BCC Minutes 03/01/1994 R Nap]es, Florida, March 1, 1994
~LZT IT BE REMEMBERED, that the Board of County Commissioners in
~b~ the County of Collier and also acting as the Board of Zoning
)aais and as the governing board(s) of such special districts as
been created according to law and having conducted business
met on this date at 9:00 A.M. in REGULAR SESSION In Building
Of the Government Complex, East Naples, Florida, with the
~ollowing members present:
CHAIRMAN: Timothy J. Constantine
VICE-CHAIRMAN: Betrye J. Matthews
John C. Norris
Michael J. Volpf.,
Burr L. Saunder~
~SO PRESENT: John Yonkosky, Finance Director; Charlene Merz,
:biretti and Marilyn Fernlay, Recording Secretaries; Nell
County Manager; Ken Cuyler, County Attorney; Dave Weigel,
David Bryant, and Heidi Ashton, Assistant County Attorneys; George
Archibald, Transportatio~ Services Administrator; William Hargett,
%ss~stant County Manager; Bill Lorenz, Environmental Services
; Jennifer Edwards, Assistant to the County Mana~;er;
Arnold, Acting Chief of Planning and Engineering; Robert
Acting Current Planning Manager; Michael Smykowskt, Acting
Director; Ron Cook, Utilities Finance Director; Mike McNees,
Utilities Administrator; Dick Clark, Community Development
~minietrator; Greg Mihalic, Affordable Housing Director; Sue Filson,
,ative Assistant to ~he Board; Tim Clemons, Wastewater
; David Russell, Acting Solid Waste Director; Sheriff Don
and Deputy Rosa Hernandez White, Shertff's Office.
Pag,.~ 1
#I
:a2a)- ,~,
k;~.APPR0V~D WITH CKAN~IW.S
March 1, 1994
Saunders moved, seconded by Commissioner Matthews and
4/0 .(Co.~lssloner Norris out), to approve the agenda with the
a~ detailed on the A!]enda Change Sheet, ~d the followin~
Item #I6B1 Moved to Item #8B2 - Lease Agreement between the
Board of County Commissioners and the Florida State
Department of Highway Safety and Motor Vehicles.
Item #16B2 Moved to Item #8B3 - Lease Agreement between MJC
Management, Inc. and,Collier County for the purpose of uti-
lizing a portion of ~he Everglades City Airport for the pur-
pose of conducting a bicycle rental business.
Item #16G2 Moved to Item #8G4 - Appointment of the Count¥'s
external auditors to perform audits of the Solid Waste
Collection Services Franchises.
Item #16H4 Moved to Item #8H4 - Award of contract for
Professional Service~; Agreement for field survey and aerial
photography services re four-laning of Golden Gate Blvd. from
CR-951 running east approximately 5-1/4 miles ~o 2nd Street
N.E. (! block past Wilson Blvd.).
Col~lisltoner Volpe moved, seconded by Commissioner Matthews, and
4/0 (Oolul~ssioner Norris out), to continue Item 8~! until
the DOA hearing.
Page 2
March 1, 1994
:"'The motion for approval of the consent agenda is noted under Item
33o)
~tlm
SERVICE AWARDS - ~'RI~SENTED
Commissioner Saunders congratulated and presented Service Awards
the following employees for service with Collier County Government:
Gregory D. Harrison 5 years Road and Bridge
Rudy M. Luna 5 years Utilities Water
,~RO~JLAMATION DESIGNATING TH~ MONTH OF MARCH, 1994, AS NATIONAL MIDDLE
EDUCATION MONTH - ADOPTED
Upon reading the Proclamation, Commissioner Volpe moved, oeconded
Commissioner Matthews and carried 4/0 (Commissioner Norris out),
thl ~oclmt~on des~nat~ng the Month of Ma,rch, 1994,
'Nlt~o~l M~ddle Level Education Month be adopted.
Mr. Santo H. P/no, Director of Middle and H~gh School Program
Services with Collier County Public Schools accepted the proclamation.
Page 3
BUDGET A!,G[NDHENT 94-2.1,3 -- &DOPTED
March 1, 1994
'~:~.Conaiselonmr Volpe acted, seconded by Co--ltssionsr Matthews and
4/0 (Cootsstonez, Norris out), that Budget Amendneat 94-213 be
)
ON R~FENU~$ FOR T~H FIRST QUARTER OF FISCAL 1994 - PRESENTED
Michael Smykowskt, Acting Budget Director stated that overall the
quarter of 1994 was a very strong quarter. He revealed that
':" ~ Intergovernmental Revenues the Budget Office is estimating an
nal $1.6 Million in Revenue Sharing and Sales Tax Proceeds
; will accrue to the benefit of the General Fund and will provide
%some flexibility in either Increasing reserves, off setting ad valorem
Or funding additional programs.
'~. Mr. Smykowski noted that the first quarter Road Impact Fees are
mbove. budget, due to a few large commercial building Farmitel being
'.processed in the first quarter.
i Mr. Smykowski further stated that the Landfill Tipping Fees are
:~} - slightly due to less waste being processed at the Landfill sites
ae well as the $5.00 per ten reduction in Constructfon/Demolit~on
He disclosed that lhere is a corresponding reduction on the
side as the contractor is paid $5.00 per ton less.
· Co=u~issioner Volpe inquired regarding the decrease in revenue of
;r.oximately 16% in the Tourist Development Tax. Mr. Smykowsk!
~pl~ed it is not a trend, noting that an ultra conservative approach
taken in budgeting that item. He stated that there is riot a good
, ' from the first quarter because there is only one or two months
actuals.
? .In response to tommiss, toner Yelps, Mr. Smykowski dtsclo~ed that
'~.~ro~ection for the year for EMS Impact Fees shows a shortage of
· which is due to the predominately single family permits that
Page 4
March ]., 1994
have been issued. He noted that there are no large projects budgeted
the EMS Impact Fee Fund. He explained that the single family
pay smaller EMS Impact Fees.
Co~uaissioner Matthews called attention to the Tourist D,.-velopment
noting a negative variance of 15.8~ with the budget showing a 39%
· Anttease for the year. She asked if tourism would be that (.;ood in the
9 months, to which Mr. Smykowskt replied in the affirmative.
Mr. Smykowskt reported that Staff is not recommending any changes,
:i~herefore, the Board will only need to accept the report at this time.
eeo)
I~ORT - NO ACTlOll TAKEN
Finance Director Yonkosky stated the Clerk's Report is for tnfor-
purposes
FIHA~CIAL INFORMATION AS O~ J~Y al, 1~94 - ACOgPTED
'~ Finance Director Yonkosky pointed out that the Year to Date
Expenditure Report does not include encumbrances in the amount of
,~1~,5~8.00 as of January 31, 1994. He pointed out that the amount
'e~fle¢~ed u/~der FY 1994 OVER (UNDER) Funds Available should be
by
~? Mr. Yonkosk¥ explained that there is $43,497.00 of unidentified
~C~Albrances on the Year to Date Expenditure Report for the
Area General iFund.
· ~.M · Yonkosky reported that the reason that only $10,000 revenue is
:ted %%~der Taxes/CATV F:ranchise Fees on the Revenue Report for
Unincorporated Area Geueral Fund, is becau,~e that money ~lenerally
'Co~es ~n m~ the end of February or ~he f~rs~ 15 days of March. He
~6ted tha~ ~he bulk of the money will be in by the end of March.
~ /'Re~ardin~ the 800 MHz ]~und Account Fees, Mr. Yonkosky pointed out
~here is $120,000 in th,: budget, and actual cash received during
~he fArs~ four (4) months is 23,392.
Page 5
March 1, 1994
Finance Director Yonko~k¥ explained that the Road Impact Fees are
due to a large development in progress during that month
Mr. ¥onkosk¥ explained tt can take State Revenues fro~ three (3)
~s, to am much as ~wo (2} months to be processed and sent back
Collle~ Co~ty.
~r. Yo~osky explained that the reason there seems to be a large
~o~t of cash in the Local Operattn~ Account ~s because there was a
l~m ~nt of transfers and debt service payments that were made the
~lxt day.
~1~1~r Vol~ ~, seconded ~ Coutm~lon~ ~tthmm
~1~ 4/0 (~tss~o~ ~o=rts out), to accept the
;:O~~ OF & ~L~ DRILL C~ FACILI~ ~D ~ ~UIT O]r STATE
Sheriff Don Hunter stated that his intent is to gain some measure
;.:il/of cou~tment from the Board in an effort to demonstrate to the State
Florida }{RS that Collier County is serious about delivering some
;i~.!' ~nd deterrent to youthful offenders in Collier County, and
done that, to acquire capital funding from the State of Florida
~d contract with them to acquJre/construct a boot camp which will
house approximately 30 youthful offenders per session for a 120 day
. ~e re~ested approval from the Board of County Commiss~oners
'~t~l~ze the existing Immokalee 3ail Center property which constt-
approximately 23 acre,~ and has been Judged to be adequate for
~lacement of a Juvenile Boot Camp Facility. He cited that the pro-
~Fty ~s appropriately zoned to accommodate a Boot Camp.
SheF~ff Hunter reported that there t~ no firm construction comple-
date ~cause none of the engineering or design work ~s completed.
~nd~cated that it Js moF,~ ~mpo~tant to get the Board's f~rm commit-
~ment, eup~rt~ng the concept, before the expen~ive process of Dermits
~ drawing is be~n.
lff Hunter noted that the proposal is for approximately $1.9
Page 6
March 1, 1994
.on and includes all the costs that Staff could Identify as
tt&ched to a Boot Camp Program in Collier County. He disclosed that
~roximately $800,000 will be sought from the State of Florida to
~provide for the acquisition and construction of the facility. He
~de¢l&red that in an effort to convince the State that Collier County
be considered before other counties in acquiring the Capital
~mprovement Funds, a significant commitment from Collier County is
req~/lred in the form of a match in funds for the contract. He recom-
:mended that the Board approve the use of the Immokalee Jail Center
for the Boot Camp, if it is properly zoned, or accomplish a
if necessary, in order to use the property; commit the pro-
for the purpose of a Boot Camp; and commit approximately
!$4S9,000 for a local match for operating expenses and costs, which
convince the State of Florida that Collier County has a signift-
local commitment to go forward with the Boot Camp.
Sheriff Hunter disclosed that acquiring information on youthful
offenders is a problem. He declared that under F.S. Chapter(s) 39,
i'~12, the State has created a situation where information on youthful
offenders is not shared and is treated as secret. He reported that he
was surprised to discover that this information is not shared with law
iforcement agencies, schools or HRS. He stated that hopefully, the
~.State of Florida will correct that situation by creating an automated,
uniform and comprehensive youthful offender criminal history retrieval
'stem.
',!Sheriff Hunter recalled that a group of 27 known youthful offen-
.ders were evaluated two (2) years ago and in that group the average
. of first arrests was 12 years of age. He ~tated that the 27
?.
'en each averaged 22 arrests over the three (3) year period, and
.they were arrested 4.8 times before they appeared in court for the
~irst time. He indicated that they were arrested 1~ times before they
re committed to a program under HRS and the average length of com-
tO a program was about six months, when a program bed was
lable.
He explained that of the 27 children, there was a cumula-
Page 7
March 1, 1994
.vm.&rrest Of 595 times for that three (3) year period. He disclosed
that s~ncs the capture rate on youthful offenders ts 10%, there was
6,000 crimes committed by the youthful offenders over that
three (3) year period. He further stated that in 1992 there were
i'~1',~06 ~uvenlle arrests locally, and in 1993 there were 1,597 arrests,
~h~ch is an increase of approximately
/'i[ Sheriff Hunter declared that punishment of the proposed boot camp
-~wlll result in the loss of freedom and this is the first con-
ion, however, after that education, treatment and after-care
valuable additional compcnents of the boot camp. He further
that there will be education designed to provide the Graduate
y Diploma, (GED) or a Vocational Technical Degree; treatment
iiwill be provided under an existing private contract for Psychological
Counselin~, and Drug Dependency Treatment. if necessary; and there
be after-care required under State Statute delivered in coopera-
iti0n with HRS and a private group contracting with HRS. He reported
[that the preliminary commitment for education has been obtained from
;Mr. Munz, Superintendent of Schools
Sheriff Hunter commented that if approval i:~ granted, the boot
will be implemented in October, 1994.
Sheriff Hunter declared that the Department of Corrections
currently has a recidtvism rate of approximately 51%. He revealed
~hat this rate is flawed because it does not take into account the
~n.%lmber of arrests, noting that it only counts those offenders who are
re-arrested, re-prosecuted, and re-convicted.
.'~ Sheriff Hunter revealed that there are only 1,520 State commitment
beds ~n existence for serious; habitual offenders for the entire State
'of Florida, therefore, there are no options for the commitment of
'outhful offenders, no matte]f how serious the offense is.
~':'" Responding to Commissioner Volpe, Sheriff Hunter stated that the
State commitment beds are a part of the HRS Youthful Offender System, which
separate from the Department of Corrections, however, it i,~ part of
prison environment.
Page 8
March 1, 1994
Sheriff Hunter stated that recently information was released
a study of boo~ camps, pertaining to rectdtvlsm rates and
whether boot camps are considered a viable option for the treatment
rehabilitation of offenders. He cited a recent article in
Magazine tndtcal:tng that boot camps are not as promising as
hoped in preventing rectdivtsm than any other type of
~rogram. He reported that Staff contacted Dr. McKenzie, the author of
article, and revealed. that she was grossly misquoted in the
:tcle. Dr. McKenzie disclosed that the studles to date were done on
boot camps and that the selection criteria is not as rigid as
used for youthful offender boot camps and the treatment, educa-
'.ti'on, counseling and after care components are not present in the
adult camps.
Ms. McKenzie suggested that if Collier County is to model a youth-
~ful offender boot camp after the Manatee County Boot Camp, with educa-
treatment, counseling, and after-care components, there will be
i"a more successful outcome in terms of rectdtvtsm and changing attitu-
~:des of the youthful offenders. In addition, she stated that youthful
are more subject to change, as opposed to the adult offen-
that have been studied.
Sheriff Hunter encour~ged the Board to become more familiar with
Manatee County Progran~, noting that it appears to be successful,
jwell run, and seems to have a successful outcome with regard to
~ the attitude of the youthful offenders. He further stated
currently Collier County and the surrounding areas do not have a
~factltty for commitment of: youthful offenders.
Responding to Commissioner Constantine, Sheriff Hunter explained
;hat by State Statute only 30 youthful offenders are housed at one
time in the same facility, therefore, there iS automatically a limtta-
regarding regtonaliz~ng the boot camp. He remarked that there
re some positive benefits to be derived from the County maintaining
t~ OWn boot camp. He disclosed that when the boot camp Is located in
Oounty of origin for the youthful offender, there are visitation
Page 9
March 1, 1994
for family members, which afford a re-Integration of the
'mmtly, as well as family participation In the counseling and treat-
programs. He reported that the re-insertion back Into soctety
]:~comee easier when the family ts Involved tn the entire process.
}i:' In summary, Sheriff Hunter revealed that he has studied this Issue
for approximately two (2) years and Is convinced that a boot camp with
treatment and counseling as part of a large continuum of
~ssrvices, including the pro~[rams that precede the boot camp
experience, will produce socially acceptable behavior. Sheriff
HIAnter assured the public arid the Board of County Commissioners that
ithe Intent tm not to condition or re-program youth tn the negative
sense, but rather to achieve acceptable social behavior from the
~uth, and re-Integration back into society.
~ .~,:'
Sheriff ~unter reported that currently there are approximately 120
.{.
~en that are candidate~, for boot camp In Collier County, which
Justifies the need for this type of facility. He asked for the
~'k)Ard ' s support.
Commissioner Matthews al~ked Sheriff Hunter ho~ it will be deter-
~sd which of the 30 of the 120 young people will have acces:s to the
camp out, and in what order?
Sheriff Hunter replied that It is established by Florida State
that the Camp Commander, HRS Staff and an Oversight Board will
dmts~mine who will be placed in the boot camp, based upon their crtmt-
history, psychological profiles, personality, ability to fit Into
the boot camp environment and their potential for success.
i'' In response to Commissioner Matthews, Sheriff Hunter explained
~th&t currently the Statute reads that boot camp candidates are life,
)ltal, first degree felony and second degree felony youthful offen-
or youthful offenders who have committed a third degree felony
and have been adjudicated on at least three (3} prior felony counts.
treed that it is the Juvenile Court Judge who has the authority to
~O~'tt youthful offenders, between the ages of 14 and 18, to a boot
for a period of months.
Pa,ae 10
March 1, lgg4
Xn rempon.e to Com~Issionsr Volpe's Inquiry, Sheriff Hunter
! that life and capital crimea include murder, rap,t and armed
although the youthful offenders do not receive those kinds of
?! Sheriff Hunter agreed with Commissioner Vo]pe that less than 10~
the total arrestess wall be eligible for the Boot Camp Program. He
further mtated that It Is his personal preference not to place offen-
~erm that have been convicted of murder, multiple rapes and
'~U tiple armed robberies in a boot camp. He pointed out ths. t the
chance of having a successful outcome Is minimal and a waste of expen-
sive resources. He stated that those types of candidates are more
appropriate for an adult prison environment, or some other type of
~amp much as The Last Chance Ranch, where ~natead of prison, offenders
~Aven the opportunity to go to a Shock Incarceration Program
vo'l~tartly.
;~'~ Co~lssloner Constantine questioned Sheriff Hunter regardtn9 a
Co~ttaent fro~ the School Board for the proposed budget of $1~,000
~for ~ducatlon. Sheriff Hunter reported that the Statute provides that
the boot ca~p must be coordinated ~lth the School Board and they shall
[~provlde for the educational component. He disclosed that the 8175,000
[co~tt~ent is for tl~e and ~atertal, ~htch tacludes computers and
In response to Commissioner Constantine, Sheriff Hunter stated
!lhat roughly one hour and 45 minutes Is scheduled for Introduction to
Computers. He revealed theft building self-esteem and self-image Is
~!mportant to the conversion of youthful offenders getting back Into
the ~atnmtream of society. He further stated that the Intent is to
self-esteem and emil--Image through physical training, the abl-
to master an obstacle course, and the ability to master a dtf-
'Itcult device like a computer.
4~ Commissioner Volpe rec~lled a conversation with Sheriff Hunter
'e~ardin9 the application deadline for the grant monies available
'h the State of Florida.
March 1, 1994
In response, Sheriff Hunter clarified that Mike Boland HRS
le Justice Manager, informed him that it appears there will be
Some lapse money at the State level that had originally been
'rammed for boot camps to counties that were not prepared to go
'forward. He stated if the County makes a commitment on or about March
;(1, 1994, which coincides %{i~h the Board of County Commissioners
~[meeting date, Collier County will be in a favorable position to
.~ monies from the SZate of Florida for the construction of the
camp.
Responding to Commissioner Constantine, Sheriff Hunter advised
the State is looking for the commitment, not the actual
~riation or expenditure of the dollar. He requested a commitment
:~rom the Board that can be attached to the document stating that the
Board of County Commissioners resolve to commit County funds to assist
the development of the boot camp in order to obtain a commitment
k
:~from the State ox Florida that will allow Collier County to proceed
:w~th the recruitment and training activities for the facility.
i)i - Mr. Boland stated that Collier County is ~n a competitive
~ltuat~on with other communities around the State. He reported that
appears that in early March there will be a re-distribution of
that were allocated to other communitie..] that will be unable to
~end same due to problems with zoning and other issues. He related
Collier County will have to compete with other communities in
to be in line for thos~e funds. Mr. Boland pointed out that the
r, the House, and the Senate are looking at $153 million in new
money this year. He declared that Juvenile Justice is a big ticket
th~s year, however, it may not be in future years.
i .. 'Co~missioner Volpe inquired whether the 17 new deputies allocated
~he budget will be dispatlched to a boot canp, representing 10% of
youthful offenders, or to crime prevention, control of the
~st~eets and enforcement of the existing laws?
'.~.' Sheriff ~unter advised that the money would be spent wisely by
rating thos~ youthful offenders who ha~e already been adjudi-
119
Page 12
March 1, 1994
:&ts~ five (~) or six (6} times for crimes and probably have committed
more crimes that ar~ yet undiscovered.
~!i'' Responding to Commts13toner Volpe, Sheriff Hunter replte. d that the
boot camp will be a new facility constructed beside the existing
mmokalee Jail Center, which currently houses adult offenders from the
'Immokalee area.
Commissioner Saunders3 revealed that he had several major concerns
~that have been satisfactorily addressed. He agreed that the first
emphasis of the facility should be on punishment, and that treatment,
:ion and after-care are critical and distinguishing components
'~:between this type of facility and those reported In the media.
~om~lissioner Saunders stated that he is in support of the concept and
11 indicate to HRS thai: he supports not only providing the land for
facility, but also favors providing the local match in funds for
project. He requested that the Shertff's Office and the Juvenile
ice Counsel keep the Board informed regarding publicity and any
issues that are raised by people in communities where these drill
camps are located. He indicated that Collier County could learn from
the mistakes made by other communities.
Commissioner Saunders asked what the costs are associated with
where will the funds will come from, and what the after-
component consist of 7
.:!~ Mr. Boland replied that those funds will be provided by HRS. He
stated that the after-care component will consist of intensive super-
in the community. He Indicated that the children will be
in an Intensive Day Treatment five (5) to seven (7) days a
iweek from 8:00 A.M. to 8:00 P.M. Mr. Boland said the children will
In their own homes at night. He stated that after the Intensive
.~ay Treatment component, an after-care program will follow the kids in
~mall case loads of 8-10 youths, to assure they are transttioned back
the community.
· Commissioner Saunders a~reed with Commissioner Volpe that pre-
tng crime is the number one quality of life Issue, and noted if
Page 13
March 1, 1994
~ie do not feel safe in their homes, on the ~;treets, and on the
~t does not matter what the community is like, the quality of
Sheriff Hunter's expertise and recommendation regarding the drill
'camp. Oommissioner Saunders asked if the Judges are supportive of
issue and if they see it as a necessary st~p in curbing juvenile
crime, to which Sheriff Hunter replied in the affirmative, citing
~trative Judge Blackwe]l's endorsement.
Oo~u~lssioner Norris stated that all of his questions have been
.reseed regarding the is,~ue. He declared that the boot camp
i~x~erience w~11 change the outlook on life and the perspective of
one fits into the grand scheme of thlng~, ]n an extreme hurry.
!which ~s a benefit of the program. He further stated that the func-
ol after-care is critical to the program. He reported that he is
favor of the concept, and understands that conceptual commitment is
that is needed, and the Board will have the opportunity in the
~f~ture to discuss the budgetary ~tems.
'~' Commissioner Norris stated that because the program is limited
present rules and regulations to 30 occupants at any one time,
cannot be a continually expanding program. He asked if there is
~ndication that the maximum number of occupants might be changed
some point in the future?
~'Mr. Boland revealed that the County is presently under Federal
~r~ Order and that residential commitment facllit~es are limited to
~0 occupants. ~e reported that Lee County is trying to build
~altx'ucture, food 8ervico, laundry, off~ce, and admin~s~rat~ve
departments ~ha~ w~]] serve satellite p~ograms tha~ house 30
:erl. Mr. Bo]and stated that It ~s his ~ntent to have one
~uc~ure ~o service ,~ul~ple programs. He suggested that th~s
.Fo~r~ could be designed to have components added ~n the future.
Colm~le~oner Saunders inquired regarding ~he Lee County pro,ram.
MF. Boland replied tha% there ~s a 30 bed halfway house program:
Page 14
March 1. 1994
~on-resldenttal Intensive day treatment program operating from 8
to 8 P.M., and is a etep-down program for the 30 bed Regimented
Nlldernese Program (Boot Camp) in Lee County. He stated that the
nlrastructure will serve all of those programs,
P.~e~d: 10:40 A.M. - Reconvened: 10:50 A.M. at which time
~ordl,~g ~retary Karbirmttl replaced Recording $ecretmry Nerz ***
The following people spoke on this item.'
Mike Boland
Aubrey Rogers
Jane Varner
Bill Neron
Kathleen C. Passldomo
George Keller
l;al Gardino
Frances C. Barsh
Sheriff Hunter stated that: Manares County has reported a 98% suc-
rate in terRm of rearrests. He said that the current rearre:st
ate for the State of Florida is 50% and the Federal rate is
Sheriff Hunter revealed that the number one priority ts punish-
lent', sanction and deterrents. but not coddling.
Sheriff Hunter Indicated that the actual, annual cost to Collier
tm approximately $9,400.00 per bed. He stated that this cost
be derrayed by the reimbursement by HRS at $56.00 per day per
Co~leeloner Constantine stated that he agrees that the Justice
~ust "get back to bastc~", but the proposed schedule has these
doing something from 5 a.~s. to 9 p.m. He agreed that the prison
Is broken. He said tha~ this program will be an important com-
in correcting the systems.
~,.
. Co~uateeloner Constantine r~marked that he Is ready to grant con-
~eptual approval today, but cannot approve any specific budget, noting
that he received the proposed budget on February 29, 1994.
~[.,
~.ll~gr~l~ stockade, the enc."Glbranca of 8308,000.00 and to
.'&uth~rlz~ th~ Sheriff as de:~i~ee to ~rsue State, f~ding.
i~.:. Co~lssloner Saunders s~ata~d that he cannot support the motion
~ue it will not get the Job done. He said that he agrees ~ith the
,er~s lction Groupie augga. stion to be frugal, however, the County
Page 15
March l, 1994
not have a solution to Juvenile crime that does not cost
'thing.
Co~tmtssioner Saunders requested that Commissioner Volpe rez~cind
motion and replace it with a motion that provides the funding to
the. Job done.
Commissioner Volpe stated that he will not rescind his motion in
that regard. He said that the BCC is building a budget and will have
~the opportunity to see what i,3 required.
Oo~mAuloner ¢onatantine ,meconded the motion on the floor.
' In response to Commissioner Norris, Mr. Boland replied that the
is a giant step in the right direction to obtain a commitment
From HRS.
Commissioner Saunders asked where the $308,000.00 came from?
Commissioner Volpe stated that the $308,000.00 is reflected on the
financial statement that was presented to the Board which indicates
that the Sheriff transferred this amount back to the Board of County
',Commissionere.
Sheriff Hunter stated that he returned $400°000.00.
Oommieetoner Volpe said J.f the amount should be $400,000.00, he
All amend the motion to ~nc].ude that figure.
In response to Commissioner Constantine, County Manager Dorrill
~eplted that the Sheriff ]s restricted from spending funds on the last
,day of the fiscal year. He explained that the $308,000.00 is the nor-
'mml turnback to the Board. }[e said that the $400,000.00 was deposited
?into the General Fund Reserves.
Commissioner Saunders st~ted that the $308,000.00 is an arbitrary
fi~re that bears no relationship to the program. He reiterated that
'motion should be made that will get the Job done.
i'" Sheriff Hunter said that the actual amount requested is
$489,000.00. He suggested that he come back before the Board of
~.~:Count¥ Commissioners with a l~equest for an appropriation from the
;~Confiecation Trust Fund for $90,000.00 if the $400,000.00 that has
been provided could be set aside.
Page 16
March 1, 1994
,'.. ; Commissioner Saunder,3 remarked that the Board must approve a
[on for $489,000.00. He Indicated that the amount is subject to
!change based on the budgets being refined.
'~i.} Commissioner Volpe e~p]atned that the intent of the motion is to
.grant the request for the commitment of $400,000.00 which Is the
that the Sheriff has already returned. He stated if he
)rated the financial report incorrectly, he will amend ~he motion
whatever the correct amount Is.
Commissioner Constantln,~ agreed with Commts:sioner Volpa.
~ ' Commissioner Constantine said that the motion will provide the
i. State with a commitment for the program.
Commissioner Volpe conf:[rmed that the actual amount of the commit-
ment will coincide with the money that the Sheriff has turned back to
Board of County Commissioners.
'OpOll call for the qxleetJ. on, the motion carried 3/2 (Coulsstoner
~rs ~d ~tth~ oppo~e,d).
Co~tssioner Saunders ~tated that he voted against the motion
/~,~Stmply because he does not feel the amount is sufflctent.
C~tsstonsr Sanders ~toved to approve the amo~t of $400,000.00
'm t~ ~ttng ~t~o~ In order to indicate to ~5 th~t the
~ of $~ty Co~tsslonsrs is ~tfted in this regard. Seconded by
ats~tsr ~tth~s.
~ till for
Co~ty Manager Dotrill asked if the $613,000.O0 proposed for the
trst year operating costs i.s included In the Appropriations Bill that
being considered by the Legislature?
Mr. Boland replied that the monies are not specifically earmarked
fo~ Collier County at this time. He said if the State does not pro-
f%lndtng, the County will be forced to rescind its commitment.
Manager Dorrill staked what form of agreement will be pro-
tded between the County and MRS?
Boland answered that a contract will be developed.
Manager Dotrill recalled that the Board previously approved
Page 17
March !, ~4
iruction pro~ect with operating costs as part of the ~iscal
OF COLLIER C07I[~TY OOV~R~NT PRODUCTIVITY COMMITTEE
'~ - ~D; WO~SHOP S~ED~ED FOR ~RIL 20, ~994 ~OM 9:00
~' Mary Weigold, Chairper,Don of the Productivity Committee, stated
that 1993 provided a new and different approach to the Productivity
She said that the assignments designated by the BCC pro-
vlded more County wide fssue..~ and topics. She presented the Board
"~th a number of sub, acts &nd revealed that they will be discussed in
th at the Workshop Meeting.
Ms. Weigold revealed that the basis of the Emergency Medical
8erv~ces (EMS) Report is based on how that department provides a vital
~rvlce to the County. She said that the Report recommends g~/idelines
the utilization of the EMS helicopter. funding considerations;
~providing representation from the City and the County in order
~aolve disputes; and the formulation of a Speaker's Bureau.
!. Ms. Weigold s~ated that the second Report is in regard to the
of tho new helicopter. She explained that the Committee's
~recouendation is that the Board declare its intention to support the
; select an Oversight Committee; develop guidelines for
operation and maintenance; and pursue additional used
~'he~coptere of the same make and mode] once the decision is made.
Ms. Weigold reported that the third Report i,.~ in regard to
~d/Unpa~d Leaves of Absence.
Ms. Weigold indicated that the fourth topic addresses Community
Development Services. She stated that due to the recent changes. the
CO~ttee has not had the opportunity to discuss the recommendations
['th Mr. Clark and At would be more appropriate to discuss them at the
workshop.
Welgold etated that 'the f~fth Report is on the 800 MHz System.
Page 18
March 1, 1994
reminded the Board that the time frame Is drawing close to
:olplete the necessary action to secure the non-cancellation of the
F¢C licenses,
Me. Welgold requested that a date and time be set for the
Workshop.
Co~lssloner Constantine suggested that the workshop meeting be
for mid-April.
i: Ms. Welgold Introduced the new Chairperson, Mr. Tim Hanco,:k, to
the Board of County Commissioners.
It was the consensus of the Board that the Workshop Meeting with
Collier County Productivity Committee be scheduled for April 20,
1994 from 9:00 a.m. to 1:00 p.m.
~,T~ ~0~ C~O[O~,03KZZ ISL~3D - IT~X TO Bg ADDED TO ~CC AOX]n:~ ~IT~IN
· Attorney Bruce Anderson reported that he is representing the
ii~malllwood family members, who own property on Choko]oskee Es]and that
~wmm originally platted for $mallwood's Subdtvls.[on tn the 1920's. He
~"esented & survey showing the lot lines of his clients' property
was recorded in 1987 as part of a probate proceeding. He said
three months ago when his clients had a contract for the sale of
one of their lots, they were notified that their lots were Illegal
~d that no building permits would be Issued until the County's
ion pla~lng retirements had been complied with. He said
~.::' S~11~od's found that If their homes are destroyed by a natural
, they would no~ be able to rebuild.
~. Anderson stated that there Is a two fold problem; nonconfo~-
t~ wlth Iln~lul 1Or size and nonconformity with subdivision re~la-
~e ~e~es~ed that the Board grandfather In o~ exempt
g t~ parcels on Chokoloskee f~om these two regulations. He
that In 1~90, the County exempted Choko]oskee from th,~ Zoning
Itlon Ordinance.
I~ ~el~nee to Co~lsslone~ Matthews, Mr. Anderson confirmed that
Page 19
March !, 1994
%J~ Oount¥ had been issuing building permits in this area as recently
February. 1993,
Co~umissioner Volpe pointed out that this item has been brought up
a result of a title search.
the regular agenda.
He suggested that the item be placed
Commissioner Volpe stated that if there is a mechanism to
)lish Mr. Anderson's objective, he must provide how and who is
iponeible to maintain the private easements that provide access to
heee individual residences.
It was the consensus of the Board that Staff place this item on
agenda within 30 days.
O~J)INAB~ TO ALLOW ADDIYIONAL IMPACT FEE DlFERRAL ALTll~NATIVES -
STAFF DI~--f~D TO ADVerTISE PUBLIC HEARING
~. - Greg Mihalic, Affordable Housing Director, stated that the County
!~iAttorney advised that it is possible to bring this item back under
provisions at a night hearing without advertising, if it is
i.'~ithe desire of The Board of County Commissioners.
,~'~ In response to Commissioner Norris, Mr. Mlhalic replied that this
be a permanent amendment to the Ordinance.
..In answer to Commissioner Matthews, Mr. Mth.alic explained that the
are requesting th.[s amendment in order to allow a separate
for deferrals from what is available now.
Co~mmieeioner Volpe mov.ed, seconded by Commissioner Morris, that
.i:~ta£f be directed to adverti~e for a public hearing.
.O~x~m call for the question, the motion carried unanimously.
Stephen Thompson requested that the Board consider this under the
i~E]ler~]ency Ordinance provisions because his client must have his low
£ncome housing tax credit application in by April 4, 1994.
In response to Commissioner Saunders, County Attorney Cuyler
,lied that if an Emergency Ordinance amendment is adopted to permit
Mr. Thompeon's request, the night hearing requirement could be eltmt-
ooK OCO .,. 27
Page 20
March 10 1994
however, the elimination would be permanent.
Commissioner Constantine announced that he is not comfortable with
"amending the Ordinance permanently in this case.
S120)
X~em #SB1
~R~POItT AND ]~CO~[KNDATION ON SHORT AND LONG TERM DRAINAGE IMPROVEMENTS
;NIT~ T!~ COUNTT BARN ROAD CORRIDOR - APPROVED STAFF RE00MMENDATIONS AS
Transportation Services Administrator Archibald stated that this
i~tsm Includes two elementfJ. He said that the first addresses gaining
approval on changing out culvert pipes on County Barn Road for
total cost of $17,000.00. He requested that Staff be authorized
process budget amendments to undertake certain drainage replacement
'actlone on the east side of County Barn Road.
Mr. Archibald reported that the second element deals with the
Barn Road corridor Including the drainage outfall into the
~dselgn phase and subsequently Into the right-of-way and the construc-
.tton phase which will cost approximately $1 m.lllion. He said that
aff has outlined five options for funding.
Referring to the design phase of the 4-1anlng of County Barn Road,
· Archibald requested diJ,ectton on continuing the inclusion of the
phase of the water management improvements with the roadway and
.whether Staff should proceed with any additional step.
In response to Commissioner Volpe, County Attorney Cuyler stated
that there is no problem directing Staff to pursue options.
h: The following people spoke on the subject:
George Keller
Skip Riffle
i~i,. Douglas McGllvra
Glenn Simpson
Shirley Riley
Commissioner Norris stated that he understood that the canal work
be part of the 4-1aning of County Barn Road. He remarked that
g to the Executive Summary it is not part of the 4-1anlng. He
if this is a recent change?
.~,Transportatton Servlces~ Administrator Archibald replied that the
directed Staff to take advantage of the design to incorporate
Page 21
March 2, 1994
road and water management design into the plans and specifica-
~ons. He stated that it ]s improper and illegal to use road funds
!~!~or a water management purpose not related to the roadway. He pointed
out that the road project and water management project are two dif-
~farent projects that should be addressed separately.
:' Commissioner Norris moved to approve Staff recommendation am pre-
'~ieented An the Executive $u~ry, seconded by Co~missionsr Saunders.
Commissioner Volpe stated that he cannot support the mot]on
']because this is a basin issue. He clarified that the motion is appro-
ival of pursuing funding within basin 6 under the stormwater drainage
~l&n. He explained that unifo~'mity is important as to how the storm-
water runoff problem is handled.
~ call for the question, the motion csrrted 4/1 (Coutss~oner
~2
:RE$OLUTI0~ 94-135 1%E LE&SE AGREEM]~NT B~TWE~N BCC
*D~~ OF HI~Y S~ ,~ MOTOR ~HICLES - A~D;
~~ ~~ TO LEG~ R~I~
:'* Commissioner Constantine ,~uggested that this item be discussed
with Item #8B3,
Transportation Services Administrator Archibald explained that
,;this item involves a lease at the Immokalee A~rport to continue to
::..operate a driver license bureau.
~: Gomm~ssioner Volpe asked if there are any termination provisions
h~ha leases?
~ /Commissioner Volpe expressed concern regard:[ng fair market w~lue.
asked if an assessment was done7
Mr. Archibald answered affirmatively and explained that in the
¢mae of the Immokalee Airport the Federal Aviation Authority
the County to reduce th,~ appraised value if there is a
purpose. He said that 'the Everglades City Airport is a small
site which does reflect the market appraisal.
Mr. Archibald revealed that there are termination clauses in both
Page 22
March !, 1994
'¢Our~ty Attorney Cuyler a!;/reed to review both agreements to verify
they contain terminatiol~ clauses.
Coma/~lon~r Vo:lp~ ~, seconded by Co~lsaloner Norris to
~l ~ leto ~r~nt I~t~en the ~ard of C~ty
~ Flort~ ~t~nt of ~tgh~y Safet~ ~d ~tor Vehicle, e,
to ~ ~i~ ~d t~t Reaoiution 94-135 ~ adopted.
~ call for t~ ~sttc,n, the ~tlon carried
Page 23
~arch ~, 1994
:LEASK A~EMENT BETWEEN MJC MANAGEMENT, INC. AND COLLIER COUNTY FOR
~.i'THE PIIRPOSE OF UTILIZING A PORTION OF THE EVERGLADES CITY AIRPORT FOR
THE PURPOSE OF CONDUGTING A BICYCLE RENTAL BUSINESS - APPROVED SUBJECT
TO L~OAL REVIEW
This item was discussed in conjunction with Item #8B2, above.
Commission Volps moved, seconded by Commissioner Norris to approve
the lemae agreement between MJC Management, Inc. and Collier County,
~ubJect to legal review.
Upon cm11 for the question, the motion carried unanimoumly.
<.~ . Page 24
March 1, 1994
ess ~t~CUS: 12:30 i~ - ~:econvened: 1:09 1~ Xt this time Recording · ecretar~ Fix-ally replaced Recording $ecreta:~ ~rbiretti
Xt~D1
" [l ll~l~r&XXO~ FLA~ FOR UTILITIES DIVISION PERFORMANCE R,~"VI~H REPORT
· R~gDA?TO~ - AFFROVED
Mike MeNess, Acting Utilities Administrator, stated that contrary
to reports and rumors of the eminent collapse of the Utilities
Division, it is doing well and today he is addressing the most serious
problem of image and public: perception,
Mr. McNees explained that the Performance Review Report submitted
by Coopers & Lybrand (C&L) revolves around MIS issues and how the
Utilities Division can improve operation through greater use of auto-
marion. Mr. McNees explained that Staff is presenting a plan which
adopts the C&L proposal (i.e., hiring a consultant to addreset the MIS
Issue overall) and a listing of specific recommendations addx'esslng
billing and customer service which have already been or are currently
being implemented, as pres~nted on Pages 5 and 6 of the Executive
Summary.
Commissioner Constantine questioned how the County is measuring
error percentages in calculating impact fees which the report reads
"Error percentages have gone down and customer satisfaction has
Increased."
Mr. McNees explained that error percentages are measured by Staff
and the customers are being questioned directly regarding satisfac-
tion, but more detailed information will be secured and presented to
the Board.
In response to Commissioner Matthews, Utilities Finance Director
Ron Cook explained that the $20,000 discrepancy arising from the con-
version between the HPE and the NCC software systems was resolved in
July or August, 1993 prior to sending deposit refunds and Staff was in
the process of reconciling the discrepancy when C&L performed the per-
formance review.
Mr. McNees recommended a schedule from March 1 through September
Page 25
March 1, 1994
1, 1994, for the development of a scope of services and selection pro-
cess for a data processing consultant whose purpose is to look at the
overall need for automation including the core business processes,
i.e., purchasing, inventory control, work orders, in addition to tra-
ditional customer billtng/~ervlce. Mr. McNees pointed out that the
consultant will determine t~hether the system the Utilities Division
currently operates is capable of meeting Its long term need~3 or if a
new system, in terms of haFdware and software, is necessary. Mr.
McNees explained that little guidance should be given to the con-
sultant so that there are no preconceived notions involved and recom-
mendations are totally open and unbiased.
Mr. McNees stated that recommendations are scheduled to be brought
to the Board before the end of September which is not sufficient time
for Staff to Incorporate all recommendations into the FY 94/95 budget
'but does allow Staff to deal with immediate need recommendations early
in the fiscal year. Mr. McNees pointed out that the budget cycle, as
it affects the Utilities Division, is not as critical as the ad
valorem funds.
~4-..: . Commissioner Constantine stated that he prefers having an unbiased
short llst presented to the Board of County Commissioners for the
selectlon of a consultant and also to hear the presentations by the
fir,s, rather than Just rece!vtng a recommendation.
Commissioner Saunders stated that the short ltst should include
'the ranking by the selection committee.
In response to Commissioner Volpe, Mr. McNees stated that
information will be available on privatizing the billing function at
the same time the short list/presentations for the consultant are pre-
sented to the Board.
In response to Commissioner Volpe, Mr. McNees stated that Staff
recommends paralleling the automation and prtvattzatton rather than
one (1) consultant making recommendations on both.
In response to Commissioner Saunders, Mr. McNees explained that it
is possible that very little need be spent to extend the Utilities
Page 26
March 1, 1994
Dtvision's present syste~ to suit the County's needs.
Mr. McNees stated that it is difficult to recommend a plan to trim
employees or staff a system before it is decided what the system will
be. Mr. McNees explained that during the budget process and through
the course of the consultant's work, recommendations will be made to
economize wherever possible as a result of the automation undertaken.
Commissioner Constantine stated that contract completion is
scheduled for June 1, with the consultant's report completed on
September 1, and the presentation to the Board of County Commissioners
on September 20, 1994. Commissioner Constantine asked that the
September 1 and September 20 time frames be accelerated by two (2)
weeks to allow the Board an opportunity at the end of the budget cycle
to look at necessary and/or unnecessary positions. tommiss.loner
Constantine pointed out that governments are famous for implementing
plans for potential savln.qs and not moving forward. He suggested that
the Board take full advantage of whatever savings are recommended in
the report.
Mr. McNees stated that if it is discovered during discussions with
the consultants that the three (3) month time frame schedule (from
June 1, contract award to consultant, to September 20, 1994, presen-
tation of consultant report) is too short or too long, the Board of
County Commissioners will be notified immediately.
Mr. McNees pointed out that the C&L report states that cost
savings may not result from a diminished staff but the ablltty to con-
tinue to deal with growth with the existing staff.
Mr. McNees stated that under Plant and System Operations and
Maintenance, C&L recommends Initiating an employee compensation eva-
"luatton which the Board of County Commissioners has already approved
i.,. as part of the adopted FY 1995 budget policy, .not only in the
Utilities Division but County wide.
Mr. McNees explained that another large area of recommendatlon in
the CaL report is levels of staffing at County facilities. Ne
explained that C&L has mad~~- recommendations for each of the water
Page 27
March 1, 1994
plants, wastewater plant~ and some maintenance sections which Staff
does not fully agree with and lacks understanding of: therefore, Staff
has asked C&L to tdentlf%, what facilities were utilized to create the
formulas used to generate the staffing recommendations and where those
facilities are being staffed into those formulas. Mr. McNees stated
that Staff would like to know where these staff recommendations are
working and what the methodology is before making changes.
Mr. McNees stated that ~he Board of County Commissioners approved
a South Sewer Plant Master Plan, which if not complete t~ nearly
complete, and includes a staffing analysis of the largest wastewater
facility that indicates the plants are staffed appropriately. He
explained that customers have an investment in excess of $300,000,000
in the water and sewer system and it would be lrrespoosible for
Collier County to lay off plant operators until the differences bet-
ween the consulting engineers report, Staff's expert experience in
operating the facilities and the methodology utilized by C&L is
reconciled. Mr. McNees stated that Staff is open to economies of
scale, gains from automat]on and finding optimum staffing levels but
they have not been presented and/or documented appropriately.
Commiss~oner Constantine asked that Mr. McNees scrutinize optimum
staffing levels thoroughly in the Utilities Division and assure that
all pos~tions are fully documented as to necessity during the budget
process th~s year because of the nine (9) requested positions last
year that the Board was told were not needed.
Mr. McNees stated that C&L recommends that an engineering depart-
~ent be created but one is in existence: its scope needs to be broaden
and will be addressed during the budget process.
Mr. McNeee stated that ~he Q+ process was acknowledged and
continue to pursue related studies and internal efforts to improve ~he
COllier County processes.
Co~]ss~oner Matthews stated that it is recommended that an
~nvest~gation be conducted relative to changin~l the 24 hour ~,hifts
from six {~) positions to fl%,e (5) positions and ~nquired whether this
Page 28
March 1 1994
t8 b~lng addressed.
Mr. McNees responded that Staff has requ,.sted background Infor-
mation for the basis of that recommendation from C&L but this has not
~:,~en supplied. Mr. McNee:! assured the Board that before recommending
staffing that the Issue will be reconciled but Staff believes Collier
County Is staffed adequat4~ly and supports the six (6) positions.
In response to Commts~Jloner Matthews Mr. McNees stated that the
reduction recommendation In the 24 hour positions is included in the
16 Dosittons recommended for elimination. Mr. McNees explained that
the ~ositions C&L Is reco.~iendlng to be added will not be ad,~ressed
until staffing questions are reconciled and until the overall picture
~s seen of what will be saved by automation, or until the methodology
utilized Is clarified.
Coalsstoner Matthews stated that only three (3} people are
required to manage a 24 hour shift and C&L Is recommending five (5)
~ositJons to allow fo~ vacations, holiday, sick leave and personal
leave yet Staff feels that s~x (6) positions are necessary.
Co~ty Manager Do~r/11 stated that the recommended reduction
relates to plant operating personnel but someone must ]~ave the water
plant ~d t~avel da~ly to complete the wel]f]eld and maintenance
~ns~ct~ons and the slxth person helps account for vacations, etc.,
notJn~ that the plants cannot be abandoned.
Co~Jsstone= Matthews suggested that the Job descriptions may be
m~elemdlng to make C&L believe that six (6) peoD]e are assigned to
shift work and some rational reconciliation mu~t be accomplished.
M=. McNees advised the Board that C~L returned Staff's telephone
call one hour ago and explanations w~11 be for~hcom~n~ and documenta-
tion secured.
Co~JssJoner Norrls sugg;ested that Staff move forward with imple-
mentation of the plan and any variation from the recommendations pre-
mented ]n the re9ort should be fully Justified by Staff.
Mr. Dotrill explained that at budget hearings staffing loads which
vary from the recommendations by C&L will be addressed and rational
Page 29
will be presented.
March 1, 1994
Commissioner Norris stated that under a NASA satellite tracking
contract, four (4) shifts ran equaling 160 hours per week and there
are 168 hours in a week so eight (8) hours are overtime; five (5)
people are ample to cover absenteeism, etc.
Commissioner Matthews stated that she researched allocating per-
sonnel to 24 hour shifts and allowing for vacations, holidays, etc.
and derived that 3.7 people would be necessary to cover a 24 hour
~' shift, 365 days a year.
In response to Commissioner Matthews, Wastewater Director Tim
Clemons stated that Staff i~ not recommending that the County upgrade
all operator positions to the senior operator level as proposed by
'C&L. Mr. Clemons explained that the State does not mandate that there
be a Class "A" operator on every shift He explained that the cost
savings to the County are substantial by utilizing Class "B" and "C"
operators. Mr. Clemons pointed out that it takes five (5) years to
obtain a Class "A" license which would take an extremely long time for
all operators to obtain and would result in paying more for positions
that are not needed.
Co---tss~oner Norris moved, seconded by Co~st~sioner Saunders and
carried unanimously, that Statff proceed wlth plan implementmtton, and
that ~m unbiased short list for a software con:suitor be ~bmlt~ed for
the ~d of Cu-~ Co~tlstoners' review ~d ~y deviations from the
r~~tA~ of the reporl be fully Justified by Staff.
:-.Xt~ t8G2
~ ~ ~NITORIN~ PL~ FOR THE N~LES ~DFILL - ~PRO~D
Bill Lorenz, Environmental Services Administrator, stated that at
the September 15, 1993, workshop, the Board directed Staff to review
and evaluate the County's ground water monitoring plan for the Naples
Landfill. Mr. Lorenz explained that in order to provide a more
comprehensive program to protect. the public's health and safety, Staff
000:,,',: 58
Page 30
Narch 1, 1994
is recommending adding five (5) additional sampling wells off site
between the Landfill and residences, adding 30 shallow wells designed
to gather data to determine the direction and velocity of ground water
movement from the Landfill and expanding the list of parameters sampled
to include more toxic and hazardous constituents than presently
required which will be a regulation In October 1994 but is being
recommended to begin now.
Mr. Lorenz explained that the public suggested that monitoring
should be monthly rather than quarterly but ground water flows
approximately five to ten (5-10} feet per year in a northeasterly
direction from the Landfill which is a relatively slow rate of move-
ment indicates that semi-annual sampling is an appropriate sampling
frequency. Mr. Lorenz stated that the current monitoring program Is
improved by adding more wells and parameters and by better determining
the direction and velocity of ground water movement. Mr. Lorenz
pointed out that surface water quality monitoring will continue on a
monthly basis and can also serve as an early warning detection system.
Mr. Lorenz stated that the proposed program will have a first year
cost of $43,200 and an annual cost of $28,200 compared to the annual
cost of the current program of $20,400. Mr. Lorenz stated that funds
currently budgeted are adequate to cover the proposed changes.
In response to Commissioner Norris, Mr. Lorenz stated that this is
an Enterprise Fund expendltu.~e.
In response to Commissioner Volpe, Mr. Loren:,- explained that Staff
is able to accomplish the proposed addition of the five (5) sampling
wells off site between the Landfill and residences In the current
fiscal year and the $50,000 budgeted will tmplem~:nt the enttr,_~ work
program. Mr. Lorenz pointed out that the wells that are subJ,~ct to
the closure will not be physically completed this fiscal year.
Mr. Lorenz explained that the current budget amount will be suf-
ficient for monitoring b,gcau~3e of the savings realized from changing
from a quarterly to semi-annual Inspection program.
Co~issionmr Norris moved, seconded by Co~u~ta~stoner Volpe and
Page 31
March 1, 1994
': c~rTted unani~ously, that Staff implement the recommended sonitoring
,. programs and process the .appropriate budgot amendments.
· ./ten ~803
NATIIAAL R~SOURCES PROTECTION AREA (NRPA) PROGRAM - STAFF TO CONTINUE
TO D~;I~OF N]~PA I~ROGRAM Ifil[ CLAM PASS FIRST AREA CO~SIDIR~D ILND
RKSTORATIO~ TO BH INCLUDI~D
~,.. Bill Lorenz, Environnenl:al Services Administrator, stated that on
January 18, 1994, the Board directed Staff to develop more specific
~u~deltnes for identifying and further development of the Natural
Resource Protection Areas; (NRPA) program.
Mr. Lorenz explained that the Growth Management Plan requires
Collier County to identify NRPA's and to adopt development guidelines
~'- and standards.
Mr. Lorenz pointed out that if the Board directs Staff to cease
work on the NRPA program that amendments must be adopted to the Growth
Management Plan.
Mr. Lorenz stated that the two (2) main components are selection
of criteria for identifying an area as a potential NRPA, ultimately
providing Justification for ~he Board to adopt the area and the pro-
cess to identify potential NRPA's and developing the management
guidelines.
Mr. Lorenz stated that the process for identifying potential
~{RPA's ~s first to obtain Board authorization to proceed which will
~i%" entail Staff preparing a three to five (3-5) page technical memorandum
'. for each potential area, addressing the criteria to be used to solicit
~.{ direct/on from the Board. Mr. Lorenz explained that the Board will
then decide on which, if any, of the NRPA's should proceed to the next
Mr. Lorenz stated that the second step is the development of an
~ NRPA management plan, Justification/rational for the NRPA, and Staff
will request that the Board either approve or reject the plan. Mr.
Lorenz pointed out that the process also allows for sufficient feed-
back through the Environmental Protection Technical Advisory Board
Page 32
March 1, !994
(EPTAB) who will help identify and work through the Justification,
develop and propose protect]on mechanisms (the management guidelines),
and also solicit public input through a workshop format. Mr. Lorenz
stated that when Staff prese. nts a potential NRPA to the Board, it will
have gone through an extensive public input process.
Mr. Lorenz stated that the criteria for consideration of Natural
Resource Protection Areas include the water protection and conset-
vatton area wherein Staff will be quantifying how much of the water
shed area is draining into ~ome very critical estuarlne systems. He
Indicated that the technical memorandum will Include this information
and will be as quantitative as possible. Mr. Lorenz indicated that
recharge aquifers will be identified and the Board will be provided
the Information on how much of the proposed NRPA's are located within
the critical recharge areas.
Mr. Lorenz explained that other criteria for consideration of a
NRPA is habitat for endangered, other ilsted species, and biod~ver-
e~ty ~nd will be presented as a County computer overlay map for Board
consideration along with Ju:~tification as to why the area is critical
to Collier County. Mr. Lorenz explained that this Information is also
critical for the w~ldlife corridor/movement for selected species.
Mr. Lorenz stated that rare, unique and endangered habitats is another
: criteria for consideration of a NRPA and will identify a number of
vegetation signatures and habitats within the County.
Mr, Lorenz stated that fisheries, such as sea grass beds, will
also be considered and quantified for Board consideration Mr. Lorenz
pointed out that Clam Bay is one of the highest areas for sea grass
beds.
Mr. Lorenz stated that pristine/natural state areas will be tden-
~.,.,' l:~f~ed very specifically to enable the Board to determine if It should
be considered as a NRPA or not.
Mr. Lorenz explained that a variety of protection mechanisms
include set asides, density transfers, purchase of development rights,
~urchese of property use rights, land use density/zoning, conservation
Page 33
March 1, 1994
'?':.eaaements, requlatory standards, mitigation banking, land development
:~:~ standards and public ownership and will be utilized to evaluate each
NRPA.
In response to Commissioner Constantine, Mr. Lorenz replied that
removing the NRPA program from the Growth Management Plan will not
prohibit Collier County from setting aside areas for protection
voluntarily.
Commissioner Constantine stated that it would relieve the County
!'~" from an absolute obligation or from a Department of Community Affairs
~i' :". requirement.
The following persons :spoke on this item.
Bernie Young
Bill Neron
Ellte Krter
Dr. Fran Stallings
Barbara Cawley
In response to Commtss.ioner Matthews, Mr. Lorenz replied that the
management plan for Clam B;~y would address the water flow issues and
'~:' the reasons behind the demise of mangroves and how to stop or reverse
same.
In response to Commissioner Norris, Mr. Lorenz replied that the
County can proceed with addressing the water flow and mangrove Issues
at Clam Bay without declaring it a NRPA but the Growth Management Plan
requirement will be met by doing so.
Commissioner Volpe questioned why restoration is not identified as
a type of protection mechanism?
Mr. Lorenz responded that it ]s an oversfght and should be
f, 'Included.
:).: _T&p~ #4
In response to Commissioner Volpe, Ms. Cawley responded that Clam
Bay ls in a conservation area and a NRPA is not necessary to
accomplish what is needed. Ms. Cawley explained that in conversations
with Dr. Staiger City of Naples Environmental Protection Director he
Indicated that a very complicated problem exists in Clam Bay relative
to the flushing, fresh water influx, etc. Ms. Cawley stated that
regulations are a national problem and a continuing problem for people
Page 34
March 1, 1994
.who want to use their /and.
Commissioner Saunders; ~tated that part of the agenda for the Water
Workshop scheduled for March 3, 1994 is an overview and evaluation of
currently existing regulatory mechanisms and hopes that thE? Board will
keep the NRPA program going until after that explanation.
Commissioner Saunders stated that Ms. Cawlay has indicated that the
County should not engage in further regulatol'y programs until it
better understands all programs currently in existence and also that
the County should not engage in further acqutsit~on of land because
there is already 60 to 65 percent under private ownership.
Gommtssioner Saunders stated that the conclusion he draws from those
statements is that the Board should do nothing. He stated that the
protection and preserving of recharge areas for potable water and the
establishment of NRPA's to assist in that regard is critical and needs
Immediate attention.
Commissioner Constantine stated that the key issue is ~{ater and
Collier County's water sources as it grows; NRPA's only address the
issue in part and are not the answer.
C~Assioner Constantine moved to have Staff prepmrs m~ndaents to
the Growth ~mnmg~m~nt Plum eliminating the re,~uirements thz~ County
ha~ placed upon Itself for ~RPA's, and expend that tile addressing the
~otable water
Co~issloner Volpe ~est~oned if the County does not ~o through
with establishing a process and criteria for identifying NRPA, which
Includes those areas already protected by other programs and land
~nder private o~ershJp, how the results will be obtained?
Co~Jssioner Constantine stated that two (2) full tame employees
are dedicated to the NRPA p~ogram and their tlze should be focused on
the water issue.
Commissioner Saunders stated that he cannot support the motion
because At is a mistake to backtrack on the Gomprehensive Plan.
Commissioner Matthews stated that she cannot support the motion
because the Board finally has the NRPA program presented in substan-
Page 35
~arch 1, 1994
?.~i' tfal form and it allows for termination in the future but now ts
~[:,[ipremature. She remarked that it must see how the process works before
f? it is terminated.
Upon call for the qu,eation, the notion failed 2/3 (Co~alselonere
Saun~er~, Volpe and Matthews opposed).
Cm~alsstoner $aunderm moved to have Staff continue to develop the
~tPA program, the criteria continued to be r,~vtewed by El:TAB and
public co~nt eolicttat~d and the first NRPA evaluation to be Clam
Bay. mcandad by Conle~loner Matthews.
In response in Commli~stoner Volpe, Mr. Lorenz stated that adoption
of an ordinance is necessary for an area to be declared a NRPA and
Information obtained during research may tncSude recommendat:tons to
amend the Future Land Use Plan, codes, ordinances, etc. In order to
Incorporate that Information into the appropriate mechanism.
In response to Mr. Lorenz, Co.mtaeloner Saunders withdrew that
portio~ of the motion relative to review by lIPTAB and pmblic couant
solicitation since it te already Included in the process and amended
the motion to include that Staff ie to proceed ,tth the appropriate
ordtn~u~-es to d~slgnate Clam Bay as the first NRPA.
Commissioner Volpe stated that an Interlocal agreement with the
City of Naples should be pursued if the County actively lnve:~ttgates a
solution to the Clam Bay problem since it ts located in both the City
and County. Commissioner Volpe requested that restoration should also
be addressed in the motion.
Co~tssto~r Smundera mmendad the notion to include restoration.
0o~tssloner Constantine stated that he is concerned that the pro-
cess can be abused and a dollar figure should be attached, similar to
variance requests, so that: the system does not get bogged down with
' of County Commissioners.
requests.
Commissioner Matthews ,;tated that EPTAB will be investigating
requests by individuals f¢,~ consideration of areas as NRPA's.
Commissioner Volpe pointed out that the checkpoint is the Board
Page 36
March 1, 1994
Mr. Lorenz stated that a first step can be added to the process
wherein before Staff prepares a technical memorandum, a list Is com-
plied of requests for areas to be considered af~ NRPA's and presented
to the Board for authority to proceed.
Commissioner Saunders a~tMed the ~otton to Include that Staff
~t~rl~ to p=~ with th~ tec~tcal ~r~d~. ~e ~lso ~ded
~ ~tl~ to ~ Cl~ ~y t~ the first ~re~ constder~ ~ ~ ~A but
~fo~ ~i~ laird ~s~rs tMt the City of ~ples is ~1111ng to
~ter ~to ~ ln~erloc~l ~grs~nt to ~sslst in the Cl~ ~y pro~ect
~ ~ is to ~1~ ~d ~ · ~rt of that process.
Co~lsstoner Hatthe~s stated that she is hesitant to a~end the
second ~cauae she feels the County should ~ove forward on the Clam
~y pro~ect whether the City of Naples Is wllltng to participate or
Coulsstoner Constantine stated that ~hen variances or proposed
~en~ents ~re presented to the Land Development Code, an application
fee is re~lred because it takes up Staff tt~e and tn turn costs tax-
p~yer ~oney; therefore, a fe~ n~eds to b~ attached to r~uests for
~re~s to be considered as a NItPA.
Coatsstoner Volpe stated that he prefers to s~e ~hether the pro-
cess is abused before assessing a fee.
Coulsston,r Norris stated that Mr. Lorenz informed the Board that
there Is no need for a NRPA lr~ order to address the Clam Bay issue.
~s stated that this sounds like a government program that appears to
~ accomplishing something but ends up being a re~latory octopus in
the future and he cannot support the
Callastoner Volpe questlc, ned how stormwater drainage fits Into
the procmss because wat,r quality Is an issue and various basins drain
Into Cl~ Bay, Vanderbilt Bay or Vanderbilt Lagoon.
Mr. Lorenz explained that stormwater drainage fits in the process
only If the County is looking at a NRPA that is a very Important
flow way as a natural system which the County will want to protect for
Page 37
March l, 1994
Its natural characteristics s~nce it is part of the water shed system.
D~ call for the question, the mot/on carried 3/2 (Contlelonars
~I~ OF ~ CO~'~ ~E~ AUDITORS, COOPERS & L~D, TO
~~ FIN~CI~ A~I~ 0F ~[E SOLID WASTE COLLECTION S~VICE
~IS~S - CO~I~D TO ~ETINO OF ~CH 8, 1994
In response to Commissioner Volpe, David Russell, Solid Waste
Acting Director, stated that the arrangement with Coopers & Lybrand to
perform financial audits of the solid waste collect]on service
franchisees is the same as last year but is being brought before the
Board because it is a change order to the contract and requires Board
approval.
Couisstoner Volpe stated that when the Board approved the
contract, the annual audit was approved and allowed Coopers & Lybrand
to offer to perform additional services that would result in cost
savings. Commissioner Volpe questioned if Mr. Russell is satisfied
that the audit as proposed to be completed by Coopers & Lybrand is a
competitive price.
Mr. Russell replied that the Judgment as to the best auditing
value is left to the Judgment of the Clerk's Office and the Finance
Department is in support of this arrangement.
· Commissioner Volpe stated that at the time of the contract award,
/~{;~Coopers a Lybrand assured the Board that the financial audits would be
"~ completed more sufficiently if the contract was renewed with them.
i' ~ It wms the consensus of the Board to continue this 1tel to the
~,'. ~eetLng of March 8, 1994.
(goo)
l~IEW OF THE I~ECO~NDATION IIY THE TOURIST DEVELOPMENT COUNCIL AND
FINAL FUNDXN~ DECISION R~GARDING PROPOSAL SUBMITTED BY THE NAPLES
NATION&L GOLF CLUB, INC., FOR TOURIST TAX FUNDING IN THE TOURISM GRANT
PROG1tAM (CATEGORY C) - APPROVED
Mike Smykowski, Acting Budget Director, stated that on November 1,
199~, the Collier County Tour]st Development Council (TDC) met to
Page 3 8
March 1, 1994
review proposals submitted in Category C, the special events category,
and make recommendations to be considered by the Board. He explained
that a final decision by the TDC regarding the Naples National Gold
Club, Inc. proposal was deferred unttl the TDC meeting in February,
1994, as the applicant was negotiating with ESPN for television
coverage and was also attempting to secure flnancial sponsorship for
the event.
Mr. Smykowski explained that on February, 7, 1994, the TDC met and
reviewed the Naples National Golf Club, Inc. proposal and it ~,as una-
nimously approved in the amount of $62,000, subject to clarification
of the budget for the event by the applicant.
In response to Commissioner Constantine, Mr. Smykowskt explained
that the Naples National Golf Club, Inc. has secured some sponsors
but the event does not have complete sponsorship.
In response to Commissioner Volpe, Mr. Smykowskt stated that the
application meets all requirements established by the TDC and the
applicant is aware that if the event generates a proflit, the Golf Club
will be required to return dollar for dollar.
Co~telloner Norris moved, seconded by Co~atsstoner Natth~s and
c&rrted unanimously, to approve the Grant Application ~ub~ttted by the
l~pl~ National ~olf Club, Inc. for tourist tax funding in the, Tourism
~rant Program.
(1022)
~ORE ORDER ~CEC-1 FOR PROFES!IIONAL SERVICES FOR FIELD SURVEY AND
AERIAL PHOTO~]tAFHY SERVICES AWARDED TO COASTAL K~GINEERINQ IN THE
AI~OUNT OF 842,8?5 AS A PR!:LIHINARY STEP IN THE DESIGN AND PERHITTING
OF TH~ FOUR LANING OF GOLDEN GATE BOULEVARD FROM C.R. 951 RUNTlING EAST
APP~OX~TELY 5 1/4 MILES TO 2ND STREET N.E. (O~E BLOCK PAST WILSON
BOULEVARD) - APPROVED
Conunlsstoner Volpe stated that this project is geared for
1996/1997 and within the five (5) year work program there Is a
$1~0,000 expenditure for surveying and aerial photography and
questioned if this request meets the criteria for funding this year.
Tom Conracode, Office of Capital Project Management Director,
'clarified that $150,000 in ca, try forwards is allocated for this pro-
Pa{le 39
March l, 1994
~ect but this work order is for approximately $43,000'. Mr. Conrecode
explained that the work order does not meet the criteria for gas tax
allocations. Mr. Conrecode stated that the survey and aerial work
must be completed so that Staff can begin the in-house design.
Commissioner Volpe moved, seconded by Commissioner Matthews and
cmrr~ed 4/0 (Comm~seloner Norr~ out) to award Work Order #CEC-! for
profemm~onml services for field survey and aerial photography services
to Co4~tml Kngineerlng in the amount of $42,8?5.
Page 40
March 1, 1994
ltn#10A
~$OLUTION 94-136 R~ ZSTJ~LISHING aUIDgLiNES FOR R~CEIVIII~
I~ECOVO~EIIDATIONS FOR AP~I~ 0F ~ERS T0 ADVISORY CO~I~EES
Commissioner Constantine stated that 41 days are allocated to each
advisory board to return recommendations to the Board of County
Commissioners for appointment of members, except the quasi-Judicial
boards that are not requested to make a recommendation.
Administrative Assistant to the Board Ftlson questloned if Staff
is to continue to review and categorize the applicants Into area of
expertise and assure that applicants are licensed and minimum position
requirements are met? Commissioner Constantine replied in the affir-
mative.
Co~aleotoner Constantine uoved, seconded by 0omateeloner Matthews
and carried unaniBously, that all Advisory Boards, with the exception
of (l~a~t-Judicial Boards, make recommendations for appointment of
beta for Board of County Commissioners review, thereby adopting
Re~olutton 94-136.
Page 41
~arch 1, 1994
RESOLUTION 94-137 ~POINTIN~ DONALD YORK TO THI COLLIIR COUNTY
P~I~ COt~ISSION - ADOPT[:D
Upon selection of a member for appointment to the Collier County
Planning Commission, Cou~s~ioner Volpe moved, seconded by
Comimatoner Constantine Imd carried unanimously, that Donald York be
mpl~ointe~ as the representative from District 2 to fulfill the term
mxptrtn~ October 1, 1996 vacated by Franklin B~cer, thereby adopting
Re~olutlon 94-137.
Page 42
March 1, 1994
Ita#12Cl
'- R~qUEST FOR AM~NIX~NT TO COLLIER COUNTY ORDINANCE NO. 91-10, AS
AI~NDED, (TR~ ~ODUCTIVI~' CO~I~EE ORDIN~CE) BY PROVIDING FOR THE
C~TION OF ~E CO~ GO~:~ PRODUCTIVI~ SUB-CO~ITTEE
V~OUS S~Y CO~I~EES THEREUNDER - COU~ ATTORNEY'S OFFICE TO
D~ ~SOLUTION C~TING A TASK FORCE TO BE PRESE~ED TO THE BO~D AT
~E ~CH 8, 1994 ~ETING
Commissioner Matthews stated that the Board of County
Commissioners approved the formation of a subcommittee for the
Productivity Committee and through meetings with the Productivity
Committee, has accepted Its recommendations for structuring the
subcommlttee.
Commissioner Constantine questloned the merit behind creating a
subcommittee rather than a separate committee?
Commissioner Matthews responded that she requested a task force
for a duration of two to three (2-3) years but: the Board of County
Co~missioners approved a subcommittee.
Commissioner Saunders stated that Collier County has 41 advisory
boards and the number stays the same by creating a subcommittee.
Commissioner Constantine stated that the Vice Chairman of the
Board of County Commissioners is recommended as serving on the subcom-
mittee but it should be open for any Board member.
Commissioner Volpe stated that the Chair typically appoints a
member to committees.
County Attorney Cuyler stated that ad-hoc committees are normally
for a duration of one (1) year but the resolution can reflect a longer
duration.
The following person spoke on this item.
Bill Neron
Commissioner Matthews moved, seconded by Co~1tsslonsr Saunders Lnd
carried ~nlmovsl¥, that Ordinance 91-10 not 1~ amended and the
County Attorney's Office d=aft a resolution cremating a task force for
revle~ It the March 8, 1994 s~etlng.
Commissioner Matthews volunteered to serve on the task force.
(1580)
Page 43
March l, 1994
]~TION TO ADOPT CERTAIN AJ(~]TDM~NTS TO THE COLLIER COUNTY CABLE
T~$IO~ FRAnChISE ORDINANCE PROVIDING FOR ~~ TO DI~FINITIONS,
~DI~ ~R ~DI~ICATI0~ OF ~CHISE PROVISIONS, PROVIDIN~ FOR
~DIPICATION OF LIQUIDATED D~GES PROVISIONS, PROVIDING FOR
TO CO~ ~O~ION PROVISIONS ~ PROVIDING FOR ~TE REGU~TION -
T~ ~IL ~CH 8, 1994 MEETING
Jennifer Edwards, Assistant to the County Manager, stated that she
addressing, for clarification purposes, the FCC standards, customer
service standards and other amendments to the Collier County Cable
Television Franchise Ordinance. She explained that two (2) weeks ago
the Board of County Commissioners directed Staff to meet with cable
operators to reach an agreement on the customer service standards and
an agreement has been reached except on the is:sue of enforcement of
the standards.
Ms. Edwards stated that on Item 3.2, Standard Installations, of
the proposed customer ser,/lc,m regulations, Staff is recommending the
addition of a clause wher~ the operator will be able to obtain a per-
mit before the Standard takei~ affect.
Me. Edwards stated that Item 2.4, Non-standard Installation, is to
include wording relative to availability of equipment within a reason-
able time.
~s. Edwards explained that Item 2.6, Appointment ~lndows. under
the section on Violations, i~ to exclude customer fault cause, i.e.
television is not plugged in, remote control batteries are d~ad, etc.
In response to Commissioner Constantine, Ms. Edwards explained
that the operator will determine if the problem with service is the
customer's fault.
~' Commissioner Constantine questioned who will arbitrate a problem
~i.~ if the customer and the operator disagree?
Me. Edwards stated that the relationship with the operators has
been that they are reasonable. She explained that she met with Cable
Vision, Industries (CVI) prior to this meeting and it opposes any type
of enforcement standards.
Commissioner Constantine stated that standards should not be
created tf they are not enforceable.
Page 44
March 1, ~994
Ms. Edwards stated that the changes are designed for future as
well as current operators.
Commissioner Volpe stated that a record of complaints is kept and
at the time of franchise renewal, the record is checked for customer
{i~ . complaints.
Commissioner Constantine pointed out that the franchise may be for
15 years and there is no way to enforce the standards until Time for
the franchise to be renewed.
Ms. Edwards stated that this is Collier County's opportunity to
establish and enforce standards; records will be kept regarding dif-
ferences between customers and operators and the Board of County
Commissioners can propose arbitration if a problem arises.
Heidi Ashton, Assistant County Attorney, stated that the FCC stan-
dards have been adopted by resolution and noted these chanqes are an
attempt to clarify the standards and only one item is more restrictive
than the FCC standard. She explained that under the Collier County
ordinance there is a mechanism to enforce the standards, such as ser-
vice interruption, through pro rata rebates.
Commissioner Constantine questioned what the mechanisms are for
enforcement of the rebates?
In response to County Manager Dotrill, Ms. Ashton stated that the
County has no police powers for enforcing rebates or bringing opera-
tots before the Code Enforcement Board. She explained that under the
current Ordinance, provisions for customer service standards are
included in the liquidated damages section so that if the rebates are
not being made as determined by the County Manager's Office, the
County Manager can submit a Notice of Intent to Assess to the cable
operator indicating that they are failing to comply with rebates or
refunds. Ms. Ashton explained that the cable operator can then
request a hearing before tht~ Board of County Commissioners and it
becomes a matter of proof.
Commissioner Constantint~ stated that an effort to bring cable
~ television rates down has evolved into a seven (7) step process before
77
Page 45
~arch 1, 1994
anything can be accomplished if a cable operator and a customer
disagree over a $10.00 rebate. He pointed out that Staff time and
taxpayer money is being wasted.
County Manager Dorrlll stated that failure to pay an asses~ment
for l~quidated damages on appeal to the Board of County Commissioners
will necessitate obtaining a court order establishing the fine.
Ms. Ashton stated that the ultimate police power will be refusal
to renew the franchise if recurred violations have not been satisfied.
Commissioner Volpe stated that the Board of County Commissioners
has adopted customer servicE: standards for cablevision already and
these proposed regulations are not more restrictive and there is no
enforcement mechanism. Commissioner Volpe pointed out that the only
other franchisee in Collier County is waste collection and its
agreement addresses customer complaints so there is a mechanism to be
worked through.
Commissioner Norris pointed out that protecting the consume~' is
important but the FCC has set standards and those are the standards by
which Collier County should abide, and not set stricter standards.
Commissioner Volpe pointed out that there is no enforcement of the
FGC standards.
Ms. Edwards pointed out that the Solid Waste Agreement is only
five (5) years old whereas the Cable Franchise Agreement is 27 years
old. She explained that other communities working with more current
franchise agreements contain the kind of standards included ~n the
proposed regulations for penalties and liquidated damages.
Commissioner Constantine pointed out that the Board of County
Gommlssioners' role is the health, safety and welfare of the community
a~d this does not fall under those categories. He stated that some of
the requirements are silly, especially when there is no way to enforce
them, and when controlling rates is what the public is clamortng for.
Commissioner Constantine explained that the Staff time and ta;:payer
money expended to enforce the proposed regulations will result in
higher rates by the cablevision franchises.
~00~ I]~()~ 78'
Page 46
March 1, 1994
Ms. Edwards stated that the County has the opportunity to regulate
both rates and customer service standards and what the proposed regu-
lations accomplish is a clearer definition of what the County is
enforcing.
Commissioner Norris pointed out that the County should not be
telliDg a cablevision company the hours it can operate.
Ms. Edwards stated that Colony Cablevision is in agreement with
the proposed regulations wherein CVI is against enforcement.
Ken Fuchs of Colony Cablevision stated that this company is sup-
portive of the FCC standards as adopted and of the proposed changes
which should not have a negative affect on customer rates.
In response to Commissioner Saunders, Ms. Edwards informed the
Board that the advisory board has reviewed and is In agreement with
the proposed rule amendments.
John Craig, General Manager of Cable Vision Industries, stated
that CVI had 2,000 subscribers in 1984 and there are 16,000 subscri-
bers today. Mr. Craig explained that CVI had more stringent regula-
tions in affect for customer service than those adopted by the FCC.
He stated that by these proposed additional restrictions, it appears
that CVI has been operating incorrectly for the past ten (10) years
when it has not received criticism from the County. Mr. Craig
explained that more restrictions, i.e. debatable violations, will
prohibit Investing capital dollars for future use and expansion of
services. Mr. Craig stated that he prefers to resolve complaints
In-house and at the time of franchise renewal, the County should
Investigate how many complaints have been brought against a conapany.
''' &t this time Recording Secretary Metz replaced Recordln~ Secretary
The following people spoke on the subject.
Ron Pure
:..., Chester Dobeck
~ ' John J. Keschl
,Tape e~
· !', William Gaston
~;., Brad Estes
~":' Frances C. Barsh
In response to Commissioner Constanttne,s inquiry regarding the
minimal cost involved to adopt the Amended Ordinance and enforce the
Page 47
March I, ]994
Adopted Consumer Protection Standards, Ms. Edwards replied that there
will not be any incremental costs, however, there may be some costs
involved to attend training ~3essions and to purchase manuals and hand-
books from the FCC. She pointed out that Staff is requesting that the
Board authorize a Budget Amendment for $2,500 to cover these costs.
In response to Commis[~ioner Constantine, Ms. Edwards explained
that the application fee for new franchisees is set at $]0,000 instead
of up to $10,000 in order to set a standard. She further stated that
$10,000 is what has been charged in the past.
Commissioner Volpe asked if there should be a d~fferentiation in
the fee on renewals, to which Mr. Fuchs responded that the renewals
deal with a known entity, and that Involves about half the time and
cost involved in the research process required for new applicants.
Ms. Edwards agreed, howev~r, she pointed out that the agre~ment
with the current operators is 30 years old, and there have been many
changes and technological .advances that mus~ be d~a]t with. She
stated that it should be kept in mind that it is going to require con-
sultant time to develop ne~ franchise agreements before considering a
~eduction in the fee.
Co~tssioner Saunders ~;ug~ested that Section 3.7 regarding the
te~ms of the franchise be (:hanged to a term no longer than 10 years,
· .~d that the renewal will be for a period not to exceed 10 years; and
that the renewal fees under Section 3.4A be changed to $5,000, pro-
~lding ~he evaluation costs do not exceed $5,000, in which case
there will be an additional le,/y of up to $5,000 to cover those costs,
with a cap of $10,000.
M~. Ft~chs declared that th~ entire paragraph under Gross Revenues
~$ectlon 2.~6, has been re-w~it~en to broaden the categories of revenue
that iS eligible for franchfse fees to approxfmately 300% greater than
originally written.
Commissioner Volpe clarified that Gross Revenue, for uniformity,
iS determined by what the Cable Act defines as Gross Revenue, however,
the definition in Section 2.16 Is not consistent with the Cable Act.
Page 48
March l, 1994
Ms. Ashton responded that the definition in Section 2.16 was
recommended by the Cable Consultant with minor amendments to include
current technology, and to her knowledge it Js legally permissible.
Mr. Fuchs pointed out that the language in this ordinance is above
and beyond any Cable Ordinance he has ever seen, to include
Intangibles, which is unfair and difficult to administer and account
for.
Co~missioner Matthews stated that barter ttez~s are being taken and
made subject to a franchise fee.
Mr. Fuchs agreed and disclosed that in addition, a variety of
other non-customer related items, such as production time, and dollars
paid to the company that have nothing to do with customary cable ser-
vices are included.
Commissioner Saunders a~ked Mr. Fuchs If he has concerns other
than Gross Revenues and the Items Just reviewed regarding the
ordinance to which Mr Fuchs referred to his letter of February 14
1994, to Ms. Edwards which fully addresses his concerns.
Respondlng to Commissioner Volpe's Inquiry, Mr. Fuchs stated that
Staff recommends monthly versus quarterly Franchise Fee payments
because currently the Fees are paid annually. He advised that quar-
terly payments are customary In the Industry.
Mr. Fuchs agreed with Commissioner Vo]pe that the recommended
changes do not affect existing licenses that are currently providing service to
the County.
Mr. Fuchs Informed the Board that regarding Gross Revenues,
several categories are not understandable and will need further clari-
fication in order to determine the dollar impact from Franchise Fees
paid to the County
A discussion ensued regarding the deflnltlon of "Gross Revenues"
Mr. Brad Estes recalled that the Gross Revenue definition, as
agreed upon when he entered the Franchise Agreement, did not Include
some of the items listed in the new ordinance, and therefore,
suggested that these Issues be addressed at the time of renewal. He
Pa~e 49
March 1, 1994
further stated that he prefers annual payments; of franchise fees, but
he could agree to quarterly payments.
Mr. Fuchs added that he is comfortable with the definition of
Gross Revenue presented in the settlement between Palmer, Colony and
the County.
Ms. Ashton advised that the FCC recommends a five (§) y,:ar Term Of
Franchise. She communicated that it is very difficult to d,:ny a
renewal.
Commissioner Constantine closed the public hearing.
Co~missioner Saunders moved, seconded by Commissioner Matthews to
spprov~ the Ordinance Amending Collier County Ordinance 88-90 with the
following chants; the Franchise Fee will be a maximum of $20,000 for
s new &pplicmtion and $5,000 for a renewal with authorization for the
County to request an additional $5,000 to cover actual expenses; the
Franchise Fee Payments will be paid quarter/y; the original Franchise
Fees and the Renewal Fees will be for a maximum period of 10 years;
and the Definition of Gross Revenues in Section 2.26 will be the defi-
nitIon contained within the Colony, Palmer, Collier County Settlement,
providing there are no problems created by doing so.
Ms. Edwards commented that there are new technologies that should
be included in the definit~on of Gross Revenues.
Co~issioner Saunders asked that the vote on the motion be delayed
for one week giving Staff the opportunity to bring the thre~ (3) defi-
nitions of Gross Revenues before the Board.
Com~iseloner Norris moved, seconded by Commissioner Matthews and
carried unani~ouely, to table the issue for one week.
Commissioner Constantine directed Staff to report next ~eek if
anything will prohibit the Board from changing the Definition of Gross
Revenues in the future to meet the needs of changing technologies once
the definition has been agreed upon.
· ,o Recess 4:45 P.M. - Reconvened 4:58 P.M. ''"
Item
BOARD R~VIEW OF THE 800 MH:~ PUBLIC SAFETY COMM~3NICATIONS COmmITTEE
SYSTEM REQUIREMENTS - STAFF TO PREPARE REQUEST FOR PROPOSAL INCLUDING
LKASE OPTION, AND SHERIFF TO BE INCLUDED IN DOCUMENT REVIEW
Page 50
Ma~ch 1, 1994
Co~issioner Constantine recalled that the direction given pre-
wlousl¥ was for the County Manager and his Staff to work with the
Sherlff's Office and the Emergency Services Department to develop a
criteria needed for the 800 MHz System. He reported that there is
agreement regarding at least 80~ of the Items.
County Manager Dotrill revealed that his Staff met with the
Sheriff'~ Department, the Chairman of the Public Safety Communications
Committee, and ~htef Peterson, and that they are in full agreement with
at lea~t 80~ of the System Features. He pointed out that as a result
of that meeting, a Current System Overview is attached to the Change
~ist. The rationale for this, he said, is to identify and differen-
tiate between what exists now in terms of radio capability with the
existing VHF confi~n~ratt~n: what base 800 MHz features are contained
and available as part of the Counties Administrative System, for pur-
poses of comparison; determine and agree what is essential for 800
MHz, using the ABCO 16 architecture; and to acknowledge additional
features, coverages or goals that are desirable, but not essential
from a Public Safety standpoint, with the emphasis on Law Enforcement,
Fire and EMS.
Mr. Dotrill pointed out that there is some disagreement regarding
the availability of any system to be constructed in such a way as to
be accommodatin~ to both AnaloG and Digital Technologies. He
explained it is his understanding that the Board of County
Comm~ssioners would l~ke to reserve the right to take bids on an
e~ther/or basis, where an Analog system would have to be convertible
to Digital or be replaced at the expense of the vendor.
Mr. Dotrill revealed that the Shertff's Office retained a con-
sultant to prepare a Request for Proposal (RFP) which can be used as
the basis for the Purchas.ing Department to prepare a Request for
Proposal (RFP) by the end of the month. He disclosed that a
Pre-Proposal Conference has been scheduled for eligible vendors who
wish to compete for the project.
Sheriff Don Hunter disclosed that there ha:~ been some confusion in
Page
March 1, 1994
previous discussions regarding the Needs Assessment Survey and the
Performance Criteria, which is a more ~nclusive document addressing
some of the larger issues, such as coverage.
Sheriff Don Hunter divulged that the independent fire chiefs
recommended that a technical consultant be acquired to assist with the
undertaking.
Sheriff Hunter revealed that the resulting document has been fully
discussed with the Public Safety Committee, and that it represents a
lb/blOc Safety System that can work for the Police, Fire and EMS
Departments.
Commissioner Constantin~ reviewed the essential system f(~atures
prepared by County Manager Dartill and the essential requiren~ents that
the [~ublic Safety Committee provided, and noted that there are only
four (4) areas that seem to be in quest]os.
The following people spoke regarding the Issue.
Fire Chief Don Peterson Jerry Schuette
Jack Pointer Randall Evans
Responding to Commissioner Volpe, Commissioner Matthews advised
the Board that she will add,'ess The FCC regarding how the 27 channels
assigned to the County can be protected.
Cou]ssloner Vo]pe commented that It is the Countys' intent to
design a system that will utilize the 27 channels allocated to the
County, with the maxtmum cost effective use of simultaneous voice com-
launtcatton.
County Manager Dorrill reported that the 90%/90% receive/transmit por-
e&hie radio coverage of the County in medium density buildings is
essential in terms of coverage, and he would like to take an add alter-
nate bid for the 95%/95% coverage.
Coutssioner Constantine agreed the Board would like to look at
the cost for both the 90%/90% and the 95%/95% coverages.
CouIssIoner Volpe asked if medium density buildings include high
rise buildings? Chris Nlnd, Communications Director for the Sheriff's
Office replied that medium d~nsity does not include high rise
buildings, therefore, high d~nslty buildings which require coverage
Page 52
March 1, 1994
are Itemized in the Couuntcattons Committee document, as an annex, to
Insure coverage.
County Manager Dorrlll revealed that a two (2) year warranty with
an option for a third (3) year is recommended because the hand held
and portable radios are more susceptible to maintenance requirements,
and a one (1) year warranty may not be sufficient.
Gary Arnold, Emergency Management Coordinator explained that the
difference in Analog versus Digital Voice Technology is the voice
transmission. He disclosed That the Digital Standards have not been
finalized, but it will be forthcoming In the future. He suggested
that the vendors include ]n the bid how they intend to migrate the
County System into Digital Technology in the future.
County Manager Dotrill pointed out that migrating an Analog System
Into a Digital System is an add alternate for vendors to bid.
Mr. Nind contended that the EMS/Ftre paging ability listed under
desirable system requirements is in fact an essential requirement. He
explained that there is a need to page both EMS and Fire. He further
stated that every Individual does not have a radio, therefore, there
must be some form of paging; system.
County Manager Dorrill noted that the pa~tn~; system is not an
essential component of the 800 MHz system, however he is not opposed
to the vendors addressing the paging system as ~tn overall system
design.
Commissioner Constantine declared that the Board of County
Commissioners has not stated a preference of Simulcast over Multicast
Technology. He reported that the Board wants to establish the cri-
teria, and leave it open for whatever technology is available to meet
that criteria. He cautioned that the wording of the RFP does not eli-
mlnate any available technology,
County Manager Dorrtll disclosed that anyone intending to bid on
the project must attend a mandatory Pre-Proposal Conference. He
~nformed the Board that if ~he vendors are going to take exceptions or
request clarifications to the proposal document, they will be required
Page 53
March 1, 1994
to submit those concerns In writing to avoid disputes regarding the
Intent of the proposal.
In response to Commt~3sloner Volpe, County Manager Derrill
replied that Staff recommendi~ that the next step is pending the Boards
Amendments to the System Features List, and that Staff be directed to
prepare the final Request For Proposal (RFP.) through the Purchasing
Department. He suggested that Carlton Fields in Tampa be contacted to
review the document and to ai~sist with drafting the contract document.
Commissioner Constantine suggested that the Board give Mr. Camell
direction to create the Request For Proposal (RFP) and get it out in a
timely manner.
Sheriff Hunter requested that the Sheriff's Office continue to be
included in the document review process, to which Commissioner
Constantine replied in the affirmative.
Commissioner Norris moved that Mr. Camell b,s directed to create
the RFP in a timely manner; ~md that Sheriff Hun~er continue to be
included in the document review process.
Commissioner Saunders requested that regarding the motion, and the
development of a Request For Proposal (RFP), that the potential ven-
dors consider leasing a system to the County, and any other Innovative
financing alternatives available.
Cca~sieeioner Norris &mended his motion to Include that lea,sing
Information and other Innoval:ire financing alternatives be addressed
in the Request For Proposal (RFP).
Commissioner Constantine clarified the motion stating that
everything on the list under Essential System Features and Additional
Essential System Features wl].l be bid; that both 90%/90% and 95%/95%
receive/transmit portable radio coverage will be bid on; and that
there will be a two (2) year warranty with an optton for a third year
Included in the motion.
County Manager Derrill requested that the ability to make prelimi-
nary contact with Carton Fields be included in the motion.
Co~misstoner Norris concurred that the motion include the
Page 54
Hatch !~ 2994
Upon call for the question on the floor, the ~otton carried
(oo ) .
Xte~ #14B
C]~AI'I~A~TO FOI~MARD LETTH~ TO DEPUTT SECRETARY OF JUVENILE JUSTICE AT
~ (]I[BEHALF OF THE BOARD P~: BOOT CAMP DECISION
Comslmstoner Constantine stated that he received a request fron
the Shsrlff's Offtce to forward a letter to Deputy Secretary Of
':Juvenile Justice at HRS regarding the Board's decision on the Boot
. Ca~p. He advised that he will forward a letter in this regard.
8?
Pagv 5~
,X~I ,140
March 1, 1994
A discussion ensued relating to the Agriculture Center.
Comlisaloner Matthe~ couunlcated that when Porter Oose needs local
slipport he will contact the Board of County Co--Isslonera and advise
(030)
:ml ,24D
Cl~tI]~l~11 TO FORMJL~D L~fZi~ TO FCC AUTHORIZING CO!~rISSZ01~]~ NATTHX~J TO
a lW3~I~IT~ BOJL~D OF COPlfISSXOIXIL~
The Board agreed that the Chairsan will for~ard a letter to the
YCC authorizing Coutssloner Matthews to represent the Board of County
Coulssioners regarding the 800 HHz System.
(040)
Co=-lssloner Constantine revealed that the construction of the new
~S' turn cormacting Santa Barbara Boulevard and Logan cuts through a
residentlilly zoned Golden Gate Estates area. He reported that the
neighborhood Is very upset because all the residents In the area did
not receive formal notification of the blasting, and those who were
notified, received notification last Friday.
Co~tssloner Constantine stated that the notification process for
dynuiting needs to be reviewed. He pointed out that families within
a quarter of a mile should be notified of the blasting, and that the
notification needs to be more than a three (3) day notice.
County Nanager Dotrill Indicated that the provisions in the Land
Development Code within the Excavation Ordinance regarding blasting
requirements can be brought before the Board for raytaw within the
next 3-4 weeks.
(OSO)
~XSCUSSXO~ff.K: i~LXCAMItlLRSH TO B~ H'EAR~ P.A.RC'H l~, 1094
89
Page 56
March 1, 1994
County Manager Dotrill stated that the Pelican Marsh Golf Course
has net all the requiresants as part of their Advance Work Authoriza-
tion, and the plat has been approved but not recorded resulting from
an tssue between Pelican Marsh and the adjoining property o~ner. He
declared that the petitioner ts asking for the opportunity to amend
the Advance Work Authorization. He noted that March 15, 1994 is the
soonest this Item can be scheduled to be heard before the Board of
County Com~tsstoners. Mr. Dotrill requested that the private use of
the facility be granted in th~ interim, until the Board can hear the
l~ubltc Petition on March 15th.
$e$ ~s~o~ ~a~ndare moved, seconded t~/Con~sm~onerMatthew~
~ the ¢on~ent agenda be approved and/or adopted:
/CIrCUlaTION 94-1~T ACKNOWLKDGIN~ THE RESUBDIVISION OF TRACT ?6, A
I~3RTION OF A PREVIOUSL~ XZCORDED PLAT KNOWN AS ~OLDEN GAT~ ESTATES
UNIT ~O. 6
]L~SOLUTION 94-118 A~Z~ING ~g ~S~DIVISION 0F ~ 123, A
~I~ ~ A ~IOUZLY ~CO~D P~T ~ ~ ~OLD~ ~A~ ESTATES
~T ~. 195 ·
~'. Zte~ ~26A4
i~i ~SC~,~TION g4-120 ACKNOMLL'DGING A LOT LINE ~S~ 0Y LOTS 5, 6,
,~ ~ 7, ~ 47, A ~ION 0F A ~IOUSLY ~CO~D ~T ~0~ ~
s,. P.g..
HE~4~]TZON 94-221 AC]CROMLKDGIRG A TOT LINE ADJUSTMENT 0X LOT G8 AND A
IKIRTION OF TRACT 'A', A PORTION OF A PREVIOUSLY RECORDED PLAT KNOWN AS
GOLF OOT'fAGE~ AT WIr!IDEMF~E, PHASE ZII
See Page8
Page 57
March I, 1994
J~E~UTI0~ g&-122 ACENO~LED~ING A LOT LINE ADJUSTI(KNT OF LOTS ! AND
10, B~)CE 1T4, A PONTION OF A PRL~IOUSL¥ RECORDED PLAT ~NO~N AS MARCO
KESOLOTION 94-123 AC~NOWLED~IN(~ A LOT LINE ADJUSTMENT OF LOTS 1 AND
2, A I~ltTION OF A PI~VIOUSLY RECORDED FLAT KNOW~ AS VI~ETARDS ARBOR
04-224 ACJOIOffT.,EDaIB'a A LOT LINE ADJUSTM~T OF LOTS 28 A~D
PORTION OF A PREVIOUSLY R~CORDKD PLAT KNOWN AS SAN RAPHAEL
Item ~16A0
s..p.g..... //J-//4t
!
~ JI/SOLOTZON 94-120 ACJ~OWLEDGIXG A LOT LINE ADJUSTMENT 0Y LOTS 23, 24
;, A~D 20, A I~ItTION OF A I~tEVIOUSLY KECORDKD PLAT ~ ~ ~S~ AT
See Pages. //'~--° //6
RESOLOTION 9¢-226 ACEN~ING A ~T LI~ ~S~ 0N ~S 25 ~
26, A ~ ~ A ~~SLY ~O~ ~T ~ ~ S~ ~L
See Pages.
//?-
:Item #IJall
ACC~T~ OF NATERAND SEWer FACILITIES FOR TOLLGATE C0~9~RCIAL,
PHA~ ZI! - WITH THE STIPULATIONS AS LISTED IN TH~ EXECUTIVE SDI~ARY
Item ~16&12
See Pages,
DOCUNENTATIOR NOT IECEIVED AS OF MAY 9, 1994
· K~3T. OTI~ 94-127 ACENOMLED(]ING THE RESUBDIVISIO)I OF TRACT 103, A
PO~TI~ OF & Fl~VlOUSLY RECORDED PLAT KNOW~ AS GOLDEN GATE ESTATES
See Pages
/a/-
.o, §1
Page 58
J13~f~T. lTTZOg 94-]S2 A~THORIZING THE ACC~PTARCE OF 'TOLLGATE CCgqIqH~CIAL
GI31TI~, IPffAJg TillS' AJID AUTHORIZING PIqELIMINARY ACCEPTAWCK OF Tu~
~OAJ:~lA~', D~AI'~M~, MAT~:R AJID S~le~R IKPR~; ~ ACCgFTING THE
Z~OC&B~ ~ OY CREDIT F~OH ~ DL~rf~P~R FOR I~AZR'I'~J~AJIC~ OF TI~
~ FOR A I~XI~ OF O)[g ~ - NIT~ TI~ STIPUT~tT~ORS AS
PARAGRAP~ FIVE OF R~SOLI3TZOII 94-618 TO
IN TJlZ LEGAL DESCRIPTIOH FOR
FOR !~01~3~TY DESC"RISHD A~ GOLDEN GATE
17
'* %tl ~IUl - Mg~e~4 to Item ,8B2
Zt~ ~ - ~ to zt~ ~IB3
Ztt ~16D2
~I~TI~FJI~'"TIO~N OF Jlq2TZCE OF I~ROMISE TO PAY AND AaRZKMI3FT TO KXTKND
FA~ O~ ~ I~I~&CT ~ FOR KAY R. HIT, E, ARD ~ ~ DZA]fA TRYON
See Pages
Page 59
March 1, !994
BID ~4-,22 St
~ ~ COIITROL DISTRICT GRJOIT R~QUEST FOR A 50 F~tCKNT
3[tom
See Pages
RZ~3LOl~C~ 94-134 AUT~0RZZI~G ~ ~X:ECUTZ011JLRD ACCEFTA~C~ 0F AJ~
T~ A~o~rfo~ $70,274
See Pages
Item
BID d~21S0
~ ~ ~ ~~, ~.' l~ ~ ~ 0F 885,320
' Its J/14~ - IlsFad to ltn J8~4
Itet HI - hieted
· TXL~-SON!3~ CO~fl~UCTXON,
RADIO ROAD FOUR LAIDZIG
$5,300 - MITH TIlE STIPU~qTI~ A~ LI~D IN
Sea Pages /~"' /'~"
FORMIL BID PROCI~$ MAIVXD; AMAJ~D 0Y A SOLE SOURCE I:~OCURD(Z]FT 0Y AR
AT&T D~FII'ITT TKLI:FHOWE STSTK~ FOR TI~ ~ ZIMOKALKK IXKRGI31CY
~. SI::RVZCZ:~ CI:FFI:R II THI ~ OF $~0,f5~3.05
See Pages
Page 60
.' II[~~ COR]I~I:~)llDE]I'C~ - FILED AJgD/ORREFKRRED
March 1, 1994
The following slscellaneoue correspondence was flied and or
referred ae presented by the Board of County Co~mieslonere:
~o~ I)00,,~ 94
Page
Hatch 1, 1994
11:13KY~ATZC)IS ~O ~ GOLDI:11 G&/"E ~O~5'TA?ZO~ ~!1 ~ AJ, IOO'JI'T OF $2,200
There being no further bueJnema for the Good of the County, the
~eet~ng ~&s adjourned by Order of the Chalr - ?1he= 5=50 P.M.
BOARD OF COTJ~TY CO!~4ISSZONKRS
BOARD OF ZONING APPEALS/~X
OFFICIO GOVERNING BOARD(S) OF
SPECIAL~D~&~TRICTS UNDER ITS
ao preaented
approved by the ~oard on /~}l .... ~,/~/'
or as corrected
Page 62