to offer as well? MR. WEIGEL: Well, I'll just raise one thing, and that is in regards to Robert's Rules of Order talking about the ability of the Chair to rule something out of order and not go forward, I think consistent with my prior discussion of where there is expressed language in the ordinances, that they clearly prevail and that there are exceptions or exclusion of the application of Robert's Rules of Order. I think we need to take into account that the ordinances are drafted for the application and use of the commission as the board as a whole. And in regard to ruling something out of order, I clearly note that the Chairman can rule speakers out of order, decorum on the floor generally. But quite frankly, in the discussion we had in private chambers about motive for motions being made, or rulings being made from the dais, I find that a motion is made as specifically referenced in sub-paragraph G-i, page CD 2.8 of our code, which is the administration part of meetings, that when a motion is presented and seconded, it is under consideration. And so therefore, I don't see the ability for the Chair individually, regardless of motive or intent, to be able to state that something is out of order because he or she or whoever the Chair may be at that time deigns that it should not go forward. So we haven't iterated that before. I thought maybe this is an opportunity to make it on the record right now. My opinion. The board never has to follow my opinion. I'm pleased that they ask for it, and I'm happy to give it. CHAIRPERSON BERRY: Thank you. We don't have any speakers on this item? MR. FERNANDEZ: None. CHAIRPERSON BERRY: Okay. Do I have a motion? COHMISSIONER HAC'KIE: I made a motion. CHAIRPERSON BERRY: You made a motion? Anybody have a second -- COHMISSIONER CONSTANTINE: Yes. CHAIRPERSON BERRY: -- to reconsider this item? All in favor? COMMISSIONER MAC'KIE: Aye. COMMISSIONER CONSTANTINE: Aye. COMMISSIONER CARTER: Aye. CHAIRPERSON BERRY: Opposed? COMMISSIONER NORRIS: Aye. CHAIRPERSON BERRY: Aye. Motion carries three-two. COMMISSIONER CONSTANTINE: Thank you, and I apologize, I have to leave. CHAIRPERSON BERRY: That's okay. How's our court reporter doing? THE COURT REPORTER: I'm fine, thank you. CHAIRPERSON BERRY: You're fine? Good. We'll keep right on going. (Commissioner Constantine exits boardroom.) Item #8A3 DISCUSSION OF ORDINANCE NO. 96-78, THE COLLIER COUNTY CODE ENFORCEMENT BOARD ORDINANCE, TO CONSIDER THE SUNSETTING OF A CODE ENFORCEMENT BOARD - OPTION 1 APPROVED Item 8(A)(3), the ordinance 96-78, Collier County Code Enforcement Board. This is the sunsetting of a code enforcement board. MS. ARNOLD: Good morning. For the record, Hichelle Arnold, your code enforcement department director. This item was requested by the board to come back at this meeting for consideration of whether or not we wanted to retain a second code enforcement board. On December 3rd of '96, the Board of County Commissioners approved the Code Enforcement Board ordinance 92-80, establishing a second code enforcement board to help alleviate some of the backlog that we've had in -- we have in cases that -- COMMISSIONER HAC'KIE: Ironically, because of the Lely guardhouse. MS. ARNOLD: Yes, that was one of those high profile cases that kind of pushed all our other cases back. COMMISSIONER NORRIS: Ms. Arnold, would you mind if I interrupted you here for a moment '- MS. ARNOLD: No, I wouldn't. COMMISSIONER NORRIS: -- and make a motion to approve staff recommendation? MS. ARNOLD: Okay, sure. COMMISSIONER HAC'KIE: I'd agree with that. The only -- did you ask for direction, Ms. Arnold, about whether or not to dissolve one board, or did you have a recommendation? COMMISSIONER NORRIS: Yeah, the south -- MS. ARNOLD: Yeah, there -- CHAIRPERSON BERRY: South board. MS. ARNOLD: -- are two options provided in the executive summary. We're offering option number one as a -- COHMISSIONER HAC'KIE: Second. CHAIRPERSON BERRY: Okay, we have a motion and a second, which will equate out to elimination -- or dissolution of the Code Enforcement Board South. COHMISSIONER NORRIS: Right. CHAIRPERSON BERRY: And I guess that's all. Okay. MS. ARNOLD: I just wanted to mention -- CHAIRPERSON BERRY: Sure. MS. ARNOLD: -- for the board's information that the legal counsel that we've retained for the north board has offered to step down for this, so Jean Rawson, who's acting as counsel for our south board, would be -- that contract would remain. COHMISSIONER HAC'KIE: Good. CHAIRPERSON BERRY: Okay. So she's going to remain and the other one is not. MS. ARNOLD: Right. CHAIRPERSON BERRY: Okay. Ms. Filson? MS. FILSON: In the executive summary, it indicates there's a vacancy on the north board, and I have not received the paperwork for that person's lack of attendance at the meeting. So after I receive that, would -- is it your wish that I do an advertisement for a new member, or consider the members that are currently on the south board? COHMISSIONER HAC'KIE: I'd do it straight. Just advertise for a hew o~e. CHAIRPERSON BERRY: I would probably advertise for a new one. COMMISSIONER NORRIS: Those people on the south board that are interested can certainly just -- CHAIRPERSON BERRY: If they would like to -- COMMISSIONER NORRIS: -- we have their application on file. CHAIRPERSON BERRY: -- apply, sure. COMMISSIONER NORRIS: If they're interested, let you know. CHAIRPERSON BERRY: Yes. MS. ARNOLD: Okay. Thank you. CHAIRPERSON BERRY: I think in -- well, I was going to say, in the advertisement, if there was some way to notify people on the south, so there's no misunderstanding, so they know that they could apply, I think that's important that they know that. MS. ARNOLD: I can supply that information to the south board members as well. CHAIRPERSON BERRY: Okay. COMMISSIONER NORRIS: Great. CHAIRPERSON BERRY: Great. Thank you. We have a motion and a second. All in favor? Opposed? (No response.) CHAIRPERSON BERRY: Motion carries four-zero. Item #SB1 REPORT ON THE USE OF FUND 195 AS A SOURCE OF LOCAL HATCHING FUNDS FOR THE LAKE TRAFFORD RESTORATION PROJECT - REPORT ACCEPTED The next item is item 8(B)(1), the use of fund 195 as a source of local matching funds for the Lake Trafford restoration project. COHMISSIONER NORRIS: Aren't we going to hear this next week? CHAIRPERSON BERRY: No. What we're hearing next week is the change in the ordinance, I believe, or two weeks, it's going to be the change in the ordinance; is that correct? MR. FERNANDEZ: Yes, this is funding availability question today. COHMISSIONER NORRIS: Okay. CHAIRPERSON BERRY: Okay. COHMISSIONER HAC'KIE: And this is mostly just information. It was great news to find out that there is the money available. That's the bottom line. CHAIRPERSON BERRY: Right. We said we kind of wanted to know before the ordinance -- we changed the ordinance. So that's why this is coming through, to basically tell you that yes, there's money there. And then we go ahead and change the ordinance, and then the funding would be forthcoming. COHMISSIONER HAC'KIE: And my question, without having to hear the whole report -- CHAIRPERSON BERRY: Okay. COHMISSIONER HAC'KIE: -- is just is there -- we have found two million dollars without any harm to the beaches, Mr. Fernandez; is that correct? MR. FERNANDEZ: That's essentially it. We found that there's sufficient fund balance, given the project list and the program that we anticipate. Mr. Huber can give us the details, but essentially the capacity to carve out two million dollars for this project exists. CHAIRPERSON BERRY: Mr. Huber, is there anything significantly different than what Mr. Fernandez has said? MR. HUBER: Well, the only thing is, I included in the executive summary the recommendation from the beach renourishment committee -- CHAIRPERSON BERRY: And that's important. MR. HUBER: -- and certainly I think you should take that in consideration in making your determination. COHMISSIONER HAC'KIE: Reserves for contingency is the question. MR. HUBER: Well, my recommendation in the executive summary was to, you know, if you determine that the reserves that are shown here are adequate, that then the two million dollars would be available, but also to consider the -- along with that, the recommendations from the beach committee where they had stated that they -- they would like to see that the current 60/40 split remain unchanged and not touch those funds for any other projects that currently aren't eligible -- COHMISSIONER HAC'KIE: So you'll be sure that's included on our workshop agenda. CHAIRPERSON BERRY: Right. And then they're also asking that we continue the third penny -- COHMISSIONER HAC'KIE: Right. CHAIRPERSON BERRY: -- after the sunset time. COHMISSIONER NORRIS: I don't know about that. Mr. Huber, you want to tell -- COHMISSIONER HAC'KIE: That's what they're saying. COHMISSIONER NORRIS: -- this lady who you are? MR. HUBER: Oh, I'm sorry. Harry Huber, with the public works engineering department. COHMISSIONER HAC'KIE: I'm sorry, Harry, I interrupted you. So we just accept the report and -- COMMISSIONER CARTER: Well, what Iwm understanding is -- the two assumptions are, itws a 60/40 split, and we maintain the third penny. Then we have the reserve to go forward. If we change any of that formulation, if we change or eliminate the third penny, that would endanger then the existing projects? MR. HUBER: No. COMMISSIONER MACIKIE: Mr. Fernandez? MR. HUBER: The spread sheet that was included with the executive summary -- and, in fact, Iive got a much larger one for you, if you would like. Itls easier to read. COMMISSIONER MACIKIE: Easy to read. MR. HUBER: But -- CHAIRPERSON BERRY: Sure. MR. HUBER: -- excuse me. COMMISSIONER CARTER: Thank you. COMMISSIONER MACIKIE: Because as I understand it, Mr. Carter, what happens is that it leaves the reserves for contingencies at a level that makes our beach committee uncomfortable, but just not -- even without the third penny, itls all -- even without keeping the third penny, we can still do everything. COMMISSIONER CARTER: We can still do it, even if we donlt have that -- CHAIRPERSON BERRY: Yes, but the beach committee is just recommending -- MR. HUBER: Let me -- CHAIRPERSON BERRY: -- that we continue a 60/40 split, and that we also continue the -- COMMISSIONER MACIKIE: The penny. CHAIRPERSON BERRY: -- penny after the sunsetting time. COMMISSIONER CARTER: And this does not endanger any existing projects? MR. HUBER: No. And let me clarify the third penny. Currently the third penny, which is due to sunset at the end of 1999, the third -- the entire third cent is dedicated to beach renourishment management. And what the beach committee is saying, if you continue it beyond the sunset date -- theylre recommending continuing it for three more years -- that there be a certain split, and they would be willing to negotiate what that split is, whether it be 80/20, 60/40, whatever. And that the one end of that split would be dedicated to special projects such as Lake Trafford, environmental projects, ecotourism, what have you, and then that the remainder of that money be dedicated to beach management. CHAIRPERSON BERRY: Okay. COMMISSIONER CARTER: All right. Thank you. COMMISSIONER MACIKIE: And that would be a part of our workshop and a part of our ordinance amendment that weill hear in a couple of weeks. CHAIRPERSON BERRY: Uh-huh. Okay. MR. HUBER: And also, I have already included the two million dollars in this spreadsheet in fiscal year 1999, so -- COMMISSIONER MACIKIE: And it works. MR. HUBER: Itls already been accounted for. COMMISSIONER CARTER: Iim okay. CHAIRPERSON BERRY: Okay? We have a motion -- oh, Iim sorry, public speakers? MR. FERNANDEZ: Yes, Madam Chairman, you have a couple. Fred N. Thomas, Jr. CHAIRPERSON BERRY: Fred, you want to talk us out of this? MR. FERNANDEZ: And Ann Olesky. MR. THOMAS: I just want to say thank you. CHAIRPERSON BERRY: You come to the podium and say thank you, Fred Thomas. MR. THOMAS: Fred Thomas, from the community of Immokalee. I want to thank you all very much for your support, and hopefully we'll get everything put in place quickly so that we can lock in the federal dollars. Thank you all very much. CHAIRPERSON BERRY: Fred, they know their money's coming. Tell them to ante up, it's time. COMHISSIONER MAC'KIE: Yeah. MR. FERNANDEZ: Anne Olesky and then Clarence Tears. CHAIRPERSON BERRY: Okay. MS. OLESKY: Again, I want to say thank you very much. And I want to thank Harry, too. Because I know that -- we don't want to hurt beach renourishment, we want to help Collier County. Thanks again. We'll see you December 1st. CHAIRPERSON BERRY: I do want to mention that they had one heck of a fundraiser over at Pepper's Preserve on Saturday evening on behalf of Lake Trafford. It was absolutely wonderful. I ate until I thought I couldn't stand it anymore. MS. OLESKY: We think we should do it again sometime. CHAIRPERSON BERRY: I think you ought to do it again when we get MR. TEARS: Actually -- CHAIRPERSON BERRY: -- end of the season. MR. TEARS: Clyde said he would do it next year. We actually made $6,500 on it. CHAIRPERSON BERRY: Is that right? COMHISSIONER CARTER: Congratulations. MS. OLESKY: It wau've got to have a blueprint in terms of where you want to go, what you think your needs are in that assessment, and I think that's been done. Skip, I think you've done -- you and whoever else was involved, I think you all did a fine job in te. MS. OLESKY: I really don't think we'll have to put the strong arm on them, because everybody's been talking how wonderful it was, and by golly, it was good food. CHAIRPERSON BERRY: Mr. Tears? MR. TEARS: Good morning. Clarence Tears, director of Big Cypress Basin and South Florida Water Management District, and also the chairman of the Lake Trafford task force. I just want to let this -- the commission know that with the direction you're currently taking, I will go to the basin board, and we will be the lead sponsor for this project, and I will request the Big Cypress Basin Board to take that role. I've been requested by DEP and Fish and Game to take that role, and with the direction hopefully you'll take on December 1st -- December 3rd, I will request the basin board to do that. And again, I want to thank you for looking at the future of Collier County and looking at the resources that we have. And as we grow, these gems today will be the diamonds of tomorrow. I just want to thank you. CHAIRPERSON BERRY: Thank you. Okay, if there's no further speakers, Mr. Fernandez, I'll call the question. All -- COHMISSIONER HAC'KIE: We're just accepting the report. COHMISSIONER NORRIS: Just accepting. CHAIRPERSON BERRY: It's just the acceptance of the report? COHMISSIONER NORRIS: Yeah. COHMISSIONER HAC'KIE: I mean, I'd love to vote in favor of it right now. CHAIRPERSON BERRY: Okay, I think we all -- consensus we do accept the report, so let the record reflect that there is a consensus for acceptance. Item #882 - Continued to December 1, 1998 Item #SD1 MASTER SPACE PLAN FOR THE MAIN GOVERNMENT COMPLEX - APPROVED Okay, we'll move on then to item 8(D), master space plan for the main government complex. How's our court reporter doing? THE COURT REPORTER: I'm doing, great, thank you. CHAIRPERSON BERRY: Okay. Thank you for all coming over this morning. COMMISSIONER MAC'KIE: See you on the 1st. COMMISSIONER NORRIS: Mr. Camp, if we accept this consultant's plan today, does that bind us in any way? MR. CAMP: No, it does not. COMMISSIONER NORRIS: This is just accepting the plan? MR. CAMP: That's right. And giving staff direction to look at options for funding. That's all it does. COMMISSIONER MAC'KIE: But that -- you know, that's important. Because one thing that I've sort of seen, you know, these things take a life of their own. And there's some pieces of it that -- certainly the first phase I don't have a problems with, but the future phases, when we're talking about the Taj Mahal for county commission and all that, I'm not too hot on that phase. MR. CAMP: And it would be just funding for the first phase that you'd be looking at today. COMMISSIONER NORRIS: Okay. Well, then I move staff's recommendation on it then, to accept the report. COMMISSIONER CARTER: Second. COMMISSIONER MAC'KIE: Do we want to -- oh, well, I guess we have to hear it. Do you want any advice or leadership on the future? I don't know. I mean, if it's just -- you gave us a report, and here it s. Then I don't see why it's even on the agenda, frankly. MR. FERNANDEZ: Madam Chair? CHAIRPERSON BERRY: Mr. Fernandez? MR. FERNANDEZ: There's some good reasons why I think it's mmportant that the board formally embrace and approve this document. This gives us a plan to work from as we consider the needs of various county agencies as they come up. We have to have a master plan to base that on. It allows us to have some direction to the space needs as they come up. So I think it's important to have the board establish that. It's going to be a dynamic document. The outer phases I'm sure are going to be revised as we approach them. We need the board to act on this so that we then have direction to bring you a plan for the financing of that initial phase. So I would say that board action is appropriate. CHAIRPERSON BERRY: I reviewed this plan, and also got a presentation on the plan itself. I definitely agree, you've got to have a blueprint in terms of where you want to go, what you think your needs are in that assessment, and I think that's been done. Skip, I think you've done -- you and whoever else was involved, I think you all did a fine job in terms of assessing those needs. As to eventually what it all looks like and how pretty it is and all those kinds of things, that will be determined as we go down the road. But I think what you've identified here is the need, the things that we need here in the government complex. And there's obviously some of the older buildings that -- I know the building right across the way here and the other little single-story building, these are buildings that unless you're going to do some major renovation, which is tremendously costly to get into renovation, are probably going to have to be torn down and there will have to be some reconstruction or whatever, however the plan plays out. But I think you've identified the needs here, which that's what I'm interested in looking at at this point in time. Now you all go to work and figure out the next step from here. But -- COMMISSIONER NORRIS: And leave us -- CHAIRPERSON BERRY: -- it's a plan. COMMISSIONER NORRIS: Leave us your credit card. MR. CAMP: For the record, Skip Camp, your facilities management director. Just one item I would like to get on the record and that is in the interim, we will need to continue to lease some space. We're going to be coming to you very shortly with the housing department. So I just want to let you know that that's just an interim deal. But we will be recommending from time to time that you do lease space. CHAIRPERSON BERRY: Okay, Commissioner Carter, do you have a question, maybe? COMMISSIONER CARTER: Not a question, but a comment. It is an impressive study, and I'm an advocate of long-range planning, as you well know. As I look through this, and as you brief me, as in five-year increments, the big key is how do we finance it, and that is a capital expenditure. And I know you're going to bring this to us so we can examine that process. As I looked at this, just a couple of questions. You were pretty -- I think pretty clear that we're not to confuse designated space, utilized space, worthless building space in all of this process, and I do see that we have, probably over the first five years, is there's probably about 25 percent of unutilized space that can't be used. And I hope that we're looking at the most efficient ways in design, the hope that we could reduce some of that so we're better. Other concerns that I do have with this, are we looking at alternative work methods that many of our staffs might use, which would negate the use of a lot of space? Otherwise, we do telemarketing. People are not here, so we don't need space. I hope this is all in the process. MR. CAMP: Absolutely. There's two things that come to mind very quickly. One is within the DRI process, we'll be looking at schedules and those kinds of things to impact the main government complex the least amount. And also, as it relates to technology and the judicial system for first appearance and those kinds of things, video communications. COHMISSIONER CARTER: Okay. Thank you very much. And I also understand this does not include facilities for the sheriff. I mean, administrative facilities, but we're not talking about a jail space or we're not talking about any of that. MR. CAMP: That's correct. There are two separate reports. That was reported in the V Group's report, and the report today is for administrative space. COHMISSIONER CARTER: Okay, thank you. COHMISSIONER HAC'KIE: Just one tiny footnote but really important to me is, and the work release center is in which of the two? MR. CAMP: That's in the correctional space, and it's also incorporated in any figures that we've given you to date. It's actually a dormitory within, I believe, two or three other dormitories, and it's listed as the new Naples jail. COHMISSIONER HAC'KIE: I just don't want to lose that work release center focus. CHAIRPERSON BERRY: Okay, any other questions? Then I believe this, too, is an acceptance of the report? COHMISSIONER NORRIS: Actually -- MR. FERNANDEZ: Madam Chair? COHMISSIONER NORRIS: -- we have a motion and a second on this One. COMHISSIONER MAC'KIE: To do what? COMHISSIONER NORRIS: To do staff's recommendation. To accept the plan, formally accept the plan. CHAIRPERSON BERRY: Okay. All right. Do I have a motion? COMHISSIONER NORRIS: Yes. CHAIRPERSON BERRY: And a second? COMHISSIONER NORRIS: And a second. CHAIRPERSON BERRY: Okay, I'll call the question. All in favor? Opposed? (No response.) CHAIRPERSON BERRY: Motion carries four-zero. Thank you. Item #11B1 PUBLIC COMMENT ON GENERAL TOPICS - DAVID SHEALY REGARDING SKUNK APE AND THE EVERGLADES And the last item on the agenda. Folks, we're down there. Public comment. Do I have any registered speakers? MR. FERNANDEZ: First speaker is David Shealy, and then Mr. Ty Agoston. CHAIRPERSON BERRY: Okay. Mr. Shealy. You can use this microphone over here. MR. SHEALY: Well, I've only got five minutes, so I'm going to get my stuff over there, and that will save me a few seconds. CHAIRPERSON BERRY: Well, you're wasting your time. MR. SHEALY: I'm wasting my time? CHAIRPERSON BERRY: Yeah. I mean, wasting your time time. MR. SHEALY: Yeah, well, if you want to cut me off, you feel free to -- CHAIRPERSON BERRY: I'm not going to cut you off, David. MR. SHEALY: My name is David Shealy, and I believe we've met before. It's really a shame that Mr. Constantine had to leave. I wanted to thank him for being supportive of my business out in the Everglades. What I brought before you today is what we've been hearing about, what I've been talking about, and I just wanted to bring the facts and let you see the facts. Would it bother anybody if I stuck my hat on, or should I just put it down? CHAIRPERSON BERRY: You can leave your hat on. Put your hat on, David. MR. SHEALY: Okay, thank you. This is probably going to take about seven minutes total. This is a picture of me and Wayne Huezinga (phonetic). I've been working with Wayne Huezinga now for about five years, attending events, promoting the Everglades at no charge. Most recently he started getting me a room and feeding me. He's a very nice man. In a crowd of 10,000 people, he can see me. I'm recognizable, he's recognizable, we're friends. This -- everybody knows who this is. This is Jesus. But the paper is the Weekly World News. It goes out to 13 million people. I didn't make the cover, but I'll take a backseat to Jesus any day. COHMISSIONER HAC'KIE: Glad to hear it. MR. SHEALY: But I got a thing -- I got a big thing -- here it is two pages. That's a lot of money if you bought the pages. And there's nothing in here where I'm selling anything. This is the Hooter's trophy. This is first place, Fort Myers Beach. I do the Edison Parade. I've got -- I've done good. I've talked to millions before the skunk ape ever showed his stinking face. Maybe you all have seen this? Can I stick it on the screen real quick? COHMISSIONER HAC'KIE: They've got you, actually. COHMISSIONER NORRIS: They've got you. MR. SHEALY: This is a tool. COMMISSIONER MAC'KIE: That's okay. COMMISSIONER NORRIS: Stay right there. CHAIRPERSON BERRY: Stay there. COMMISSIONER NORRIS: See, there's a camera right there. CHAIRPERSON BERRY: It's picking it up, David. MR. SHEALY: This is a tool, this huge panther I had built that I use to promote the Everglades and Collier County. I have never accepted a penny for the use of this. I got myself out of my financial problems at my campground. I don't need a business plan or anything. I'm a good businessman. It looks like I'm going to hang in for a couple more months, but I'm going to have to change the way I've been doing business. It's difficult to sell what they're giving away across the street. I'm willing to accept change. I'm not happy with it, but I'm willing to accept it. I'm not hard-headed. Contempt prior to investigation, that's what hard-headedness is. These are the guiding principles for the Tamiami Trail Scenic Highway. I wrote it. I wrote it. I attended the meetings, I brought Indians. This is a good plan. The highway's going to do good. In all of the talk -- I want to show you some better stuff. Kids, kids love Big Foot, Weekly Reader, React. I've got tons of stuff. But in this chart here that you all have that shows some money being spent on the county, I would say that this advertising promotion goes -- is split and part of it goes to Marco, and then it's split again and part of it goes to Everglades. I didn't hear the Everglades mentioned one time. People come to South Florida and Collier County because of the Everglades, too. I don't see it represented here. But the beach sure is. And that's because that's where the money is. I understand that. Sometimes it bothers me. And I want to make it clear, I pay the tourist tax. I have a campground. I'm going to get no representation for my campground business out of any of this money. I'm insulted all the time by people that should be working for me, and I'm working for them. It's humiliating. This is only a sample of tapes where I've been on TV, I've done movies in Europe. I have friends that own hundreds of radio stations. They love me. People, they call me weekly. I give them Everglades updates. They don't want to know about Big Foot, they want to know what's going on in the Glades. "Dave, what's the weather like?" And these are radio stations all over the country. I've got friends that can't get ahold of me now that can talk to millions and millions of people, because I can't pay a $300 phone bill. That's my fault. It's nobody's fault by my own. I'll pay my bill. But it's just a shame we got all this down time. Okay, the next -- real fast. With your permission, I'd like to show you two more items in my bag, and then I'll zip it up. CHAIRPERSON BERRY: Quickly. MR. SHEALY: I've also attracted major fashion designers to the Everglades. This is -- it's called Miami Modeling, but it's international. And can you see in it, I did a big layout here in the Everglades. Here I am, I'm a model now. That's my first 300 bucks I made. But it's big news. Fashion here in Naples needs a little work. And these -- this is a -- it would take a pickup truck to bring the newspaper articles that I've appeared in before you. This is just stuff I scraped up this morning to put together. But all of this is in reference to Florida, the Everglades, and it all happened because of the skunk ape. And we need to talk about this somewhere else, sometime else, because I think it's something worth talking about. Please. CHAIRPERSON BERRY: What are you looking for? MR. SHEALY: I come to you all for guidance. Tell me what I want to find. CHAIRPERSON BERRY: Well, David, I need to know what you're looking for. I need to know what you're looking for. MR. SHEALY: I understand what you're asking me. I'm not prepared to answer that question at this time. CHAIRPERSON BERRY: Well, David, if you can't tell us what you need and what you want, I can't read your mind and find out what it is you're looking for. MR. SHEALY: I would like for the Board of County Commissioners to consider the possibility of either hiring me on as a worker to promote the Everglades, at a small fee. If you can't do that, knight me on the head with a sword, do something. COMMISSIONER MAC'KIE: Dave, I have a suggestion -- COMMISSIONER NORRIS: Well, I think one thing that Mr. Shealy needs to understand is the Board of Commissioners doesn't hire anyone, except those two gentlemen sitting right there. So, you know, you need to go to the employment office. We can't -- COHMISSIONER HAC'KIE: And you might -- COHMISSIONER NORRIS: -- hire you for anything. COHMISSIONER HAC'KIE: -- want to work with -- you might want to work with the Visitors Bureau in some of the stuff that's coming up to see if -- MR. SHEALY: So the Board of County Commissioners is giving me a big zero? COHMISSIONER NORRIS: Well, we don't -- we can't hire you. We're not allowed to. CHAIRPERSON BERRY: We hire three people, David. We hire the county administrator, we hire the county attorney and we hire the airport authority director. COHMISSIONER NORRIS: And don't forget Ms. Filson and our office staff. CHAIRPERSON BERRY: Well, and our office. COHMISSIONER HAC'KIE: Can I point out, too, that we are trying to give you some direction, and that is to please talk to the county administrator about whether or not there is some role that could be played. That was Mr. Norris' advice. My advice was to talk to the new Convention and Visitors Bureau, if that's what we establish, with the Tourism Alliance to see -- MR. SHEALY: I've done all of that. I did my homework. I didn't come here like to be an idiot. CHAIRPERSON BERRY: Commissioner Hac'Kie, I -- MR. SHEALY: I didn't come here for people to be -- CHAIRPERSON BERRY: -- spoke to Mr. Shealy last Friday -- COMMISSIONER MAC'KIE: I see. CHAIRPERSON BERRY: -- trying to work out something in terms of his business, because I understood and was concerned about his well-being -- COMMISSIONER MAC'KIE: As we all are. CHAIRPERSON BERRY: -- and tried to work with EDC and tried to work -- we did talk, David and I spoke about the business plan to make sure that his business got back on track and to try and work with them, them to give him direction and some help. I think from what I have gathered and from what he has said today, his main interest is having the county hire him in a position of representing the Everglades. And as far as I know, all due respect to our administrator and attorney, and even our public -- our human resource people, we don't have positions such as that. COMMISSIONER MAC'KIE: But maybe -- CHAIRPERSON BERRY: You know, and trying to be honest. I don't like to lead people down the merry path and say you -- MR. SHEALY: There is no merry path -- CHAIRPERSON BERRY: -- need to go here, you need to go there. MR. SHEALY: -- I'm aware of that. And I'm -- I'll go either way. This is the merry path. CHAIRPERSON BERRY: And David, that's what I'm trying to tell you, that the whole thing is, if -- our concern here is for your well-being. Your well-being is for your business, which you have. MR. SHEALY: Which nobody's done anything to support. All I do is pay taxes and look at your warrant officer once a month when I can't pay them. CHAIRPERSON BERRY: Well, I understand. And David, I take tried to work with you last Friday, and -- MR. SHEALY: You didn't try to work with me, Barbara. What you tried was humiliating, embarrassing. And as a matter of fact, Barbara, in my opinion, I really didn't like what you had to say to me, and I didn't like being searched when I came into your chambers this morning while everybody else walked around with bags. And there's a lot of things I don't like about what's going on here. So if you don't want me to say anything else, then I guess I'll have to get on the formal agenda, and I'm going to have to come back here. And I don't mess around. Let's do something. Let's work together. Why are you all so refusing to work with me? CHAIRPERSON BERRY: Well, what is it you want us to do, David? MR. SHEALY: There's going to be a book coming out tomorrow by one of the most noted authors in Florida on the skunk ape. It's going to be authenticized. I've had Unsolved Mysteries, I've had detectives, the EDC searched my house. I was approached by a homosexual offering me money, that lives in Naples, to pay my bills. I mean, this is sick. I just -- I'm a good person. Why do you all just sit there -- CHAIRPERSON BERRY: We're not questioning -- MR. SHEALY: -- and look at me with a blank look on your face? CHAIRPERSON BERRY: David, we're not questioning your goodness. That's not what we're up here to do. We're trying -- you know, from my point of view, I'm trying to tell you what the limitations are of the Board of County Commissioners. MR. SHEALY: Yes, ma'am. CHAIRPERSON BERRY: Okay? As far as hiring you, per se, as an employee of Collier County, I don't have that authority to do that. MR. SHEALY: Yes, ma'am. CHAIRPERSON BERRY: We don't do that. MR. SHEALY: You don't have to tell me again, I -- CHAIRPERSON BERRY: Okay? MR. SHEALY: -- understand what you're saying. CHAIRPERSON BERRY: We don't do that. So where do you want to go from there? Having said that, where do you want to go from there? MR. SHEALY: I would like to speak in private with Barbara, my representative of the -- Collier County for more than five minutes in private on another occasion. CHAIRPERSON BERRY: David, you've had opportunities. You have been into my office. You know what you have to do. All you do is make an appointment. COMMISSIONER MAC'KIE: Could I '- CHAIRPERSON BERRY: Is that not correct? MR. SHEALY: That was on a friendship level. This is I'm trying to get out of the runaround. I don't want to get involved in a runaround. COMMISSIONER MAC'KIE: Maybe we ought to -- COMMISSIONER NORRIS: Well, Mr. Shealy, you know, you call it a runaround, but we're trying to explain to you that we don't have a mechanism for the taxpayers to support you, frankly. MR. SHEALY: Okay. I call phone numbers all the time, people representing Collier County tourism. They're making paychecks, they've got wife and kids at home. They're making big money. And here I'm sitting out there doing all the advertising, all they're doing is riding around in their car wasting taxpayers' money. COMMISSIONER MAC'KIE: But they're doing that through the Tourism Alliance, through the Visitors Bureau, through those organizations. MR. SHEALY: Well, can you put in a good word for me, Pam? COMMISSIONER MAC'KIE: Sure. MR. SHEALY: That's all I'm asking. How about a good word, and let's just drop it. Let me carry on and move out of you all's room and stop taking your time. If you could help me put in a good word, that would be great. That's all I'm asking. COHMISSIONER HAC'KIE: I'd be willing to say right now I think you've done a whole lot to get the issue of Everglades -- an excitement about Everglades. A lot of attention to the Everglades. Nobody can deny that. I mean, I think it's one of the best PR -- I almost want to say stunts. But you're telling me it's going to be authenticized, and if it is, then so be it. MR. SHEALY: It will be in the morning. COHMISSIONER HAC'KIE: But I think it's been great PR. I think it's been very thorough market saturation, and you have done a great service in that regard. MR. SHEALY: Okay. There is a disaster relief fund on the chart, I noticed. My phone being down right now is virtually a disaster because -- COHMISSIONER HAC'KIE: That's a hurricane. MR. SHEALY: -- I'm missing millions of people. COHMISSIONER HAC'KIE: It should be called hurricane relief fund. MR. SHEALY: Well, it says disaster. CHAIRPERSON BERRY: Well, or major -- major storm. It -- MR. SHEALY: Well, does it say that? CHAIRPERSON BERRY: -- that's what it's talking about. MR. SHEALY: That's what I want to know. CHAIRPERSON BERRY: No. MR. SHEALY: A disaster. This is a disaster that I have millions of people wanting information and I can't give it to them. You know, could you all look into that or something? I'd like to get my phone on, because there's millions and millions of people that want to know what's going on in Collier County. Millions. I probably missed a couple television shows. Hey, maybe you all could hire me an agent and the agent can work for you all and then I'll work for the agent. CHAIRPERSON BERRY: David, we go back again, we don't have that mechanism in -- MR. SHEALY: Okay. CHAIRPERSON BERRY: -- this government. MR. SHEALY: All right. CHAIRPERSON BERRY: Okay? MR. SHEALY: Thanks for the good word. And thanks for the extra time. I really appreciate it. COMMISSIONER MAC'KIE: Good luck. MR. SHEALY: God bless you. CHAIRPERSON BERRY: Thank you. COMMISSIONER MAC'KIE: You, too. Item #11B2 PUBLIC COMMENT - TY AGOSTON RE TAX PAYERS PARTICIPATION IN BOARD MEETINGS HR. FERNANDEZ: Next speaker is Hr. Ty Agoston. CHAIRPERSON BERRY: Okay. MR. AGOSTON: Good morning, ladies and gentlemen. Welcome, Mr. Carter. The best of luck on the board. My name is Ty Agoston, and I'm a president of the Taxpayers Action Group, and I'm speaking for them. We find a systematic closure to the access of this board, and we want to object to it. When I started coming here, there were many members of TAG who attended the meeting. As the years went by, they were either -- when they made a presentation, they were interrupted, so they could not find the train of thought, or in some way or the other diminished so they no longer want to come. There were a number of rules that were instituted here as well that actually discourages taxpayer participation; one of which the limitation of the number of people who could comment on a given item. Another one that I particularly find objectionable is that you cannot make a comment on an item that has been opened. You bring up a lot of items on your agenda that I have an executive summary and I don't know what is it about. So for you to say that once the staff makes a presentation nobody can comment on it is a strict limitation of access. That's my opinion. Additionally, for you to go now to once every other week meeting is essentially half the access. And while I -- it's a rare thing that I agree with a newspaper editorial, the Golden Gate Gazette did bring the issue to the forefront saying that this is the wrong direction, here is a county that is growing, and you are actually restricting access. Fort Myers Mayor Bruce Grady is going exactly opposite way and makes their meetings available in the evening so working people who, unlike me, don't have the time to sit around and wait for a given issue can show up after work and be able to address their elected officials on issues that concerns them. One of the fact, I was told last week that some people find this meeting entertaining and use it as an entertainment. The only people I could really think of who might find that was the news reporters, because when they disagree with what you've come up with as a decision, they make a lot of fun out of it, so I would assume they find it as an entertainment. I don't. But I find occasionally when I say something, I get interrupted, and I find people with half my age, half my experience and half my education telling me about the facts of life. Thanks very much. MR. FERNANDEZ: No other speakers, Madam Chairman. CHAIRPERSON BERRY: Ty, I think the only thing I'd like to comment on is sometimes we get criticized because government is very rigid and they never want to try anything new. And when Mr. Fernandez and I had this discussion about going to two meetings a week -- or a month, it was decided that that was an opportunity -- it was something to try. He had some experience with this, and he asked if we would be willing to try it. I think that it behooves us to try something a little bit different. Yes, it's different. Does it cut down on access of the public to public officials? The answer is no. Because, I mean, anyone other than -- I can tell you that trying to accommodate the requests that are made of my time and to be here in the office to meet with people and to be out at the request of individuals and groups and so forth or things that are going on in the county, it's a very difficult balance to do it all. And I look at this time also in terms of staff being able to get the information back to us, and at the same time, when you get the agenda, when you're going to get the agenda for the upcoming meeting, you're going to have a longer period of time to look at that agenda, or I would hope you would avail yourself to that agenda. If you have questions about an agenda item, you are going to have time to inquire about that item. I know sometimes when you read the item on the agenda and then in reality what it's all about, sometimes there's a difference there, and it doesn't always coincide maybe what you're thinking and what the actual item is. And it's just, I suppose, communication. But I would hope that you would feel free to call and say, you know, do you -- what's the whole issue here? And either myself or any of the rest of the commissioners are available to take your calls. And Ty, you know I return phone calls. I mean, sometimes they're kind of late at night, but I'll get back to you. So I would hope that -- and again, pass this word along on to members of the Taxpayer Action Group. I know that we used to see several of the members. I know some of them aren't members anymore of Taxpayer Action Group. They're welcome to come here and talk to us. And I'm sorry if they feel and if you personally feel like we're cutting you out of the loop here. It's not. We're not trying to do that. But I think we also owe it to the fact that our administrator, in discussion with the Chair -- that's me -- we had this discussion and we said let's try it. If it doesn't work, we can certainly return to the way we did business before, if it's not working. So as I said, sometimes we're accused of, you know, it's -- you know what it is, Ty, it's damned if you do and damned if you don't. So maybe we're in the damned if you do situation right now. And -- but I think we need to be allowed to try it. And if it's -- if it works, fine, if it doesn't, we can always go back and do something else. COHMISSIONER NORRIS: Let me just contrast this with the time I went before the Governor and the Cabinet. There were a number of people on a particular issue. And the Governor said, well, we'll do what we normally do, we'll give 15 minutes to each side. And as you well know, Ty, we sit here for hours on end sometimes on a single item, allowing everybody that wants to speak to speak. So for you to criticize us for not allowing public access, I mean, come on, what are you talking about? And besides, you have to take some of the credit for our policy, personally, our policy of not allowing people to register on an item once the item's been started. Because what we were getting into was a debating society. And if you have something constructive to talk about on an issue, certainly you'll have that before the issue's begun to be discussed. So that's when you need to register for that, not to get up and debate the previous speaker and contrast your thoughts with what the previous speaker had to say. That's not what we're all about up here. CHAIRPERSON BERRY: And I think that did happen at times. And that's the reason we did change, and we asked that when you get the agenda and those of you who attend on a regular basis, you look at the agenda items. If there are things that pertain to something that you're interested in, then we just ask that you register to speak to that item, rather than if one of the individuals here jumps up or wants to say something and you say wait a minute, I disagree with that, now I want to speak to that item. I'm not sure that that's the way we ought to do business. I don't think it's a very efficient way to carry on a meeting. And that gets down to the idea again of what is a county commission all about. COHMISSIONER NORRIS: It's about lunchtime. CHAIRPERSON BERRY: It's about us conducting the business of the county. COMHISSIONER MAC'KIE: And I'm going to just leave with one small comment -- CHAIRPERSON BERRY: Sure. COMHISSIONER MAC'KIE: -- and that is that in the last year -- and I really do want to commend the Chair for this and voice my appreciation -- we have had more legitimate civics debates and discussions on this board on issues than we've had since I've been here before. And when you first imposed the regulation about registration, I was dubious, frankly. But I don't think it's done anything to -- I think we've had real, real debates out here, more than any other time I've ever seen, so I don't think it's interfered. CHAIRPERSON BERRY: It's the only time we have. I mean, this is it, folks. You know, if we don't talk about it out here, it's not going to get talked about. So we can all go with our own personal little thoughts and all those kinds of things, but it's not until we sit out here at this table that we have the opportunity to hash out some of our thoughts. And I think that's just critically important that we do have that opportunity. Item #14 STAFF COMMUNICATIONS - COMMISSIONER BERRY APPOINTED TO THE FACC So anyway, if -- we have one other item, staff communications, moving on to workshop, regarding the public information office master plan. COMMISSIONER NORRIS: No, we did that. We did that. CHAIRPERSON BERRY: What did we do? COMMISSIONER NORRIS: We did it. COMMISSIONER MAC'KIE: No, we didn't. MR. FERNANDEZ: Madam Chairman, the item I wanted to bring up had to do with the Florida Association of Counties, the need for appointment of a replacement for Commissioner Hancock. CHAIRPERSON BERRY: Okay. MR. FERNANDEZ: We submitted a letter from Vivien Zarricky, their executive director, asking that the board take the opportunity to select a replacement for Commissioner Hancock. COMMISSIONER MAC'KIE: Do you have an interest in that, Madam Chair? I mean, having gone to some of those meetings, I -- CHAIRPERSON BERRY: Well, I am. And I'm going today -- I'll leave this afternoon, I'm going up because I -- I just feel Commissioner Hancock used to -- you know, I kind of -- he did that, and so, you know, I frankly felt that we didn't need five people traipsing to do it. But on the other hand, now that I've had a couple of years and kind of understand some of the issues at hand, I wouldn't mind. At least -- I think we need a link to our state organization that when certain issues come down to us, be it faxed in to us or whatever, that we kind of have someone that kind of stays on top of what the items are, and also keeps that contact around the state to kind of know what's going on, so -- COMMISSIONER MAC'KIE: I'd like to ask you to do it. CHAIRPERSON BERRY: -- I would do that, if that's what you all desire for me to do. I'm not -- COMMISSIONER CARTER: I think it would be a great idea. CHAIRPERSON BERRY: -- out seeking it, don't misunderstand, but at this point in time, I'll do it if you need. COMMISSIONER MAC'KIE: Do you need a motion for that? COMMISSIONER NORRIS: Power hungry. CHAIRPERSON BERRY: Yeah, I'm not power hungry. COMMISSIONER MAC'KIE: Then I'd like to move that we appoint Commissioner Berry to replace -- COMMISSIONER NORRIS: Second. COMMISSIONER MAC'KIE: -- Commissioner Hancock. COMMISSIONER CARTER: I second. CHAIRPERSON BERRY: Okay. We have a motion and a second. All in favor? Opposed? (No response.) CHAIRPERSON BERRY: My husband. COMMISSIONER MAC'KIE: Yeah, I know. Sorry, Don. COMMISSIONER CARTER: I think it's a great organization, and I plan to participate in that process, and I agree, we need that linkage. We're too big of a county and have got too much going on not to be involved. COMMISSIONER NORRIS: Speaking of the Florida Association of Counties, they were very instrumental in some of those amendments to the constitution. MR. FERNANDEZ: Yes, they were. COMMISSIONER NORRIS: Number seven, which deals with court funding, we will see the effect of that in the double aught budget. MR. FERNANDEZ: I believe so. COMMISSIONER NORRIS: Good. CHAIRPERSON BERRY: Some effect. MR. FERNANDEZ: Some effect. COMMISSIONER NORRIS: Some effect. CHAIRPERSON BERRY: Okay, Commissioner Mac'Kie? Item #15 BOARD OF COUNTY COMMISSIONRES' COMMUNICATIONS - COMMISSIONER MAC'KIE REGARDING A HEARING BEFORE THE ETHICS COMMISSION COMMISSIONER MAC'KIE: I had one communication item today, and with some trepidation, because I'm bringing out some information that otherwise would be confidential, but it's the way I've been proceeding with this ethics investigation, is just to be as up front about it as I could be. I wanted to report to the board, and I have a copy here, of the -- what do they call it, report of investigation to the Commission on Ethics for my particular hearing that I received yesterday afternoon at about 3:30. Basically -- and you'll read it for yourselves and see what it says -- but it had four possibilities for ethical violations to have been found. One was for continuing conflict, and that was found not to bear further investigation. And it had a potential voting conflict, because of the number of abstentions that I had, and that was found not to bear further investigation. It had a potential ethical violation about whether or not there was some trade in exchange for a gift on the golf tournament tickets and otherwise that I received, and that was found not to bear further investigation. And it will hold no great surprise, I think, that there is going to be further investigation about whether or not my acceptance of the tennis and golf tournament tickets was a technical violation of the ordinance. And the question that remains there apparently has to do with the valuation of the golf tournament tickets that I valued at $1,000, because I thought that was what they appeared to be worth. The procedure at this point is that by December 28th, the Attorney General's Office will have a recommendation to the Commission on Ethics, and on January 28th, the Commission on Ethics will decide whether or not there is probable cause to continue to investigate the one question. So I received that yesterday afternoon and just in the interest of disclosure wanted to let you guys know that. CHAIRPERSON BERRY: Just to clarify, Commissioner, the Attorney General does the investigation? COHMISSIONER HAC'KIE: Yeah. That's -- this cites the rule even that an Assistant Attorney General has been designated as the advocate for the commission and will present a recommendation on this matter to the Commission. So -- CHAIRPERSON BERRY: I didn't know that. I mean, I didn't know how it works. COHMISSIONER HAC'KIE: Yeah, basically, as I understand it, this is the investigator's report that will be reviewed by the Attorney General who will make a recommendation to the Ethics Commission on whether or not probable cause exists on the one remaining issue. And if they find that probable cause exists, then there would be another hearing on what the penalty, if any, should be. COHMISSIONER NORRIS: And that would be held locally? COHMISSIONER HAC'KIE: I don't know. I haven't gotten that far. But January 28th -- December 28th is the next date where I will get the Attorney General's recommendation, and then on January 28th, that last issue will be in front of the commission to decide, if there was a violation -- or if there's probable cause to believe that there's a violation. Long drawn-out process, but -- CHAIRPERSON BERRY: How long has this been going on now? A year? COHMISSIONER HAC'KIE: Over a year. CHAIRPERSON BERRY: Over a year? COHMISSIONER NORRIS: Over a year. CHAIRPERSON BERRY: That's a long time. COHMISSIONER HAC'KIE: Thanks. Just wanted to let you know. CHAIRPERSON BERRY: Thank you very much. Appreciate that. Mr. Weigel, do you have any comments? MR. WEIGEL: No, thank you. CHAIRPERSON BERRY: Mr. Fernandez? MR. FERNANDEZ: None other. CHAIRPERSON BERRY: Ms. Filson? MS. FILSON: No, thank you. CHAIRPERSON BERRY: If not, let's go home. There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 11:50 a.m. *****Commissioner Mac'Kie moved, seconded by Commissioner Constantine, and carried unanimously that the following items under the Consent and Summary Agenda be approved and/or adopted: ***** Item #16A1 RESOLUTION 98-465, REVISION OF POLICY AND PROCEDURES FOR VACATION AN ANNULHENT OF PLATS OF PORTIONS OF PLATS OF SUBDIVIDED LAND, ROAD RIGHT -OF-WAY, ALLEYWAYS, AND PUBLIC DEDICATION EASEMENTS CONVEYED TO THE COUNTY OR PUBLIC BY GRANT OF EASEMENT Item #16A2 COHMERCIAL EXCAVATION PERMIT NO. 59.664, FOR "JACKIE WEEKS COHMERCIAL EXCAVATION AND HOMESITE" - WITH STIPULATIONS AS DETAILED IN THE EXECUTIVE SUMMARY Item #16A3 - ADDED REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF NORTH COLLIER INDUSTRIAL CENTER AND APPROVAL OF THE PERFORMANCE SECURITY Item #16A4 - ADDED REQUEST TO APPROVE THE FINAL PLAT OF JASMINE LAKE Item #16B1 - Deleted Item #1682 AMENDMENT TO THE CONSTRUCTION MANAGEMENT CONTRACT RFP #98-2795 FOR THE SOUTH NAPLES COHMUNITY PARK PROJECT WITH W. G. MILLS, INC. AND THE NECESSARY BUDGET AMENDMENTS Item #1683 ASSIGNMENT OF THE PROFESSIONAL SERVICES/MANAGEMENT CONTRACT BETWEEN GARY L. HOYER, P.A. AND COLLIER COUNTY DATED OCTOBER 6, 1992 FOR MANAGEMENT ADVISORY SERVICES FOR PELICAN BAY SERVICES DIVISION (PELICAN BAY MUNICIPAL TAXING AND BENEFIT UNIT) TO SEVERN TRENT ENVIRONMENTAL SERVICES, INC. Item #16C1 INSTALLATION AND FUNDING OF ADDITIONAL HUMIDITY CONTROL EQUIPMENT IN THE MEDICAL EXAMINER'S BUILDING Item #16El CHANGES TO THE SENIOR MANAGEMENT FRINGE BENEFIT PLAN Item #16E2 BUDGET AMENDMENT 99-027 Item #16G1 MISCELLANEOUS CORRESPONDENCE - FILED AND REFERRED The following miscellaneous correspondence as presented by the Board of County Commissioners has been directed to the various departments as indicated: Item #16H1 UNITED STATES DEPARTHENT OF JUSTICE FEDERAL EQUITABLE SHARING ANNUAL CERTIFICATION REPORT Item #16H2 LOCAL LAW ENFORCEHENT BLOCK GRANTS PROGRAM AWARD FROH THE U.S. DEPARTMENT OF JUSTICE AND ASSOCIATED BUDGET AMENDMENT Item #16H3 BUDGET AMENDHENT FOR THE USE OF CONFISCATED TRUST FUNDS FOR THE PROCUREHENT OF MATERIALS FOR CRIME PREVENTION PURPOSES BOARD OF COUNTY COHMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL BARBARA B. BERRY, CHAIRPERSON ATTEST: DWIGHT E. BROCK, CLERK These minutes approved by the Board on presented or as corrected TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICE, INC., BY CHERIE' R. LEONE, NOTARY PUBLIC · as