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BCC Minutes 05/05/1998 R REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, May 5, 1998 LET IT BE REMEMBERED, that the Board of County Commissioners, in and for the County of Collier, and also acting as the Board of Zoning Appeals and as the governing board(s) of such special districts as have been created according to law and having conducted business herein, met on this date at 9:00 a.m. in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRPERSON: Barbara B. Berry Pamela S. Mac'Kie John C. Norris Timothy J. Constantine Timothy L. Hancock ALSO PRESENT: Robert Fernandez, County Administrator David Weigel, County Attorney Item #3 AGENDA AND CONSENT AGENDA - APPROVED AND/OR ADOPTED WITH CHANGES CHAIRPERSON BERRY: Good morning. I'd like to call to order the May 5th meeting of the Collier County Board of Commissioners. We're pleased to have with us this morning the Reverend Elwood Kern from the Naples Church of God. If you'd rise for the invocation, remain standing for the pledge. REVEREND KERN: Our God and Father, we approach you this morning for your guidance and for your direction. I pray that what I do here is not merely traditional and ceremonial, but that what we do here is meaningful and sincere. We thank you for our forefathers, and we thank you for the founders of this nation, and that today there still continues in government bodies the recognition of needed help from the Almighty. We have your assurance and your promise that when we seek your face, that we will find you and you will give us the help that we need. It's your divine will that there be government and that there be law and order and rule among your people, and you have placed in the hands of this body that responsibility. And I pray, oh God, that they will appeal to you in those times when they need help outside of themselves. And that's most of the time. I pray your blessing upon each and every one of them individually, and that you will have your guidance in their deliberations today. And now we commit this county, this beautiful city, this beautiful area to you and to your keeping, and we believe that ultimately you rule in the affairs of men, until that great day when your son comes to take up his title of King of kings and Lord of lords, and it's in his name that we pray and believe. Amen. (The Pledge of Allegiance was recited in unison.) CHAIRPERSON BERRY: Thank you, Reverend Kern. Good morning, Mr. Fernandez. MR. FERNANDEZ: Good morning, Madam Chairman. CHAIRPERSON BERRY: Before we do get started, I would ask that all of you remember the Arnold Glass family. As you all may -- many of you sitting in this room know, Arnold was a former county commissioner and served his county well, and unfortunately, came to an untimely death at -- when you're my age, it seems very young. COMMISSIONER MAC'KIE: It is young. CHAIRPERSON BERRY: At any rate, certainly our sympathies go out to the family of Arnold, and we'll be thinking about them today. Also, there is a service tonight at Hodges Funeral Home. I believe the viewing is from 4:00 to 6:00, with a funeral to follow at 6:00. Mr. Fernandez, do we have any changes to our agenda, please? MR. FERNANDEZ: Yes, Madam Chairman, we have four items. The first is to add item 8(A)(6); this is to approve funding for ASA Properties, in-line skating competition, $40,000 in tourist development funds. Staff request. The second is to add item 10(D), which is the appointment of a commissioner to the noise compatibility committee. Request of Commissioner Berry. Then we have two deletions. The first is the deletion of item 8(A)(3). This is Albert and Germaine Von Steinner, requesting a waiver of the fee for an administrative variance for a dock at 339 Landmark Street, Marco Island. COMMISSIONER MAC'KIE: I wondered how we were going to do something on Marco Island. MR. FERNANDEZ: Staff request. And the last item is to delete 16(A)(2), a request to approve recording the final plat of Wildcat Cove Two and approve the vacation of a portion of Sterling Oaks Drive, and portions of the plats of Sterling Oaks and Wildcat Cove. Petitions AV-97-024 and AV-97-026. Staff req u est. CHAIRPERSON BERRY: Okay. Commissioner Mac'Kie, do you have any changes? COMMISSIONER MAC'KIE: No, ma'am. Just a note for your information that a representative from the Republican Executive Committee who's here to talk about their proposed ordinance has depositions at 10:00, and I'm hopeful that maybe we could take that item at 9:30 or sometime so that we could hear from him -- CHAIRPERSON BERRY: Okay. COMMISSIONER MAC'KIE: -- before the depos. CHAIRPERSON BERRY: Okay. Commissioner Norris? COMMISSIONER NORRIS: There will be a discussion item. CHAIRPERSON BERRY: Okay. Commissioner Constantine? COMMISSIONER CONSTANTINE: I have one discussion item referencing surplus land by the landfill. CHAIRPERSON BERRY: Okay. This is going to come under Board of County Commissioners? COMMISSIONER CONSTANTINE: Yeah, just a communication item. CHAIRPERSON BERRY: Okay. Commissioner Hancock? COMMISSIONER HANCOCK: Just one communication item also. CHAIRPERSON BERRY: All right. Do I have a motion then? MR. FERNANDEZ: Madam Chairman -- COMMISSIONER CONSTANTINE: Move to approve the agenda and consent agenda as amended, pending the county administrator's comments. MR. FERNANDEZ: I apologize. We have another item that I neglected to mention -- CHAIRPERSON BERRY: Okay. MR. FERNANDEZ: -- that we're going to try to get the backup for you. Mr. Cautero can describe it in more detail than I'm able to. It has to do with the housing project. And he may describe it a little more. MR. CAUTERO: Vince Cautero, for the record. Madam Chairman, commissioners, with your indulgence. We received information late last week -- and we have the backup documentation for you and we're going to hand it out -- that deals with our ability to receive entitlement funds from the Community Development Block Grant Program, the Housing and Urban Development Department. We are going to ask you to review letters to the elected officials in the three municipalities and ask if they will join in this program with us in order to use their population to become an '- COMMISSIONER MAC'KIE: That's great. MR. CAUTERO: -- entitlement community to receive funds. CHAIRPERSON BERRY: Okay. What item would this come under? MR. FERNANDEZ: 8(A)(7). COMMISSIONER CONSTANTINE: I'll amend my motion to reflect that change. COMMISSIONER MAC'KIE: Second. CHAIRPERSON BERRY: Okay, we have a motion and a second to amend our previous motion. All in favor? (Unanimous vote of ayes.) Opposed? (No response.) CHAIRPERSON BERRY: Okay, now let's go back to what we've done here. Approval of the agenda then? COMMISSIONER HANCOCK: That has been -- COMMISSIONER MAC'KIE: Motion to approve. COMMISSIONER CONSTANTINE: That was my motion. COMMISSIONER MAC'KIE: I know. Can't hurt to do it twice. CHAIRPERSON BERRY: Okay. Item #4A MINUTES OF APRIL 14, 1998, REGULAR MEETING - APPROVED AS PRESENTED COMMISSIONER HANCOCK: We're at item four, approval of minutes, I believe. CHAIRPERSON BERRY: Okay, let's move on to item four, approval of the minutes. COMMISSIONER HANCOCK: Motion to approve the minutes of April 14, 1998 regular meeting. COMMISSIONER NORRIS: Second. CHAIRPERSON BERRY: We have a motion and a second. All in favor? CHAIRPERSON BERRY: Motion carries five-zero. Item #5A1 PROCLAMATIONS PROCLAIMING THE WEEK OF MAY 3-9, 1998 AS COLLIER COUNTY WEEK - ADOPTED Moving on then to proclamations. And this morning, I am pleased to be able to present a Collier County Tourism Week proclamation. If Mr. Ayres would come forward from Visit Naples, we will read the proclamation. Do you want to come on up here, John, and face the camera or do you want to stay there? MR. AYRES: I'm fine right back here. CHAIRPERSON BERRY: Whereas, the travel and tourism industry supports the vital interests of Collier County, contributing to our employment, economic prosperity, peace, understanding and goodwill; and Whereas, travel and tourism ranks as one of Collier County's largest industries in terms of revenues generated; and Whereas, approximately 3,000,000 travelers visiting Collier County contributed 27.53% of the annual taxable sales to the economy in 1997; and Whereas, those travelers provided jobs for approximately 22,000 citizens in Collier County; and Whereas, travel and tourism provides employment for more people than any other industry; and Whereas, given these laudable contributions to the economic, social and cultural well-being of the citizens of Collier County, it is fitting that we recognize the importance of travel and tourism. Now therefore, be it proclaimed by the Board of County Commissioners of Collier County, Florida that the week of May 3rd through the 9th, 1998 be designated as Collier County Tourism Week. Done and ordered this 5th day of May, 1998, Board of County Commissioners, Barbara B. Berry, Chairman. Commissioners, I would like to move acceptance of this proclamation. COMMISSIONER MAC'KIE: Second. CHAIRPERSON BERRY: We have a motion. All in favor? Opposed? (No response.) CHAIRPERSON BERRY: Motion carries five-zero. (Applause.) If you'd like to say a few words, Mr. Ayres, we'd appreciate that. MR. AYRES: Thank you very much. On behalf of the 22,000 odd people that either directly or indirectly are represented by Visit Naples, Inc. -- I was going to bring them all with us this morning, but we couldn't get a bus big enough to get them in and so that resolved the problem of fitting them in the room. But again, thank you very much. We appreciate the cooperation that we've had over the years, and we enjoy helping tourism along in this community and working with you. Thank you. CHAIRPERSON BERRY: Thank you very much. And also, I believe there's another young lady sitting out there that's involved with Visit Naples. Tammy, would you stand up, please? Tammy Matthews. MS. MATTHEWS: Thank you. CHAIRPERSON BERRY: Thank you for being here this morning as well. Item #5A2 PROCLAMATION PROCLAIMING SATURDAY, MAY 9, 1998 AS NATIONAL ASSOCIATION OF LETTER CARRIERS' NATIONAL FOOD DRIVE DAY - ADOPTED Moving on then. A proclamation. Mr. Constantine. COMMISSIONER CONSTANTINE: Thank you, Madam Chairman. I believe we have Linda Kelley, who is the food drive coordinator for our postal food drive. Linda, if you'd come up. And unlike John, we're going to try to get you over here in front of the camera where everybody can see you. And we have the following proclamation: Whereas, the National Association of Letter Carriers has identified a need in their communities and are acting to help through a national food drive; and Whereas, postal employees in Naples and Marco are participating in this food drive for the sixth consecutive year; and Whereas, the food given in this food drive will be donated to Collier Harvest to meet the needs of the county by supplying the many local food pantries which serve the hungry and homeless; and Whereas, last year our area ranked with the top 200 branches nationwide in collecting over 80,000 pounds of food from postal customers in Naples and Marco; and Whereas, Collier County is proud to thank all those who donate food and the postal employees who put in the extra effort that makes each year a success. Now therefore, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that Saturday, May 9, 1998 be designated as National Association of Letter Carriers' National Food Drive Day. Done and ordered this 5th day of May, 1998. BCC, Barbara B. chairman -- Barbara B. Berry, Chairman. Madam Chairman, I'd like to make a motion we approve this proclamation. COMMISSIONER NORRIS: Second. CHAIRPERSON BERRY: We have a motion and a second. All in favor? Opposed? (No response.) CHAIRPERSON BERRY: Motion carries five-zero. (Applause.) MS. KELLEY: On behalf of postal employees from Naples and Marco, I'd like to thank the Commissioners for recognizing this important event. In 1997, the efforts of Collier County residents and postal employees collected over 40 tons of food. All of this food stayed here in Collier County. Collier Harvest, our partner in this effort, is -- was able to supply over 30 agencies with food for over four months. And again, all of that stayed right here in Collier County. It's so easy for everybody to help in this effort. All it takes is walking to your mailbox, placing unopened, nonperishable food at or on your mailbox on Saturday, May 9th. Your letter carrier, as they make their regular deliveries that day, will pick up the food for you. It's that easy. We'd like to encourage everybody to participate. Tell your friends, your neighbors to help us out. This is such a great worthwhile effort. Unfortunately, hunger is a terrible problem here in this country. And this has become the largest single day effort against that problem with over 75 million pounds of food nationally collected. So please, help us out. It's easy, and we thank you for recognizing us. CHAIRPERSON BERRY: Thank you very much. COMMISSIONER MAC'KIE: Thank you. CHAIRPERSON BERRY: Appreciate your being here. (Applause.) Item #5B EMPLOYEE SERVICE AWARDS - PRESENTED CHAIRPERSON BERRY: Commissioner Norris, I believe you have some service awards this morning. COMMISSIONER NORRIS: Thank you, Madam Chairman. I do indeed. I have four. Our first one goes to Armando Lago from road and bridge for five years of service. (Applause.) Our next one is to Sandra Garrett for five years from our department of revenue. (Applause.) Next we have Eric Cline for 10 years from our water department. (Applause.) We have John Katzenberger from EMS with also 10 years of service. (Applause.) CHAIRPERSON BERRY: Thank you so much. COMMISSIONER HANCOCK: Do you get time and a half at EMS for years of service? Item #5C1 PRESENTATION COMMEMORATING THE 75TH ANNIVERSARY OF THE CREATION OF COLLIER COUNTY- PRESENTED CHAIRPERSON BERRY: And our next item on the agenda is commemorating 75 years of Collier County. If we could have Mr. Jamro come forward, our museum director. COMMISSIONER CONSTANTINE: You know the old saying, big events bring the stars out. COMMISSIONER MAC'KIE: There you go. COMMISSIONER CONSTANTINE: We have the stars with us today. COMMISSIONER MAC'KIE: They're here. MR. JAMRO: Good morning, Commissioners. Ron Jamro, your museum director. Three days from today, on May 8th, 1923, 75 years ago, Florida Governor Carey A. Hardee in Tallahassee formally signed senate bill number 149, chapter 9362, an act that created Collier County as Florida's 62nd county. Sixty days later, on the afternoon of July 7th, 1923, the first Board of County Commissioners met at the Rod and Gun Club in Everglades to begin governing a county larger than the State of Delaware but with less than 1,200 citizens. This founding board, George Washington Storter, Jr., of Everglades, for district one; Jack T. Taylor from Deep Lake, for district two; James Madison Barfield of Caxambas, representing district three; William D. Collier, from Marco Island for district four; and Adolphes Carson of Immokalee, for district five. COMMISSIONER HANCOCK: And nobody from North Naples? COMMISSIONER MAC'KIE: What North Naples? COMMISSIONER NORRIS: Nobody from Golden Gate? MR. JAMRO: They put in motion the 75-year tradition of dedicated leadership, outstanding community service and good government that carries on to the present day through you, our current Board of County Commissioners. To commemorate this landmark occasion, the Collier County Museum and friends of the museum are represented here today by Ron Mangold, the friends' president, are pleased and honored to present you with a photograph of that historic moment, showing Governor Hardee and the county's namesake, Barron Gift Collier, bringing the county into being. Ron, if you would present the photo. Thank you. CHAIRPERSON BERRY: Thank you so much. We will display this in a very prominent place. This is a piece of history, so thank you so much. COMMISSIONER NORRIS: Thank you forthat. COMMISSIONER MAC'KIE: Thank you. It's wonderful. COMMISSIONER HANCOCK: So will we be. COMMISSIONER MAC'KIE: Not about prominent -- CHAIRPERSON BERRY: It's really nice. COMMISSIONER MAC'KIE: --just history. MR. JAMRO: We would also like to present you with this framed historic reproduction of the act that created Collier County 75 years ago. Signatures. (Applause.) MR. JAMRO: And even though we're celebrating three days early, a 75th birthday celebration certainly deserves a cake, as presented to you from the friends of the museum as well today, and get my lovely assistant to wheel in the cake. COMMISSIONER MAC'KIE: It's Vannah. MR. JAMRO: Deborah Gardner, from the museum. COMMISSIONER NORRIS: Can we adjourn the meeting? CHAIRPERSON BERRY: I think it's probably fitting that we do that. COMMISSIONER MAC'KIE: Isn't that great? COMMISSIONER HANCOCK: It's a good day to be here, folks. COMMISSIONER MAC'KIE: Look at that, guys. It has the seal. MR. JAMRO: And no birthday is complete without guests. And today we've invited some very special people, your colleagues and former county commissioners to join us for today's celebration. We have Sam Saadeh from the county administrator's office who will present them to you. Sam, if you would. CHAIRPERSON BERRY: Why don't we turn the cake around so they can -- maybe hold it up. MR. SAADEH: Good morning, Commissioners. CHAIRPERSON BERRY: No, just tilt it up a little bit and maybe that way they can see it. COMMISSIONER HANCOCK: I'm seeing America's Funniest Video about to happen. MR. SAADEH: I'd like to recognize in no particular order to you this morning the following commissioners that were able to join us for this special occasion: Commissioner Mary Francis Kruse, Commissioner Burt Saunders, Commissioner Lorenzo Walker, Commissioner Fred Voss, Commissioner John Pistor, Commissioner Russ Weimer, Commissioner Richard Shanahan, and Commissioner Michael Volpe. Thank you for being here this morning. (Applause.) COMMISSIONER CONSTANTINE: And I believe also not joining us, maybe not on the list, Commissioner Betty Matthews. COMMISSIONER MAC'KIE: Here she is, Betty. COMMISSIONER HANCOCK: Someone is going to have to blow out the candles, you realize. CHAIRPERSON BERRY: Lorenzo, if you'd do the favors of extinguishing the candles, we would appreciate that. MR. SAADEH: I'd like to add Commissioner Betty Matthews. I apologize. I didn't add that. CHAIRPERSON BERRY: Lorenzo, that's correct, you were the only one that served while the commission was in -- MR. WALKER: Let me give you just a little bit of history. CHAIRPERSON BERRY: Okay, good. COMMISSIONER MAC'KIE: Thanks. CHAIRPERSON BERRY: You-all stay up here and -- MR. WALKER: I can't be up here and not say anything. COMMISSIONER HANCOCK: Once in office, always in office. MR. WALKER: I'm proud to have been a resident of Collier County from the moment it was formed until the present. Having been born on Marco Island, Lee County, Florida, three years before Collier County was formed, I served as county commissioner from November, 1950 to November, 1956 when the courthouse was in Everglades, with a tremendous salary. We got $6 a month meeting and $7.20 a month travel allowance, so I got $13.20 to drive to Everglades to meet one day. Then in November, 1956, I went to the Florida legislature where I stayed 'til November, 1974. You know, for the first ten years that was a tremendous salary. I got $100 a month. It had gotten up to $5,000 the last two years that I was there. But I have enjoyed being a part of this county from its rounding until today. And I was honored to be able to blow out the candles. Thank you. CHAIRPERSON BERRY: Thank you. (Applause.) I thank all of you that are here this morning to be able to witness a piece of history and to also thank the former commissioners that are here and legislators. I think that this is a real honor and it's certainly an important occasion for Collier County. We appreciate your being here and taking the time to come out and be with us this morning in this celebration. MR. WALKER: Thank you. CHAIRPERSON BERRY: Thank you all very much. COMMISSIONER MAC'KIE: Do we get the cake now? CHAIRPERSON BERRY: And I think they're going to take the cake in and make it available. COMMISSIONER MAC'KIE: Follow the cake. MR. SAADEH: We'd like to invite all the commissioners for cake and coffee in your conference quarters. COMMISSIONER HANCOCK: Hopefully that's only the first of two 75th birthdays I'll celebrate. COMMISSIONER MAC'KIE: Isn't that cool? CHAIRPERSON BERRY: Just turn it around and let's keep it up here. Wonderful. I'm wondering, though, if we shouldn't display it over in the museum. We're pleased to have it. I just don't want anything to happen. Thank you so much. COMMISSIONER NORRIS: Enough of these banal sentimentalities. COMMISSIONER MAC'KIE: I'm just thinking what a thrill. CHAIRPERSON BERRY: I was just kind of thinking about where I'd be the next 75th birthday, and '- COMMISSIONER CONSTANTINE: Actually, it's funny, because each time when we do an anniversary, like -- or if someone's been with us 20 years, Tim and I look and go okay, let's see, I was in sixth grade. We looked at each other and said, all right, 75 years, my dad was '- COMMISSIONER MAC'KIE: And to have Lorenzo Walker here who met in Everglades City, I mean, that's just -- CHAIRPERSON BERRY: I agree. In the beginning of the county. You know? COMMISSIONER MAC'KIE: He was here before it was formed. CHAIRPERSON BERRY: It's kind of a neat experience, I think. COMMISSIONER MAC'KIE: Awesome. Item #10B DISCUSSION AND CONSIDERATION OF RESOLUTION AND DRAFT ORDINANCE ON ETHICS ADOPTED BY THE COLLIER COUNTY REPUBLICAN EXECUTIVE COMMITTEE ON APRIL 6, 1998 - ADMINISTRATIVE ASSISTANT TO THE BCC DIRECTED TO ADVERTISE FOR AN ETHICS ORDINANCE REVIEW COMMITTEE CONSISTING OF 5 MEMBERS, ONE FROM EACH DISTRICT CHAIRPERSON BERRY: All right. Moving on then to report to the County -- Board of County Commissioners regarding current and proposed procedures applicable to requests for waiver of established development review and building permit fees. Mr. Mulhere. COMMISSIONER MAC'KIE: Madam Chairman? CHAIRPERSON BERRY: Yes, ma'am. COMMISSIONER MAC'KIE: Can I ask maybe after this item -- I'm getting signals from the back of the room that we've got those depositions before the -- if we might be able to move it up on the agenda to get to the ethics issue so that we can have that presented by the drafter? It's actually 10(B). So if we go in order, I doubt we'll get to it in time for Mr. Rankin to speak. CHAIRPERSON BERRY: What's the desire of the commissioners? COMMISSIONER HANCOCK: I guess I have a concern on the other end, which is it being late in the agenda, I wonder how many people may not have decided to be here at 9:30 to discuss the item. I don't want to exclude anyone either, but '- COMMISSIONER MAC'KIE: It's such a shod agenda. It seems like if anybody thought they were going to speak they'd be here, it seems to me. CHAIRPERSON BERRY: What's the desire of the commission? COMMISSIONER NORRIS: I don't have strong feelings either way. It doesn't matter to me whether -- leave it to the Chairman. That's why you get the big bucks. CHAIRPERSON BERRY: That's why I get the big bucks, that's right. Mr. Mulhere, we'll ask you to have a seat for a few minutes to accommodate '- MR. MULHERE: Absolutely. CHAIRPERSON BERRY: -- if this is all right with you. Mr. Rankin, get up here and plead your case. MR. RANKIN: Yes, Commissioners and Chairman. I apologize. Fred just told me last night that he had trial today, so I'm trying to squeeze this in between depositions that have been scheduled for a long time. Basically '- COMMISSIONER MAC'KIE: You need to identify yourself for the record. MR. RANKIN: Basically, Commissioners, we're just trying to put forth something that will '- COMMISSIONER MAC'KIE: Doug, you need to -- CHAIRPERSON BERRY: Identify yourself. MR. RANKIN: I'm sorry, Douglas Rankin. I'm the chairman of the campaign activities committee of the Collier County Executive Committee, and I am also here on behalf of Fred Hart, the chairman of the Republican Executive Committee. We proposed an ethics ordinance for two reasons: One, for public confidence, and two, for the benefit of you commissioners. Because there's no question that the current system that was created when '- by a certain other party, of which I'm not a member, in Tallahassee, when they used to control this state, has got some really serious problems. Quite frankly, the current system is a joke and it takes too long. The kind of proposal we're proposing has some real teeth in it and it -- also, importantly for you-all's benefit, you'll very quickly know if somebody files a complaint whether it's going to go anywhere or not. The state attorney in this area I have been dealing with for a long time; 15 years I've been here. In fact, several members of our committee and our board of our committee are former state attorneys. And I will tell you, they take very seriously that situation where when they have to stand up in front of a notary and swear out an information on somebody, that they have the stuff to do it. And they also are very quickly to take those nonsensical foundless complaints that may be filed and send them where they need to be sent. And that is the reason why we wanted to go with this type of ordinance. All I have seen that Commissioner Constantine's prepared is the memorandum that's out there for public view. I do have a few problems with it. And let me tell you, we're not really married to our current draft, but there are some points that I think need to be brought up. Basically I will admit, and so will the entire committee, admit to plagiarism on our current draft. We got things to Representative Saunders and some others, because, see, everything has to be filed at the Secretary of State's Office. We had him pull them from all over the state. We plagiarized the best of all of them and put it together. The only thing we did, unlike what's been proposed at the city -- and I would comment on that -- we just stuck to the one item of ethics. We left out all the other stuff about revolving door and all that, another day, another dollar. We wanted to keep it simple. We remember the KISS principle here. But I think that any ordinance must prohibit gifts, number one. Number two, it must be a crime to violate it. Because -- and I'm not meaning to pick on Commissioner Constantine here, because he's just the one that made the other proposal. The -- on the second page of his proposal here, the state attorney will either -- like I said, either do something or not. And the other wonderful thing about criminal situations is any violation of your ordinance is a misdemeanor. And in this state we have a speedy trial rule. The minute that state attorney stands up and swears out an information on the person and they get -- they pick him up and fingerprint him or do whatever they do with him, they have 90 days, unless the subject's counsel waives it, to bring that matter to trial in this state. And that's it. The problem with this three judge panel is -- and this is no criticism on our local judges, it's just a problem of living in the fastest growing community in the nation. This is just one civil judge. I picked up the phone yesterday for a 10-minute hearing July 10th. And you try and get three of them together and you're going to have a real problem. The other problem you're liable to run into in that kind of situation is that if necessarily some of these ethical breaches could involve criminal matters. So what you would be doing is you'd be disqualifying three of our judges -- and we don't have that many judges -- from hearing that criminal matter, which would be a potential problem. The other thing is this thing still involves the state system. And the state system really doesn't have any teeth in it. It takes forever. I think basically any proposed ordinance needs to A, prohibit gifts, except for the commonsense things, you know, and we've tried to deal with them. And we need a couple more commonsense things, like $25 or something like that. Number two, it needs to involve a crime. That way we don't have a board in Tallahassee -- which, by the way, can't even do anything, you know. If murders were prosecuted the way this current system works, I could walk up here and shoot this nice lady and unless somebody filed a complaint, they couldn't do anything about it. COMMISSIONER HANCOCK: Well, her husband would shoot you back. MR. RANKIN: Well, I'm joking. But that is technically the way the current system works. And if I happen to pick somebody that nobody particularly liked, oh, well, you know. You know, that's not right. This way we're going to have all the police officers of all -- and a sheriff, whatever, and the state attorney's office out there as the watchdogs on this thing, and all the citizens who could file a complaint with them. But we're still going to have that filter. We're going to have the filter in that that's what we have the state attorney for. He either finds evidence or he doesn't. He either prosecutes or he dumps it. And that happens fairly quickly. And then we have the speedy trial rule. That's the other thing that I think would be very helpful. You know, of any of the matters that would then come up, we're a part of an ordinance like this, they would have been long disposed of long ago. And, you know, the gift -- you know, I think the gift, the way we've ordered it, takes into account the business interests. Now, the problem with some of the business -- and, you know, you've got -- and you've got to be careful with the business interests, because I just saw the other day some very good comments in an ordinance that's being considered at the city where -- because your zoning department inspects theoretically every dwelling and business in the community. So if you prohibited all business interests that had anything to do with the county, you'd be prohibiting them all, basically. COMMISSIONER CONSTANTINE: Occupational licenses. MR. RANKIN: Yeah, so occupational licenses. COMMISSIONER CONSTANTINE: Literally. MR. RANKIN: You've got to be careful of that kind of thing. And that kind of tweaking. But I think you're basically -- you know, we tried to keep it -- and as I said at the meeting where Commissioner Hancock was there, and he got up and spoke for this ordinance, is that we've tried to keep it very simple, very to the point and very straightforward. And we've tried to put in as many commonsense exceptions and as many safeguards as we can so that the public out here is going to know and have confidence in their government, even more than they do now, and that you commissioners and the other persons that are affected by this ordinance are going to know that if somebody files a complaint, it's going to be dealt with, it's going to be dealt with quickly, fairly and decisively. And that's all I have to say. If anybody has any questions -- I apologize for this, but I can't move the world. COMMISSIONER MAC'KIE: Madam Chairman? CHAIRPERSON BERRY: Commissioner Constantine, and then Pare. COMMISSIONER CONSTANTINE: Doug, I appreciate that, and I appreciate the party doing what they can. While I may disagree with some of the specific points, I think everybody has the same intent here, and that is to make sure we've got as streamlined a process and as clean a process as we possibly can. I do -- I'm glad you mentioned the one point there with -- the wording the way it appears currently does say anybody that's governed by the county, which would literally be anyone who does any business in Collier County because of occupational licenses. And that's really where in my suggestion, when I got to the business end, I said anybody who you could reasonably foresee coming to the board for something. Because if somebody needs to go fill out a slip at Horseshoe Drive, that's not our concern. But if you're dealing with a land developer or dealing with attorneys who are likely to come here or dealing with anyone who is -- one could rationally assume has a reason to come before the board, plain and simple, we just ought not be doing that. And so if we can craft the appropriate legal wording to meet that criteria, then that's something we probably ought to pursue. And I think regardless of whether either commissioners who have questions raised have done anything wrong or not, the perception both stems from business outside the county with entities that then somehow were connected to the county. And so maybe we can stop those questions from ever even being raised in a process like that. Couple other problems I have with the specific suggestion that was made. One, it encompasses, if I've read this correctly, all employees. And when we talk about gifts and all employees, I'm thinking of that $8.50 an hour 22-year-old utility worker who somebody wants to take out on a date, and she has to go Dutch and she can't accept flowers when he sends them the next day because it's worth more than 25 bucks. MR. RANKIN: I agree with you, Commissioner. In fact, I might want to share with you something that I just got last night, which was the city manager's comments to the proposed ordinance over there at City Hall. And even though it contains a lot more than the one we presented, some of the base problems are the same. And one of the suggestions he made -- since I'm plagiarizing, I want to give credit where credit's due -- is he said managerial only, and elected only. And I think that's a very good point. And that's the kind of tweaking that I think -- but I think the points we want to stick to is it's got to be a crime and it's got to cover gifts, too. COMMISSIONER CONSTANTINE: Well-- and I guess I disagree. While I agree with you, you're very first statement was that the current system is flawed. And it absolutely is. But I disagree somewhat on the gifts, and I'll tell you why, is because any gift from anybody who does anything with the county or falls into that lobbyist category, over $25 is regulated anyway. And I don't think it's a problem. I was talking with Corben Lyon at the newspaper about this a couple of months ago, and I said if my college roommate from 15 years ago sends me a Christmas wreath every year worth 50 bucks, that doesn't have anything to do with the county. Or if Commissioner Mac'Kie gets married this coming year, and should she be prohibited from getting wedding gifts? Or when Commissioner Hancock had a baby a year ago, should his wife have been prohibited from having a bridal shower? COMMISSIONER HANCOCK: My daughter's two. Is there something I don't know? COMMISSIONER CONSTANTINE: Whoa, two years ago. COMMISSIONER MAC'KIE: Wait, wait. And we hope it was a baby shower, not a bridal shower. CHAIRPERSON BERRY: A baby shower, not a bridal shower. COMMISSIONER CONSTANTINE: I'm sorry, yeah. COMMISSIONER MAC'KIE: That's all right, the girls in the room notice those things. COMMISSIONER CONSTANTINE: The point was made, the verbiage wasn't. But the point being, I think we can take that to a level of absurdity. I was just reading in the newspaper, and it was on the national news a couple nights ago, there was a girl up in the Midwest, an eight-year-old, ten-year-old girl got in trouble for helping out one of her roommates -- classmates. On the bus driving home, one girl had an asthma attack. This girl also had asthma and had a little prescription inhaler and gave her friend the inhaler so she could breathe. And now on her school records for the next three years has a notation that she was dealing in contraband because of the regulation. And the quote from the school administrator was it's too bad, but it will appear there because that's what the regulations require. And obviously that's absurd. That crosses commonsense. A little kid helps another little kid, and it crosses some commonsense regulation. MR. RANKIN: Which is, by the way -- COMMISSIONER CONSTANTINE: But I think what we need to be careful of here is when I get that Christmas wreath from my buddy in Portland, Maine, that doesn't have a darn thing to do with the commission. So I think we need to be very careful not to go to the level of absurdity here. And I see -- I don't see a problem having arisen here or with any of those folks who were in the front row this morning from getting an eight dollar sandwich or a twenty-five dollar item or a fifty dollar wreath from somebody. I see -- whether they're valid or not, I see complaints that have arisen from business. And we -- maybe we need to deal with that side. But it just seems to me if we have a commissioner who's opinion can be swayed by a six dollar sandwich, we've got a bigger problem than a gift law. And so that's why I tried to stick to the two areas, one being the business side and two being the time frame that it takes to get an answer back from the state. I've been working with Judge Baker on that, and we're actually going to meet I think this coming Friday with Judge Starnes on some of the intricacies, where you said we don't want a judge to disqualify themselves as part of the process. And we're trying to make sure that's workable and doable. The only intent there being neither the commissioner nor the public should have to wait 12 to 18 months. If we've got somebody who didn't do anything wrong, they're getting dragged through the mud for no reason. If we've got someone who did do something wrong, the public shouldn't be stuck with him for 18 months. And so by having the judges render some sort of advisory recommendation, at least we can get through that process sooner. And maybe the State Attorney's Office is the way to do that. I don't know. But I would like us to focus on those two issues. Business, where there's actually some sort of revenue being derived by a commissioner, and the time it takes to solve the problem when a complaint is made. I really don't see where it has been or where it is likely to be a problem when we're talking about twenty-five dollar trinkets. MR. RANKIN: I agree with you. And that's maybe a tweak. What you might want to do is up it to 50 or 100, or put in exceptions for the kind of normal things that you set forth there. The problem I had, though, is again with this three judge panel. And essentially the way this memorandum at least appears in this -- I just got it this morning, so I know -- is that it appears -- it still throws it back on this ethics commission. And also, it talks about the only thing you can really do -- this group suggests that the commissioner voluntarily resign. Well, I've run into a lot of politicians -- luckily not in this county but in other counties and other places in this world -- where they tell you well, that's nice, I'm not going to, have a nice day, and you're stuck with me, and there's nothing you can do about it, go away. And then you'll be stuck with the 18 months. And that's why I think you need to stick to the state attorney and move this ahead and make it a crime. The other thing is a recommendation. You know, we can say a lot about recommendations. Heck, the Republican Executive Committee made a recommendation in the last election. Shows you what good it did, you know. But I don't think any of them really carried through on that. And I'm not -- I'm not criticizing, but I'm just saying -- but on the other hand, everybody understands the conviction of a crime. You know, it's like a certain little problem going on in Washington right now with a certain high elected official from another party. You know, when you got into all this mishmash, the government and land deals, nobody understood that. But when you got into perjury or alleged suborning perjury, everybody understands that, they understand crimes, they understand that. And that in and of itself gives the governor the tools he makes to take away the voluntary question. COMMISSIONER CONSTANTINE: Just a final thought, and that is on one of the points you said. This is -- we haven't had to deal with some of these things in our community they have in other communities. And you look at the East Coast right now and some of the nonsense that went on in Miami at the ballot box and all, and it's kind of scary. But I think what's worth saying is we don't want to wait until there is a problem, but we're very fortunate. When you look at -- when we had that 75th anniversary this morning, and you look at the people who have been here and served in Collier County, we've been very lucky and we've had very, very good people who have served the public, and we haven't had some of the problems that some of the other communities have. And that's not to say we shouldn't go ahead and do something to make sure we don't ever, but credit where credit's due, we've got some pretty good folks over the years that have done a lot of hard work for our community. CHAIRPERSON BERRY: Commissioner Mac'Kie? COMMISSIONER MAC'KIE: Just to start out, that I'm thrilled that we're here and we're having this discussion. It's -- the great news is that we're finally facing the reality of needing to do something about this, and I'm thrilled that we are. What I hope that we're doing today or that the outcome of today's discussion will be is that we'll direct the county attorney to review this ordinance, to review other ordinances, to come back to us with recommendations. I don't think the committee intended to do much more than get this on the front burner, and I thank you for that. MR. RANKIN: That is correct, and in fact -- and thank you for reminding me, a comment I failed to make: You have very fine legal counsel here. I think the world of your county attorney here, and I would suggest that he maybe do the same thing we did, which is ask Burt Saunders or whoever to give 'era them all. Every ordinance in the whole state must be filed with the Secretary of State's Office. Get 'em over there, get 'em delivered, you know, and have 'em go through with them. But the main thing is we need to cover these points and we need to make it a crime. And that way we're going to ent -- we're going to put in a very quick situation in terms of whether it's a problem or not, and we're going to have a quick trial on it. COMMISSIONER MAC'KIE: And Doug, let me just finish by saying that what I hope we're going to do is give some general guidelines to our county attorney about the elements that we'd like to see covered in an ordinance. And I would like to see both the business conflicts and the gift issue covered. I would very much -- I am committed to seeing that it is in fact a crime that would be prosecuted by the state attorney because of the speedy trial rule, and frankly, because I wish so much that I could have had a quick review and it would accomplish what I know and greatly appreciate and respect Commissioner Constantine's goal here of trying to move the process along more quickly. And I have to admit that from my perspective it's that side of wishing we could hurry up and get a resolution to the question. I'll tell you, though, that on the question of whether or not we need to look at the business conflicts and gifts, in my particular case, the business conflicts complaint was dismissed at the earliest -- you remember how they talked about there are several levels? That was dismissed at the earliest level. So that was quickly dealt with and gone. And so all that remains for me is the gift issue. But I think that we need to deal with both of those, and if a majority of the board agrees, then we can direct the county attorney. What I hope he's going to be doing is looking at making it a crime, being more specific about what gifts have to be disclosed. I personally think that everybody's -- frankly, it's easy enough for me to just fill out a form that says I got a Christmas wreath from this guy, you know, from college. It's easier to me, and simpler, and makes the comfort level of the public increased if they know that we're just going to disclose everything we get. Like, for example, what you did with your wedding gifts. You don't have to go and ask somebody how much was it, but you don't have anything to hide because you disclosed them all. And that gives a great deal of comfort. Let's just disclose every gift. There may be some that are completely appropriate. And then the other point that's real important to me and that is on the business conflicts issue, that we ask our county attorney to draft an ordinance that avoids the corporate shell game. And what I mean by that, I've tried to think of how to articulate that clearly. And I guess the best way I can say it is if, for example, I represented an affiliate of Naples Community Hospital. They're an example in this community of a corporation that has a zillion subsidiaries. But we think of the NCH system as a system. We know that -- who they are. I know that if I represented some little subset of NCH, I'm not voting on any NCH issues. For me that is a conflict. If I did anything else, I would be playing a corporate shell game with -- you know, is it exactly this entity, are the shareholders exactly the same, are 51 percent of the partners the same? I'm not playing that game, and I wish that our ordinance would make that point clear as well. So just to wrap up, I wish that we would be clear that it's a crime, that state attorney's going to prosecute it, that all gifts are disclosed by elected officials maybe over $25. Maybe 10 -- I don't care what it is. And -- MP,. RANKIN: I'm sorry. COMMISSIONER MAC'KIE: Thank you, Doug. (Mr. Rankin leaves boardroom.) COMMISSIONER MAC'KIE: And that we avoid the -- in the business conflicts section we draft it so that you can't avoid a violation by the excuse of the corporate shell game. Those are my points. CHAIRPERSON BERRY: Commissioner Norris, and then Commissioner Hancock. COMMISSIONER NORRIS: Thank you. Well, I want to -- too bad Doug left. I was going to thank the executive committee for bringing this forward. A couple of comments. One of them, I think a lot of people are focusing on speeding up the process by going to the state attorney. I will remind everyone that maybe someone out there that doesn't know that I've had a complaint filed against me with the State Ethics Commission and the state attorney and neither one of them have been resolved yet. So I don't know that you're gaining a lot by going to the state attorney, maybe you will, under certain circumstances. Especially if we ask them to go on a timely basis and they understand the concern for going for a timely basis. We do finally have an interview scheduled. So it looks like the process is finally coming to -- COMMISSIONER CONSTANTINE: Four months later. COMMISSIONER NORRIS: -- a resolution. COMMISSIONER MAC'KIE: Yeah, a year later. COMMISSIONER NORRIS: It's not quite a year, but it's getting close. COMMISSIONER MAC'KIE: It's frustrating, though. COMMISSIONER NORRIS: Yeah, it is kind of frustrating that it goes this long. But my point is that the State Attorney's Office hasn't moved any faster than this Ethics Commission. Because we're having a joint interview, by the way, so -- That said, the other thing is, you want to -- most of the things that are in here are valid points and should be probably worked into a local ethics ordinance, if that's the way we're going to head. I think what I would caution is to watch out for unintended consequences. As this is drafted here, I think it says, as I read it, if you have any business transaction or professional activity -- COMMISSIONER MAC'KIE: I understand. COMMISSIONER NORRIS: -- whose (sic) conflicts with the proper discharge of your duties in the public interest, then that would be a crime. But what you're really saying when you say that is, we don't want anybody in elected office that has any ties to the community. I mean, is that really what you want to do? COMMISSIONER MAC'KIE: That's too broad. COMMISSIONER NORRIS: I mean, is that really what you want to do? I don't think that's what you want to do. If you say that, then you're saying we only want people who -- well, perhaps retired people who have no connections to the community. Or what else, homeless people? I don't know. But, you know, the unintended consequences is what you have to watch out for. And Commissioner Constantine very eloquently pointed out the -- some of the unintended consequences having to do with the employees and gifts and things like that. So sure, all of this is fine in principle. We need to go forward with this. But you just need to be cautious about what you do. There's a couple of other points here, too. On the Republican Executive Committee's proposal here it says this code applies to County Commissioners and county employees. Well, is that -- I mean, why are we picking on one group? I mean, aren't all elected officials to be held to the same standard? And that's a question I need to ask Mr. Weigel. If we pass a county-wide ordinance, do then the respective city councils in Collier County also fall under this ordinance? MR. WEIGEL: There's the possibility that they would. And, of course, we -- don't forget that under the statutory powers municipalities, a municipality can effectuate an ordinance which would preempt the county's authority over the municipality. COMMISSIONER NORRIS: Okay. COMMISSIONER MAC'KIE: They could basically opt in or out and do something more stringent if they chose. MR. WEIGEL: They can opt out. They don't necessarily -- COMMISSIONER NORRIS: They can opt out by enacting their own, but they -- and it has to be at least an stringent as ours? COMMISSIONER MAC'KIE: That's right. MR. WEIGEL: I beg your pardon? COMMISSIONER NORRIS: It would have to be at least as stringent as the one that we have? MR. WEIGEL: No, that's not correct. It's -- COMMISSIONER NORRIS: Okay. MR. WEIGEL: -- just the mere exercise of adopting one would preempt the county over that area of jurisdiction, the municipality. However, by mere non-action, nothing occurs and the county ostensibly has the authority to bind municipalities. And also, if a municipality were to attempt to pass a measure that merely stated the non-application of the county measure to the municipality, that would fail. They have to actually have put something in place which preempts and substitutes for the county measure. COMMISSIONER NORRIS: Okay. All right, that explains that. Number six here says that no County Commissioner or county employee may engage in outside employment or outside activity. Well, there again, you know, is that really what we want to do is to exclude people from having ties to the community? I think there's already very clear ways to handle conflicts, and it's not unusual to see a commissioner have to abstain because of some business type conflict. That's not unusual at all. And if you want to try to exclude people from having business relationships in the community, I don't know if that's what you want to do. 6(B) says something about outside employment which tends to impair his or her mental or physical capacity to perform the duties. Well, what in the world does that mean? COMMISSIONER HANCOCK: No bartending on Monday nights? COMMISSIONER NORRIS: That's a strange one. And 6(C) says something about no activities which may bring discredit upon the county. Well, who decides what discredit means? CHAIRPERSON BERRY: Because I go out and parade up and down the beach in a bikini, could that discredit the county? COMMISSIONER NORRIS: Well, that certainly -- CHAIRPERSON BERRY: It would certainly discredit me, I'll tell you that, but, you know. COMMISSIONER CONSTANTINE: Or you listen to the wrong kind of music. CHAIRPERSON BERRY: I -- yeah. I mean -- COMMISSIONER NORRIS: Who's going to be the arbiter of discredit is the point. I mean, we may vote in something by a three to two or a four to one or a unanimous vote and someone says well, that is the most discreditable action I've ever seen. Well, then what, have we all committed a crime? I mean, you know, you've got to think about the unintended consequence -- COMMISSIONER MAC'KIE: And that -- COMMISSIONER NORRIS: -- because this is serious business. COMMISSIONER MAC'KIE: Just since Doug's not here, I think what he would say is what he said before he left and that is this is a proposal on the table that they encourage us to, you know, rewrite, send it to the county attorney, ask him to draft us something from scratch, if we don't like that, but just -- CHAIRPERSON BERRY: You know what we're trying to do? We are trying to legislate in a broad sense that says everybody will be good. All right, now, what's good mean to Pam and to John and to Tim and to the other Tim? What's good? COMMISSIONER MAC'KIE: I don't think it's hard -- CHAIRPERSON BERRY: It's all up for interpretation. I'm sorry. This goes back -- I'm not going to quote Bible up here, but I'll tell you, you can go back in Biblical history, and you -- they tried to do it in the Third to the Seventh Century. It doesn't work. And here we are in 1998 thinking we are so smart, we're going to solve the problems. You know, I just have a problem. And I was warned. They said Barbara, you speak out against ethics, and you're going to have the wrath. And I will. Tomorrow morning I'll read about it in the newspaper. God knows '- COMMISSIONER HANCOCK: I have a solution for you. CHAIRPERSON BERRY: -- it will happen, as sure as I sit here. But I have to tell you something '- COMMISSIONER HANCOCK: Don't read the paper. CHAIRPERSON BERRY: -- you don't -- you don't legislate morals, you can't legislate morals, and I'm not sure you can legislate ethics. We can sit up here and we can write reams of paper. We can pass one today, we can pass one tomorrow. Every week from now on until the end of the year and on into eternity. And I'm going to tell you something, if I'm hell bent to break it, I'm going to find a way. If that's my nature to get around it, I'm going to do it, folks. You know, look at the individuals involved. I just -- this is so frustrating to me. And I'll tell you what it's going to cause public officials to do, and it's going to cause this public official to do, I will draw right square back into a shell. You won't see me but at commission meetings on Tuesday morning. And don't expect me to be out anywhere doing anything or -- because I'm going to tell you, if you go to something where you're going to have local somebody looking, there's going to be complaint filed after complaint. You know what, we saw Barbara Berry out having a drink with somebody. Well, who paid? COMMISSIONER MAC'KIE: That's why if we disclosed everything -- CHAIRPERSON BERRY: Who paid? Okay, I go out and have a drink with somebody, I paid five dollars -- well, I may have more than one -- and maybe after this today, it may be a lot. But I'm going to tell you something -- COMMISSIONER HANCOCK: I'm glad to hear that, Barb. CHAIRPERSON BERRY: -- this -- it's just gotten ridiculous. And then -- but the penalty for all this, folks -- this is ludicrous -- $500. If I'm going to stand to make millions, do you think a five hundred dollar penalty is going to be a deterrent to me? I'll tell you what I'll do, I'll pay the five hundred dollar penalty, I'll walk away with several million dollars, at the same time, I write my letter of resignation with my Mont Blanc pen. COMMISSIONER HANCOCK: Give it to 'era, Barb. CHAIRPERSON BERRY: Okay? I mean, this is utterly ridiculous. If you're going to penalize somebody, let's make it worthwhile, folks. COMMISSIONER MAC'KIE: Let's talk about that. CHAIRPERSON BERRY: Let's talk about it. Let's make it big bucks. Hey, we're in Collier County, we've got big bucks down here. Let's make it ten grand. COMMISSIONER MAC'KIE: Let's make it jail. CHAIRPERSON BERRY: Oh, yeah? Well, I don't know anybody that's ever served jail time, Pam, on something like this. COMMISSIONER MAC'KIE: Me either, but we can raise the bar. CHAIRPERSON BERRY: Oh, hey, I think we ought to do it. And then we'll have to build a bigger prison. We'll have to build a bigger jail because we're going to have all these elected officials in jail. COMMISSIONER MAC'KIE: No, we're not, because we're not going to violate the rules. CHAIRPERSON BERRY: Of course -- well, wait a minute. We're going to have allegations after allegations. I saw Pare Mac'Kie out, you know. Yeah, I don't know what she was doing, but it doesn't look good to me. Uh-huh, I can see it now. COMMISSIONER MAC'KIE: But that's why '- COMMISSIONER CONSTANTINE: Commissioner Mac'Kie, I talked about the absurdity of going too far with this and I used the example of the kids. You then when you said well, we'll just report every gift, and -- stop and think about the last week of your life. COMMISSIONER MAC'KIE: I have. COMMISSIONER CONSTANTINE: When you said that, I started thinking, a friend of my dad's, 76 years old, retired, gave me some novelty tees from a famous golf course, probably valued at 89 cents. But under your scenario, I would have to report those. COMMISSIONER MAC'KIE: I said $20. COMMISSIONER CONSTANTINE: Well, you didn't, you said every gift. CHAIRPERSON BERRY: Every gift. COMMISSIONER CONSTANTINE: Somebody says, "Hey, Tim, you want a soda," when they're at the soda machine. Wait, I've got to carry a pad of paper with me and write it down? COMMISSIONER MAC'KIE: I followed that up with 20, $25. COMMISSIONER CONSTANTINE: The level of trying to live --like how many -- you have a fiance now, you've been steady for a year or more. But prior to that, you were single for a number of years. How many dates did you have that perhaps spent more than $20? If you buy popcorn at the movies -- COMMISSIONER MAC'KIE: A lot of them, thank God. COMMISSIONER CONSTANTINE: -- you're spending more than 20 bucks. Are we going to chronicle a single commissioner's personal life? COMMISSIONER MAC'KIE: Uh-huh. COMMISSIONER CONSTANTINE: I understand the intent is very good CHAIRPERSON BERRY: Absolutely. COMMISSIONER CONSTANTINE: -- but I think you are raising to the level of absurdity. You're making -- we complain and the newspaper complains that gee, we just can't get quality people to run for office. Well, we need to make sure we have a high moral and ethical bar, but you don't want to put it to such an absurd level that nobody wants to run for office. COMMISSIONER MAC'KIE: You make a good point. And maybe -- I'll tell you what I've been trying to avoid and that is the distinction -- well, I might as well just go ahead and say it. What's missing in this county is a clear definition of what's a lobbyist. Because the rules are good enough, if we know who a lobbyist is. A lobbyist by state law is anybody who appears for pay before the County Commission in the previous 12 months or can reasonably be expected to appear for pay before the County Commission or seek to influence the County Commission on an issue in the next 12 months. In my mind, that definition therefore includes a real estate broker who might earn a commission on a deal that comes on a real estate transaction that involves a rezone. COMMISSIONER HANCOCK: Not if they haven't appeared before the board. COMMISSIONER MAC'KIE: But see, I think that does -- it doesn't say appear before the board, it says -- COMMISSIONER NORRIS: You did. COMMISSIONER MAC'KIE: -- seeks to -- I'm sorry, I clarified that also that it says appear before the board, and the state law also says or seeks to influence a decision by the board. And in this county -- here's the point, guys. If what we had to do was disclose gifts that are received from people who seek to influence the County Commission for personal gain -- not for somebody whose property taxes they hope don't go up; I'm not suggesting something that absurd -- but if we could define more clearly -- COMMISSIONER CONSTANTINE: I can't come to your Christmas party anymore, Ty. MR. AGOSTON: That's terrible. COMMISSIONER MAC'KIE: Yes, you can, if you disclose it. CHAIRPERSON BERRY: Oh, please. COMMISSIONER NORRIS: But you -- CHAIRPERSON BERRY: Why do it? If you think -- COMMISSIONER CONSTANTINE: So I have to keep a diary -- CHAIRPERSON BERRY: -- I'm going to tell everybody in the world when I go to the bathroom? I mean, it's getting to that point. This is ridiculous. COMMISSIONER MAC'KIE: But here's what I'm saying. Let me just say it and then I'm going to stop, because obviously I can count. But here's what I'm saying, just so you can be clear what I'm saying before you tell me how stupid it is. I am not suggesting that you can't -- that you would have to disclose going to Ty Agoston's Christmas party. COMMISSIONER CONSTANTINE: You just did -- COMMISSIONER MAC'KIE: Let me just finish. I'm not suggesting that you would have to disclose your attendance at Ty Agoston's Christmas party, because Ty does not appear before the Commission or seek to influence decisions of the board for pay. Ty doesn't make money as a result of his seeking to influence our decisions. If he did, what would be wrong with letting the community know that you drank 50 bucks worth of beer at his party? COMMISSIONER NORRIS: Let me just say something -- COMMISSIONER CONSTANTINE: Yeah, but you got me confused with the other Commissioner Tim. COMMISSIONER MAC'KIE: That's a lot of beer. Sorry. CHAIRPERSON BERRY: Commissioner Hancock had asked -- COMMISSIONER HANCOCK: Just because you can't hold your beer, Mister. COMMISSIONER MAC'KIE: But it's those who seek to influence decisions of the board that, I'll be honest with you, what I think is, that if you get a free game of golf with a real estate developer, the public ought to know. COMMISSIONER NORRIS: Well, that's fine, and everybody knows those rules and we all abide by them. COMMISSIONER MAC'KIE: I don't know if we do. I don't know if-- COMMISSIONER HANCOCK: Don't speak for me. COMMISSIONER MAC'KIE: No, here -- COMMISSIONER CONSTANTINE: You don't know if we're abiding by the rules -- COMMISSIONER MAC'KIE: No, no, no, no, no. He said everybody knows those rules. My point is, I'm not sure that it's clear in this county -- I think that some -- we might disagree who meets the definition of a lobbyist, because anybody who seeks for pay to influence a decision of the County Commission -- that includes every land use lawyer, every land planner, every engineer, every -- all those people. And I don't know if everybody has disclosed every twenty-five dollar lunch that they had with every land planner. COMMISSIONER CONSTANTINE: They're eating better lunches than I am. COMMISSIONER NORRIS: They're eating better lunches than I did. COMMISSIONER HANCOCK: I never had a twenty-five dollar lunch. COMMISSIONER MAC'KIE: Okay, dinner. COMMISSIONER CONSTANTINE: I think the point is the current law requires exactly that. You do have to -- if it's worth more than 25 bucks and somebody does business with the county, it's going to get reported. And if you don't report it, you're breaking the law. And so either the commissioners are going to follow the law or they're not. Now, you can make that $20 or $15 or $12, but still, they're either -- they're gonna follow the law or they're not. COMMISSIONER MAC'KIE: I'm sorry, but I have to say this, what does a round of golf cost in Collier County? More that $25? COMMISSIONER HANCOCK: It depends on where you play, it depends on what time of the year, and it depends on whether you pay for that round yourself. COMMISSIONER MAC'KIE: Okay. COMMISSIONER HANCOCK: Now, what I hear here -- and Pam, and I've read it in the paper twice now -- is aspersions being cast that there are commissioners that are not reporting gifts. And I've heard it cast from you. And not only do I resent it, but you're wrong, period. You don't know what occurs between me and another person over lunch. You don't know what occurs between me and someone on the golf course when I pay the guest fees to play a round. You don't know that. And for you to sit here and say that we need to raise that bar because your colleagues are not reporting things sends a message that is both incorrect and unfair and makes assumptions that are not yours to make. Now, I'd like to get back to what we have before us today, which is consideration of an ordinance. What you have proposed, Pam, is less clear, more clouded and more open for complete monkeying by political wanna-be's. It's ridiculous. I do not have to, nor should I be expected to, define friendship in order to receive a birthday present. That a person -- this has us proving who and who is not a personal relationship versus who is and is not trying to influence the board. I have adopted personally a standard that is stricter than the state law that I go by. It keeps me out of trouble. If you don't accept anything over 100 bucks, you don't have to report anything over 100 bucks. If-- I'm sorry? COMMISSIONER MAC'KIE: Never mind. I didn't want to interrupt you. Since I have, it's 25. COMMISSIONER NORRIS: That's a lobbyist. COMMISSIONER HANCOCK: From a lobbyist. COMMISSIONER MAC'KIE: Define a lobbyist. That's the point. COMMISSIONER HANCOCK: Someone who appears before this board -- COMMISSIONER MAC'KIE: Seeks to influence. COMMISSIONER HANCOCK: -- for pay. COMMISSIONER MAC'KIE: Seeks to influence a decision. COMMISSIONER HANCOCK: Okay. Look, you have your definition, okay? We have heard from the county attorney. And I'm going to use his definition -- COMMISSIONER MAC'KIE: Can I borrow your book? COMMISSIONER HANCOCK: -- since he seems to be our legal counsel, not you. And under his definition, I comply with the law, period. If you want to cast aspersions, then you need to go sit with the editorial board and continue to do that, but don't do it here. COMMISSIONER MAC'KIE: Tim, you say what you want to say, I'll say what I want to say. COMMISSIONER HANCOCK: Well, mine's factual and we'll leave it at that. In looking at an ethics ordinance, you're not going to, by putting it on paper, either make someone ethical or not. What you are going to do hopefully is adopt a very clear and concise set of regulations that the public understands and that this board understands. I understand the state law, and I follow the state law, period. If we adopt a local ordinance, I want it to be in such a way that it's easier for the public to understand the laws that we are governed by. And when you start talking about -- you know, I've heard, you know, jail time. CHAIRPERSON BERRY: It's in there. COMMISSIONER HANCOCK: Yeah. CHAIRPERSON BERRY: It's there. COMMISSIONER MAC'KIE: It's in the proposal. COMMISSIONER HANCOCK: You know, at $26 -- COMMISSIONER CONSTANTINE: Ty, don't even send me an invitation this year. I'm not going to jail. CHAIRPERSON BERRY: That's it. COMMISSIONER CONSTANTINE: It's a heck of a party, but I'm not going to jail for it. CHAIRPERSON BERRY: I really think that's the message. I'm sorry, I really think that's the message. And many people in the public, when I have talked to them about this very thing -- excuse me, Commissioner, for interrupting you -- they think this whole thing -- many of them think that this whole thing is ludicrous on what we're trying to do. And many of them don't -- they look at this and say, you know, what is the problem? What is it that you have done in county government to warrant this kind of activity? In other words, what decisions have the five of us sat up here and made that we have been influenced by this that this has made a difference? COMMISSIONER HANCOCK: If l could finish -- COMMISSIONER MAC'KIE: I'm hearing from a different -- COMMISSIONER CONSTANTINE: You know what, Commissioner Hancock? COMMISSIONER MAC'KIE: -- group of people. Because what I'm hearing -- I don't think that there is a big crisis that we have to quickly adopt an ordinance to stop some action that's about to be taken. What I think is that the public confidence in the ethics of our board has eroded. And that in order to -- CHAIRPERSON BERRY: Well, produce facts. I want them to come to me. I don't want innuendo. I want them to come to me and say the action that you took on this date was obviously influenced by ethical behavior. COMMISSIONER CONSTANTINE: Which quite -- CHAIRPERSON BERRY: Produce it. COMMISSIONER CONSTANTINE: -- frankly, that innuendo has been spread by one commissioner on this board, as much as by the public, and like Commissioner Hancock, I don't appreciate that either. COMMISSIONER HANCOCK: If I could -- if I could at least finish to a point. CHAIRPERSON BERRY: I'm sorry, yes, go ahead. I did interrupt you, and lapologize. COMMISSIONER HANCOCK: My intent, as I reviewed this ordinance and reviewed what Commissioner Constantine had prepared today, was that first of all, if we are going to move in the direction of an ordinance, I think the five of us giving the county attorney direction to start from scratch is simply going to be perceived by the public as the fox guarding the hen house. Why don't we then all just march downstairs, if we're as unethical as some people would say -- why don't we march downstairs individually and tell him what we want in the ordinance to protect our own little piece of whatever it is that we're trying to protect. That would be the accusation. I mean, heck, why don't I go ahead and write the editorial now and I'll just send it over to the paper? Because that's what we'll be accused of. This is an issue that was created, in all honesty, through campaign rhetoric in the City of Naples' election. There was -- there were charges filed -- or complaints filed against two commissioners. Those were being dealt with in an extremely slow manner, not effectively, and allowed to fester out there. Allowed people to read what was in the paper and that be their only source of information on these events. So the paper had control of the quote, unquote ethics issue. And they chose to deal with it in a certain manner that I disagree with. Then as an election occurred in February within the city, I don't remember ethical violations in the city. I don't remember the city being embroiled in ethical conflict time after time after time. Yet all we heard at the election in the city was ethics. And it created the perception that there's an absence of ethical behavior in Collier County. And, you know, if I were a City Council person, you know, that -- that would offend me. And I think it did. And I think it harmed some people that were in my opinion innocent. But the perception was out there. And it was further -- it was acted on, it was used as a campaign schtick. And now here we sit with another election coming up for two people on this board, and I am trying as hard as I can to take that and set it aside and try and deal with the real issues that face us in the official performance of our duties so that we can perform them not only with confidence in ourselves, but so that the public can measure their confidence in us. And I think the wrong way to do that is to make a convoluted, clouded -- try to make an all-encompassing ordinance that says no matter what you get, the public has a right to know what it is; that when I get a Christmas present from my mother-in-law, that I have to report it. And I get 'em occasionally, though not every year, but -- CHAIRPERSON BERRY: Another misguided soul. COMMISSIONER HANCOCK: Again, I think you can swing the pendulum so far that what you're going to do is ultimately discourage people from ever going into public service. You know, I think it's a rude awakening when you first do it anyway. You know, you don't understand fully the criticism you're going to receive for trying to do what you think is the right thing. But that's part of the job. I can live with that. But I'm not going to invite every resident of Collier County into the part of my life that quite frankly is none of their business. So I am concerned, as we look at this today, that we do two things: One is that if we move forward with anything, that the three key words are clear, concise and enforceable. Anything we do has to be those three things or we're spinning our wheels. The less clear we make something or the more ambiguous we make something, the less enforceable it is. So we've got to start off defining what the issues are and what needs to be said and done to address them. The second thing is that I don't think the five of us sitting up here are really the ones that should do that. I think it should come from the community. If our concern is public confidence in our actions and our performance as commissioners, then it's the public that should help form and shape an ordinance that governs our actions, not us. So it would be my hope that rather than directing the county attorney to go draft an ordinance that we're going to review and we're going to adopt after a few people get to speak on it, I think we should send it out to a committee of individuals that measure a non -- or represent a nonpartisan group, and let's not make this a Republican effort or a Democrat effort or a commission effort, let's make it a citizen effort, that they can tell us where they think the shortcomings are and what parts of the ordinance would address those shortcomings. And then it's up to the county attorney to wordsmith that in such a way that it is clear, concise and enforceable. But that middle step, some will say it's been done by the Republican party. I think parts of it have. But as I talk to people who are familiar with this ordinance that were not part of drafting it, as much as you have heard the reaction, that, you know, they're not sure that this really does anything, because it sounds like -- you know, I mean, how do you define an other personal relationship? You know? I mean, find the definition of that in the Florida Statutes. COMMISSIONER CONSTANTINE: You check into solitary confinement except Tuesday morning. You come here -- CHAIRPERSON BERRY: Yeah, we get out on Tuesday morning. COMMISSIONER HANCOCK: So whatever direction we take, if we're so concerned about the community's perception of what we're doing, then let's ask the community's help in forming the necessary elements of the ordinance. And with that, we can be assured that we're addressing the real issue here. Because I don't think the issue is any one of us or members of the City Council being on the take. And anyone who wants to further that perception is doing so strictly for political purposes and does not have the interest of this community at heart. And I'm not going to play a part of that. COMMISSIONER MAC'KIE: I think it's tremendous, although belated, that we are now at the point that I begged you to be at a year ago. Let's form a committee -- COMMISSIONER NORRIS: A year? COMMISSIONER MAC'KIE: Six months ago. When did we -- when did the -- when did we have this discussion last and that was voted down? But that's -- never mind. COMMISSIONER HANCOCK: Commissioner Mac'Kie, again, your recollection is incorrect. You were supporting an ethics committee at that time. COMMISSIONER MAC'KIE: Isn't that what you just proposed? COMMISSIONER HANCOCK: No, ma'am. COMMISSIONER MAC'KIE: What did you propose? COMMISSIONER HANCOCK: What I proposed, and I'll say it again, is that we form a committee of five individuals that will be responsible for choosing the elements of an ordinance that will be drafted by the county attorney. The ethics committee proposal a year ago was to have a committee of individuals that would review actions by elected officials -- COMMISSIONER MAC'KIE: No. COMMISSIONER HANCOCK: -- and pass judgments. COMMISSIONER MAC'KIE: It certainly was not. COMMISSIONER HANCOCK: That was the proposal before us from the Republican -- COMMISSIONER MAC'KIE: It wasn't my proposal. COMMISSIONER HANCOCK: -- Executive Committee. COMMISSIONER MAC'KIE: It was not my proposal. My proposal is what you just proposed. But never mind. That's fine, as long as we do it, that's what counts. I want to read one thing -- COMMISSIONER CONSTANTINE: After you -- COMMISSIONER MAC'KIE: -- Florida Statute 112.3148(B)(1 ). Lobbyist means any natural person who for compensation seeks or sought during the preceding 12 months to influence the governmental decision-making of a reporting individual. That was-- COMMISSIONER HANCOCK: Ever since third grade I've been able to read. COMMISSIONER MAC'KIE: Those are the people from whom I would like for us to disclose gifts. COMMISSIONER NORRIS: We do. COMMISSIONER MAC'KIE: But I don't think we have a clear agreement in this county on who that includes. COMMISSIONER HANCOCK: Why are -- maybe you're unclear on it. COMMISSIONER NORRIS: It's clearto me. COMMISSIONER HANCOCK: I'm very clear on it. I have discussed with the county attorney this issue several times. I'll give you a perfect example. A friend of mine who falls into that category and our wives are very good friends. When we go out to dinner, I have to keep tabs on if they invite us and they pay for dinner; I have to make sure we go out to the same cost of dinner the next time and we pick up the tab, or else I've received a gift, you know, or I've got to try and force splitting the bill and all this kind of stuff. And, you know, it's a pain, but it's something I have to do because of the state law, and I'm willing to do that. So I don't think I have a problem understanding that law or applying it. MS. MATTHEWS: Madam Chairman, could I interject something? I'm Betty Matthews and I served on the campaign -- COMMISSIONER HANCOCK: I'm sorry, do we have public speakers? CHAIRPERSON BERRY: Wait a minute. Are you speaking as a public speaker, or-- MS. MATTHEWS: No, I'm not. I'm following Doug Rankin, who had to leave to take care of his law business. And I served on the campaign and affairs committee for the party that brought this ordinance for you. There are some small issues really that I think I need to make clear for you. First, we have sent a copy of this also to the City of Everglades, the City of Marco Island, the City of Naples, and we have sent a similar rule to the school board for them to also address. So we are asking all five of the jurisdictions within the county to address this. The other issue that I would like to -- COMMISSIONER CONSTANTINE: Commissioner Matthews, can I ask you what kind of a response you've got from each of them? Have they slated it for public hearings, or -- MS. MATTHEWS: As far as I know, Commissioner Constantine, those notices went out less than a couple of weeks ago, so I really don't know '- COMMISSIONER CONSTANTINE: Thanks. MS. MATTHEWS: --what the response is. Now, this -- this ordinance that we have asked you to address, we have not asked you to specifically pass and endorse this ordinance, we've asked you to take a look at it and change it in whatever way suits you. Now, the other point that I'd like to make is that this ordinance almost mirrors the state law as it existed I believe in the early Eighties. The state law was quite firm, ethical -- unethical actions were a misdemeanor punishable by fines and jail time. And there were some members of the legislature from another party who had gotten caught up in some of these problems, and subsequent to their difficulties, the law was changed. So pretty much this takes us back to where we were before that. And it is truly only a local law for only Collier County at this point. But I do want to say that several other counties and several other cities have also embraced similar laws. Now, I invite you to make any changes to this that you would choose to. Our purpose was to open the discussion. And it certainly appears that we've done that. CHAIRPERSON BERRY: Thank you, Ms. Matthews. COMMISSIONER CONSTANTINE: Do we have any other speakers from the public? CHAIRPERSON BERRY: Do we have other speakers? MR. FERNANDEZ: You have one other registered speaker, Madam Chairman. CHAIRPERSON BERRY: Okay. MR. FERNANDEZ: Kathleen Slebodnik. MS. SLEBODNIK: I'm Kathleen Slebodnik from the League of Women Voters, and I currently chair our government committee. Since this discussion opened, the League has taken a look at the various codes of ethics, and we have met with government officials to discuss them. But before I -- well, just to say that the League supports a local ordinance of some type. This is -- the type, the actual type, we haven't made our decision on. Sitting back there and listening, I would like to comment that anyone who doesn't think the Florida sunshine laws are effective have missed today's Board of County Commission meeting. The people here in the room or the people who are listening at home have had a wonderful example of what the Florida sunshine laws are supposed to do, which is to encourage discussion among public officials. Thank you for this example. Writing a code of ethics is not easy. You do not want to make it so restrictive that people will not want to work for government or seek public office. On the other hand, you don't want it so loose that nobody pays attention to it and it is ineffective. It's going to take indeed a very wise person to come up with something that is as -- that we can all buy into. I don't know -- exactly know what that final form is going to take yet. The League stands in favor of it, and as I listened in the back today, it just came to me, that we are all -- or I should say public officials are bound by the state code of ethics. That doesn't seem to be the problem, as I listen today. The problem seems to be the time element -- CHAIRPERSON BERRY: Absolutely. MS. SLEBODNIK: -- and enforcement element. CHAIRPERSON BERRY: Yes. MS. SLEBODNIK: And if that is the problem, the standards are there already, and the ordinances are already there. Let's -- maybe we should just take a look at addressing the enforcement and the time element rather than trying to write a whole new code of ethics for Collier County. CHAIRPERSON BERRY: Ms. Slebodnik, you raised a very interesting point and the crux, in my opinion, of this entire problem. The question rises -- and I don't know how the rest of the commissioners feel, but I find this very ironic that our state legislators didn't address this issue with the legislature this session. They knew the current problem. They knew what was going on locally. Why was it not addressed? And why did not the public in Collier County come out to our legislative group and make it a point and request them to fix the problem? Okay? We're going to get accused of being -- of the fox guarding the hen house, okay? This is what's going to happen. No matter what we do here, we're going to have that accusation made against us. But you had an opportunity, not only -- I say you collectively as a community. We had an opportunity to have this fixed in Tallahassee. Did anybody attempt to do it? I didn't hear anything. COMMISSIONER CONSTANTINE: I guess that's the irony is our state representative wants -- CHAIRPERSON BERRY: That's exactly right. COMMISSIONER CONSTANTINE: -- to participate locally, but he didn't bring the topic up up there. CHAIRPERSON BERRY: And I can go back, and anyone who's been a long-time resident of Collier County can go back, and you want to look at conflicts of interest? And all of a sudden this issue is over two people in Collier County. COMMISSIONER HANCOCK: And there may or may not even be an issue. CHAIRPERSON BERRY: Absolutely. But why in the world was this not an issue a few years back? MS. SLEBODNIK: I can't answer that. But I'm sure there was an issue in other cities and other counties or they wouldn't have other cities and other counties which had their local -- CHAIRPERSON BERRY: But why aren't they addressing it at the state level? And even the League of Women Voters, which is represented on -- a state-wide organization, have they addressed this state-wide? Have they taken a position that says Tallahassee, fix it? MS. SLEBODNIK: Not to my knowledge. CHAIRPERSON BERRY: I'll tell you, Tallahassee was handing out dollars up there this year, you know, very prolifically. I mean, thank goodness we've had -- things are great, everybody's pocketbook's in pretty good shape, and they can't fix this? MS. SLEBODNIK: I think part of the problem is that the -- I don't know how much the public is aware of it, but the state code of ethics board are appointed and they serve without pay. So they are -- CHAIRPERSON BERRY: Since when did that make any difference? MS. SLEBODNIK: Well, when you're on a volunteer basis, time is not exactly a major concern. CHAIRPERSON BERRY: But they could fix that, too. MS. SLEBODNIK: They could. They-- CHAIRPERSON BERRY: They could change that. MS. SLEBODNIK: -- could and they have not, that's true. COMMISSIONER NORRIS: Madam Chairman, I think Ms. Slebodnik's point is probably the most rational one -- CHAIRPERSON BERRY: Absolutely. COMMISSIONER NORRIS: -- of all, is that really, if you look at the state statutes, the basis that -- the skeleton of it, the -- all the elements really are in the state law. It's the time that's causing us problems here locally. If we end up with something different, it will probably be best serving the public to have embodiment of the state statutes generally, with perhaps some embellishments to that, but to have a process that can be done in a reasonable time period. That's the problem. Because all of this has gone now for nine months, or whatever it's been, with no resolution. That's what's causing the problem. So I think perhaps Commissioner Hancock's suggestion of some further study of this with an unbiased panel will probably lead us in the direction we need to go. So I'll make a motion -- CHAIRPERSON BERRY: Let me say one more, too -- COMMISSIONER NORRIS: You don't want me to make a motion yet? CHAIRPERSON BERRY: -- Commissioner Norris. No, but -- I don't care whether you make a motion or not, but -- COMMISSIONER CONSTANTINE: Make your stinking motion. COMMISSIONER NORRIS: Or a commotion? Make a commotion? CHAIRPERSON BERRY: We don't want no stinking motions. I'm only kidding. COMMISSIONER MAC'KIE: It's a joke, it's a joke. COMMISSIONER HANCOCK: A sense of humor is a terrible thing in this job, Barb. CHAIRPERSON BERRY: Yeah. COMMISSIONER MAC'KIE: It's a required -- COMMISSIONER CONSTANTINE: It's not allowed, it's prohibited. CHAIRPERSON BERRY: If you had a sense of humor, you'd be out -- COMMISSIONER NORRIS: I'm ready to make a motion on this commotion. CHAIRPERSON BERRY: Yeah, right. Now I've lost my train of thought. That's what comes with age, I -- COMMISSIONER HANCOCK: Commissioners -- CHAIRPERSON BERRY: Go ahead. COMMISSIONER HANCOCK: -- before making a motion, what Ms. Slebodnik has said, and I look at the League of Women Voters as a very representative group. And I had the pleasure of meeting with them on Friday and we had a very what could have been an easily three-hour discussion that day. And it was so unbelievable that here are people that in my opinion are some of the best informed people in the community, that watch what's going on with a very keen eye, and yet things that I know to be true and facts of what has occurred on this board -- because the predominant conduit for that information is the media and by the time it gets filtered once or twice, whether it be through television or print or whatnot -- what I was hearing from these well-informed individuals I have a tremendous amount of respect for wasn't reflective of the situation, as I understood it. And so that's where the clarity to me comes in. And that's why what Ms. Slebodnik has said today is so important to me, and that is that maybe, you know, we can go to a committee -- and I don't think there's any harm, and I brought it up because I think it's a good idea -- because we now have something to start with. We now have a framework within which a committee can look at and say good, bad, yes, no. But maybe it's even simpler than that. Maybe it's taking the state guidelines and adopting them as a local ordinance with the state attorney recourse as the provision for enforcement. COMMISSIONER NORRIS: Yeah, but once again, your point that if we do that -- COMMISSIONER HANCOCK: Yeah. COMMISSIONER NORRIS: -- it doesn't look good. I would prefer to have a panel of citizens make a determination. If that's what they think, I think that's probably the way we should go. COMMISSIONER CONSTANTINE: My concern being I don't agree that this is the appropriate framework to start from for all the reasons we've gone through. I don't need to revisit them. But it's well intended, and I think their intentions are the same as what we're talking about, but it gets to that point where it's absurd. COMMISSIONER HANCOCK: It's a healthy start. COMMISSIONER CONSTANTINE: Quite simply, our social transactions, unrelated to county business, do not need to be documented. If my wife and I are in Maine and I see a high school friend to do something, and it doesn't have anything to do with this -- but under what I hear Commissioner Mac'Kie saying, that would have to be documented. And I just -- I don't think that's necessary. COMMISSIONER MAC'KIE: That's not what I said. COMMISSIONER HANCOCK: It's not what you last said. COMMISSIONER MAC'KIE: Thank you. COMMISSIONER CONSTANTINE: The -- I mean, plain and simple, either someone's honest or they're not. Either someone's going to be honorable or they're not. Either they're going to follow the law or they're not. And you can make that law a little tighter, but if they weren't following it to start with, what makes you think they're going to follow a tighter law? So I think -- I mean, you can make your decision on how you interpret that. I think it's pretty crystal clear how that is. If someone is doing business with the county, then anything over $25 is under consideration. And you have to be aware of that and make sure you respond accordingly. So I think Ms. Slebodnik's point is well taken, that the problem isn't the law, the way the state law is written, the problem is how it's enforced or the process you go through to do that. And what I would ask is I think it's a good idea if we take five unbiased people and give them this assignment. But I would like the framework of their assignment be looking at our options on how they can improve that time line. If we have a process that in and of itself isn't necessarily bad, but I know the newspaper has said the ethics committee isn't always as aggressive as they could be or doesn't have the teeth that they could, or -- and also has complained, we've all complained, about the time line. And if those really are the two areas of concern, let's make that the framework. How do we fix that? COMMISSIONER NORRIS: That's the focus of the committee, yes, of course. COMMISSIONER HANCOCK: Can we ask -- and I'll say this that will get in the form of a -- as an element of a motion -- is that I think the starting point should be existing state law adopted as a local ordinance. I think if we're going to say -- there's a point we should start. I don't want to throw away everything the Republican Executive Committee did. I think we should include this as a review document. COMMISSIONER NORRIS: No, there's some good things in here. COMMISSIONER HANCOCK: But I think the starting point is the existing state law adopted by local ordinance, because that then provides a more -- I guess a shorter time line vehicle to resolve any potential complaints, and it also requires a higher burden of proof on the complainant. And if we're going to make this thing such that it cannot be a political football for people '- COMMISSIONER NORRIS: Very good point. COMMISSIONER HANCOCK: -- then I think that's key. Because we've seen what happens when a complaint is just filed. And you guys know better than anybody what it does. I mean, all of a sudden every -- everywhere you go you're getting peppered with questions about pieces of information that have been out there. And it's not fair that that process drags on. So if we could kind of have that as an overview, as a starting point with this as a review document associated with it, I'd like to see -- as I hear it -- I guess I'm coming back that I feel it is the best way to go. COMMISSIONER CONSTANTINE: You said a five-member board. I assume then somebody from each district or -- COMMISSIONER HANCOCK: Or an appointment from each member of this commission. And whether it's a district appointment or not I don't think is as important as that it's someone who brings something to the table. I assume that being district appointments, but -- COMMISSIONER MAC'KIE: I -- you might be surprised to hearthat I think that's a wonderful idea, because what it would do -- I'm not sure that I agree that we need to talk about it. I think that we could give our county attorney the instruction to convert -- COMMISSIONER HANCOCK: Could. COMMISSIONER MAC'KIE: -- to take the state rules and make them enforceable by the state attorney and, therefore, they're a crime, and, therefore, we have addressed both the gift and the business conflict issues. If -- and I see your point, that there might be more confidence in the decision by having that study by a committee before it comes up for a vote. So I would support that. It does exactly what we need to do and that is enforce the rules as they exist, but with a more local and more -- COMMISSIONER CONSTANTINE: Timely. COMMISSIONER MAC'KIE: -- timely -- thank you -- enforcement mechanism. I hope that as we -- well, I'll stop there, because there'll be more opportunity. COMMISSIONER NORRIS: Mr. Hancock just raised a very good point though, too, as to what standard are we going to hold the complainant. Because you may not know, but the complaint that was filed against me was by a citizen of another county who only read what he read in the newspaper and had no firsthand knowledge whatsoever of what he was complaining about. COMMISSIONER HANCOCK: And stated publicly -- COMMISSIONER NORRIS: And didn't -- and stated publicly -- COMMISSIONER HANCOCK: -- when you see an opportunity to get rid of someone you don't agree with, you should take it. COMMISSIONER NORRIS: That's right. COMMISSIONER MAC'KIE: I like mine, though, she was going to hold herself out as the queen of ethics where we're going to have to hold her to it. That was the quote of my complainant. COMMISSIONER NORRIS: But in any case, there should be some standard to file a complaint, too. There should be some -- at least some legal basis for that. So I'm going to make a motion that we direct our Ms. Filson to advertise for members of an ethics ordinance review committee; that that committee be charged with -- starting with the state statutes concerning ethics as a basis; determining if the bar could and should be raised in a local ordinance; that especially focusing on some process that would speed up the time within which a complaint could be handled; providing some penalties on a local basis that may be in addition to state statutes existing; and to put some at least minimal burden of proof -- or I'm not sure how to phrase that, not being a legal -- COMMISSIONER CONSTANTINE: Credibility. COMMISSIONER NORRIS: -- some burden of proof on the complainant, that there must be at least some basis to file a complaint, so that we avoid what Commissioner Berry and some of the other commissioners have voiced, the ability to create monstrous frivolous political mischief with this, which has been a concern all along. And I believe that gets us where we're trying to go. COMMISSIONER HANCOCK: I think it will, and I'll second the motion. CHAIRPERSON BERRY: Okay, we have a motion and a second. One thing I would like to add. The question's come up on -- COMMISSIONER NORRIS: Oh, excuse me. CHAIRPERSON BERRY: Go ahead. COMMISSIONER NORRIS: I left out of the motion and I'd like to add it, is that we -- this committee would consist of five members which would be one from each commission district, and the people have to send in their resumes like any other commission. COMMISSIONER HANCOCK: So we should advertise to make sure one has the opportunity -- COMMISSIONER NORRIS: Absolutely. COMMISSIONER MAC'KIE: Yeah, he started with direct Ms. Filson to advertise. COMMISSIONER HANCOCK: Okay. COMMISSIONER NORRIS: Yeah. COMMISSIONER HANCOCK: The second amends to include -- COMMISSIONER NORRIS: So each commissioner will get to appoint one from their district from those people who write in and apply. CHAIRPERSON BERRY: Okay. I would like to add one thing, not to your motion, but just as a general statement. I know, Pare, you made the comment about why didn't we do this sooner. And as speaking only for myself -- I wouldn't begin to speak for the other four of you, that's not what I'm up here for, but from my standpoint -- the reason I didn't feel it was necessary is because we had a process in place, okay? We can all sit back and say now it didn't work, or it doesn't work, okay? I hadn't had any experience with it, okay? COMMISSIONER NORRIS: None of us had. CHAIRPERSON BERRY: All right? So to sit back and to prejudge and say we should have done this and that and the other thing, because the process didn't work, we didn't know at that time whether it worked or didn't work. And there was a process in place and a way to deal with the concerns that we've had before us, and that was -- that were made. And for anybody to stay and -- stand up here and say that the commissioners should have jumped out -- and what they really wanted us to do and what we were tried -- and all of us were tried to be goaded by the newspaper into doing was to stand up here and to chastise both of you publicly. That's what the attempt was. And I'll tell you why. Because it-- COMMISSIONER HANCOCK: Actually, I think they just wanted to us chastise John. CHAIRPERSON BERRY: -- would have created a story from now until the end of time about how the Collier County Commission is fighting with two commissioners on there because they're not doing what they're supposed to be doing. We didn't do that, and you've still provided a lot of entertainment for the readers in Collier County. I thank you all very much for that -- COMMISSIONER HANCOCK: Commissioner Berry? CHAIRPERSON BERRY: -- because while they're talking about you, they're not talking about me. COMMISSIONER NORRIS: They will tomorrow. They'll get you tomorrow. CHAIRPERSON BERRY: But they'll get me tomorrow. So I know that I'll be headlines tomorrow. I'm going to be disappointed if I'm not headlines tomorrow, because I'm really looking forward to it. COMMISSIONER HANCOCK: I'm glad you brought that up, because I had the very -- I had a direct question from someone with the League on Friday that says on Tuesday, they told me, you need to come out and say what you do agree with and don't agree with and take a position. And what I told them, and I'll say again here, is what anyone on this commission does in their individual or private business life is between them and the people that elected them and the laws of this state. For me to stand up here and condemn Pam because a complaint was filed against her -- and whether I agree or disagree with what she did or didn't do, or for me to take a stand publicly against John because a complaint was filed against him, whether I agree or disagree with what he has done is nothing more than piling on before the facts are made evident. And I refuse to do it. I won't pander to the paper's desire for me to do it, and I will not sacrifice the character of anyone on this board until I've had an opportunity to see every piece of information that comes in. And until that time, I have no opinion. And it's not my job as an elected representative of district two to condemn or praise you for what you do outside of your job as county commissioner. As far as I'm concerned, to the credit of particularly the two of you, during all of this, for the vast majority of what is going on with those complaints, it has not sacrificed your ability to do the job. So more than anything, I ought to be commending you for that. And when all the facts are in, the information's in, I will finally form an opinion for myself, and I still may then not wish to even make it public. Because it has no bearing on you doing your job and shouldn't. So I won't do it and I'd appreciate the same consideration should the shoe be on the other foot. I think that's how we all should conduct ourselves. COMMISSIONER NORRIS: Well, I have every confidence between the State Ethics Commission and the State Attorney's Office that the process will serve itself well and end up with the facts on the table. CHAIRPERSON BERRY: Right. COMMISSIONER NORRIS: It's just the time element that's really the problem here in this case. CHAIRPERSON BERRY: Well, it's been an unfortunate period of time I think for everybody, both all of us and certainly for the two of you that have had these things, the allegations made. And, you know, I've tried to look back, I've tried to look at things that -- you know, issues that we have dealt with on this commission, and I think in spite of all of -- everything that we've done, government has continued to function in Collier County, and I think it's functioned at a rather high level, in spite -- COMMISSIONER HANCOCK: Well, since Bob hasn't -- CHAIRPERSON BERRY: -- in spite of all of these different things that have been before us. COMMISSIONER HANCOCK: We haven't made Bob still have a meeting yet either, so -- CHAIRPERSON BERRY: Right. Anyway, I will call forthe question. All in favor? Opposed? (No response.) CHAIRPERSON BERRY: Motion carries five-zero. At this time we're going to take a break for about 10 minutes. (Brief recess.) Item #8A1 REPORT TO THE BCC REGARDING CURRENT AND PROPOSED PROCEDURES APPLICABLE TO REQUESTS FOR WAIVER OF ESTABLISHED DEVELOPMENT REVIEW AND BUILDING PERMIT FEES - STAFF RECOMMENDATION APPROVED CHAIRPERSON BERRY: Mr. Mulhere, we're going to get back to you now. We will get back to conducting county government. MR. MULHERE: Thank you. For the record, Bob Mulhere, planning services director. This item is a report that the board requested several weeks ago regarding requests for fee waivers. At the outset I just want to note that the report deals with fee waiver requests for development review and permitting fees. It doesn't deal with impact fee waivers or other fee waiver requests that might come from other divisions or departments of the county. The report outlines the history of the last few years in terms of fiscal impact of fee waivers, which I think is not very significant. It's about $2,200 a year total, although we have had sort of an influx recently in the last few weeks of fee waiver requests. As a matter of fact, there are two on the agenda following this item. We did identify that there were some procedures occurring that at least in my opinion are not authorized. It's the opinion of staff that the board is the only entity, at least with respect to building review and development review fees, authorized to waive those fees. And in fact, the term waiver's a little bit of a misnomer because the fees are actually paid. There is a fund transfer that occurs from the general reserves fund. COMMISSIONER CONSTANTINE: Mr. Mulhere, I'm terribly sorry to interrupt you. You've put together a great executive summary that goes into great detail. I'm going to make a motion we approve staff-- COMMISSIONER MAC'KIE: Second. COMMISSIONER CONSTANTINE: -- recommendation. CHAIRPERSON BERRY: Okay. We have a motion and a second. Do we have any public speakers on this issue? MR. FERNANDEZ: You have none. CHAIRPERSON BERRY: Any comments or questions from the other commissioners? We have none. I'll call for the question. All in favO r? Opposed? (No response.) CHAIRPERSON BERRY: Motion carries five-zero. Thank you, Mr. Mulhere. MR. MULHERE: Thank you. My pleasure. Item #8A2 JERRY F. KIMBRELL, REPRESENTING THE IMMOKALEE MINISTERIAL ASSOCIATION, REQUESTING A WAIVER OF THE FEE FOR A RIGHT-OF-WAY PERMIT FOR AN EVENT IN IMMOKALEE - APPROVED CHAIRPERSON BERRY: The next item on your agenda '- COMMISSIONER NORRIS: Motion to approve. COMMISSIONER MAC'KIE: Second. CHAIRPERSON BERRY: We have a motion and a second to approve the right-of-way permit for an event in Immokalee. Any speakers on this item? MR. FERNANDEZ: Yes, Madam Chairman, Steve DeLisle. One speaker. CHAIRPERSON BERRY: Do you want to talk us out of this, Mr. DeLisle? MR. DeLISLE: No, I was going to try to talk you into it. CHAIRPERSON BERRY: Since it's moving rather quickly, I don't think this appears to be a problem. I'll call for the question. All in favor? Opposed? (No response.) CHAIRPERSON BERRY: Carried unanimously, five-zero. We have kind of a little thing up here, we don't say no to God. Item #8A4 VICTOR A. VALDES, REPRESENTING BENITA GARIBAY, REQUESTING A WAIVER OF THE FEE FOR A REZONE PElTION FOR PROPERTY IN IMMOKALEE - DENIED Okay, moving on then to item 8(4), Victor Valdes representing Benita Garibay, requesting a waiver of the fezone petition for property in Immokalee, Florida. Mr. Mulhere. MR. MULHERE: Yes, ma'am. This is a result of several -- several -- actually, there was a code enforcement case on this property. There's an unpermitted nonconforming structure located on the property. We've met with -- the county attorney's office and planning department and code enforcement department over time have met with Mr. Valdes, who's representing the property owner, and we -- in analyzing the situation, we came to the conclusion that probably the only resolution to the problem there would be for the property to be rezoned to a district that would allow a mobile home -- apparently the property owner's son lives -- or wishes to live on the property in a mobile home. And the fezone technically is feasible because they're a VR, village residential, zoning which allows mobile homes located immediately adjacent to the subject property. However, again, staff is not authorized to waive the fees for such a fezone. I do want to emphasize that the board, in waiving fees in the past has been -- there have been very few fee waivers for items such as fezones or variance petitions, land development petitions. Now, certainly for special events, the board has -- for nonprofit organizations. I just want to bring that up. Of course, the staff, not having any criteria to evaluate such a fee waiver, it's our position that we would recommend denial in any case. COMMISSIONER MAC'KIE: A question. CHAIRPERSON BERRY: Commissioner Constantine, and then -- COMMISSIONER CONSTANTINE: Question for-- CHAIRPERSON BERRY: -- Commissioner Mac'Kie. COMMISSIONER CONSTANTINE: -- Mr. Mulhere, or perhaps Mr. Weigel. And you've partially answered that. Is there a hurdle that must be met here? Is there some standard? With some of our other waivers or alterations, we have to have some sort of hardship other than financial, but some sort of hardship. Or is there a hurdle that must be met in order to approve this? What's the case for the person filing? MR. WEIGEL: Okay. Well, I think it's -- looking at this on an individual basis, I think it's important for the board to accept some facts or make a finding of hardship, and it's in the public interest to go forward with this kind of waiver. We've -- staff and the board have wrestled with the question of coming up with and implementing a policy that put in a standard so we didn't have to get into the intricacies of individual requests like this. If there is a standard in place, staff I'm sure would make its best estimate and perhaps look historically to tell you what kind of number of these kinds of requests you may get. But if you were to adopt a formal policy, you may suddenly get a lot more requests than you ever had in the past. So it may behoove you to look at these things on an individual basis. But in any event -- COMMISSIONER CONSTANTINE: By hardship, you don't mean financial hardship. You mean is there some unusual use of the land hardship; is that correct? MR. WEIGEL: Clearly I mean that hardship. If you have -- if you were to entertain the other kind of hardship, a fiscal hardship, that makes it I think more problematical. COMMISSIONER CONSTANTINE: Yeah. Let's hear from -- CHAIRPERSON BERRY: Okay, Commissioner Mac'Kie? COMMISSIONER MAC'KIE: What are the criteria for -- and would the payment of this fee be eligible for payment under the same fees that we pay, impact fee waivers, for example, for Habitat houses and those kinds of things? What is the criteria question there? Maybe a Greg Mihalic question as opposed to you. I don't know if Greg -- he did? Seems to me that -- and you don't have to answer right now. It just seems to me that that is something we ought to be evaluating. It might be something similar to if you qualify for a waiver of impact fees as affordable housing, you know, some criteria like that, so that you'd just be looking at that. CHAIRPERSON BERRY: Commissioner Hancock? COMMISSIONER HANCOCK: Certainly I want to hear from the petitioner, but it seems to me what's incumbent upon us is to determine whether or not this is a hardship created by the county. If it's a hardship that was voluntarily created by the property owner for us to use tax dollars to pay for application fees, it isn't appropriate. So, Mr. Mulhere, is this rezone a requirement based on action from Collier County, or is this something the property owner did at a given time that they are now trying to correct? MR. MULHERE: This is not a request in any way due to action on the part of county, other than the fact that Code Enforcement cited the property owner for having an illegal structure. The remedy to make that structure -- and exactly that structure would not be permittable (sic), but to replace that structure with a structure that would be permittable is the rezone, so the action is completely on the part of the property owner in order to authorize placement of a mobile home on the property. COMMISSIONER HANCOCK: So when the property owner originally placed the trailer here, it was placed incorrectly? MR. MULHERE: Yes. Actually, that trailer -- yes, it was placed -- it was not permitted and could not be permitted because it does not meet building -- minimum building code. COMMISSIONER MAC'KIE: And I want to say -- I see Greg's in the room, so I want to ask him that question. But no matter what we do today, nobody is talking about allowing a substandard housing unit to be utilized out there. We can't have -- you know, it's tough to take that step, but we have to do it. Greg, my question was just, is there -- similar to when we waive impact fees for low impact -- you know what I'm trying to say -- MR. MIHALIC: Yes. COMMISSIONER MAC'KIE: -- is there SHIP money, is there grant money? Is there anything that's available for paying these fees other than just the general tax fund, if somebody should qualify for a -- MR. MIHALIC: I don't know the parameters of this particular case, but if they meet the income requirements of the SHIP guidelines, we do have some special need cases where we could waive or defer their impact fees, depending on what their income is. If they're -- COMMISSIONER MAC'KIE: If this is a building permit -- this is a rezone application fee. Can we -- MR. MIHALIC: No. I'm afraid -- COMMISSIONER MAC'KIE: Nothing? MR. MIHALIC: -- we do not have the strategy within our SHIP program that would pay for that. COMMISSIONER MAC'KIE: Okay, just wanted to know. CHAIRPERSON BERRY: Okay. COMMISSIONER MAC'KIE: Thanks. CHAIRPERSON BERRY: Do we have any speakers, Mr. -- MR. FERNANDEZ: No, you have none. CHAIRPERSON BERRY: No speakers? COMMISSIONER NORRIS: Mr. Valdes -- COMMISSIONER MAC'KIE: Well, Mr. Valdes. COMMISSIONER NORRIS: -- the petitioner. CHAIRPERSON BERRY: Okay, Mr. Valdes? COMMISSIONER MAC'KIE: How much is this fee? COMMISSIONER CONSTANTINE: Eighteen hundred bucks. CHAIRPERSON BERRY: Eighteen hundred dollars. COMMISSIONER HANCOCK: Plus 25 a day. CHAIRPERSON BERRY: Yeah. MR. VALDES: Good morning, Chairman and commissioners. For the record, my name is Victor A. Valdes, representing the family, Garibay, I am an attorney, and on Leah Consin (phonetic) I am a community speaker, or whatever you want to call me, but not an attorney. The trailer of the family Gadbay is in place, and we are -- we bring the papers here, but we are willing to prove that if -- from 1983 we have witness, we have paper, we have a picture, an aerial picture of the place. The family bought a few years ago and is unjustice that they need to ride away the trailer. They agree to fix and to take the trailer up to the code, to put the trailer in a living condition. They agree with this. But they don't have money to pay the fee and also then pay for the fix of the trailer. We are request that they let -- have the American dream to have someplace to live. We request the waive of the fee. Thank you. COMMISSIONER MAC'KIE: I have a staff question, if I may. CHAIRPERSON BERRY: Sure. COMMISSIONER MAC'KIE: What Mr. Valdes is saying is that the trailer should be grandfathered in because it predates the code; is that correct? MR. MULHERE: Not from our viewpoint. There was a Code Enforcement case; that Code Enforcement case is still pending. However, it's currently held in abeyance pending the outcome of the rezone petition. The Code Enforcement investigation, there's some question as to when the trailer actually appeared there. But in any case, it was not ever permitted. COMMISSIONER MAC'KIE: I see. So even if it was there early, Mr. Valdes, it was not permitted. MR. VALDES: Yes, but we have a case that we can give as example. In area 16, six L's a few years ago, was the same situation with 37, trailer, mobile home, and we was in front of the commission and the attorney know that was accepted and granted. Those trailer that was in this place was granted to stay in place. COMMISSIONER CONSTANTINE: I remember that. How is this different than that situation, Mr. Mulhere? MR. MULHERE: We did look at that situation, and the difference is number one, the zoning at the time that those trailers were placed in the six L's agricultural zoned property, the agricultural zoning district may allow trailers via a mobile home overlay. And in fact, many of those properties had a mobile home overlay, which was subsequently removed. And, of course, the action that we took identified those and placed the mobile home overlay back on that agricultural property. In this case, this property is zoned RMF 6, doesn't allow mobile homes, never has allowed mobile homes, and didn't allow mobile homes when the trailer was placed on the property in the first place. COMMISSIONER MAC'KIE: Yeah, that's completely different, Mr. Valdes. I wish -- you know, but it is. MR. VALDES: I don't think it's different. The situation is they are a mobile home or trailer in the property since 1983. They said no, we can prove that they are in this place since 1983. COMMISSIONER MAC'KIE: But not legally. MR. VALDES: Yes, but is more than 15 years. Now '- CHAIRPERSON BERRY: That's not the issue -- the time isn't the issue, okay? MR. MULHERE: I think he in part might be a little bit confused, because I thought that we had gotten over this and that the action to remedy this was a fezone, and the question is whether or not the property owner is required to pay the rezone fee. CHAIRPERSON BERRY: Right. COMMISSIONER HANCOCK: We had this discussion last time about whether, you know, they were there and in essence it was a form of grandlathering and that the county should take a position to remedy the situation. And our decision at that time was that the evidence did not indicate that they were grandfathered, but that the code had changed and that the county through some action had created a problem. What happened is somebody located a trailer there illegally, they then sold it to someone who didn't check to find out whether it was there legally or not, and they bought it -- the Gadbays bought it two years ago, I guess, thinking they had it in a properly zoned area, and now they find out they didn't. You know, what I'm concerned about is does this mean if we say that someone -- and let's take the -- Looneyville, out in the eastern part of the county. Just because you build it without a permit '- COMMISSIONER MAC'KIE: Yeah, we can't. COMMISSIONER HANCOCK: -- or build it illegally, doesn't mean that the county has a responsibility to use tax dollars to waive your permits down the road. COMMISSIONER MAC'KIE: Just can't. COMMISSIONER HANCOCK: So we do have another case where we're treating these people exactly like we treated the folks out at Looneyville, which is to say just because you did it illegally doesn't make it right, and it's not the taxpayers' responsibility to correct that, it is the property owners' responsibility. COMMISSIONER MAC'KIE: And they don't have any extra money laying around out there either. COMMISSIONER HANCOCK: No, we can't use financial criteria as a reason for subsidizing people with tax dollars. COMMISSIONER MAC'KIE: Unless there were some SHIP program or something otherwise available, and we know that there's not, so '- COMMISSIONER HANCOCK: So I think the more appropriate case is what happened on the Looney property, not what happened at six L's. COMMISSIONER MAC'KIE: Yeah. COMMISSIONER NORRIS: Mr. Valdes, with all due respect, you mentioned letting these -- allowing these people the ability to live the American dream. Well, again, with all due respect, the American dream is the freedom to be able to do any kind of gainful employment that you so choose and that you're able to do and to earn your own way in the world and to excel and to better yourself as you go along. I don't think the American dream is to depend upon the government for sustenance. MR. VALDES: The American dream is to have a piece of property that they gain with his job. They bought this property and now, 15 years later, the government tried to take out of this property. COMMISSIONER HANCOCK: That was illegal in the first place. MR. VALDES: And allow the -- Commissioner Constantine, you said that the board take an action in last meeting that we had the list. I have the transcription of this meeting. The unique action that the board took was recommend -- recommended the staff to handle and work with us. Was no took any action to. Said no, take the property out or something. Here it is. What you said -- what the five of you told, was not what you said. COMMISSIONER HANCOCK: Did I say then that we should use tax money to subsidize -- don't bring that here, I know what I said. Did I say that we would use tax money to subsidize your clients' request? Is that anywhere in there? MR. VALDES: No. COMMISSIONER HANCOCK: Because what I'm saying today is that it's inappropriate to do that. So there is no conflict, Mr. Valdes. The bottom line is that Collier County did not create the problem on the property. The Gadbays bought this two years ago, you said? MR. VALDES: Four years. COMMISSIONER HANCOCK: Four years ago. So 13 or 15 years ago, the Gadbays weren't in the picture. MR. VALDES: But the property was in the picture. COMMISSIONER HANCOCK: Understood. But they owned -- they have owned it for four years and they have owned it as a nonconforming use, more or less. It's illegally placed there. The only remedy available to this board within county and state law is to change the zoning or require the removal of the property. Those are the options available. Don't interrupt me, Mr. Valdes. Those are the options available. So you're asking this board to take tax money and pay for the rezone because these people can't afford it. That's the crux of this request. If we do that for these people, we have to begin paying for rezones for every indigent property owner or every property owner who says they can't afford to rezone the property. And I -- that's just a slippery slope that I don't think is in the best interest of this county. So, you know, the county didn't create this problem. Code Enforcement reacted to a situation that was bad, that needed to be fixed, and it was the responsibility of the property owner to keep that property up to code compliance. They didn't do it. So it wasn't a county initiated action here by the Board of County Commissioners. It was simply complying with the law. And this property hasn't complied with the law from day one, and I don't think we should subsidize that with tax dollars. MR. VALDES: Can I answer you? COMMISSIONER HANCOCK: Go ahead. I didn't ask a question. MR. VALDES: Okay. The county make a code enforcement -- a code, 1990, amended '91, and the trailer was first done to code. Why is illegal if the code came after the trailer? COMMISSIONER HANCOCK: You're missing the point. The point is the trailer is there illegally. It never should have been put there. It was placed there illegally. That's what we're being asked to fix today. By changing the zoning, the trailer would be there legally. However-- and Mr. Weigel, maybe you can answer this better than I can, but the laws are the laws. When you change the speed limit on a road, that doesn't mean you can still drive at the old speed limit. Everyone has to comply with the laws as they are amended. These laws are amended for the protection of the public health, safety and welfare. And we are required to enforce those laws, period. Just because a trailer was there before the code -- before the laws were changed requiring living conditions to meet a minimum standard, Mr. Weigel, does that exempt this property from meeting those codes? MR. WEIGEL: No, it does not. COMMISSIONER HANCOCK: Do we have the legal authority to exempt them from meeting those codes? MR. WEIGEL: I would suggest that you do not. COMMISSIONER HANCOCK: Mr. Valdes, again, we don't have the option to do what you're asking to do legally. CHAIRPERSON BERRY: May I say to the rest of the commissioners, this isn't something that is just coming before us right now. There has been a lot of work done on this. Our attorney, Mr. Manalich, has been involved with Mr. Valdes and the Gadbay family, trying to work out and tried to come to some kind of understanding about this whole situation. And so this isn't something that's just, you know, kind of out of the blue. And I know they've tried to explain, you know, what has taken place, why it's taken place. But of course that still doesn't preclude and stop anyone from coming before the Board of County Commissioners. So that's the situation at this time. Commissioner Constantine? COMMISSIONER CONSTANTINE: Victor, I understand this is a tough spot to be in, and it's not the Gadbays' fault necessarily that they're in the situation for something that happened before they owned the land. However, they are responsible when they purchase land, you have some responsibility to know what it is you're purchasing. And so it's unfortunate they're stuck here, but it is not the responsibility of every other taxpayer in the county to pick up the tab because they weren't aware that it wasn't on there legally. That's -- ultimately the responsibility lays with whomever the owner of the property is, and in this case that's them. So I understand what you're trying to achieve here, and I understand they're in a tough spot, but it's not something I think the rest of the county and the rest of the taxpayers can be responsible for. Ultimately we're all responsible for ourselves. MR. VALDES: I understand that always -- almost always the Board of County Commissioners sit the poor on the hot chair. And we cannot do nothing until we have all people going to vote and change like all place, change the commission and have minorities and poor people sit down in those chairs willing to work in those way. COMMISSIONER NORRIS: Are you suggesting then that if you had minorities and poor people on the board that they would vote against -- vote in a manner that would be against the public interest? MR. VALDES: I don't know. I finish my participation. COMMISSIONER CONSTANTINE: Victor, I guess I've got to take a little exception. I tried to be reasonable and rational with you, and now you're telling me that A, I'm rich, which I'm not, and that I'm not concerned about minorities or poor people, and neither one of those are true. What I'm telling you is I'm concerned about all taxpayers. And it's not every other taxpayer's responsibility to pay for someone who didn't know what they were buying when they bought their own land. That doesn't have anything to do with classes or with race or with anything else. MR. VALDES: Well, I respect your opinion, but I have my own opinion. COMMISSIONER HANCOCK: That's a classic case, when you don't get what you want, blame it on something such as whether it be race or class warfare or whatnot. I've heard it a million times. It simply doesn't hold water here, Victor. And I think it's offensive. But you're right, you're entitled to it. COMMISSIONER CONSTANTINE: Madam Chairman, I make a motion we not -- that we decline the request for the waiver. COMMISSIONER NORRIS: Second. CHAIRPERSON BERRY: Okay, we have a motion and a second. Do we have any other public speakers on -- MR. FERNANDEZ: No. CHAIRPERSON BERRY: -- this issue? Okay, I'll call forthe question. If there are no more commissioner questions, all in favor? Opposed? (No response.) CHAIRPERSON BERRY: Motion carries five-zero. Item #8A5 INTERLOCAL AGREEMENT EXTENSION BETWEEN COLLIER COUNTY AND THE CITY OF MARCO ISLAND FOR THE COUNTY PLANNING SERVICES DEPARTMENT STAFF TO PROVIDE PLANNING SERVICES TO THE MARCO ISLAND PLANNING BOARD AND MARCO ISLAND CITY COUNCIL - APPROVED The next item is item 8(A)(5), extension of interlocal agreement between Collier County and the City of Marco Island for the County Planning Services Department staff to provide planning services to the Marco Island Planning Board and Marco Island City Council. Mr. Cautero. MR. CAUTERO: Good morning, Madam Chairman, commissioners. Vince Cautero for the record. COMMISSIONER NORRIS: Motion to approve. COMMISSIONER CONSTANTINE: Second. Are you okay with that, Vince? MR. CAUTERO: Certainly. COMMISSIONER HANCOCK: Everything's hunky-dory? Okay. CHAIRPERSON BERRY: And this is forthe period of time ending when? COMMISSIONER NORRIS: Just fiscal year. MR. CAUTERO: Balance of the fiscal year. CHAIRPERSON BERRY: Balance of the fiscal year. COMMISSIONER CONSTANTINE: If they get too outrageous during the budget discussions, can we just pull this right out? COMMISSIONER NORRIS: Sure. COMMISSIONER HANCOCK: Forthe record, I believe that was a joke. COMMISSIONER CONSTANTINE: Leave that ambiguous. CHAIRPERSON BERRY: All right, there -- everything has proceeded MR. CAUTERO: Yes. CHAIRPERSON BERRY: -- in a kind manner to our staff? MR. CAUTERO: Yes, we're doing fine. We have been doing something that I did add to the agreement, just for the record, on page three of your executive summary. In covenant number one, the last sentence is new. We are sending copies of staff reports for quasi judicial legislative items to the city's community development director for his review. That office is in a state of flux now, but we'll continue to work with them. Something we're already doing, but we wanted to codify from this agreement. COMMISSIONER MAC'KIE: Are there fees associated with that? Do they pay for that service? MR. CAUTERO: They are paying us in accordance with the first two agreements $30 per hour for staff time at the public hearings plus mileage reimbursement. COMMISSIONER MAC'KIE: Thank you. CHAIRPERSON BERRY: Okay, if there are no further questions or speakers, I'll call for the question. All in favor? Opposed? (No response.) CHAIRPERSON BERRY: Motion carries five-zero. Item #8A6 FUNDING A.S.A. PROPERTIES IN-LINE SKATING COMPETITION FOR $40,000 IN TOURIST DEVELOPMENT FUNDS - APPROVED WITH CHANGES Next item, TDC funds, has to do with the ASA skating '- COMMISSIONER CONSTANTINE: Madam Chairman, considering how wildly successful this was in our track record with events, we ought to take advantage of those few that -- COMMISSIONER MAC'KIE: No kidding. COMMISSIONER CONSTANTINE: -- are successful. I'll make a motion we go ahead -- COMMISSIONER MAC'KIE: Second. COMMISSIONER CONSTANTINE: -- and approve the recommendation. MR. MIHALIC: Thank you, commissioners. Mrs. Ramsey would like to make a statement before you approve it. And Mr. Bratman's here to answer any questions. He's the president of ASA. COMMISSIONER CONSTANTINE: Thank you. COMMISSIONER HANCOCK: You'd hate to travel here, Rick, for absolutely nothing, wouldn't you? COMMISSIONER CONSTANTINE: Just out of curiosity, do we know who the two TDC members who voted against this were? COMMISSIONER MAC'KIE: I don't. MR. MIHALIC: Yes, Mrs. Buysse and Mr. Doherty. CHAIRPERSON BERRY: Buysse. MR. MIHALIC: Buysse and Doherty voted against it. MS. RAMSEY: For the record, my name is Maria Ramsey, director of parks and recreation. I'm requesting some additional funds to help with the overtime expenses related to staffing for this event in the amount of $3,788. COMMISSIONER MAC'KIE: I think that's very fair, that if you're -- you know, it shouldn't come out of your general budget if it's directly related to this particular event. COMMISSIONER CONSTANTINE: Agreed. I'll amend my motion to reflect that. COMMISSIONER MAC'KIE: Was I the second? So I amend. CHAIRPERSON BERRY: Okay. Any further questions? Any speakers, Mr. Fernandez? MR. FERNANDEZ: No speakers. MR. BRATMAN: Actually, commissioners, I'd like to address a point as well. CHAIRPERSON BERRY: Identify yourself, please. MR. BRATMAN: Rick Bratman, president of ASA Properties. We had originally requested $59,000 from the TDC for this event and submitted the budgets and the -- all the materials that were required of us for the TDC contract. And during the TDC meeting, $40,000 was approved. What I'd like to do is to respectfully request the additional $19,000 and explain to you why it is that we feel it's important. One of the things that was so successful about this event last year was the media exposure that we were able to grant Collier County as part of the television programming. Last year we did five hours of programming. Generated approximately 1.4 million dollars' worth of media exposure in print and television for the park, for the city and for the county. By eliminating -- by reducing the budget from what we requested, from 59,000 down to 40,000, the TDC asked us to resubmit what we would use the funds for, and what unfortunately had to come out of that budget was the money for us to do features production and post-production work, which is really where Collier County gets most of its value is us doing the types of features; things like, you know, interviewing county employees to have them talk about the park, things like having skaters out there and talking about the park. Those are the little extras that cost more money to do but are worth it in the long run in terms of the exposure for the county. And so I'd like to request if we could relook at the additional $19,000. I feel like for that $19,000, you would receive 20 times the value in the media exposure out of that. COMMISSIONER CONSTANTINE: Commissioner Berry, at the TDC meeting, what was the -- what was the discussion that -- I assume there was some discussion that caused the cutting of that. CHAIRPERSON BERRY: There was. In fact, many of-- we had several items that night that came before the TDC, and I'm not sure, there may have been one item that was fully funded. A track -- what was that, a run -- one of the -- it was like a $3,500 amount, as I recall. It was the very first item. MR. MIHALIC: Yes. CHAIRPERSON BERRY: And then from that point on, we decided that we would hear all of the items before we would make a decision. We were dealing with a limited amount of funds. We wanted to stay within that amount and not tap into the disaster funds, as was told. COMMISSIONER MAC'KIE: You can't. CHAIRPERSON BERRY: So there were a lot of groups that night. As I said, the only one that I recall that got the full funding that they requested was that run -- whatever it was, the typical name. The rest of the groups that had requested funds did not receive the full amount that they had requested, because we did want to stay within that budgeted amount and not tap into the disaster funds. So that was our reason -- at least that was my reasoning for not wanting to do it. The skating was approved for 40,000, the jazz festival for the county, they had requested 24, we allocated 10 to them. The basketball foundation, Naples Girls' Basketball Foundation, I believe they were another one that got five. COMMISSIONER NORRIS: I think the point's well made. CHAIRPERSON BERRY: Okay. COMMISSIONER NORRIS: Are there any other funds available? COMMISSIONER CONSTANTINE: Budgetary restrictions. CHAIRPERSON BERRY: Let's see, I'm not sure what that added up to be. COMMISSIONER NORRIS: You ended up using up the budget; is that correct? COMMISSIONER MAC'KIE: Mr. Mihalic, were there any other funds available? MR. MIHALIC: No, there were $27,000 left -- CHAIRPERSON BERRY: Is that what we ended up with? MR. MIHALIC: -- out of the 99,000 that were available for allocation. So there were $27,000 that were left over. COMMISSIONER MAC'KIE: So we could grant this and still have 13,000 left over? MR. MIHALIC: Yes, commissioners. COMMISSIONER CONSTANTINE: Can you run through -- you just said some of the post-production work. Run through what you will be spending it on. You said post will be cut. MR. BRATMAN: Yeah, it's approximately about $19,000 in features and post-production. We were going to do things like -- COMMISSIONER CONSTANTINE: Tell me what -- don't tell me what will be cut now, tell me what's left. Out of the 40,000, that will go to what? MR. BRATMAN: That would go towards some print advertising, some basic television production fees that would revolve around just shooting the event itself, not shooting any ancillary or additional items. Things like dubs, radio advertising and promotion, print advertising and promotion, the creative design and execution of our posters and fliers and things of that nature. COMMISSIONER CONSTANTINE: It will air where afterwards? MR. BRATMAN: It will air -- there will be eight broadcasts on ESPN and ESPN 2, and they'll all be 30-minute shows. They'll run throughout -- not only in the United States, but also ESPN's international footprint, which includes Canada and Latin America. In addition to that, we've signed a multi-year agreement with a network in Europe called Eurosport, which is sort of the ESPN equivalent to. In Europe -- it's 77 million homes throughout Europe that this show will run four times in Europe. Every European nation. It will run in Japan, it will run all throughout Latin America, Australia, South Africa. Basically 170 countries around the world this event will -- COMMISSIONER CONSTANTINE: Primarily what you're talking about is the quality of what we put together then, if you're talking about some of the on-site production and then post-production work. I'm just wondering, because I'm trying to figure out $19,000 worth of camera guys interviewing our staff and post is a lot. And I'm -- help me with an understanding exactly what we're missing and the number of hours that are going to be spent doing that, because studio time adding up to 19,000 is still a lot of studio time, if you're going to be there anyway, and then just editing these, and it doesn't seem like -- I understand the on-site costs will be additional. I'm not following you on what post costs would have to be cut. MR. BRATMAN: Sure. I mean, it requires additional camera people and things like that coming in early to do features. I'll give you an example, Commissioner: We had planned on flying in six of the top skaters from around the world. We had planned on flying them in on Friday, the day prior to the event, and filming the segment which we use called the tricktionary (phonetic) which is designed to describe and educate the general consumer as to what the tricks are. We use that feature throughout the year on our broadcast. And so we have to bring in extra people, extra talent and spend a lot of time in post in creating this tricktionary feature that was going to be shot at Sanctuary Skate Park that would, you know, give the parkers a little exposure throughout the year. That's over and above what we would do at the event itself. We would film additional features; we would go into post. It's basically -- it's a budget that will allow us to do the little extra things that will help generate a significant amount of additional exposure for-- COMMISSIONER CONSTANTINE: What do you shoot on? MR. BRATMAN: Usually Beta SP. Sometimes -- we do a little bit on film, but the majority is Beta SP. COMMISSIONER CONSTANTINE: Would the -- those trick-sharing (sic) that you would use throughout the year, would those just happen to be at Sanctuary, or would there be some Naples, Florida, Collier County, Florida -- or at Sanctuary -- would there be some reiteration every time that showed the rest of the year? MR. BRATMAN: In terms of branding of it with Collier County, I can't say that it would. I think that there would be some familiarity, certainly, with the park and the course. COMMISSIONER CONSTANTINE: I guess I can't say that it's worth 19,000 bucks to pay for something you're going to use on every other broadcast other than this one. COMMISSIONER MAC'KIE: Unless it's going to be Collier County specific. COMMISSIONER CONSTANTINE: Yeah. If-- other than -- if you happen to be tuned in and know -- you know, I know what the Forum looks like at a Laker basketball (sic), and so if something happens at the Forum, I know it's there. But I don't see the -- COMMISSIONER MAC'KIE: But I don't. COMMISSIONER CONSTANTINE: -- value. Frankly, for Beta SP to get somebody to shoot for a day, there's some very good local shooters that you could pick up for 800 bucks, 1,000 bucks or less, and I understand there would be some additional post time. But I just can't imagine $18,000 worth of studio time to do the additional post, what you've said, unless it is for every show for the rest of the year, and I don't know that we can justify paying your costs for that. MR. BRATMAN: Okay. I mean, there -- we can certainly look at a branding issue, if that becomes important to the commissioners for that. I'll also say that, you know, the event has generated a lot of shod-term and long-term economic impact for the park. I mean, I know that we received a call from a family in Brazil who had seen the show. And it's kind of funny, but I think it's something that's worthy of mentioning here. They were really excited because they were coming to the United States for the first time, and they were telling us that they were going to New York, Los Angeles and Naples. And -- COMMISSIONER MAC'KIE: All the major spots. MR. BRATMAN: Yeah, exactly, all the major cities in the United States. COMMISSIONER HANCOCK: I don't like that company we're keeping. MR. BRATMAN: And I know that for instance, you know, last year -- or recently during spring break I was told by Linda Rice, who runs the park, that she had groups from 14 different states attending there. And these are -- you know, there's no way that somebody from Michigan could have known about this park unless they saw it through our television programming. And we -- what we'd like to do is to put ourselves in the position to give the park that kind of exposure again. Last year we had larger television budgets because it was the world championships event. This year, as you know, it's not the world championships. However, because we do such a small number of events throughout the year, it's still a big, big production. So I guess again my point is that for the $19,000 that you'd spend, you'd make that back twentyfold in the amount of media exposure that you'll get. I can look at branding issues for the tricktionary, but I think even within the confines of your own shows, the eight broadcasts on ESPN itself, you're looking at -- I can very easily justify the $19,000 additional expense at the end of the year when I can do an analysis for you saying okay, you spent this, Commissioner, and because of that you received an extra $136,000 of media coverage in the show. COMMISSIONER CONSTANTINE: How many times a year will trick-sharing cost and where (sic). I mean, how many times will that show? And where? MR. BRATMAN: The tricktionary will show about every other broadcast that we do. We're doing a combined total of 88 hours of programming this year. We're not going to shoot our entire tricktionary series here. We're going to shoot six of them, out of maybe about 20 or so that we'll shoot during the year. We also plan on doing a number of other features here. Since we're incurring the expense of bringing these guys in a day early, we'd hoped to really maximize using the park. We've asked our staging people to be set up by Thursday night so we could spend the whole day on Friday really shooting different types of television features. I mean, our goal is to shoot as much footage as we can so that at the end of the year we do have a collection of things that we can use and make decisions as to what's the best stuff to actually put onto the programming itself. COMMISSIONER CONSTANTINE: I want to make one minor amendment to my motion and that is that all footage from here should carry some sort of labeling or logo from Naples or Collier County, Florida. And I'm going to leave the amounts the same. CHAIRPERSON BERRY: What's the amount? COMMISSIONER CONSTANTINE: Forty thousand. COMMISSIONER HANCOCK: I have to agree. Because it's -- because of the tricktionary and what you want to do. I understand its function overall, but because it isn't a dollar spent directly promoting or advertising Naples and Collier County, then I think it's an inappropriate expenditure. I think I can make that direct correlation on just about everything else on the sheet, but on that one piece, I can't. So I'm going to agree with the motion. Has there been a second on the motion? COMMISSIONER MAC'KIE: Yeah, I amend. MR. BRATMAN: I also -- I'd like to add, though, that -- I mean, I brought up the tricktionary as sort of an addendum to some of the things we were going to be doing that -- really, the focus of that money was supposed to be in the actual programming itself, to promote the park, to do the extra things. And if you don't feel that, you know, we can justify $19,000. I mean, I'm happy to try to break it down for you even further, but my point is that I believe that Collier County's exposure in the broadcast will suffer as a result of not having the additional $19,000. COMMISSIONER CONSTANTINE: I appreciate that. And again, I'm thinking in terms you get an extra shooter for a day, you get 1,000 bucks, but when you spend your time in post, you still are only going to edit a total show of "X" number of minutes, whether it includes that or not. So whatever footage you have, whether that's on eight tapes or you have a ninth tape from the extra day, you're still sitting in the same studio for the same number of hours editing together the same amount of total program. So there really shouldn't be any additional post costs, if that is your intent. MR. BRATMAN: But we do edit features separately. We do all of our features in blocks of post time throughout the year, and then we COMMISSIONER CONSTANTINE: You understand my point. MR. BRATMAN: Yeah, of course. COMMISSIONER CONSTANTINE: Your programming is going to have 28 minutes and -- MR. BRATMAN: Of course I do. COMMISSIONER CONSTANTINE: -- 50 seconds, or whatever it has -- MR. BRATMAN: Absolutely. COMMISSIONER CONSTANTINE: -- and it takes a certain amount of time to edit that much programming together. MR. BRATMAN: Right. COMMISSIONER CONSTANTINE: And you may have some different source material, but that's hard to justify an extra $18,000 because it may be different material. If you're looking to come up with an extra day of shooting, maybe I can live with that, if we know what that's going to be. Ifthat's 1,000 bucks for a shooter and, you know, we know that's going to be "X" minutes of -- or "X" percentage of each program, and we'll carry -- my motion is going to have all of the programming carry the branding anyway, but carry the branding, then I can live with that. But I can't justify $18,000 more than that in post-production that I -- I just can't see. I can't see it happening. MR. BRATMAN: There were other things on the -- that had to be cut as well. There were some things cut from the print budget, as well as some things cut from the radio budget as well. I just sort of used the post-production as a sort of a lump sum. COMMISSIONER HANCOCK: I'm sure you can appreciate, Mr. Bratman, that the TDC looked at these in total, and had to make judgments and cutbacks everywhere. We just can't provide everything to everyone. Had a few of these been provided in their entirety, others may not have been provided for at all. So I think I'm going to -- you know, the TDC looking at that big picture as opposed to us looking at one application today, I'm going to have to trust their judgment. And then the overall picture -- you know, $40,000 isn't chump change. I think it shows a commitment on Collier County's part to have the ASA tour event here. I doubt you get that type of commitment from every community you go to. So, you know, I'd say, you know, if the event was so successful, capitalize it on the air, your sponsorships, and make up that 19 grand and off we go. But I think today it sounds to me like about 40,000 is all we're going to get to. MR. BRATMAN: Fair enough. Thank you. COMMISSIONER MAC'KIE: Call the question? COMMISSIONER CONSTANTINE: And again, just to repeat my motion, my motion now includes the branding issue for all programming broadcast -- or taped out of Collier. CHAIRPERSON BERRY: Okay. And this is within the forty thousand dollar -- COMMISSIONER CONSTANTINE: Correct. CHAIRPERSON BERRY: -- allocation. Okay, do we have any other speakers on this item? MR. FERNANDEZ: No other speakers. CHAIRPERSON BERRY: I'll call forthe question. All in favor? Opposed? (No response.) CHAIRPERSON BERRY: Motion carries five-zero. Item #8A7 RESOLUTION 98-119 AUTHORIZING THE CHAIRMAN TO SIGN A TECHNICAL LETTER OF NOTIFICATION TO ALL UNITS OF LOCAL GOVERNMENT ADVISING THEM OF COLLIER COUNTY'S INTENT TO APPLY TO THE FEDERAL DEPARTMENT OF HUD FOR THE PURPOSE OF BEING QUALIFIED AS AN URBAN COUNTY AND BEING ABLE TO RECEIVE ENTITLEMENT GRANTS - ADOPTED Next item was added on, item 8(A)(7). COMMISSIONER HANCOCK: Mr. Mihalic, by printing the term urban county, you have just spawned -- COMMISSIONER MAC'KIE: Oh, but -- COMMISSIONER HANCOCK: -- difficulties. COMMISSIONER MAC'KIE: -- it's a -- this is such a good program. MR. MIHALIC: It's one of those items we can't wordsmith. COMMISSIONER CONSTANTINE: Madam Chairman, motion to approve -- COMMISSIONER MAC'KIE: Second. COMMISSIONER CONSTANTINE: -- staff recommendation. CHAIRPERSON BERRY: All right. We have a motion and a second. Do we have any speakers on this item? MR. FERNANDEZ: No speakers. CHAIRPERSON BERRY: Okay, any questions by any commissioners? COMMISSIONER HANCOCK: Can we change it to county within urban area? CHAIRPERSON BERRY: Urban county. Oh, that's going to be wonderful. COMMISSIONER HANCOCK: County with a nonexpanding -- COMMISSIONER CONSTANTINE: That was my favorite movie, urban county. CHAIRPERSON BERRY: Urban county. Okay, I'll call for the question. All in favor? Opposed? (No response.) CHAIRPERSON BERRY: Motion carries five-zero. MR. MIHALIC: Thank you, commissioners. Item #8D2 STAFF DIRECTED TO ADVERTISE FOR AMENDMENTS TO SOLID WASTE MANDATORY COLLECTION ORDINANCE 90-30 AND INCORPORATE SAID AMENDMENTS INTO THE EXISTING FRANCHISEE SERVICE AGREEMENTS WITH WASTE MANAGEMENT, INC. AND IMMOKALEE DISPOSAL CHAIRPERSON BERRY: Next item is item 8(D)(2), approval to amend solid waste mandatory collection ordinance 90-30, as amended, and incorporate said amendment into existing franchisee service agreements with Waste Management, Inc. and Immokalee Disposal. Mr. Yonkosky. MR. YONKOSKY: Madam Chairman, commissioners, good morning. My name's John Yonkosky, I'm your director of revenue. This agenda item 8(D)(2) is a request for the board to consider and direct staff to make two changes to your existing solid waste mandatory ordinance. The -- and if you do provide that direction, we would like you to also direct those to amend the two contracts that carry out that ordinance. That's with Waste Management, Inc. and Immokalee Disposal. COMMISSIONER CONSTANTINE: Mr. Yonkosky, you're just looking for us to approve the concept and then you have to advertise it for actual ordinance; is that correct? MR. YONKOSKY: That's correct. COMMISSIONER CONSTANTINE: Motion to approve staff recommendation. COMMISSIONER MAC'KIE: Second. CHAIRPERSON BERRY: All right, we have a motion and a second. Do we have any speakers on this issue? MR. FERNANDEZ: No speakers. CHAIRPERSON BERRY: I'll call forthe question. All in favor? Opposed? (No response.) CHAIRPERSON BERRY: Motion carries five-zero. Thank you. Next item, Mr. Fernandez. Item #14A STATUS REGARDING REORGANIZATION PROPOSAL AND REQUEST OF PRODUCTIVITY COMMITTEE TO DISCUSS SAME AT THEIR MAY 20 MEETING - TO BE PRESENTED TO THE PRODUCTIVITY COMMITTEE MR. FERNANDEZ: Madam Chairman, the only item that I need to present to you is just to inform you of the status of the reorganization proposal that I made to the board. The board directed us to develop cost figures specifically affecting that proposal and bring it back to the board. You're probably curious why it hasn't come back by this time. The answer is we have received a request from the productivity committee to have the proposal discussed at that committee -- the next committee meeting. I believe that meeting is May the 20th. And it is my intent to bring it back to the board after that meeting. COMMISSIONER MAC'KIE: One thing that the productivity committee did want to be sure is that they are pursuing an avenue that has the board's support, that you would like to have productivity committee look at this question. They have others on a list that I'll be bringing to you to be sure that you're satisfied with the areas that they're investigating that -- is that generally a good idea, that the productivity committee look at this reorganization chart and how it can be financed, whether or not it should be approved? Are you guys CHAIRPERSON BERRY: Is it the time frame? Pam, they've got a pretty full plate, don't they? I mean, they are working on a ton of items. COMMISSIONER MAC'KIE: They are, but you know what? They're -- CHAIRPERSON BERRY: I mean, not that they're not capable, I'm not suggesting that. But to give every item their full consideration, I mean, have you brought this up to them? COMMISSIONER MAC'KIE: Yes. And if l had realized this was going to be discussed today, I would have brought for you the work matrix that's been prepared that they very carefully plotted out who's working on what and on how they can handle all of the many, many assignments that they have. So they would like -- COMMISSIONER CONSTANTINE: At the risk of uniting a discussion, are we individually giving assignments to productivity committee now? COMMISSIONER MAC'KIE: No, that's why -- I assume that's why this is being discussed right now is to be sure that it is something that you want them to be doing. COMMISSIONER HANCOCK: I don't think it's -- you know, unlike most of the projects they look at that are time-consuming and lengthy, you know, this one's not that time-consuming. So if it's something that could be done in short order that -- I'm fine directing and asking for their input on it, but I would like that time frame to be condensed, because this has obvious budget implications. COMMISSIONER MAC'KIE: Right. MR. FERNANDEZ: Madam Chairman? CHAIRPERSON BERRY: Yes. MR. FERNANDEZ: It's my understanding that what has been requested is not a thorough examination or an investigation of the proposal, but rather a discussion. I think the productivity committee would appreciate hearing some of the logic behind the recommendation that's been made, what are -- what we anticipate happening as a result of the reorganization, and maybe ask some questions. I expect the discussion to be completed in that singular meeting and had hoped to bring the item before the board at the next scheduled agenda. CHAIRPERSON BERRY: Right, I just didn't want to get the -- it just gets to everything that we discussed that they have to -- you know, that we're asking them to pass judgment on it. I think we've got some sizeable projects that they certainly, you know, can get involved in that are very time-consuming. I just don't want them to get buried under a lot of other little things -- you know, I say little. I don't mean to minimize this particular discussion and what you're talking about. But I don't want them to be buried under those kinds of things. So if it's something that you can go and present this to them and they can talk about it and think about it and maybe give some feedback in very short order, I think that probably is appropriate. COMMISSIONER MAC'KIE: And just for update purposes, Sue, if you could get a copy of the matrix of work items that the productivity committee has on its plate right now, I'd like to put that in next week's agenda packet so that everybody can agree or disagree that this is the direction we'd like for them to be taking, and maybe help them prioritize some of the really important things they're trying to tackle. CHAIRPERSON BERRY: Okay. Yes. MR. FERNANDEZ: I just want to add that I -- I'd like to apologize for not alerting Commissioner Mac'Kie that I was going to bring this up. COMMISSIONER MAC'KIE: Thank you. MR. FERNANDEZ: It was really just a status report as we were preparing for the agenda. We thought that the board was entitled to some kind of status report, because it has been some time since the board had directed me to come back to you with that reorganization plan, so -- COMMISSIONER HANCOCK: I'll make a motion we give direction to look at the staffing issue on as short a time frame as possible and just respond to the board with a level of appropriateness from the productivity committee. COMMISSIONER NORRIS: Second. COMMISSIONER HANCOCK: I'm sorry, that includes also looking at the funding issue which was outlined by Mr. Fernandez. CHAIRPERSON BERRY: Okay, we have a motion and a second. All in favor? Aye. COMMISSIONER MAC'KIE: Aye. COMMISSIONER NORRIS: Aye. COMMISSIONER CONSTANTINE: Aye. CHAIRPERSON BERRY: Opposed? COMMISSIONER CONSTANTINE: Aye. CHAIRPERSON BERRY: Motion carries four to one. COMMISSIONER CONSTANTINE: Mostly just because it's been five-oh all day. CHAIRPERSON BERRY: One in every crowd. Item #14B UPDATE REGARDING RQUEST AND DISCUSSION CONCERNING THIRD PARTY BENEFICIARY ASPECTS OF THE 1996 PGA INTELLINET CONTRACT Okay, Mr. Weigel, do you have any kind of a report for us today? MR. WEIGEL: I don't have a particular report. As you've seen, I've passed out a memorandum as a follow-up regarding discussion and the request concerning third-party beneficiary aspects with the old PGA Intellinet contract, 1996 version. I'm able to respond to any questions you should have. COMMISSIONER CONSTANTINE: Mr. Weigel, can I see you in my office after the meeting? MR. WEIGEL: Of course. COMMISSIONER CONSTANTINE: Thank you. CHAIRPERSON BERRY: All right. Ifthere's nothing further, we'll move on then to the -- COMMISSIONER NORRIS: Any questions on that? COMMISSIONER MAC'KIE: I haven't read it yet. I'm trying to read it now. I'm on the second page -- third page. COMMISSIONER CONSTANTINE: Speed reading. CHAIRPERSON BERRY: Okay. Well, let's move on. Item #10A OUTSTANDING ISSUE RGARDING MARCO ISLAND COAST GUARD STATION RESOLVED This is the discussion regarding Marco Island Coast Guard Station. Commissioner Norris. COMMISSIONER NORRIS: This issue has been resolved. We're building a new little coast guard station down at Caxambas boat ramp, and there was some discussion on the Marco Island City Council whether they might want to chip in some money to upgrade the appearance of the building. But after looking at our plans, they officially took a vote last night and said that our plans are just fine, thank you, and they'll -- COMMISSIONER MAC'KIE: Pretty enough. COMMISSIONER NORRIS: -- leave 'em alone, so that issue has dissolved. Item #10C RESOLUTION 98-118 EXTENDING THE LAKE TRAFFORD RESTORATION AD HOC TASK FORCE THROUGH MAY 7, 1999, AND APPOINTING AND REAPPOINTING MEMBERS - ADOPTED CHAIRPERSON BERRY: Okay. Moving on then to item 10(C). COMMISSIONER MAC'KIE: Motion to approve the recommendation to extend the task force. CHAIRPERSON BERRY: Okay. This is the extension of the Lake Trafford restoration ad hoc task force to be reappointed through 1999. COMMISSIONER HANCOCK: Is -- and I'm sorry, it's not something I'm intimately familiar with. Is there a -- are we going somewhere with this? COMMISSIONER MAC'KIE: They just want to stay alive long enough to try to get some federal funding is what I understand. CHAIRPERSON BERRY: I think that's the indication. COMMISSIONER HANCOCK: All right. COMMISSIONER CONSTANTINE: And we're just reappointing the same folks? We're just reconfirm -- MR. WEIGEL: Added a person. I think there was one -- COMMISSIONER CONSTANTINE: That is what I was trying to understand. COMMISSIONER HANCOCK: One dropped off, one new. COMMISSIONER CONSTANTINE: Ms. Filson? MS. FILSON: Yes, sir. They're all reappointed except the very last one. I think her name is Pam something. COMMISSIONER CONSTANTINE: The one that says new appointment? MS. FILSON: Yes, sir. COMMISSIONER CONSTANTINE: Thank you very much. COMMISSIONER MAC'KIE: That was the clue. COMMISSIONER HANCOCK: I'm sorry, was there a motion on this? COMMISSIONER MAC'KIE: Yeah, motion to approve. COMMISSIONER HANCOCK: Second. CHAIRPERSON BERRY: We have a motion and a second to approve this item. All in favor? Opposed? (No response.) CHAIRPERSON BERRY: Motion carries five-zero. Item #10D COMMISSIONER BERRY APPOINTED TO THE NOISE COMPATIBILITY COMMITTEE COMMISSIONER HANCOCK: Before she has a chance to get out of it, I'm going to move approval -- COMMISSIONER CONSTANTINE: Second. COMMISSIONER HANCOCK: -- of Barb Berry to the noise compatibility committee. COMMISSIONER CONSTANTINE: And quiet down overthere. COMMISSIONER HANCOCK: By the way, thank you for serving on this. CHAIRPERSON BERRY: You're welcome. I'm sure there's a lot of people that wish I would quiet down. All in favor? Opposed? (No response.) CHAIRPERSON BERRY: Motion carries five-zero. Public comment. Anyone from the public wish to speak to us today? MR. FERNANDEZ: We have nobody -- CHAIRPERSON BERRY: Any registered speakers? MR. FERNANDEZ: -- registered. No, Madam Chairman. CHAIRPERSON BERRY: No one wants to hear -- wants to talk to us. COMMISSIONER MAC'KIE: I wish we were hearing from our Scout. -- looks like you're probably here working on a badge? CHAIRPERSON BERRY: Yes, he is. COMMISSIONER MAC'KIE: Just want to recognize that you're here and thank you for being here. COMMISSIONER HANCOCK: This has got to be the toughest badge you've ever worked on. COMMISSIONER CONSTANTINE: Just be glad it wasn't a land use meeting. CHAIRPERSON BERRY: This is Joel and he's working today on his citizenship badge. So he is here -- he's a student at East Naples Middle School. COMMISSIONER MAC'KIE: Great. CHAIRPERSON BERRY: So he's visiting us today. And not only that, eventually he's going to pursue to be an Eagle Scout. COMMISSIONER MAC'KIE: Go Joel. CHAIRPERSON BERRY: So this is early in the process and he knows he's got a long way to go toward that, but this is the early step, so COMMISSIONER MAC'KIE: It's worth it. CHAIRPERSON BERRY: -- we're pleased to have him here viewing government in action today. Moving on then to Board of County Commissioners' communications. COMMISSIONER MAC'KIE: Nothing. Item #15A DISCUSSION REGARADING PGA CONTRACT AND CLERK'S AUDIT CHAIRPERSON BERRY: Commissioner Norris, we know there are some wise words over here. COMMISSIONER NORRIS: Well, I just -- I hope that this memo here will help put to rest the controversy that we've seen in the newspaper in recent days concerning the funding of the 1996 golf tournament. There's been some questions by a commissioner on this board of whether everything was done appropriately or not. I think this memo clearly shows from the county's perspective that we contracted with certain parties and got exactly what we contracted for. I know there's been some discussion about the appropriateness of amending the contract later. We did that. We waived the requirement for an audit from the clerk's department and amended the contract at the request of the clerk's office on January the 2nd. The contract that was January 2nd, 1996, we made that amendment per the clerk's request on January 14th, 1997. And that action in no way relieved the clerk of the ability to conduct any kind of auditory examination that he wished to proceed with. And he is doing so. But from the County Commission's perspective, I think this memo shows that we got what we paid for, we received exactly what we contracted for, we received exactly what we made an agreement for, plus more, and I think it's time to stop hashing this out over and over and over in the media, and I don't think it's appropriate at all for any commissioner to use their position to conduct a personal vendetta against a private citizen, period. COMMISSIONER MAC'KIE: And I assume that you're directing that at me. COMMISSIONER NORRIS: I certainly am. COMMISSIONER MAC'KIE: Okay, let me just respond by saying that I disagree with you, you won't be surprised to know, about whether or not this settles the question of did the county get what it paid for in its sponsoring the -- COMMISSIONER NORRIS: What does it take to convince you? COMMISSIONER MAC'KIE: You know, I think probably the resolution of the clerk's audit. I think once the clerk has completed his audit and we have followed every dollar to see where it went and what it was spent for and how it was addressed, then, you know, at the completion of an audit -- and I'm grateful to the clerk that he was willing to do it anyway, even though it wasn't required. At the completion of that audit, then we'll have the answers to these questions, and until then, we won't, in my judgment. COMMISSIONER NORRIS: Can you even formulate the question? COMMISSIONER MAC'KIE: I'm not going to do that right at this minute with you. COMMISSIONER NORRIS: Can you do it? Can you do it at any point in time? Do you know what you're looking for? COMMISSIONER MAC'KIE: Yes. COMMISSIONER CONSTANTINE: What would be helpful -- seriously, what would be helpful, if you could enunciate to me what it is that is not clear, or what it is that you fear we did not get. Because throughout -- we've had this discussion for almost two years. COMMISSIONER MAC'KIE: And I can't believe you guys want to have it again. COMMISSIONER CONSTANTINE: But that has never been clearly enunciated. And maybe you can tell me now. And it doesn't have to be a long drawn out, but a 60-second or less picture. What is it we're missing? What is it that's in question? COMMISSIONER MAC'KIE: There's two things. But before I go there, I don't want to lose sight of the second remark about personal attack, because I want to be very careful to respond to that and then we can come back and talk about what I think is a problem with the golf tournament sponsorship. I was thrilled to get a letter from someone who I don't know telling me that she has information about my ethics complaints and how they were filed and why they were filed. And I certainly can't be -- well, anybody can criticize anybody, but I don't think I can be fairly criticized for sharing that information when it does confirm what was my suspicion about what was the basis for the reason why somebody got excited about my particular tickets and wanted to file a complaint about them. I have absolutely no personal ax to grind with Bill Rasmussen. He is entitled to his opinion of my ethics and I am entitled to my opinion of his ethics. I will not and have not used my position in any way inappropriately. I have shared the information that was provided to me, and I'm entitled to do that. I do disagree with the representation that Mr. Rasmussen made to this board that he would provide Intellinet -- would spend $500,000 to be a total dollar sponsor when they didn't. That I object to. He objects to my accepting tickets to go to that tournament, and he's entitled to. But let me be clear about this: I hope that we get a golf stadium. I think it would be great for Collier County. I hope that we continue to have the senior tournament. If there's anything I can do to help support that, short of public funds, I want to do that. I don't have anything against Mr. Rasmussen individually. I just appreciate your bringing that up, because I frankly had wanted to get to say that, but figured you guys would yell at me -- COMMISSIONER CONSTANTINE: Too busy saying other things. COMMISSIONER MAC'KIE: -- figured you guys would yell at me for dragging out the meeting too long. One more time, what my issue is about the tournament is whether or not when you -- when we as stewards of the tax dollars invested in an event that had a value that included a five hundred thousand dollar contribution from a private company, the value of that event, if you analogize it to investing in a real estate deal or a business or any other kind of investment, when you spend $500,000 to buy something that is going to have a value of at least a million dollars, because somebody else is putting their half million dollars in, then that has one -- that has one benefit. If you buy something that you think has a million dollar value but it turns out only to be worth a half a million dollars because your partner did not put in his investment, then that has a different benefit, and that needs to be looked into. And it is. And once we have the answers to those questions, then, you know, we'll go from there. COMMISSIONER NORRIS: Well, you know, you're fond of saying that and making that remark, but the fact of the matter is that neither the contract with the PGA and Collier County, or the agreement with PGA -- or excuse me, Collier County and Intellinet ever contemplated Intellinet paying a penny, and you voted for it. If you didn't like it at that time, why did you vote for it? COMMISSIONER MAC'KIE: My mistake was -- apparently it was a mistake -- to believe -- well, it was a mistake to believe Mr. Rasmussen when he said that his company was going to be investing a half million dollars. Because I'll show you that in a minute where he said it. He did say that and make that representation, and I believed him. And frankly, if I had some criticism, I think that our contract could have been more artfully drafted. It would have included some more '- COMMISSIONER CONSTANTINE: Well, and we all-- COMMISSIONER MAC'KIE: -- of those things. COMMISSIONER CONSTANTINE: -- reviewed that, though, and had an opportunity to make -- COMMISSIONER MAC'KIE: Absolutely. COMMISSIONER CONSTANTINE: -- that criticism at the time it came across our desk. So to come back two or three years later and say, well, I didn't like it is -- I mean, you're blaming yourself and us, SO-- COMMISSIONER MAC'KIE: Absolutely. COMMISSIONER NORRIS: My bottom line is, look, if you want to fight with Mr. Rasmussen, please do that, but leave this County Commission out of it. COMMISSIONER MAC'KIE: I don't have any fight with Mr. Rasmussen. I do want an audit of the Intellinet expenditures. COMMISSIONER CONSTANTINE: I guess -- COMMISSIONER MAC'KIE: And the clerk's going to do that. Whether I say it or not, John, the clerk's doing it. Whether I had talked -- COMMISSIONER NORRIS: That's fine. COMMISSIONER MAC'KIE: -- about it or not. COMMISSIONER NORRIS: But all of that information has been provided to you in the past. COMMISSIONER MAC'KIE: Well, we'll see what happens. There's a lot of-- you'll see what happens when the clerk's audit comes out. CHAIRPERSON BERRY: Pam, due to the fact we can't talk about this than at this board table -- COMMISSIONER MAC'KIE: Yeah, sunshine. CHAIRPERSON BERRY: -- and some of this I wasn't here for. Some of it transpired before I ever got here. But I'm trying to understand. Are you saying that in your mind you believe that Collier County did not get what they thought they were getting? COMMISSIONER MAC'KIE: Yes. CHAIRPERSON BERRY: Or that the money was misused? Tell me which -- what, what -- which -- COMMISSIONER MAC'KIE: I think that we did not get what we bargained for, because the value of what we invested in was diminished by $500,000. COMMISSIONER NORRIS: You've been shown to be incorrect in that assumption on several occasions. COMMISSIONER MAC'KIE: That's true, if you assume that the amended contract -- that the second contract actually reflects the board's intention. The first contract said we're going to monitor every nickel that comes in and every nickel that goes out, and if the event makes a profit, the $500,000 comes back to the county. All of that was in the initial contract. My point is invalid in the amended contract and is valid in the original contract. COMMISSIONER NORRIS: That you voted by. COMMISSIONER MAC'KIE: I voted for the original contract, and I still think if you would enforce the original contract, I'd be happy. It's the amended contract that I did not vote for that I don't agree with. COMMISSIONER CONSTANTINE: I guess I disagree with your analogy when you say it's like if you go into a business deal, and -- which essentially this was -- and you have two or three investors and you end up with less than what you intended. I mean, if I buy a commercial building with you and with the other commissioners -- which we're not doing, by the way -- COMMISSIONER NORRIS: Thanks. COMMISSIONER CONSTANTINE: -- and I'm happy with what I have and I'm happy with that building going in and I'm happy when I own 20 percent of that building, and all of a sudden I find out you didn't put in, you got some friend of yours to put your money up. But I still own 20 percent of the building, and the building is still worth that. It really doesn't make any difference. And that's how I see the analogy, rather than the other. And in my mind, what was laid out very specifically for us, both in the presentation -- though he did say they'd be looking at that money as well. But what was laid out very specifically for us was -- both there and in the contract -- was what we could expect in the way of television advertisements, television coverage, what we could expect from the PGA and so on. And each of those things we received. So just as I would be happy with my 20 percent of the building, because that's what I bargained for at the beginning -- regardless of whether it was you that put the money up or you borrowed it from Mr. Weigel or you convinced somebody else to put it up, we got those television advertisements and the ESPN coverage and all the things that were laid out, regardless of who else. So I'm a little unsure how after the fact we can then say well, okay, we got exactly what we said we were going to get for the amount of money we said we were going to give, but we're not sure Mr. Rasmussen did something else. And that's where I'm confused. COMMISSIONER MAC'KIE: No, Tim, if -- if it's shown that this event made a profit, are you expecting the county's grant to be reimbursed? The contract says that. COMMISSIONER CONSTANTINE: I would expect the contract to be honored. COMMISSIONER MAC'KIE: Good. Then that's one of the things that I'm asking be looked at. COMMISSIONER NORRIS: The amended contract. COMMISSIONER MAC'KIE: I don't know if we took that out -- if you-all took that out of the contract or not. COMMISSIONER NORRIS: We took it out of all category C events. COMMISSIONER HANCOCK: That's one thing that seems to be lost here is that this was not an isolated case. This was treated in category C and we amended the repayment clause. And we had that discussion about two or three times. COMMISSIONER CONSTANTINE: Yeah. COMMISSIONER HANCOCK: We amended the repayment clause, provided the contract was with a not for profit. COMMISSIONER MAC'KIE: Like the PGA? COMMISSIONER HANCOCK: Yes. COMMISSIONER MAC'KIE: God. COMMISSIONER NORRIS: 501C6. COMMISSIONER HANCOCK: The PGA -- COMMISSIONER MAC'KIE: Do you know -- COMMISSIONER HANCOCK: -- of America is a not for profit. COMMISSIONER MAC'KIE: Do you know what the president of PGA's salary is? COMMISSIONER NORRIS: It doesn't matter. COMMISSIONER HANCOCK: Do I know -- it doesn't make any difference. COMMISSIONER CONSTANTINE: Do you know what the president of United Way's salary is? Do you know what the president of Red Cross' salary is? Does that somehow diminish the value of what they do? CHAIRPERSON BERRY: That doesn't mean that -- COMMISSIONER MAC'KIE: No. CHAIRPERSON BERRY: -- that they don't earn a -- that's not what it means. COMMISSIONER NORRIS: That's why they don't make a profit. COMMISSIONER MAC'KIE: That's why they don't make a profit, that's right. COMMISSIONER NORRIS: That's just a joke, folks. COMMISSIONER MAC'KIE: But it's true. COMMISSIONER HANCOCK: The PGA of America -- COMMISSIONER MAC'KIE: Because I'm not going to be dissuaded, so if you-all are trying to -- COMMISSIONER HANCOCK: I'm not trying to dissuade you. COMMISSIONER MAC'KIE: -- talk me out of it. COMMISSIONER HANCOCK: No, Commissioner Mac'Kie, I'm -- what I'm shooting for is equal time -- COMMISSIONER MAC'KIE: Okay. COMMISSIONER HANCOCK: -- because some comments were made that I absolutely disagree with, that I believe are factually challenged. I need to say what I think, or only one side gets out there, okay? COMMISSIONER MAC'KIE: Okay. COMMISSIONER HANCOCK: My side of this is very simple. The PGA of America is a not for profit corporation. They are actually the -- I believe the number one not for profit organization as far as dollars given over a track record of time, be it five or ten years in this country. So we're not talking about some fly-by-night pad the wall that's kind of an organization here. We're talking about an honored respectable not for profit that does millions and millions and millions of dollars every year for charity. We are also talking about an event that resulted in hundreds of thousands of dollars going to local kids for the purposes of scholarships. COMMISSIONER NORRIS: 660,000. COMMISSIONER HANCOCK: So when I look at two things, what the county was to get out of this and what the actual result of the tournament was, whether Bill Rasmussen and Intellinet or Cadillac or the hundreds of other sponsors that were never mentioned nor a pad of our contract, just as Intellinet was not pad of our contract, what their relationship with PGA was is immaterial to me. The one relationship I'm concerned with is the one this board had with PGA through a contract. And when you talk about the intent of the board, that's where I think things get caught up, Pam, because your intent at a given moment is at odds with the majority of the board. COMMISSIONER MAC'KIE: And that's why I lost on that vote, and I understand that. And -- COMMISSIONER HANCOCK: But that means -- COMMISSIONER MAC'KIE: -- the good news is, the clerk doesn't have to do his work by consensus, and he can decide to audit, and he has. And so you'll get the answer to the question. COMMISSIONER HANCOCK: It doesn't change what the intent of this -- majority of this board was in executing that contract. Period. So there will be -- in my opinion, unless PGA reneged on an element of that contract, unless a majority of this board feels that to be the case, it's a moot point. So whatever the -- you know, if the clerk wants to go out there and chase ghosts with tax dollars, that's his issue. But I think we have spent enough staff time, enough time in the county attorney's office on this, you know, and produced enough paper on this to choke a horse. I'm sick of it. It's getting very tiring. And every time it gets drug up, the same 'ol stuff gets drug up. And it's already been said here, but it deserves repeating. We had a single contract with the PGA. That contract said for ten bucks you get ten apples. Well, we got 12 apples for ten bucks. I see no reason to audit the PGA or want to audit the PGA, a not for profit corporation, when what we were told we would receive for our investment was precisely what we received. We were not shod-changed or shod shrifted by the PGA or by the tournament in any way. What Mr. Rasmussen's individual contract with the PGA was, and the fact that the PGA later let him out of it, is between him and the PGA. Whether I agree or disagree with it, I don't have standing in that argument. And Mr. Weigel has told us that legally we as a county do not have standing in that contract between Rasmussen or Intellinet and the PGA, so I'm just -- I'm not apt to waste time in an area where I don't even have legal standing. COMMISSIONER MAC'KIE: Let the record reflect, I'm not the one who brought it up, so I'm not stretching out the conversation here today. COMMISSIONER NORRIS: You brought it up last week in the newspaper. COMMISSIONER HANCOCK: The point is -- COMMISSIONER MAC'KIE: I got a letter I delivered to the newspaper. COMMISSIONER HANCOCK: The point is, every time it is brought up, what you say is a little juicier than what we're saying. And -- COMMISSIONER MAC'KIE: I can't help it. COMMISSIONER HANCOCK: -- it gets a lot more ink than what we're saying. And I -- again, when I met with the League of Women Voters on Friday, I talked to them about this issue, and they said well, when you wrote the check to Intellinet. I said, look, time out, there was never a check written to Intellinet. COMMISSIONER MAC'KIE: Heavens no. COMMISSIONER HANCOCK: So please explain to me, if all the facts are out there and they're all being weighed evenly, how anyone out there can think that Intellinet was the beneficiary? It's because of the underlying tone of what is being printed, which is that the board is letting Intellinet get away with something. COMMISSIONER MAC'KIE: And you guys '- COMMISSIONER HANCOCK: You may not have created that, but your comments certainly lead to that perception. COMMISSIONER MAC'KIE: But I'm going to have to tell the truth. I mean, would you guys have had me not give that letter to the newspaper when I got it? COMMISSIONER HANCOCK: I don't care what you do with that letter. It's the '- COMMISSIONER MAC'KIE: I mean, that's all I did. COMMISSIONER NORRIS: Explain to us how it makes any difference who filed the complaint. COMMISSIONER MAC'KIE: It does make a difference. COMMISSIONER NORRIS: Explain it. How does it make a difference? COMMISSIONER MAC'KIE: Here's how it makes a difference. If an ax murderer accuses me of doing -- if someone who's a known liar accuses me of '- COMMISSIONER CONSTANTINE: Headline, Rasmussen is ax murderer. COMMISSIONER HANCOCK: No, known liar. COMMISSIONER NORRIS: Known liar. COMMISSIONER CONSTANTINE: Okay. COMMISSIONER MAC'KIE: You asked the question. You brought up the subject. I'm not saying this about Bill Rasmussen. COMMISSIONER NORRIS: Do you think you're going to exonerate yourself by doing this? COMMISSIONER MAC'KIE: I'm going to -- no, but I am going to answer your question, if you'd like me to, and that is how does it make a difference who filed the complaint? If a liar can accuse me for lying, people that are judging me over this long extended time it takes to get a determination will be able to make their own judgment about whether or not they believe the complaint. COMMISSIONER NORRIS: But you're going to be judged on the legalities of the matter, not on the veracity of the complainant. COMMISSIONER MAC'KIE: Absolutely. COMMISSIONER NORRIS: If the veracity of the complainant was all that mattered, mine would be gone a long time ago. COMMISSIONER MAC'KIE: Right, John, but you don't hesitate to bring up that your complainant is from Lee County and that he was trying to take you out. I mean, you don't hesitate to bring that up. You must think it has some relevance. It does. COMMISSIONER HANCOCK: Not in the end, though. COMMISSIONER MAC'KIE: Not in the end. But it has some relevance in the court of public opinion. COMMISSIONER HANCOCK: I don't have an issue with you bringing up a letter you received or whatnot. My concern is that it then starts the whole '- COMMISSIONER MAC'KIE: I can't help that. COMMISSIONER HANCOCK: -- volume of garbage -- you can help it by COMMISSIONER MAC'KIE: I'm not going to hide what I think is the truth. COMMISSIONER HANCOCK: -- understanding -- but you have a role as a county commissioner that in my opinion is on a different level than what you personally feel you should do as Pare Mac'Kie, the individual. And if this board votes, and I'm on the losing end of a vote, for me to continue to try to revisit that issue time and time again is to show a disrespect for the majority of the commission's decision. I personally won't do that. I feel like the reason we keep talking about this is that every time there's a crack in the door -- and I'm not talking about today, I'm going back to when we've had the clerk discussions. You know, every time there's -- you know, there's something in the paper that's falsely and patently wrong, we've got to talk about it here or else there's no way to get the truth and the facts out. So we continue to revisit. And that's what we're doing today, you know. COMMISSIONER MAC'KIE: And that's fine with me. I wasn't going to take up the time. But I'm glad to get the opportunity, particularly to get to say, and I'm going to say again, I have nothing -- no ax to grind with Bill Rasmussen. COMMISSIONER CONSTANTINE: The ax murderer? COMMISSIONER MAC'KIE: I hope -- COMMISSIONER NORRIS: You mean the known liar, ax murderer? COMMISSIONER MAC'KIE: You guys are saying that. I have been very clear, I'm not saying that. I repeat again, I am not saying that Bill Rasmussen is a liar. I am saying that I have no personal ax to grind with Bill Rasmussen. I hope that the stadium for golf comes to Collier County. I think it would be great for us. I hope that the senior PGA tournament continues. And, you know, the fact that we disagree, some of you -- some of you genuinely respect my ability and my right to have an opinion different from yours, and some of you -- COMMISSIONER NORRIS: Name one. Who is that? COMMISSIONER MAC'KIE: I think -- COMMISSIONER HANCOCK: I'm sorry, I'm guilty. COMMISSIONER MAC'KIE: Yeah, Hancock I think does respect my ability to have a different opinion. You brought this up. I mean, I'll talk about it all day long. COMMISSIONER NORRIS: You'd be wrong and embarrass yourself in public all day long. COMMISSIONER MAC'KIE: I think the end result will show who's embarrassed. COMMISSIONER HANCOCK: I guess I would like to separate the official actions of this board from what you personally feel about a decision. And I want that to be a clear line of separation. And any opportunity you have in the media to make this clear line of separation, I for one would appreciate it, just because it would help separate the two feelings, one being, you know, I as a commissioner, and a part of this decision, whether I like it or not, but I personally feel "X," I would like that line of separation to be clear. That would be helpful. COMMISSIONER MAC'KIE: I could try to state that more clearly. COMMISSIONER CONSTANTINE: Example being the last two years when we do the budget process, and we go through the sheriffs budget, I have disagreed with the sheriffs budget at the conclusion of his thing. I've been in the minority both those times. When it comes time to vote for our overall budget, for the 360 million or 400 million dollar budget, I support that, despite the fact I have the problem with that one element. COMMISSIONER MAC'KIE: Of course. COMMISSIONER CONSTANTINE: And my point just being, I'm not happy with that element, but I'm in the minority and I respect the rest of the board. And I think that's all Tim is saying is -- COMMISSIONER MAC'KIE: But Tim -- COMMISSIONER CONSTANTINE: -- you know, when the issue is passed, the issue is passed. COMMISSIONER MAC'KIE: But throughout the rest of the year when opportunities come up to say I don't like the way the sheriffs spending money, I can't help it if the sheriff's doing this with the money, you say those to make the point that you disagree with the sheriff's budget. And you're entitled to say that. I respect your ability to do it. Welcome to America. COMMISSIONER NORRIS: Not a good analogy. COMMISSIONER MAC'KIE: It is a perfect analogy. COMMISSIONER NORRIS: No, it's not. COMMISSIONER MAC'KIE: It's his analogy -- COMMISSIONER NORRIS: No, it's not. COMMISSIONER MAC'KIE: -- he brought it up. Well, tell him it's not a good one. COMMISSIONER HANCOCK: Wouldn't it be nice to do this over lunch? COMMISSIONER NORRIS: You're talking about one issue, one instance that happened a long time ago, and you keep bringing up the same one over and over and over. COMMISSIONER CONSTANTINE: Moving right along. COMMISSIONER NORRIS: The sheriff has a -- the sheriff's budget is a new issue every day when he tries to spend different money. CHAIRPERSON BERRY: You know, I guess from a dummy standpoint here, I guess what -- the public gets confused, because they don't work with all of these entities on a daily basis. When you start talking about the golf tournament, they lump the PGA, Intellinet, people in properties, all of that. It doesn't make any difference whatever it is, it all comes lumped into one big ball. And people don't know and don't understand who the county contracted with, what the obligation was on all parties involved in it. You know, and I said right from the beginning, from the little bit that I know of it, whatever we contracted for, whatever dollars that we contributed, did we get what we paid for? And I think the answer, as I have been told, is yes, we did. We did get paid what we bought. We got in return, whether it was the advertising or whatever the issue was, and all the components thereof, we -- for the $500,000, we got what we paid for. Now, if there is something in addition to this, then that's where the confusion lies. And other than that -- but to continually -- and I'm not sure this is all done by commissioners, but it certainly has been fodder for a lot of news articles. There's no question about it. If any time a cloud comes up in the sky regarding the County Commission, this is an item that they push F4 on the computer and it just spits it out again. And it's just like this robotic kind of information that flies out in the paper again. And then we go and the sun rises and sets and on the tenth day we have another little F4 push and out it comes again, and we just go through this time after time after time, ad nauseam. COMMISSIONER HANCOCK: Isn't it F67 CHAIRPERSON BERRY: And frankly, I don't even know if I ever want to pick up a golf club again. I'm getting a little sick of golf. I'm tired of hearing about it. You know, I'm just getting a little sick about this whole golf business. COMMISSIONER HANCOCK: Well, you're not a good golfer. CHAIRPERSON BERRY: You know? First off, I'm a lousy golfer to begin with, and, you know, it wouldn't make any difference one way or the other. Having said that, this meeting is adjourned. COMMISSIONER CONSTANTINE: Wait, wait -- CHAIRPERSON BERRY: I'm done. COMMISSIONER CONSTANTINE: -- I actually have a comment separate from this. CHAIRPERSON BERRY: Sorry, I adjourned the meeting. Is it really important? COMMISSIONER CONSTANTINE: Yes. CHAIRPERSON BERRY: We'll reopen the meeting. COMMISSIONER CONSTANTINE: Thank you. CHAIRPERSON BERRY: Say it. Item #15B DISCUSSION REGARDING THE SURPLUS PROPERTY FOR LANDFILL USE COMMISSIONER CONSTANTINE: If you're all familiar with the surplus property that once was slated for landfill use, we actually have three different groups expressing interest in very different ways for that. You remember we put it out for bid before for our golf course use and the respondents couldn't come through with the financing and all. Interest on three fronts: One that conforms pretty closely with our prior request, and that was for recreational use for a public golf course; one that wants a high density, affordable housing project; and one group is talking about alternative recreational uses, such as a BMX park, Frisbee golf, ATV's, all kinds of different things, paint ball. CHAIRPERSON BERRY: Paint ball? COMMISSIONER MAC'KIE: That's fun. COMMISSIONER CONSTANTINE: It's a great sport. COMMISSIONER HANCOCK: Let me count the ways to be injured in that list. COMMISSIONER CONSTANTINE: It's a great sport, yeah. The doctor -- the local doctor groups are behind that alternative. That one unfortunately would require some assistance from our recreation dollars and so on, but we're working with all of those groups to see what's most viable. But we're also of course waiting on -- before we bring anything forward, to have our agreement with Waste Management shipping iced before we want to go and have this set up for such specifics. When we have such specific dates in mind, I think all of them will be more comfortable that they won't be operating next to an operational landfill. But I wanted to kind of bring you up to date on all three of those, and some interest out there, so see where we go. COMMISSIONER HANCOCK: I'll get you a copy of the Boca Raton municipal golf course. Because I had written off municipal golf courses because they lose money. Boca Raton returns money to the general fund every year. So when I was talking about using that as a golf course -- people always ask me why we don't have a municipal golf course. They think, you know, certainly we could make money. I'll get you the pro forma on Boca Raton's so the folks you're talking to about golf -- because that's where I'd like to see us go with a portion of the property, because it's big enough that it could do a couple of things. But it's just an idea. COMMISSIONER CONSTANTINE: And that is all. CHAIRPERSON BERRY: Oh, I want -- COMMISSIONER CONSTANTINE: Thank you for reopening. CHAIRPERSON BERRY: I want to hear more. Commissioner Hancock? COMMISSIONER HANCOCK: No, I've said my piece more than once. CHAIRPERSON BERRY: Oh, I'm sure we'll all know exactly what we didn't say tomorrow. Meeting is 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: ..... Item #16A1 RESOLUTION 98-117 DEFERRING 100% OF THE IMPACT FEES FOR 101 UNITS OF A 168 UNIT AFFORDABLE HOUSING PROJECT KNOWN AS ARBOR VIEW APARTMENTS AFFORDABLE RENTAL UNITS Item #16A2 - Deleted Item #16A3 FINAL PLAT OF VANDERBILT PINES WITH CONSTRUCTION AND MAINTENANCE AGREEMENT AND STIPULATIONS AS DETAILED IN THE EXECUTIVE SUMMARY Item #16A4 FINAL PLAT OF HUNTINGTON LAKES UNIT FOUR - WITH STIPULATIONS Item #16A5 ASSIGNMENT AGREEMENT FOR EASEMENT FOR PELICAN MARSH, UNIT 13 Item #16A6 ASSIGNMENT AGREEMENT FOR EASEMENT FOR PELICAN MARSH, UNIT 15 Item #16B1 CHANGE ORDER NO. 1 WITH MID-CONTINENT ELECTRIC, INC. FOR ADDITIONAL CONSTRUCTION SERVICES FOR SUGDEN PARK, BID NO. 97-2731 IN THE AMOUNT OF $76,072 Item #16B2 CHANGE ORDER NO. 1 TO WORK ORDER #CDM-FT-98-3 FOR ODOR MONITORING AND MODELING STUDY OF THE NAPLES LANDFILL AND THE SOUTH COUNTY REGIONAL WATER TREATMENT PLANT WITH CAMP, DRESSER & MCKEE, INC. IN THE AMOUNT OF $26,820 Item #16B3 ACCEPTANCE OF A UTILITY EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT FOR UTILITY AND MAINTENANCE OF SEWER AND WATER LINES TO SUGDEN REGIONAL PARK Item #16B4 APPROVAL OF A UTILITY FACILITIES REIMBURSEMENT AGREEMENT WITH NTC DEVELOPMENT LTD. Item #16B5 PROPOSAL BY KYLE CONSTRUCTION, INC. TO CONSTRUCT THE COLLIER COUNTY WATER-SEWER DISTRICT AND CITY OF NAPLES WATER SYSTEM INTERCONNECT, PROJECT NO. 70040 - IN THE AMOUNT OF $53,434.91 Item #16D1 THIRD AMENDMENT TO LEASE AGREEMENT WITH THE COLLIER COUNTY AGRICULTURAL FAIR AND EXPOSITION, INC. (COLLIER COUNTY FAIR BOARD) Item #16E1 BUDGET AMENDMENT 98-208 Item #1661 SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER Item #1611 STIPULATED FINAL JUDGMENT RELATIVE TO THE EASEMENT ACQUISITION ON PARCEL NOS. 904A, 704B, 904B, 704C AND 904C, RICHARD L. JAEGER, TRUSTEE IN THE LAWSUIT ENTITLED COLLIER COUNTY V. WILLIAM A. KINSLEY, (NORTH COUNTY REGIONAL WATER TREATMENT PLANT 8-MGD WELLFIELD EXPANSION PROJECT) There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 12:25 p.m.. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL BARBARA B. BERRY, CHAIRPERSON ATTEST: DWIGHT E. BROCK, CLERK These minutes approved by the Board on , as presented or as corrected__ TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICE, INC., BY CHERIE' R. LEONE, NOTARY PUBLIC