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BCC Minutes 05/19/1998 RTRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COHMISSIONERS Naples, Florida, Hay 19, 1998 LET IT BE REHEHBERED, that the Board of County Commissioners, in and for the County of Collier, and also acting as the Board of Zoning Appeals and as the governing board(s) of such special districts as have been created according to law and having conducted business herein, met on this date at 9:00 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 Timothy L. Hancock ALSO PRESENT: Robert Fernandez, County Administrator David Weigel, County Attorney Item #3A AGENDA AND CONSENT AGENDA - APPROVED AND/OR ADOPTED WITH CHANGES CHAIRPERSON BERRY: Good morning. I'd like to call to order the Tuesday, Hay 19th meeting of the Board of Collier County Commissioners. If you'd rise, please, for the invocation of the Reverend James Lake of the United Church of Christ. Remain standing for the pledge of allegiance. REVEREND LAKE: Let us pray. Eternal God, we thank you for the beauty of this day and for the gift of life itself. You have blessed us in so many ways. And we know with those blessings comes the privilege to be a blessing to others. We ask, dear God, that you allow your love to work through us so that we may make a difference in those whom we encounter. We pray this morning for wisdom, for a discerning mind and an open heart, that you will be at work in all that happens. We thank you for your love, amen. (The Pledge of Allegiance was recited in unison.) CHAIRPERSON BERRY: Thank you, Reverend Lake, for being with us. Mr. Fernandez, do we have any changes to the agenda, please? MR. FERNANDEZ: Good morning, Madam Chairman and commissioners. Yes, we do. The first is to add item 8(B)(3), which is to approve an amendment of section 4 of the construction agreement for contract number 97-2771, removal of nonspecification material from the Naples Beach, and authorize suspension of the contract time until the end of the sea turtle nesting season. Staff request. The second is to remove -- I'm sorry, to move item B-1 to 16(B)(7). This is recommended speed limit changes for the roadways in the Gulf Harbor subdivision. The third is to move item 16(D)(6) to 8(D)(3). That's moving from consent to regular. Local agreement between Collier County and independent fire districts for basic medical training for firefighters. At the request of Commissioner Norris. The next is to move item 16(E)(2) to 8(E)(1), again, from consent to regular. Approval to procure grant writing services through a cooperative purchasing arrangement. Staff's request. The next is to continue to the June 2nd, 1998 meeting item 16(D)(2). It's the award of a contract to Candito Management Group, Incorporated for food and beverage concession at the main government complex, and to terminate the agreement with the State of Florida, division of blind services. At the request of Commissioner Constantine. The next is to add item 10(A), which is discussion regarding Everglades legislation. And we have received a request to have this item heard earlier in the sequence of agenda items than normal. COHMISSIONER HAC'KIE: Well, just to be clear about that, Mr. Guggenheim, who is going to speak on this, has to be gone by 10:30. So if we could be sure that we've heard it in time to -- COHMISSIONER CONSTANTINE: By the looks of the agenda, we'll be gone at 10:30, too. COMMISSIONER MAC'KIE: We can hope so. CHAIRPERSON BERRY: Okay, having made those changes, do I have an approval? MR. FERNANDEZ: Madam Chairman? CHAIRPERSON BERRY: Yes, I'm sorry. MR. FERNANDEZ: Mr. Weigel has -- CHAIRPERSON BERRY: Okay. MR. WEIGEL: Thank you. Good morning. I'd like to note, before you take up the agenda, that item 8(D)(2) -- that the agenda index records should reflect actually the title of the executive summary and not the agenda index title, as posted there, making reference to section 119.07, public records law. Secondly, I would appreciate an add-on item under county attorney for board discussion and direction concerning the application of the county's policy per resolution 95-632, which is the county's policy regarding providing legal defense and paying legal expenses of commissioners, employees and county advisory board members. And this is in regard to newly initiated legal matters concerning the Isle of Capri fire and rescue advisory committee. Please note that on agenda item 8(B)(1) that has -- that is recommended to be moved to 16(B)(7), that a resolution is required for the speed limit changes, and the record should reflect a reservation of a resolution number. And I also will be providing you a document showing a slight substitution paragraph on the legal services agreement before you with the firm of Roetzel and Andtess, which is item 16(1)(1). Included therewith is a standard conflicts paragraph which we have used previously with Roetzel and Andtess, whereupon, when they provide legal services to the county, we recognize that they're -- in regard to a lawsuit, we also recognize that they have other contractual relations with the county with the Code Enforcement Board, and also, not barring them from appearing before the board in other matters, generally. COHMISSIONER HAC'KIE: So basically we're waiving the conflict? MR. WEIGEL: We are waiving the conflict as specified. There are some limitations, but they are provided for in the document. And I will provide a copy of the document for the record, and I have extra copies, if anyone wishes to see that. That is 16(1)(1). Thank you. CHAIRPERSON BERRY: Okay. Commissioner Hac'Kie, do you have any other changes? COHMISSIONER HAC'KIE: No, ma'am. CHAIRPERSON BERRY: Commissioner Norris? COHMISSIONER NORRIS: Yes, ma'am, I do. I have a -- just a really brief item, probably would be under public services, 8(C)(1). CHAIRPERSON BERRY: It is what? COHMISSIONER NORRIS: It has to do with parking fees at Tiger Tail and the Marco Sportsfest. COHMISSIONER CONSTANTINE: No changes. COHMISSIONER HANCOCK: None at this end. CHAIRPERSON BERRY: Okay. And I have none. COHMISSIONER CONSTANTINE: Madam Chairman, I'll make a motion we approve the agenda and consent agenda as amended. CHAIRPERSON BERRY: Okay. We have a motion. COMMISSIONER MAC'KIE: Second. COMMISSIONER NORRIS: Second. CHAIRPERSON BERRY: And a second. All in favor? Opposed? (No response.) CHAIRPERSON BERRY: Motion carries five-zero. Item #4 MINUTES OF REGULAR BCC MEETING OF APRIL 21 AND APRIL 21, 1998 - APPROVED AS PRESENTED COMMISSIONER HANCOCK: Madam Chair, I move the minutes of the April 10 special meeting, the April 21 regular meeting and the April 28 regular meeting, all of 1998. CHAIRPERSON BERRY: We have a motion. COMMISSIONER NORRIS: Second. CHAIRPERSON BERRY: And a second. All in favor? Opposed? (No response.) CHAIRPERSON BERRY: Motion carries five-zero. Item #5A1 PROCLAMATION PROCLAIMING THE WEEK OF HAY 17-23, 1998 AS EMERGENCY MEDICAL SERVICES WEEK - ADOPTED Moving on then to proclamations this morning. And the first proclamation I have is emergency medical services week. If Chief Flagg would come up, please. Face the people at home with the new camera work here so they'll -- they get all angles and all that good stuff now. COMMISSIONER HANCOCK: Great part is now you don't know where to look. CHAIRPERSON BERRY: That's right. The proclamation reads as follows: Whereas, emergency medical services department paramedics and EMT's provide medical care to victims of sudden life-threatening injuries and illnesses, often under stressful conditions and in high-risk situations, to save the lives of others; and Whereas, emergency medical services professionals must rapidly assess, manage and effectively provide care in unpredictable situations requiring life and death judgments; and Whereas, emergency medical services professionals are often the first contact many residents and visitors to Naples/Collier County have with the health care system, and these professionals provide education, assessment, prevention and referral services in addition to their emergency activities; and Whereas, the residents and visitors of Collier County benefit daily from the efforts of skilled paramedics and emergency medical technicians; and Whereas, it is critical that the general public be made aware of, understand, support and effectively use its local emergency medical services systems; and Whereas, recognition is due to all emergency medical services professionals for their unselfish dedication to Collier County's residents and visitors. Now therefore, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that May 17th through the 23rd, 1998, be designated as emergency medical services week. Done and ordered this 19th day of May, 1998, Board of County Commissioners. Fellow commissioners, I'd like to move this proclamation. COHMISSIONER HAC'KIE: CHAIRPERSON BERRY: All in favor? Opposed? (No response.) CHAIRPERSON BERRY: (Applause.) Second. I have a motion and a second. Hotion carries five-zero. MS. FLAGG: Good morning, commissioners, and thank you. On behalf of the emergency medical services department, I would like to thank you for the proclamation and your continued support in allowing us to provide world-class emergency services for our community. Thank you. CHAIRPERSON BERRY: Thank you. Item #5A2 PROCLAMATION PROCLAIMING SATURDAY HAY 23, 1998 AS MIDNIGHT BASKETBALL DAY - ADOPTED Next on our agenda is a proclamation proclaiming Saturday, HAy 23rd, 1998 as Midnight Basketball Day. Commissioner Constantine. COHMISSIONER CONSTANTINE: Madam Chairman, from time to time we have discussions about Leadership Florida and its benefits and so on. One of the great things is that I've made some good friends from the Orlando area in my class who at the time told me about a Midnight Basketball program they had. It started out at one site and ended up spreading to 11 different sites around the City of Orlando. Theirs is funded almost 100 percent. They do have -- the City of Orlando participates, but almost 100 percent of those 11 programs are paid for by corporate dollars, and the Midnight Basketball program has been very, very successful. So two years ago we started that program and we are celebrating our second anniversary on the night of the 23rd -- is that right -- Saturday night. And if Keith Larson and Janice Elliott would come up, we've got kind of a two or three-part presentation here. But if the two of them would come up, we'll read our proclamation. Whereas, on HAy 2nd, 1996, the Golden Gate Community Center opened its doors on Saturday evenings from 9:00 p.m. to midnight for at-risk youths and adults, men and women, ages 13 and up, to watch and play basketball in a new program known as Midnight Basketball of Southwest Florida; and Whereas, Midnight Basketball is a cooperative partnership with the Collier County Parks and Recreation Department and the Collier County Sheriff's Department; and Whereas, the program offers at-risk youth a safe haven and an alternative to the streets on Saturday nights; and Whereas, an average of 71 (sic) at-risk youth and adults faithfully play hoop each week; and Whereas, the Sheriff's Department recognizes a correlation between the Midnight Basketball program and the reduction of youth-related crime and arrests on Saturday evenings in the Golden Gate area over the last two years; and Whereas, Midnight Basketball also provides (sic) the partnerships with the private sector benefit -- the community, as Ford Motor Company and the Cool Cruisers Club of Naples donated $16,000 towards the program the last two years -- that's the non-taxpayer part -- and Whereas, these donations give local at-risk youth an opportunity to see NBA basketball games, receive rewards earned for outstanding behavior in the community, and participate in national youth basketball tournaments; and Whereas, these donations also paid for a new state-of-the-art scoreboard utilized each week for the games; and Whereas, on HAy 23rd, 1998, this Saturday night, the Golden Gate Community Center invites everyone to celebrate the two-year success of the Midnight Basketball program with a special evening of planned festivities. Now therefore, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that Saturday, HAy 23rd, 1998 be designated as Midnight Basketball day. Done and ordered this 19th day of HAy, 1998, Barbara B. Berry, Chairman, Board of County Commissioners. Madam Chairman, I'd like to make a motion we approve this proclamation and we hold our applause following the approval. COMMISSIONER MAC'KIE: 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: We have with us, I believe -- is this our all-star team, Keith? MR. LARSON: Yes, it is. COMMISSIONER CONSTANTINE: If we could introduce these guys. We've assembled a pretty good team. We've got a traveling team that plays against Orlando and some of the other guys. I think Keith will share some of that with us. MR. LARSON: Actually, I'll let Janet handle the introduction, because she knows the players much better than I do. Janice and Charlie Hicks. Charlie, would you come on up, please? These two people run our Midnight Basketball program for us each and every Saturday night. And because of their dedication to the program, it's become the success that it is. So come on up. I'll let them introduce the players of the traveling team. These young men had the opportunity to go to Orlando this year and represent Collier County in the national Midnight Basketball tournament that was there this past April. MS. ELLIOTT: I can hold it? COMMISSIONER NORRIS: Take it home with you. MS. ELLIOTT: This group of boys came to Orlando with us. They became a team because of their great attitudes. They're good basketball players, too, but we really look for the attitude. Jerry St. Jean? MR. ST. GEORGE: St. George. MS. ELLIOTT: St. George. Come on up. (Applause.) MS. ELLIOTT: Arthur Turfell. (Applause.) MS. ELLIOTT: Larry Perry. (Applause.) MS. ELLIOTT: Chris Duffy. (Applause.) MS. ELLIOTT: Danny Condamina. (Applause.) MS. ELLIOTT: I'm sorry, Boo-Boo, I had to do that. Boo-Boo. This is Ronnell Davis. (Applause.) MS. ELLIOTT: Gene Tanilis. (Applause.) MS. ELLIOTT: And this is Big Earl. Earl Tanilis. (Applause.) MS. ELLIOTT: Would Danny like to say a word? Danny was on the front page of the newspaper this morning, and now he's going to be on TV. This is a pretty special day. MR. CONDAMINA: No, I'd like to say that we had some good coaches, we had a fun time in Orlando, and I'd like to do it again, if we could. And I thank all of you for having us, you know, in a tournament and opening up the community gym that kept us away from crime and everything. Thank you. (Applause.) COMMISSIONER CONSTANTINE: Before we let them go away, I want to get Matt Seare from Ford Motor Company up here. Ford has been a supporter of this from day one and has contributed a six thousand dollar check each year, one of which we have -- actually, yeah, the good version here. Come on up. COMMISSIONER HANCOCK: We have the one you can cash, but that one looks nicer. COMMISSIONER CONSTANTINE: And Matt, we appreciate all your help with that. (Applause.) COMMISSIONER NORRIS: You have to sign it. COMMISSIONER CONSTANTINE: That's right. It's a blank one right now. MR. SEARE: No signature yet. I don't -- I rarely sign checks this big, so I'll go ahead with this. I'll give it a shot. CHAIRPERSON BERRY: Big writing. COMMISSIONER MAC'KIE: And you can cash this. I learned that in law school. MR. SEARE: On behalf of Ford Motor Company and all of our employees, we are glad that we can support such a program. We feel that the real strength of our community needs to come from our youth, and that's the future that we have. And so we present this check to you guys, and best of luck with it. And you guys have done a great job. MR. LARSON: Thank you very much. COMMISSIONER CONSTANTINE: And Janice kind of undersold, she said they got great attitudes and they're good players. Matt and I can tell you from personal experience, they're very good. MR. SEARE: They're very good players. MR. LARSON: Yes, they are. COMMISSIONER HANCOCK: I was going to say, I'll come Saturday and post you up, but I ain't posting them up. COMMISSIONER CONSTANTINE: Thank you all very, very much. (Applause.) MR. LARSON: Commissioners, my name is Keith Larson and I'm the lucky guy who gets to supervise this program at the Golden Gate Community Center. And I just wrote down a couple of people that I could thank this morning. And on behalf of the Collier County Parks and Recreation, Golden Gate Community Center, and its staff, I want to thank Matt Seare of the Ford Motor Company for this wonderful donation. Mr. Seare and Ford have been a big part of the Midnight Basketball program from the very beginning, and we sincerely appreciate their continued support. This is the third year in a row that Ford Motor Company has given such a generous donation. And the donation helps to fund this and other youth programs at the center and allows the young people of our community to experience new and exciting activities. So once again, a big thank you to Mr. Seare and the Ford Motor Company for helping keeping these wonderful programs alive. I would be remiss if I didn't take this opportunity to say thank you to some other people who have been instrumental in making the Midnight Basketball program a success. The Cool Cruisers of Naples Car Club, the Collier County Sheriff's Office, the Collier County Parks and Recreation Department, Golden Gate Community Advisory Board, and of course the wonderful and talented staff of Golden Gate Community Center: Janice Elliott and Charlie Hicks who are here this morning, Cathy Topalsky, Julie Allen, Ellen Shaw, Beulah Parkman and Irene Johnson. And I'd also like to thank Commissioner Constantine for the dedication in getting this program started in Collier County. We were the first to have Midnight Basketball in Southwest Florida, and it's because of Commissioner Constantine spent (sic) many hours checking out the similar program in Orlando, like he mentioned earlier, and providing the rec. staff with all the information on how to get the program off the ground. So thank you, Commissioner Constantine. And thank you, commissioners, for allowing me this opportunity here today to recognize all these people, for the dedication of the Golden Gate Community Center and its program. Thank you all very much. CHAIRPERSON BERRY: Thank you. COHMISSIONER CONSTANTINE: Just a final note. Beginning in June, roughly about the time school gets out, we're ready to start a Friday night program for the summer months at East Naples Middle School in a cooperative agreement with the school system. So you can play hoops Friday and Saturday. You'll have another spot to do it. MR. LARSON: Thank you all very much. CHAIRPERSON BERRY: Thank you. I think we'd be remiss in not saying thank you to the adults who are involved in this who spend and take time away and provide the supervision for these programs. We can't say thanks to all of you enough. And I'm glad to see you kids get out and participate and take advantage of these facilities, and I'm glad to hear about the Friday night program, because I think that's -- we have these buildings and with supervision, this is what they should be used for. So I certainly applaud that effort and thank you all so very much. Item #5A3 PROCLAMATION PROCLAIMING HAY 19, 1998 AS ROTARY INTERNATIONAL GROUP STUDY EXCHANGE TEAM DAY - ADOPTED Moving on then, we have another proclamation proclaiming May 19th, 1998 as Rotary International group study exchange teen day. And I notice that we have two Rotarians of long-standing in the community. We have A1 Bruggemeyer in the back room, and also George Drobinski, who is Mr. Rotary. And Commissioner Norris, would you please read the proclamation? COHMISSIONER NORRIS: I would. If we could get Mr. Rotary to bring these people up, we'll introduce them right now. This proclamation here today is to be accepted by the Philippines group study exchange team members. Gabriel Evengelista, team leader and retired mechanical and metallurgical engineer. Which one is Gabriel? Gabriel, just right over there. COHMISSIONER HANCOCK: Stand over here and turn around so everyone at home can see you on television. COHMISSIONER NORRIS: Marianne Ocsio, team member and medical doctor, specializing in obstetrics. Gene Nisperos, team member and medical doctor specializing in community medicine. Josette Balonga, team member and training officer and TQH specialist. Loreidel Santa, team member and television radio host. And of course Mr. Rotary, George Drobinski, is here to help these people walk through this with us. And the proclamation reads: Whereas, we welcome the Rotary International Group Study Exchange team from Rotary International District 3870 Philippines to Collier County, Florida; and Whereas, the Rotary Foundation of Rotary International Group Study Exchange Program has sent to us a team of five professionals who are visiting Collier County to study our institutions and ways of life; and Whereas, the team members will also observe the practice of their own professions and exchange ideas; and Whereas, the team is able to personally experience family lifestyles as they are hosted by Rotary Clubs of Collier County and given accommodations in local homes; and Whereas, the Rotary Foundation is a nonprofit corporation supported by Rotarians and others worldwide. Its objective is the achievement of world understanding and peace through international humanitarian and educational programs. Now therefore, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that Tuesday, March (sic) 19th, 1998 be designated as Rotary International Group Study Exchange Team Day. Done and ordered this 19th day of HAy, 1998 by the Board of County Commissioners of Collier County, Florida. Barbara B. Berry, Chairman. And Madam Chairman, I'll move that we accept this proclamation. COHMISSIONER HAC'KIE: Second. CHAIRPERSON BERRY: We have a motion and a second. And all in favor? Opposed? (No response.) CHAIRPERSON BERRY: Motion carries five-zero. (Applause.) MR. DROBINSKI: For the record, commissioners, I'm George Drobinski. That's spelled R-O-T-A-R-Y. COMMISSIONER MAC'KIE: Spelled R-O-T-A -- I love that -- COMMISSIONER HANCOCK: I was going to say, you have to change all your business cards. MR. DROBINSKI: Oh, every one of them. They're in crayon, though, so it will work out, no problem. On behalf of our district governor, Leo Pete Cypher and the Rotarians of district 6960, I wish you all mahgadon, umaga and mabuhi (phonetic). COMMISSIONER MAC'KIE: Help him out. MR. DROBINSKI: I'd just like to thank you for welcoming this group study exchange team. And as part of this presentation, I'd like to take a moment to introduce our all-star team, of course, from Collier County who through your generosity and participation you've helped these young individuals to participate in this wonderful program. I'd like to introduce first off, Sam Saadeh from -- assistant to the county administrator who went to India. And to his right is Bob Selvaggio, who has also been to the Philippines as well, so he's quite familiar with these individuals. Terry Bolle, who works for the Sheriff's Department, went to Lanka and India as well. Stephanie Sauser, who works for the TAG office here in Collier County, had gone to Colombia with Mike Davis, who could not be here today, but he sends his best wishes for you all. And Joe Delate, who also with the Department of OCPM, has gone to Colombia as well. And these have all participated. And myself, I had the privilege of leading a team to Italy, which is our next group study exchange, which is northern Italy next year, Mr. Conrecode. Whoops. Hold off. If I'm going to get one town, I'm going to get the other, that's how it's going to work, basically. But this is a very good program. It's a very good program of the Rotary Foundation. We thank you for your participation. I'd like to introduce Mr. Gabriel Evengelista who is the team leader. He is a retired metallurgical engineer. And after I saw what Commissioner Constantine did with the basketball, please, no I-beams being thrown out to the center. Gabriel? MR. EVENGELISTA: Good morning. CHAIRPERSON BERRY: Good morning. MR. EVENGELISTA: I'm very pleased to be here with my team. And in behalf of my team from the Philippines, the group study exchange, I'd like to express our thanks and appreciation for this proclamation claiming this day, May 19, 1998, as Rotary International Group Study Exchange Day. Thank you very much. And we hope that we can live up to the expectations of this board. Thank you again. CHAIRPERSON BERRY: Thank you very much for being here. (Applause.) MR. DROBINSKI: They will be traveling the government complex today going to the Sheriff's Department, TAG office and such. We'd like to take a special moment, though, to state that Mr. Bruggemeyer, A1 Bruggemeyer, who is Mr. Rotary, Jr. then, actually led the team to the Philippines. There is an honorable mention: Fred Reischl, who -- he had a choice to be here today, but no, he had to go to Japan. So we'll talk about his priorities. He's on a group study exchange team with them. COMHISSIONER MAC'KIE: Life is tough. MR. DROBINSKI: It is, it is. But thank you for your contributions and participation in this program. Thank you very much. CHAIRPERSON BERRY: Thank you. George, could you just tell -- how long is the group -- how long is the study? MR. DROBINSKI: It goes for 30 days. They have arrived in Naples as of last Thursday. They'll be in this area until this Thursday in which they'll proceed to Fort Myers. They spend typically around a week in each of the areas traveling up district 6960, finishing up their exchange around the Sarasota area, in which some have chosen to stay for another week or so and enjoy the United States, while others will be going back to their families and their vocations after that month. CHAIRPERSON BERRY: Okay, very good. Well, I hope they enjoy their stay and have a wonderful time here, and we're very pleased to have you with us. COMHISSIONER MAC'KIE: Did you and A1 ever serve on the school board together? CHAIRPERSON BERRY: Yes, we did. COMHISSIONER MAC'KIE: That's great. Did a lot of good work. CHAIRPERSON BERRY: Certainly did. Item #5B EHPLOYEE SERVICE AWARDS - PRESENTED Okay, moving on then to service awards. Commissioner Hancock. COMHISSIONER HANCOCK: Thank you, Madam Chairman. It's my pleasure this morning to recognize two individuals, both with five years of service. First, from the road and bridge department, celebrating five years, is Mr. Martin Herrera. (Applause.) COMMISSIONER HANCOCK: We're not going to let you just stand in the back of the room, Martin. We've got to bring you up and duly embarrass you. And also with Martin celebrating five years from road and bridge is Michael Patten. (Applause.) COMMISSIONER HANCOCK: Mike, congratulations. Thank you very much. CHAIRPERSON BERRY: Thank you. Item #SA1 RESOLUTION 98-167 ADOPTING POLICIES AND PROCEDURES FOR SUMMARY AGENDA ITEMS AND PROCEDURES FOR PRESENTATIONS BEFORE THE BCC AND THE CCPC - ADOPTED WITH CHANGES Okay, next item on the agenda, item 8(A)(1), recommendation to the Board of County Commissioners with respect to the adoption of policies and procedures for summary agenda items and procedures for the presentation before the Board of County Commissioners. COMMISSIONER CONSTANTINE: Madam Chairman, I'll make a motion we adopt the policy. COMMISSIONER MAC'KIE: Second. COMMISSIONER HANCOCK: Why couldn't we have made this a summary agenda item? COMMISSIONER MAC'KIE: ANd whose idea -- this is a great -- did you bring this with you from somewhere else? This is wonderful. MR. FERNANDEZ: We had it in St. Lucie County. COMMISSIONER MAC'KIE: Thank you for bringing it to us, and also for the official procedures about how things go. It's just great. MR. MULHERE: I just have two small corrections. COMMISSIONER HANCOCK: You can't let it slide, can you? MR. MULHERE: I'm sorry. CHAIRPERSON BERRY: Identify yourself. COMMISSIONER CONSTANTINE: Come on. I'm this close, Bob, to withdrawing my motion. MR. MULHERE: Actually, I had a call from Mr. Bruce ANderson yesterday, and he brought to my attention to a couple of very small items, which I spoke with Attorney David Weigel regarding, and he agrees that probably those need to be addressed. And the first is on page seven of your executive summary packet under 2C, agreement with staff's recommendation. The paragraph references an evidentiary hearing, and addresses the applicant's right to waive that, when in actuality the entire process is an evidentiary hearing. So we need to change it to read that the applicant agrees with staff's recommendation and wishes to waive his or her right to present additional evidence. Small language change, which we will make and then bring the resolution and packet back for the chairman's signature. The only other item was -- it was requested that there might be certain circumstances where 20 minutes allotted for the applicant's presentation might not be sufficient. Very rarely, I understand. However, I would just bring to the board's attention that item number six on executive summary page six provides the chairman with the discretion to extend the time for any speaker, so I think that that's sufficiently addressed. Those were the only two items that were brought to -- COMMISSIONER CONSTANTINE: Madam Chairman, I'll amend my motion to reflect those changes. COMMISSIONER MAC'KIE: Second amend. CHAIRPERSON BERRY: Let the record also reflect that that was Mr. Bob Mulhere that spoke on that item. MR. MULHERE: Thank you. CHAIRPERSON BERRY: Do we have a speaker on this item? MR. FERNANDEZ: You have one speaker, Madam Chairman. CHAIRPERSON BERRY: All right. Let's -- MR. FERNANDEZ: Mary Dunavan. MS. DUNAVAN: My name is Mary Dunavan, and thank you, members, commissioners, for allowing me to speak today. And I'm speaking on A-1. And that you're going -- actually, it's A, shall be limited to a maximum of five people at the public comment on general topics. Why? Why are you only going to allow five people to speak? COMMISSIONER CONSTANTINE: I'm sorry, can you tell me which area you're referencing? MS. DUNAVAN: A. COMMISSIONER CONSTANTINE: Is there a page number? CHAIRPERSON BERRY: Four. COMMISSIONER CONSTANTINE: Thank you. MS. DUNAVAN: Page four. CHAIRPERSON BERRY: Are you looking at item A-2, Mary? Is that where you're at, on the time limits? COMMISSIONER HANCOCK: No, she's -- MS. DUNAVAN: No, I'm -- COMMISSIONER MAC'KIE: The number of -- MS. DUNAVAN: Exhibit A. CHAIRPERSON BERRY: Yes. MS. DUNAVAN: And it's A, public comment on general topics, on page four. COMMISSIONER MAC'KIE: Why should there only be five per meeting MS. DUNAVAN: Yes. COMMISSIONER MAC'KIE: -- is her question. And my answer to that would be that, you know, we schedule a lot of things. We limit things on the agenda so that we can't -- so we can have a reasonable amount of time for other items. We've never had more than five anyway, Mary. We've never had more than two or three. MR. FERNANDEZ: The chairman has the discretion -- CHAIRPERSON BERRY: And the chairman -- it goes ahead and says the chairman has the right, unless the chairman recognizes additional speakers, so the chair still has the right to recognize more speakers. COMMISSIONER CONSTANTINE: I assume this is just to control if you had some group or otherwise who was trying to -- COHMISSIONER HAC'KIE: Packed room. COHMISSIONER CONSTANTINE: -- interfere with the process and signed up with 30 speakers all on the same topic. MS. DUNAVAN: But this has happened before, and it's been taken care of pretty easily. A lot of the people that were speaking on the same deal did say that they would relinquish their time. CHAIRPERSON BERRY: They do anyway. COHMISSIONER HANCOCK: Well, Mary, absent a written -- absent a written policy, it really makes the chairman -- it puts the chairman in a difficult position of in essence playing God for the day. You know, that -- the chairman has to then decide what is and isn't appropriate. Is two appropriate or five? And I think having a written policy like this gives the chairman the clear authority that if someone comes in here and on a single topic registers 10 speakers to try and turn this into -- instead of general comment, turn it into a political platform or a position statement using 50 minutes of not just this board's time but everyone else's who is here, that the chairman now has the authority to deem that inappropriate and has a policy to cite. It's really to deal with the abuses, not with the day-to-day operation, and I think that's appropriate. COHMISSIONER HAC'KIE: Let the record reflect God or in the present case, goddess for the day. CHAIRPERSON BERRY: Madam God. MS. DUNAVAN: Doesn't the chairperson have that right already? COHMISSIONER HANCOCK: If they have it already, Mary, then what's the problem? MS. DUNAVAN: Pardon? COHMISSIONER HANCOCK: If your sanction has it already, then what's the problem? MS. DUNAVAN: The problem is that it's in writing that -- a maximum of five, and what about -- COHMISSIONER HANCOCK: It's also in writing that the chairman may recognize additional speakers. MS. DUNAVAN: What about constitutional rights of people? You have constituents that come up here and want to talk, and what we have is a maximum of five. COHMISSIONER HANCOCK: No, ma'am. COHMISSIONER NORRIS: Unless -- five unless -- you're leaving out a very critical part, Mary, when you say that. It's five, unless the chairman recognizes additional speakers. MS. DUNAVAN: But this takes freedom away from the other people. COMMISSIONER HANCOCK: No, it doesn't. COMMISSIONER NORRIS: No, it doesn't. MS. DUNAVAN: Even you four other members here, if the chairman decides nobody else speaks, are you going to be able to change that? COMMISSIONER HANCOCK: No, the chairman has that authority. It's their meeting to run, period. They've always had that authority, Mary. MS. DUNAVAN: That's what I figured, that they already had the authority, so why -- COMMISSIONER MAC'KIE: This is just codifying it. MS. DUNAVAN: -- five? COMMISSIONER NORRIS: Just putting it down -- MS. DUNAVAN: How about 107 COMMISSIONER NORRIS: -- on paper. How about 50? MS. DUNAVAN: Yeah. COHMISSIONER NORRIS: Why not 1,0007 MS. DUNAVAN: That's right. COHMISSIONER NORRIS: At some point it becomes ridiculous, right? You will admit that at some point it becomes ridiculous. How about 50,000 people? MS. DUNAVAN: I haven't seen it become ridiculous. COHMISSIONER NORRIS: Well, that doesn't mean it can't at some point in time. How about if we allow 50,000 speakers on each item, is that ridiculous? MS. DUNAVAN: Well, I suppose it would be -- COHMISSIONER NORRIS: Yeah. MS. DUNAVAN: -- but I don't think that's probable. COHMISSIONER NORRIS: Okay. So let's give the chairman the authority then in writing to be able to decide when something is going to be abused and when it's appropriate. That's all we're saying. And we're not trying to take your constitutional rights away from you. This is not the United Nations up here, this is the county commission. MS. DUNAVAN: What about the -- your constituents that -- two of you are running for office. Can your opponent use this against you that, you know, there's only going to be five unless a chairman says so? COHMISSIONER HAC'KIE: They've got so much stuff already, Mary, it's probably -- COHMISSIONER HANCOCK: Mary, you know, we don't make decisions up here based on political races. I pray to God we don't, and I'm not going to do one here. This is simply putting in writing the authority the chairman already has. Period. This is not taking anyone's rights away, by you making that statement that is not only unfair but untrue. No one's rights are being taken away. If an individual appears here and asks to speak and there are seven speakers or seven different items, the chairman's not going to say no, no, no, we have a policy of five. This is merely to put a policy in place to avoid potential abuses. That's all. Period. It's not taking anyone's rights away. It's not really going to change the way we do things week to week in normal circumstances. So there's really no net change to the public on this at all. CHAIRPERSON BERRY: Yeah, I don't see this as being a big problem. I truly don't. As a chairman on another item some time back, we had some information that came to the Board of County Commissioners, and at that point in time I said there would be no speaker, because it was really inappropriate to get into speakers coming to the podium to address the item. We weren't in a mode where we were going to be taking any action, we were merely hearing information. That was inappropriate, in my opinion as the chairman, to have speakers on the topic. Now, I did get some criticism from that, and I'll still stand by what I said, it wasn't the appropriate time to have speakers. And I think the chair always has that right to do that. And I don't think that this is going to change anything any. You know, if I've got 50 people sitting out here, we'll recognize as many of those people as can come to the podium and bring up, you know, new information. But for 50 people to stand up and be redundant and say 50 things over and over and over again makes absolutely no sense. And by this merely putting it in writing, it's there, that's all. I don't look at this as something that's a burden on anyone, be it a speaker -- you know. COHMISSIONER CONSTANTINE: Well, and the important note here is this is for public comment. CHAIRPERSON BERRY: Right. COHMISSIONER CONSTANTINE: This isn't for an advertised agenda item. So obviously if there is an advertised item, something that we're making a decision on, there's no limit. But for public comment, which is not an agenda item, no action is taken '- MS. DUNAVAN: Well, that's why I think that it's a little ridiculous to put five, when this is the only one the public can make comments, at that -- at the board meeting really at that time. COHMISSIONER HAC'KIE: But we've never had five show up. We've only had two or three. MS. DUNAVAN: That's why I'm saying, why do you put it in there then? COHMISSIONER HANCOCK: Mary, I dealt -- when I was chairman, one of the first things I did -- and I'll leave the gentleman nameless -- there was a person who loved to use that podium to preach their own gospel. It had absolutely nothing to do with the business of operating government in Collier County. Preach gospel and say things and stand on this soap box about what should be happening in the world that this board has absolutely no involvement in. That is a waste of time. It is inconsiderate. And that microphone is not a political soap box for people to get up on and preach their beliefs. It is a general topic discussion element for business relative to this county commission. I've seen it happen in the past where people would do that. And if that happens again in the future, and starts to begin happening to excess, the chairman has a reasonable tool in writing to enforce that, and they don't have to sit out there on a limb all by themselves, you know, without any real policy to hang their hat on. That's all it is. It's not going to change the way you or your husband come in here and talk to us under general comments. So I don't think it has any way of taking anyone's rights away unless they themselves are being very unreasonable and using that time inappropriately. That's all. COHMISSIONER HAC'KIE: And could I just comment, that if we find that we're wrong in that assumption, you will use the public comment section to point that out to us, and we will always have the option of changing this procedure if it turns out that five was the wrong number. MS. DUNAVAN: Okay, because Mr. Hancock, the person -- I know who you're talking about -- isn't coming, so you took care of that without this. COHMISSIONER HANCOCK: That was not the intent, but that's his choice. MS. DUNAVAN: Okay. Thank you. CHAIRPERSON BERRY: I think the main thing here is just reasonableness. I think that's where we're trying to get to on it. And I would hope that any of our constituents -- any one of the five of us are hopefully constituents of all of us up here -- would know that they could feel free at any time to pick up a phone or come and make an appointment to come and see us. I don't know of anybody that's refusing to see anyone. So I think people have to remember, what is this commission meeting? What is this meeting that we do on Tuesday -- what is it all about? And it is to conduct the business of Collier County. It is not necessarily in my mind a public forum. It's a time when all five of us -- it's the only time that the five of us take action. Any one of us cannot initiate and set forth policy. It's the only opportunity that we have in a meeting, and it's our meeting to make sure that we carry out policies. Now, if we take that time up to let people just come and talk about things of interest to them -- I'm sorry, I believe that this meeting is a time for us to get together here and conduct the business of the county. If you want to talk about general topics with any -- and I even -- I look at this whole thing, the public comment sector, this was new to me when I came here. Usually it should be -- in my mind almost, it should be limited to the items that we're dealing with on commission items. But to just come and use this forum as something to just talk about things, whatever's on your mind, I think there's plenty of appropriate times to address commissioners on those items. We've got, you know, six other days in the week that any one of us are available to talk to people. And it seems like many times that this turns into doing it for the audience on television. So enough said on this. COHMISSIONER NORRIS: We have a motion, don't we? CHAIRPERSON BERRY: We have a motion. Do we have a second? COHMISSIONER HAC'KIE: Yes, I seconded. CHAIRPERSON BERRY: Okay. If there are no further speakers, I'll call for the question. All in favor? Opposed? (No response.) CHAIRPERSON BERRY: Motion carries five-zero. Item #882 REVIEW OF GATEWAY TRIANGLE STORMWATER MASTER PLAN AND REOCHMENDATIONS TO IMPLEMENT ALTERNATIVES - APPROVAL OF ITEMS 1-4 AS INDICATED IN THE EXECUTIVE SUMMARY; STAFF TO RETURN WITH COST FEASIBLE PLAN; AND STAFF TO INVESTIGATE PUBLIC'S INTEREST IN HSTU COHMISSIONER CONSTANTINE: This next item, Commissioner Hac'Kie, is this primarily information update, or are you looking for some action? COHMISSIONER MAC'KIE: We're actually hoping for some action on this as well. Sort of beginning of the stormwater resolution. So it does require some action. And I wonder if you think it might take a long enough discussion that we want to go ahead and move up the Everglades discussion. COHMISSIONER CONSTANTINE: I don't think it will take that long. COHMISSIONER MAC'KIE: Good. I hope it won't. Prompt approval. COHMISSIONER NORRIS: Mr. Boldt, if you take that map and put it up there, the people can put it on camera and put it on all these monitors, I believe. MR. FERNANDEZ: Right here is fine, just so that camera there can see it. COHMISSIONER MAC'KIE: Yeah, just so that camera can get it. COHMISSIONER NORRIS: Actually, up there, tack it up on that board. I don't know if the camera can get it too well. MR. BOLDT: I have a series of maps we could use, if you chose to do so. MR. FERNANDEZ: Is it coming through? COHMISSIONER MAC'KIE: Not yet. CHAIRPERSON BERRY: They're not getting anything yet. COHMISSIONER NORRIS: They're trying. COHMISSIONER HANCOCK: Let's go ahead with the presentation. MR. BOLDT: I'm not sure the cameras are working this morning. I think they were earlier testing them. I'm not sure they're functioning. CHAIRPERSON BERRY: Okay. MR. BOLDT: Good morning, commissioners. For the record, John Boldt, your stormwater management director. I'll try and make my presentation brief. If you have questions about details, I'll be glad to get into them. We're here to talk this morning about the so-called Gateway Triangle area. It's bounded on the north by Davis, on the east by Airport Road and U.S. 41. Your planning department recently completed a redevelopment study of the area, and during those discussions and public meetings, drainage and flooding were identified as a very critical and a major concern of the property owners in the area. This Triangle area is served by three different outlets. There's a strip along the west side of Airport Road that goes north into Rock Creek. There's a small corner down on the southeast portion that goes into Haldeman Creek, but the rest of it for the most part goes into either U.S. 41 or Davis Boulevard storm drains and into what I would call the boat haven canal that connects into Naples Bay. The area is rather low-lying, especially in the western portion of it. There are elevations in that area anywhere from two and a half to three and a half feet above sea level, which gives you some indication of the problem. The drainage areas are -- the whole drainage system is mostly served by the traditional roadside ditches and culverts and swales. And several of those outlets are tidally affected. There's some areas in the storm drain where the tidal water surges back and forth into the outlets themselves, which leads to the problem of wind-driven tidal influences, diminishes our outlets. Water quality is a concern because of where these waters are outletting into the tidal areas. Particularly Naples Bay. And there's some commercial operations in the area that are involved with, say, auto and boat repair areas that causes concern. So with your permission, we engaged the services of Camp, Dresser & HcKee to do a conceptual stormwater master plan of the area. And Richard Hoore of -- the project manager and Harie Hahan, the project engineer, are here this morning, if you have questions of them. We asked them to go through and identify the various basins and sub-basins and inventory the drainage systems to document those chronic flooding areas, which are mostly along Commercial and Kirkwood Avenue. They're -- the area is fronting on Davis Boulevard. There's a problem area down around Linwood and Manorca Avenues, and also at Pelton and Davis -- or Pelton and U.S. 41. Long-standing areas that were brought to our attention. We also asked Camp, Dresser, HcKee to address the issues with the Florida Department of Transportation six-laning project of U.S. 41. There was a window of opportunity for us to evaluate the storm drain system that they're installing at this time, which provides an outlet for a good share of this triangle area. So we asked them to evaluate the numerous connections to the storm drain system and give us an evaluation on that. So the whole evaluation involved basically three scenarios: Alternative number one, we asked them what we should be doing right now with what we have to restore the system to its original design capacity. And then take a look at alternate number two, which would be what kind of capital projects would we have with the existing land use to upgrade the system and maximize the protection we can give them from flooding. And alternate number three, which would be based on a future land use scenario of major redevelopment in the area. If a developer would come in and buy a large portion of that and literally, you know, tear it down and start all over, what could we do in the future providing modern state-of-the-art system of stormwater retention areas and control structures to give maybe a ten-year design storm. So the recommendations we have for you this morning, just very briefly, involve first of all moving ahead and trying to upgrade the maintenance that's going on in the area right now. Your road and bridge section has spent quite a bit of time in the area recently. We would like to see that taken to a higher level of standard where they would have more capability of doing more frequent maintenance of those drainage ditches and culverts, doing some repair work to some of them that may be damaged and those that are -- might have some possibilities of being plugged. We would like to have that done to re-maximize the system that we have. Alternative number two involves several different recommendations: First of which is to increase the drainage connections we have on U.S. 41. We're going to talk about increasing pipe sizes in several connections from 18 inches to 24, lowering the inverts on them and installing flap gates. And then also, making some improvements to those areas that have the chronic flooding problems around Commercial and Kirkwood, particularly up near Pelton and the Linwood area. And the summary and report that you were given outlines in great detail of what we're asking for there. Alternative number three, which really is not an issue today, would be based on a future land use scenario. Upon major redevelopment, this is the alternative we would suggest be used. We're not asking at this point in time for any authority to move ahead with that. CDH took the initiative and provided us with some possible funding sources that we could get through some grants and loans, both on the regional, state and federal level. And based on their recommendations, or at least their guidance, have developed a preliminary proposal for cost allocation, which is a part of your executive summary on page four. Using some of the precedent, we've (sic) had established some other projects: The Naples Park drainage project, and also the direction if you were heading on the Lely area stormwater project, we've come up like with a funding partnership involving both the county at large, which we're recommending something in the area of 15 percent of all these costs. The City of Naples, we've had some very, very preliminary discussions with them about their participation in this, because of the water quality impacts on Naples Bay. We're going to be talking to some individual property owners about some water quality, some special structures we're proposing on the Kirkwood extension area. And then also, we feel like there's a possibility of getting some state grants for water quality treatment from the Florida Department of Environmental Protection. And then long-term under alternative number three, if you do have some major redevelopment, there are some block grants that we feel are possible to help improve the flood protection in the area. The remainder of the cost, approximately 50 percent, we feel ought to be placed upon the property owners themselves, either through a special assessment district or a taxing district. So the costs you see in this table. I caution you, however, to note that the -- one of the footnotes says that this does not include any of the land rights or the environmental remediation costs of this project. We haven't gone that step to investigate that, if there are land costs involved. And also, involving alternate number two, there's a pond area proposed that may have some environmental concerns. We understand there might be an old -- some old landfill area in that particular area. So what we're asking for today in terms of recommendations is first of all, that you would accept this in concept, the stormwater master plan, as prepared by Camp Dresser HcKee; that you would approve also, just in basic concept, this preliminary cost allocation proposal; authorize us to proceed with the issuance of a purchase order to Archer-Western, who is the contractor, in an amount not to exceed $24,000 to upgrade those connections from that new six-laning program. That work, because of our limited time opportunity, is already underway. They're doing this as they go. We had a very limited time to do this. And it's within our spending authority. But we wanted you to be aware of what then is incorporated into this executive summary. We're also asking for the authority to proceed with the so-called Kirkwood Avenue extension storm drain, which would run from the area of Avondale Drive east about 600 feet. This is going to provide some temporary relief for some severe flooding problems. There's some commercial properties up front on Davis, particularly near the Naples Rent-All, that when we get into the rainy season, their back areas are going to be flooded because of the lack of an outlet. And we're proposing to install a portion of this alternate number two in advance. Our very preliminary cost estimate was around $40,000. We now have the field surveys done and CDH is in the very preliminary stages of design, and they're suggesting that forty thousand dollar figure might be more appropriate around $60,000, because of some special structures we're proposing to put in there. And then recommendation number five would be in the upcoming review process for the next fiscal year which you'll be considering next month, that you give serious consideration to funding the alternative number two -- or excuse me, alternative number one and two in the aforementioned fiscal impact that involves additional funds to road and bridge, and then proceeding with the remainder of the alternate number two. And there's an associated budget amendment with it. That's about as brief as I can make it without skipping over some of the essence of it. Do you have any questions? CHAIRPERSON BERRY: Commissioner Hancock? COHMISSIONER HANCOCK: First of all, I noticed that when we talked about the county's amount of $385,000 -- MR. BOLDT: Yes, sir. COHMISSIONER HANCOCK: -- that's 15 percent of the total project cost or 15 percent of alternates one, two? MR. BOLDT: At this point it's alternates one and two. Alternate three we feel would be more, you know, the major redevelopment where you get some block grants, and there would be, you know, major developers involved. COHMISSIONER HANCOCK: So at this point we're not even really discussing alternative three -- MR. BOLDT: No, that's just -- COHMISSIONER HANCOCK: -- it's on paper, but -- MR. BOLDT: Right, that's just long-range. COHMISSIONER HANCOCK: -- it's really not what we're dealing with. MR. BOLDT: That might be five, ten years from now. COHMISSIONER HANCOCK: I understand 15 percent was plus or minus the number we used at Naples Park, but that number was based on acreage of drainage. In other words, how much -- what percentage of the total area was a public right-of-way versus private property. That was the method that we arrived at 15 percent, because you may remember, we started off much lower than that. We're looking for an equitable fairness argument there, and the fairness argument resulted, as my recollection is, in that being that the public rights-of-way were public drainage issues and spending general revenue dollars on that made sense. However, to spend general revenue dollars on the private drainage or private property drainage was not something this board wanted to do, the four members that are still here. So when I look at 15 percent here, does that correlate to a public right-of-way or public lands issue, or was that not really investigated? MR. BOLDT: It was not thoroughly investigated. There are similar analogies that could be done. We looked at it more based, I guess, like on a precedent, Naples Park and also the Lely area stormwater improvement area. The funding proposal we have recommended to you had around the 15 percent, which would be county at large. If we applied this uniformly over the years, you know, it would even out that everybody would help everybody pay for their new system, 15 percent, and eventually get that same assistance during their projects. COHMISSIONER HANCOCK: That's fine, if that's the way the board wants to approach it. But I don't know whether we should go case by case, I don't know whether we should adopt a 15 percent rule, but whatever we do in this is going to set the stage for everything else. Because Naples Park was not the -- the one we used for Naples Park was Willoughby. But Willoughby was less than what we did for Naples Park, the total percentage. And so we used a different methodology for Naples Park. So I just wanted to point that out that if we're going to continue doing this, let's adopt a policy to accomplish it one way or the other, or let's do it case by case. It's up to the board. But I do want to point out, there's a little -- there's always a difference in how we arrived at that 15 percent at Naples Park, and I would hate for the people in Naples Park to say, well, you know, gee whiz, you gave us -- you didn't give us the same -- you know, the same consideration. If they were paying rights-of-way, it would be six percent. So I'm just -- again, I want us to be consistent from this point forward, whether it's percentage-wise or whether it's -- what the rational nexus is for what our participation is, I don't know the answer, but we need to come up with that as more of these drainage projects hit us. CHAIRPERSON BERRY: Commissioner Constantine? COHMISSIONER CONSTANTINE: I have a couple of different concerns. One is I'm assuming these would go in the order they would be done. In other words, master plan preparation would be done first and so on down the list. My worry is 100 percent of the master plan preparation is paid by county at large, 100 percent of the engineering is paid by the county at large, 100 percent of the contract with A&W is paid by the county at large. Same with engineering. It's not 'til we get to actual construction that there's anything picked up by the property owners. What really gives me pause for concern, though, is when you get down to alternative number two, we are counting on $135,000 in state grants and $130,000 from the City of Naples. I don't know that either one of those have been approved. And I don't -- I don't mind if we go ahead and try to address the drainage issue in there. I don't want to spend a bunch of money on the front end, the 50,000, the 24-6, and then find out after the fact, oh, the city is not going to participate, or gee, we didn't get the state grant or we only got half the state grant, surprise, now we have to make it up. I mean, I can just hear the presentation, well, we've already spent $89,000, we've already spent $110,000. You're just throwing that money away if we don't go ahead and pay for the rest of it ourselves. COHMISSIONER HAC'KIE: Tim, I'll tell you what we've been telling the property owners in that area, is that if we can get that participation by the City of Naples and if we can get state or federal grants, it reduces the amount of the MSTBU payment but does not -- you know, the county at large would not be expected to make up the deficit from a grant from either the city or the state or the feds. That would go into the MSTU pot to be paid for. COMMISSIONER CONSTANTINE: My point being, if we've already spent -- I hate to spend that other money up front not knowing on those, because if -- let's for the worst case scenario say neither one of those come forward, that's $265,000 that -- COMMISSIONER MAC'KIE: That goes into -- COMMISSIONER CONSTANTINE: -- special taxing district probably isn't prepared to make immediately, just because of the size of that commitment. And so then you have that engineering work and prep work that's been done and the money spent, and we don't have the ability -- the taxing district doesn't have the ability to go ahead and do it. So I don't mind doing it. I don't -- if -- we need to figure out what the appropriate percentage is, agreed, but I'd feel more comfortable maybe if we decide to go ahead; if we earmarked that money and then tried to get a commitment out of both of those sources before actually expending any of that money, go to the City of Naples and say will you participate, and either they're going to give us a yes or no or they'll give us some level in between zero and 130. And we'll know that ahead of time. And we'll apply for the state grants and we'll know that ahead of time. Not have any surprises. COMMISSIONER MAC'KIE: Those apply to alternate two, both of those expenditures, you know, that you're concerned about getting the grants. And that's -- and you're appropriate to be concerned about that. Is there anything that would prohibit us from seeking those approvals while we go ahead? What I want to be sure is that we don't interfere with the $24,000 worth of pipe to go under the six lane widening that needs to be done right now or never, and that we don't slow down the process. But since these are both associated with alternate two, it seems like that might be possible. Am I right, Mr. Bolt? MR. BOLDT: That's correct. Of course, the problem with what you're suggesting is they're going to start asking us questions about what are you really planning to do and what are the impacts on it, what's the benefit to the city or the state for this. And without getting involved in the engineering and actually doing some computer modeling and so on, we wouldn't be able to give them that answer. So -- COMMISSIONER CONSTANTINE: Well, then, we don't know ourselves, which means we're kind of taking a leap to say the city and the state will be providing money. I mean, if we don't know the answer to those ourselves, we -- those answers could come back that there isn't a benefit to the city or that it's limited or that it's considerably less than the $130,000 value. So these numbers are just plug numbers. MR. BOLDT: There are -- just preliminary -- COMMISSIONER CONSTANTINE: We don't have the information. MR. BOLDT: -- concept at this point in time. COMMISSIONER CONSTANTINE: I guess maybe that's a catch-22 situation. But I've got an awful tough time committing a bunch of general county funds, assuming that we're going to get 265,000, that we have absolutely no evidence to back up that assumption. COMMISSIONER MAC'KIE: John, how far down under the county at large -- because I understand that's your concern -- under the county at -- and all is your concern, but that in particular. That under -- how much under the county at large column will we spend to find out the answers to the questions that will give us the information necessary to apply for grants from the city and the state and the feds? MR. BOLDT: We're looking at that $199,000 figure, engineering under alternate two. That's actually engineering, planning and permitting. I guess you'd have to get into it at least -- I don't know -- COHMISSIONER HAC'KIE: Halfway? MR. BOLDT: -- a third or halfway into it in order to be able to answer those questions. The rest of it is actual plan preparation. COHMISSIONER HAC'KIE: Because before we go farther, that report would have to come back to the board; am I right? MR. BOLDT: Correct. COHMISSIONER HAC'KIE: You know, we're not authorizing you today, even if we approved your staff recommendation, to spend all of this money today. MR. BOLDT: Absolutely not. COHMISSIONER HAC'KIE: We're just looking at the -- what is the general concept of the program going to be. But before there is a contract for $199,000 or a third of that or a half of that, that will come back to us as well. MR. BOLDT: Correct. We could do this in phases if we wouldn't -- had a contract with a consultant. And phase one -- COHMISSIONER HAC'KIE: And that's a good idea, Commissioner Constantine, to do it in phases so that we -- COHMISSIONER CONSTANTINE: But you're telling me we would have to spend $100,000 to find out whether or not we could justify getting 130 from the city and 135 from the state? COHMISSIONER HAC'KIE: And 323 from the property owners and 635 -- well, no, 65 from the county. Yeah, you have to do the engineer to know what the cost of -- of the plan is. COHMISSIONER CONSTANTINE: What would be the problem if we're not sure what or if the city will benefit, we're not sure how or if the state will benefit, what if the HSTBU paid for those initial costs up front and found out that information and then could turn around -- it's their project in their area, and then if they find that there is a benefit to the city or to the state, that's a logical step then is for them to go and request some assistance. But -- COHMISSIONER HAC'KIE: I appreciate that, but -- COHMISSIONER CONSTANTINE: -- that way the general fund isn't picking up the tab for something that may not prove to be beneficial to anyone but this specific area. COHMISSIONER HAC'KIE: The problem is that this is a proposed HSTBU that would be created if we go forward. It doesn't exist today. There's not one that could fund it. And this -- Mr. Boldt, when we did Naples Park -- just because that's the most recent and the one that I'm familiar with -- who paid for the engineering study for Naples Park? COHMISSIONER HANCOCK: They did 100 percent. The original engineering study was paid for by the residents of Naples Park. Not the one that we've used, but they paid the original engineering study 100 percent. MR. BOLDT: Yeah, there was -- COHMISSIONER CONSTANTINE: To justify the need. MR. BOLDT: On 139 was used to fund the preliminary study. When we got into the engineering design, the county -- the county fronted those monies, but it was their contribution towards the 15 percent, which is the same thing we're doing in the Lely area now. We spent in that area, you know, 4 or $500,000 up front, which will eventually be credited to the county as their portion of the 15 percent. That's the way it goes. COHMISSIONER HAC'KIE: So this would be credited toward the county as a part of the 15 percent, and we'd be doing just what we're already doing in Lely, guys. COHMISSIONER CONSTANTINE: Well, that would be true if -- I mean, you're using the numbers from the city and the state as -- to come up with that 15 percent number, and we can't justify those city or state numbers yet. If there's -- COHMISSIONER HAC'KIE: Let's move those two into the HSTU column. COHMISSIONER CONSTANTINE: If there's $265,000 there -- COHMISSIONER HAC'KIE: Hove that today into the HSTU column. And if we can get grants, then we will, and if we can't, we won't. But just move that -- you know, put that into the neighborhood's tax burden today, and -- COHMISSIONER CONSTANTINE: How high would the tax be, for how long, in order to pay that off? COHMISSIONER HAC'KIE: That's what we'll have to find out, and that's why we're going to try very hard to get the state and federal and local grants. COHMISSIONER CONSTANTINE: Well, I know that's what we're going to try, but I think that's an important answer. I mean, if that's not a realistic number, I don't want to just sweep those numbers over into that column so we can move ahead and spend 100,000 up front. I don't want to create a fiscally irresponsible situation. And if we move -- so you now have six or $700,000 in the property owners' column, and we do the math -- and I don't know the answer, and apparently neither do you -- that $700,000 comes out to some outrageous fund per property there and they can't nor will possibly ever pay it, and you're telling me there is no HSTBU and normally we let that area decide whether or not they'll have that. And if that number is so high that it's unrealistic they will not support that, then we don't have an HSTBU and we don't have state grants and we don't have money from the City of Naples, yet we've spent money. And hopefully, that's not the way it turns out, but that's a possibility. And I would hate to go and spend 100,000 bucks or more and have no other sources of revenue. I can't just say well, maybe the HST will pay for that. We gotta have some specific answers here in order to move forward, in my opinion. MR. BOLDT: Perhaps what we need to do then is to go ahead and set into motion creating the HSTBU, the taxing district or assessment district, which if you were to do it this year, you wouldn't collect it until the fall of '99. COHMISSIONER CONSTANTINE: But at least we'd have the mathematics MR. BOLDT: Yes. COHMISSIONER CONSTANTINE: -- of okay, it's a $700 picture, how much does that come out to per property owner, which apparently nobody can tell me today. MR. BOLDT: If you were to move ahead, then you could go borrow against that and anticipate a revenue -- COHMISSIONER CONSTANTINE: And if that's a reasonable amount of money per property, then I'm comfortable moving ahead with that. But if that is some outrageous number, I don't want to have already moved ahead and started an unrealistic scenario. COHMISSIONER HAC'KIE: There's already a lot of discussion and plans for the creation of that HSTU, so starting that today is a great idea. CHAIRPERSON BERRY: Commissioner Hancock? COHMISSIONER HANCOCK: Two points. One is there's something that occurred in both Naples Park and East Naples that hasn't occurred here, and that is some form of a vote. In Naples Park we took a straw ballot. Every single property owner received a ballot and had the ability to either mail it back or to take a vote. And we got a majority of those who responded saying they wanted something done and were willing to pay for something. Now, that something was a variable, but we had at least an estimate out there for them to consider. It was going to be at that point $500 per property owner, and it didn't end up being much more than that. In East Naples we had a vote, and we got almost half the people that voted saying they were willing to be a part of an HSTBU to pay for something. So -- and that was based on some rough numbers that they had. So that's the one thing that isn't -- that hasn't happened here, and I think that would satisfy Commissioner Constantine's concern about what is the number these businesses are going to have to deal with, and are they willing balipark to fund it at that level? So that's -- I think that's one difference here that we're talking about, a potential HSTU, and I don't think the property owners know what the potential costs of that are. I know we're very early in the process. I think there's some things we can do today that will help us get there, help us get that information, and we need -- and that's a respons -- you know, a responsible thing to do. COHMISSIONER HAC'KIE: But they're -- COHMISSIONER HANCOCK: I saw -- if I may. COHMISSIONER HAC'KIE: Uh-huh. COHMISSIONER HANCOCK: I saw what drainage did to Naples Park. First is put the community -- when it was all done I received one phone call of someone who said this was not a good idea, or that I -- you know, after the assessments went out I got one phone call, because the project really made a difference. And I think in this triangle we're talking about the exact same impact. It will be difficult to get there. People will be upset about it. They will be angry about the money. But in the end they will see the benefit. That's what I'm hoping. But in order to get there, if we're going to follow the Naples Park motto -- when we talk about 15 percent, John, I just ran the numbers, that 15 percent is based on the total project cost, not on phases I and II. The county's portion of phases I and II is 39 percent. MR. BOLDT: Oh, okay, I see what you're saying. COHMISSIONER HANCOCK: The property owner is only paying 33 percent of phases I and II. With phase III being a major construction project on the horizon requiring almost $800,000 in grant funds for a total project cost of, you know -- COHMISSIONER HAC'KIE: Two and a half million dollars. COHMISSIONER HANCOCK: -- of two and a half million dollars, you know, I hope we get it, but I think that's very aggressive. My concern is that if we're realistically looking at alternates one and two, the general fund's share of that is too high. It's 39 percent of the total project cost of one and two, and we would have to get the state grants for $800,000 and get the property owners to fund another $800,000 for three to ever occur. COMMISSIONER MAC'KIE: But Tim, that 39 percent is partially a loan that would be credited back, so that the net effect of the entire project would be 15 percent. Just like we fronted money for Naples Park, there will be -- on a time line, there's a period in time when it's 39, just like at Naples Park, there was a period of time when it was much, much more than 15. COMMISSIONER HANCOCK: But actually it's not. None of that will be credited back. Once we spend $385,000 -- I'm serious, look at the numbers. COMMISSIONER MAC'KIE: Okay. COMMISSIONER HANCOCK: Once we spend $385,000, the only dollars left to be collected and expended are grants and MSTU funds. No money -- the total cost, if we do all three that the county puts in, is $385,000. We spend that at the end of alternate two. So there is no credit, there is no money coming back. Once we spend the 385, that's our 15 percent of all three alternates. COMMISSIONER MAC'KIE: John, how did -- when you and I discussed it, it was this business that it was the same as fronting money for Naples Park and that the -- that it was a credit toward the 15 percent. Am I -- does it work that way? MR. BOLDT: It does. What I did, I took a look at the total values, like Commissioner Hancock done, took the 15 percent, and then ran that down the column. When the funds were all expended, which was on alternate number two, that's where I quit. I didn't prorate it all the way down for each of the alternatives, which could be done very easily. COMMISSIONER HANCOCK: John's correct. But my point is, every dollar of ours is front loaded with a third alternate that is in my opinion very iffy relying on $800,000 of state grants. You see where I'm going, Pam? It's not -- COMMISSIONER CONSTANTINE: It doesn't happen we end up with 40 percent of the money. COMMISSIONER HANCOCK: If that doesn't happen, we've paid 40 percent of the project. So I think if we're going to pay 15 percent of the total project, then let's pay 15 percent by stages. We know we can make alternates one and two happen in partnership with the property owners. So let's pay 15 percent of the total costs of alternates one and two. Should alternate three become a reality, then let's pay 15 percent of that. COMMISSIONER MAC'KIE: That's perfectly acceptable to me. COMMISSIONER HANCOCK: Okay. COMMISSIONER MAC'KIE: That's good. COMMISSIONER HANCOCK: That's what I'm looking for. MR. BOLDT: This is very conceptual, very preliminary. We'll bring it back next month when you consider it during the budget process, I can have this reworked with these suggestions. COMMISSIONER MAC'KIE: Because alternate three is extremely aggressive. You know, it may -- I wish that there would be a way to solve the flooding problems in that triangle without doing something so aggressive, because it's -- you know, the numbers here don't even include land -- COMMISSIONER HANCOCK: Naples Park -- COMMISSIONER MAC'KIE: -- acquisition. COMMISSIONER HANCOCK: -- was considered aggressive, too. COMMISSIONER MAC'KIE: Yeah. But if we just don't slow down the process on alternates one and two, that's a reasonable approach. COMMISSIONER HANCOCK: We're going to have to form the MSTU to make up some of those costs -- COMMISSIONER MAC'KIE: Of course. COMMISSIONER HANCOCK: -- to cover alternates one and two if we're not going to pay the full ticket. COMMISSIONER MAC'KIE: Understood. COMMISSIONER NORRIS: There's no question about it. But let's don't lose sight of the fact that we need to get those drains coordinated with the road project now. MR. BOLDT: Yes. That is ongoing. That is ongoing. COMMISSIONER NORRIS: I want to make sure that we're not going to delay any action to the point where we miss that opportunity. MR. BOLDT: In fact, if Marie's still available, she and I are going to go out in the field yet this afternoon and triple check that. We've got the proposal, they're doing the work. We want to make double sure. We're going to move ahead. CHAIRPERSON BERRY: Commissioner Constantine? COMMISSIONER CONSTANTINE: Well, the other difference, when we talk about what's appropriate with 15 percent or others, the only difference I see is that what percentage of this property in the triangle is on residential, what is zoned commercial or some other nonresidential use? Because when I look at the Lely area, that is almost exclusively residential. When I look at Naples Park, that is almost exclusively residential. I just don't want to get into a corporate welfare situation here where we've got 80 percent or something of this property -- maybe you know what the percentages are, Pam -- is business. Well, maybe business ought to pick up more of the tab than what homeowners do generally. COMMISSIONER MAC'KIE: It'd be a surprise to you to find out how -- it was to me, anyway, to find out how much of the triangle is in fact residential. I don't know the percentages. I'll tell you, though, that the way that that avoids corporate welfare is that the assessment -- the property assessed value on the corporate is -- sorry, on the commercially zoned property is so significantly higher. COMMISSIONER HANCOCK: So you're going to go by millage in the MSTU and not by assessment methodology like we did in Naples Park? COMMISSIONER MAC'KIE: Well, to be determined. COMMISSIONER HANCOCK: Okay. The millage would answer that concern because -- COMMISSIONER MAC'KIE: Big time. COMMISSIONER HANCOCK: -- the per acre valuation is much higher. COMMISSIONER CONSTANTINE: Well -- COMMISSIONER MAC'KIE: But because of the way the triangle's drainage works, it's more likely, I think, that we'll end up with assessment -- I'm sorry, with ad valorem tax based assessments instead of any sort of a frontage assessment. And that will take care of that. COMMISSIONER CONSTANTINE: I appreciate the alteration. If we're going to go forward, I appreciate doing just 15 percent on each phase, because I think that's more appropriate. But again, we don't know -- at this point, we do not know the cost per property owner, what they can expect to pay. COMMISSIONER MAC'KIE: That's right. COHHISSIONER CONSTANTINE: We don't know if the city will or should participate, we don't know if state grants are appropriate or will be granted, and we don't know the Sand Belt (phonetic) federal grant. So I'm real squeamish about committing money to be spent without knowing how -- what -- those three things make up a substantial percentage of the project. I realize the federal is just in alternate three, but alternate two, in order to make this thing -- in order to make the expenditures in alternate -- in the first phases here worthwhile, we need to get through alternate two. And it will be a waste of money if we do the early expenditures and don't get to alternate two. And we don't know if the city or the state will participate. And you've said well, we can put that in the HSTU. We don't have the HSTU and we don't know what the impact per property owner is. It seems like those questions all need to be answered before we go ahead and spend one dime. We ought to have an idea on how much it's going to impact general funds, how much it's going to impact the taxpayers, whether or not there's going to be HSTBU. Like you said, there should -- we should have some feel for all the groups that are in there; okay, do you want this, do you not -- COHMISSIONER HAC'KIE: Can I just -- COHMISSIONER CONSTANTINE: If it comes back that only -- COHMISSIONER HAC'KIE: -- comment on that one point, too? COHMISSIONER CONSTANTINE: -- twenty percent do, then -- COHMISSIONER HAC'KIE: Because I almost interrupted Commissioner Hancock on that point and now I have interrupted you, so I apologize to both of you. COHMISSIONER HANCOCK: It was actually my interruption, it just came late. COHMISSIONER HAC'KIE: Yeah -- it was his. The comment I wanted to make about that is that there are many ways to test public sentiment, and certainly the cleanest, most straightforward way is what they did in Lely and what they did in Naples Park with a ballot. I would urge you to look into the level of participation that we've had from the property owners in all of the Gateway discussions. We've packed this room more than once, more than twice, with people who are residential more than commercial, but definitely both, and had a great deal of interest. I mean, I cannot express to you the level of their interest in doing something about the flooding problems in the Triangle and their willingness to pay. COHMISSIONER CONSTANTINE: I have no -- COHMISSIONER HAC'KIE: They understand that. COHMISSIONER CONSTANTINE: I have no doubt there's interest, but I can't tell them, you can't tell them, Mr. Boldt can't tell them how much it's going to cost per household. And like Commissioner Norris' old statement, you want free ice cream? Oh, by the way, today's flavor is tuna fish and it's $27 a cone. Do you want to fix your flooding? Of course I do. Oh, by the way, it's going to cost "X" number of dollars. We need -- COHMISSIONER HAC'KIE: But we've done more than that, Tim. COHMISSIONER CONSTANTINE: -- to be able to do more than that. COHMISSIONER HAC'KIE: We've done a lot more than that. We haven't given -- and we can't give 'em the exact answer to your question unless we spend some money to find out what -- COHMISSIONER CONSTANTINE: You can't even give me a balipark, that's my concern. We ought to have an idea, okay, you can guesstimate -- I mean, when we've done different projects on either beautification or drainage or other things, we will do balipark estimates; we know it's going to be roughly 15 bucks per household or -- we have some idea, and it will come back. But to just say well, we don't know -- COMMISSIONER MAC'KIE: No. COMMISSIONER CONSTANTINE: -- that scares me. COMMISSIONER MAC'KIE: There's more information out there than that. COMMISSIONER CONSTANTINE: We ought to have some answers. And no one today has offered it. MR. BOLDT: No. Nor did we intend to have it available. Quite honestly, we want to do that more next month when we come back in the budget process, and it's obvious, I need to give more thought to this table, make some corrections, try to come up with better estimates for you to give you the level of comfort. I would like to have you today, though, authorize us to go ahead with items, I guess basically one to four, which is upgrade of the 41 system and to proceed with that small storm drainage extension that's going to deal with the immediate problem we have with those properties flooding on Davis Boulevard. And then we'll give more work on item five and so on. COMMISSIONER HANCOCK: Obviously we have a time constraint here CHAIRPERSON BERRY: Yes, we do. COMMISSIONER HANCOCK: -- for the next item. In the interest of moving in a direction -- COMMISSIONER MAC'KIE: Well, the direction Mr. Boldt just suggested was items one through four that I think addresses -- is very conservative in not doing anything other than immediately the pipes under 41 and immediately this 40 to 60 thousand dollar expenditure for an urgent problem. And that the rest of it he would bring back. COMMISSIONER HANCOCK: And that's all a part eventually of the total project costs? MR. BOLDT: Yes, sir, it would be. COMMISSIONER MAC'KIE: So that's a motion to do items one through four. COMMISSIONER CONSTANTINE: And the source for those funds would be? MR. BOLDT: By capital fund 325 -- COMMISSIONER CONSTANTINE: Which is paid for -- MR. BOLDT: -- which I have enough reserves to handle this. COMMISSIONER CONSTANTINE: Which is paid for by? MR. BOLDT: General fund taxpayers at large. COMMISSIONER HANCOCK: The items that he's identified are ones we've discussed in the past on the U.S. 41 widening coordination. I completely understand your hesitancy as kind of approving a part of a greater whole when we don't know really what the whole is. I appreciate that. But I think I had intended on moving ahead with the pipes under 41, period. The fact that it now becomes part of a greater whole that we hopefully will, you know, help limit our total expenditures there, I can support. I'd like also to add to that motion, if I may, direction to return with a cost feasible plan, adjusting the numbers so that the county's role of 15 percent is commensurate by grouping alternates one and two together, and by alternate number three standing alone, that we'll pay 15 percent of them, but we can group one and two, in order to make things happen a little bit better. But along with that, we have to understand what the fiscal impact is to the community there, and have some feel as to whether or not the community will support it. COHMISSIONER CONSTANTINE: Yeah, and when we have those numbers back can we plan to do some straw balloting? Because you're not going to be able to have the HST -- why would you roll your eyes at that, Commissioner Hac'Kie? COHMISSIONER HAC'KIE: I wasn't rolling my eyes. I was saying that I have some hesitation about that. Because, frankly, I'll tell you real plainly, I'm willing to take the political hit for this. If it's unpopular, I'm willing to take that political hit. It's my district. You know, they can't vote to put you out of office, they can vote to put me out of office. I'm convinced that it's the right thing to do and I'm convinced that the support is there. I don't mind any kind of balloting, as long as it doesn't slow down the process. COHMISSIONER CONSTANTINE: Well, what Mr. Boldt has said and what you've said is that you'll -- you're willing to slide all those things over into the HSTBU. We can't have that collecting until October 1 of '99 anyway, so we have until December 31 of this year to vote to approve that. And if we're going to anyway, then we ought to go ahead and make sure there really is support. I don't understand -- if you're confident there's support in that area, I don't understand why there'd be any objection to doing that. Once we have the information Mr. Boldt has promised to bring back next month, we ought to do the exact same thing we've done in every other area, and that is have a formal go-round to find out how much support is there and not just say -- COHMISSIONER HAC'KIE: If it doesn't slow down the process. COHMISSIONER HANCOCK: I think it can be done. We did it in Naples Park with the first class mailing. And so the point is, we understand it's your district, Commissioner Hac'Kie, but all other cases, at least the balance of the board had a gauge as to whether or not the elements of that community were supportive. And even in Commissioner Norris' case it wasn't 80 percent, but it was enough. It was enough to say look, this is not only a need but there is substantial support out there. So if you'll think about what is the best vehicle and talk to Mr. Boldt about that, maybe there's an easy one out there that doesn't slow things down, but I think Commissioner Constantine's request is reasonable to at least have a feel for that. COHMISSIONER HAC'KIE: I'll try to get you some -- I will give some thought to that. I'd like for it not to be a part of the motion. COHMISSIONER CONSTANTINE: It will -- I don't understand how it can possibly slow it down. If part of this process is to create the HSTBU, it doesn't matter whether we do that today or whatever the last Tuesday of 1998 is, you're not going to be able to collect until October 1 of 1999. COHMISSIONER HAC'KIE: That's right. COHMISSIONER CONSTANTINE: So if it makes no difference at what point we approve that, then it only seems logical we would let those residents and property owners have a voice, yeah, we want it, no, we don't, and give that gauge to us to make our decision from. I can't possibly understand why you wouldn't want the public to be able to have their say in this process. It is not going to slow it down one iota. COHMISSIONER HAC'KIE: Then what I have said is if it's not going to slow it down one iota, it's a great idea. If it is going to slow it down, it's unnecessary. COMHISSIONER CONSTANTINE: Can anyone in the room offer me any explanation on how it would slow it down one minute? COMHISSIONER HANCOCK: My request for amending the motion included you talking with Mr. Boldt and determining some type of public gauge out there so that we understand what the public sentiment is on this project. That's the extent of the inclusion in my motion. I think you've heard what Commissioner Constantine is looking for. I disagree -- I agree that I'd like to have something in my hand other than you saying I'll take the political hit. I admire that. But in the past we've wanted something there so that -- because we're elected county-wide, not just district, so -- COHHISSIONER HAC'KIE: Of course. COHMISSIONER HANCOCK: -- you know, elected to serve county-wide, so we want to serve those residents as much as you do. COMMISSIONER NORRIS: got a motion? COMMISSIONER HANCOCK: COMMISSIONER MAC'KIE: COMMISSIONER HANCOCK: COMMISSIONER MAC'KIE: Whose motion are we discussing here? Who's Commissioner Mac'Kie made a motion -- I do. -- to adopt -- To approve items one through four. And Commissioner Hancock has asked that we add to the motion, and I accept this, that Mr. Boldt give us the math to support 15 percent -- that the county's expenditure's limited to 15 percent in alternates one and two, and that was separately evaluate alternate three. And now you've also asked that we investigate some method of gauging public support for the MSTU and the cost associated with, and I accept all those amendments. COMMISSIONER HANCOCK: Then I'll second the motion. CHAIRPERSON BERRY: Okay, we have a motion and a second, but we also have a public speaker. COMMISSIONER MAC'KIE: Good. MR. FERNANDEZ: Public speaker we have is Ronald Fowle. MR. FOWLE: I'm not going to really to waste -- Ronald Fowle, Naples Car Wash. I'm not going to really waste your time, being that you -- sounds like you will approve one through four for the expenditures. I think number one, with the drain pipes to that 41 system is going to get the biggest bang for your buck. I have pictures here of five foot of water in the front of my place on three separate occasions, taking 24 hours to drain off. From the viewpoint of the redevelopment of the Triangle, I think it's tantamount that this process go through. I don't think you'll see any redevelopment in the triangle unless the water is gotten rid of. There's no investor who's going to come in there and have two foot of water in his house. I saw it on Davis Boulevard the day we had the 500-year storm. There was 16, 18 inches of water running down Davis Boulevard. It was running into all the stores on the south side. And Kings Lake was flooded, everything was flooded. I don't know if you can make a system that would handle that. I'm not looking for that. But I -- we certainly should have a system that will handle a 10-year storm, and it's just going to be a win/win situation. As a businessman, I know I will have to pay tax on it. I'll accept that. I'm sure you'll have some resistance with some of the homeowners, particularly the people who rent. They're looking at their bottom line, and if they get taxed more, they're not going to want it. And personally, they don't really give a heck about the people who live in those small houses anyhow. It's just dollars to them. So I hope you'll go ahead with this, and I know it's going to take a lot of work. Thank you for your time. CHAIRPERSON BERRY: Thank you. MR. FERNANDEZ: No other speakers. CHAIRPERSON BERRY: No other speakers? Okay. We have a motion and a second, and I'll call for the question. All in favor? Aye. COMMISSIONER MAC'KIE: Aye. COMMISSIONER NORRIS: Aye. COMMISSIONER HANCOCK: Aye. CHAIRPERSON BERRY: Opposed? COMMISSIONER CONSTANTINE: Aye. CHAIRPERSON BERRY: Motion carries four-one. COMMISSIONER NORRIS: Let's get old -- get Mr. Guggenheim -- CHAIRPERSON BERRY: Yes, we need to get Mr. Guggenheim -- COMMISSIONER NORRIS: Let's get him out of here. CHAIRPERSON BERRY: -- up here quickly. Item #10A BCC TO FORWARD LETTER TO GOVERNOR CHILES URGING OPPOSITION TO HOUSE BILLS 4141 AND 4071 REGARDING EVERGLADES LEGISLATION The next item on the agenda is -- we're going to move to item 10(A), the Everglades legislation, for lack of a better terminology, I guess. COMMISSIONER NORRIS: The Saunders sugar bill? COMMISSIONER CONSTANTINE: Is there any backup that goes with this? COMMISSIONER MAC'KIE: I passed down -- CHAIRPERSON BERRY: There was a -- COMMISSIONER MAC'KIE: -- the Conservancy's position paper. CHAIRPERSON BERRY: -- a thing -- a paper that you should have received. MR. GUGGENHEIM: Good morning. CHAIRPERSON BERRY: Good morning. COMMISSIONER MAC'KIE: Bob, can you make that stop? Thank you. MR. GUGGENHEIM: I want to thank you very much for hearing this item. CHAIRPERSON BERRY: Name? MR. GUGGENHEIM: For the record, David Guggenheim, president and CEO of the Conservancy of Southwest Florida. Thank you. I want to thank you for hearing this item and accommodating my schedule. I'm going to be on the radio in a few minutes to talk about this issue. Two bills await Governor Chiles' signature. House bill 4141, the restudy bill, sponsored by Butt Saunders, and house bill 4071. Both of these bills are very harmful to the historic effort to restore the Everglades and the related systems of South Florida. They threaten to slow the process and increase the cost of the process to the taxpayers. I would like to respectfully ask the commissioners to consider sending a letter to Governor Chiles, urging him to veto both of these bills. The deadline expires May 28th. Last week the Broward County Commission sent such a letter. As we better understand these bills and their consequences, therews a growing wave of opposition to both of them. In a letter last Thursday by seven members of Congress, including Porter Goss, Clay Shaw, Peter Deutsch, Stan Miller and others, they state, "We believe that the restudy bill will impede efforts to restore Floridaws Everglades, and may directly result in a diminution of federal funding for the Everglades." A letter sent last Friday to Governor Chiles by Attorney General Bob Butterworth and two other members of the cabinet states, "Individually these bills represent an effective assault on the intent behind the Everglades Forever Act. Together they would undermine years of dedication and hard work by countless Floridians and your administration." Lieutenant Governor Mackay has also come out against these bills and urged a veto. And editorials opposing both bills have appeared in the New York Times, the Naples Daily News, the Miami Herald, the Tampa Bay Tribune, the Sun Sentinel, Palm Beach Coast and most recently in the Orlando Sentinel. COMMISSIONER MACwKIE: What I suggest, Mr. Guggenheim, is that you stop with saying that Congressman Porter Goss has urged the veto and stop telling them about Buddy Mackay and those things. COMMISSIONER HANCOCK: Pretty much the Goss statement is all we really needed to hear. MR. GUGGENHEIM: I wonwt mention governorws commission today. COMMISSIONER MACwKIE: No, please donwt say the S word. COMMISSIONER HANCOCK: Read your audience. MR. GUGGENHEIM: Why are these bills so problematic? House bill 4141, the restudy bill, was written by and for the sugar industry, sponsored by Butt Saunders. It puts forth a seemingly benign goal of getting the legislature involved with spending billions of dollars of the statews money on restoration. The problem is that this is an unnecessary impediment. This is putting the legislature in a micromanagement position and at best would slow the process down. It is an end run around the federal/state partnership, agreed to with the Everglades Forever Act. One of the signatories on the Everglades Forever Act was big sugar. With the legislature involved in every project cooperative agreement -- COMMISSIONER NORRIS: Mr. Guggenheim? MR. GUGGENHEIM: Yes. COMMISSIONER NORRIS: Would it upset you if I made a motion that the Board of County Commissioners forward a strongly worded letter to the Governor, requesting that he veto these two bills and suggesting that we sign as individual commissioners and not simply as the chairman? MR. GUGGENHEIM: To add weight to that? I think it would. I second. COMMISSIONER CONSTANTINE: That would upset you? MR. GUGGENHEIM: That would certainly not upset me. COMMISSIONER NORRIS: That would not upset you. COMMISSIONER MAC'KIE: Second. COMMISSIONER NORRIS: In that case, I'll make that motion. COMMISSIONER CONSTANTINE: Just out of curiosity, does anybody know where Representative Saunders stands on the issue this week? MR. GUGGENHEIM: I spoke with him this morning, and he indicated that a position was forthcoming. Of course, we urged him to oppose his own bill, to recommend it be vetoed, but we haven't heard anything yet. COMMISSIONER HANCOCK: Did I hear someone call this the Saunders sugar bill? COMMISSIONER NORRIS: Yeah. COMMISSIONER CONSTANTINE: Yeah, I think so. CHAIRPERSON BERRY: Okay. We have a motion and a second, I believe. Do we have any -- I doubt we have any speakers on this item. MR. FERNANDEZ: No, we have no speakers. CHAIRPERSON BERRY: Okay, I'll call for the question. All in favor? Opposed? (No response.) CHAIRPERSON BERRY: Motion carries five-zero. COMMISSIONER NORRIS: I want to thank -- MR. GUGGENHEIM: Thank you very much. COMMISSIONER NORRIS: -- Mr. Guggenheim for coming up here -- CHAIRPERSON BERRY: Absolutely. COMMISSIONER NORRIS: -- and also for all the research that your organization has done to look into what the unintended effects of this bill could be. MR. GUGGENHEIM: Thank you very, very much. COMMISSIONER NORRIS: Or perhaps they were intended. CHAIRPERSON BERRY: Thank you. COMMISSIONER HANCOCK: There's a very local effect to this. We worked so hard to finally get this state to step up on the South Golden Gate Estates. And all we said was look, if you're going to buy it, do it quickly and do it fairly, you know. And this bill would have the effect of taking all the work we did for the South Golden Gate Estates folks and just unraveling it, making it go through the legislature. And, you know, that just -- I can't support that. CHAIRPERSON BERRY: And those people have hung out there how many years in limbo? COMMISSIONER HANCOCK: They've been hung out there by the state. I don't want the state, you know, intervening again. CHAIRPERSON BERRY: Absolutely. Absolutely. Okay, let's go back to our -- COMMISSIONER NORRIS: Break time. COMMISSIONER CONSTANTINE: Oh, we're done in like ten minutes. CHAIRPERSON BERRY: Yes, it is time for a break. COMMISSIONER CONSTANTINE: We're done in ten minutes. COMMISSIONER NORRIS: We're done in ten minutes. CHAIRPERSON BERRY: I think we need to give our court reporter a bit of a break here. COMMISSIONER MAC'KIE: Yes, ma'am. CHAIRPERSON BERRY: We'll take a break for about seven minutes. COMMISSIONER NORRIS: Seven minutes. CHAIRPERSON BERRY: Seven minutes. (A recess was taken.) Item #883 AMENDHENT TO SERCTION 4 OF THE CONSTRUCTION AGREEHENT FOR CONTRACT NO. 97-2771, REMOVAL OF NON-SPECIFICATION MATERIAL FROM THE NAPLES BEACH AND AUTHORIZE SUSPENSION OF THE CONTRACT TIME UNTIL THE END OF THE SEA TURTLE NESTING SEASON - APPROVED CHAIRPERSON BERRY: We'll reconvene the meeting, starting with item 8(B)(3) to approve an amendment of section four of the construction agreement for contract number 97-2771, which is the removal of the nonspecification material, commonly referred to as rocks, from the Naples Beach, and authorize suspension of the contract time until the end of the sea turtle nesting season, which I believe is in the fall. COHMISSIONER NORRIS: Motion to approve. CHAIRPERSON BERRY: Okay. COMMISSIONER MAC'KIE: Second. CHAIRPERSON BERRY: We have a motion and a second. COMMISSIONER MAC'KIE: Does anybody want to -- I've gotten one privately, but does anybody want to hear a report of how far we got before the turtles -- COMMISSIONER HANCOCK: It's just a block short of where we intended it to be, wasn't it? COMMISSIONER MAC'KIE: Ballpark. MR. ILSCHNER: Madam Chairman. CHAIRPERSON BERRY: Please. MR. ILSCHNER: For the record, Ed Ilschner, public works administrator. The contractor has completed the original contract amount of $99,000 -- in fact, in excess of that -- and basically completed the first phase, or the original contract, if you want to refer to it that way. The remaining work that remains to be done is the amount that we have added -- CHAIRPERSON BERRY: Okay. MR. ILSCHNER: -- which equates to about $350,000. COMMISSIONER MAC'KIE: So none of the $350,000 -- MR. ILSCHNER: A portion of it. COMMISSIONER MAC'KIE: Thank you. MR. ILSCHNER: About 20,000 to 30,000 has. COMMISSIONER MAC'KIE: So for all that screaming and jumping around to try to get this moved faster, all we really got done was an additional $20,000 worth of work? MR. ILSCHNER: Yes, we -- there was a limit of what you could do, and what amount of equipment you could get on the beach, and the work you could get accomplished by simply the number of trucks you could move off the beach and on the beach. COMMISSIONER MAC'KIE: And how many trucks of nonspecification material did we remove from the beach? MR. ILSCHNER: I'm going to give you an approximation. Approximately five out of six trucks involved material that would have met the specification as specified in the Coastal Engineering contract. COMMISSIONER MAC'KIE: But the total number of trucks of rock that was removed from the beach? MR. ILSCHNER: We're in the neighborhood of 600 trucks, I think. COMMISSIONER MAC'KIE: I just wanted you to -- I thought that was an incredible number. COMMISSIONER HANCOCK: The -- of the total linear feet of the project -- CHAIRPERSON BERRY: Six hundred trucks of material? COMMISSIONER MAC'KIE: Six hundred trucks of rock had been hauled off the beach, and we're only -- we're less than halfway through. MR. ILSCHNER: Yes. COMMISSIONER HANCOCK: Of the total linear footage that we approved to move out and do, what percentage of that did we accomplish? Because I'm trying to put this in -- I know the dollar amount is less, but it sounds like we got a lot more done for the money than we expected. Is that the case? COMMISSIONER MAC'KIE: No, there was -- MR. ILSCHNER: No. COMMISSIONER MAC'KIE: -- just more rock than we thought. COMMISSIONER HANCOCK: Okay. MR. ILSCHNER: I think -- I think we have accomplished -- if we look at the original contract, we accomplished exactly what we set out to do in that original contract. We have gone beyond that by about an additional 10 percent of work to be performed, and of course there was some rock involvement in that. But you have to also go back and look at the original specification as we compare that. COMMISSIONER HANCOCK: Where is all this rock going? MR. ILSCHNER: It's being hauled off by Mr. Cadenhead to a stockpile area. COMMISSIONER HANCOCK: Being sold for developments to use around the -- MR. ILSCHNER: Could be. I don't know what he would be using the rock for. COMMISSIONER HANCOCK: Riprap, probably, but -- MR. FERNANDEZ: Madam Chairman? CHAIRPERSON BERRY: Yes. MR. FERNANDEZ: I still think we don't have an answer to the question. And if I may, Mr. Ilschner, the total amount of linear feet of the expanded project, of that total, how much did we accomplish? MR. ILSCHNER: Only about ten percent of that expanded total. COMMISSIONER MAC'KIE: You're just shocked by the answer. That's the answer. MR. FERNANDEZ: Okay. COMMISSIONER HANCOCK: Yeah, the report I'd got back from someone on the beach committee was very different than that, that's why I'm surprised. MR. ILSCHNER: Let me make sure I understand the question. The original contract specified "X" amount of lineal feet. We did accomplish that. COMMISSIONER MAC'KIE: A hundred percent of that. MR. ILSCHNER: Yes. COMMISSIONER HANCOCK: Right. COMMISSIONER MAC'KIE: But the 350,000 -- MR. ILSCHNER: I'm certain that additional -- ten percent, roughly, of the additional. CHAIRPERSON BERRY: And then the turtles decided to lay eggs. MR. ILSCHNER: Yes. COMMISSIONER CONSTANTINE: And really the time frame -- I think to keep this in perspective, it's too bad we didn't do more, but the time frame was pretty limited. We only had a couple weeks' time in which to do that expanded portion. MR. ILSCHNER: That's correct. COHHISSIONER HAC'KIE: Well, I wish we had started sooner. That's the bottom line. You know, as we go back -- well, 20/20 hindsight, but I wish we had started sooner, as I'm sure everybody does. I had one other substantive question and that was just like we monitored the beginning of the nesting season and got an extra two weeks out of the state, is it something worth pursuing to monitor the end of the season to see if we could start earlier? How long will it take once we start on the 90 percent of the three hundred fifty thousand dollar project, how long will it take to complete that? MR. ILSCHNER: We feel like he will be in a position to resume work November 1st of this year -- COHMISSIONER HAC'KIE: Can we monitor to -- MR. ILSCHNER: -- and we will monitor to determine if we can begin earlier than that. Season usually I think tapers down -- COHMISSIONER HAC'KIE: Right. MR. ILSCHNER: -- and hatching occurs in the October time frame. And if we could monitor and get clearance prior to that, our worst case scenario is November 1, around that time frame. COHMISSIONER HAC'KIE: And the amount of time to complete the job is? MR. ILSCHNER: We feel like it will be a comparable amount of time. He'll be finished probably by the early spring, February time frame, without fail. COHMISSIONER HAC'KIE: So in other words, you know, we're going to go through the next season removing rock from the beach. That's why if we could get an extra two weeks or a month off -- MR. ILSCHNER: Yes. COHMISSIONER HAC'KIE: -- you know, to start earlier, that's very meaningful in the height of our tourist season. MR. ILSCHNER: You have to anticipate weather delays and things of that nature. COHMISSIONER CONSTANTINE: Again, as frustrating as that is, I think it's important to keep this in perspective: Miles and miles and miles of beaches are in great shape. COHMISSIONER HAC'KIE: Are beautiful. COHMISSIONER CONSTANTINE: We're far, far better than we were before we did the renourishment project. And we have this tiny percentage that we need to complete. And it certainly will be inconvenient for those weeks that that takes in the fall in that area, but I don't want anybody to be under the impression that we have miles of beaches that we have to clean up and work on, because -- COHMISSIONER HAC'KIE: No, we have blocks. COHMISSIONER CONSTANTINE: -- the vast majority of this project is and was done correctly, and it's too bad this part wasn't. But we certainly appreciate Commissioner Hancock bringing it forward and getting that done. MR. ILSCHNER: Commissioner, we did our emphasis on the area where we felt we had the greatest involvement of nonspecified material. COHMISSIONER HANCOCK: I think unlike -- it's kind of like how do you know the foundation under your house is bad? Well, you do when it sinks. On this problem it took a while to uncover the fact that there were rocks in areas we didn't expect them it be. And I started this -- it was about midway through my year as chairman when we -- when I began sitting down with Mr. Ilschner and a concerned citizen and we -- so there really wasn't a great lapse there. Sure, I think if we had known about the problem earlier, we would have done something, but I think the key is that for well over a year now, we've been focusing on this and applying the necessary funds, and I think, you know, yeah, our hindsight is always better than our foresight, but there wasn't that much of a lag. I really -- I'd hate for that to be the mind-set out there, because I don't feel it was true. As soon as it was brought to my attention, our staff got on it. But there were a lot of people involved. You got consultants and contractors, and everybody and their mother had an interest. So it was a complicated process, but the important thing is that we did the appropriate thing in deciding to resolve the matter fully as quickly as possible and that that will be done as soon as possible. I think that's -- that's what I'd like to leave with this. MR. ILSCHNER: And I might just interject, Commissioner, that once the board approved the additional work, we authorized a contract to move in with a significant amount of additional equipment in an effort to complete this prior to -- COMMISSIONER MAC'KIE: And that's great, because we wouldn't have gotten as far as we did. MR. ILSCHNER: That's correct. COMMISSIONER MAC'KIE: So we appreciate that. And two other comments: One is just that the problem -- this is also Monday morning quarterbacking, but it's evaluating. How did we come not to know? How did it happen that we didn't know as a board for so long the seriousness of the problem? And I would ask you, Mr. Ilschner, to look into that and fix it wherever that -- COMMISSIONER CONSTANTINE: Obviously commissioners don't spend enough time on the beach. COMMISSIONER MAC'KIE: There you go. Or dig in the beach. COMMISSIONER HANCOCK: You know, Pam, I've said this to a lot of people. This is the first time we've ever renourished a beach project of this size in Collier County. Marco has had some experience. But there's a real learning curve there. And I don't care whether you're government or private citizen, there is a learning curve, and there's things that you -- I mean, we tried to anticipate quality of material and whatnot, and we felt like we did what we needed to do to make sure the material was a good material. We even saw it, felt it and touched it, before we approved it. But things didn't quite work out. I think our staff has learned more than we have, and when the time should come that some type of mobilization for renourishment occurs, that learning curve will come to play and will help us avoid these types of recurrences. I think that's really the best we can hope for. COMMISSIONER MAC'KIE: I just want to be sure that's what happens, that we do learn from our mistakes. COMMISSIONER HANCOCK: I'm convinced Mr. Ilschner doesn't want to relive this. COMMISSIONER MAC'KIE: No. MR. ILSCHNER: We certainly do not. And we will put into place those provisions -- COMMISSIONER MAC'KIE: Thank you. MR. ILSCHNER: -- to ensure this does not reoccur. COMMISSIONER MAC'KIE: And Mr. Weigel, I've asked this question before, and I know you preserved our position on suing the contractor, you know, to make our taxpayers whole. Have we -- do we have -- is there a statute of limitations problem with any of the potential defendants in a case that we might need to bring for damages? MR. WEIGEL: There is a statute of limitations. I don't think there is a statute of limitations problem. It's just that we, the county, county staff, will remain cognizant of the time frames and keep the board advised if we approach a period in time where claims that have been made have not been addressed appropriately against any contractor that we're dealing with, so that the board can give the direction, authorization for litigation or other appropriate legal means that we might try to follow. COMMISSIONER MAC'KIE: Do you know what the statute is? What's our deadline for -- or have we already preserved our right? I know we preserved the right to sue the contractor. Have we preserved our right to sue the consultant should that be necessary? MR. WEIGEL: Is your question have we preserved our right to sue the consultant? COMMISSIONER MAC'KIE: Yes. MR. WEIGEL: Well, we certainly have that right. We have not made a formal claim against the consultant at this point. The consultant -- COMMISSIONER MAC'KIE: I don't know if we should. I'm just asking what the statute of limitations is. MR. WEIGEL: -- is still working with us. The consultant's contract is not technically over; whereas, there are issues remaining with the contractor that was working in the large scale beach renourishment project, and we have made our claim, preserved our ability there. Notwithstanding the fact that we've made the written claim, though, we cannot sit and not pursue it in court beyond a certain amount of time that passes. But we're not there yet by a long shot. COMMISSIONER CONSTANTINE: If memory serves correctly, the case against the contractor appears, within the confines of the judicial system, fairly black and white. We appear to have fairly substantial evidence that there was a problem on their part. But I just hate to sit here and -- I think we need to be careful saying well, have we sued or are we going to sue the consultant. I don't know that we have one shred of evidence that the consultant was acting out on this. I don't want to in any way indicate that. I don't think that was your intention -- COMMISSIONER MAC'KIE: No. COMMISSIONER CONSTANTINE: -- but I don't want anyone to misunderstand and think we're making some accusation. I think we have a contractor who strayed from their field and unfortunately brought rocks in and is going to have to pay for that. But I don't want Coastal Engineering to end up being sullied by this discussion. COMMISSIONER MAC'KIE: And I don't intend to do that, and I appreciate your saying that. My reason for asking this question is very simple. It is that we have the responsibility to decide when and whom to sue, and we can't lose that window of opportunity by virtue of not raising the question with our county attorney, and I'm raising it. Because the contractor has asserted that, you know, he didn't go outside the scope of his -- he's in writing asserting he didn't go outside the scope -- COMMISSIONER CONSTANTINE: I'm aware of that. COMMISSIONER MAC'KIE: -- of the approved area and that in fact there were rocks within the area. So we can't lose either of the potential defendants as we go forward. COMMISSIONER HANCOCK: Once we complete the cleanup, I think then we have the dollar amount in hand to remedy the situation and then we need to make a decision as to how to proceed and we'll require the counsel -- our counsel to help us choose that direction. COMMISSIONER MAC'KIE: And we're telling them today, don't let us miss it by virtue of a statute of limitations problem. COMMISSIONER HANCOCK: Agreed. COMMISSIONER MAC'KIE: Okay. CHAIRPERSON BERRY: Do we have any speakers on this item? MR. FERNANDEZ: No speakers, Madam Chairman. CHAIRPERSON BERRY: Okay. Do I have a motion? COMMISSIONER NORRIS: Yes, and a second. CHAIRPERSON BERRY: And a second. All right, I'll call for the question. All in favor? Opposed? (No response.) CHAIRPERSON BERRY: Motion carries unanimously. Item #8C1 PARKING FEES AT TIGERTAIL FOR MARCO SPORTS FESTIVAL - FEES NOT WAIVED; MARCO ISLAND YHCA AUTHORIZED TO PAY PARKING FEES FOR MARCO SPORTS FESTIVAL Hoving on then to item 8(C)(1) parking fees at Tiger Tail Beach. Commissioner Norris? COHMISSIONER NORRIS: Madam Chairman, you'll be pleased to know that this is an extremely simple one and should be over really quickly here. The Marco Sportsfest is going to be using Tiger Tail Beach for some of their activities. They have requested for us to waive the parking fees for that weekend. The Marco YHCA has graciously stepped forward and said that they will pay the parking fees in lieu of us waiving them. And I'll make a motion that we authorize that scenario and direct Mr. Olliff to coordinate the efforts. COHMISSIONER CONSTANTINE: Second. CHAIRPERSON BERRY: We have a motion and a second. Are there any questions regarding this? If not, I'll call for the question. All in favor? Opposed? (No response.) CHAIRPERSON BERRY: Motion carries five-zero. Item #8D2 RESOLUTION 98-168 AUTHORIZING ADOPTING A SPECIAL SERVICE CHARGE AS ALLOWED IN SECTION 119.07, F.S. TO PAY FOR THE PROVISION OF INFORMATION REGARDING SPECIAL ASSESSMENTS, FINANCED WATER AND SEWER IMPACT FEES, AND WATER AND SEWER CHARGES - ADOPTED Item 8(D)(2), authorization to adopt a special service charge, as allowed in section 119.07, Florida Statutes, to pay for the provision of information regarding special assessments, financed water and sewer impact fees, and water and sewer charges. Mr. Yonkosky? COHMISSIONER MAC'KIE: Hay I ask a question of the county attorney before we start? CHAIRPERSON BERRY: You may. COHMISSIONER MAC'KIE: What's left of my law practice is real estate closings. I certainly would never have to pay this fee, but I would have to administer collection of this fee if it were passed. Is that a conflict or can I vote? MR. WEIGEL: Oh, I see. I don't consider that a conflict whatsoever. COHMISSIONER MAC'KIE: Okay, thanks. MR. YONKOSKY: Madam Chairman, commissioners, good morning. For the record, my name is John Yonkosky. Agenda item 8(D)(2) -- and I would like to reiterate what your counsel said this morning about the title. The title that was actually in the agenda is different than the title that's on the executive summary. This is a recommendation for the Board of County Commissioners to adopt a resolution authorizing an estoppel letter process that's currently in place and to establish a fee for that process. Several years ago, when the board directed the Department of Revenue to consolidate all of the special assessments that the board was responsible for into one area, we did that; unbeknownst to us that there were several areas where attorneys, individuals, title companies, all would call the separate areas to get information. Once it was consolidated, they all began calling to us provide information in the form of an estoppel letter. For example, if there was an outstanding mortgage, they could get that information from the real property records. If there are outstanding liens from Collier County, they need to get that information from the revenue -- Department of Revenue. COHMISSIONER HAC'KIE: Does real property charge for that information on the mortgage? MR. YONKOSKY: Pardon, Commissioner? COHMISSIONER HAC'KIE: What you said, that other departments can give that information out, do they charge for it? MR. YONKOSKY: No, the only other place that they could get that information from would have been the clerk's office in the real property records. COHMISSIONER HAC'KIE: Do they charge for that? MR. YONKOSKY: If they did get it from them and get a copy of it, they would have to pay for that copy. But they did not pay for it when it was a service that they could just walk up to the counter. And they can do that with us. They can walk up to the counter and get that information right now -- COHMISSIONER HAC'KIE: Without paying for it? MR. YONKOSKY: -- but the fact remains that a two dollar charge versus sending an assistant -- a clerical assistant down on an hour trip down to the courthouse to stand around for 15 or 20 minutes or an hour and then go back, I believe that most people will pay for this service. And the reason that we're asking for the board to authorize the fee is that the volume has grown unbelievably. There are 17,000 approximate real estate transactions that's recorded in the clerk's office. About four of them -- and through the property appraiser's office. About 4,000 of those are in the city, in the incorporated areas. But we're processing almost 24,000 a year of these, because they found out that it's real easy to fax to the department; fax with the folio number on it and get that information faxed back to them. We're currently in excess of 24,000 a year. So what we're suggesting is that -- recommending that the board sanction -- it's a good service for the public -- allow us to charge two dollars for each one of these, and we can keep track of it and we can get reimbursed 100 percent plus of the cost of providing this service. COHMISSIONER HAC'KIE: I have just one comment, and then I'm not going to talk a lot about this, because it might be misinterpreted. But when we consolidated all of these services into the Department of Revenue, it was supposed to save the county money. What -- what this would cause is the services that you used to get for free around the county now are consolidated and you have to pay for it. I wonder why a request for information, you should have to pay for. But -- COHMISSIONER HANCOCK: You know, we charge for copies. COHMISSIONER HAC'KIE: That's different. COHMISSIONER HANCOCK: Well, I don't think it's different, because when you buy a home, you know, all of the services associated with making that home a reality are borne by the purchaser. And, you know, this is something that the general taxpayer is paying for a service to, you know, the title companies and whatnot. I mean, I understand your point, but I just -- I think it's a reasonable fee for -- we made it more convenient, and as a result have created our own problem. It's now so convenient that the fax machine is burning, you know, all day long with this stuff as opposed to -- COHMISSIONER HAC'KIE: The cost to the county is now less, though, because it used to be that several departments were answering these questions, and now it's only being answered in one place. COHMISSIONER HANCOCK: That's why we charge a two dollar fee instead of $10, because it costs less to do it now. COHMISSIONER HAC'KIE: Okay. CHAIRPERSON BERRY: Commissioner Constantine? COHMISSIONER CONSTANTINE: If someone still wants to send their assistant down here and waste 90 minutes of their time, they still have that option; is that correct? MR. YONKOSKY: That's correct, Commissioner, they can. COHMISSIONER CONSTANTINE: So, I mean, they can still do that. And f they want a more convenient time and pay two bucks for it -- COHMISSIONER HAC'KIE: There's nothing wrong with that. COHMISSIONER CONSTANTINE: -- they ought to pay for it. COHMISSIONER HAC'KIE: It just troubles me a little bit. There's nothing wrong with them paying for it. COHMISSIONER NORRIS: Motion to approve. COHMISSIONER CONSTANTINE: Second. CHAIRPERSON BERRY: We have a motion and a second to approve the resolution authorizing an estoppel letter service and establishing a fee for such service. All in favor? Opposed? (No response.) CHAIRPERSON BERRY: Motion carries five-zero. Item #8D3 INTERLOCAL AGREEHENT BETWEEN COLLIER COUNTY AND THE DEPENDENT AND INDEPENDENT FIRE DISTRCITS FOR BASIC MEDICAL TRAINING FOR FIREFIGHTERS - CONTINUED TO HAY 26, 1998 AND TO BE BROUGHT BACK AS A CONSENT AGENDA ITEM The next item is the interlocal agreement between Collier County and the dependent and independent fire districts for basic medical training for firefighters. COMHISSIONER NORRIS: Madam Chairman, I pulled this off of the consent agenda for really a very simple reason. We're having an EMS workshop on Thursday, two days from now, wherein we may want to look at the policies and procedures that we use. And I just felt we would maybe be better served to delay this particular item a week and discuss it after we have our workshop. So that's really all I brought it off for is just simply to continue it for one week. COMMISSIONER CONSTANTINE: Ms. Flagg, this isn't going to change anything if we do it next week instead of this week, is it? MS. FLAGG: No, actually, this item doesn't have anything to do with the workshop. This is a renewal of agreements that the board have executed over a period of three years. COMMISSIONER MAC'KIE: Will the agreement lapse if we don't talk -- I mean, is there a problem if Commissioner Norris would not like for us to talk about it this week but we talk about it next week? I understand it's not specifically related to the workshop topic, but there's no harm? MS. FLAGG: No, just -- the fire districts and the city councils have already executed this agreement and they're just waiting on the board's execution of it. MR. FERNANDEZ: So nothing will lapse if we -- MS. FLAGG: No. MR. FERNANDEZ: -- don't act on it. COMMISSIONER HANCOCK: You know, if there's no harm, no foul, then let's go ahead and -- COMMISSIONER CONSTANTINE: Motion to continue the item for one week. COMMISSIONER NORRIS: Second. COMMISSIONER HANCOCK: Second. CHAIRPERSON BERRY: Okay, we have a motion and a second to continue this item for one week. If there's no further discussion and no speakers on the subject -- COMMISSIONER HANCOCK: Madam Chair? MR. FERNANDEZ: We have one speaker, Madam Chairman. CHAIRPERSON BERRY: We do? Okay. MR. FERNANDEZ: Mr. Pete Kocik. MR. KOCIK: I'll decline on speaking today, Madam Chairman. COMMISSIONER MAC'KIE: I think he waived his right to speak. MR. KOCIK: Yes, it was regarding the interlocal agreement. I decline to speak today. COMMISSIONER HANCOCK: Can I ask that this be brought back -- it wasn't in the motion, but bring it back on the consent agenda in case -- you know, that way we don't -- if someone wants to pull it, they can. But it should be brought back on consent agenda initially. COMMISSIONER MAC'KIE: Agreed. COMMISSIONER HANCOCK: Is that agreed? COHMISSIONER NORRIS: CHAIRPERSON BERRY: favor? Opposed? (No response.) CHAIRPERSON BERRY: Not a problem. Okay, we have a motion and a second. All in Hotion carries five-zero. Item #BE1 PROCUREHENT OF GRANT WRITING SERVICES THROUGH A COOPERATIVE PURCHASING ARRANGEMENT - APPROVED WITH GRIFFIN GRANT WRITING AND CONSULTING, INC. Next item is to approve -- approval to procure grant writing services through a cooperating purchasing arrangement. Mr. Smykowski. MR. SHYKOWSKI: Good morning, commissioners. For the record, Michael Smykowski, OHB director. Staff is seeking board approval to secure grant writing services with Griffin Grantwriting and Consulting through a cooperative purchasing arrangement, as this firm is already under contract with the City of Naples. COHMISSIONER HAC'KIE: I brought this to the attention of the county manager just -- this is one of those great deals, you pay if you win, you don't pay if you don't get money. It's a wonderful opportunity for us to maybe tap into some of the public and private grants that are out there at no risk because we don't spend money. COHMISSIONER CONSTANTINE: At zero cost to us? COHMISSIONER HAC'KIE: Zero cost. Am I right, Mike? MR. SHYKOWSKI: No, there is an $80,000 fee which represents eight percent. He guarantees a million dollars in new grant funds within -- COHMISSIONER HAC'KIE: But if he doesn't come through -- MR. SHYKOWSKI: -- a two-year contract period. But yes, if he does not fulfill his obligation, there is a performance bond that would repay the county for the $80,000. COHMISSIONER CONSTANTINE: I'm not comfortable just springing up and doing this, particularly as an add-on item. I don't know why it's essential that it has to be added on. I'd rather have -- MR. FERNANDEZ: No -- COHMISSIONER HANCOCK: It was consent. COHMISSIONER HAC'KIE: It was consent. MR. FERNANDEZ: -- it was originally a consent item, but we moved it to regular so we could discuss it. COHMISSIONER CONSTANTINE: I'm not comfortable for a couple of reasons: One, we don't have any idea what that million dollars in grants could be for, something -- it could be for fluff items as supposed to EHS or some other necessity items. COHMISSIONER HAC'KIE: We'll approve them case by case. COHMISSIONER CONSTANTINE: Can I -- can I please finish my comments uninterrupted once, Commissioner Hac'Kie? The -- COHMISSIONER HAC'KIE: You can try. COHMISSIONER CONSTANTINE: Obviously not. Like a three year old. The other concern is we did a long process, Mr. Smykowski, you may recall with a gentleman -- we did a process with a gentleman from the East Coast who does a lot of work out of Tallahassee grant writing -- I see Mr. Olliff nodding -- who actually designed some thoughts on how we could do it. I think his up-front cost was less than 80,000, but that's working from memory. He brought the idea to us, did a number of things, actually got as far as standing in front of the board one day and the board declined because they weren't sure we didn't have specific grants on tap on what grants we'd be going after or not and there was some discomfort there for a number of different reasons. And so I'm not comfortable making an $80,000 commitment to someone else when we went through the whole process before and had someone with a smaller dollar figure and a fairly successful track record at the state ready to go and then have this $80,000 going toward -- we have no idea, we don't have any specific grants in mind, apparently. COMHISSIONER HANCOCK: I do. COMHISSIONER MAC'KIE: I do. COMMISSIONER CONSTANTINE: Well, we might have some ideas, but, I mean, we don't -- this gentleman hasn't said okay, I'll guarantee 'em within the scope of -- MR. SMYKOWSKI: Within -- the first thing he does is come in and meets with staff and conducts between a day or a two-day session to determine what the priorities are and develops, you know, an eight or nine priority list of the -- you know, what grants we might be interested in seeking in law enforcement or public safety or flood control or economic development. And then they are targeted. He does not author -- is not authorized to apply for any grant until we have signed off that yes, that is in fact a grant we are interested in pursuing. CHAIRPERSON BERRY: Does that come to the board first? MR. SMYKOWSKI: No, it would be a -- CHAIRPERSON BERRY: I mean, after you have looked at these or when a grant is being sought, would that come to the board to say yes, we want to go for it or no, we don't want to? MR. SMYKOWSKI: Typically yes, I believe grant applications do go to the board. COMMISSIONER CONSTANTINE: I do not -- and my point is -- I'm sorry if I'm not being clear. My point isn't that I object to having someone trying to write grant applications for us and getting money the state or federal government wants to give away. That's a wonderful idea. However, we went through the process, had a gentleman who spent several months working with our staff, and then said no. And then to have this pop up on a Tuesday agenda and say yeah, I think we ought to explore. If we decide yes, we want to do something with a grant writer, in a level of fairness, we ought to look at what alternatives are out there, who they are, and what the best deal is, rather than simply jump into it. I don't have any objection to exploring someone grant writing for us, but let's do it in a reasonable manner, instead of just picking this one at random because the city happens to have it. CHAIRPERSON BERRY: Commissioner Hancock? COMMISSIONER HANCOCK: I need to go back and review the record on that particular discussion, because I remember having a different set of concerns. But when I read this item, my first thought was gee, you know, we picked this apart previously. You know, I think it's time just to go ahead and get a grant writer on board. There are projects in the near wings that can only be made possible with grant funds. I'm referring to things like beach parking. The risk here is limited, in my opinion. In addition, we could ask the county administrator that when the priority list is established, prior to transmitting it to the grant writer, that this board have an opportunity to review that priority list -- COMMISSIONER CONSTANTINE: Yeah. COMHISSIONER HANCOCK: -- and say whether we agree or disagree. I think that would be a reasonable approach. So, you know, I don't have enough recollection to argue the merits or demerits of the last discussion, but I don't have a problem with this proposal. And I'm -- the last thing I want to do is go through the whole RFP thing again, because, you know, it can create as many questions as answers on these types of situations. This seems like a reasonable approach, and I'm supportive. COMHISSIONER CONSTANTINE: What do we know about this gentleman's background? What's his success rate with grants? Did he work for state agencies? What do we know? MR. SMYKOWSKI: They're a California based firm. They've been in business since 1990. They've worked with a variety of -- primarily California. They recently branched out operations to Florida. COMHISSIONER CONSTANTINE: How recently? MR. SMYKOWSKI: In the last year or so. Eighty-eight percent hit rate on all grants submitted. COMMISSIONER MAC'KIE: Would you say that number again? MR. SMYKOWSKI: Eighty-eight percent success rate. COMMISSIONER CONSTANTINE: That's factoring in -- MR. SMYKOWSKI: They've raised over 300 million dollars. COMMISSIONER CONSTANTINE: That's factoring in California, obviously, not Florida? MR. SMYKOWSKI: That is correct. COMMISSIONER CONSTANTINE: Do we have any idea how many dollars they've raised in California -- in the State of Florida? MR. SMYKOWSKI: No. In fact, most of the Florida clients are relatively new contracts. The City of Naples signed on with this firm in the last month. Palm Beach County had signed on in the last three or four months. MR. FERNANDEZ: Madam Chair? COMMISSIONER CONSTANTINE: Again, they may be wonderful, but there are -- and I don't care whether it's the gentleman that was before us or not. That wasn't my point. My point is just there are other options out there. I would prefer to have a Florida based company with a Florida track record. The state legislature and the way government in Florida works is very different than California, thank goodness, and I would prefer to have someone who has an established track record in the State of Florida. COMMISSIONER MAC'KIE: This company does specialize in federal grants, and that's frankly why a national -- a broader based company than a Florida company -- we are more likely to get federal grants using this company. COMMISSIONER CONSTANTINE: Using a California company? COMMISSIONER MAC'KIE: They have an 88 percent win record on these federal grants. COMMISSIONER CONSTANTINE: On federal grants. COMMISSIONER MAC'KIE: On all of the grants for which they've applied. They specialize in federal grants. MR. SMYKOWSKI: Frankly, part of how they structure grant proposals is relating things to law enforcement needs, things relating -- need for a GIS system as it relates to enhancing an E9-1-1 capability. And as a result they've leveraged that and are able to secure grant funds for a GIS system or a new county financial system, which we would -- there was $500,000 budgeted this year as initial start-up for the acquisition of a new financial system. A new system based on bids would be in the neighborhood of two million dollars. COHHISSIONER CONSTANTINE: Doesn't the Sheriff's Office already have their own grant writer? You said law enforcement the very first One. MR. SMYKOWSKI: They have some in-house capability. I think they have a -- COMMISSIONER CONSTANTINE: A pretty amazing track record, frankly. They give -- we question half of their grants, making sure it's not going to charge us something on the back end. Commissioner Mac'Kie, you said most of the success has been with federal grants. How much of that three hundred million dollars has been with federal? COMMISSIONER MAC'KIE: I wasn't prepared to answer that question today. COMMISSIONER CONSTANTINE: Then how do you know most of it was with federal? COMMISSIONER MAC'KIE: Because they specialize in federal grants. It says it in the staff report that we have in the summary. COMMISSIONER CONSTANTINE: Staff must be able to tell me then. How much of that is federal? I mean, I can put that on a brochure, specializing in federal grants. That doesn't mean I've ever gotten one. My point is we don't know anything about these guys. MR. FERNANDEZ: Madam Chairman? CHAIRPERSON BERRY: I have a question. What's the downside to this? COMMISSIONER MAC'KIE: Right. COMMISSIONER CONSTANTINE: That there may be a better -- CHAIRPERSON BERRY: I didn't ask you. What's the downside? MR. SMYKOWSKI: Frankly, given that it is performance based and he -- you know, if he does not bring in the grants that we are requesting him to pursue, our $80,000 is paid back. The downside is I suppose if he were wildly successful, there is an incentive clause that it's eight percent of the first million -- that's the 80,000 -- and for every additional dollar raised above the million dollars, he -- the contract would allow him to get eight percent of -- as an incentive for bringing in those additional funds. CHAIRPERSON BERRY: Okay, I'm just looking at -- MR. SMYKOWSKI: So if he were wildly successful -- CHAIRPERSON BERRY: -- this. What do -- MR. SMYKOWSKI: -- it may cost you more. CHAIRPERSON BERRY: -- we have to lose by signing this guy on? MR. FERNANDEZ: Madam Chairman -- CHAIRPERSON BERRY: Whoever, this company or whatever they are. COMMISSIONER CONSTANTINE: I would like the opportunity to answer that. Because the downside could be that there may be someone better who could raise more and there may be someone who's better who will charge less. CHAIRPERSON BERRY: In other words, somebody that they'll beat the eight percent rate? COMMISSIONER CONSTANTINE: Correct. COMMISSIONER MAC'KIE: Is this an exclusive contract? MR. SMYKOWSKI: Yes. COMMISSIONER HANCOCK: But it has a 15-day termination clause. MR. SMYKOWSKI: Yes. CHAIRPERSON BERRY: Fifteen day? COMMISSIONER HANCOCK: Yeah. COMMISSIONER MAC'KIE: If we find a better deal, we can terminate it in 15 days? COMMISSIONER HANCOCK: Granted, we have to pay for the time spent at the rate of 120 an hour, but -- CHAIRPERSON BERRY: Mr. Fernandez? MR. FERNANDEZ: Madam Chairman, I think one of the unique features that we talked about when we discussed this arrangement with the proposing vendor is the performance bond. I think it's relatively rare to find a firm in this business that would be willing to offer a performance bond as part of the package. We found that to give us something of a sense of security. I expressed some of the same concerns that Mr. Constantine mentioned today regarding the California experience, the lack of Florida experience and so forth. I feel confident that the firm is very familiar with the federal guidelines and has experience with the federal granting agencies in the way that we will be successful. But the performance bond is the thing that really gave me the comfort that if in fact we were not, the risk would be very low. COMMISSIONER HANCOCK: But there comes -- there are some things that I just -- you know, I feel more comfortable deferring to the professional experience of our staff on. And I know that our county administrator has dealt with grants and grant writers in the past. And it's just something that I think the time has come for us to hire someone. We have a recommendation from our staff that this is a good proposal. There may be a marginally better one out there, but at this point, with really no risk to the county, and our staff supporting that it's a good proposal, that's good enough for me today. COMMISSIONER MAC'KIE: Is that a motion? COMMISSIONER HANCOCK: So are there any speakers on this? COMMISSIONER NORRIS: Let me ask one question. What was the impetus to bring this before this board? Who did this? Who brought this proposal before us? COMMISSIONER MAC'KIE: I got the information on who the -- once I heard about the City of Naples program, I got the information and provided it to the county administrator. What I found out when I did that is that he had already asked for it. COMMISSIONER HANCOCK: It came from your office, Mr. Fernandez? MR. FERNANDEZ: Madam Chairman, I believe the Board of County Commissioners addressed this in their budget process last year where they identified the need to pursue grant writing or a grant function. It was our recommendation -- it was my recommendation that we do that through contracting rather than building an in-house capability. COMMISSIONER HANCOCK: So many grant writers I've met are one-person shops. I mean, it's an individual who usually works out of their home doing grant writing. And I like the idea of having a broader perspective brought to it and more individuals brought to it from a national firm. I just think the chance of success is a little better on this. So anyway, we -- you know, I think everyone has their own feelings about a day. I just feel comfortable with this and willing to move ahead. I'll move approval of the item. COMMISSIONER MAC'KIE: Since I said it was me who brought it forward, what was the reason for asking who brought it forward? COMMISSIONER NORRIS: Well, it didn't -- we have policies and procedures on how we select firms that do work for us. This appeared -- just happened to appear all of a sudden on our agenda, and I can't find anything in the background of the material that really determines how we selected this one firm over any of the others. I mean, Commissioner Constantine has a valid point: How do we know, if we haven't looked at other firms, that this is the firm that we should be going with? And did we do any selection process or how did we -- how did we come to have today this particular firm on our agenda? That's all I asked. COMMISSIONER MAC'KIE: Just curious. Second. CHAIRPERSON BERRY: Okay, so we have a motion and a second to approve the grant writing services through a cooperative arrangement which this group or this individual, whatever, is going to be working also with the City of Naples. MR. SMYKOWSKI: Essentially we would be piggybacking on the City of Naples contract. We're a member of a purchasing consortium. And that is the arrangement by which we can authorize this work. CHAIRPERSON BERRY: Okay. Mike, when we have looked into these in the past, has the arrangement been comparable to this, or has it been a whole different kind of arrangement? Do you recall? MR. SMYKOWSKI: Frankly, there was the one gentleman from Miami, and other than that, I don't recall any recent solicitations in that regard, so I really can't comment on that. CHAIRPERSON BERRY: Okay. I guess I feel a little more comfortable that if things don't work out, you've got 15 days that you can bow out of this whole thing, and at that point you're still not out any money; is that correct? MR. SMYKOWSKI: You're out based on time and materials -- CHAIRPERSON BERRY: Right, if they have -- yeah. MR. SMYKOWSKI: -- had they done work for you, yes. CHAIRPERSON BERRY: Right. I understand. But if down the road if you decide that this isn't the way you want to go, you can get out of it relatively easy. Mr. Weigel? MR. SMYKOWSKI: We had also done some reference checks. In addition, I spoke with Bill Harrison from the City of Naples and the city had also, as part of their -- prior to their signing on with Griffin and Associates, they had done some extensive reference checking of their own prior to their signing the contract as well. CHAIRPERSON BERRY: Okay. MR. WEIGEL: The question I had was in regard to the executive summary statement about the Southwest Florida purchasing consortium and the City of Naples, and I wanted to be clear if in fact the county will have its own individual contract with this consulting firm. MR. SMYKOWSKI: Yes. I spoke with Mr. Camell. We would -- and he said, you know, we would have liberty to make, you know, minor modifications to that as well and still live -- MR. WEIGEL: I didn't understand -- MR. SMYKOWSKI: -- under the basic piggyback clause. MR. WEIGEL: I didn't understand the relevance of procuring services cooperatively through the existing City of Naples contract. Is the City of Naples contract essentially kind of the form contract, and we would essentially substitute county for city, but we will have our own independent contract? We are not piggybacking into the city. We will have our own obligation of -- and also the ability to have in our name the eighty thousand dollar bond, just as the city, apparently, by it's own contract has an independent eighty thousand dollar bond. Long question, but -- MR. FERNANDEZ: Madam Chairman? CHAIRPERSON BERRY: Yes. MR. FERNANDEZ: I believe the answer to the question is yes, and the basis for the connection with the City of Naples is to streamline the procurement process -- MR. SHYKOWSKI: That's it exactly. MR. FERNANDEZ: -- but based upon their acquisition, we have utilized their selection process and adopted this selection process. It will be an independent contract, as I understand it -- MR. SHYKOWSKI: Yes. MR. FERNANDEZ: -- with the county. MR. SHYKOWSKI: The issue is exactly as Mr. Fernandez stated. COHMISSIONER CONSTANTINE: What was their selection process? MR. SHYKOWSKI: They declared them the sole source, if I'm not mistaken. Due to the -- the unique -- COHMISSIONER CONSTANTINE: I'm sorry, did you say they declared them a sole source? So really there was no selection process, they were contacted by them and just declared them? MR. SHYKOWSKI: Yes. The unique feature they have been declared sole source in many cases is due to the fact that they guarantee their work through the performance bond. That is the distinguishing characteristic of this firm from an hourly contract or a will do work on a -- you know, on a fee basis or a contingency basis. COHMISSIONER CONSTANTINE: Can you give me an example of two of the firms that wouldn't do it that way? COHMISSIONER HANCOCK: The one we turned down? COHMISSIONER CONSTANTINE: My point is that nobody knows. I mean, Mr. Fernandez, is it -- is six percent standard, rather than eight percent for this type grant? MR. FERNANDEZ: I think the eight percent fee is probably in the high range. COHMISSIONER CONSTANTINE: And please don't get me wrong, I understand and appreciate our desire to do grant writing, but the city didn't look at any other vendor. We haven't looked at any other vendor. And there are a number of good -- there are some people that aren't that good. There are a number of people that are very good at doing this type of activity. And you can say six percent, eight percent, what difference does it make, but if you get into several millions of dollars in grants, that's several hundred thousand dollars over the course of time that can be savings to the taxpayer instead of into the provider or the grant writer's pocket. And so I don't have any opposition to the grant writing, I just think it's irresponsible for us to go ahead without knowing what else is out there. COHMISSIONER HAC'KIE: And again, I just go back to what Commissioner Hancock said, and Mr. Fernandez, you should know, for my vote, I'm putting a great deal of weight on your recommendation that this is a good deal. And, you know, his experience. And you may have more experience in this, Commissioner Constantine, than I do, but I know that Mr. Fernandez has more than I do, and I'm going to go with his recommendation. COHMISSIONER NORRIS: Madam Chairman, would you call the question, please? CHAIRPERSON BERRY: I will call the question. All in favor of approval to procure the grant writing services? COMMISSIONER MAC'KIE: Aye. COHMISSIONER NORRIS: Aye. CHAIRPERSON BERRY: Aye. COHMISSIONER HANCOCK: Aye. CHAIRPERSON BERRY: Opposed? COHMISSIONER CONSTANTINE: Aye. CHAIRPERSON BERRY: Motion carries four-one. COHMISSIONER CONSTANTINE: Mr. Weigel, do we need to make any sort of declaration as part of that? Is there anything contrary to our policies or procedures of the county to just pick a vendor? MR. WEIGEL: Well, I think the information is that we are utilizing the city's procurement, so if their process is in place and utilized, I don't think that we have a particular problem. COHMISSIONER CONSTANTINE: Thank you. MR. WEIGEL: Thank you. Item #9A DISCUSSION PERTAINING TO RESOLUTION 95-632 AND ISLE OF CAPRI FIRE AND RESCUE ADVISORY COMMITTEE - COUNTY TO PROVIDE REIMBURSEMENT, NOT UP FRONT PAYMENT CHAIRPERSON BERRY: Okay, moving on then to the county attorney's report. Appropriations for resolution 35-92, legal expenses. MR. MANALICH: Good morning, Chairman Berry, commissioners. For the record, Ramiro Manalich, chief assistant county attorney. This matter is an add-on today because late Thursday afternoon we had communication from one of the Isle of Capri Fire Control advisory board members that a noncriminal infraction type charge had been filed by the state attorney against at least one or more of these advisory board members. And subsequently, at Mr. Weigel's direction, I spoke with the state attorney, Mr. Provost, and he did confirm. And we were copied on some pleadings having to do with this matter. Basically the reason it's an add-on is that the pleading indicates that one of these people is due to appear in court on May 29th. Given that short of time frame, we did not want to hesitate in letting them have proper direction as to whether under the applicable policy the county will either seek to wait and see and reimburse if they prevail in that action, provided they were acting in the scope of their employment or duties, or whether the county, as they have requested, will choose to provide representation, county-paid up front. And to wait until next Tuesday would have given them very little time prior to the first court appearance. That's why we're here today. COMMISSIONER MAC'KIE: If we find that they have in fact acted outside of the scope of their charge by violating the Sunshine Law, do we get our money back? MR. MANALICH: We have in the policy the right to seek recovery by request and/or by litigation to do so, and it is required. CHAIRPERSON BERRY: Commissioner Constantine? COMMISSIONER CONSTANTINE: How does this differ from the case of a county employee -- which is an employee instead of just an advisory board member; I would think we would be more cautious -- but a county employee who had a suit filed that we opted not to pay anything, and after the fact, if they were found not guilty or not to have violated any laws, we said we would reimburse them for their cost? But it would seem to me in the case of an employee that would be -- we'd want to be more stringent or more of a participant even so than an advisory board member. So it just seems -- MR. MANALICH: Well, that's a very good question. The policy does not distinguish between employees and advisory board members. What it does distinguish is between civil or civil rights actions and criminal type actions. This is labeled a noncriminal infraction, but by its nature, it's brought by the state attorney, it is essentially criminal. It's got a punitive fine, no jail applicable. And where we distinguish is based on the attorney general's opinions and the applicable case law. The preferred approach that that case law and attorney general tell us is that -- typically the board has to make a determination, but typically you prefer to reimburse if the person has been acquitted or the charge is dismissed and you find that they were acting within the scope of their duties as a result of the charges, and that the fees are reasonable. COMHISSIONER CONSTANTINE: My recollection is that's how we proceeded with the employee's case. Are you suggesting we would or would not do that same thing here? MR. MANALICH: Well, we've actually -- these are case-by-case determinations, where the board has to look at the information provided by the county administrator and county attorney and make a decision whether it believes up-front representation versus reimbursement is warranted. Some of the cases I think you were talking about were civil actions where the county attorney came forward and said due to surrounding circumstances of these allegations, we feel that there is a doubt as to whether the person was acting within their scope or not. And for that reason, we recommend to you to defer and wait, and then if they prevail, they would be reimbursed if they were acting within the scope. COMMISSIONER MAC'KIE: I think that makes the most sense. MR. MANALICH: Now, what you're basically balancing here -- and that's what the cases recognize between the so-called chilling effect on service to county boards that can be created when people feel they're not having the support of the board in representation, having to dig out of their own pocket and go through the hardship of defending versus especially in criminal matters where you have a state attorney as opposed to a plaintiff in the community. You have a state attorney that's reviewing a case and has found apparently probable cause. At that point, there is a greater reluctance by the courts and the attorney general to provide that up-front representation dollars. But you would have the ability to do so if you believe that the competing value -- and that is, the chilling effect -- outweighs that concern. So you could go either way on that. COMMISSIONER CONSTANTINE: My question was what's the difference or where's the inconsistency, and you've answered that. Thank you. CHAIRPERSON BERRY: Commissioner Hancock? MR. MANALICH: I will just add -- I'm -- sorry, for your information that the -- two things: One, that this case would be not be a precedent, necessarily, for any other case. We'd have to evaluate them each one by one. The second thing is that in talking with -- I've been able to speak with two of the advisory board members involved. They very strongly, you know, deny these allegations and have conferred that to me, for whatever it's worth. COMMISSIONER NORRIS: Mr. Manalich, why don't you just take a second and tell us what the concern is, the actual charge is. Because this -- this -- this particular complaint seems to have some special circumstances that I think may impact on how the board would look at this matter. MR. MANALICH: Well, basically to the extent that in short inquiry I've been able to find out, basically it's a charge of failing to provide reasonable notice of a public meeting of the Isle of Capri Fire Department advisory board in violation of Sunshine Law. And in talking with both staff and the advisory board members, there appears to be information as to -- the advisory board members would assert that they believe there was a large amount of people that showed up at this meeting. And that consequently notice was effectively given. Obviously there's a complainant in the community that brought a charge to the state attorney believing that did not Occur. Mr. Ochs and Ms. Flagg are here. They know perhaps more history than I do of the actual event. I mean -- COMMISSIONER NORRIS: Actually, I attended that meeting myself, and I can tell you that there were 200 people there, anyway. COMMISSIONER HAC'KIE: And the state attorn -- I don't know anything about criminal law, but the state attorney has done a preliminary investigation and found that there is probable cause that the Sunshine Law was violated? MR. HANALICH: Well, the information I received from the state attorney is that they intend to pursue these noncriminal infraction charges against the four advisory board members that were present at that meeting. Now, I have in front of me, courtesy of one of the advisory board members, an information which is a charging document from one of the advisory board members. I've not yet seen other such pleadings. COMMISSIONER HAC'KIE: Based on just the one that you have, what is the legal requirement before an information is issued? MR. HANALICH: Well, as I understand it, basically, for any charge filed by the state attorney, once they receive an information from a complainant, you know, and/or police, they make a review of the information they've got and then -- I don't believe they go forward, unless they believe there's probable cause. Obviously I'm not a state attorney, but having practiced criminal law before, that's what I believe is the standard. COMMISSIONER HAC'KIE: That's what I guess makes me hesitant to consider funding a defense for a lawsuit where there has been, you know, some level of investigation by the state attorney. He's issued a finding of probable cause by virtue of bringing the charge. CHAIRPERSON BERRY: Commissioner Hancock? COMMISSIONER HANCOCK: I guess one of the concerns I have is if we do it up front, we are in a position that we could be drug into unnecessary and ridiculous appellant procedures, even if we find that the individual is pursuing them inappropriately or unadvisedly. We could be tied in by financially being responsible from the front end. I am more comfortable with the recommendation that we reimburse, should there be an acquittal, in the conditions outlined by the county attorney's office. In this particular instance, I'm comfortable with that being the proper direction. MR. HANALICH: Yeah, basically the conditions you've alluded to, Commissioner Hancock, are the person be acquitted or the charges dismissed; that the charges arose out of or in connection with the performance of official duties and while serving a valid public purpose -- and that would have to be sorted out once these things are over -- and the legal fees and/or costs charged are a reasonable amount. COMMISSIONER HANCOCK: Will the person who is charged in this case have -- or the people charged in this case have the ability to seek recourse against -- I mean, I don't know, they're not expending anything if they're found -- if they're acquitted. Never mind. COMMISSIONER HAC'KIE: Motion to approve the county attorney's recommendation. COMMISSIONER HANCOCK: I'll second it. CHAIRPERSON BERRY: Okay, we have -- COMMISSIONER CONSTANTINE: Clarify his recommendation for me, please? COHMISSIONER HAC'KIE: Is to pursue reimbursement -- I'm sorry, you did make a recommendation. MR. HANALICH: Yeah, I think that the joint recommendation of county attorney and the administrator was that based on the policy that you prepared -- and that's specifically on page six of the attachment regarding criminal charges -- that because criminal are different in nature, I think as Commissioner Hac'Kie alluded to, than civil, although you have the flexibility to provide for up-front representation, our recommendation is that the policy prefers reimbursement. So based on the policy having that preference, that's our recommendation. COHMISSIONER HAC'KIE: My motion is that the following recommendation of the county attorney and county administrator be approved: That the preferred approach be applied, and that is to provide for reimbursement, instead of up-front payment for representation of counsel, reimbursement will be provided if the charges against the county person arose -- against the county person arose out of or in connection with the performance of official duties while serving a valid public purpose; if the county person has been acquitted or the charges dismissed; and the legal fees and/or costs charged are reasonable in amount. COHMISSIONER CONSTANTINE: I'll second the motion. CHAIRPERSON BERRY: Okay. We have a motion and a second. And I would like to clarify one number. I don't know where in the world I got the number that I cited, which is 95-632. But anyway, note that correction, please, in the minutes. COHMISSIONER HANCOCK: For the record, there was a second on the floor and a clarification was by Commissioner Hac'Kie. COHMISSIONER HAC'KIE: Somebody had already seconded the motion? COHMISSIONER HANCOCK: I'm just -- a point of clarification for the Chairman. I'm fine with Commissioner Constantine's second. I just didn't want there to be a confusion. MR. HANALICH: One other clarification, Madam Chairman, as you go to vote on the motion: That is that I want to emphasize again that this is a case specific consideration based on the nature of the cases, that nothing in the recommendation of the administrator and/or the county attorney at this point should be viewed as any kind of prejudgment of the situation. COHMISSIONER HAC'KIE: Agreed. MR. HANALICH: That would have to be sorted out. CHAIRPERSON BERRY: Exactly. Okay, I'll call for the question. We don't have any public speakers? MR. FERNANDEZ: No speakers. CHAIRPERSON BERRY: All in favor? Aye. COHMISSIONER CONSTANTINE: Aye. COMMISSIONER MAC'KIE: Aye. COMMISSIONER HANCOCK: Aye. CHAIRPERSON BERRY: Opposed? COMMISSIONER NORRIS: Aye. CHAIRPERSON BERRY: Motion carries four to one. Item #11B1 DR. FAY BILES INVITED COHMISSIONERS TO HITA HEETING AT HACKLE PARK THIS EVENING AT 7:30 P.M. RE PUBLIC SAFETY CROSS TRAINING OF FIRE AND POLICE Okay, moving on then to public comment. MR. FERNANDEZ: We have two speakers under public comment. COHMISSIONER CONSTANTINE: Thank God we don't have five. MR. FERNANDEZ: First is Dr. Fay Biles and then Mary Dunavan. COHMISSIONER HAC'KIE: Or six. COHMISSIONER NORRIS: Yeah, a good thing we don't have six. MS. BILES: My name is Fay Biles and I'm president of the Marco Island Taxpayers' Association, HITA, of almost -- just about 1,000 members. What I'd like to do is take this opportunity to invite all of you commissioners and anyone from the viewing audience to attend our HITA meeting tonight at 7:30 at Hackle Park, because we are going to pursue an innovative approach that's different from most of the places on the West Coast. We are having a speaker, his name is Leonard Hatarese, who is the expert, so I'm told, on public -- cross-training of public safety department. It is new. The City of Marco Island has decided -- the City Council last night approved -- that they want to pursue this innovative type of public safety. It means the cross-training of fire and police, and they will be called public safety officers. EHS will stay in place. And of course they already have some cross-training -- I wouldn't say cross-training, but a partnership program to reduce the number of fire trucks that go to medical calls. And this program was started at Marco Island, we take credit for that, and it is now spreading to the rest of the county. Naples is now indulging in this, and also I understand a partnership program for the rest of the county is being offered. Mr. Hatarese is, as I said, the expert on this, and he's going to talk about the pros and the cons. Can it save money? Well, so we think it can, and so we're going to try it as a new type of program. The sheriff has listened to all of this and he has said he's interested in this concept and he probably will most likely be there. We've talked about it with the City of Naples and they are interested also. I must say that the committee, the advisory committee that looked at this public safety issue, I can't believe the amount of work that they have done. I mean, those committee members have researched far and wide. They have visited cities where this public safety concept is already in place. They've talked with people who have gone into it and out of it and so forth, and it was their strong recommendation that we as a new city have the opportunity to pursue a new type of public safety cross-training. So all of you are invited. If you'd like to come, 7:30 tonight at Hackle Park. And I think John Norris, our commissioner, has already said he's going to try to be there. And so we have Bill Moss who will be introducing Mr. Hatarese, because he -- both he and Charles HcCool -- we have two managers, one interim and one the bona fide city manager -- both of them have come from places where they started this public safety concept and are very high on it. And so we're looking forward to hearing the pros and the cons and to see if we can do that at Marco Island. Yes? COHMISSIONER HAC'KIE: Just I can't possibly make it to that, but I'm so interested in the issue. Are there any written materials or chance of a videotape? MS. BILES: Oh, yes. In fact, Mr. Matarese is the author of the most definitive study on the public safety concept and cross-training fire and police. It was put out by OG in Hay, I believe. And it's called MISS (phonetic). I will see that you get a copy of that. COHMISSIONER HAC'KIE: Thank you, Fay. MS. BILES: And he goes into great detail of all the problems. And it's not always just smooth sailing, there's no doubt about that. And so we're looking forward to just hearing the information on this. I thought you might be interested -- CHAIRPERSON BERRY: Dr. Biles, is that information the same that you provided to me? MS. BILES: Yes. CHAIRPERSON BERRY: I have that -- MS. BILES: All right. COMMISSIONER MAC'KIE: I'll copy it. CHAIRPERSON BERRY: -- and I'll be happy to share it with Commissioner Mac'Kie. MS. BILES: Thank you. Any other questions? CHAIRPERSON BERRY: No, I'll be not able to attend, and I don't think -- Commissioner Constantine tonight has a Golden Gate citizen of the year award, so we have -- all of us have things to do, I believe. Item #11B2 MARY DUNIVAN REGARDING EVERGLADES LEGISLATION HR. FERNANDEZ: Next speaker is Hary Dunavan. CHAIRPERSON BERRY: Okay. MS. DUNAVAN: I guess it's good afternoon, or good morning? CHAIRPERSON BERRY: Good morning. MS. DUNAVAN: My name is Mary Dunavan and I'm speaking for myself. And I'm glad I'm not number six today. CHAIRPERSON BERRY: I would let you speak, Mary. MS. DUNAVAN: Oh, thank you. COMMISSIONER HANCOCK: See, Mary, the policy works perfect. MS. DUNAVAN: Hopefully. I have not talked to Butt Saunders, but this is on Mr. Guggenheim's add-on, the Everglades legislation, the Conservancy. And I did go into Mr. Saunders' office and pick up these papers. Would you please pass those on up? And I understand that -- I don't understand all that I should, because I haven't really studied any of this, but I understand that if 2.5 billion state money, which is our tax money, and we have private property people that own private property -- thank God I don't own any out in the Everglades. I'm close enough. It's our tax money. And so what I understand on some of this is why can't our state elected officials have input and oversight over some of the state funding that's going to go into this? And I haven't read clear through on this from Butt Saunders' office, but I understand that some of it's on the restudy that the Army Corps is doing. And so I think before any of you write letters, maybe you could read through this a little bit and find out what's so wrong with our elected officials having oversight and input into spending all this tax money. Thank you. COMMISSIONER NORRIS: Actually, I did read through that. I received that last Thursday. MS. DUNAVAN: Okay, thank you. COHMISSIONER HAC'KIE: As have I. CHAIRPERSON BERRY: Any other public speakers? MR. FERNANDEZ: No other public speakers, Madam Chairman. CHAIRPERSON BERRY: Okay. COHMISSIONER NORRIS: I wasn't clear on what Ms. Dunavan was suggesting. Just that we read -- or were you speaking in support of the Saunders sugar bill? MS. DUNAVAN: I don't think it's a sugar bill. I think that '- I'm really speaking for the people -- individual persons that own property out in the Everglades, and that they should be given the opportunity to sell for the most amount of money that they can get. And I understand the federal law is separate from the state law on some of this. And there's another reason, too. If this goes into -- COHMISSIONER NORRIS: You never did answer my question. The question was do you support the bill or not? And we've heard your explanation, but I just wanted you to answer -- you can answer it with either a yes or a '- MS. DUNAVAN: Yes. COHMISSIONER NORRIS: -- or a no. A yes? MS. DUNAVAN: Yes. COHMISSIONER NORRIS: Okay, thank you. CHAIRPERSON BERRY: Okay. Mr. Fernandez, do you have anything that you'd like to talk about today? MR. FERNANDEZ: I have nothing, Madam Chairman. CHAIRPERSON BERRY: All right. Commissioner Hac'Kie? COHMISSIONER HAC'KIE: Nothing, thank you. CHAIRPERSON BERRY: Commissioner Norris? COHMISSIONER CONSTANTINE: Nope. CHAIRPERSON BERRY: Commissioner Constantine? COHMISSIONER CONSTANTINE: No. Item #15A COMHISSIONER HANCOCK REGARDING SUMMER RECREATION ACTIVITIES CHAIRPERSON BERRY: Commissioner Hancock? COMMISSIONER HANCOCK: One thing. Last night we had our last meeting of the school year for the joint advisory committee on youth activities. It's the second year in the making. We have produced a summer schedule that will be in print soon. We'll be counting on the newspaper and other local media sources to help us get the word out as these events go on. But there's everything from beach parties at Sugdun Regional Park, skate parties at the Sanctuary, skate parties at the Edge in the City of Naples, beach parties down at the pier, teen dances, concerts, fashion shows. We've got all kinds of stuff throughout the whole summer, trying to plan more activities. So as soon as that's out, I'll make sure you-all get a copy. And we'll be formalizing it next year. And the board -- I'll be asking the board to recognize the members of the joint advisory committee on youth activities at the beginning of next school year. But it's been pretty successful. We're not getting much press coverage out of it, for whatever reason, but a lot of good participation by kids and a lot of good events being planned. I thought some of it would dovetail nicely with what you're doing with Midnight Basketball, too. So we'll get those on the schedule, too, on those nights, and put it all out. There will be a teen activity line that's going to be done. The City of Naples has set it up. And I'm going to try to get a couple of the local banks to sponsor kitchen magnets that would go out in mailings that would go on the refrigerator that says, bored, call such and such, and it will tell you what teen activities are being planned for that week. COHMISSIONER HAC'KIE: Great idea. COHMISSIONER HANCOCK: So some neat stuff coming out of it. CHAIRPERSON BERRY: Okay. If there's nothing further, meeting's adjourned. ***** Commissioner Constantine moved, seconded by Commissioner Mac'Kie and carried unanimously, that the following items under the Consent Agenda be approved and/or adopted with changes: ***** Item #16A1 APPROVAL OF BUDGET AMENDHENT RECOGNIZING POSITIVE CARRY FORWARD VARIANCE IN THE POLLUTION CONTROL FUND (114) IN THE AMOUNT OF $108,230.00 Item #16A2 ASSIGNHENT AGREEHENT FOR EASEHENT FOR PELICAN HARSH, UNIT 16 Item #16A3 RESOLUTION 98-137 ASSESSING A LIEN TO EFFECT THE ABATEHENT OF PUBLIC NUISANCE FOR CODE ENFORCEMENT CASE NO. 70502-091 - RECORD OWNER - CLAUDE E. LARUE, LOT 9, BLOCK 4, NAPLES MANOR ADDITION Item #16A4 RESOLUTION 98-138 ASSESSING A LIEN TO EFFECT THE ABATEMENT OF PUBLIC NUISANCE FOR CODE ENFORCEMENT CASE NO. 71009-072 RECORD OWNER - KELLY ANN MOHN & JAMES O. MOHN II, LOT 2, BLOCK 8, NAPLES MANOR LAKES Item #16A5 RESOLUTION 98-139 ASSESSING A LIEN TO EFFECT THE ABATEHENT OF PUBLIC NUISANCE FOR CODE ENFORCEMENT CASE NO. 80122-060 RECORD OWNER - HARIETA ALONSO, LOT 8, BLOCK 8, NAPLES MANOR ANNEX Item #16A6 RESOLUTION 98-140 ASSESSING A LIEN TO EFFECT THE ABATEHENT OF PUBLIC NUISANCE FOR CODE ENFORCEMENT CASE NO. 70528-053 RECORD OWNER - JORGE & ANGELA RAMOS, LOT 7, BLOCK 227, MARCO BEACH UNIT SIX Item #16A7 RESOLUTION 98-141 ASSESSING A LIEN TO EFFECT THE ABATEHENT OF PUBLIC NUISANCE FOR CODE ENFORCEMENT CASE NO. 70915-021 RECORD OWNER - FELIX LERCH FAMILY TRUST, LOT 17, BLOCK 13, NAPLES MANOR ADDITION Item #16A8 RESOLUTION 98-142 ASSESSING A LIEN TO EFFECT THE ABATEHENT OF PUBLIC NUISANCE FOR CODE ENFORCEMENT CASE NO. 70912-011 RECORD OWNER - DORIS G. HATHAWAY & HARLENE V. YORK, LOT 4, BLOCK 2, UNIT 1, TRAIL ACRES Item #16A9 RESOLUTION 98-143 ASSESSING A LIEN TO EFFECT THE ABATEHENT OF PUBLIC NUISANCE FOR CODE ENFORCEMENT CASE NO. 71015-040 RECORD OWNER - THOMAS WALSH, LOT 17, BLOCK 105, GOLDEN GATE UNIT 3 Item #16A10 RESOLUTION 98-144 ASSESSING A LIEN TO EFFECT THE ABATEHENT OF PUBLIC NUISANCE FOR CODE ENFORCEMENT CASE NO. 70917-004 RECORD OWNER - EHC HOLDINGS INC., LOT 17, PORT OF THE ISLANDS, PHASE TWO Item #16All RESOLUTION 98-145 ASSESSING A LIEN TO EFFECT THE ABATEHENT OF PUBLIC NUISANCE FOR CODE ENFORCEMENT CASE NO. 70918-057 RECORD OWNER - DANIELS, PHLEANY/J BROWN & BROWN, JENNIFER, LOT 5, AVALONE ESTATES, BLOCK 6, UNIT 1 Item #16A12 RESOLUTION 98-146 ASSESSING A LIEN TO EFFECT THE ABATEHENT OF PUBLIC NUISANCE FOR CODE ENFORCEMENT CASE NO. 70919-034 RECORD OWNER - LUIS VAZQUEZ PEREZ, LOT 10, BLOCK 294 OF MARCO BEACH UNIT EIGHT Item #16A13 RESOLUTION 98-147 ASSESSING A LIEN TO EFFECT THE ABATEHENT OF PUBLIC NUISANCE FOR CODE ENFORCEMENT CASE NO. 70919-038 RECORD OWNER - ETZER LALANNE, LOT 7, BLOCK 2, SOUTH IHMOKALEE HEIGHTS Item #16A14 RESOLUTION 98-148 ASSESSING A LIEN TO EFFECT THE ABATEHENT OF PUBLIC NUISANCE FOR CODE ENFORCEMENT CASE NO. 70923-010 RECORD OWNER - OVIEDO SILVAS, SECTION 4, TOWNSHIP 47 SOUTH, RANGE 29 EAST Item #16A15 RESOLUTION 98-149 ASSESSING A LIEN TO EFFECT THE ABATEHENT OF PUBLIC NUISANCE FOR CODE ENFORCEMENT CASE NO. 70923-034 RECORD OWNER - FLEET MORTGAGE CORP., LOT 9, BLOCK 62, GOLDEN GATE UNIT 2, PART 2 Item #16A16 RESOLUTION 98-150 ASSESSING A LIEN TO EFFECT THE ABATEHENT OF PUBLIC NUISANCE FOR CODE ENFORCEMENT CASE NO. 71001-084 RECORD OWNER - AYLIN C. TAivLAYO, LOT12, BLOCK 172, MARCO BEACH UNIT SEVEN Item #16A17 RESOLUTION 98-151 ASSESSING A LIEN TO EFFECT THE ABATEHENT OF PUBLIC NUISANCE FOR CODE ENFORCEMENT CASE NO. 71006-012 RECORD OWNER - CAROL GRANT, LOT 4, BLOCK 6, NAPLES MANOR ADDITION Item #16A18 RESOLUTION 98-152 ASSESSING A LIEN TO EFFECT THE ABATEHENT OF PUBLIC NUISANCE FOR CODE ENFORCEMENT CASE NO. 71010-024 RECORD OWNER - LLOYD SHEEHAN, LOT 16, BLOCK 6, NAPLES MANOR ADDITON Item #16A19 RESOLUTION 98-153 ASSESSING A LIEN TO EFFECT THE ABATEHENT OF PUBLIC NUISANCE FOR CODE ENFORCEMENT CASE NO. 71010-028 RECORD OWNER - GUY J. IARUSSI ET UX, A PORTION OF LINDA PARK, LOT 51, OF NAPLES GROVE AND TRUCK CO'S LITTLE FARMS NO. 2 Item #16A20 RESOLUTION 98-154 ASSESSING A LIEN TO EFFECT THE ABATEHENT OF PUBLIC NUISANCE FOR CODE ENFORCEMENT CASE NO. 71010-068 RECORD OWNER - WILLIAM D. COLLINS III, LOT 8, BLOCK 10, NAPLES MANOR ANNEX Item #16A21 RESOLUTION 98-155 ASSESSING A LIEN TO EFFECT THE ABATEHENT OF PUBLIC NUISANCE FOR CODE ENFORCEMENT CASE NO. 71014-030 RECORD OWNER - THOMAS P & LORI HANEY JR, LOT 4, BLOCK 280, OF MARCO BEACH UNIT EIGHT Item #16A22 RESOLUTION 98-156 ASSESSING A LIEN TO EFFECT THE ABATEHENT OF PUBLIC NUISANCE FOR CODE ENFORCEMENT CASE NO. 71016-070 RECORD OWNER - DIHARCO & DIHARCO INC., LOT 21, BLOCK 279 OF MARCO UNIT EIGHT Item #16A23 RESOLUTION 98-157 ASSESSING A LIEN TO EFFECT THE ABATEHENT OF PUBLIC NUISANCE FOR CODE ENFORCEMENT CASE NO. 71021-215 RECORD OWNER - BORIS & EHOGENE L. PUKAY, LOT 11, BLOCK 1 OF MARCO BEACH UNIT ONE Item #16A24 RESOLUTION 98-158 ASSESSING A LIEN TO EFFECT THE ABATEHENT OF PUBLIC NUISANCE FOR CODE ENFORCEMENT CASE NO. 71030-123 RECORD OWNER - SUNBRELLA HOMES, INC., LOT 2, BLOCK 158 OF UNIT 4, PART 1, GOLDEN GATE Item #16A25 RESOLUTION 98-159 ASSESSING A LIEN TO EFFECT THE ABATEHENT OF PUBLIC NUISANCE FOR CODE ENFORCEMENT CASE NO. 71030-159 RECORD OWNER - RAM VENTURES INC. e FACOONEER TILE & MARBLE, LOT 14, BLOCK 106, GOLDEN GATE UNIT 3 Item #16A26 RESOLUTION 98-160 ASSESSING A LIEN TO EFFECT THE ABATEHENT OF PUBLIC NUISANCE FOR CODE ENFORCEMENT CASE NO. 71103-091 RECORD OWNER - ANNE LETERHE e JOSEF VAN DE PUTTE, LOT 9, BLOCK 311, MARCO BEACH UNIT NINE Item #16A27 RESOLUTION 98-161 ASSESSING A LIEN TO EFFECT THE ABATEHENT OF PUBLIC NUISANCE FOR CODE ENFORCEMENT CASE NO. 71121-014 RECORD OWNER - MARION L. JOHNSON, LOT 19, BLOCK 5, MAIN LINE SUBDIVISION Item #16A28 RESOLUTION 98-162 ASSESSING A LIEN TO EFFECT THE ABATEHENT OF PUBLIC NUISANCE FOR CODE ENFORCEMENT CASE NO. 71124-047 RECORD OWNER - BEVERLY ANN COLEMAN, LOT 33, MOHAWK HEIGHTS Item #16A29 RESOLUTION 98-163 ASSESSING A LIEN TO EFFECT THE ABATEMENT OF PUBLIC NUISANCE FOR CODE ENFORCEMENT CASE NO. 71210-009 RECORD OWNER - NATHANIEL & CHARLIE MAE GRAY EST, LOT 9, OF BLOCK TWO, MAIN LINE SUBDIVISION Item #16A30 RESOLUTION 98-164 ASSESSING A LIEN TO EFFECT THE ABATEHENT OF PUBLIC NUISANCE FOR CODE ENFORCEMENT CASE NO. 71215-079 RECORD OWNER - ROBERT J. & LESLIE K. FREDRICKSON, LOT 40, BLOCK 80, NAPLES PARK UNIT 6 Item #16A31 FINAL PLAT OF "PELICAN LAKE RV RESORT, PHASE FOUR" - WITH CONSTRUCTION, MAINTENANCE AND ESCROW AGREEMENT AND WITH STIPULATIONS AS DETAILED IN THE EXECUTIVE SUMMARY Item #16A32 FINAL PLAT OF "PELICAN LAKE RV RESORT, PHASE THREE" - WITH CONSTRUCTION, MAINTENANCE AND ESCROW AGREEMENTS AND STIPULATIONS AS DETAILED IN THE EXECUTIVE SUMMARY Item #16B1 CHAIRMAN AUTHORIZED TO EXECUTE A CONSENT ORDER WITH THE SOUTH FLORIDA WATER NLA/~AGEHENT DISTRICT (SFWHD) FOR PERMITTED ENCROACHHENTS INTO THE COCOHATCHEE CANAL Item #1682 - Deleted Item #1683 - Deleted Item #1684 CONTRACT #95-2430 RENEWED WITH KISSINGER, CAMPO AND ASSOCIATES CORP. FOR ENGINEERING SERVICES, BRIDGE AND STRUCTURE REPAIRS FOR A ONE YEAR PERIOD Item #1685 RESOLUTION 98-165 AUTHORIZING THE ACQUISITION OF ROAD RIGHT OF WAY, SIDEWALK, SLOPE, UTILITY, DRAINAGE, MAINTENANCE AND TEMPORARY CONSTRUCTION INTERESTS BY EASEMENTS AND/OR FEE SIMPLE TITLE FOR THE NORTH NAPLES ROADWAY MUNICIPAL SERVICE TAXING AND BENEFIT UNIT (LIVINGSTON ROAD) FROM IHMOKALEE ROAD (C.R. 846) TO THE LEE/COLLLIER COUNTY LINE, CIE PROJECT NO. 021 Item #1686 PERMANENT DRAINAGE EASEMENT ACCEPTED FROM SONMAR OF NAPLES L.L.C. TO REPLACE A TEHPROARY DRAINAGE EASEMENT Item #1687 RESOLUTION 98-166 CHANGING SPEED LIMITS FOR THE ROADWAYS IN GULF HARBOR SUBDIVISION Item #16D1 CONVERT EMERGENCY MANAGEMENT TECHNICIAN (PART-TIME) TO FULL TIME EMERGENCY MANAGEMENT COORDINATOR POSITION WITH FULL BENEFITS Item #16D2 - Continued to June 2, 1998 Item #16D3 CHAIRMAN AUTHORIZED TO SIGN A MEMORANDUM OF UNDERSTANDING FOR A SUHMER YOUTH PROGRAM WITH WORKFORCE COUNCIL OF SOUTHWEST FLORIDA Item #16D4 NECESSARY BUDGET AMENDMENT(S) APPROVED TO IDENTIFY REVENUE AND EXPENSES IN THE RETIRED AND SENIOR VOLUNTEER PROGRAM OF COLLIER COUNTY (116) Item #16D5 NECESSARY BUDGET AMENDMENT(S) TO APPROPRIATE CARRY FORWARD IN THE RETIRED AND SENIOR VOLUNTEER PROGRAM OF COLLIER COUNTY (116) Item #16D6 - Moved to Item #8D3 Item #16D7 CHAIRMAN AUTHORIZED TO EXECUTE ADDENDUH TO COOPERATIVE AGREEMENT WITH THE DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES DIVISION OF FORESTRY AND COLLIER COUNTY Item #16D8 BUDGET AMENDENT APPROVED FOR EMERGENCY MODIFICATIONS AND ADDITIONS TO EXISTING MAIN CAMPUS CHILLER PLANT Item #16El APPROVED BUDGET AMENDMENT NO. 98-221 Item #16E2 - Moved to Item #BE1 Item 16G1 MISCELLANEOUS CORRESPONDENCE - FILED AND/OR REFERRED The following miscellaneous correspondence as presented by the Board of County Commissioners has been directed to the various departments as indicated: Item #1611 RETENTION OF OUTSDE COUNSEL AND LEGAL FEES FOR THE COLLIER COUNTY CODE ENFORCEMENT BOARD MEMBERS AND A COUNTY EMPLOYEE IN THE CASE OF JAMES K. KEISERAND SOUTHERN EXPOSURE OF NAPLES, INC. V. COLLIER COUNTY, ET AL There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 11:57 a.m.. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL ATTEST: DWIGHT E. BROCK, CLERK BARBARA B. BERRY, CHAIRPERSON These minutes approved by the Board on as presented or as corrected TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICE, INC., BY CHERIE' R. LEONE, NOTARY PUBLIC