BCC Minutes 06/26/2001 RJune 26, 2001
TRANSCRIPT OF THE MEETING OF THE
BOARD OF COUNTY COMMISSIONERS
Naples, Florida, June 26, 2001
LET IT BE REMEMBERED, that the Board of County
Commissioners in and for the County of Collier, and also acting as
the Board of Zoning Appeals and as the governing board(s) of such
special districts as have been created according to law and having
conducted business herein, met on this date at 9:07 a.m. in
REGULAR SESSION in Building "F" of the Government
Complex, Naples, Florida, with the following members present:
CHAIRMAN:
James D. Carter, Ph.D.
Jim Coletta
Pamela S. Mac'Kie
Tom Henning
ABSENT:
Donna Fiala
ALSO PRESENT:
Tom Olliff, County Manager
David Weigel, County Attorney
John Dunnuck, Community Development
Thomas Storrar, Emergency Services
Page 1
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA
June 26, 2001
NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER
PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER
PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED.
COLLIER COUNTY ORDINANCE NO. 99-22 REQUIRES THAT ALL LOBBYISTS SHALL,
BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED
TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE
CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT.
REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS
AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY
MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE
HEARD UNDER "PUBLIC PETITIONS".
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A
RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY
NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE,
WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE
APPEAL IS TO BE BASED.
ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5) MINUTES UNLESS
PERMISSION FOR ADDITIONAL TIME IS GRANTED BY THE CHAIRMAN.
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN
ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO
YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE
COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST
TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (941) 774-8380; ASSISTED LISTENING
DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY
COMMISSIONERS' OFFICE.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M.
1
June 26, 2001
INVOCATION AND PLEDGE OF ALLEGIANCE
A. Pastor Hayes Wicker, First Baptist Church of Naples
AGENDA AND MINUTES
A. Approval of today's regular, consent and summary agenda as amended
B. June 5, 2001 - Workshop Meeting
C. June 6, 2001 - Special Meeting
PROCLAMATIONS
A. Proclamation to recognize the Collier County Sheriff's Office Senior Services Unit
as the "2001 Golden Appreciation Helen K. Fallert Award Recipient". To be
accepted by Sgt. Rosa White and/or Sgt. Mike Wittenberg.
SERVICE AWARDS
A. Five Year Award:
1) Joel Fernandez, Transportation
B. Ten Year Award:
1) Elizabeth Nagengast, Library
C. Fifteen Year Award:
1) Ann Marie Saylor, Public Utilities
D. Twenty Year Award:
1) Diane Flagg, Emergency Services
2) Millie Kelley, Wastewater Laboratory
PRESENTATIONS
A. Report from Ideas Team on Martin County visit.
PUBLIC PETITIONS AND COMMENTS ON GENERAL TOPICS
A. Mr. Herb Luntz regarding 4th of July Parade.
B. Presentation from Mr. Ronald Scott, Past President of Collier County Veteran
Council.
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June 26, 2001
Mr. Mike Davis requesting Board of County Commissioners consideration for the
creation of an MSTU for roadway improvements for Arnold and Mercantile
Avenues.
Mr. Mike Volpe speaking on behalf of Mr. Keith Basik requesting a private road
entrance off Goodlette-Frank Road.
Request by Mr. James Carr to have the Board of County Commissioners
consider waiving impact fees for a guest house located at 681 15th Street SW.
Request by Mr. William L. Hoover on behalf of Mr. Larry Gode to have the BCC
consider granting credit for previously paid application fees and reapplying for a
standard rezoning.
Ms. Cheryle L. Newman requesting an interpretation by the Board of County
Commissioners regarding "Outside Storage" in C4 Zoned areas.
H. Public Comment on General Topic.
BOARD OF ZONING APPEALS
This item requires that all participants be sworn in and ex parte disclosure
be provided by Commission members. Petition RZ-2001-AR-451, Walter H.
Rascher, Jr. and Lisa J. Rascher representing Ester and Francis Rascher,
requesting a rezone from its current zoning classification of "A" Rural Agricultural
to "RSF-3" Residential Single Family District. The subject property is located on
the North side of Polly Avenue approximately one half a mile North of
Rattlesnake Hammock Road in Section 16, Township 50 South, Range 26 East,
Collier County, Florida. This site consists of 4.55 acres. (Chahram
Badamtchian, Planning Services Department)
This item requires that all participants be sworn in and ex parte disclosure
be provided by Commission members. VA-2001-AR-584, Ruth B. Williams,
Architect, representing Carole L. Mendelsohn, requesting a 2-foot variance from
the required 20-foot side yard setback on the East side to 18 feet for property
located at 4388 Butterfly Orchid Lane, further described as Lot 10, Block D, Quail
Creek Unit One, in Section 17, Township 48 South, Range 26 East, Collier
County, Florida. (Fred Reischl, Planning Services Department)
ADVERTISED PUBLIC HEARINGS
Request that the Board of County Commissioners adopt an Ordinance to amend
Ordinance No. 99-67 which established the Mediterra South Community
Development District (CDD), adding approximately 210 acres to the existing
boundaries of the Mediterra South CDD. (Stan Litsinger, Comprehensive
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June 26, 2001
10.
Planning Manager)
Recommendation to amend the Collier County Animal Control Ordinance. (Leo
Ochs, Public Services Administrator)
Recommendation that the Board of County Commissioners approve the attached
ordinances creating three new Horizon Committees for Health and Human
Services, Community CharactedSmart Growth, and Workforce Housing. (Tom
Olliff, County Manager)
BOARD OF COUNTY COMMISSIONERS
Appointment of members to the Golden Gate Estates Master Plan Ad Hoc
Committee. (Sue Filson, Administrative Assistant to BCC)
Appointment of member to the Hispanic Affairs Advisory Board. (Sue Filson,
Administrative Assistant to BCC)
Appointment of members to the Black Affairs Advisory Board. (Sue Filson,
Administrative Assistant to BCC)
COUNTY MANAGER'S REPORT
Adopt Resolution naming an artificial reef in Honor of Sgt. Jeff Klein. (John
Dunnuck, Interim Community Development Administrator)
Request for policy direction regarding the use of State Housing Initiative
Partnership (SHIP) Funds. (Greg Mihalic, HUI Director)
This item has been deleted.
Approve agreement for sale and purchase of 229 +/- acres of land in Collier
County in conjunction with the District School Board of Collier County for
construction of a county park on 129 +/- acre site. (Maria Ramsey, Parks and
Recreation Director)
Report on Request for Additional Information (RFAI) for long-term and
complementary Solid Waste Assessment for Collier County. (Jim Mudd, Public
Utilities Administrator)
This item has been deleted.
Staff review and recommendations relative to Ordinance No. 91-31, as amended,
also known as the Waterford Estates PUD, which, according to the required PUD
status report submitted by the property owner/agent, has not commenced
construction, as defined in Section 2.7.3.4 of the Collier County Land
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June 26, 2001
11.
12.
13.
14.
15.
Development Code, resulting in several possible courses of action for the Board
of County Commissioners to consider. (Susan Murray, Current Planning
Manager)
AIRPORT AUTHORITY
COUNTY ATTORNEY'S REPORT
Reimbursement of filing fees to candidates for the Pelican Bay Services District
Board of Supervisors. (David Weigel, County Attorney)
Oral report on status of Miller Boulevard Extension Litigation - Marshall v. Collier
County, Case No. 99-2009-CA, now pending in the Circuit Court for Collier
County, Florida, and recommendation that the Board postpone consideration of
settlement until July 31,2001. (David Weigel, County Attorney)
OTHER CONSTITUTIONAL OFFICERS
Request Board approval for expenditures for renovations to 2373 Horseshoe
Drive and Building J. (Don Hunter, Sheriff)
STAFF AND COMMISSION GENERAL COMMUNICATIONS
FUTURE AGENDAS
m m mm m m mm m mm m mm m mm m mm m m mm ! ! ! ! m m m mm mm m m mm m m mm m mm m m m mm mm mm! m mm! m mm m mm m m mm m mm m m m m mm! ! ! m m mm ! ! m m mm mm ! mm! m ! m m mm ! m ! ! m ! m m m m m m m m m m m m mm m m
16. CONSENT AGENDA - All matters listed under this item are considered to be
routine and action will be taken by one motion without separate discussion of
each item. If discussion is desired by a member of the Board, that item(s) will be
removed from the Consent Agenda and considered separately.
A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1)
Request by the Florida Finance Corporation for approval of a Resolution
authorizing the corporation to issue Industrial Development Revenue
Bonds to be used to finance a manufacturing facility within Collier County
on behalf of Air Technology Engine, Incorporated.
2)
Request to approve for recording the final plat of "Cedar Hammock-Unit 4"
and approval of the standard form construction and maintenance
agreement and approval of the amount of the performance security.
3)
Request to approve for recording the final plat of "Quail West Phase III,
Unit Three" and approval of the standard form construction and
maintenance agreement and approval of the amount of the performance
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June 26, 2001
4)
5)
6)
7)
8)
9)
10)
11)
13)
14)
15)
security.
Final acceptance of Water Utility Facilities for Charleston Square.
Request by the Salvation Army to allow under a temporary use permit the
retention of a tent structure for a period of more than 28 calendar pursuant
to Section 2.6.33.6 of the LDC on property referred to as 3180 Estey
Avenue.
Request that the Board of County Commissioners set a public hearing
date for February 12, 2002 for consideration of a Development of Regional
Impact Development Order for Petition DRI-2000-01, Heritage Bay located
in Sections 13, 14, 23 and 24, Township 48 South, Range 26 East Collier
County, Florida.
Request to approve for recording the final plat of "Classics Plantation
Estates, Phase 1" and approval of the Standard Form Construction and
Maintenance Agreement and approval of the amount of the performance
security.
Request to approve for recording the final plat of "Regent Lake" and
approval of the Standard Form Construction and Maintenance Agreement
and approval of the amount of the performance security.
Request to approve for recording the final plat of "Mediterra Golf Course
Phase One".
Request to approve for recording the final plat of "Mediterra Golf Course
Phase Two".
Request to approve for recording the final plat of "Mediterra Golf Course
Phase Three".
This item has been deleted.
Request to approve for recording the final plat of "Sherwood Park Two"
Request to approve for recording the final plat of "Mediterra Parcel 112"
and approval of the Standard Form Construction and Maintenance
Agreement and approval of the amount of the performance
security/subject to stipulations.
Approve the Statutory Exchange of Public Property for Private Property
enabling the County to construct a parking facility to accommodate the
County's parking needs for its Horseshoe Drive Facilities.
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June 26, 2001
16)
Approve an Intergovernmental Agreement with the Department of
Environmental Protection to provide greater customer service relating to
environmental permitting.
17)
Recommendation that the Board of County Commissioners adopt
Resolution authorizing the Director of the Code Enforcement Department
to compromise and settle certain Code Enforcement liens and to execute
and record documents and to take certain acts necessary for the
implementation of this authority.
Staff review and recommendations relative to Ordinance No. 95-68, as
amended, also known as Airport Plaza PUD, which, according to the
required PUD status report submitted by the property owner/agent, has
not commenced construction, as defined in Section 2.7.3.4 of the Collier
County Land Development Code, resulting in several possible courses of
action for the Board of County Commissioners to consider.
19)
2001 Amended Tourism Agreement between Collier County and the
Marco Island Film Festival regarding the October 2001 Event.
2o)
Request to approve for recording the final plat of "Valencia Lakes Phase
2-A" and approval of the Standard Form Construction and Maintenance
Agreement and approval of the amount of the performance
security/subject to stipulations.
21)
Adoption of a Resolution establishing an Official Administrative
Procedures Manual for the Collier County consolidated Impact Fee
Ordinance. (Copies of the Administrative Procedures Manual are
available for viewing at Development Services Center, County Manager's
Office and the Office of Public Information.)
22)
Recommendation to approve criteria for establishing new district
boundaries for the Board of County Commissioners.
23)
Adopt Resolution acknowledging Collier County's Local Communications
Services Tax Conversion Rate set forth in Florida's Communications
Services Tax Simplification Law while opting to continue to locally collect
rights-of-way permit fees.
TRANSPORTATION SERVICES
1)
Resolution to establish a "No Parking" Zone along the Eastern Right-of-
Way of Spruce Street between US 41 (SR 90) and Washington Avenue as
platted in Inomah Subdivision, Plat Book 2, Page 82.
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June 26, 2001
2)
3)
4)
5)
6)
7)
8)
9)
A Resolution of the Collier County Board of County Commissioners
adopting the Disadvantaged Business Enterprise (DBE) Program.
Authorize staff to evaluate the opportunity for and if feasible develop a
plan for a Municipal Services Benefit and/or Taxing Unit for the
improvements to Whippoorwill Lane including the East/West connection to
Livingston Road.
Approve Work Order No. BRC-FT-01-05 with Better Roads Inc., for
intersection improvements at Collier Boulevard (CR 951) and Davis
Boulevard, Project No. 60016.
Approve Supplemental Agreement No. 9 for Professional Engineering
Services by Ch2Mhill for the construction of Pine Ridge Road/CR896
widening (six laning), from Airport-Pulling Road/CR31 to Logan Boulevard,
Project No. 60111; CIE No. 41.
Approve award of Bid #01-3222 for an annual contract for the sale of
mitigation credits to the County.
Approve Contract Amendment No. 1 for Professional Engineering
Services by Wilson Miller, Inc. for Pine Ridge Road widening from Airport
Road to Logan Boulevard, Construction Project No. 60111, CIE No. 41.
Approve Work Order No. BRC-FT-01-03 with Better Roads Inc. for
intersection improvements at Santa Barbara Boulevard and Golden Gate
Parkway, Project No. 60016.
Approve a contract with Big Cypress Mitigation Bank as Iow bidder for the
Livingston Road-North project wetland impacts, Collier County Project No.
65041.
Adopt a Resolution authorizing the acquisition by gift or purchase of
perpetual, non-exclusive road right-of-way, drainage, utility and
maintenance easements and perpetual, non-exclusive slope and utility
easements for the construction of roadway improvements for the Phase
One Whippoorwill Lane Project from Pine Ridge Road South a distance of
approximately one (1) mile (Project No. 60054).
Approve Developer Contribution Agreement with First Baptist Church for
road impact credits subject to developer complying with all conditions of
the agreement imposed by the County.
Adopt the Resolution amending the policy establishing the Collier County
Access Management System for arterial and collector roadways.
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June 26, 2001
C=
13)
Approve Cash Bond Agreement for the completion of the roadway
improvements for the South road as required by the Creekside Commerce
Park PUD with Creekside West, Inc.
14)
Recommendation that the Board of County Commissioners award Bid
#01-3239 for Pelican Bay Streetscape Irrigation System Phase I and II to
Collier Irrigation Service, Inc., and approve the Chairman to execute the
contract documents upon attorney review.
15)
Approve to replace the Paratransit Vehicle totaled in a collision on
November 23, 1999.
16)
Approve Cash Bond Agreement for the completion of the roadway
improvements for the South road as required by the Granada Shoppes
PUD with Ocean Boulevard Partnership I1.
17)
Report to the Board on the results of the Annual Countywide Traffic Signal
Warrant Study and Intersection Improvement Program.
18) 2002-2006 Update to the Public Transportation Development Plan (PTDI)
19)
A Resolution of the Collier County Board of County Commissioners
adopting the System Safety Program (SSPP) and approving the Drug
Free Workplace Policies for Transportation Disadvantaged and General
Public Transit System.
20)
Approve the Metropolitan Planning Organization (MPO) Budget for Grant
Year 2001-2001.
PUBLIC UTILITIES
1)
Board approval of Budget Amendment recognizing positive revenue
variance in the Pollution Control Fund (108).
2)
Acceptance of utility easement for the installation of a water main to
service the Naples Gateway PUD.
3)
Award RFP 00-3113 for the purchase of integrated utility billing software
system, authorize contract negotiations, and authorize the Chairman to
execute the contract.
4)
Approval and execution of Satisfactions of Notice of Promise to Pay and
Agreement to Extend Payment of Water and/or Sewer System Impact
Fees.
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June 26, 2001
5)
6)
7)
8)
9)
11)
12)
13)
14)
15)
16)
Waive Formal Competition and Approve the Purchase of 25 Remote
Transmitting Units from Data Flow Systems, Inc. for monitoring
Wastewater Lift Stations.
Approval of Budget Amendment for the North Regional Water Treatment
Facility Cost Center.
Approve contribution of $15,000 to the South Florida Water Management
District for a Master Plan Study for the lower West Coast Regional
Irrigation System.
Approve Work Order CDM-FT-01-02 for utility engineering services related
to improving wellfield reliability.
Award a contract to Mitchell and Stark Construction Company, Inc., to
upgrade the Pelican Bay Wellfield, Booser Station and Master Flow Meter,
Bid 01-3238, Project 74039.
Approval of Contract GC623 with the Florida Department of Environmental
Protection (FDEP).
Adopt a Resolution approving the Satisfaction of Liens for Solid Waste
Residential Accounts wherein the county has received payment and said
liens are satisfied in full for the 1996 Solid Waste Collection and Disposal
Services Special Assessments.
Approve a Budget Amendment of $55,600 to fund the 2001 Water,
Wastewater and Reuse Rate Study for Public Utilities.
Request approval of the Associated Budget Amendment for building
improvements and to correct safety issues for the Naples Landfill
Scalehouse.
Approve a construction work order for the relocation of water and sewer
mains related to the Florida Department of Transportations widening of
U.S. 41 from Rattlesnake Hammock Road to Barefoot Williams Road,
Projects 70045 and 73045.
Approve the Satisfaction of Lien documents filed against Real Property for
abatement of nuisance and direct the Clerk of Courts to record same in
the Public Records of Collier County, Florida.
Request approval to waive formal competition and approve purchase of
Carolina Software for landfill scalehouse operations and approve
associated Budget Amendment.
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June 26, 2001
17)
Adopt a Resolution approving the Satisfaction of Liens for Solid Waste
Residential Accounts wherein the County has received payment and said
liens are satisfied in full for the 1992 Solid Waste Collection and Disposal
Services Special Assessments.
Adopt a Resolution approving the Satisfaction of Liens for Solid Waste
Residential Accounts wherein the County has received payment and said
liens are satisfied in full for the 1995 Solid Waste Collection and Disposal
Services Special Assessments.
19)
Adopt a Resolution approving the Satisfaction of Liens for Solid Waste
Residential Accounts wherein the County has received payment and said
liens are satisfied in full for the 1994 Solid Waste Collection and Disposal
Services Special Assessments.
20)
Adopt a Resolution approving the Satisfaction of Liens for Solid Waste
Residential Accounts wherein the County has received payment and said
liens are satisfied in full for the 1993 Solid Waste Collection and Disposal
Services Special Assessments.
21)
Approve one new position within the Public Utilities Engineering
Department-Communication Systems Manager.
22)
Approval of Budget Amendment to cover unanticipated expenses in the
Water Distribution Cost Center.
PUBLIC SERVICES
1)
Accept title from Collier Cultural and Educational Center, Inc., to property
to be used for the future "Lely Amphitheater".
2)
Approve a Lease Agreement between Collier County and Sprint for use of
County-Owned Property at the Cocohatchee River Park for a
Communications Tower.
3)
Approve a Budget Amendment for the increase in Medicaid Waiver
Revenue and Program Costs.
4)
Authorization to accept funds to increase hours for 4H Program Outreach
Coordinator.
5)
Give approval to apply for a Grant from Florida Communities Trust Florida
Forever Grant Program.
11
June 26, 2001
6)
Approve an eight month suspension of the design and construction of a
neighborhood park within Livingston Woods.
7)
Approve a Resolution authorizing the activities and practices of various
volunteer organizations within the Public Services Division.
8)
Approve a Resolution authorizing the Chairman to enter into a lease
agreement with the Florida Department of Transportation.
9)
Approve an agreement with Collier Sports Officials Association, Inc. for
the purpose of providing sports officials for county sponsored activities.
10)
Approve an Interlocal Agreement with the City of Everglades for the
Community Center Skate Park Project.
SUPPORT SERVICES
1)
Approve Budget Amendment to appropriate reserves from the Motor Pool
Capital Recovery Fund (522) to refurbish an ambulance to meet new State
ambient air and drug temperature control requirements, add safety and
patient comfort features, and perform paint and body work.
2)
Waive requirements for formal bid process by utilizing the services of the
general contractor presently constructing the Golden Gate Government
Services Center to construct the Golden Gate Sheriff's Substation.
3)
Award RFP #01-3205, Employment Advertising Placement Services, to
Nationwide Advertising Services and authorize staff to negotiate
agreement with selected vendor.
4)
Request authority to award RFP 00-3188 and authorize staff to commence
negotiations with the top-ranked firm(s).
5)
Award contract for architectural services for programming and design of
the Courthouse Annex, Parking Garage, Chilled Water Plant Expansion
and Associated Vehicular and Pedestrian Circulation and Site Work, RFP
fl3173.
6)
Approve Budget Amendment to increase appropriations for fuel and parts,
and recognize associated revenues in Fleet Management Administration
Fund (521).
EMERGENCY SERVICES
1)
Agreement approval and adoption of Resolution authorizing the
acceptance of said agreement between the State of Florida, Department
12
June 26, 200'1
of Community Affairs and Collier County for funds to be used for shelter
enhancement at Barron Collier High School.
2)
Award Bid No. 01-3212 for the purchase of medical equipment for the
Emergency Medical Services Department.
COUNTY MANAGER
1)
Request authorization for the County Manager to approve consent and
emergency agenda items during the Board's scheduled recess.
2)
Approval of Budget Amendment Report - Budget Amendment #01-342;
#01-345.
3)
Authorize the County Manager to reduce or waive certain Public Service
Division and Community Transportation Fees for limited promotional
programs.
AIRPORT AUTHORITY
BOARD OF COUNTY COMMISSIONERS
MISCELLANEOUS CORRESPONDENCE
1)
Satisfaction of Lien: NEED MOTION authorizing the Chairman to sign
Satisfaction of Lien for Services of the Public Defender for Case Nos.: 96~
975-CFA, 97-309-CFA, 98-6724-MMA, 97-10249-COA, 85-325-CFA,
85325-CFA, 9900394MMA, 0004107MMA, 83-584TMC, 0001487MMA,
0002980MMA 99-7086MMA, 0001058MMA, 0004344MMA.
9910341MMA 9803828MMA, 9909526MMA, 0002830MMA
0003843MMA 0004481MMA, 0003777MMA, 9905083MMA
9908634MMA 9910076MMA, 0006214MMA, 0005703MMA
9800171CFA 0005858MMA, 9909507MMA, 0004299MMA
9708520MMA 9807864MMA, 9900898MMA, 0002211MMA
9909165MMA 9910774MMA, 81-1465-MM-A-42, 9900895MMA,
9708884MMA 0004615MMA, 9800831MMA, 9501693CFA, 9501699CFA,
9501700CFA 9501701CFA, 9501488CFA, 0002330MMA, 9900502MMA,
RECOMMEND APPROVAL.
2) Miscellaneous items to file for record with action as directed.
OTHER CONSTITUTIONAL OFFICERS
1)
State Criminal Alien Assistance Program (SCAAP) 2001 Delegation
Letter.
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June 26, 2001
17.
2) Fiscal Year 2001 Local Law Enforcement Block Grant Program.
L. COUNTY ATTORNEY
1)
Authorize the making of an Offer of Judgment to Respondents, Jose and
Jenny Rey, for Parcel 101B in the amount of $10,058.00 in the lawsuit
styled Collier County v. Jose L. Rey, et al, Case No. 99-3683-CA (Golden
Gate Boulevard, Project No. 63041).
2)
Approve the stipulated final judgment relative to the easement acquisition
of Parcel 136 in the lawsuit entitled Collier County v. Frank V. Kralik,
Trustee, of the Frank V. Kralik Revocable Trust Dated February 14, 1998,
et al, (Pine Ridge Road Project No. 60111 ).
3)
Approve the stipulated final judgment relative to the easement acquisition
of Parcel 127 in the lawsuit entitled Collier County v. James R. Colosimo,
Trustee, under unrecorded Land Trust Agreement Dated 12/10/92, et al,
(Pine Ridge Road Project No. 60111 ).
4)
Recommendation that the Board approve and authorize the Chairman to
execute a continuing Retention Agreement for services on an "as needed"
basis with the Law Firm of Allen, Norton and Blue, P.A., to meet County
purchasing policy contract update requirements.
5)
Approve the stipulated final judgment relative to the easement acquisition
of Parcels 108 and 708 in the Lawsuit entitled Collier County v.
Community School of Naples Inc., et al, (Pine Ridge Road Project No.
60111)
6)
Board approval of Resolution ordering and calling a Special Election to fill
vacancies on the Lely Community Development District Board of
Supervisors.
7)
Approve the Stipulated Final Judgment relative to the easement
acquisition of Parcel 162 in the Lawsuit entitled Collier County v. Russell
Baisley, et al, (Livingston Road, Project No. 60071 ).
SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS
AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR
APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL
BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING
AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR
ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY
PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD,
PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS
ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED
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June 26, 2001
TO SPEAK IN OPPOSITION TO THE ITEM.
This item requires that all participants be sworn in and ex parte disclosure
be provided by Commission members. Petition AVPLAT2001-AR711 to
disclaim, renounce and vacate the County's and the public's interest in a portion
of the drainage easement located on Lot 9, according to the Plat of "Barefoot
Bay" as recorded in Plat Book 35, Pages 61 through 62, Public Records of Collier
County, Florida, and to accept a relocated drainage easement on a portion of Lot
1 of said "Barefoot Bay" located in Section 6, Township 48 South, Range 25
East.
This item requires that all participants be sworn in and ex parte disclosure
be provided by Commission members. Petition VA-2001-AR-528, John S.
McGarvey from Westlink Associates, LLP requesting a 4-foot after-the-fact
variance from the required side yard setback of 24-feet to 20-feet for a single-
family residence for a property located at 4437 Brynwood Drive in Quail West
Development.
This item requires that all participants be sworn in and ex parte disclosure
be provided by Commission members. Petition PUDA-01-AR-546, Mr. Don
Cahill, representing the Barefoot Beach Property Owners Association, requesting
an amendment to the Lely Barefoot Beach PUD having the effect of increasing
the maximum building height from two stories to three stories with a maximum of
70 feet above the minimum base flood elevation for property located within the
Lely Barefoot Beach PUD and West of Barefoot Beach Boulevard in Sections 6,
7, and 8, Township 48 South, Range 25 East, Collier County, Florida.
This item requires that all participants be sworn in and ex parte disclosure
be provided by Commission members. Petition PUDA-01-AR-488, Mr. Tim
Hancock, representing HB Holdings of SW Florida, LLC, requesting an
amendment to the DaVinci Estates in Olde Cypress PUD having the effect of
allowing project entry signs to be located a minimum of 5 feet from the back of
curb of any private access drive, reducing the minimum rear yard setback from
25 feet to 20 feet and to reduce the front yard setback from 20 feet to 10 feet only
for a side entry garage while maintaining the 20 foot setback for the principal
structure for property located North of Immokalee Road (CR 846) and
approximately 1.3 miles East of 1-75 in Section 21, Township 48 South, Range 26
East, Collier County, Florida.
This item requires that all participants be sworn in and ex parte disclosure
be provided by Commission members. Petition CU-2001-AR-478, Jeff Merz
from Voicestream Wireless representing Collier County Emergency Management
Services (EMS) requesting a Conditional Use for communications tower on a
parcel of land zoned "C-1" Commercial Professional District for property at the
intersection of Golden Gate and Coronado Parkway in Golden Gate City, and is
further described as Lot 1.1, Block 115, Golden Gate City Unit 4, this parcel
15
June 26, 2001
consists of approximately 2.5 acres and contains the Golden Gate Fire and
Rescue Building.
Fw
Adopt an Ordinance repealing Ordinance No. 91-10, as amended, and
reestablishing the County Government Productivity Committee; changing
membership and quorum requirements of the committee.
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE
TO THE COUNTY MANAGER'S OFFICE AT 774-8383.
16
June 26, 2001
June 26,2001
Item #2A
REGULAR, CONSENT AND SUMMARY AGENDA-
APPROVED AND/OR ADOPTED WITH CHANGES
CHAIRMAN CARTER: I hereby call to order this meeting of
the Continental Congress. No, in all seriousness this morning, I
would like our museum colonial color guard to come front this
morning and line up with us as we do the invocation and pledge of
allegiance.
We had a wonderful ceremony about 8:30 in front of the
courthouse celebrating the beginning of our 4th of July Festival. The
grand opening will be July 4th, as you know, and run through the 7th.
Herb Luntz has done an amazing job. And since this is the last
commission meeting prior to that, we wanted to respectfully honor
our birthday of American, two centuries plus.
The shots fired on the Lexington Concord Road started that
quest for freedom, and today we have reaped the benefits of that
freedom, and let us never forget all those who have paid a very dear
price so we can sit here and gather this morning and conduct business
as a government elected by the people. So with that we can have the
invocation this morning by the director of single-parent ministry, Jim
Hill, from the First Baptist Church of Naples, followed by the pledge
of allegiance.
MR. HILL: Good morning. Our Lord, we thank you so ever
much for allowing us the blessing of living in such a beautiful
community, Lord, and for the freedom that we have in this nation.
Lord, may we never, never forget the price that was paid by those
that went before us who even paid the ultimate price of their lives.
Lord, may we never forget it, and may we never drop our guard and
Page 2
June 26, 2001
never take it for granted. Lord, may we cherish our freedoms and
may we guard them diligently.
Lord, we thank you for these people that have come out here
today, Lord, to experience some of that freedom of government and
our form of democracy. Lord, we pray right now that you will just
bless the people that have given of their lives and their time and
talents to lead us. Lord, we pray right now that you would grant them
wisdom above and beyond their own. Lord, help them with the
discernment and direction in the way that our community should go.
Lord, we thank you for the diversity of our country and our
community; diversity in beliefs, diversity in culture, diversity of
ideas. Lord, we thank you so much for that diversity. But, Lord, we
pray that we will come together and strive together for common
ground, for righteousness and justice. Lord, that we may see the
things that come out of this complex here today and in the future --
Lord, there will be things that will unite us and make us stronger and
make us proud to call this home. Lord, we ask now that you bless
everything that's said and done here today. In Jesus's name we pray.
Amen.
CHAIRMAN CARTER: Amen.
(The pledge of allegiance was recited in unison.)
CHAIRMAN CARTER: Mr. Abbott, would you like to say just
a few words about the --
COMMISSIONER MAC'KIE: At the microphone.
CHAIRMAN CARTER: Step up to the microphone, and honor
our colonial color guard just a moment, and then we will continue to
conduct business in front of this commission.
MR. ABBOTT: The museum's colonial guard, as you can see,
is up here. We're dressed in the uniforms of the First of North
Carolina. It would be the same unit from Georgia or South Carolina.
This is the original U. S. Army of 1779. We're either members of the
Page 3
June 26, 2001
Friends of the Museum or the museum staff up here today, and we're
going to be proud to host the county float or even, too, in the 4th of
July parade. Thank you very much. (Applause.)
MR. ABBOTT: Okay. File out, guys.
CHAIRMAN CARTER: Thank you, Charlie. All right. Just to
remind you that the County Commission is very, very serious
business. That was a side piece often carried in battle. Charlie told
me this morning about the best they could do is get three shots off
before they were close, and then it went to bayonets. I don't think
any of us recognize the brutality of the situation, but they did what
they needed to do, and we're here today. So with that, Mr. Olliff,
good morning.
MR. OLLIFF: Good morning.
CHAIRMAN CARTER: Good morning, Commissioners, and
let us begin.
MR. OLLIFF: Good morning, Commissioners and
Mr. Chairman. The add list, which I will walk you through, or the
change list to your agenda this morning looks like a change list from
a board meeting just prior to the board going on our summer break.
I'll try and walk you through this as quickly as I can, but there are a
number of changes for those of you in the audience.
The first three are additions. We are adding Item 5(C). It's a
presentation by emergency services regarding your hurricane season
update. The next item is Item 9(D), also an addition. That's D as in
David. It's the appointment of members to the Bayshore/Gateway
Triangle Local Redevelopment Advisory Board.
COMMISSIONER MAC'KIE: Where will that be, again?
MR. OLLIFF: 9(D) as in David.
CHAIRMAN CARTER: 9(D) as in David.
MR. OLLIFF: The next item is also an addition. It's 10(H), and
Page 4
June 26,2001
that's to approve modified guidelines for site improvement plans
reviewed under the Immokalee Housing initiative.
The next three items are withdrawals off of your consent
agenda. Item 16(A) 17, Item 16(A) 18, and Item 16(A)21 are all
requests for withdrawals. I need to make a note that Item 16(A) 18 is
actually being requested by the property owner in that particular case.
It's a PUD that was up for review, the Airport Plaza PUD. It's up for
its five-year review, and the property owner is out of state and has
called in requesting that that item be withdrawn off of your agenda.
COMMISSIONER MAC'KIE: It was on my list to ask for that
to be withdrawn today as well.
MR. OLLIFF: Okay. The next item is an addition. It is an
addition to your consent agenda. It's 16(A)24. It's authorization for
the county manager to execute a contract for economic consulting
services in support of the rural fringe assessment area conceptual
strategies, and I believe the board has talked about that thoroughly
before.
COMMISSIONER MAC'KIE: Okay.
MR. OLLIFF: The next item is a continuance. Item 16(B), as in
boy, 11 is being continued to your meeting of July 31st. That is the
developer contribution agreement with First Baptist Church for road
impact fee credits.
There's a request by Michael Simonik of The Conservancy, Mr.
Chairman, to move 16(B)9 off your consent agenda, which would
become 10 and I believe that's L.
COMMISSIONER MAC'KIE: I. Could you tell us what
16(B)9 is?
MR. OLLIFF: I can. That is the Big Cypress mitigation bank
award of a contract as the low bidder for the Livingston Road North
project. Mr. Chairman, that's at the board's discretion. We can either
try and have speakers speak and leave it on the consent agenda, or
Page 5
June 26, 2001
you can move it to your regular agenda.
CHAIRMAN CARTER: Perhaps it would be the pleasure of the
board that we remove it or have a presentation by staff and answer
any questions by those who have questions, if that is appropriate, Mr.
Olliff --
MR. OLLIFF: That's fine.
CHAIRMAN CARTER: -- it's the pleasure of the board.
MR. OLLIFF: We'll move that to the regular agenda. I misread
that. It actually becomes 10(I), not 10(L).
The next item is a deletion of 16(C)9, which was a contract with
Mitchell & Stark for a Pelican Bay wellfield booster station and
master flow meter. We're asking that that be deleted.
There's a change in language to 16(D), again as in David, 8, and
I'll look to David Weigel, the county attorney, to walk you through
that language change.
MR. WEIGEL: Thank you. Mr. Chairman, Commissioners, on
16(D)8 we would ask that it be left with the consent agenda but
authorization be given that the county attorney make a small change
to the title and the understanding on the record that the agreement
that's addressed here will come back to the board for final approval.
COMMISSIONER HENNING: I move.
CHAIRMAN CARTER: I don't have a problem. I don't think
anybody has a problem with that.
MR. OLLIFF: The next item is also an addition. It's an addition
to your consent agenda, 16(L)8, and it's to approve the agreed order
awarding statutory attorney's fees relative to an easement acquisition
in a lawsuit entitled Collier County versus Owen M. Ward, Trustee.
There's also a note at the bottom of your change list, Mr.
Chairman, which indicates why there was an ordinance which was
actually advertised for a greenspace committee which was
inadvertently prepared and advertised. It does not show up on your
Page 6
June 26, 2001
agenda index, but that was as a result of the board's decision to use
the existing committee of The Conservancy and appoint
Commissioner Mac'Kie to that committee as opposed to creating your
own new county committee.
The last item I have, Mr. Chairman, is a request by your sheriff's
department to have Item 10(A), which was the naming of the
artificial reef, moved up to be the first regular item on your agenda.
COMMISSIONER MAC'KIE: I think that's a wonderful idea.
CHAIRMAN CARTER:
(No response.)
CHAIRMAN CARTER:
Yes. Any objection by the board?
Let's do it.
MR. OLLIFF: With that, Mr. Chairman, I think I've covered
your change list.
CHAIRMAN CARTER: Okay. Then 10(A) would move after
public petitions and comments; is that correct? MR. OLLIFF: Yes, sir.
CHAIRMAN CARTER: Okay. Do we have any--
Mr. Weigel?
MR. WEIGEL: No, nothing further. Thank you.
CHAIRMAN CARTER: Commissioner Henning.
COMMISSIONER HENNING: I took care of my questions this
morning.
CHAIRMAN CARTER: Thank you. Commissioner Mac'Kie.
COMMISSIONER MAC'KIE: I have nothing else.
CHAIRMAN CARTER: Commissioner Coletta.
COMMISSIONER COLETTA: Yes, I do. I'd like to poll the
place on regular agenda Item 16(A) 17 and 16(B)3.
CHAIRMAN CARTER: 16(A) 17 has been withdrawn.
COMMISSIONER COLETTA: That's already removed, huh?
COMMISSIONER MAC'KIE: Actually, it's withdrawn.
CHAIRMAN CARTER: Withdrawn.
Page 7
June 26, 2001
COMMISSIONER COLETTA:
then. 16(B)3 and 16(B)6.
CHAIRMAN CARTER: Okay.
where, Mr. Olliff?
Okay. That made that easy
Let's see. Those would go
MR. OLLIFF: If you'll walk me through those again because
they will become items under the county manager's portion of your
agenda, and I believe 10(J) would be 16(B)3. And then, Mr. Coletta,
if you could walk me through the rest of those.
COMMISSIONER COLETTA: 16(B)6.
MR. OLLIFF: 16(B)6 would become 10(K).
COMMISSIONER COLETTA: And that's it.
MR. OLLIFF: I do need to make one more note, Mr. Chairman,
that you do have one registered speaker for an item on your consent
agenda. It's actually requested that it either be moved to your regular
agenda or be allowed to discuss it as part of the consent agenda,
which is 16(B)9. Miss Payton is here and has requested to speak on
that. My suggestion would be --
CHAIRMAN CARTER: 16(B)9 was moved to 10(I), wasn't it?
MR. OLLIFF: You're right. So all of her items that she's
requested have been moved to the regular agenda, and she can speak
on it there.
CHAIRMAN CARTER: So that's covered. We think we've got
everything covered. Any other additions? Corrections? Anybody
here to speak on the consent agenda?
MR. OLLIFF: I have no one registered.
CHAIRMAN CARTER: Okay. Commissioners.
COMMISSIONER MAC'KIE: Motion to approve the agenda --
consent summary agenda as amended.
COMMISSIONER HENNING: I'll second that.
CHAIRMAN CARTER: Okay. Moved by Commissioner
Mac'Kie and seconded by Commissioner Henning. All in favor
Page 8
June 26, 2001
signify by saying aye.
(Unanimous response.)
CHAIRMAN CARTER:
(No response.)
CHAIRMAN CARTER:
Opposed by the same sign.
Motion carries 4-0.
Page 9
AGENDA CHANGES
BOARD OF COUNTY COMMISSIONERS' MEETING
June 26, 2001
ADD: Item 5(C): Presentation by Emergency Services regarding Hurricane
season update. (Staff request.)
ADD: Item 9(D): Appointment of members to the Bayshore/Gateway
Triangle Local Redevelopment Advisory Board. (Staff request.)
ADD: Item 10(H): To approve modified guidelines for site improvement
plans reviewed under the Immokalee Housing initiative. (Staff request)
WITHDRAW: Item 16(A)17: Recommendation that the Board of County
Commissioners adopt a Resolution authorizing the Director of the Code
Enforcement Department to compromise and settle certain Code
Enforcement liens and to execute and record documents and to take
certain acts necessary for the implementation of this authority. (Staff
request.)
WITHDRAW: Item 16(A)18: Staff review and recommendations relative to
Ordinance No. 95-68, as amended, also known as Airport Plaza PUD, which,
according to the required PUD status report submitted by the property
owner/agent, has not commenced construction, as defined in Section
2.7.3.4 of the Collier County Land Development Code, resulting in several
possible courses of action for the Board of County Commissioners to
consider. (Requested by property owner who will be out of town.)
WITHDRAW: Item 16(A)21: Adoption of a resolution establishing an
official administrative procedures manual for the Collier County
Consolidated Impact Fee Ordinance. (Staff request.)
ADD: 16(A)24: Authorization for the County Manager to execute a contract
for economic consulting services in support of the Rural Fringe
Assessment Area Conceptual Strategies. (Staff request.)
CONTINUE TO July 31, 2001: Item 16(B)11: Approve Developer
Contribution Agreement with First Baptist Church for road impact credits
subject to developer complying with all conditions of the agreement
imposed by the County. (Requested by Rich Yovanovich representing First
Baptist Church.)
MOVE: Item 16(B)9 to 10(I): Approve a contract with Big Cypress
Mitigation Bank as Iow bidder for the Livingston Road-North project
wetland impacts, Collier County Project No. 65041. (Requested by Michael
Simonik, The Conservancy.)
DELETE: Item 16(C)9: Award a contract to Mitchell and Stark Construction
Company, Inc., to upgrade the Pelican Bay wellfield, booster station and
master flow meter, Bid 01-3238, Project 74039. (Staff request.)
CHANGE: Item 16(D)8: Approve a Resolution authorizing the Chairman to
enter into a lease agreement with the Florida Department of Transportation.
Change only in wording of the Resolution for clarification. (Staff request.)
ADD: Item 16(L)8: Approve the Agreed Order awarding Statutory
Attorney's Fees in the amount of $52,483.20, relative to the Easement
Acquisition of Parcel 145 in the Lawsuit entitled Collier County v. Owen M.
Ward, Trustee, et al, Case No. 99-1291-CA, Project No. 65031 (Radio Road,
Santa Barbara Boulevard to Davis Boulevard). (Staff request)
NOTE: The following Request for Leqal Advertisinq of Public Hearings
does not appear on the Board Index as the Board aqreed to appoint
Commissioner Mac'Kie to serve as liaison to the Conservancy's existinn.
Green Space Committee: An Ordinance establishing a Conservation Lands
Referendum Committee; providing for Creation and Purpose; providing for
Terms of Office, Membership, Designation of Liaison and Failure to attend
meetings; providing for Officers, Quorum and Compensation; providing for
Conflict and Severability; providing for Dissolution of the Committee and
Repeal of Ordinance; and providing for an Effective Date.
June 26, 2001
Item #2B & C
BCC MINUTES OF WORKSHOP MEETING OF JUNE 5,2001
AND SPECIAL MEETING OF JUNE 6, 2001 - APPROVED AS
PRESENTED
COMMISSIONER MAC'KIE' Motion to approve the workshop
and special meeting minutes of June 5th and 6th.
COMMISSIONER HENNING: Second.
CHAIRMAN CARTER: Motion by Commissioner Mac'Kie, a
second by Commissioner Henning. All in favor signify by saying
aye.
(Unanimous response.)
CHAIRMAN CARTER:
(No response.)
Opposed by the same sign.
Item #3A
PROCLAMATION RECOGNIZiNG THE COLLIER COUNTY
SHERIFF'S OFFICE SENIOR SERVICES UNIT AS THE "2001
GOLDEN APPRECIATION HELEN K. FALLERT AWARD
RECIPIENT"- ADOPTED
CHAIRMAN CARTER: Motion carries. That moves us to
proclamations. We'll recognize the Collier County Sheriff's Office
for services -- and I have to dig down in my sheet here of
proclamations, and here it is. This morning do we have --
COMMISSIONER MAC'KIE: Sergeant White.
CHAIRMAN CARTER: -- Sergeant White present?
COMMISSIONER MAC'KIE: Yes.
CHAIRMAN CARTER: Here she is.
Page 10
June 26, 2001
COMMISSIONER MAC'KIE: Come up here.
CHAIRMAN CARTER: If you would step forward in front of
the podium, please. Don't be so bashful. Come right up here.
I had the pleasure of being at the event where the Collier County
Sheriffs Office senior services unit was recognized by the Golden
Apple seniors award, and this lady and gentleman were present, and
their unit was duly recognized. It's my pleasure this morning to read
the proclamation in honor of their services:
"Whereas, Collier County Sheriffs Office senior services unit
was established in 1998 as a unit dedicated to addressing the needs of
the growing older adult population in Collier County; and,
Whereas, Collier County Sheriffs Office senior services unit
maintains a senior help line staffed by senior volunteers; and,
Whereas, Collier County Sheriffs Office senior services unit
offers a variety of support programs including a 24-hour crisis
intervention program, the senior at risk program providing daily
contact for individuals living in their own homes, a defensive living
education program to protect elders from becoming crime victims, a
file of life and beacon program; and,
Whereas, Collier County Sheriffs Office senior services unit
coordinates the Salt Triad Council which fosters a partnership
between senior citizens and law enforcement; and,
Whereas, Collier County Sheriffs Office senior services unit
demonstrates tireless dedication to protecting the senior adult
segment of our population.
Now, therefore, be it proclaimed by the Board of County
Commissioners of Collier County, Florida, that the Collier County
Sheriffs Office senior service unit be recognized as the 2001 Golden
Appreciation Helen K. Fallert Award recipient.
Done and ordered this 26th day of June 2001,
Board of County Commissioners, Collier County, Florida, James D.
Page 11
June 26, 2001
Carter, Chairman."
I move the proclamation--
COMMISSIONER COLETTA: Second.
COMMISSIONER MAC'KIE: Third.
CHAIRMAN CARTER: Moved by the chairman, seconded by
Commissioner Coletta. All in favor signify by saying aye.
(Unanimous response.)
CHAIRMAN CARTER: Opposed by the same sign.
(No response.)
CHAIRMAN CARTER: Motion carries. Congratulations.
(Applause.)
CHAIRMAN CARTER: Here, guys, take your proclamation.
MS. WHITE: On behalf of Sheriff Don Hunter --
THE COURT REPORTER: Your name, please.
MS. WHITE: I'm Sergeant Rosa White with the Collier County
Sheriff's Office. I'm the coordinator/supervisor of the senior services
unit with the sheriff's office. On behalf of Sheriff Hunter we would
like to thank you for this honor, but we cannot do this kind of work
that we're doing at this time working with seniors in Collier County if
we didn't have the great team that is behind me. They're always there
for me.
They have been there from the time that we only had one
person. I was the only person in the unit for awhile, and now we
have two other paid staff. One, my assistant Sergeant Mike
Wittenberg cannot be here because he is on vacation. I have Jerry
Gallagher who is a retired captain from Philadelphia who came to
work for us and is a crime prevention practitioner. We have
members of our council here, Dr. Margaret Springer and Richard
Springer, who is our public relations director, and I would like for my
volunteers -- they're the ones that do a lot of my work, and they help
me out a great deal. They're my bosses. If you can stand up, please.
Page 12
June 26, 2001
COMMISSIONER MAC'KIE: Please.
(Applause.)
MS. WHITE: We have 15 volunteers.
Unfortunately not everyone was able to be here this morning. They
are -- some of them are working, and some of them are on vacation,
so I do want to thank you again. Thanks.
CHAIRMAN CARTER: Thank you, Miss White.
MS. WHITE: This is our award we received. We were selected
from eight counties through Southwest Florida as the recipient for
this award, and we were very privileged to bring it to Collier County.
It didn't go to Lee County or any other. We brought it to Collier
County.
CHAIRMAN CARTER: Wonderful.
COMMISSIONER MAC'KIE: Great.
CHAIRMAN CARTER: Well, it was truly an outstanding
event, and I was certainly proud to be there and to congratulate our
sheriff's department for this outstanding effort.
Item #4
EMPLOYEE SERVICE AWARDS - PRESENTED
That moves us to service awards. Commissioner
Mac'Kie.
MR. OLLIFF: As the board is making their way down to the
floor, I'll take the opportunity to call up our first five-year award
recipient. If Joel Fernandez from transportation could make his way
down.
(Applause.)
COMMISSIONER MAC'KIE: It's a good start. Now, you hang
in there with us.
Page 13
June 26, 2001
MR. OLLIFF: The next service award we have is Elizabeth
Nagengast with the library who's been with us for ten years.
(Applause.)
MR. OLLIFF: Mr. Chairman, this just keeps getting better. The
next one is Ann Marie Saylor with your public utilities division who's
been with the county for 15 years. (Applause.)
MR. OLLIFF: Last we have the opportunity to award two
twenty-year employees this morning. The first is Diane Flagg with
your emergency services department, and next is Millie Kelley with
the wastewater laboratory.
(Applause.)
Item #5A
REPORT FROM IDEAS TEAM ON MARTIN COUNTY VISIT -
PRESENTED
MR. OLLIFF: Mr. Chairman, as you're making your way back
up to the podium, the next item on your agenda is actually a report
from our Ideas team that was the team of employees that we sent to
Martin County. And I'll ask Alex Sulecki, who was a member and a
leader on that team, if she can just start walking us through that
presentation.
MS. SULECKI: Good morning. Thank you for having us here
with you today. The museum's colonial guard was wonderful, but I
admit that when I saw the chairman was armed, it made me a little
nervous.
COMMISSIONER MAC'KIE: Yeah. You're not the only one.
CHAIRMAN CARTER: It's not loaded.
MS. SULECKI: I'd like to introduce to you the Ideas team.
Page 14
June 26, 2001
This was a team put together last fall by the county manager's office,
one of many, and our goal was to go to another county and see how
they do things to see whether we could learn from them or we could
be reaffirmed that we're doing things great in our county. So I would
like to introduce you to Kim Hadley. She's an environmental
specialist in the planning department. We have Dick Roll, Russ
Muller, and Stan Chrzanowski. They're all engineers over in
planning.
We went in January over to Martin County. We decided to go to
Martin County because there were a lot of things about Martin
County that was the same. They have a lot of growth-related issues,
and that was one of our concerns. And they have some very good --
they have a very good reputation in their environmental areas. So we
chose that county to go to. We're going to show you a little slide
presentation of what we did and where we went, and then I'm going
to give you kind of a summary of what we found out. Okay. That
was our team when we arrived. There's some facts I'll just give you
while she's going through some of the slides here.
Martin County's population in season is about 130,000
compared to our 300,000, so it's about half as big. It's 555 square
miles compared to our 2,000 square miles, so we're four times as big.
They have about 850 employees to our 1,200. That works out to 1
per 151 for them and 1 per 250 for us.
COMMISSIONER MAC'KIE: Good job.
MS. SULECKI: They have about 189 people per square mile.
We have about 88. So their density is a lot bigger. This was one of
the first things that we liked. They had special parking for Martin
County employees. And on the left you see that they had a "no
smoking" sign posted right outside of their main building, and I guess
this was to prevent people from congregating out there smoking, but
we did notice there was a full ashtray right below that sign.
Page 15
June 26, 2001
COMMISSIONER MAC'KIE: That would sure be nice, Tom.
It's like a fog when you get to the door.
MS. SULECKI: First we met with the Martin County manager,
Russ Blackburn, and his assistant, Denise Eshleman, who was very,
very kind to us in showing us around. They all were, as a matter of
fact. They gave us an overview of how the county is set up, how the
operations go, and then we visited the commission chambers.
What did we like about the commission chambers? You were
there.
MR. CHRZANOWSKI: The first floor.
COMMISSIONER MAC'KIE: That does make sense. First
floor is what they were saying.
MS. SULECKI: They were wired, also, into the adjacent library
so if there were some spill over people could still participate from
there.
Oh, we went to a lot of meetings. We called this the stinking
meeting because it was at the landfill. We wanted to go see how they
dealt with their landfill issues. There it is. They have one cell that's
closed and one that's opening up, and then they're planning on
expanding.
Some of the other things we visited at the landfill -- they
managed their hazardous waste really well. They have a transfer
station where people can drop things off. They do things like
reselling their batteries, reusing paint. It was very nice and neat, and
it didn't cost people anything.
One of the great things we found was the haz mobile. This is a
grant-funded truck that goes around and collects hazardous waste
from the community. We actually went onto the landfill, and we saw
some of their features. They have some problems with odor over
there, so they've tried some different solutions like planting flowers
and having smell teams to find out exactly where the odors are
Page 16
June 26, 2001
coming from. They do a lot of citizen education on that. That was
the lovely landfill charm.
CHAIRMAN CARTER: Chief smeller, huh?
COMMISSIONER MAC'KIE: There you go.
MS. SULECKI: And there's the landfill, which is not a whole
lot different from ours. There were a lot of birds. It smells a little
bit. They have some -- down in the lower right-hand comer, you'll
see they have a neighborhood that has pretty nice homes within a
very close range of the landfill, and so they've had some issues
they've had to deal with, and they've dealt with them pretty well. We
went to some other places too. We checked out -- what were some of
the other places you guys checked out?
MR. CHRZANOWSKI: Courthouse.
MS. SULECKI: The courthouse that cost how much to build?
MR. CHRZANOWSKI: $22 million.
CHAIRMAN CARTER: Don't give that clerk ideas now.
MS. SULECKI: The engineering facilities. We looked at quite
a few things. We also had a personal tour through their IT section,
which is the bottom left, and their offices which look a lot like ours.
The top was Denise Eshleman. We met with IT staff. We met with
environmental staff, planning staff, engineering staff. Is there anyone
I'm forgetting? Code enforcement staff. And that's it. We're done.
It was a lot of fun. It was two days, and it was a great
experience to see our county organization compared to a similar
county with a highly respected, nationwide reputation. From our
observation we felt that there were some aspects of county
government services that were handled better in Martin County, but
overall Collier County is doing a great job in providing services in
most if not all areas.
Some of the areas of service we really liked in Martin County
was the Citizen Cares program. This is a citizens academy and
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June 26, 2001
resource education series. It's kind of like our sheriff/citizen
academy. It's five weeks, half of a day, one day a week, and the
citizens travel around and look at everything in the county, and they
give them food. That's what they really liked. This seems to promote
a broader consensus and involvement with Collier County policies --
or with Martin County policies, and we're sending a staff member to
explore this program because we liked it so well.
They use GIS technology. This was one of the great things. They
have Martin County maps on the web, useful maps based on 30 years
of data that were provided by other agencies, and these maps help
reduce the number of field visits that staffhave to make, and they're
also available online to residents.
Martin County was very proud of their technology department. It
was one of their bragging points. We felt that they used the
environmental specialists in code enforcement cases in a better way
in Martin County. In Martin County they're focused primarily on
monitoring larger developments like PUDs. They don't handle all the
case work for smaller environmental violations. They act, instead, as
expert witnesses for the regular enforcement investigator. This frees
the bulk of their time to do monitoring and enforcement for the larger
properties.
I know this has been a concern of yours, Commissioner Mac'Kie,
that we in Collier County code enforcement aren't focusing enough
staff time on PUDs. This was one of the things that we looked at
when we went over there and, as a result, we have budgeted another
staff member to address that issue. We liked that they held a tough
environmental line. They didn't provide services outside of the urban
boundary. They had a "no negative impact" stance for wetland sites
over .25 acres with exceptions for utilities.
They didn't allow ATV use on the beaches for other than turtle
monitoring. They have sea turtle ordinance compliance that's
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June 26, 2001
required by all oceanside development before the CO is granted, like
the lights and everything have to be correct.
COMMISSIONER MAC'KIE: Oh, that's interesting.
MS. SULECKI: They have sea turtle information signs posted
at all public beach dune crossovers, and they protect any native trees
size of 4 inches DBH, diameter breadth height, or greater located in
the perimeter of any development site. We like those things.
Another thing is they had a public golf course run by parks and
recreation, and they had an employee award system that we thought
was great. They provided cash for monthly, quarterly, and yearly
employee recognition and for ideas that saved the county money.
They gave money and meal certificates to reward extra efforts by
staff to cooperate with other staff members, and that fostered
interdepartmental cooperation. We heard a lot of positive feedback
about these programs. They had an annual dinner to hand out the
awards, and they all liked that real well.
We also came away with the impression that Collier County is
doing a lot right and in many cases better than Martin County. In
particular we liked that our engineering and technical plan review
was done better in Collier County. That's because we have more
reviewers, and we have a one-stop shop, so they come here -- it's
faster.
The number of code enforcement cases handled per investigator
here is roughly 30 percent more at 300 cases per year in Martin
County. We handle 2,000 cases per year. Our enforcement
supervisors handle almost two times the staff. This effort, I felt, was
recently acknowledged in a survey taken of Collier County residents.
It was printed in the Naples Daily News on June 12th, and it showed
that 95 percent of residents polled felt that the appearance of
neighborhoods and shopping areas is generally good.
I have to brag a little for code enforcement because that was the
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June 26, 2001
second-highest rating in Collier County, and it was second only to
satisfaction with trash collection. So I have to believe that code
enforcement contributes substantially to keeping these areas looking
good. The overall deVelopment review process is better in Collier
because of the one-stop shop. In Martin also the reviewers do the
inspections. Here we have separate staff, so we have a lot more
coverage.
Commercial landscape and tree laws are stronger and better
enforced in Collier County. That results in a more attractive urban
landscape. Our architectural codes, they were very interested in those
because they don't have them. We felt that our areas look better -- a
little bit better as a result. They haven't implemented MSTUs, which
allows people to tax themselves to do projects, and they were very
interested in that as well.
So, overall, we felt that Collier County was doing a lot of things
right, and we were very reaffirmed by the services that we do
provide, but we also felt that it was well worth the trip. We returned
with some specific improvement suggestions that are being
incorporated into this budget process or being investigated further.
Personally, I felt that it gave me the opportunity to know some
employees I would not have known otherwise or maybe not have
known as well, and it also helped me to understand better how county
governments operate, so when I communicate with people in the field
in my code enforcement duties I just have a better working
knowledge of how things are going.
We have a new Ideas team that has been formed recently that's
going to Sarasota County, and we hope that they'll get some good
feedback on issues like transportation, recycling, and social services.
I didn't mention another team member -- or a couple of team
members. One that's not here is Claire Oss. She's with library
services, and she had jury duty today. Joe Cheatham was also a
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June 26, 2001
member of our team. He's your wastewater director. He had to bow
out at the last minute when he had to attend those sewage-meeting
talks, but he's part of the new team, and we hope that he'll do just as
well there as he did for us. He was a very good organizer. Thank
you for your attention.
CHAIRMAN CARTER: Thank you. Questions by the board.
COMMISSIONER MAC'KIE: I just have a comment. This is --
you know, of the many packages of the thick stacks of information
that we get from our county manager, this was very interesting, very
innovative, lots of creative ideas. I really want to commend you for
it, hope that it continues, and I would even love to get -- I mean, God
forbid -- more paper, but, you know, a list of which ones -- which
ideas did you decide to implement and which ones are you looking
into further because I almost wrote a memo saying these are the ones
I like, but then I figured that might be outside my authority, so I
didn't do that, but I really thought it was fabulous. MS. SULECKI: Thank you.
CHAIRMAN CARTER: It was a great report, and I concur with
Commissioner Mac'Kie. I think we'd all like to know which ones
eventually, Tom, that you'll incorporate. It's good to hear that we do
a lot of things well and that there are some areas that we can do
better, and that's the objective. And, again, I congratulate you, Tom,
for putting these teams together. Keep it up. We get better and better
as we go along.
MR. OLLIFF: We sent Stan out of town for a couple of days,
and they still think highly of us over here in Collier County.
CHAIRMAN CARTER: That's incredible. Was that before or
after his haircut?
MR. OLLIFF: I'll tell you, this is a great program. We really
enjoy it because, one, you heard that a lot of people who -- none of
those people do solid waste for a living, and yet they spent some time
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June 26,2001
looking at solid waste and bringing back solid waste issues, so it sort
of allows us to expand their horizons a bit.
A couple of the key things that we are implementing, obviously,
are the PUD monitoring on the environmental side, which was part of
the budget package that you reviewed, but we're also looking in
particular at the program that they had called Martin Cares, which is
sort of that citizens academy type program. Jean Merritt has actually
already provided a draft of a sister-type program of a Collier Cares
type of program, and she's going to go spend a little time with her
counterpart in Martin County. We hope to have something similar to
that in place by this season, but we'll provide you the follow-up list,
and we'll continue to allow the employees to come and make those
presentations when they get back from each of their trips, and we
look forward to the Sarasota team coming.
COMMISSIONER MAC'KIE: Can I ask, is anybody evaluating
their wetlands preservation standard about -- it wasn't "no net loss." I
forgot the phrase you used, but I'd love to see how that compares to
the wetlands ordinance that's in the process right now. You don't have
to answer. It's just a suggestion. It's something I'd like to see at some
point.
MR. OLLIFF: Okay. We can do that. That's fine. Team, thank
you very much.
CHAIRMAN CARTER: All right. Thank you again. That
brings us to our emergency services, hurricane update. Mr. Dunnuck.
COMMISSIONER MAC'KIE: He says he needs one minute.
Item #5B
PRESENTATION RECOGNIZING AMY TAYLOR FOR HER
WORK WITH THE COMMUNITY CHARACTER COMMITTEE -
PICTURE OF COMMITTEE PRESENTED
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June 26, 2001
MR. DUNNUCK: Yeah. I think we have-- we scrunched
something in between here today, and I was hoping that Amy Taylor
could come forward for a moment.
CHAIRMAN CARTER: Oh, here again, gone again, back
again. Okay. Sounds great to me. Lead on,
Mr. Dunnuck.
MR. DUNNUCK: Amy, please come forward.
CHAIRMAN CARTER: Come up in front of the cameras. You
can wear the hat, too, if you want.
MR. DUNNUCK: Unusually -- I'll just kick this off real quick.
Usually -- this doesn't happen very often, but due to the hard work
that Amy Taylor put into Community Character, the Community
Character committee actually came to me and asked if they could do
a small recognition for Amy for all her hard work, and with that I'll
turn it over to Jim Rideoutte who's the chairman of the Community
Character committee so he can embellish a little bit.
COMMISSIONER MAC'KIE: Jim embellish, it's hard to
imagine.
CHAIRMAN CARTER: Yeah. Good morning,
Mr. Rideoutte.
MR. RIDEOUTTE: Good morning. Until its expiration, I was
chairman. I had the honor and pleasure of serving as chairman, and I
can tell you this: In the dozen or so years that I've been active in this
community, I have never worked with a stronger group of people.
With myself being the exception, there were no shrinking violets in
that group.
COMMISSIONER MAC'KIE: Yeah. Right.
MR. RIDEOUTTE: One thing that we all agreed on was the
recognition of the work and support that Amy Taylor gave us during
the almost two years that we were in existence. And as a token of our
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June 26, 2001
appreciation and recognition of that, we have this picture -- endorsed
picture of all the members of the committee, and we would like to
present it to Amy.
I can tell you this, in keeping with the standards here, the criteria
for gifts to public employees, this is not worth very much monetarily,
but from a sentiment standpoint, it's incalculable. Thank you very
much, Amy, and thanks to Tom and the staff here for providing us
with such support. (Applause.)
MS. TAYLOR: I just wanted to say a few words.
I have been very privileged to work with the entire select committee
on Community Character. It is not very often that a government
employee can work on a project that is so particularly satisfying and
be honored for it by the people that they have been asked to serve.
Thank you very much.
CHAIRMAN CARTER: Okay. Thank you, Amy. Thank you,
committee.
Item # 10A
RESOLUTION 2001-262, NAMING AN ARTIFICIAL REEF IN
HONOR OF SGT. JEFF KLE1N- ADOPTED
Mr. Storrar, emergency management services update.
MR. STORRAR: It will take me just a minute to get my laptop
set up.
CHAIRMAN CARTER: All right.
MR. OLLIFF: As we did last year, Mr. Chairman, we just
wanted to take an opportunity at the beginning of the hurricane
season to allow Tom to give you a little briefing about where we are
in terms of our hurricane preparedness. Especially for the new
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June 26, 2001
commissioners, we thought it might be helpful to go through a
briefing.
MR. STORRAR: While the computer is warming up, I'm Tom
Storrar, your division administrator for emergency services. I placed
before you this morning a three-ring binder. Everything I'm going to
speak to this morning is provided in that binder, and our hopes are to
give you a desk reference document that should someone call you or
should you have a conversation with someone and they have a
question about the upcoming hurricane season, you'll have some
reference material at your fingertips that you could respond to on
that. I'm still waiting for the computer to warm up here.
COMMISSIONER MAC'KIE: Well, the high-tech version is
slow, but this low-tech version is very informative.
CHAIRMAN CARTER: Right. We really enjoyed the
presentation, Tom.
COMMISSIONER MAC'KIE: There's a lot of good stuff in this
booklet. I've never had anything so well put together since I've been
on the county commission. I appreciate it.
MR. OLLIFF: This is the technology that allows us to do our
jobs faster.
CHAIRMAN CARTER: Yeah. Right. But I think for our
listening audience there is a tremendous number of pamphlets that are
available and booklets. If you have any questions, if you contact us
we'll get those to you, because we really have a fine program here to
deal with the situation.
COMMISSIONER COLETTA: While we are waiting here, too,
if I may, Jim, last year I had the pleasure of going with Ken Pineau to
Ellisville (sic), Maryland for a mitigation -- recovery and mitigation,
a course on hurricane preventatives. It was a whole-week course. I'll
be going back this year for preparing for the storm and the storm
event itself, and I'm inviting people from the different municipalities
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June 26, 2001
to join me so that we can start to form a team.
CHAIRMAN CARTER: I think that's fantastic. I really
appreciate you taking the lead on that, Commissioner Coletta,
because there's no question that you need to be prepared. I've always
said it's not a matter of if; it's when. And when is when we want to
be ready.
MR. OLLIFF: Mr. Chairman, while they continue to get set up,
my recommendation would be that you go ahead and go to 10(A) on
your agenda, which is the sheriff's department --
COMMISSIONER MAC'KIE: I think -- aren't you there now?
MR. STORRAR: Pretty close.
COMMISSIONER MAC'KIE: It looks like they're there. No.
Okay. In a way this is sort of a memorial to Gary Arnold that, in
talking about hurricanes, we're having this much trouble with
computers because -- God bless him -- we wouldn't if he were here.
MR. DUNNUCK: While we're here Item 10(A) is a request to
dedicate an artificial reef after Sergeant Jeff Klein, and with that I
have members of the sheriff's office here today who would like to
speak to the issue, and I believe I even have family members of
Sergeant Klein here as well.
COMMISSIONER MAC'KIE: How wonderful.
MR. DUNNUCK: So I'd like to turn it over to them so they may
say a few words.
CHAIRMAN CARTER: That would be fine. Let's honor that at
this point. You keep your computer warm, Tom, and let us not hold
up these families any longer.
COMMISSIONER MAC'KIE: Would the family members be
comfortable coming forward as well? I'd sure like to get to thank you
for the service of your brother, son, father, whoever you happen to
be.
SERGEANT JOHNSON: Let me just say a few things. I'm
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June 26, 2001
Sergeant Dave Johnson of the Collier sheriff's office. On behalf of
Sheriff Hunter, who couldn't be here today, we wish to thank the
commission for taking time to do this. I'll be very brief.
Sergeant Jeff Klein was in the process of being transferred to the
marine bureau of the sheriff's office when he met his untimely
demise. As a community-oriented policing project, this was put
together through great cooperative efforts with county staff, and I
think it's going to be a wonderful thing for everybody. After that I
think I'll just let A1 say a few things.
THE COURT REPORTER: Your name, sir.
MR. ALAN KLEIN: Good morning. Alan Klein, father of Jeff
Klein.
CHAIRMAN CARTER: Good morning, sir.
MR. ALAN KLEIN: Good morning. I just wanted to give you
a short history of Jeff's life. We moved down from New York state
when Jeff was about eight years old. He entered middle school and
went into Civil Air Patrol, and I think then is when he fell in love
with the uniform. He spent four years in Civil Air Patrol. He went
into high school and entered ROTC and graduated at the age of 17
with the highest rank that can be bestowed on a student.
He applied for the United States Air Force and went in at the age
of 17. After his eight weeks of basic training, he applied for, again,
security, police security, and became an air patrol officer.
He was sent for about one year up to Minot, North Dakota, and then
went to Italy where he picked up the language fluently. He worked
for about three years on a NATO base and then became -- over many
of his peers, he applied for a job as a general's aide, more or less a
bodyguard, and he got the job because he could speak the language
fluently and also because of his impeccable record behind him.
He came up through the ranks quickly at this time. He was a
sergeant. After spending ten and a half years -- nine of them in Italy -
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June 26, 2001
- President Carter decided he was going to cut back on troops, and
Jeff decided he better grab the severance pay and run at that moment.
He wasn't sure where things were going to go. There was no more
security, job security. He came home and worked with me for a short
time. And although I gave him a uniform, it wasn't satisfactory. It
was a plumbing uniform. He decided he wanted to try the sheriff's
department.
So he went for it and did his training. The first 18 months in the
patrol -- in the sheriff's department he worked in the jail. Then he
went out on the road and worked up in the North Naples substation
for about six years. And during the six years he -- many of his off
days -- or many, many of his off days he worked 911 dispatch, not so
much for the money-- of course, everybody can use the money-- but
to learn more about the sheriff's department.
He went on to -- he was getting fed up with working the night
shift. It was taking a lot out of him. He couldn't get the right sleep,
and he started riding with the marine patrol and fell in love with it.
He loved all the guys. He loved everybody. Jeff was a real nice kid.
He just took to everybody.
He was tragically taken from us in May of last year. It was one
week before he was supposed to get his marine badge. He left a large
hole in our close-knit family. I know the sheriff's department missed
him because they've honored him to us in many, many ways. They
sent him off in grand fashion, which we appreciated very much, and
we've had numerous -- I couldn't count how many times the different
departments of the sheriff's department has come to my home or
called us or wrote us letters and kept in touch with us. Numerous
times they stated that we were a family member and we always
would be.
I want you to know that Collier County also lost a very fine
citizen. I wanted to thank, from the bottom of my heart, the sheriff's
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June 26, 2001
MR. DUNNUCK:
MR. DAN KLEIN:
Klein --
department mainly and all of the people that have put this thing up.
I'm very, very proud to be here. Thank you all very much.
COMMISSIONER MAC'KIE: Mr. Chairman, I'm very proud to
get to make a motion that we approve a resolution naming an
artificial reef in honor of Sergeant Jeff Klein.
COMMISSIONER COLETTA: I would be honored to second
that. I've known the Kleins for years. They were my neighbors
across the street for about 12 years, and the reason I picked the
particular piece of property that we moved to was because of the
Klein family. We were so impressed with them.
COMMISSIONER HENNING: And I would like to say that
I've known Jeff for a number of years. Most of the time I would run
into him in the hardware store in the fish and tackle department, so I
think this is a great tribute to Jeff Klein by this proclamation.
CHAIRMAN CARTER: Well, I'm honored also, sir.
I know no one will ever fill the void in your family. We in the
community can only say thank you for the contributions that he
made, and this is one small thing that we can do in his remembrance.
So we duly appreciate it, and thank you for coming to be with us this
morning.
I think he would like to say something.
Thank you. I just wanted to say that Jeff
THE COURT REPORTER: Your name, sir?
MR. DAN KLEIN: Dan Klein. Thank you. Jeff Klein, I could
say many great things because he was my brother, but he was a very
dedicated individual for the sheriff's department in Collier County.
You could see how dedicated he was just following the last couple of
years of his life. In '98 he tried for the marine patrol, if I'm not
mistaken, and was turned down. He found out why, because he
needed a couple other things that another guy beat him out on, which
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June 26, 2001
was a captain's license and a few other things, and he made it his --
he dedicated -- he was very dedicated and made sure that he met
those requirements, and in the following year he was accepted. Then
in a year -- a few things that I always remember was in October of '99
he made corporal. In December he made sergeant. In 2000 he made
marine patrol. That just shows how dedicated of an individual my
brother was. Thank you.
CHAIRMAN CARTER:
the motion.
(Applause.)
CHAIRMAN CARTER:
(Unanimous response.)
(Applause.)
CHAIRMAN CARTER:
Thank you, sir. It's my pleasure to call
All in favor signify by saying aye.
Thank you.
Item #5C
PRESENTATION BY EMERGENCY SERVICES REGARDING
HURRICANE SEASON UPDATE- PRESENTED
MR. STORRAR: Once again, I'm Tom Storrar, division
administrator for emergency services. What I'd like to do is give you
a brief overview of the 2001 upcoming hurricane season, where we
are from the emergency management perspective.
The first topic I'd like to address is the Big Cypress Basin. We
will have a representative at the EOC throughout the activation
period so that we can make sure that the outflow of water is properly
controlled. The gates opening usually depends on rain amounts
associated with the storm, so we really don't know until we know
what rain amount is associated with the impending storm. However,
usually 18 to 24 hours prior to hurricane-force winds we do open the
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June 26, 2001
gates to start releasing some of that water from the basin area.
We have the predictions from Dr. Gray from Colorado State
University. He's predicting 12 named storms this year, 7 hurricanes,
and 3 major storms. That has been adjusted about three times, but I
think this is his last final prediction for the upcoming season. I've
also included in your booklet the Safir/Simpson scale, which is the
scale we use, to determine the velocity of the wind and the amount of
storm surge that is associated with the Category 1 through Category 5
storm. That's enlarged in one of your tab areas.
Also, I've included in there a copy of the storm surge map, and
this is the intrusion in through the county based on our worst-case
scenario and, again, it's just an estimate. We've been tracking that
from emergency management over the years. If you look in the back
of your binder, you'll find out that our all-hazards guide has an
enlarged copy of that graphic in it.
Currently we have 24 shelters in Collier County. We can house
about 30,600 people. The number of shelters outside the storm-surge
zone are 9. The number of shelters with protection now is 14. We
have 3 shelters in the Category II storm zone, 7 in the Category III
storm zone, and 5 in the Category IV/V storm zone.
COMMISSIONER MAC'KIE: May I ask you a question about
that? So the 30,000 spaces is reduced by the category of the storm?
MR. STORRAR: Yes, ma'am. Right.
COMMISSIONER MAC'KIE: How many spaces do we have
outside of the surge? In the nine that we have, how many spaces
would we use?
MR. STORRAR: Spaces, I don't have that figure with me, but I
can get it for you.
COMMISSIONER MAC'KIE: I'd love to know.
MR. STORRAR: Yeah. We can provide that to you.
Some of the things that we're doing this year -- I included a
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June 26, 2001
couple of graphics. The product that you see before you that's being
installed at Pine Ridge Middle School is a fabric material. It's called
armour screen, and it's been on the market now about three or four
years. This is by the cafeteria area, and I think you can see a little
better close-up there on the next graphic on the right-hand side. It's a
mesh material. It meets or in some cases can exceed Dade County
code, depending on installation.
The good thing that we like about it is it's very easy to install, very
easy to take down, and you can get daylight through it. Most of your
hardened storm shutter applications are solid. They block out all the
light that might get in from the outside, whereas the armour screen is
able to let light through it. We will be using that in a couple other
projects this year. You have one in your consent agenda that you
approved today for Barron Collier. That same product will be used
there.
Special-needs shelter, Barron Collier High School continues to
remain a special-needs shelter. Also, the Immokalee Health
Department in Immokalee. However, if we have small numbers that
report to the Immokalee Health Department, we will transport them
to Barron Collier. Our total clients are 984, but I will tell you that as
of five o'clock last night where you see "special needs" and the
number "638," that's up almost to 700.
We are getting people signing up every day. Obviously our
seminars where we are out in the community presenting are starting
to take effect, and the people are starting to preregister, which we
definitely appreciate -- preregister special-needs client so that we can
accommodate them appropriately when they--
COMMISSIONER MAC'KIE: Tom, could you just take a
minute and tell the people who might be listening about who should
preregister and how to do it?
MR. STORRAR: Yes. The number they can call is 774-8444
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June 26, 2001
and ask for Patty in emergency management. She is our special-needs
coordinator, and she will go through the protocols. Anyone that
needs any special medical attention we strongly encourage to
preregister so that we can do a couple of things. We can be prepared
to receive them, but we can also provide transportation to and from
the shelter in times of need.
It's a very important thing because -- and I will tell you that every
time we have an activation, we do have people that show up that are
not registered at Barron Collier High School. You need to
understand that we will not turn anyone away, but it does put
unnecessary burden on our emergency staff when we have to get
those folks out. So it's very important to preregister, and I would do
it now, not later.
Our public seminars, the numbers obviously are increasing. We're
up probably now to in the 70s. As a matter of fact, Ken Pineau is out
this morning doing one up in the north end of the county. We've
done the CERT class, community emergency response team. We've
done eight this year. We've already done disaster preparedness
expos. We've done six, most of those with the major TV stations.
And, obviously, we expect that number to go somewhere between
125 and 140 before the season is over on public presentations from
emergency management.
We've got our new "all hazards" guide. I've included a copy of
that in the back of your binder for your reference. We've got 70,000
of those. We've already given out about 20,000 this year.
Then I've just included some sample publications. Most of these are
included in your binder. I won't spend a whole lot of time on them.
I do have one new publication. Thanks to the tourist development
monies and your approval to spend those monies, we have created an
emergency guide map. That guide map is to be handed out if we have
to become a host county. If a storm is coming in on the east coast,
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June 26, 2001
Collier County becomes a host county, and we intend to hand out
these maps as people come off the interstate. It locates and pinpoints
all of the hotels and sheltering locations throughout Collier County.
This is the first of its kind that we've done here. We received a lot of
interest from other counties. But we're just trying to accommodate
those folks that are going to come in and use Collier County as a host
county for evacuations.
Media support, the lead PIO is Jean Merritt, and you folks can
turn to Channel 54 as long as it remains on the air for regular updates
during the emergency operations center activation. The radio stations
that you can also get emergency information from is WSGL 104.7,
WGCU 90.1, and WMKO 91.7. We regularly broadcast on there.
And as we have had in the past, Carl Loveday will be inside the EOC
broadcasting live during all times of activation.
We still maintain our blast fax list. We maintain 53 separate lists,
but I can tell you there are thousands of numbers on those lists.
When we send that stuff out, it goes to the world. Probably close to
20,000 numbers are listed in our memory banks -- data banks there.
The internet information, we have recently updated part of our
internet, and we didn't get a chance to use this last year. We created
this little feature last year. That web address you see there,
www.colliergov.net/emergency/actions, a person can dial into that,
and we will keep that constantly updated. I will show you what some
of that looks like just as a real quick test.
If a person dials in, this is what they're going to get. They're going
to see that, and where you see "TD 12," that stands for Tropical
Depression 12. That's just the test data that we entered in there. The
name of the storm will be there. All the person would have to do is
click on that, and then you can see by the little tabs here -- for
example, if there were any evacuations that we were doing at that
time, it would be listed there.
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June 26, 2001
This is going to be live data that the EOC is going to constantly
update 24 hours a day as long as we have an activation. There's also
some links to the National Hurricane Center and to our primary site
through emergency management. So there's going to be a lot of new
things that we're going to do this year from the emergency
management perspective on that. We also have our emergency
management web site, which is www.collierem.org, that continues to
be maintained, updated, and we still have our one list, and that is
where people can sign up, and we will automatically -- every time we
get a communication from the National Hurricane Center, it is
automatically sent out to the recipients on that list.
COMMISSIONER MAC'KIE: May I ask you a question?
MR. STORRAR: Sure.
COMMISSIONER MAC'KIE: Is it easy to find that action site
if you just go to colliergov.net?
MR. STORRAR: That's correct. We currently have about 450
to 500 people signed up on our one list, and I can tell you we have
people all over the world internationally signed up who get
information, and we receive e-mail from them on a fairly regular
basis. We have received excellent feedback on that part of the
emergency management website.
Going to volunteers, we currently have about 65 trained
volunteers to man our phone banks and, again, those are manned 24
hours a day as long as the emergency operations center is activated.
So people can call in and get a live person on the other end of that
telephone that can handle their request. I think that's an important
feature that we all need to -- my hats off to those volunteers that do
provide us their time.
The Red Cross currently is active with our shelter management
program. They also respond with humanitarian efforts during
disasters. I'll add just a small plug here. They are in the process of
Page 3 5
June 26, 2001
purchasing an emergency response vehicle for emergency feeding out
in the field.
The health department, we have recruited about 30 to 50
volunteers from that community. They are going to provide the staff
support we need at the special-needs shelters to handle those special-
needs clients, and the Salvation Army and the Red Cross providing
the feeding out in the field.
We also have our community emergency response volunteers. We
have a coordinator, Joni Vander Till, and the EOC coordinates that,
who has done a superb job in recruiting organizations to assist us
during the activations in times of disaster. She's gone to various
religious groups, civic groups throughout the county to provide
assistance in all areas ofunmet needs. We currently have about 45
organizations that participate, and we have ongoing training down in
the emergency operations center.
Our R.A.C.E.S program, which is our ham radio operators,
amateur radio operators, we still have 50 volunteers. That program
continues to flourish, continues to grow. We've done some training
exercises and will continue to do that. They are the ones that provide
the emergency infrastructure for communications on the ham-radio
bands.
The NOAA weather radio, that's the program that we instituted a
year or so ago. That provides 24-hour-a-day weather information
specific to Collier County. If someone is going to purchase one of
those radios, they need to have S-A-M-E, which is specific area
messaging methodology, for that so you just get Collier County
specific information. I've included a graphic of what one looks like.
They're very small, very effective, and that's 24-hour-a-day weather
information 7 days a week 365 days a year.
The last item I have is -- and I've included a copy of County
Ordinance 84-37 in your packet. Basically that's a succession line of
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June 26,2001
authority. If-- and you can read that. I'm not going to go through
that in detail, but it identifies who can declare a state of emergency in
the event of a disaster. It authorizes such officials to take certain
emergency measures if they are required. And at this time I'll be
more than happy to answer any questions that you-all have.
CHAIRMAN CARTER: Any questions by the board, please.
COMMISSIONER HENNING: None on this side.
CHAIRMAN CARTER: All right. Tom, thank you so much. It
was very informative. And to our listening audience, all these
materials are available for you, and maybe you just want to clip this
part out of the tape this morning as you're watching and replay it
periodically to remind you what we all need to do.
MR. STORRAR: Thank you.
Item #6A
MR. HERB LUNTZ REGARDING THE 4TM OF JULY PARADE -
PRESENTED
CHAIRMAN CARTER: All right. Mr. Olliff, maybe we can do
the next item under public petitions and comments, Mr. Herb Luntz,
that's Item 6(A) and probably we could do B and maybe C before we
do a break. Mr. Luntz.
Is the president's flag in front of us this morning displayed? MS. FILSON: Yes.
MR. LUNTZ: Mr. Chairman, members of the board, Mr. Olliff,
Mr. Weigel, for the record, Herb Luntz, the military coordinator for
the 4th of July celebration. I have to do this. I'll try not to take too
much time because it's been a long morning, but some of my team
members are over there. There's also another one sitting in the back.
Would you guys please get up? We're going to have a little fun here,
Page 37
June 26, 2001
so come on. Chuck, get up. These folks -- these are some of my
team members.
(Applause.)
MR. LUNTZ: I have the most incredible team that you have
ever seen in your life, and there's one up here that you'll notice he's
taken his jacket off and, of course, Commissioner Fiala is also on the
team, and she's not in the country, but we look forward to doing it.
I gave to you a packet that talks about this year's 4th of July
celebration. I have to say that thanks to Mr. Olliff's support and the
support of this board and the Tourist Development Council and your
instructions to us when we came before you, we have taken an event
that used to be strictly a downtown Naples event, and we have turned
it into a county-wide activity that now stretches from the 3rd of July
all the way through the 7th of July.
We have some new activities that are going to be the first of their
type which include, for example, on Saturday, the 7th at Barron
Collier High School, we will have what they call a mini tattoo and a
clinic. Those of you that don't know what a tattoo is other than
what's on your arm, it's an old military term that's used when military
bands march in precision fashion, back and forth in front of bleachers
or audiences. And we have the Civil Air Patrol coming down from
the State of Maryland and Washington with their fife and drum corp
that will do a job out there on Saturday.
We have also asked the students in the Collier County school
systems, plus the Civil Air Patrol wing in Florida has invited a bunch
of their folks, to come down and view this because it's the only
musical group of its type in the entire nation. They will be in the
parade. The fife and drum corp will march that Saturday out there,
and then we've invited all of the students who have a musical
instrument to sit in and play and learn from these folks what a
handmade drum is all about, because they are handmade by the
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June 26, 2001
director out of wood, etc., etc.
It will be an incredible day. We're going to use the whole day out
at Barron Collier. We have the facility. Jim Thomas, the athletic
supervisor for the county, has worked with me on that along with
John Veit, your parks supehntendent. Of course, Lee LeMaster, a
retired major, used to be the commander for the CAP down here. It's
going to be an incredible activity.
Those of you that were there last year, you saw two F-15s fly
overhead at a thousand feet and 300 knots. This year we have four.
They will do the same thing in a diamond formation at 13 minutes
after 10. It should knock everybody's socks off. The jump, which
will be at Gulfview Middle School, will be with ten members of that
jump team from special ops out of McDill and, of course, they will
jump from 10,000 feet, free fall, pop their chutes at 2,500 feet, and
then the smoke comes out and everything else, and they will land in
that field.
We're going to do something different this year. Dr. Vince
Carroll, who happens to be the associate pastor at Naples United
Church of Christ, retired Navy captain and former chaplain at the
United States Naval Academy, came to me -- he happens to be my
pastor, and he came to me and said, "I'd like to do a brief memorial
service prior to the 4th parade."
He's going to do a 15-minute memorial service, nonecumenical,
nondenominational, right there at Gulfview Middle School. And, of
course, we will have a wreath-laying ceremony that he's taking care
of, and he wanted taps blown. It just so happens that we will have
the bugler that blow taps at Arlington National Ceremony as part of
the fife and drum corp that will blow it, so we know it's going to be
done right. Mark Branson could do it right if he was there, but we
don't need him for this. We have our own.
There will be a full-blown reviewing stand for those of you that
Page 39
June 26,2001
are going to be here right on Fifth Avenue and Sixth Street. It's being
built by part of our team. And part of our team, as I said, includes
Commissioner Coletta. He's working with Jim Elson and Chuck
Mahan from the Golden Gate fire district, etc., to put together this
thing and man it.
CHAIRMAN CARTER: Well, just don't let him fire the
cannon.
MR. LUNTZ: Sir.'? Sir, I didn't hear that.
CHAIRMAN CARTER: I said just don't let him fire the
cannon.
MR. LLrNTZ: We don't need to do that,
Mr. Chairman. We have enough armour all by ourselves coming
down from Fort Stuart, Georgia, and Patrick Air Force Base
including a thing called a hemmer, which is a ten-wheel all-terrain
wheeled vehicle that has the capability of firing -- to help fire
missiles which could take out, as they told me, Tampa Bay region if
we needed to take it out down from here. So it's going to be
incredible.
CHAIRMAN CARTER: A little more power than we had out
there this morning.
MR. LUNTZ: That's right. Power to the people, sir. Out at the
Vineyards Community Park on the afternoon of the 4th all these
vehicles will be on display. There will be another concert out there.
There will be all sorts of activities out there including the fife and
drum corp. And we are also very honored to have with us probably
the finest drill team in the nation. The Air Force has an honor guard
drill team consisting of 16 members, and we have the entire 16-
member team coming down. They're flying commercial to come
down here. And the Civil Air Patrol group that's coming in in two
groups is also flying commercial.
So if it wasn't for this board and for Mr. Olliff and my team, this
Page 40
June 26, 2001
event, which from what I understand is the only one ever done in the
United States that lasts this long and covers this much activity, this
would not be coming to pass. We are already working on next year,
and you'll find that out as we move forward. And I thank you,
Commissioner, and Commissioner Fiala, who's not here today, and
my team and everybody else involved. Our team is 22 strong, and
we're looking forward to an incredible day. And if you want to have
a little laughter, if you happen to be at the concert on the night before
the event, you will hear the guest conductor conducting that band,
and you know who that guest conductor is going to be. That should
invoke a little laughter, but I think once the baton goes up, the
laughter will cease, and the Turtle Bogie will come through.
I thank you and hope that we satisfied the desires of Mr. Olliff and
this board and TDC by making this truly a county-wide community
event.
CHAIRMAN CARTER: Thank you, Mr. Luntz.
(Applause.)
CHAIRMAN CARTER: I'd also like to thank you this morning
for the flag that is displayed in front of this dais. It was presented to
Mr. Herb Luntz by Omar Bradley, and we have properly displayed it
here this morning, again, as part of our kick-off event for the July 4th
festival.
MR. LUNTZ: And we thank you for that honor, sir.
COMMISSIONER MAC'KIE: What is the --
MR. LUNTZ: Yeah, Pam.
COMMISSIONER MAC'KIE: -- significance of this flag?
MR. LUNTZ: Ma'am?
COMMISSIONER MAC'KIE: Didn't this flag once fly
somewhere significant?
MR. LUNTZ: Not this one. This one was given to me, and it's
been basically in storage until this 4th of July celebration. We used it
Page 41
June 26, 2001
for our team meeting the other night. I brought it with me yesterday
to TDC. Chairman Carter said he would be honored to put it up here
this morning, and I am honored to be able to do that. Of course, that
flag represents the seal of the United States of America.
COMMISSIONER MAC'KIE: Thank you.
MR. LUNTZ: We are honored to be a part of all of this.
CHAIRMAN CARTER: Thank you, sir. Thank you,
committee. Any questions by the board?
COMMISSIONER MAC'KIE: No, just gratitude.
Item #6B
PRESENTATION FROM MR. RONALD SCOTT, PAST
PRESIDENT OF COLLIER COUNTY VETERANS' COUNCIL-
PRESENTED AND PROCLAMATION- ADOPTED
CHAIRMAN CARTER: Okay. Thank you so much. All right.
Let's move to the next item, which would be "B" presentation by
Commissioner Mac'Kie.
COMMISSIONER MAC'KIE: Actually, this is
Mr. Ronald Scott, past president of Collier County Veterans' Council.
MR. SCOTT: Correct. Good morning, Commissioners. Good
morning, everybody. I am the past president of the Collier County
Veterans' Council, which is 15 different veterans' groups within the
county. Today I'd like to thank all of the commissioners, Mr. Olliff,
and anybody that has helped me in any of the programs that I have
been very fortunate to chair.
I am going to be leaving the area, and that's why I wanted to come
today and thank everybody for all your support in the past years. I
am moving back to West Virginia where I was born. Family is very
dear to me, and this is something that I need to do. I just wanted to
Page 42
June 26, 2001
come today and thank everybody for all your support, and I wish
everybody luck in the future.
COMMISSIONER MAC'KIE: Scotty, if we can ask you to
come up here, I have a little something to read to you if you would be
so kind. This is a proclamation that reads:
"Whereas, Ronald Scott, known as Scotty, a twice-wounded
Vietnam veteran, member of the Americile division, has committed
himself to veterans awareness in Collier County; and, whereas,
Scotty has been actively involved in the Collier County Veterans'
Council, the Vietnam Veterans of America Local Chapter 706, the
POW/MIA awareness programs, the Naples Garden Cemetery
Memorial Day ceremony, and the Vietnam Veterans of America food
drive; and, whereas, Scotty has devoted countless hours
educating school-age children about the Vietnam War so that they
may have an increased understanding of this conflict and its
importance in America's history;"-- and if I may add,
Whereas, we are indebted to him for his military service, inspired
by him for his community service;
"Now, therefore, be it proclaimed by the Board of County
Commissioners of Collier County, Florida, that June 26th is Ronald
Scott Day commemorating Scotty for his outstanding contributions to
Collier County and his lifetime of service to veterans everywhere.
Done and ordered this 26th day of June 2001, Board of County
Commissioners, James Carter, Chairman."
I am honored to move for acceptance of this proclamation.
COMMISSIONER HENNING: I'll second that.
CHAIRMAN CARTER: We have a motion, and we have a
second. All in favor signify by saying aye. (Unanimous response.)
CHAIRMAN CARTER: Opposed by the same sign.
(No response.)
Page 43
June 26,2001
CHAIRMAN CARTER: Motion carries.
COMMISSIONER MAC'KIE: Thank you, Scotty.
CHAIRMAN CARTER: Thank you, Scotty.
(Applause.)
CHAIRMAN CARTER: I salute you, sir. Thank you, Scotty,
for everything.
COMMISSIONER MAC'KIE: The community's going to be
diminished by his leaving. It's certainly been enhanced by his
presence here, as has the country by his service, and we're grateful to
him very sincerely.
CHAIRMAN CARTER: Thank you, Scotty. You'll be missed
by all of us. Our loss, West Virginia's gain.
MR. SCOTT: Thank you.
Item #6C
MR. MIKE DAVIS, REQUESTING BOARD OF COUNTY
COMMISSIONERS CONSIDERATION FOR THE CREATION OF
AN MSTU FOR ROADWAY IMPROVEMENTS FOR ARNOLD
AND MERCANTILE AVENUES - STAFF TO TEMPORARILY
FILL POTHOLES AND PREPARE AN ORDINANCE
REGARDING THE MSTU - CONSENSUS
CHAIRMAN CARTER: All right. Moving to Item C, Mr.
Mike Davis.
MR. DAVIS: Thank you, Mr. Chairman and Commissioners.
My name is Mike Davis for the record, and I own commercial
property at 3661 Mercantile Avenue. Just as a side note, as a
Vietnam vet and for all the ones that aren't here today, good for you
the honor that you just gave Scotty. He's done so much for the
community. We appreciate that.
Page 44
June 26, 2001
The reason for my being here today is that we've got a bit of a
problem in the airport industrial park, as I know Commissioner
Henning knows with it lying in his commission district. There's an
area bounded by Mercantile and Arnold Avenues on the north and
south and Dean and Don streets on the east and west that still are
private roads. It was never dedicated to the county all those years
ago. We are experiencing continuing problems with potholes and
those sorts of issues. On occasion the county has done some
emergency repairs in the area.
The property owners have recently gotten together and, with the
help of Mr. Ed Kant from the transportation department, have started
the process of forming an MSTU to bring those streets up to the same
standards of the streets that lie to the south, Progress and Domestic
and those streets, from a street standpoint or road standpoint and also
a drainage standpoint. We already have sewer and water in the area.
That petition process just got put in motion, and from our initial
contact it looks like we'll probably be easily in the 75 percentile of a
favorable response, if not higher, by the property owners.
There are two issues, and they really are the reasons why I'm
before you this morning, the first being we respectfully request that
staff be authorized by the board to do needed temporary repairs,
filling of potholes and the like, particularly now in the rainy season
because that's when they really pop up. Those costs, needless to say,
would be reimbursed by the MSTU once it's up and running. I'm told
that there is precedence for this being done in the past.
As I said, with the rainy season upon us, it will certainly keep
those roads a lot more passable. And as I see all the great work being
accomplished on Livingston Road to the east, it looks like it's not
going to be long before that's open, and you have to appreciate that
that's going to change the traffic patterns in our park there certainly
from a positive standpoint, but we want to keep those roads
Page 45
June 26, 2001
serviceable certainly.
The second issue, and it's one of a legal nature, is we would be
interested in knowing that if the property owners saw fit for each of
us to front money to the MSTU before taxes are actually being
collected to speed the process of road construction along and then the
MSTU later pay back that money since it might not be all the
property owners -- and Mr. Kant may be able to speak more
intelligently to that point than I, you know, of what we'd like for the
board to do in the way of authorization today.
MR. KANT: Thank you. Good morning, Commissioners.
Edward Kant, transportation operations director. We've been
working with the homeowner -- pardon me -- with the property
owners group for probably six or eight months now. We've had
several meetings that were very, very positive.
The issues from our operational standpoint, as Mr. Davis points
out, are that we're not reluctant to go in there and do the work to fix it
up. However, it is private property, and we can't do so without
adequate authorization. We propose that if the board wanted us to try
to build something into the MSTU ordinance similar to what we did
recently with the Vanderbilt Beach property owners to help them get
a leg up so that they wouldn't have to wait a year and a half to two
years to actually see some work done in there, we certainly wouldn't
oppose it, but we felt it should be a board policy rather than a staff
decision.
We also discussed with them-- because, again, in their desire to
move this forward, several of the property owners have indicated that
they didn't have a problem in trying to help front some money.
Frankly, we're looking at about a million-dollar-plus project here, and
I don't know how many that's going to take or how much, but our
concern was -- again, and this is something that before we went to the
legal staff to try to work out whether or not we could do this, we
Page 46
June 26, 2001
wanted to make sure that there were no objections or issues that the
board felt was inappropriate.
COMMISSIONER HENNING: I think it is proper to give
direction to our staff to temporarily fill these potholes and create an
ordinance for the MSTU.
MR. KANT: Typically what we've done in the past, as Mr.
Davis points out, or at least in the ten years that I've been sitting in
this chair, is we have had that direction. We keep track of it like any
other project, and we know to the penny pretty much how much we
spend and, therefore, when the tax dollars come in, that becomes an
obligation of the MSTU up front.
CHAIRMAN CARTER: Well, I would certainly concur with
Commissioner Henning, and I would just like to see us move
forward, answer the legal questions through David Weigel's office,
and do whatever you need to do. At least I see two heads nodding.
Now I see three, four. You've got four that say go for it, so that's all
you need to do, Mr. Davis. Thanks for being here this morning.
MR. DAVIS: Thank you very much, Commissioners.
CHAIRMAN CARTER: Thank you very much.
COMMISSIONER HENNING: Thank you, Mr. Davis.
All right. At this point it is 10:30. We are going to give our
magic fingers a rest. We'll take 15, and we'll be back at 10:45.
(A break was taken from 10:30 a.m. to 10:55 a.m.)
Item #6D
MR. MIKE VOLVE SPEAKING ON BEHALF OF MR. KEITH
BASIK REQUESTING A PRIVATE ROAD ENTRANCE OFF
GOODLETTE-FRANK ROAD - NO ACTION TAKEN
CHAIRMAN CARTER: Okay. We're back in session. It's five
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June 26, 2001
minutes to 11. Welcome back to the Board of County
Commissioners Meeting on June 26th. We are now to the next item
under petitions which is Item No. D. Mr. Mike Volpe. Good
morning, sir.
MR. VOLPE: Good morning, Chairman Carter, members of the
board. For the record, my name is Michael Volpe. I'm here this
morning representing the American Funding & Service Corporation.
I've asked your county manager, Mr. Olliff, to just hand out a little
handout to you. If you'll follow along with me, it may make it a little
bit easier for the presentation. I've numbered the pages in the lower
right-hand comer.
Pages 13 and 14 show the location of the property. This is a 9 1/2
acre parcel of land on Goodlette-Frank Road. It's a little north of the
Highpoint Country Club. There's a plat map, and there's also a site
map that shows the location of the property. I'm sure that you're all
familiar with it. It's one of the only undeveloped sites on the west
side of Goodlette-Frank Road in that area. The zoning on that
property is RMF-6, but it is located in a traffic-congestion area and,
therefore, there is a limit of three units an acre on this site.
Back in 1998 there was a petition filed with the Board of County
Commissioners for a conditional-use approval to use this property for
an assisted-living facility. In that -- the project as it was designed
provided for driveway access from the project onto Goodlette-Frank
Road with an emergency access at the southwest comer of the
property connecting with 12th Street.
Back in 1981 the Board of County Commissioners and the city
council entered into a resolution requiring joint approvals from both
of those elected bodies to access along Goodlette-Frank Road. It was
as a result of that 1981 resolution that we went to the City of Naples
to determine whether they had any objection to that private driveway
access onto Goodlette-Frank Road, and there is included in your
Page 48
June 26, 2001
package, pages 9 and 10, a letter from Mr. George Archibald
indicating under certain circumstances that the driveway access off of
Goodlette-Frank Road onto the project site was acceptable to the city
and there would be no objection.
On page 9, the last sentence of the first paragraph, (as read):
"Assuming the project forgoes access to any of the surrounding local
streets, the resulting traffic patterns should minimize new traffic on
local streets, minimize any capacity constraints to Goodlette-Frank
Road, and conform to the county access standards."
Your own staff, Mr. Ed Kant, page 11, indicated that your staff
had no objection to the driveway access off of Goodlette-Frank Road
with the recommendation that there be no interconnection to any of
the residential streets in the area. That's at page 11.
The Board of County Commissioners approved the conditional
use for an assisted-living facility on the site. It was approved for 194
units. That was in 1998. Since that time the property owner has
proceeded with getting the necessary permits from South Florida
Water Management and actually has all of those permits in hand and
is prepared to proceed with the conditional use that has been
approved for the project, but he has begun to explore options that are
available to him. The underlying zoning is for single-family
residences, so the property owner is considering a single-family
residential community instead of the assisted-- (Loud hammering noise.)
COMMISSIONER MAC'KIE: They're going to check.
MR. VOLPE: -- instead of the assisted-living facility. Three
units -- should I continue, Chairman Carter?
COMMISSIONER MAC'KIE: It's a little distracting.
CHAIRMAN CARTER: There's an old commissioner in the
wall trying to get out.
MR. VOLPE: The ghost of Max Hasse.
Page 49
June 26, 2001
The property owner is prepared to proceed with the 194-unit
assisted-living facility, but has actually, as I said, begun to explore
the possibility of developing this property into single-family
residential units, three units an acre, maximum probably 27 or 28
units. But before he proceeds with those plans, he wanted to make
sure that there was a continuing no objection from both the city and
the county as to the private drive access onto Goodlette-Frank Road.
In your package on page 12, there's a letter from the City of
Naples dated yesterday indicating that from the city's perspective
they have no objection to the plan which would continue to allow the
private-driveway access to Goodlette-Frank Road. Paragraph 2 of Mr.
Archibald's letter-- (as read): "The prior BCC approval took into
consideration the desires of the neighbors, and the desires have not
changed in terms of not wanting interconnected streets, referencing
traffic calming on Cypress Woods Drive and limited
interconnectivity of the street system between U.S. 41, Goodlette-
Frank Road, and points north."
Mr. Archibald on behalf of the city has indicated that the city
continues to have no objection to the driveway access to Goodlette-
Frank Road if the property owner decides to develop it for single-
family residences. We're here at the suggestion of your staff at this
particular point in the process to ask for your direction to the staff or
some indication from the board in response to that 1981 resolution
that nothing has changed and that from the board's perspective, the
board would have no objection to the continuing private driveway
access off of.Goodlette-Frank Road onto the property site.
CHAIRMAN CARTER: Mr. Kant, before you begin, I've
reviewed this with Mr. Volpe, and I'm just going to go right to it.
What happens if you don't have an access out to Goodlette-Frank at
all, and you have 25 or 35 homes that can be built in there, and then
they use the regular roadway system, and there is no additional access
Page 50
June 26, 2001
to Goodlette-Frank? A, it will not be a gated community. B, it can
be an integration into the neighborhood, and it also would continue
with our new direction of interconnectivity. So I'd like you to
comment on all of that as you go through this, please.
MR. KANT: Thank you, Commissioners. Edward Kant,
transportation services director-- sorry -- operations director.
MR. OLLIFF: Mr. Kant, before you even get started, I'm going
to suggest to the board that it's probably the inappropriate forum to
even discuss or have this decision made. My suggestion would be
that the normal process of events, at least the way I understand them,
would be that the property owner would file for a site development
plan at which time the staff would provide whatever stipulations for
access and egress and ingress that they would, and then if there were
a disagreement on the part of the property owner in terms of the staff
stipulations, then they could appeal that, and then you would hear this
issue as an appeal of a staff decision on the site development plan.
But I don't know that you want to start setting a precedence of
making these land-use-type decisions or site-plan-interpretation type
decisions under public petition.
COMMISSIONER MAC'KIE: Well -- and if I could just say,
you know, it's making them in a vacuum, frankly, because, with all
due respect, Commissioner Volpe -- you see, old habits die hard --
this was -- this connection was approved under conditions that had to
do with an ALF. It didn't have anything to do with -- because I think
this is a piece of property that maybe your clients came to see me
about -- you and I haven't discussed it -- and I said to them, "Oh, my
goodness, this looks like the appropriate place for interconnection,
integration into the neighborhood to the west and, you know, if you're
not going to do an ALF, everything is different."
We don't have, by any stretch of the imagination, enough
information to make an informed decision, and if we just smile and
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June 26, 2001
nod and say, "Yeah. It looks good to the city and the conditions are
good the way" -- it's what they said in '98, we'll be in a big mess.
MR. VOLPE: I respect that position and the position of your
county manager, and I don't expect to change the direction that the
board seems to be headed but just to indicate to you that what we've
got is an approved project which would allow for the owner of the
property to proceed with driveway access onto Goodlette-Frank
Road. By converting to single-family residences, the trip generation
will be reduced by about 50 percent. The access along Goodlette-
Frank Road -- the property frontage is of a sufficient length to allow
for signals. So nothing has changed since your approval of 1998
except that instead of being single -- instead of being an ACLF of
194 units, it would be 30, maximum, or 28 single-family residences,
but that's the issue.
Staff suggested that because you had originally -- all we're talking
about is a change in the -- or going back to what the underlying
zoning is, staff indicated that it may be more appropriate to get
direction before you go through the site development plan process in
doing it as a single family if you have an objection now when you
can do it as an ACLF.
COMMISSIONER MAC'KIE: And this --
CHAIRMAN CARTER: Mr. Olliff--
COMMISSIONER MAC'KIE: -- really gives me an opportunity
to say, Mr. Olliff, that I think that these public petition items could be
monitored a little better before they get to us. I really think we're
getting some things in public petition that we don't need to, and this
is a perfect example.
MR. OLLIFF: And if we made that suggestion to the property
owner in this case, I'll take the blame for that. That was probably
poor advice on our part.
MR. KANT: Commissioners, Mr. Olliff, I'd like to clear the
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June 26, 2001
record, please. To the best of our knowledge, that was not the
direction. The direction that was given to the petitioner was that he
needed to go through the process and that the board would make the
final decision, and if there was a disagreement between the staff and
the petitioner, he had administrative review rights. So we did not
give him that direction. I would like the record to reflect that.
MR. VOLPE: And I apologize, Mr. Kant. I was told that there
was a member of the planning staff that suggested the public petition
process. I appreciate the board's indulgence. I apologize for having
placed this item inappropriately under public petitions, and we'll see
you at a later point in time.
CHAIRMAN CARTER: Okay.
MR. VOLPE: And enjoy your holiday.
CHAIRMAN CARTER: Thank you, Mr. Volpe.
COMMISSIONER MAC'KIE: Thanks.
Item #6E
REQUEST BY MR. JAMES CARR TO HAVE THE BOARD OF
COUNTY COMMISSIONERS CONSIDER WAIVING IMPACT
FEES FOR A GUEST HOUSE LOCATED AT 681 15TM STREET
S.W. - NO ACTION TAKEN
CHAIRMAN CARTER: I appreciate it. I think we're okay.
We can now move to Item E, request by James Carr to have the
Board of County Commissioners consider waiving impact fees for a
guesthouse located at 681 15th Street Southwest.
MR. CARR: Good morning. I'm a little nervous, so I'll just try
to give you the facts.
CHAIRMAN CARTER: You need to speak right into the
microphone, sir, please.
MR. CARR: My name is James Carr. The address on here isn't
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June 26, 2001
correct. The guesthouse is actually located at 3840 Seventh Avenue
Northwest, which is still the estates off of Weber. The property was
built in '79, and there was a permit for the main house, and a garage
was built. In '80 the owner of the property at that time converted the
garage into a guesthouse for their daughter to live in. Then the
daughter bought the whole property from her parents, I believe, in
'86. I bought the property from her in '96, and it turns out that the
guesthouse was never permitted.
I had code enforcement come out and tell me that I need to get a
permit or tear it down. Eight months later I'm here after finally
getting through a lot of problems through Horseshoe Drive and
getting the proper permits filed and all of that. I am now told that
there's impact fees of over $4,000 for the guesthouse. I was told that
the only people that have the authority to waive those impact fees
would be the commissioners.
COMMISSIONER HENNING: Mr. Carr, is this guesthouse
being utilized as a guesthouse?
MR. CARR: When I purchased the property in '96, it was
marketed to me as two houses with income potential to rent out the
guesthouse, not knowing I couldn't do that.
COMMISSIONER HENNING: Is that in writing?
MR. CARR: It was marketed to me that way through Naples
Realty. I've been told I can sue about six different people, but I chose
not to go that way.
COMMISSIONER HENNING: That's where the responsibility
falls upon from what I hear. And I don't know if it's used as a
guesthouse, but maybe another option is to turn it back into a garage
and use it for that.
MR. CARR: That was one option. It would have to be a
cabana-type thing to convert it back. But I bought it with the
intention of living in the main house, renting out the guesthouse not
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June 26, 2001
knowing I couldn't do that.
COMMISSIONER COLETTA: This is fairly common.
We see the same thing out in the estates where guesthouses aren't
permitted for renting, and quite often they're sold with the idea that
people can rent it out. It's passed onto the realtor. We have people
come to us all the time saying, "Well, I was told I could do this."
Well, they were told by them and not by the realtor and not by the
Collier County Commission. There are certain rules that have to be
followed at all times. As painful as it may be, from where I'm sitting
here right now, I would say you probably have to go through the
whole process.
MR. CARR: Which I have. Because of code changes and all of
that and because of the size of the lot, it's grandfathered in. I have
aerial photographs to prove when it was built. I've got tax -- it started
getting taxed in '86 through the tax ledgers. I am now at the
permitting stage. I have to either upgrade -- you know, once the
inspections are done, I might have to upgrade certain things, but
when I went to get the permit, there was $4,000 of impact fees that I
wasn't aware of.
COMMISSIONER HENNING: Mr. Carr, I am sorry that the
realtor misguided you on the sale of this property and what you can
use it for. I'm sorry that they didn't inform you there was a permit for
the conversion of the garage to a guesthouse. But it does not fall
back on the taxpayers, and that's exactly what you're asking for us to
do. I don't know if that's a true benefit of the taxpayers as a whole.
CHAIRMAN CARTER: I believe it's a civil issue, sir. I mean,
you know what you need to do to become in compliance. You have
to pay the $4,000. Then if you choose to go back and deal with the
realtor or anyone else who was involved in that, I think that's your
civil right. But I agree with Commissioner Henning that I cannot put
the burden on the taxpayer because of a civil matter. That's where I
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June 26, 2001
am.
COMMISSIONER MAC'KIE: It sounds like that's the majority.
COMMISSIONER COLETTA: Same thing.
CHAIRMAN CARTER: It's the majority of the board, so I
would suggest you proceed with our system and then take your other
cause into civil court.
MR. CARR: Two reasons why I was here is, one, as a taxpayer
to ask for a little relief of what I've gone through because it has been
taxed -- the tax has been paid on that property since '86 for the last 15
years. The other issue was to put a bug somewhere so that other
people don't go through what I've gone through.
I think the code system 15, 20, 25 years ago was very lax to where
it is today. So I was also going to request or ask or put a bug in your
ear that at some point along when people buy property in Collier
County, somebody should be responsible for pulling permits and
making sure that all of the things on there are viable. In other words,
whether it be at a closing, whether it be a real estate agent, whether it
be the title insurance company or something because I know I can go
up every street in the estates, and there are probably thousands and
thousands and thousands of infractions that are out there. But the
only ones that get caught is usually through a vengeance of-- i.e., me
-- a tenant who didn't pay rent. I went to evict him, and he knew the
code, and he called code enforcement.
So there's not a level of justice in the code enforcement out there
because, like I said, you can go up every street and find 10, 15, 20, 50
infractions that are out there, and the ones that are paying the price
are people like myself.
CHAIRMAN CARTER: Commissioner Mac'Kie, you are a real
estate attorney.
COMMISSIONER MAC'KIE: Well, he makes a good point.
The answer to the question of whose responsibility it is is the
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June 26, 2001
individual property owners and then whatever agents you hire to
represent you, if it's a real estate agent, a lawyer, a title company,
whoever it is. I think the point that I'm hearing that I do have some
curiosity about is is there any kind of recordation in the land records?
Is there anything in the land records so his title company or his
lawyer could have told him that this is an unpermitted building, and I
don't see how he could do that. So, you know, I just don't know how
to solve the problem.
MR. CARR: Well, it's on the property appraiser's card.
COMMISSIONER MAC'KIE: It's on the property's card?
MR. CARR: Whether it's being taxed or not or what year it
started being taxed or the permit itself.
COMMISSIONER MAC'KIE: I mean, I would be curious to
have staff determine if there's a way that we could record some notice
in the land records that would notify people in circumstances like his
so that if a realtor is saying this was a permitted building --
MR. OLLIFF: How would we know that?
COMMISSIONER MAC'KIE: Well --
MR. OLLIFF: I guess that's the question. I have wondered why
on a title search in this particular case it wouldn't have showed the
single living structure as being the property, and that should have
raised the flag then that if there's a second structure that doesn't show
on the title -- that's the only way I know of that this would have
shown up.
COMMISSIONER MAC'KIE: Structures don't show on titles.
COMMISSIONER COLETTA: One thing I can assure you is
that the realtor was probably aware of the fact that you can't rent
these dwellings out in the estates.
COMMISSIONER MAC'KIE: Or should have been.
COMMISSIONER HENNING: No questions from me,
Mr. Chairman.
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June 26, 2001
CHAIRMAN CARTER: All right. Mr. Dunnuck, do you have
any comments?
MR. DUNNUCK: No comments at this time.
CHAIRMAN CARTER: Okay. No questions from the rest of
the board.
Sir, again, I regret the situation you're in. We do know that there
are problems and just hope in the future we can, from our part,
address them as quickly and as effectively as we can. But, again, the
real estate community does have an obligation to its clients and,
again, anyone that's buying property. It's called due diligence. You
can't be careful enough. You have to flip all the stones over is what I
always say.
MR. CARR: Thank you.
Item #6F
REQUEST BY MR. WILLIAM L. HOOVER ON BEHALF OF MR.
LARRY GODE TO HAVE THE BCC CONSIDER GRANTING
CREDIT FOR PREVIOUSLY PAID APPLICATION FEES AND
REAPPLYING FOR A STANDARD REZONING - NO ACTION
TAKEN
CHAIRMAN CARTER: Moving to the next item, F, Mr.
Hoover.
MR. HOOVER: Good morning, Commissioners. William
Hoover representing Larry Gode. This was a petition that came
before you about two months ago that was continued, and since then
we've met with Chairman Carter and the Naples Park Civic
Association. One of the suggestions that came forth from these
meetings was that rather than pursuing the C-3 -- the property's
already zoned C-3 -- would Mr. Gode, who's a builder, downzone the
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June 26, 2001
C-3 property to RMF-6 and put a single-family home on that as well
as the neighboring property that's zoned RMF-6. He said he would
do that if he received credit for the previous fees towards the new
application. So, essentially, based on input from the civic
association, he's willing to downzone the property from commercial
to residential. In this case it makes it a relatively easy review for the
county because Naples Park is already a residential subdivision that's
approved. So we have no traffic study to approve or review, no
environmental study to review. The planning staff already knows the
neighborhood from being around there. So it makes the petition
almost ready for advertising and going to the Planning Commission
and then eventually back to the board.
CHAIRMAN CARTER: Questions from the board.
Miss Murray.
COMMISSIONER MAC'KIE: That's another one that makes
me nervous. I don't know why we're doing this in this forum. I don't
understand why we should do this. I don't know what the public
benefit is, why the taxpayers ought to be paying this application fee.
You know, a developer came in with an idea, it didn't work out, and
now he's got another idea. Please pay the fees and go on about your
business. If we start, you know, tipping this domino, I hate to see
where they'd go.
MS. MURRAY: I don't have any other additional comments
other than we would not support the request.
CHAIRMAN CARTER: Any support on the board for the
request?
(No response.)
CHAIRMAN CARTER: It looks like you can go forward, but
you have to continue to pay whatever fees you work out with the
planning services group.
MR. HOOVER: Okay. Thank you for your time,
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June 26, 2001
Commissioners.
Item #6G
MS. CHERYL NEWMAN REQUESTING AN INTERPRETATION
BY THE BOARD OF COUNTY COMMISSIONERS REGARDING
"OUTSIDE STORAGE" IN C-4 ZONED AREAS - STAFF
DIRECTED TO BRING BACK REVIEW ON C-3 AND C-4
INTERPRETATION ON 7/31/01
CHAIRMAN CARTER: Thank you. I'll move to next item, F --
I'm sorry, G, by Miss Cheryle Newman.
MS. NEWMAN: Good morning, Commissioners. For the
record, Cheryle Newman, vice president of the Golden Gate Civic
Association. This morning I've asked to come before you to request
the BCC to provide an interpretation of two SIC codes or standard
industrial --
COMMISSIONER MAC'KIE: -- classification.
MS. NEWMAN: Okay. That's it. The first one being 75-49
and the second one, which also is referenced in 75-49, is 75-21. They
are allowable uses for zoning within a C-3 and a C-4 zoning under
the Land Development Code.
The issue before me, actually, which I'd like you to review, is
they're not completely definable. They're very confusing, and it's very
difficult to understand exactly what you're saying or what you're
asking in the zoning ordinance itself. The reason I'm before you
today would probably point to maybe one issue that's at hand. Rather
than pinpoint one issue that they are going to come up here and there
with, we thought it would be best if the BCC would possibly direct
staff to look at this in the overall for all the undeveloped pieces of
property within Golden Gate and maybe other areas within the county
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June 26, 2001
that would fall under these SIC codes.
COMMISSIONER HENNING: Cheryle, I think -- let me try to
get in my mind what you're asking for. You want us to interpret the
automotive uses in C-3 -- that's what that 75-28 or 29 is -- and how it
got there. You want the Board of County Commissioners to interpret
that. Also in your letter in the packet it says outside storage in the C-
4 area.
MS. NEWMAN: Right.
COMMISSIONER HENNING: Are you asking the board to
interpret if that's allowable?
MS. NEWMAN: Correct. The issue at heart -- and rather than
just, like I said, pinpoint one specific location, the use is going to abut
directly to residential property, which I don't feel -- well, the civic
association doesn't feel that we should be fighting each one
individually every time one of these come up.
There are a lot of uses along Golden Gate Parkway that are zoned
C-3, C-4, and these could also come up. With the master plan
coming around again, it's very important that these be defined before
that happens. And, yes, you're correct, outside storage is one of the
biggest situations; automobile outside storage for this one specific
location. But rather than, like I said, pinpoint one specific location, I
would rather see it all-encompassing. I don't know what else to say.
COMMISSIONER MAC'KIE: Mr. Manager, again, this looks
to me like something that needed to be managed better before it got
to us because isn't the process here that if you desire an interpretation,
you request an official interpretation; if you like it you live with it, if
you don't like it you appeal it to the board?
MR. OLLIFF: I'm not sure that they have standing to ask for
any interpretation in this particular case. I mean, they're not -- as a
civic association, generally, these have shown up under public
petition. When a civic association or a citizens group wants the
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June 26, 2001
board to address a certain issue in the zoning code, this is the way
that I'm familiar with it, at least.
If the board is willing and wants us to go back and take a look at it
and bring back an item for the board's decision in terms of what the
interpretation is on C-3 and C-4, outside storage in particular, as it
relates to automotive uses, we can do that. Mr. Dunnuck, why don't
you also give us some indication of when you are handling the entire
C-3 and C-4 reviews with the board which might kill two birds with
one stone here.
MR. DUNNUCK: Definitely. For the record, John Dunnuck,
community development and environmental services interim
administrator. Tom's correct. That's on the docket for this coming
fall in the Land Development Code cycle. The way I kind of see the
cycle working is that we would back out and have almost a workshop
discussion with the board at some level to get an indication of where
they would want to head in the Land Development Code so that we
wouldn't be bringing it to you at the very end of the cycle. We would
have the broader discussion early on. I would anticipate that that
would probably be sometime in October.
COMMISSIONER COLETTA: John, do you think at that time
that we might be able to get ahold of the Golden Gate Civic
Association and make them aware of it so that they're prepared to
come here?
MR. DUNNUCK: Absolutely. I think part of this whole
process needs to be a public-participation process because we're not
talking just Golden Gate. We're talking about the entire county when
you're talking about C-3 and C-4. That's the broader issue that we
need feedback on.
COMMISSIONER HENNING: Exactly. I agree that it's
broader, not just in Golden Gate. But in this interim process there are
applications for site development plans for specific uses, and we're
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June 26, 2001
looking at a potential grandfathering in a lot of uses that wouldn't be
fitting in each and every one of our districts.
So I think the request is something that we need to look at and
deal with. We've got July 31 st as our next meeting to bring it
forward. In the meantime, Mrs. Newman, I'm sure, can meet with
each individual commissioner to tell the whole story.
CHAIRMAN CARTER: Well, I don't think, if I'm hearing Mr.
Dunnuck right, that we'd be ready by July 31 st. If you can look at C-
3 and C-4 and its application throughout the county, factoring in what
Miss Newman is requesting this morning, all of that could be brought
back at once. At least that's what I thought I heard you say, Mr.
Dunnuck. And along with that we would be looking at how huge
doors face the thoroughfares -- as a recent Firestone or Goodyear
operation has these big doors facing the road which could have been
accommodated to the side or the back, and the pleasant part of the
building could have been facing the arterial. So I hope all of that is
addressed in that review process.
MR. DUNNUCK: Well, certainly, I concur. I think we're
talking about one specific issue as part of the C-4 district here which
we would be happy to bring back in July if the board would like.
However, I would like to keep it to a broader discussion because I
think they all kind of fit together from the perspective of what the
board is looking for and what the board sees in those particular
zoning districts.
COMMISSIONER HENNING: Well, we definitely don't want
a Beachcomber issue coming up before the board and everything
being played out in the paper, so I would like to see it done in July at
our last meeting.
CHAIRMAN CARTER: Well, as long as it fits the picture. I do
not like making decisions in isolation, so I would prefer if we can
monitor everything -- I don't want another Beachcomber anywhere in
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June 26, 2001
these issues. But I really feel that -- I defer to staff. If they can bring
us back the big picture in October and deal with everything rather
than making one decision in isolation only to find out later it doesn't
fit the picture -- that troubles me.
COMMISSIONER COLETTA: I have to agree with you on
that, Mr. Carter. I do agree that some of these changes that have
taken place over the years are not beneficial to C-3, C-4, and
especially the residential area, but I can't understand how we ever got
to the point that use, like storage use, becomes a permitted use where
different other parts that were originally in C-5 were allowed in C-4.
I don't know how these stuck in over the years, but they certainly
have to be addressed.
I would have a problem trying to take care of it at the next
meeting on such short notice. We wouldn't be doing the public a
favor to bring it up and try to move it forward in a short time. It has
to go through the regular process. But I wish there was some way
that we could put a freeze on future ones happening until that point in
time that we can address it in October.
CHAIRMAN CARTER: Mr. Olliff.
MR. DUNNUCK: I would recommend against that in the
interim until -- you know, you're going to have a pretty full docket on
July 31 st to begin with with millage and everything else coming back
and, frankly, you'll have a heavy workload with having six weeks off
or four weeks off. But we will work hard, and I'll follow up with a
memo to the Board of County Commissioners outlining a time line
specifically on this issue.
But you're correct in the fact that it's been about 12 years since
any of these districts have been looked at from a whole, and that's
why it's going to take some time. I mean, this is a major undertaking.
This is one that involves the development community, involves
property rights, and one which we need to be careful and not rush
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June 26, 2001
through.
COMMISSIONER COLETTA: But we did handle the one on
the storage units. They're no longer a permitted use. They're a
conditional use; is that correct?
MR. DUNNUCK: That's correct.
COMMISSIONER HENNING: Storage units where?
MR. DUNNUCK: C-4 district.
COMMISSIONER HENNING: But warehousing is allowed in
C-4, am I correct, or are you talking about outside storage?
MR. DUNNUCK: No. I'm talking about the air-conditioned
storage units that the board approved through the last land
development --
COMMISSIONER HENNING: As a conditional use.
MR. DUNNUCK: As a conditional use.
CHAIRMAN CARTER: Mr. Olliff or Mr. Weigel, any
comments here that we need to factor into this discussion?
MR. OLLIFF: The only thing I would give for the board's
consideration, at least, is you are, I think -- there's no way we can
bring all of C-3 and C-4 type of discussions back to the board on July
31st. First, I would never recommend that you try and tackle both a
mid-summer meeting and an entire review of a zoning district at the
same meeting. But if the board wants to look at this one particular
interpretation issue, we can certainly bring that back to the board at
that one meeting and then have the other discussion, the full-blown
discussion, on those zoning districts later in the fall as Mr. Dunnuck
has recommended.
CHAIRMAN CARTER: Looking at that day in July, I would
defer it to the fall, again, because I don't -- I'm hoping that -- you
know, I'm really hoping nothing happens in between.
COMMISSIONER COLETTA: One issue wouldn't be that big
of a deal, though. I mean, we're not talking about the whole thing. Is
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June 26, 2001
this one issue, or is it more than one issue?
COMMISSIONER HENNING: It's basically one issue.
Working with the civic association, I thought this was the best avenue
besides playing it out in the media. So there is -- I think this is a
great compromise to try to deal with this before it does end up being
an egg in the face of the county again.
CHAIRMAN CARTER: Can we accommodate that,
Mr. Dunnuck?
MR. DUNNUCK: Yes.
CHAIRMAN CARTER: Okay.
COMMISSIONER COLETTA: What is that one issue we're
going to accommodate?
COMMISSIONER HENNING: I think Mrs. Newman can talk
to you individually.
MR. OLLIFF: We're actually talking about getting the board to
discuss an interpretation of outside storage as it relates primarily to
automotive uses within the C-3, C-4 district at the July 31 st meeting,
and then we'll cover the C-3 and C-4 district in total in the fall.
COMMISSIONER COLETTA: Okay.
CHAIRMAN CARTER: Okay. I'm all right with that.
MS. NEWMAN: Thank you very much.
CHAIRMAN CARTER: Okay. Thank you, Miss Newman.
Item #6H
PUBLIC COMMENT ON GENERAL TOPICS
We go now to public comment on general topics. Do we
have any speakers, Mr. Olliff?
MR. OLLIFF: Mr. Chairman, you actually have four speakers,
and I'll call the first speaker, and then I'd ask the second speaker to
just be ready and be on deck, if you will. The first speaker is Robert
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June 26, 2001
Jenkins followed by Ty Agoston.
MR. JENKINS: How are we doing, Commissioners? My name
is Rob Jenkins, for the record. On the 12th or the last meeting we
honored or we spoke with the students working against tobacco, and
we told them what a great job they were doing and how we
encouraged them to keep up the good work. But on the same very
same day the Governor and the Cabinet removed the restrictions from
putting state money into tobacco stocks. I thought that was kind of
like a slap in the face to these young kids who are working so hard to
keep people from getting on tobacco to have the Governor do this,
and I was asking if perhaps there's a way that this board or this
county could send a letter to the Governor in the form of a resolution
asking them to reconsider investing in the tobacco stocks.
I sent them an e-mail, and the response I got was rather
interesting. It says (as read): "The Governor's an avid supporter of
anti-smoking programs such as the youth-targeted Truth campaign
which will earn $39.1 million in state funding this year. That state
funding comes, of course, from the tobacco settlement that we sued
as a state to receive money for treating sick smokers. However, he
does have a fiduciary responsibility to thousands of members of the
retirement system. Consequently, the Governor feels that this should
not be the state pension fund for political or social policy."
I think it's more of a health policy rather than a political or social
policy, so I would ask that the board, if they could, I mean, if it's in
your power, to send a friendly letter to the Governor asking him to
reconsider investing in tobacco or divesting into tobacco. That's
pretty much it.
CHAIRMAN CARTER: Okay. I thank you very much, sir.
The next speaker.
MR. OLLIFF: Mr. Chairman, on that one I need to know
whether there's enough board interest for me to bring that back on a
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regular agenda or not.
COMMISSIONER COLETTA: I have an interest.
CHAIRMAN CARTER: Well--
COMMISSIONER COLETTA: But I could take it up with Bob
separately and then come back to you with it, and maybe we can --
CHAIRMAN CARTER: Maybe you want to work that out.
You see, Phillip Morris, yes, they do sell tobacco products, but
they're also Kraft Foods. I really hate to get into telling somebody
how to invest dollars in a pension fund portfolio. It's really a matter
of economics and return on investments in a system that's a free
enterprise, and I don't like to go there. I think that's got to be sorted
out. I'm not going to go down that slope. Thank you.
COMMISSIONER COLETTA: I won't get into an argument
with you on it, but I will work with Bob and just come back with it
later on my own.
CHAIRMAN CARTER: Fine.
MR. JENKINS: Thank you very much.
COMMISSIONER COLETTA: Thank you.
MR. OLLIFF: The next speaker is Ty Agoston followed by
Laveme Franklin.
MR. AGOSTON: Good morning, ladies and gentlemen. My
name is Ty Agoston. I'm the co-president of the Taxpayers Action
Group of Collier County, and I'm speaking for them. You have
embarked on a very questionable journey in promoting indigent
healthcare. The issue has been thought of by many people. It's an
ideal vote-buying mechanism for the people who are receiving and,
of course, a counterproductive one for the people who are paying for
it.
I believe that the way the issue was presented was not exactly
ingenuous, meaning when you start with $16 as the potential cost for
this, it's really -- you probably could say this -- and I don't want to
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June 26, 2001
come across too harsh, but the fact of the matter is that based on the
proposal I have read, we are talking about 200 percent of the national
poverty rate, which amounts to somewhere in the area of $34,000 for
a family of four, which is actually over the average wage earner's
income in Collier County based on Mr. Mihalic's presentation to a
radio program he was on.
Now, are we really talking about covering the bulk of the county
with medical insurance? And, of course, we're not talking about $16
because $16 is ridiculous even based on a $100,000 home, which
belong to many in Collier County. So what I'm trying to protest or,
actually, we are trying to protest is the method of selling this idea.
We are approaching it dishonestly. We should lay it in front of the
voters. I believe that for you to sit there and believe that you know
better and make a decision that involves such a financial burden on
the residents of the county is not fair to your constituents.
I believe that as large of an expense that you are embarking on,
they should have the right to at least make a comment, rather than
you bringing it in piecemeal and essentially walking into this under
some -- well, actually, a lot of misrepresentation. You know, you
always hear the people who are promoting this idea about the $16.
Now, we all know that it's not going to cost $16. Does that sound
very good to promote a free healthcare system? Well, there are many
nations who provide one nationally, and still the American free
enterprise system provides the finest healthcare in the world, and I
don't see that any of us or any of you, for that matter, should interfere
with a very well working system.
If anyone needs financial assistance, there are other mechanisms
that are already in place, and if they should be increased we should be
talking about increasing them. We should not be getting involved on
a county level. I'm not sure whether you have the financial and the
demographical expertise to make a judgment such as that.
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June 26, 2001
And the fact that you resent putting the issue in front of the voter
does not really become of you. I mean, you're more open than that.
You're more ready to ask the voter for a judgment. And at this point
in time I would love to ask you to reconsider, among many other
people who have asked you, and put this issue in front of the voter. If
we're going to embark on the issue, please give the voters a chance to
express their opinion. Thank you very much.
CHAIRMAN CARTER: Thank you. Next speaker.
MR. OLLIFF: The next speaker is Laverne Franklin followed
by Alex Brown.
MS. FRANKLIN: Good morning. It's good to see you again.
I'm here representing the NAACP as its president. We did send a
letter to Sheriff Hunter, and we met with him last week, and it was a
very productive meeting. We did set down some guidelines and
some requests, and we will be meeting with him on a monthly basis
to resolve some of the problems about racial profiling and other
concerns that minorities have in the county. I do believe all of you
did receive a letter that I sent last week.
COMMISSIONER MAC'KIE: Yes.
MS. FRANKLIN: Good. I did request formally for it to be
placed on the July 31st agenda. Today I'm just saying hello again
and saying that we do need your support. And even though some
laws have been passed addressing racial profiling, it's minimum. We
are here to seek your support.
We need to be very aggressive in how we address racial profiling
because it is real. Most people don't believe it. They think it's
perceived; it's something made up, but we know that it's real. And
we're asking the county to address it, you know, in a manner -- and
that you are supportive of racial profiling -- its ban on racial
profiling. So that's why I'm here today.
The next observation is that when Pastor Wicker did his
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June 26, 2001
invocation and he stated, you know, eloquently, that -- he talked
about diversity. But there's one observation I did make, that there
was no diversity when people were presented as far as heroes of the
war, you know. I would like to state that African-Americans have
participated in all conflicting wars throughout American history.
And I think when we give displays, when we do public
ceremonies of any kind, that minorities should be included. That
happens a lot of times. People don't think that we contribute to
history, and actually we do. I think when you do something county-
wide -- and we also had this in the city -- that minorities need to be
considered, and we need to be showcased just like anybody else
because it's real. I think that happens a lot of times that we don't get
represented. Problems come in, and there's racial tensions because
everyone is not represented, so we need to be really vigilant about
that.
One thing I want to talk about, too, is that the NAACP promotes
prevention and research of AIDS and also with HIV testing. On the
27th of this month, we are encouraging people to be tested. African-
American, Hispanic, and Haitians are not coming forth. They're not
being tested. I also understand that funds have been cut for research
and prevention. I would like to state that I have not done a lot of
research on this aspect of it, but if that is indeed true, we need to take
a look at that. Here in Collier County and in Florida the numbers are
epidemic. I'm asking you, you know, as County Commissioners that
if you did indeed cut funds, if you can increase the amount of funds
towards research and prevention of AIDS, then please do so.
I also understand that you've broken down into different
committees. The NAACP -- and I also have talked with other
minorities, Haitians, Hispanics, and we're very interested in being an
arm of the government. So we come in peace. We come with our
sleeves rolled up, you know, to address a lot of different issues that
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June 26, 2001
are impacting minorities throughout this county. So please take
advantage of our services, and call me when you need us. Thank you
very much.
CHAIRMAN CARTER: Miss Franklin, thank you so much.
Just a couple of things that you raised this morning. Let me deal with
the last one first.
As always, any member of the community is welcome to come to
these committees. I think all of us would value if people or the
NAACP or other organizations say "we want to recommend" or a
person to step forward and say, "I want to serve on this." They'd be
more than welcome.
Number two, the honor guard for the continental presentation this
morning is part of the Friends of the Museum. I'm sure they would
welcome any member of any community to come join that group and
be a part of it. It's an open door, and I'm sure Charlie Abbott would
love to have a member of the Afro-American community be a part of
that.
I do know the role that they did play in the civil war. As you and I
both know, many fought, and if they stayed so long in the continental
army, they were granted their freedom. All we have to do is watch
The Patriot and we have a great example of that. So we'd love to do
that. So, please, I encourage you to have them step forward.
MS. FRANKLIN: I think it's also -- when you have people in
leadership responsibilities, you know, they need to contact the
NAACP. We are the oldest, and we're the most recognized in the
country. You know, here in Collier County they know where we are.
I think that though we may be small in number as far as minorities
are concerned, but people in these key positions -- and they know the
NAACP. They know how to get in touch with me. They need to step
forward and say, "Look, we're presenting XXX. You know, we need
your input."
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June 26, 2001
I'm getting a lot of response from a lot of different people
throughout the county saying, "How can we help?" And I think that
needs to come from the county and from the city. So it's not only up
to the individuals to step forward; it's up to you as our leaders to say,
"How can we help?" Thank you very much.
COMMISSIONER MAC'KIE: I had one question more for our
county manager about something -- if we're going to have an issue
regarding racial profiling on our agenda July 31 st. How can this
commission have any authority over that? I mean, that's the sheriff's
business.
Frankly, Laverne, my letter back to you that's already probably in
the mail by now says, "Thank you very much. I'm so glad to know
that you're meeting with the sheriff. I hope that you can work out
something acceptable with the sheriff on racial profiling, but it isn't
anything this county commission can have influence over that I can
see."
COMMISSIONER COLETTA: I think what we're saying here
is we have to be aware of it rather than we can do anything. Sure, we
can have influence over racial profiling or prejudice that's still out
there within the community just by the actions of how we live our
daily lives and what we do here.
COMMISSIONER MAC'KIE: Of course. But my question
was, what would be the item to be considered by the County
Commission on July 31 st, or did I --
MS. FRANKLIN: Also --
COMMISSIONER MAC'KIE: -- misunderstand you?
MS. FRANKLIN: I'm sorry.
COMMISSIONER MAC'KIE: No.
MS. FRANKLIN: Also in the letter on Item 10 it says "establish
a Collier County sheriff's citizen complaint review board." I don't
know how--
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June 26, 2001
COMMISSIONER MAC'KIE: I think that's his department too.
MS. FRANKLIN: That's the sheriff in a sense. Okay. And also
to form a human relations commission with partnership with the city
or independently as a county.
COMMISSIONER MAC'KIE: So that part would be what we
would discuss at our next meeting.
MR. OLLIFF: I haven't seen the letter as of yet, so I'll look at
the letter, and I'll provide you and Miss Franklin a response.
COMMISSIONER MAC'KIE: I just want to make sure it's
something we can do something about. MR. OLLIFF: Right.
MS. FRANKLIN: That's why I came today.
COMMISSIONER MAC'KIE: I appreciate it. I wish you
would be here often. I really, really appreciate you being here today
because, frankly, Laverne, we do forget to call and say, "It would be
good if we can have some minority representation here." And, you
know, it would be great if we could have somebody from the
NAACP at every Board of County Commission meeting with a big
NAACP sticker on or something just to keep our awareness up.
MS. FRANKLIN: I'm working on it. I have been president
since January.
COMMISSIONER MAC'KIE: You're doing a great job.
MS. FRANKLIN: It's an awesome task, and we're working on
it.
COMMISSIONER MAC'KIE: We appreciate it.
MS. FRANKLIN: Okay. Thank you very much.
MR. OLLIFF: The next speaker is Alex Brown followed by the
last speaker under general topics comments, Robert Pina.
MR. BROWN: Good morning. The last time I was here, Mr.
Carter, you said that Collier County could not possibly accept the free
bus stop shelters to protect the CAT users from the elements, to
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June 26, 2001
shelter the elderly, the disabled, and the small children from the
summer storms.
CHAIRMAN CARTER: I don't believe I said that, sir. I deferred
that question to Barbara --
MR. BROWN: Because you said -- yeah. You referred me to
County Ordinance 2.5.7 which, when I was looking it up in the
Collier County law library, states that it's not included in the
ordinance reference book, nor is it included in the ordinance book
down in the Collier County library.
It does have to do with off-premises advertising. Also, I seen on
June 21 st, Mr. Carter, that you said that you like the diversity of
Collier County and that's why the MTB units -- you had 23 different
neighborhoods that allow each one to keep their individuality, but on
the flip side you insist that the neighborhoods must have one style of
bus stop shelters.
CHAIRMAN CARTER: Sir, those are MSTBUs or MSTUs.
Those are local taxing authorities, sir. It has nothing to do with bus
shelters.
MR. BROWN: Uh-huh. But on the buses again, the buses --
you've spent $72,000 to make them vaguely look -- for a paint job to
vaguely make them look like a trolley, but nothing was spent to
shelter anybody from this weather.
Last week I talked to two women that were trying to get to work at
Carlysle Nursing Home that services North Naples -- which I was
trying to catch a bus right now to myself-- but they can't work out
there because the buses only run from 9 a.m. To 3 p.m., and they
could not get any employment out there. One only needs to see the
scheduling to see how the people of Immokalee are restricted to their
-- on their scheduling.
And I'd like to get a petition up and possibly a referendum for
relief of Ordinance 2.5.3 for the health and safety of the people of
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June 26, 2001
Collier County and so there can be a waiver on 2.5.7 so Lamar can
come back and install it as soon as possible and so the neighborhoods
may have their own say on whether there can be advertising on these
shelters in their own neighborhoods.
And as for the nonsense about the graffiti, that these pristine
shelters are going to be installed by the county, and it will not be a
target for graffiti and just that the Lamar shelters would be, I don't
know about that one.
Let's see. What else? I was hoping, also, that it would be possible
that it would be allowed that the riders themselves would have a
chance to sign a petition and if we would have permission to put the
petitions on the CAT buses themselves so that the actual riders, the
people who use these buses, would have a chance to sign these
petitions so when we come back on July 21 st I will be able to have
petitions to present to this committee.
The last point I would like to say is that I also ran across a
subdivision of Windstar, Harrington Sound, that has a lot of property
lots valued at $120,000 and up, and they only pay a yearly tax of
$355. I have to run to catch a bus to North Naples, so thank you very
much.
CHAIRMAN CARTER: Thank you, sir.
want to address some of those or --
Miss Wolfe, you may
COMMISSIONER HENNING: I can address one. This
commissioner is not ready to and probably never will while he's
sitting here to have advertising not only on the buses but at the bus
stops.
CHAIRMAN CARTER: You can't violate the sign code.
COMMISSIONER HENNING: One other thing, it was last
week in Golden Gate one of our buses was two-thirds full when it
passed me, and I was very pleased to see that amount of participation
on our transit system.
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June 26, 2001
CHAIRMAN CARTER: All right.
MR. OLLIFF: Mr. Chairman, your last registered speaker on
this item is Robert Pina.
MR. PINA: Good morning. My name is Robert Pina, 5501
Rattlesnake Hammock Road. I'm in here in reference to Ordinance
No. 97-9. I believe I hand delivered to your mailbox this particular
ordinance and also a copy of an article in the Tallahassee Democrat.
My interest is in getting to have these addresses done more
vigorously in the area.
If you go up and down Davis Street (sic) and you go to these
different communities, they have these walls with Foxfire across it,
but no what hundred it is. What is it? 2800? 28,000? We don't
know. My chief concern is condos, the numbering of condos. I've
gone into King's Lake, and there's one condo there with buildings
with no numbers on the doors of the building at all or the individual
condos, but there are numbers on the covered parking. So I'm
thinking of the response time of the fire department, the police,
paramedics.
Just last week the paramedics came to my condo unit there, and
there was an 80-year-old woman laying there for three hours in her
bathroom. Well, of course, she has a service that checks on her twice
a day. But, anyway, I seen the paramedics walking up and down in
the courtyard there looking for that particular number. I went out and
I asked them, and I pointed out where this particular woman lived.
So that's what I'm more or less interested in.
I've gone to the code enforcement department, and I dropped off a
copy of this Tallahassee Democrat to Michelle Arnold, and I had no
response. That was a week ago. So I talked to a gentleman there in
that department, and I stated what I was interested in, and he said,
"Well, we can't do anything. We have ten inspectors, and we're
undermanned. And besides that we only deal in complaints." I said,
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June 26, 2001
"What?
You only deal in complaints?" He said, "Yeah, that's all."
So, anyway, my chief concern is to get this out to the public and to
get the proper numbers on these condo units. It's not the houses. The
houses are pretty well taken care of as far as numbers. But these --
out on Davis, Pine Ridge, these new strip malls that are being put up,
they put up these big signs, and they're supposed to, according to the
ordinance, put an address number on that sign. And these signs have
been put up in the last year. There isn't any numbers.
You go along 41 North and they put up new signs there, and there
are no numbers on the signs. So that's my chief concern, to notify the
public of what they should do, like these condo associations and
condo managers. They should upgrade their buildings and get the
proper numbers on them because it's a matter of life or death that the
fire department and these emergency vehicles find them as early as
they can.
So that's my chief concern, to see if you can't spearhead this and
then at least -- I can't tell you how to manage your Code Enforcement
Board, but I was a plumbing inspector in the State of Illinois, so I
know a little bit about inspections but, anyway, I would say designate
one employee to handle this type of situation. That's all I can say.
Thank you.
CHAIRMAN CARTER: Thank you, sir. I think,
Mr. Weigel, you may comment on what's public responsibility and
private, and that may clarify some of it. Anything we can do on our
side; it's always been an issue. Mr. Dunnuck.
MR. DUNNUCK: I made a note, and I'll get with this
gentleman and have this conversation. We'll sit down and talk about
the current ordinance and see where we can do a little bit better on
the enforcement side and work with the gentleman.
CHAIRMAN CARTER: But I think internally within
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June 26, 2001
condominiums, that's private property. That's the private sector. The
condo association has to have that responsibility in marking their
buildings or their units. I think that's outside of our jurisdiction, if
I'm correct, Mr. Weigel.
COMMISSIONER MAC'KIE: You could have laws that
required them to mark them.
COMMISSIONER COLETTA: I thought we did.
MR. WEIGEL: Yeah. I think everyone is correct in what
they're saying. The law is as it is right now. Could it be expanded?
Yes, to some degree I think it can in the interest of the police
regulatory power that you have and health, safety, welfare. So I
know that John in our office will look at this very comprehensively
and keep you advised.
CHAIRMAN CARTER: I think both of you should work
together and bring something back to us that shows us how we can
strengthen that under public health, safety, and welfare.
MR. WEIGEL: Okay. Great.
Item #7A
PETITION RZ-2001-AR-451, WALTER H. RASCHER, JR. AND
LISA J. RASCHER REPRESENTING ESTER AND FRANCIS
RASCHER, REQUESTING A REZONE FROM ITS CURRENT
ZONING CLASSIFICATION OF "A" RURAL AGRICULTURAL
TO "RSF-3", RESIDENTIAL SINGLE FAMILY DISTRICT, FOR
PROPERTY LOCATED ON THE NORTH SIDE OF POLLY
AVENUE APPROXIMATELY ONE HALF MILE NORTH OF
RATTLESNAKE HAMMOCK ROAD, CONSISTING OF 4.55
ACRES - CONTINUED INDEFINITELY
CHAIRMAN CARTER: All right. That takes us to No. 7,
Board of Zoning Appeals. I have five minutes to the hour. Let's see
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June 26, 2001
if we can't deal with some of these prior to lunch. Maybe we can do
7-A and B before we see how -- let's see how long it might take some
of these others. I really would like to get down to the Board of
County Commissioners if we can.
MR. OLLIFF: Chahram.
CHAIRMAN CARTER:
MR. BADAMTCHIAN:
Chahram.
Good morning, Commissioners.
Before we start -- this is -- for what I have to say, there's no need for
it. This request was to rezone 4.5 acres from agricultural to RSF-3
with a cap of 1 unit per 2 1/4 acres. However, the neighbors in
talking with the applicant decided that they will work out something,
and they want to continue this petition and maybe come back with a
different type of zoning that the neighbors would agree to.
COMMISSIONER MAC'KIE: I make a motion to continue this
petition indefinitely.
CHAIRMAN CARTER: Second. All in favor signify by saying
aye.
(Unanimous response.)
CHAIRMAN CARTER:
(No response.)
Opposed by the same sign.
Item #7B
RESOLUTION 2001-263, RE PETITION VA-2001-AR-584, RUTH
B. WILLIAMS, ARCHITECT, REPRESENTING CAROLE L.
MENDELSOHN, REQUESTING A 2 FOOT VARIANCE FROM
THE REQUIRED 20 FOOT SIDE YARD SETBACK ON THE
EAST SIDE TO 18 FEET FOR PROPERTY LOCATED AT 4388
BUTTERFLY ORCHID LANE, IN QUAIL CREEK UNIT ONE -
ADOPTED
Page 80
June 26, 2001
CHAIRMAN CARTER: Thank you, sir. It's continued
indefinitely. We go to Item 7-B.
COMMISSIONER MAC'KIE: Do we have to be sworn on this
because I'd like to make a motion to approve?
CHAIRMAN CARTER: Okay. Everybody needs to be sworn.
(The oath was administered.)
COMMISSIONER MAC'KIE: Are there public speakers on this
item?
MR. OLLIFF: No, ma'am.
CHAIRMAN CARTER: Okay.
COMMISSIONER MAC'KIE: Unless the board has questions
on it, this is really straightforward.
CHAIRMAN CARTER: Any declarations on the part of board
members, please?
COMMISSIONER MAC'KIE: None.
COMMISSIONER HENNING: None.
CHAIRMAN CARTER: None.
COMMISSIONER COLETTA: I do. I did go out to the
petitioner's house and visit the location. I have no problems with
what they're looking for.
CHAIRMAN CARTER: Okay. I've had a motion by --
COMMISSIONER MAC'KIE: If you close the public hearing,
I'll make it.
CHAIRMAN CARTER: I'll close the public hearing.
COMMISSIONER MAC'KIE: I move for approval.
COMMISSIONER HENNING: Second.
CHAIRMAN CARTER: Second by Commissioner Henning.
All in favor signify by saying aye. (Unanimous response.)
CHAIRMAN CARTER: Opposed by the same sign?
(No response.)
Page 81
June 26, 2001
CHAIRMAN CARTER: Motion carries 4-0. Thank you.
COMMISSIONER MAC'KIE: You bet.
Item #8A
ORDINANCE 2001-38, AMENDING ORDINANCE 99-67 WHICH
ESTABLISHED THE MEDITERRA SOUTH COMMUNITY
DEVELOPMENT DISTRICT (CDD), ADDING
APPROXIMATELY 210 - ADOPTED
CHAIRMAN CARTER:
public hearings. Item 8-A.
COMMISSIONER MAC'KIE:
their
That moves us to Item 8, advertised
COMMISSIONER HENNING:
COMMISSIONER MAC'KIE:
community.
I move for approval.
I'll second that motion.
I'm just adding some land to
CHAIRMAN CARTER: Any discussion?
COMMISSIONER COLETTA: Slow down. Slow down.
COMMISSIONER MAC'KIE: Oh, sorry.
COMMISSIONER COLETTA: That's okay.
CHAIRMAN CARTER: We're on 8-A.
MR. OLLIFF: For the record --
COMMISSIONER COLETTA:
CHAIRMAN CARTER: Yeah.
COMMISSIONER MAC'KIE: This is 8-A.
Mediterra CDD.
CHAIRMAN CARTER:
MR. OLLIFF: No, sir.
CHAIRMAN CARTER:
This is 8-A, Mediterra; right?
This is the
Do we have any speakers?
Okay.
COMMISSIONER MAC'KIE: Motion to approve.
CHAIRMAN CARTER: I have a motion to approve by
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June 26, 2001
Commissioner Mac'Kie, a second by Commissioner Henning.
favor signify by saying aye.
(Unanimous response.)
CHAIRMAN CARTER: Opposed by the same sign.
(No response.)
CHAIRMAN CARTER: Motion carries 4-0.
Item #8B
All in
ORDINANCE 2001-39, AMEND1NG THE COLLIER COUNTY
ANIMAL CONTROL ORDINANCE - ADOPTED
Item 8-B.
MS. WALTERS: Good morning.
CHAIRMAN CARTER: Good morning.
MS. WALTERS: Jodi Walters, animal services director, and
I'm presenting the amendment to the Collier County Animal Control
Ordinance.
COMMISSIONER HENNING:
COMMISSIONER MAC'KIE:
CHAIRMAN CARTER:
speakers?
MR. OLLIFF:
MR. WEIGEL:
Motion to approve.
Second.
All in favor signify -- any public
No, sir.
Close the public --
CHAIRMAN CARTER: All in favor-- Commissioner-- hello -
- Counsel.
MR. WEIGEL: I couldn't take the pay cut. You need to close
the public hearing, and then you can go ahead forward with what you
said.
CHAIRMAN CARTER: Okay. Move to close the public
hearing. On both--
Page 83
June 26, 2001
COMMISSIONER HENNING: Motion to approve.
COMMISSIONER MAC'KIE: Second.
CHAIRMAN CARTER: I have a motion to approve.
second. All in favor signify by saying aye. (Unanimous response.)
CHAIRMAN CARTER: Motion carries 4-0.
MS. WALTERS: Thank you.
Item #8C
I have a
ORDINANCE 2001-40, 2001-41, AND 2001-42, CREATING THE
NEW HORIZON COMMITTEES FOR HEALTH AND HUMAN
SERVICES, COMMUNITY CHARACTER/SMART GROWTH
AND WORKFORCE HOUSING (RESPECTIVELY) - ADOPTED
CHAIRMAN CARTER:
COMMISSIONER MAC'KIE:
COMMISSIONER HENNING:
COMMISSIONER MAC'KIE:
COMMISSIONER HENNING:
Item C.
Motion to approve.
Let me look at it.
It's the Horizon Committee.
Oh, I will second that.
CHAIRMAN CARTER: Okay. A motion by Commissioner
Mac'Kie and a second by Commissioner Henning. All in favor
signify by saying aye.
(Unanimous response.)
CHAIRMAN CARTER: Motion carries 4-0.
Item #9A
RESOLUTION 2001-264, APPOINTING DON PETERSON,
RUSSELL TUFF, KAREN ACQUARD, JOHN BOUTWELL,
LINDA HARTMAN, DOUGLAS RANKIN, MICHAEL SIMONIK,
Page 84
June 26, 2001
MARK STRAIN, KRIS THOEMKE AND GLENN WILT TO THE
GOLDEN GATE ESTATES MASTER PLAN AD HOC
COMMITTEE - ADOPTED
That takes us down to 9, Board of County Commissioners
appointment of members to the Golden Gate master plan ad hoc
committee.
COMMISSIONER HENNING: Mr. Chairman, I'd like to tell
you that Mike Davis is moving out of the Golden Gate area, still in
District 3, and what I would like about Mike Davis being on there is
that he's a business person involved in the community, and I think a
good recommendation of replacement is the productivity committee's
recommendation of Russell Tuff.
COMMISSIONER MAC'KIE:
COMMISSIONER HENNING:
COMMISSIONER MAC'KIE:
master plan.
CHAIRMAN CARTER:
a term of one year on the --
Are we on 9-A?
Yeah, 9-A.
I've got Golden Gate Estates
Yeah, to appoint ten members to serve
COMMISSIONER COLETTA:
Gate City, too, so Mr. Henning is correct.
COMMISSIONER MAC'KIE: Okay.
members you're proposing?
COMMISSIONER HENNING:
COMMISSIONER MAC'KIE:
COMMISSIONER HENNING:
CHAIRMAN CARTER: Okay.
COMMISSIONER HENNING:
"Mark P. Strain, developer/planner."
Well, it does include Golden
So this is one of the ten
Strain for a number of years he is an environmentalist personally.
just so happens to work for a development.
Yes.
I'm so sorry, Commissioner.
That's all right.
Go ahead.
One clarification: It says,
I can attest that knowing Mr.
He
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June 26, 2001
COMMISSIONER MAC'KIE: Well, I would certainly defer to
the two commissioners in the area on who the ten members should
be.
COMMISSIONER COLETTA: Well, the only thing I was
going to make a suggestion on was I think Mr. Tuff has a lot to offer
as well as some of the other people on here. I was hoping we might
also consider Chief-- the fire chief there, Don Peterson. He had a lot
to do with the original master plan and was very informed about it
when it comes to safe -- I'm sorry. You've got a note to make, Susan?
I see you raising your hand.
MS. FILSON: Yes, I do. Sue Filson for the board's office, for
the record. Miss Cheryle Newman was one of the ones who was
recommended for appointment, however, Ordinance 86-41 states that
you can only serve on two boards simultaneously. She currently
serves on the Golden Gate Community Center Advisory Board and
the Golden Gate Beautification Advisory Committee.
COMMISSIONER HENNING: And this is an ad hoc
committee. Does that make a difference?
MS. FILSON: I'll defer that question.
COMMISSIONER MAC'KIE: No.
COMMISSIONER COLETTA: Did we ever give her the choice
to drop off one of the other committees, Sue?
MS. FILSON: You can give her-- is she here now?
COMMISSIONER COLETTA:
COMMISSIONER HENNING:
COMMISSIONER COLETTA:
might be able to reach her by phone?
COMMISSIONER HENNING:
COMMISSIONER COLETTA:
She was here.
She is.
Is there a possibility that you
She's here.
Oh, I'm sorry, Cheryle.
CHAIRMAN CARTER: Miss Newman, would you like to
stand up at the podium and respond to that, please?
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June 26, 2001
COMMISSIONER COLETTA: We're hoping it's the right
answer. You've got to choose between your children now.
MS. NEWMAN: I would rather not drop from any of my other
committees because I feel that I'm committed to those. I would just
ask that if I'm replaced that whoever replaces me be also in the city.
It seems to be heavily staffed with recommendations from the estates,
which is a great thing to do, but because I was one of the city
representatives, I would request that maybe you consider someone
from the city.
COMMISSIONER COLETTA: Well, Chief Peterson, if I
remember correctly, is in the city. MS. NEWMAN: Correct.
COMMISSIONER COLETTA: I would recommend him for
your replacement. I would have no problem with Mr. Tuff as the
other one.
COMMISSIONER HENNING: I will make a motion, if
Commissioner Coletta would second it to concur with his feelings on
it, to approve the productivity committee's report with the exceptions
of replacing Mike Davis with Russ Tuff and Cheryle Newman with
Chief Don Peterson.
COMMISSIONER COLETTA: Second.
CHAIRMAN CARTER: All in favor signify by saying aye.
(Unanimous response.)
CHAIRMAN CARTER: Opposed by the same sign.
(No response.)
CHAIRMAN CARTER: Motion carries 4-0.
COMMISSIONER COLETTA: One comment, if I may, before
we leave this. I personally want to thank the productivity committee
for stepping in and going through these numerous applications to find
the best people that are to be considered for this position. It's going to
be a very important committee, and I want to take as much politics
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June 26,2001
out of it as possible. Thank you.
Item #9B
RESOLUTION 2001-265, APPOINTING EUGENE GREENER,
JR., TO THE HISPANIC AFFAIRS ADVISORY BOARD -
ADOPTED
CHAIRMAN CARTER:
COMMISSIONER MAC'KIE:
Move for approval.
COMMISSIONER HENNING:
All right. Moving to Item 9-B.
One applicant for one position.
Second.
CHAIRMAN CARTER: I have a motion by Commissioner
Mac'Kie, a second by Commissioner Henning. All in favor signify
by saying aye.
(Unanimous response.)
CHAIRMAN CARTER: Motion approved 4-0.
Item #9C
RESOLUTION 2001-266, RE-APPOINTING RUFUS H. WATSON
AND MARIAN THOMPSON TO THE BLACK AFFAIRS
ADVISORY BOARD - ADOPTED
Item 9-C, appointment of members to the Black
Affairs Advisory Board.
COMMISSIONER MAC'KIE: Two applicants for two
positions. Move for approval.
COMMISSIONER COLETTA: Second.
CHAIRMAN CARTER: Motion by Commissioner Mac'Kie,
second by Commissioner Coletta. All in favor signify by saying aye.
(Unanimous response.)
Page 88
CHAIRMAN CARTER:
(No response.)
CHAIRMAN CARTER:
Item #9D
June 26, 2001
Opposed by the same sign.
Motion carries 4-0.
RESOLUTION 2001-267, APPOINTING RONALD FOWLE AND
MARK BENFIELD TO THE BAYSHORE/GATEWAY
TRIANGLE LOCAL REDEVELOPMENT ADVISORY BOARD-
ADOPTED
Moving to Item D, appointment of members to the
Bayshore/Gateway Triangle local redevelopment advisory board.
COMMISSIONER MAC'KIE: If I could make a motion to
approve Ronald Fowle and Mark Benfield.
COMMISSIONER HENNING: I will second that.
CHAIRMAN CARTER: We have a motion by Commissioner
Mac'Kie and a second by Commissioner Henning for the mentioned
names for approval. All in favor signify by saying aye.
(Unanimous response.)
CHAIRMAN CARTER:
(No response.)
CHAIRMAN CARTER:
Opposed by the same sign.
Motion carries 4-0.
Item #1 OB
POLICY DIRECTION REGARDING THE USE OF STATE
HOUSING INITIATIVE PARTNERSHIP (SHIP) FUNDS - STAFF
RECOMMENDATION APPROVED
That takes us to Item 10-B, B as in boy.
MR. OLLIFF: You're moving so fast you caught Mr. Mihalic
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June 26, 2001
unaware.
MR. MIHALIC: Good afternoon, Commissioners.
I'm Greg Mihalic from the housing and urban improvement
department. We're before you this morning to talk about some policy
direction. This is really out of the workshop -- the housing workshop
on May 15th where there was some discussion about increasing
subsidies to very-low-income home buyers to allow them to have
more money for down payment and closing-cost assistance. We've
come back to you for your opinions on this.
We proposed that we would double the amount of money
available for very-low-income first-time home buyers from $2,500 to
$5,000 of assistance, and then there's additional up to $2,500 for fix-
it money for those people. Of course, these funds are loaned at zero
interest and deferred payment until they sell the house. The positive
side is that we would be able to help some of those very-low-income
home buyers who just can't make it on the $5,000 of assistance we
give now, and we have some new state building codes coming that
are going to raise the prices of new housing, so I think this would
expand the opportunities for very-low-income participants.
And as we mentioned in our executive summary, we expect our
distribution of monies to go from about 60 percent for very-low-
income families to about 77 percent by this proposal. However, we
would be helping fewer families, and we estimate that we would only
be helping 500 families instead of 700.
COMMISSIONER MAC'KIE: Could you tell us the incomes of
very low for, I assume, a family of four?
MR. MIHALIC: Sure. A family of four would make $32,500 a
year.
COMMISSIONER MAC'KIE: That's very low?
MR. MIHALIC: Very low.
COMMISSIONER MAC'KIE: And low is how much?
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June 26, 2001
MR. MIHALIC:
$52,000.
COMMISSIONER MAC'KIE:
helping more very lows.
COMMISSIONER COLETTA:
COMMISSIONER HENNING:
Low at 80 percent of the median would be
That's why I'm supportive of
I am too.
What would be the adverse
implications if we supported the very lows? Would that kick out
some of the medium incomes?
MR. MIHALIC: Yes, it would. It would kick out some of the
people that have higher incomes. We only have so much money,
Commissioners. We use all of our money. We would anticipate
about 200 families fewer would be helped overall a year.
COMMISSIONER MAC'KIE: But your proposal that you've
given us is to change the percentage to 70/30 or something like that?
MR. MIHALIC: Well, we're estimating that about 77 percent of
our money would then be used for very-low-income assistance --
COMMISSIONER MAC'KIE: I'm going to move for approval.
MR. MIHALIC: -- and we think that's positive.
COMMISSIONER MAC'KIE:
recommendation.
COMMISSIONER COLETTA:
Move for approval of staff's
I'll second it.
MR. OLLIFF: Mr. Chairman, you have one registered speaker,
Barbara Cacchione.
MS. CACCHIONE: Good morning, Commissioners.
For the record, my name is Barbara Cacchione, and I represent the
Empowerment Alliance of Southwest Florida, which includes the
Immokalee community. I applaud the efforts of Mr. Mihalic in
looking at the SHIP fund and trying to increase the money that will
be utilized for low-income families, but what I'm here to tell you is
you still can't build a house in that price range for that low-income
family. That degree of subsidy of 7,500 in down payment and
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June 26, 2001
closing costs is not enough to get you that affordable unit for the very
low. We're working on a project in Immokalee, and it's still, with the
cost of land in Immokalee, relatively high. We have to pay between
fifteen and twenty thousand dollars for a lot that's fifty foot wide by a
hundred foot deep. This is a severe problem.
In looking at other SHIP plans in nearby areas, for instance the
Lee County SHIP plan, what they do is offer deeper subsidies for the
very low, and by deeper, up to $30,000 for a low-income family per
unit. They also do rental income and rental rehabilitation as well.
If you're looking at building a house on a lot in Collier County
where the land is so expensive, you have to provide a deeper subsidy
in terms of being able to get that affordable unit, particularly in areas
that are heavily renter occupied. When you want to change the whole
make-up of a community moving from rental occupied to home
ownership, this is the kind of effort that's really needed and perhaps
maybe even a pilot project or some way to kind of start that or some
focus of a portion of the SHIP funds. Because we get a certain
amount in SHIP, we get a certain amount in CDBG, and what I've
been told is that CDBG is not the best source of funds to use to buy
land because of strings attached with that in terms of what you do
afterwards.
So unless we solve that issue of what we do with the land, which
is probably 35 percent of the cost of building a house in Immokalee
and probably 45 percent of the cost here in the coastal area, we're
never going to help very low because you can't build it without a
deeper subsidy.
CHAIRMAN CARTER: Question, Commissioner Mac'Kie.
COMMISSIONER MAC'KIE: So what would happen, then,
Barb, if we change to this recommendation? Are you saying, then,
that we would not be able to use any of the money, or that, in fact, it
wouldn't -- I mean, what would happen then? If you can't -- if it's not
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June 26, 2001
enough money to get you in a house, then the money would be
wasted? We would never be able to spend it, or we'd spend it on
moderate after all?
MS. CACCHIONE: My guess is that's what could happen.
When you look at the mortgage money, it is pretty available at a
pretty low rate. Down payment and closing cost isn't quite the issues
that they were at one point in time because you can get up to 95
percent financing. There are programs that are being done through
the Housing Finance Corporation. There are other opportunities for
that.
But what there isn't is when you build a home on a lot for
$100,000, and you try to get to a mortgage of $65,000 to assist a
family that earns $32,000, it can't be done with those numbers. You
need a deeper subsidy, and SHIP funds is the most flexible source of
funds that can be used. Yes, you'll help fewer people, but will you
get low-income units on the ground, yeah.
COMMISSIONER MAC'KIE: Your prediction, if we were to
go with the staff recommendation, is that we would not -- we would
find that at the end of the year we had SHIP money left over that we
couldn't spend because we couldn't find anybody they could help?
MS. CACCHIONE: I would defer that to Greg.
MR. MIHALIC: No, Commissioners.
COMMISSIONER MAC'KIE: Okay.
MR. MIHALIC: Well, we're using all of our money now.
Obviously, we have more applicants than we have money. While it's
true that it's becoming more difficult for very-low-income families to
afford to buy in Collier County, that's certainly true, but you can see
by the charts that we gave you here that 60 percent of our money last
year went to very-low-income families, and it's the highest of any
other counties around here.
Yes, we can give $50,000 a family but, of course, we would only
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June 26, 2001
help one-tenth of the families. That's a policy issue that we have to
decide. Immokalee is difficult because of the highest and best use of
the land sometimes is for rental housing and putting a trailer on there.
That is a difficult situation. But families make the choice of where
they want to live, and families are choosing to live in Immokalee. If
the housing product is there, they'll live there.
COMMISSIONER MAC'KIE: If your goal is to increase
opportunities for very-low-income home ownership in Immokalee,
would you change your recommendation or --
MR. MIHALIC: No. The recommendation we make moves
towards assisting that. I think what Barbara's suggesting is we should
be giving $35,000 a unit in Immokalee but, of course, that cuts our
program with the numbers that we help.
COMMISSIONER HENNING: And the action that we're
taking today by the recommendation or policy change is, in my
opinion, moving less affordable housing around in the urban area,
therefore, more of in Immokalee, and our jobs are here in the urban
area.
MR. MIHALIC: Well, people buy where housing is available.
They will always do that. If there are more housing opportunities in
Immokalee, people will take advantage of that, and that's what
Mrs. Cacchione is trying to do.
COMMISSIONER MAC'KIE: I'm going to leave my motion
because I think it's a step in the right direction. It might be that we
find, Barb, that we should do more next year. And is this a policy
that we can review next year? I'd like to make that a condition of my
motion.
MR. OLLIFF: Absolutely.
MR. MIHALIC: Well, Commissioners, this is really the first
step. We have to bring back to you the housing assistance plan of the
Florida Housing Finance Corporation. We have to change that to
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June 26, 2001
reflect these changes and also our down payment and closing costs
ordinance that has limits in it. So we have to bring both of those
items back to you to implement this.
COMMISSIONER MAC'KIE: Can we see them at the same
time?
MR. MIHALIC: Sure.
COMMISSIONER MAC'KIE: Good.
MR. OLLIFF: And I think the question for the board is whether
to spread your money deeper or wider. Right now the
recommendation of your staff is wider, and Barbara is saying to make
it a little deeper. I think what we'll do is we'll bring back the numbers
at the end of the year and be able to show you what happened with
your money, and then you can probably make a better decision about
it.
COMMISSIONER MAC'KIE: I'm sorry that I don't know this
since I've already made a motion to approve, but the recommendation
of staff today is to be a little deeper than last year?
MR. MIHALIC: Yes.
MR. OLLIFF: Yes.
COMMISSIONER MAC'KIE: Okay. That's where I want to
go.
CHAIRMAN CARTER: A little deeper.
COMMISSIONER MAC'KIE: Not quite as wide.
MR. MIHALIC: Not quite as wide. That's right.
COMMISSIONER MAC'KIE: Okay.
MS. CACCHIONE: Thank you.
CHAIRMAN CARTER: Okay. Thank you,
Ms. Cacchione. The motion has been made. It's been seconded.
in favor signify by saying aye.
COMMISSIONER MAC'KIE: Aye.
CHAIRMAN CARTER: Aye.
All
Page 95
June 26, 2001
no.
COMMISSIONER COLETTA: Aye.
CHAIRMAN CARTER: Motion approved 4-0.
COMMISSIONER HENNING: I did not vote on that --
COMMISSIONER MAC'KIE: Well, what is your vote?
COMMISSIONER HENNING: -- approval of the motion.
CHAIRMAN CARTER: Okay. Motion carries 3-1.
Item # 1 OD
It's
AGREEMENT FOR SALE AND PURCHASE OF 229+/- ACRES OF LAND
IN COLLIER COUNTY IN CONJUNCTION WITH THE DISTRICT
SCHOOL BOARD OF COLLIER COUNTY FOR CONSTRUCTION OF A
COUNTY PARK - APPROVED, SUBJECT TO THE SCHOOL BOARD'S
FINAL ACTION OF 7/26/01
C has been deleted. That takes us to Item 10-D as in David.
COMMISSIONER MAC'KIE: Has the school board already
committed to buying their parcel of this property?
MS. RAMSEY: Michael Kirk from the school district is here.
He can answer that for you.
THE COURT REPORTER: Your name.
MS. RAMSEY: I'm sorry. Marla Ramsey.
COMMISSIONER MAC'KIE: That's the only question I have.
MR. KIRK: For the record, my name is Michael Kirk. I'm
representing Collier County Public Schools. We have forwarded a
letter from our director of facilities, planning, and construction
stating that we have committed to purchasing this property. It's
scheduled on the July 26th board agenda for the board to take action.
We have an executed contract and are awaiting the county's decision.
COMMISSIONER MAC'KIE: I'll make a recommendation or
motion for approval subject to the school board's final action on July
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June 26, 2001
26th.
CHAIRMAN CARTER: I'll second that.
COMMISSIONER MAC'KIE: How is that, Marla?
MS. RAMSEY: That's fine.
CHAIRMAN CARTER: Discussion.
COMMISSIONER COLETTA: Do we have speakers?
MR. OLLIFF: You have two registered speakers. The first is
Nancy Payton, and the second is Bruce Anderson, if you have
questions.
COMMISSIONER MAC'KIE: I think I saw Nancy leaving.
CHAIRMAN CARTER: Mr. Anderson --
COMMISSIONER MAC'KIE: He waives.
CHAIRMAN CARTER: -- waives. Yes.
COMMISSIONER HENNING: The concerns that I have is
some of the language of the potential lawsuit by a third party that
made an offer on this property stating that the county interfered in the
process.
CHAIRMAN CARTER:
on that or--
MR. WEIGEL: I do or Miss Chadwell.
comment on that. Go ahead, Ellen.
MS. CHADWELL:
assistant county attorney.
Commissioner Henning?
Mr. Weigel, do you want to comment
We're prepared to
For the record, I'm Ellen Chadwell,
Could you state your question,
COMMISSIONER HENNING: Well, in the backup it was
stated that there's a potential lawsuit on this from the county
interfering with an offer that he had, and I don't want to purchase a
piece of property if we're going to go into litigation.
MS. CHADWELL: Well, we're in litigation. A complaint was
filed and served on the county on Friday, I believe, the 22nd. It's
been filed by -- the original -- by a contract purchaser. At the time
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June 26, 2001
we negotiated a contract, it was negotiated as a backup contingency
contract in the event that the pending contract between One Hundred
Horsemen, Inc., and Kaufmann Holdings, who is the owner of the
property -- in the event that that contract had been closed, then we
were to go forward with the contract that's before you today.
My understanding is a demand was made by the seller on One
Hundred Horsemen to close. They failed to close. We received a
written notice of termination, so we went forward and have presented
this item to the board for its approval.
COMMISSIONER HENNING: That's the only question I have.
I think you satisfied it.
CHAIRMAN CARTER: All right. Any other questions?
(No response.)
CHAIRMAN CARTER: Hearing none, all in favor signify by
saying aye.
(Unanimous response.)
CHAIRMAN CARTER: Opposed by the same sign.
(No response.)
CHAIRMAN CARTER: Motion carries 4-0. Thank you. We
now move to --
COMMISSIONER MAC'KIE: Mr. Chairman, are we taking a
lunch break today?
CHAIRMAN CARTER: Well, I'm just taking a look at what we
have in front of us. If it's going to be long, then I think we'll need to
do that. Are there any other shorter items in here that we can take
care of prior to going to the one --
Item #1 OH
MODIFIED GUIDELINES FOR SITE IMPROVEMENT PLANS
REVIEWED UNDER THE IMMOKALEE HOUSING INITIATIVE
Page 98
June 26, 2001
- APPROVED
COMMISSIONER COLETTA:
MR. OLLIFF: 10 --
COMMISSIONER COLETTA:
CHAIRMAN CARTER: 10-H.
COMMISSIONER COLETTA:
COMMISSIONER MAC'KIE:
COMMISSIONER COLETTA:
COMMISSIONER MAC'KIE:
hear, Mr. Chairman?
Sorry, Jim. 10-H.
IO-H.
The add on.
The Immokalee SIP.
Yes.
Is that the item we're going to
CHAIRMAN CARTER: That sounds good to me.
MR. MIHALIC: Good afternoon, Commissioners.
For the record, I'm Greg Mihalic, housing and urban improvement.
Thank you very much. We're before you this morning to sort of
bring back to you an issue that was raised during the budget hearings
of what types of restrictions do we have for our Immokalee housing
initiatives project and how is it moving. Basically, we're talking
about a life safety program here. Yes, we have modified some of the
regulations. They are not as comprehensive as they might be for new
development, but the idea here is to approve substandard housing.
COMMISSIONER MAC'KIE: I make a motion to approve with
a great amount of gratitude for your prompt action.
COMMISSIONER COLETTA:
hear a little bit more.
COMMISSIONER MAC'KIE:
COMMISSIONER COLETTA:
hour.
COMMISSIONER MAC'KIE:
Forgive me, but I do want to
Oh.
This came to us just in the last
And, you know, it's something
that I heard before you were on the board, so I understand.
MR. MIHALIC: Yes, Commissioner. Basically when analysis
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June 26, 2001
was done in the Immokalee housing situation, you'll find a substantial
number of substandard trailers in that area. We also found that
approximately 80 percent of the trailer parks were unpermitted or
never permitted at all. Many were placed without the required
density and other life, health, and safety considerations in place.
A little over a year ago the board really prompted the staff to come
forward with a program. We brought forward a program and a way
to clean it up, to clean it up over time, and to also legitimize what
was there. So we asked for the cooperation of the landowners to help
us provide better spacing, better life and health and safety and
upgrade the mobile home parks that are there.
COMMISSIONER MAC'KIE: May I interrupt just for one
comment, because I think it's going to be important to Commissioner
Coletta based on things I've heard him say in the past. We wanted to
legitimize what was there after insuring that health and safety
concerns were addressed. In other words, you might be able to have
more trailers on the site than we would currently allow under the
code, but only if they're properly spaced, only if the electrical lines
are appropriately done and the water and the fire and all of those
health and safety issues --
COMMISSIONER COLETTA: And the bathroom has a floor
in it and you don't have 24 people living in it. MR. MIHALIC: Absolutely.
COMMISSIONER COLETTA: No, no. I'm in support of all of
that. My problem was is the way it came before me at the eleventh
hour, and I was trying to read it and prepare myself before I came
here. I'm getting complaints from people that have trailer parks, and
I sort of expected it because I knew about the initiative to remove the
substandard units once the migrant laborers moved out for the season.
I'm very supportive of it.
But I'm just curious how this all works with the owners there of
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June 26, 2001
the property and how we're doing -- some are coming back and
saying, "We've already been approved. They can't find the permits."
You have to go to FP&L to be able to prove the fact that they have
been permitted, and there's been some stuff back and forth. I've been
referring these back to Michelle Arnold for whatever she can do.
MR. MIHALIC: Yes.
COMMISSIONER COLETTA: I just want to make sure. I'm
for the movement, but I want to make sure that we're treating the
owners of these trailer parks fairly in the long run.
MR. MIHALIC: Well, I think it's exactly what we're moving
toward, but we need cooperation from the owners to upgrade the
facilities they have and upgrade the units that are substandard, as you
mentioned. So we want to facilitate it on both sides. We don't want
only a code enforcement effort. We want a facilitated effort. But let
them come in and have new site improvement plans and move
through the county in an expeditious manner.
This is just reinforcing those things that the board approved a year
ago to be sure this is still the concept you want us to follow. We now
have a full-time office open there, and they're working there every
day to try to resolve the situation. Commissioner, people will say,
"Oh, yes, I'm permitted, but I can't find the permits. They did it, but
they never gave us anything." We'll have to work through those
issues individually, but we'll do it on a sensitive basis. The bottom
line is health and safe parks for people to live in.
COMMISSIONER COLETTA: How long has this initiative
been going on?
MR. MIHALIC: Well, it really started about a year ago, but the
office only opened May 1st. So we were just starting to go in the last
two months to really move ahead with an on-site office. Before that
we had done some studies. We knew how many units were
unpermitted by our records, but now we have to move out into the
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June 26, 2001
community and be sure those things start getting corrected.
COMMISSIONER COLETTA: And how many substandard
units have been actually removed from the properties?
MR. MIHALIC: Well, Mr. Mudd and I were talking earlier
today. Today there are eight units that are going to the dump with the
cooperation of the owner in Immokalee.
COMMISSIONER COLETTA: Wonderful.
MR. MIHALIC: That's just today.
COMMISSIONER MAC'KIE: That's a start.
MR. OLLIFF: And just so you know, this is pretty much a
quick staff response in response to the budget workshop where we
actually talked about this Immokalee initiative and some of the issues
that needed to be revised, and we didn't want to wait until the board
came back at the end of the July in order to get the approval for this,
and that's why this was an add-on item.
We apologize for not getting it in as part of your package, but we
actually got the staff directive to put together this backup for you
between the budget workshop and today's meeting.
COMMISSIONER COLETTA: For your information, too, I've
been working with the Hispanic community in Immokalee, and for
the most part they're very supportive of what's taking place.
MR. MIHALIC: It will be a long-term effort, Commissioners.
Nothing's going to happen overnight.
CHAIRMAN CARTER: Okay. Commissioner Mac'Kie, you
have made the motion.
COMMISSIONER MAC'KIE: Yes.
COMMISSIONER COLETTA: I'll second it.
CHAIRMAN CARTER: It's seconded by Commissioner
Coletta. All in favor signify by saying aye. (Unanimous response.)
CHAIRMAN CARTER: Opposed by the same sign.
Page 102
June 26, 2001
(No response.)
CHAIRMAN CARTER:
Mihalic.
Motion carries 4-0.
Thank you, Mr.
Item # 10J
AUTHORIZATION FOR STAFF TO EVALUATE THE
OPPORTUNITY FOR AND IF FEASIBLE DEVELOP A PLAN
FOR A MUNICIPAL SERVICES BENEFIT AND/OR TAXING
UNIT FOR THE IMPROVEMENTS TO WHIPPOORWILL LANE
INCLUDING THE EAST/WEST CONNECTION TO
LIVINGSTON ROAD - APPROVED
That takes us to 16-B(I). Wait, we have J and K too. Are these
ones that may not require or need more points of information? 16-J -
COMMISSIONER MAC'KIE: I don't know what J and K are.
CHAIRMAN CARTER: Those are two pulled by
Commissioner Coletta.
COMMISSIONER COLETTA: 16 --
CHAIRMAN CARTER: J is 16(3)B as I understand it.
COMMISSIONER COLETTA: I think there was one that was
pulled by Michael Simonik out there that should be addressed first.
CHAIRMAN CARTER: Well--
COMMISSIONER MAC'KIE: Big Cypress mitigation building.
CHAIRMAN CARTER: Well, that's mitigation. But if your
two are real short, then I'll go to the others. We're going to do all
three before we break for lunch.
COMMISSIONER COLETTA: Okay. Mine has to do with--
one of them has to do with mitigation. What was the first number
there? 16-A --
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June 26, 2001
CHAIRMAN CARTER:
Mr. Olliff? J was 16 --
MR. OLLIFF: (B)3.
CHAIRMAN CARTER:
16(3)B. Am I right,
-- (B)3.
COMMISSIONER COLETTA: (B)3, okay.
CHAIRMAN CARTER: Then I have K as 16 --
MR. OLLIFF: (B)6.
COMMISSIONER COLETTA: That's the one there on the
MSTU for Whippoorwill; is that correct? MR. WEIGEL: That's (B)3.
COMMISSIONER COLETTA: 16(B)3. Well, why don't we
take that one first.
COMMISSIONER MAC'KIE: (B)3 is Whippoorwill.
CHAIRMAN CARTER: Right.
COMMISSIONER COLETTA: My concern is the residents --
the property owners that are already there such as the Hospice, the
church, the convenience stores, all those operations that border on
Whippoorwill and Pine Ridge, how they're going to be adversely
affected by a road that will not benefit them but benefit the new
landowners that are going to be in the back part of the property with
the developments that they're going to do. I just want to know how
we're going to break these costs down in such a way that it's going to
be fair.
COMMISSIONER HENNING: From my understanding this is
a citizen or property owner initiative.
COMMISSIONER COLETTA: But I don't believe it's a total
property owner initiative.
COMMISSIONER HENNING: It takes a majority just like it
does in any democracy for it to move forward.
CHAIRMAN CARTER: Fifty plus one. I mean --
COMMISSIONER MAC'KIE: Well, and if I could just say, it
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June 26, 2001
does say in the executive summary that we're authorizing staff to
evaluate the opportunity and, if feasible, develop a plan that I assume
would incorporate those concerns, because we're not going to have
established entities pay for a benefit to growth. Can you do that? I
mean, that's what you're asking for permission to do. CHAIRMAN CARTER: Miss Wolfe.
MS. WOLFE: For the record, Dawn Wolfe, transportation and
planning director. We're asking you to authorize staff to take a look
at this because we want to make sure we have answers for all the
questions you're bringing up today. That's basically the bottom line.
It takes nothing forward today, puts no financial burden specifically
on any individual, but allows staff to move forward with the board's
support that we look at the details of this and bring it back to you and
get with the community as well before bringing it back.
CHAIRMAN CARTER: I would move for approval.
COMMISSIONER MAC'KIE: Second.
CHAIRMAN CARTER: Any questions?
COMMISSIONER MAC'KIE:
questions, Commissioner Coletta?
COMMISSIONER COLETTA:
much.
CHAIRMAN CARTER:
aye.
Does that answer your
Yes, it does. Thank you very
Okay. All in favor signify by saying
MR. HENNING: Aye.
CHAIRMAN CARTER: Opposed by the same sign.
COMMISSIONER MAC'KIE: But you had some speakers, I
think.
MR. OLLIFF: You had one, Tony Pires.
COMMISSIONER MAC'KIE: Who is not in the room.
MR. OLLIFF: He's not in the room.
CHAIRMAN CARTER: All in favor signify by saying aye.
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June 26, 2001
(Unanimous response.)
CHAIRMAN CARTER:
Item #10I AND 1 OK
Okay.
Motion carries 4-0.
CONTRACT WITH BIG CYPRESS MITIGATION BANK AS
LOW BIDDER FOR THE LIVINGSTON ROAD-NORTH
PROJECT WETLAND IMPACTS - APPROVED AND BID
#01-3222 FOR AN ANNUAL CONTRACT FOR THE SALE OF
MITIGATION CREDITS TO THE COUNTY- AWARDED TO
MITIGATION CREDIT SALES AND MARINER PROPERTIES;
AND STAFF TO DEVELOP LONG TERM PLAN FOR THE
FUTURE
Now, 16(B)6, Commissioner Coletta.
COMMISSIONER COLETTA: Yeah. This is a big issue for
me, mitigation credit sales. It's setting up a bank, credit bank, for
mitigation outside of the county. I think some time ago we directed
county staff to start working on being able to do it internally within
the county. I want to know where we are with that.
I don't want to get involved in a long-term contract that will take
dollars out of Collier County. On one hand we're telling people that
we want to make them willing sellers, we want to make them whole,
we want to pay them a fair price for their land, and on the other hand
we're taking mitigation dollars and sending them out of the county.
CHAIRMAN CARTER: I would like Mr. Miller to address that
and his environmental specialists because I think-- I understand your
questions, but there are some other considerations.
COMMISSIONER MAC'KIE: I don't understand the question.
Are we -- the contract is with a firm that's not located in Collier
County?
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June 26, 2001
COMMISSIONER COLETTA: From what I understand, these
dollars won't be directed to Collier County.
MR. MILLER: Yes. Give us just a minute, and we'll get you
there. Good afternoon. Steve Miller, director of transportation
engineering. I have with me today Dick Hartwell who is my
environmental permitting specialist. He's been in on this from the
beginning of the whole process, and I'd like to kind of introduce him
now and let him get you to where you need to -- where you can
understand.
COMMISSIONER MAC'KIE:
MR. HARTWELL: I will try.
COMMISSIONER MAC'KIE:
your
Thank you.
It's a challenge because look at
audience. We're tough.
CHAIRMAN CARTER: Yeah. For the record --
MR. HARTWELL: Basically--
CHAIRMAN CARTER: For the record, sir--
MR. HARTWELL: For the record, Dick Hartwell,
transportation engineering.
CHAIRMAN CARTER: Thank you.
MR. HARTWELL: 16(B)6 is a rather simplified annual
contract that we're trying to get on board, and the reason for that is
we have a glitch in our permitting process for our transportation
roads.
When we go in with a permit application to the agencies that we have
to process it through, they will not process that permit without us
naming a mitigation bank. This has caused a lot of problems, and it
has slowed up our permitting process of getting the roadwork done.
What I would like to do is to have -- we went out for a bid on this,
and we had a response from two mitigation banks, actually three, as
low bidders, and what I'd like to do is to have them put on an annual
contract for one reason only. That reason would be that they would --
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June 26, 2001
we could list them. We pick them, whoever we want to pick, and list
them on the application to have that application go forward faster
than it would normally, and then we come back to the board just like
we would before and get approval from the board on that mitigation
bank itself.
COMMISSIONER COLETTA: Let me ask you a question. I
don't mean to interrupt you, but I want to make sure we're headed in
the right direction.
MR. HARTWELL:
COMMISSIONER
contract doesn't obligate
MR. HARTWELL:
Right.
COLETTA: What you're saying is this
us to go to any one of the three; right?
That's correct.
COMMISSIONER COLETTA: So at any point in time we can
more or less consider this contract null and void and move it into our
own mitigation bank if we want to start one within the county? MR. HARTWELL: Absolutely.
CHAIRMAN CARTER: But what this does is speed up our
application process and not slow down our road development.
COMMISSIONER COLETTA: And the last thing I want to do
is slow it down, but I think we've been slowing down the process as
far as getting a mitigation bank set up to take care of the needs of
Collier County.
COMMISSIONER MAC'KIE: Right.
COMMISSIONER COLETTA: We need to go forward on that
with full speed. We're sending dollars in a direction that is not
beneficial to the citizens of Collier County.
MR. HARTWELL: I can help you out a little bit on that, sir. At
this point we are basically working on that program through Mr.
Mudd, Mr. Dugan, and myself and Mr. Suitor at the natural resources
department. We've been looking for a number of years at helping out
in Collier County and Belle Meade and also south Golden Gate, the
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June 26, 2001
Picayune Strand State Forest, which has been purchased by the
KARL program. The objective that we have thought about doing, and
we have the total agreement with the forestry and also board of the
Department of Environmental Protection who actually own the land
out there, is that we were going to set up a program to restore that
land and help the forest industry and in the meantime have credits for
our road program.
The restoration would take place strictly in Collier County. We
also own a mitigation bank in Collier County which we have used
and are still using for our road projects. The Immokalee Road
project, that's in the process of being built now, we used mitigation
credits in that bank that the county owns to get that permit. We also
used that bank to get Collier Boulevard from Golden Gate Boulevard
down to U.S. 41 in that bank.
COMMISSIONER COLETTA: That bank was for -- the money
went where?
MR. HARTWELL: That was banked there for three projects
that we had permitted for. The problem with that bank is that once
we get through with these projects, we have the bank forever. It's in
perpetuity.
MR. OLLIFF: Dick, Dick--
MR. HARTWELL: Yeah.
MR. OLLIFF: Right over here, over here.
MR. HARTWELL: Oh, I'm sorry.
MR. OLLIFF: The question is, where is that bank? It's in
Collier County?
MR. HARTWELL: It's in Collier County. It's in the Belle
Meade section of Collier County. It's 480 acres.
MR. OLLIFF: Let me just give the board a two-second
summary on mitigation banking, if you will. A mitigation bank
takes, in essence, five years from the time you start and have a piece
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June 26, 2001
of property picked out in order to be able to get your permits in hand
and actually use it. We are pursuing a mitigation bank here in Collier
County, but as a goal of ours in terms of what kind of mitigation bank
we want, we believe it's in the county's best interest to have a
mitigation banking program on property, frankly, that the county
does not own because the ongoing maintenance expenses with trying
to maintain the property are very, very costly.
So if there's an agreement that we can work out with currently
state- or federally-owned land that they would like to see some
improvements done to -- and primarily it's previous wetlands
property that are currently exotic infested -- the county as a
mitigation credit can go in and strip out the exotics, which the state or
federal government will never get the money in order to be able to
do, and then they can maintain it in its then restored state. The
environment gets the benefit from it. Collier County gets the
mitigation credit for it, and that's the kind of mitigation bank that
we're looking to try and create.
Just so you know that we haven't -- we have not done anything in
terms of mitigation banking historically either. The county, actually,
was on the verge of a 480-acre mitigation bank, which we were
steered away from in order to try and steer our efforts more towards
CREW, and at the time the environmental agencies wanted us to head
towards CREW for our environmental banking as opposed to some
property in the North Belle Meade Picayune Strand area. That
property was not in Collier County.
So, frankly, we've had a little bit of a reversal in terms of where
the environmentalists would like to see us put our efforts. We think,
just as a policy of the county, it's our recommendation that when
possible the benefits ought to be in Collier County. Secondly, when
possible we ought to try and find joint mutually benefiting projects
between the state, the federal government, and Collier County where
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June 26, 2001
the county does not end up being the ultimate owner of the bank, and
that's where we're heading.
COMMISSIONER COLETTA: Good answer. How long will
this all take place?
MR. OLLIFF: Well, again, that process is probably a five-year
process by the time you start and finish mitigation banking.
COMMISSIONER COLETTA: And the five years began
when?
MR. HARTWELL: I'm going to say it's an eight-year or seven-
year process.
COMMISSIONER COLETTA: So we're five years into a
seven-year process?
MR. HARTWELL: It began two years ago, sir.
CHAIRMAN CARTER: You've got another four or five years.
MR. OLLIFF: Three to five years.
MR. HARTWELL: It's a long process because we have to have
the agreement -- we have to have the agreement of the agencies
upfront. We need to know how many credits they're willing to give
us, and then after they agree upon that and we agree upon that and we
come to the commission on that, then we know that we have a five-
year program to restore that land out there, and we cannot -- they
won't release the credits until after five years. That's -- even if you
went out and bought private property in Collier County --
COMMISSIONER COLETTA: I understand that. You have to
go through a process.
MR. HARTWELL: Right.
COMMISSIONER COLETTA: I'm just trying to find out where
the process is, and I want to be comfortable with the fact that we've
got a process underway.
MR. OLLIFF: Mr. Chairman, there are a couple of related items
here, and I can see Mr. Simonik chomping at the bit. He's actually
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June 26,2001
registered for another item, but I think, you know, it's all related in
terms of the mitigation-bank issues, and if I would go ahead and call
Mr. Simonik.
CHAIRMAN CARTER: Yes. Mr. Simonik.
MR. SIMONIK: Thank you, Mr. Hartwell. Thank you, Mr.
Chairman. I appreciate being able to speak on this even though I
registered for another one. They are very similar items.
I'm somewhat confused by the conversation because I'm hearing
that we have had a mitigation bank in Collier that was used for
several projects on transportation needs. We are now doing another
mitigation bank, working on it presently for transportation issues in
Collier County, which I was told was not happening by someone in
county staff. So that's why I came here today, to make sure that we
are working on a mitigation plan for mitigation in Collier County for
impacts to Collier County natural resources.
I hate to see impacts happening in Collier County and Collier
County taxpayers' money going to either Lee County or the east
coast. On one of the other items, one of the bidders was from the east
coast, so I don't think our taxes should be going there or even in Lee
County.
Something just came up that Mr. Olliff recommended to you about
our mitigation plan may include mitigating on property that is not
owned or will not be owned by the county. Let me say that we are in
total opposition to something that has mitigation on currently owned
conservation lands by either the state government, federal
government, regional, or however it's done. The state now has a
moratorium on that kind of mitigation on already-preserved property.
The whole point of the "no net loss" is to gain also in geographic area
when you lose the wetlands.
When you do Brazilian pepper removal, melaleuca removal, like
they did on Little Pine Island, which on the other item -- I think it
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June 26, 2001
was one of the bidders that responded to the RFP -- that kind of
mitigation now is under a moratorium in the state. Environmental
groups opposed that heavily from the beginning. We still oppose the
whole concept of what they did at Little Pine Island, which was to
take already-owned conservation land and use monies for mitigation
to just enhance it. We think that's -- it's planned state money that
shouldn't be used to already enhance and improve our already-owned
conservation lands.
So if you are working on a mitigation bank-- which I'm glad to
hear that you are because that was my whole point of coming today,
to say that we need to develop a feasibility study to see if we can do
this mitigation plan. But definitely we would be outright opposed to
going into the Big Cypress to somewhere in Fakahatchee that's
already conserved and seeing a net loss of our natural resources
through mitigation.
So it's a major problem for us. It's a big issue for us. We fought it
at the state level, and it's still under a moratorium as far as I know, so
we would not like to see that happen in Collier County. It's not the
way to go for mitigation. So I guess I'm glad now to hear that we are
moving towards mitigation within the county.
Also, we have some private mitigation banks. I know the
mitigation bankers and consultants were here today when I heard the
item was pulled. I'm not one that likes to take enterprises out of the
private industry and make it a government industry enterprise, but I
think that some of our mitigation banks are inadequate in the areas
where they're at because we have mitigation necessary within a
watershed or within a basin. And moving out of the county is
definitely a bad thing, but it's biologically the wrong thing to do when
you're moving out of a watershed and basin. I think that's probably at
this point all the comments that I have. Thank you.
CHAIRMAN CARTER: Thank you.
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June 26, 2001
MR. OLLIFF: In response, two things. One, yes, we are
moving towards a mitigation bank. Two, if the board or if for some
reason state and federal government has changed their position in
terms of being able to restore what may have previously been
wetland properties by exotic removals, there's also another option
that the board will have the choice to be able to decide and give us
some direction on. There are some properties that are currently, from
my understanding, not being pursued by the State of Florida that are
still part of the North Belle Meade area that may be an option for
another mitigation bank opportunity for us, and whichever of those,
the board will be presented with an option to give us some direction.
COMMISSIONER COLETTA: Do you have another speaker?
MR. OLLIFF: I do. Nancy Payton.
CHAIRMAN CARTER: Does this deal with both -- well, I
guess it really deals with both issues, so when we're done I guess we
can move on both issues.
MS. PAYTON: Nancy Payton representing the Florida Wildlife
Federation. My apologies for not being here when these related items
were heard. I appreciate the opportunity to speak now.
When we saw these on the agenda on Thursday, it was, "Oh, I
remember a conversation that took place in April that there was going
to be this effort of the county to establish some way to use mitigation
monies to be creative and to serve a number of purposes, not just
mitigation for infrastructure, but to protect wetlands, complement our
aquifer recharge areas, contribute to the Everglades restoration
effort."
Yes, there are lands in Belle Meade that we think would be ideal
candidates. In fact, the water management district has agreed with us
that we'd be ideal candidates for Collier County to purchase it for
mitigation. I'm sure that there could be an agreement worked out
whereby forestry could manage those lands or somehow relieve the
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June 26, 2001
county of that long-term obligation.
I don't understand why-- and forgive me if I didn't understand this
-- we have to wait five years to have our own program because
developers, when they need mitigation, they go out and buy land. So
I still don't understand why we can't now go out and buy land to meet
those mitigation obligations.
COMMISSIONER MAC'KIE: We can. We just can't buy
mitigation bank credits, but we certainly can and do buy land. MR. OLLIFF: Every day.
MS. PAYTON: Okay. So it still doesn't answer my question
about why we can't go out and buy land for Livingston Road
obligations.
MR. OLLIFF: It depends on--
MR. HARTWELL: You can go out and buy land. The land you
buy has to be approved by the agency for them to say it warrants the
credits. The problem that we have here on Livingston Road -- are we
getting into 16(B)9 now? I hope.
CHAIRMAN CARTER: Yes.
MS. PAYTON: You see, they're really one and the same.
MR. HARTWELL: Well, one and the same, but it takes a long
process for the agencies to approve land, and it takes also that you
have to prove that that bank is viable.
MS. PAYTON: Well, I'm not looking for a bank.
COMMISSIONER MAC'KIE: Forget the bank. Why don't we
just buy land? Why do we need a bank at all for this particular road
project as opposed to just buying land in Belle Meade?
MR. OLLIFF: Because that is part of our permit condition.
MR. HARTWELL: As part of our permit condition, we're --
MR. OLLIFF: Dick --
MR. HARTWELL: -- held by the Corps. Of Engineers on this
permit that we're going to this bank to purchase the land. It's a
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June 26, 2001
stipulation of Livingston Road North.
COMMISSIONER MAC'KIE: And why do we have to
purchase the land through this bank instead of just purchasing the
land like we always do?
COMMISSIONER HENNING: For credits.
MR. HARTWELL: Well, it's to get the credit.
You see, the program -- MR. OLLIFF: Dick--
MR. HARTWELL: When we built the road --
MR. OLLIFF: Dick--
COMMISSIONER HENNING: Dick.
MR. OLLIFF: In this particular case, we applied for a permit a
year ago. At that point in time, this was just the chosen option in
order to be able to mitigate for this particular road project. We're at
the point today where we actually need to be able to transfer money
to that mitigation bank in order for our permit -- for the county to
continue to meet its permit obligations. In fact, we have to transfer
the monies by the very first week of July in order for us to stay
current with our permit.
COMMISSIONER MAC'KIE: So why would we stay with that
option instead of just going with the more simple approach that we've
used in the past of just buying land instead of buying credit?
MR. OLLIFF: I'm not saying for future road projects that may
not be a good, viable option in terms of mitigation ofjust finding
some decent environmental property and negotiating, as part of the
permitting condition, the purchase of a 10 for 1 if it's off-site or
whatever that condition may be, but in this particular case on
Livingston Road that project will stop if we don't proceed.
COMMISSIONER COLETTA: I understand where you're
coming from there. No arguments on that. What I would suggest to
move this thing forward, if I may --
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June 26, 2001
CHAIRMAN CARTER: The U.S. Corps. Of Army Engineers is
controlling this one, ladies and gentlemen.
COMMISSIONER MAC'KIE: No, they're not.
MS. PAYTON: No. I disagree with that, Commissioner. There
was a deal struck that they agreed to, but let's forget about Livingston
Road and learn from that mistake --
COMMISSIONER COLETTA: Forget about that?
MS. PAYTON: -- so that we don't do that again. I am confident
that the Corps. Of Engineers and the water management district
would be more than happy to negotiate lands in North Belle Meade
that will complement the southern Golden Gate restoration effort,
solve some flooding problems, and solve some access problems that
currently exist for some Collier County residents. It solves many
different problems by thinking creatively by how we use these
mitigation monies, not just for roads, but for other infrastructure.
COMMISSIONER MAC'KIE:
COMMISSIONER COLETTA:
CHAIRMAN CARTER: No.
COMMISSIONER MAC'KIE:
Forget banks, buy land.
Not in this case.
Well, you can't in this case
because we made that option already, but for future reference why
would we ever go with mitigation banking instead of just buying
land?
COMMISSIONER COLETTA: Because--
MS. PAYTON: I think we need an overall program where we
might need mitigation banking in some, and we need to purchase
land, but what I don't see is this program yet.
COMMISSIONER COLETTA: That's what I want to address
right now.
MS. PAYTON: And maybe it's in the works.
COMMISSIONER COLETTA: I would suggest that we get a
report out as soon as possible of where we are in the process and then
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June 26, 2001
a follow-up report every four months as we move into it so we can
keep apprised of where we are on this.
MR. OLLIFF: My suggestion to the board is, one, you've got
some current items that need to be approved, but I couldn't agree with
Miss Payton any more that we need to get together and work on what
is going to be the future direction for the county infrastructure
projects.
The reason we bank is simply a matter of timing for us. If you
have the properties and the agreements already with the state ahead
of time, then you don't have to go out and start looking for it, and you
don't have to -- it's a timing issue on the project itself. I don't think
Ms. Payton, Mr. Simonik, or the county would disagree that
mitigation banking is a good program for the county in the future.
It's still buying land. It's just agreeing up front where is the land we
want to buy and going and taking it down today.
So I would suggest to the board that we go ahead and approve the
items that are on the agenda today but also as part of that motion you
direct your county staff to work with not only each other, but to bring
in the Florida Wildlife Federation and The Conservancy.
COMMISSIONER COLETTA: So moved.
COMMISSIONER MAC'KIE: Second.
CHAIRMAN CARTER: We've got a motion. We have a
second. All in favor signify by saying aye. (Unanimous response.)
CHAIRMAN CARTER: Opposed by the same sign.
(No response.)
CHAIRMAN CARTER: Motion carries 4-0. Thank you very
much. It gets down to we want a plan, long term, and we'll hear
about it as you evolve through the process involving The
Conservancy and Florida Wildlife. All right. Good. Everybody's
happy campers holding hands and smiling. We're going to break for
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June 26, 2001
lunch.
COMMISSIONER MAC'KIE: What time will we be back?
CHAIRMAN CARTER: We will be back here at -- let's see --
two o'clock.
(A lunch break was held from 12:45 p.m. to 2:07 p.m.)
Item # 10G
RESOLUTION 2001-268, RELATIVE TO ORDINANCE 91-31, AS
AMENDED, BY REQUIRING RECONSIDERATION OF THE
WATERFORD ESTATES PUD WITHIN SIX MONTHS-
ADOPTED
CHAIRMAN CARTER: Good afternoon, ladies and gentlemen.
Board of County Commissioners is back in session. We are now at --
under Board of County Commissioners, Item E. Mr. Mudd.
MR. McNEES: Mr. Chairman, we had a request that -- there are
some members of the public here for Item 10-G that we believe is
going to be very short -- that if you could perhaps hear that before the
CHAIRMAN CARTER: Mr. Mudd, we will get you up here.
Yes, we can move to 10 -- we've had the poor guy up and down so
many times he thought he was in a physical fitness program.
Okay. 10-G, then. Go forward with 10-G, Mr. Dunnuck.
MR. DUNNUCK: Yeah. I'm doing everything in my power to
keep Jim sitting down as long as possible.
For the record, John Dunnuck, community
development/environmental -- environmental services administrator.
10-G is a request from staff to go back and take a look at the
Waterford PUD. Our recommendation is not to create an entire new
PUD, but rather to review and then submit a new PUD that would be
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June 26, 2001
amended according to the new standards.
There's been some concern regarding the Habitat for
Humanity relating to this project. And in an SDP, which is part of
the current PUD, our recommendation is that -- to the board that you
go forward, require that they amend this PUD according to the new
standards so that we can have a comprehensive review from the
transportation division and other divisions, but that we would work
with the Habitat for Humanity to be sure that that SDP doesn't get
held up. They would be required to work with the new standards, if
new standards come forward with the PUD, but that -- in fact, that we
would not hold up their project and keep them moving.
CHAIRMAN CARTER: Questions by the board?
COMMISSIONER HENNING: No questions.
CHAIRMAN CARTER: Public speakers?
MR. McNEES: You have none registered.
COMMISSIONER HENNING: Motion to approve.
COMMISSIONER MAC'KIE: Second.
CHAIRMAN CARTER: I have a motion to approve by
Commissioner Henning, a second by Commissioner Mac'Kie. All in
favor signify by saying aye.
(Unanimous response.)
CHAIRMAN CARTER: Opposed by the same sign.
(No response.)
CHAIRMAN CARTER: Motion carries 4-0. Thank you very
much.
Item #10E
REPORT ON REQUEST FOR ADDITIONAL INFORMATION
(RFAI) FOR LONG-TERM AND COMPLEMENTARY SOLID
WASTE ASSESSMENT FOR COLLIER COUNTY- STAFF
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June 26, 2001
RECOMMENDATION WITH EXCEPTION WASTE TO ENERGY
AND MSW COMPOSTING
Now, here he is, the one and only, director of public utilities,
Mr. James Mudd.
MR. MUDD: Quick before they change their minds. Let's see
if I can get the screens to work.
CHAIRMAN CARTER: He's so shocked that he got up here
and can't get the equipment to work.
MR. McNEES: I'm just wondering which part he thinks we
might change our mind about.
COMMISSIONER MAC'KIE: While he's getting ready, let me
take the opportunity to say hello to my nephew Tucker who's visiting
from Mississippi. Hi, Tucker.
CHAIRMAN CARTER: Well, hello, Tucker. We're glad you're
here. I hope you--
COMMISSIONER COLETTA: Where's Tucker?
CHAIRMAN CARTER: I don't know.
COMMISSIONER MAC'KIE: Look in that TV camera and say
CHAIRMAN CARTER: Right there.
COMMISSIONER COLETTA: Oh, I see. Tucker, don't stand -
- get away from the TV. You're too close. You're going to get a
radiation burn.
MR. MUDD: For the record, I'm Jim Mudd, public utilities
administrator. It must have been a good lunch.
Today we're going to talk about long-term solid waste options.
We've started this process. We started heavy discussions in
November when we thought we were in a predicament, and we know
we're in a predicament still as far as landfill space is concerned. We
talked heavily about it up on the hill on December 20th, I think it
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was, or 22nd -- I think it was the 20th, the day before winter. It felt
like winter that day up on the hill. We've talked about it in January
when we came back to do some options about negotiations. We've
talked about it in February. We've talked about it in March. We've
talked about it in April. We've talked about it in May.
COMMISSIONER MAC'KIE: This is only since you've been
here. Some of us have been here for a while talking about it.
MR. MUDD: Yes, ma'am. But every month we've talked about
it, and we've started to take pieces away of this puzzle in order to
come up with some solutions that are well thought out and to provide
you with all the information that we possibly can so that you can
make a -- a well-educated decision for Collier County.
The staff initiated an electronics recycling program and received
confirmation from FDEP we'll receive $50,000 in grant money in
order to start this program off. We're one of three counties that
received the grant and only three counties in Florida. The board
approved negotiated agreements on June 12th, 2000, which included
collections of electronics at no additional cost. Staff is in the process
of stepping up recycling and processing systems.
To do a little benchmarking as far as C & D debris is concerned,
I provide this slide, and you can see from the slide that we're not
doing a very good job with the other top counties in Florida as far as
recycling of C & D debris. And we're going to talk about that at
great length, and the staff will make a recommendation that we go
out for bid for C & D recycling. We're in the process of doing a more
aggressive construction demolition program to achieve a higher
recycling rate.
We did the benchmarking, as I showed you on the previous
slide. We need to solicit a request for proposal to increase our C & D
recovery and recycling rates. If you -- if you take a look at the -- at
the C & D that's received in the landfill, if we can get at a 90 percent
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rate, we can pretty much take out about 20 percent of what we get in
the landfill on a particular year, 465,000 tons a year, and you can take
out a little less than a hundred thousand tons a year if we can recycle
our C & D.
Another benchmark that we went out and took a look at, we
started to talk about benchmark on -- on yard waste; biomass, as
George Yilmaz affectionately calls it; or you can just -- as Dr.
Ozores-Hampton calls it, it's grass garbage. But it's yard waste. This
is how we do against the other counties. And if it wasn't for the
composting effort that we're in with Pacific Growers right now that
Dr. Hampton and George Yilmaz worked out and so did Waste
Management -- because it's been almost a year.
And as we worked that process out, we've got about 70,000 tons
of yard waste right now that have moved out in the last 45 days out
into Immokalee. And I've visited the site. It's a first-class operation
with pilot program and full-scale operation on 141 acres that are
being provided out there. And it gets us up into the 80 percent.
We're still not where four other counties are that are leaders in the
State of Florida. We've got some work to do in that particular case
too.
Staff conducted a preliminary benchmark, as I've mentioned.
I'm on the second bullet. Staff is in the furth -- is in the process of
further increasing this rate by potential inclusion ofbiosolids, our
sludge, and other biowaste. We need to get our sludge from a
Category double A to a single A and do it like the City of Naples
does and Dade County and include our sludge waste that is coming
from our sewer plants; instead of depositing it in the landfill or any
other way, use it in that compost operation. And that'll give us
another 7 percent of our total tonnage that goes into the landfill as
sludge, and that would put it in an alternative means and be used to
fertilize the farmlands of Collier County. Again, we're in -- in close
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working relationship with Dr. Monica Ozores-Hampton to increase
our biomass recycling and compost for reuse.
If you take a look at this histogram or this chart, you get an
idea of how we do against other counties when it comes to
newspaper, glass, aluminum cans, plastic bottles, steel cans,
corrugated cardboard. We lead in some categories, like plastic
bottles. We could do a lot better. And when you go over to the far
right-hand side, though, you can see, when you do the overall
adjustment, we've got some -- we've got some room for improvement
as far as -- as far as our recycling is concerned.
And hopefully with -- with the mandatory commercial recycling
program that we're working on that we'll bring before the board in the
next month or so, and with our increased items that we're going to
recycle at curbside, that should do our numbers quite well and
increase our process against -- and our numbers against the other
leaders within the state.
The program, along with expanded residential recycling as
approved by the board on 12 June 2001, is expected to significantly
increase the glass and cardboard recycling and the other recycling.
And we'll start the expanded curbside on 1 July, and that's -- that's my
commercial, okay, because it's been signed. So that's good news both
out in Immokalee with Immokalee Disposal and with Waste
Management.
The staff is expecting to increase the landfill diversion rates by
implementing more aggressive biocycle and C & D recovery and
recycling programs. The staff expects to increase curbside residential
and commercial recycling as a result of mandatory commercial
recycling and expanded residential recycling programs. Our
preliminary study, pencil work, that we've done, George and I, we
think we can divert about 50 percent which presently goes into the
landfill. We'd like to take off about 225,000 tons a year with these
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programs.
Before I go into recommendations, we would like to-- we would
like to hear what Malcolm Pirnie has to say about their elevations and
their scheme and their -- their scenarios, the six of them -- when I
said schemes, vignettes, whatever you want to call them -- as far as --
as far as our solid waste options are concerned. I provided five of
them to you via e-mail, and then a sixth was added by the Zero Waste
Collier group. And I provided the evaluation packet to you
commissioners on Friday so that you could get an idea and get a read
ahead on that process.
In the middle of my briefing, Steve Schwarz from Malcolm
Pirnie will -- will present the integration report.
MR. KRASOWSKI: Can I address a misspoken thing here real
briefly? Number 6, which was presented through Mr. Mudd to
Malcolm Pirnie, has been modified by Malcolm Pirnie. I have the
original No. 6 that was modified by Zero Waste Collier to -- to show
you later. Okay. Thank you.
MR. SCHWARZ: Mr. Chairman, Members of the Commission,
good afternoon. For the record, my name is Steve Schwarz with
Malcolm Pirnie. I know these briefings probably are beginning to
seem endless, but I do think we're making some good progress.
We're ready to make some important recommendations today. And I
think what we've done now, we've moved beyond the stage of just
looking at individual technologies, and we're ready now to look at
systems, what we call scenarios, where we put the pieces together
and see how it might work for Collier County.
To recap briefly, we did an early request for expressions of
interest, which were reported to you on March -- in March. Based on
the results from that, we narrowed the field down to eight companies.
We then recontacted those eight companies, asked them for
additional information in writing, also conducted telephone
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interviews, also in one case conducted an in-person interview when
we thought that was necessary. And those all concern what we call
the core technologies, the technologies that might be at the heart of a
solid waste system and deal with most of the waste in Collier County.
There are also what we call the ancillary technologies, things
like landfill gas to energy or C & D recycling, which are probably
components of any system. And we also investigated those further
through another -- a request for expressions of interest process. We
contacted some 1500 firms by e-mail. We also ran an ad. That
process is actually still open until August, but we will report to you
on the results so far.
To recap, the core technologies were -- first two choices that
involved out of county disposal; one being truck hauled, presumably
to some place in Florida, for example Okeechobee or Glades County;
rail haul which would be an out-of-state alternative. Waste to energy,
and we have two alternatives there: One, the mass burn system that
is common in Florida; and the other one was the newer system, the
circulating -- RDF to circulating fluid bed.
That was represented by Foster Wheeler, but they did not
respond at all to this stage. And that is consistent with our
understanding that subsequent to the failure of their new facility in
Robbins, Illinois, that they have withdrawn from the business, and
they're no longer interested in proposing. So I think they're out of the
game.
We also looked at MSW composting. And then the last, which
we called gasification here, which could also be called pyrolysis, that
-- there we're referring to the technology that's marketed in the U.S.
By a company called Brightstar, which is -- has one example at the
moment, which is an Australian city. So those are the core
technologies we're looking at.
CHAIRMAN CARTER: Is not Brightstar, sir, the one that is a
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part of Energy Developments, Ltd.?
MR. SCHWARZ: Yes.
CHAIRMAN CARTER: Thank you.
MR. SCHWARZ: The ancillary technologies include material
recovery facilities, both clean and dirty; curbside recycling; biodiesel;
landfill gas to energy; biosolids, which is a variety of composting;
and C & D recycling.
As I mentioned, having assembled this data, we then sought to
assemble these into various scenarios that represent complete
systems. Let me say that there are, no doubt, an infinite number of
scenarios. We're not at all representing these are the only possible
ones, but I think -- I think these capture the essence of each of those
ideas, and they're good for evaluation. They could be modified.
Here's the first scenario. This one happens to be truck haul out
of county. First let me remark, if you look at the left side of the
diagram where you see things like mulching/composting, dirty MRF,
clean MRF, biodiesel, and even the Naples Landfill -- landfill gas
utilization on the right side, I think what you're going to see is that
those components are in common with just about every one of these
things. Now, these are the things that Mr. Mudd was referring to
earlier. They're really a necessary component of any of these
systems, and I -- we agree that, you know, through these -- through
these elements, Collier County should be able to do better than 50
percent recycling.
CHAIRMAN CARTER: For our listening audience, will you
clarify the word "MRF"?
MR. SCHWARZ: Yeah. MRF, M-R-F, is our jargon for a
materials recovery facility where material collected is sorted into,
say, cans, bottles, newsprint, and so on. A clean MRF would handle
material that has already been curb separated either by the collector
or by the homeowner. A dirty MRF is where you take material that
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has not been presorted but actually sort it at the MRF to get higher
recycling rates.
We describe that as an optional element here because there's
really a cost-benefit analysis necessary. I mean, does it pay to spend
more money at the dirty MRF to get better separation? That kind of
depends what you're spending at the other end. Or am I avoiding,
say, a hundred dollars at a waste-to-energy facility, then I probably
want to spend the money at the MRF. If I'm only avoiding $40 at a
landfill, maybe I don't. The rough cost of this alternative, looking at
the core technology, is probably in the 40-to-$60-a-ton range,
although we won't really know that for sure until we bid it. And as
you'll see later, where we're coming out is we recommend that we bid
it.
So this scenario relies on a very well-proven technology:
landfills. Landfills work. Whatever else you can say about them,
they work. The landfill would be located outside of Collier County.
The landfill in itself is neither a pro nor a con to recycling. You can
still do recycling first, and you would certainly need other facilities
like materials recovery facilities and C & D recycling facilities to get
your recycling rate up to what it should be.
Let me just mention something here. You see a 30 percent
number there and a minute ago I said above 50, and Mr. Mudd said
above 50. When I talk about above 50, I'm talking about what I
would consider real recycling, I mean what really gets recycled. But
the State of Florida DEP has their own formula that you have to use
to calculate recycling. They only give you credit for certain
elements, so that number tends to come out lower. So if you're
comparing it county to county, you'd want to use that number. That's
the 30. But in reality it'll be over 50.
Scenario No. 2 is the waste-to-energy-facility scenario. Again,
although the boxes are rearranged slightly, the elements are pretty
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much the same. We still have recycling of yard waste. We still have
recycling of C & D. We still have materials recovery facility and
recycling of household waste. We would still have landfill gas
utilization. In addition, with this alternative we get a little bit better
recycling because we get metals, both ferrous and nonferrous, out of
the waste-to-energy facility, that can be recycled. And, I think very
importantly, we get a substantial energy recovery element. This
would be the most expensive alternative. We estimate it here at 85 to
$110 a ton.
So Scenario No. 2, in summary, again, well-proven technology,
many facilities like this operating. The facility could be located in
Collier County, so you would have control over it as opposed to an
out-of-county facility. You could use the Naples Landfill for ash
disposal, and it would last probably a hundred years for that purpose.
It's -- it's the most costly alternative, but it does provide for good
recycling rates and power generation.
This is the third alternative. This is rail haul out of state,
very similar analysis to the truck-haul alternative. In some senses --
some sense the rail haul is a little riskier because now you're crossing
state lines, so you have more jurisdictions to worry about.
At the same time, there's a benefit. Once you've -- once you've
invested in the infrastructure for rail, once you have a facility to load
refuse onto trains, the characteristic of rail haul is the distance doesn't
matter. The difference in cost between going to one state or another,
within reason, really makes very little difference. So although you're
a little more vulnerable to upsets in a particular state, you have a
much better chance of sending it to someplace else in another state.
So this analysis is very similar to the truck-haul analysis.
Again, it relies on a remote landfill, so you lose an element of control
there. It has no direct effect on recycling rates, and you still need the
local recycling infrastructure.
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This is the composting alternative. I want to make sure we
distinguish the different kinds of composting. There's composting of
organic waste, say composting of sewage sludge, for example, or
composting of leaf and yard waste. Those are well-established,
reliable technologies, because composting is basically a biological
process that works well in organics. Here we're talking about MSW
composting, and that means that we're talking about composting of
material that starts out, at least, with a lot of things in it that don't
compost: Cans, bottles, plastic, and so on.
Now, all of the systems that compost MSW rely on different
methods for screening out at least some of those materials that won't
compost, either screening them out before, screening them out after.
But MSW composting, because of those contaminants, is inherently
much more difficult than composting simple organics.
CHAIRMAN CARTER: Are there also some older challenges
with that process, too, if I understand it?
MR. SCHWARZ: Yeah. The MSW composting industry in the
U.S. Has had quite a number of serious setbacks. There've been --
probably been a dozen plants or more that have been forced to close
and fundamentally for two reasons: One is odor problems, and the
second is unmarketability of the compost. If the process is not
successful in getting out the contaminants, the compost may well be
unmarketable, and this kind of defeats the whole purpose of the
composting facility.
COMMISSIONER COLETTA: So we're looking at an
alternative that isn't one of the best ones at this point in time
compared to the information that you--
MR. SCHWARZ: Yeah. As you'll see in a moment when we
get to the ranking, we give it a negative for that aspect. It has its
good aspects, and it has its bad aspects. But I would definitely say --
we would definitely say that this is a riskier alternative than the
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others because of the -- of the poor track record of this technology.
This is a summary. Again, you could locate this facility within
Collier County so you do have control. There have been odor
problems and problems with the use of the finished material. And a
good thing, though, is if this were working, this would get very high
recycling rates.
Collier County -- this is the fifth scenario. This is the
gasification or the Brightstar alternative. Just a brief summary of
that, just so you remember, there's a -- the way that technology works
is there's an autoclave-type device at the beginning where the waste is
heated and moistened, and it -- basically the matrix breaks down.
Instead of garbage as we know it, it gets soft and becomes much
easier to handle and much easier to separate out the plastics, metals,
and glass.
And then there's a mechanical processing step, which is similar
to a material recovery facility, where this material is sorted and
separated. And then there's a drying step, where the moisture is
squeezed out. And then the material is pelletized and put in a gasifier
or a pyrolysis unit.
The important distinction here is that incineration, you burn
something, and you get gases which have contaminants. Although
we clean them up the best we can, inevitably there are going to be
contaminants and those gases have to be exhausted through the
atmosphere. With this system, the waste is contained in a vessel and
heated from the outside. So it decomposes -- the heat makes it
decompose -- but there's no exhaust. It's then routed to clean-up
facilities and then ultimately burned. Theory, what we're told, is that
that burning process is very clean, and there are no contaminants, no
significant contaminants, from it.
COMMISSIONER HENNING: Before we move on, you're
saying that there is a dirty MRF on the front side of this. That's what
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I hear. And is that included in the cost for the 40 to $50 a ton?
MR. SCHWARZ: It is, yeah.
COMMISSIONER HENNING: Wow.
MR. SCHWARZ: Yes. "Wow" is exactly the right word. I
guess to confess our own bias in all of this, our own bias is to be very
conservative about this stuff. I mean, we've seen a number of failures
in the field, and counties are not, in our view, in the risk-taking
business. So we tend to lean very heavily towards the tried and true.
COMMISSIONER HENNING: And this is -- 40 to $50 a ton is
for how many years? You're basing that on -- I mean, you have a
facility that needs to be constructed. MR. SCHWARZ: Right.
COMMISSIONER HENNING: Is that construction cost
included in this 40 or $50 a ton?
MR. SCHWARZ: Sure. In all of these facilities -- there are
different ways to finance it, but we're not worried about that detail
now.
COMMISSIONER HENNING: Right.
MR. SCHWARZ: In all of these facilities, these are simply the
life-cycle cost. In other words, we've taken the --
COMMISSIONER HENNING: Life-cycle cost.
MR. SCHWARZ: Life-cycle cost.
COMMISSIONER HENNING: Gotcha.
COMMISSIONER MAC'KIE: You were about to say you're
leaning?
MR. SCHWARZ: Right. As I say, we're very conservative, so
one might well say, what in the world are we doing here with a
facility of which there is one in the world which has been in
operation for four months? And the reason it's here is -- is the
promise of a cost even below the cost of landfilling -- not your local
landfill but a long-haul landfill -- plus, you know, very impressive
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description by the -- a company that's urging us to buy it about how
well it performs and how clean it is.
As you'll see later, I think, if we're interested in this -- if
you're interested in this, that all needs to be checked. But were that
true, this would be an attractive alternative or exciting alternative. So
this is relying on emerging technology with a short operating history.
Developers claim very impressive environmental performance and
recycling performance. Again, you could use the Naples Landfill for
-- they call this char, but it's like ash -- and it would last a long, long
time, and it would be very cost-effective if these costs are correct.
The last alternative is the one that was presented to us by Zero
Waste. If we -- if we --
COMMISSIONER MAC'KIE: It's some modification of what
was submitted.
MR. SCHWARZ: Right.
CHAIRMAN CARTER: Some modification. You'll have a
chance to present exactly what you presented but -- so don't get
excited here.
MR. SCHWARZ: If we've confused this at all, we apologize.
We were only trying to report what was explained to us. In many
ways this is similar to the composting alternative that we discussed
earlier, but it's a more innovative, more ambitious application of that
technology. Some things that have been added, you see the FERCO
gasifier at the top. That's the wood waste gasifier that you were told
about at the workshop two weeks ago, the one that operates in
Vermont.
A key element of this and a key reason why this is different than
the composting alternative we discussed earlier is the three-can
collection system that's proposed here. Remember we talked about
composting being good for organics. This scheme tries to enhance
that by having separate collection of food waste from households and
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commercial establishments.
And it certainly -- it certainly is correct that if that material were
collected separately instead of being mixed in with a lot of cans and
bottles, it would compost much better. But separate collection of
organics is a big job. I mean, it needs -- it means another parallel
collection system, and it means that homeowners would be -- would
have to have a separate can for food waste which, in this climate, can
lead to odor and insect problems. So -- and there also -- it's a
significant cost, as you'll see.
This is -- this is the same scenario that we've just put a
reorganized -- our way, just so we could understand it better. And
what you see and what we tried to do here -- you'll see the compost
number is very high there; 180 to 200 is a rough estimate. And that's
not -- and you might ask why is that so much more expensive than
just composting, and that's because we've tried to estimate the
additional cost of a three-part collection system. Only about 11
percent of the waste stream is food waste, so if you have to construct
a separate collection system for only 11 percent, you don't have all
that many tons to divide by, you get a high cost per ton that way.
COMMISSIONER MAC'KIE: And why would that require
separate collection?
MR. SCHWARZ: Well, the -- the idea of the scheme is to keep
the organics separate -- or one of the ideas is to keep them separate,
and then they compost better, which is --
COMMISSIONER MAC'KIE: But, I mean, I understand I'd
have two separate garbage cans, but why couldn't they all be
collected at the same time?
MR. SCHWARZ: In this scheme you'd have three garbage
cans.
COMMISSIONER MAC'KIE: I understand. But why couldn't
they be collected simultaneously?
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MR. SCHWARZ: Well, because the garbage cans get dumped
into the truck. If you dump them into the truck, they mix together.
COMMISSIONER MAC'KIE: But the recycle folks that come
by, they take it, and they put the cans in one, the paper in one, and the
something else in another.
MR. SCHWARZ: But typically you'd have one -- with a typical
recycling program, you'd have one truck that collects ordinary waste.
It's just dumped in the back and compacted. And then you'd have
another truck that collects the recyclables. And it's done different
ways in different places, but the way it's done in Collier County is
curbside sort. So the recycling truck, the driver takes the newsprint
and puts it in different bins.
COMMISSIONER MAC'KIE: So what I'm saying is if I had
my food in a bin and my something else in a bin and my something
else in a bin, why couldn't there be one collection that comes along
and dumps this one into the front third of the truck, this one into the -
MR. SCHWARZ: Interesting idea. I hadn't thought of that. So
you're proposing another -- you're proposing a kind of truck that
would have the capacity for collecting organics and recyclables all
together.
COMMISSIONER MAC'KIE: I'm just asking because I don't
know.
MR. SCHWARZ: I hadn't thought of that, and I don't know
anyplace that--
COMMISSIONER COLETTA: That was one of the proposals
that was given to us in the workshop. They were telling us about
how they had it broken down between the dry garbage and the wet
garbage. They-- they separated the organic from the rest of it, and it
was picked up at curbside.
COMMISSIONER MAC'KIE: Yeah. It sounded to me --
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COMMISSIONER COLETTA: And I can't remember who it
was, but I can remember that part of the presentation.
COMMISSIONER MAC'KIE: -- like it was two garbage cans;
one for dry and one for wet. And then there would be -- horticultural,
I guess, would be -- but that's already separate.
MR. SCHWARZ: Again, we're reporting-- we're reporting
somebody else's system here, but this purports to be a three-can
system.
COMMISSIONER MAC'KIE: But that doesn't mean three
different pickups.
MR. SCHWARZ: The way it's been done in the jurisdictions
that I'm familiar with has been -- has been three pickups. You're
proposing a kind of truck that would be adapted to collect both
organics in, say, a separate compartment, and other, let's say, hard
recyclables in different compartments. And I -- and I'm not saying
that's impossible or even unknown. I'm just saying I'm not aware of
it and hadn't thought of it.
COMMISSIONER MAC'KIE: Okay. Because that -- for my
vote anyway, you could go ahead and tag that as something that I'd
be interested in knowing, and we could refer back to, as
Commissioner Coletta said, the person who was here at our workshop
who talked about having two bins, wet and dry. That sounded pretty
darn simple to me. And if that-- because if that becomes a negative
in the -- in the possibility of looking at Scenario No. 6, then we need
to investigate it more thoroughly before we write it off.
COMMISSIONER HENNING: And let's talk about odor issues
with this compost of-- of solid waste. What kind -- it was said
before about odor problems. What's different from this from other
composting facilities that have failed in the --
COMMISSIONER MAC'KIE: These are entirely enclosed, the
wet compost here, the way they talked about it at the workshop,
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anyway.
COMMISSIONER HENNING: And there have been enclosed
facilities that have failed in the United States.
MR. SCHWARZ: Right. The-- I think you're thinking of the
Canadian composting alternative. They do have an enclosed
anaerobic digestion step. That's really only for the liquid portion.
They get a kind of bleach aid out of the way that they squeeze out,
and then they digest anaerobically.
COMMISSIONER MAC'KIE: Were you at our workshop?
MR. SCHWARZ: Yeah. And we -- we called Canada
afterwards to find out more about it.
COMMISSIONER MAC'KIE: I'm sure you're more informed
than I, but it just seems like there -- I -- maybe I wasn't at the
workshop, but they were talking about a totally enclosed system that -
COMMISSIONER HENNING: That's the Canadian.
MR. SCHWARZ: Right. I guess one of the things -- I was
going to say it a little later, but let me say it now. If-- if it ends up
that the commission is interested in something like the system in
Australia or the system in Canada, what I was going to say is it's
absolutely imperative to go and see these systems. You know, we've
seen a lot of systems around the world, but we can't possibly see all
of them.
COMMISSIONER MAC'KIE: Of course.
MR. SCHWARZ: So you've got to go and look. And I was
going to suggest, if it's not presumptuous, that a representative of the
commission should come along. There's a --
COMMISSIONER MAC'KIE: I'll go to Australia; you go to
Nova Scotia.
CHAIRMAN CARTER: You can -- anybody wants to go to
Australia, that's fine with me. But I couldn't concur with you more
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that when we get to that point as a commission, we say -- let's say we
get it down to two that we really feel are very promising, that we
need Jim Mudd, our director of utilities, staff of his selection, a
commissioner to go and examine these. We've got to have a hands-
on approach to this where we really understand it, and then we can
come back and have the final discussion, because you don't talk about
investing millions of dollars and sit here behind this dais and say,
well, I've got all the answers. You've got to get out and look at it.
MR. SCHWARZ: And there can be a world of difference
between what you hear from what are essentially salespeople at
workshops and what's really there.
COMMISSIONER MAC'KIE: And did you -- the one that's
four months old, the pyrolysis, you've seen it? MR. SCHWARZ: No.
COMMISSIONER MAC'KIE: So we don't know yet if it's -- I
mean, we like it, but it's just there on a salesman's pitch.
MR. SCHWARZ: Very skeptical, right. It sounds wonderful
but I've heard that before.
COMMISSIONER MAC'KIE: Yeah. Okay. Just trying to keep
all the pieces in--
MR. SCHWARZ: Just going back to the other, there still would
be a solid component. There's still -- there's a solid component.
Now, right now the composting facility that we heard about in
Canada is actually not composting that solid component. They're just
giving it to somebody else, Scotts, I think, who compost it separately.
But when they have the system fully operating, the intention is that
they would compost that component, and ultimately that compost has
to be stabilized in wind rows. All these composting systems require a
stabilization step in wind rows. Now, I think they are proposing to
do that in a building.
COMMISSIONER MAC'KIE: What is the word you said?
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June 26, 2001
MR. SCHWARZ: A wind row is a -- kind of a big pile. You
stack it up in big piles in rows.
COMMISSIONER MAC'KIE: Is it something that would be in
Collier County?
MR. SCHWARZ: Yes. You need a substantial period of time
to -- for this compost to fully stabilize, for the biological actions to
finish. And even though that would probably be done in a building, a
very large building, that building has to be ventilated. So that's
usually where the odor problem has come up, where these wind rows
which are -- ideally they're fully aerobic and don't cause odor
problems, but sometimes they do. And if the ventilation system on
that building doesn't have adequate odor control or the odor control is
overwhelmed, you've got a problem. And that's happened a lot.
COMMISSIONER HENNING: And let me just remind the
board, this is part of the reason why -- how we got to this process --
why we're here today is because of the odor problems at the Naples
Landfill.
COMMISSIONER COLETTA: You don't really care to spend
millions of dollars to be right back to where we are right now; is that
correct?
COMMISSIONER HENNING:
COMMISSIONER MAC'KIE:
Exactly.
But I --
COMMISSIONER HENNING: Unless I can have a big fan and
blow it in somebody else's district.
COMMISSIONER MAC'KIE: Wasn't there -- wasn't there --
CHAIRMAN CARTER: Goes east, Commissioner.
COMMISSIONER MAC'KIE: Wasn't there a totally enclosed
composting system, the anaerobic system? Even that one involves
these rows and--
MR. SCHWARZ: Right.
COMMISSIONER MAC'KIE: Okay.
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June 26, 2001
MR. SCHWARZ: These -- you're thinking of the anaerobic
digester which just deals with the leachate piece.
COMMISSIONER MAC'KIE: Okay.
MR. SCHWARZ: Okay. To try to evaluate these systems,
working with staff we came up with a scoring system and a number
of categories that we used. And we're going to -- I'm going to present
those scores to you and show you how the score come out. But let
me say right at the beginning that there is inevitably a subjective
element to any scoring like this. If you ask us what does something
cost or how many pounds a day or something, we can calculate it.
But when we have to weigh environmental impact versus cost versus
recycling rate, obviously reasonable people can disagree. So we'll
give you our evaluation and our recommendation, but in the end,
ladies and gentlemen, you have to weigh that yourself.
COMMISSIONER HENNING: So tell me how you got to your
ranking process. You're saying you put in all those things?
MR. SCHWARZ: Let me just show you. Here are the -- the six
categories that we decided to use. The local community effects,
things like appearance, odor, noise, traffic. General environmental,
global environmental, if you will. In other words, if you put a landfill
in Alabama, it may not have any effect on Collier County, but it still
has an effect on the environment, not to mention the trucks that go
back and forth or the trains. Local economic effects, what it would
cost. What impact it would have on rates. Does it have a liability
component? Efficiency and productivity, how much public
participation or public inconvenience, if you will, does it cause?
What effect does it have on the recycling rates? How adaptable it is
to the changes in the future. Siting effects, would there likely be
community opposition? Would that delay the project? Would it be
costly? Would it have a health and safety risk? And lastly, risk,
uncertainty, is this proven or risky?
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June 26, 2001
COMMISSIONER HENNING: Now, did you rank these at the
order that they're in, or did you give a equal weight or --
MR. SCHWARZ: What we did was, for each of these
categories, we gave each technology a score for each category, and
the score ranged from plus 2 for very good to minus 2 for very bad, 0
being neutral. We have a lot of arguments about these ranges.
COMMISSIONER MAC'KIE: Yeah. I would have to put
numbers on--
MR. SCHWARZ: It's not easy. Okay. Here's the rankings for
the six technologies. This is No. 1, which is the truck-haul
technology. Local community, we gave it a neutral. It has no direct
impact to the local community. It's someplace else.
COMMISSIONER MAC'KIE: Can we talk about these as we
go? I'd like to -- I'd say that that would be a positive 1. You know,
the fact that the landfill wouldn't be in our county would be positive.
MR. SCHWARZ: And it certainly could be done that way. Our
interpretation was positive is actually -- in other words, there's some
things people really like, like maybe a sports arena. That's a
desirable. Not having something there is not actually desirable, it just
isn't bad. But we could do it your way, yes.
COMMISSIONER MAC'KIE: And I'm going to -- I'm just
going to do my little rankings, and I would encourage the
commissioners to do the same thing. They start on page 3-1 of the
little bound book. Because if we do ours as we go, then we can hand
them to you and have you do the math and tell us if we agree with
your recommendation or not, just mathematically. It's on this little --
the one that they gave us on Friday, this thing. Mine was out here
this morning.
MR. KRASOWSKI: Excuse me, Commissioners. I hate to be
out of order, but this material is not available for the public to review
prior to the meeting, nor is it available now for us to follow along
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June 26, 2001
with. You got those, we didn't. We don't -- not even on a recyclable
-- printed on recyclable paper or anything.
CHAIRMAN CARTER: With all due respect, Mr. Krasowski,
we're not going to make a decision today. We just want to get some
idea in our own minds, and we will share all this with the public. So
it's --
MR. KRASOWSKI: Okay. I just wanted to make that point.
Thank you.
CHAIRMAN CARTER: Thank you.
COMMISSIONER MAC'KIE: Okay. I won't interrupt you on
every point anymore. I just thought it would be --
MR. SCHWARZ: Definitely arguable. I mean, that-- there's
nothing, you know, perfect or right about these. It's just the way we
looked at it. Environmental, this being the big picture environmental,
we gave this a modest negative. There is a landfill someplace, but we
assume it would be a well-designed, well-operated landfill. Local
economics, we give this a neutral. I'm sorry?
COMMISSIONER MAC'KIE: Nothing.
CHAIRMAN CARTER:
Commissioner Mac'Kie hid it.
numbers.
Okay. Sue, I found mine.
She didn't want me to play my
COMMISSIONER MAC'KIE: Not true.
MR. SCHWARZ: Local economics, we give this a zero,
neutral, because it's a relatively low-cost alternative.
COMMISSIONER MAC'KIE: Oh, I lied. I'm going to interrupt
you. But it's more expensive than what we're doing, so that makes it a
negative 1 to me.
MR. SCHWARZ: Again, you could do that, but I guess here
we're evaluating these against each other. We didn't consider that --
this analysis didn't consider the do nothing, just use Naples as on the
table. This analysis --
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June 26,2001
COMMISSIONER MAC'KIE: All right.
MR. SCHWARZ: -- just looked at which of these six is best.
Efficiency and productivity, neutral. It doesn't have any particular
impact on the citizens. It doesn't help or hinder recycling rates. Local
siting, you don't have to do. And risk, a modest negative, primarily
on the control issue. It's out of-- it's out of county. Other
jurisdictions -- thank you. Excuse me. Other jurisdictions have some
control over your furore.
Scenario No. 2, this is the waste to energy -- so that ends up
with a minus 1 overall. Scenario 2 -- and there's a table at the end
where we compare these.
Scenario 2 is the waste-to-energy scenario. Local community
gets a significant negative. These are very unpopular facilities.
Global environmental gets a neutral. There are many of these
facilities that operate today that meet all permit standards and so on.
Local economics big negative because it's very expensive.
COMMISSIONER MAC'KIE: Is 2 the highest negative you've
got?
MR. SCHWARZ: It's as high as you can go -- or as low as you
can go. It's a minus-2-to-plus-2 spectrum.
COMMISSIONER MAC'KIE: Okay.
MR. SCHWARZ: Efficiency and productivity gets -- gets a
plus. You can have all the regular recycling stuff and your recovered
energy and the metals from the back end. Siting gets a negative
because of the lengthy and costly permitting efforts. And risk is
neutral because it's a well-proven technology with reliable companies
supplying the equipment. So that ends up pretty negative, minus 2.5.
COMMISSIONER MAC'KIE: I got a negative 5 on that one.
MR. SCHWARZ: Pardon me?
COMMISSIONER MAC'KIE: I got a negative 5, you wouldn't
be surprised to know.
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MR. SCHWARZ: Okay. We're going to have to normalize
your scores, Commissioner. Okay. But a rail haul, this is pretty
much the same as the truck alternative. It's neutral in many
categories, good on economics, modest negative on environmental,
and modest negative on risk because of the loss of control issue. It
ends up with a minus 1, just like the truck haul.
This is the composting alternative. We give that a negative on
local community. Primarily because of the odor issues, these have
not been popular facilities where they've been sited in other places.
We give it a minus, negative, on environmental. There are odor and
even some health issues with composting. There's a particular fungus
that grows in compost that has been implicated in pretty serious
human health impacts. And then the compost itself, if the separation
isn't successful, could contain contaminants which would end up
contaminating the soil.
COMMISSIONER MAC'KIE: So why didn't we hear about -- I
mean, that's just --
CHAIRMAN CARTER: Let's stick to the rating for a moment,
please.
COMMISSIONER MAC'KIE: Okay.
MR. SCHWARZ: Local economics, this is more costly than the
Florida way, alternative, although not as costly as the incineration
alternative. Efficiency and productivity is good, you know, lots of
recycling and a marketable soil product. Local siting we think would
be contentious. And risk we gave a negative 2 (sic), primarily
because of the numerous failures of these kinds of facilities, not to
say that there haven't been some successes. And, you know, some of
the manufacturers that were here, you know, may say they can do it,
but you have to look at it in the big picture, and it has been a very
spotty technology.
COMMISSIONER MAC'KIE: Is this Scenario No. 4?
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June 26, 2001
MR. SCHWARZ:
COMMISSIONER MAC'KIE:
what mine has, for risk.
MR. SCHWARZ: Correct.
COMMISSIONER MAC'KIE:
This is No. 4.
And you gave it a negative 1, is
I thought you said 2.
MR. SCHWARZ: No. The overall is minus 2.5. This is the --
this is the Brightstar gasification or pyrolysis alternative. Now, here -
- here I'm -- I mean, I'm kind of breaking one of my rules or-- I'm --
I'm taking the vendors at face value, which I know is -- I'm
suspicious of that, or I'm cautious of that. But for the moment I'm
doing that to see how it comes out, understanding that we'd never
build it from this. We'd only say maybe it's worth a look. Maybe this
is true, maybe it's not.
But suppose it's true, I guess, is what I'm saying. If it's true, the
local community effects are negligible. They say it has virtually no
emissions, no impact. The environmental impacts are negligible.
The local economics are good. This is the low-cost alternative, even
compared to out-of-state landfill. Efficiency and productivity are
good. Good recycling rates and energy recovery. Still it's a solid
waste facility and has to be permitted. I don't think those things are
ever easy, so we give it a negative for that. And we give it a negative
for risk; again, relatively new technology, not a long track record.
However, that comes out to a 0, which is good in the scheme of
things.
COMMISSIONER MAC'KIE: And I gave it a negative 2 on
risk just because there's only one. We haven't seen it. It's been
operating for four months. What the heck would get a negative 2 on
risk if not this?
CHAIRMAN CARTER: Is that true, it's the only one?
COMMISSIONER MAC'KIE: It's the only one --
MR. SCHWARZ: Correct.
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June 26, 2001
COMMISSIONER MAC'KIE: -- in the world. It's been
operating for four months. Nobody in the room has seen it.
CHAIRMAN CARTER: Well, let's go to Australia and look at
it.
MR. SCHWARZ: Right. You could well be right,
Commissioner. They have said-- if I could digress for a moment,
how would you -- how would you actually do something like this? I
mean, would we ever recommend to you that you actually buy one of
these things? Never. Impossible. Even if we went to see it and it was
the Emerald City, we still wouldn't believe it until there's ten of them
working.
So the only way you might do it is if you went and looked at it
and it was really good and they were really cheap, would be basically
on a prove-it basis. So what you might do is you might say, okay,
we'll give you 20 acres over here at the landfill. You build it. You
operate it. When you're ready for an acceptance test, you tell us.
We'll send you some waste if you need it to test it.
And after our engineers say it's passed the acceptance test, then
we'll activate our contract which says we send you all our tons every
day. And if it's not good-- we'll give you whatever, three years, let's
say, to get it going. And if you haven't gotten it going in three years,
off the site. And post a bond. The bond pays you for your work, to
pay us and to pay the staff, and it pays you to clear the site if they go
bankrupt and you're left with a facility.
COMMISSIONER MAC'KIE: And with a right to toss them if
it causes any problems that are unacceptable to --
MR. SCHWARZ: They can't cause environmental problems.
Now, that's the toughest scenario we ever present to any vendors.
That's the scenario we present to them. There's -- we don't trust, that
it's not proven, and you're going to have to show us. And usually
nobody can do that because that means it's 100 percent their money.
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These guys say, fine, we'll do it. Now, is that really true? Will they
really do that when it comes time to signing contracts? Maybe. It's
not unknown for salespeople to say, sure, we'll do it and the legal
department to say no. But, again, that's what they're saying.
CHAIRMAN CARTER: Well, I don't know. I agree with you.
It's a higher risk area, but I will factor in the Far East Merrill Lynch
Desk Assessment of Energy Development, Ltd., as I go through that
process. A billion-dollar enterprise, people in the capital side of the
business, private enterprise, does not easily chase ghosts, so we'll see.
We'll put them to the test. You want to come and build it and test it
and if it works, fine.
COMMISSIONER MAC'KIE: Is what you're saying --
CHAIRMAN CARTER: But we're going to find out.
COMMISSIONER MAC'KIE: Are they a publicly traded
company?
CHAIRMAN CARTER: Yes, they are.
COMMISSIONER MAC'KIE: And their stock is doing well?
CHAIRMAN CARTER: Well, I'm not a fin -- I'm not a -- I'm
not an analyst on that basis. I will not go there. But there's a report.
You can check with your own sources. Merrill Lynch Desk rates it as
a long-term buy for the company. So, to me, that's just a factor in all
of this in terms of what I'd want to see eventually come out of this
process. But I'm like you, from Missouri, show me.
MR. SCHWARZ: Now we come to the last scenario, No. 6, the
one that was given to us by Zero Waste. I'm sure this is going to be a
controversial rating, but this is our opinion. We give this a minus 1
on the local community because it's a big composting element. And
as we discussed earlier, there's been a negative history on
composting. Similarly we give it -- and this is the same as what we
gave the other composting -- a minus .5 for environmental.
We give it a minus 2 on economics because we see this as a
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June 26, 2001
complex, costly alternative. We give it a plus 2 on efficiency and
productivity because it would achieve very high recycling rates. We
give it a negative on local siting. More or less like most solid waste
facilities, it's not going to be popular. And we give it a negative on
risk because, again, of the complexity and because the record on
composting plants hasn't been good. And when we add all that up,
we get a minus 3.5.
COMMISSIONER MAC'KIE: And I got -- I don't know -- you
know, you gave them neutral -- you gave them the same ranking as
you gave the others with regard to composting, and I'm very curious.
I'd need more education about that. I thought I learned earlier that we
didn't have -- that there were ways of addressing that composting
smell by separating the trash early into wet and dry, doing it
anaerobically. I mean, I'm sure I've got a lot left to learn, but I
thought there was a way to address that.
And the environmental, I would say this has to be a plus, even if
it's just a plus .5 because of the net no waste or, you know, as near to
no waste as possible, because this system makes a loop all the way
back around to the beginning in an attempt to reuse or recycle or
refuse to use items that can't be reused or recycled.
MR. SCHWARZ: Yeah. I guess we're -- we're very skeptical of
that idea. As the -- the doctor who was an expert on composting said
to you, I think her advice was you have to understand that you're in
the compost production business, not in the waste disposal business.
And I agree with that 100 percent. The facilities that have been
successful have understood that they're in the compost production
business. They start from their customers. They say what does this
customer want. The potting industry, for example --
COMMISSIONER MAC'KIE: Have you looked at that in this
county with all the ag industry that we have?
MR. SCHWARZ: But hear me out. We've done these things.
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You start from the customer, and you work back to the process. But
what happens when you do that? What happens is you say the
customer's not interested in glass in his compost. The customer's not
interested in plastic. Therefore, you end up with a very selective
composting facility that will, indeed, make excellent compost. The
trouble is it doesn't have much impact on waste management. I
mean, the county is not in the compost business. You're not in the
power business. The only reason you do any of those things is you
have a problem, solid waste, to manage and, say, electric generation
or compost or something is a by-product of that.
When you flip that around and you start out by saying we have
to make A-number-1 compost, the only way you're going to get that
is exclusion, by saying I won't take this waste because it doesn't make
good compost. But where does that get you? You've got to take the
waste. Or by rejection, screening. In other words, you make the
compost, but you screen out a lot of stuff to get it down to what the
customer wants. And where does that stuff that's rejected go? Into
the landfill.
So real-world experience is that compost strategies are
high-residue strategies. They -- when they work-- and lots of times
they don't work. But when they work, you end up with a lot of stuff
going into the landfill. You look at Biocycle's list of composting
facilities, if you actually go look at them, a lot of them are really just
putting the compost in the landfill for land spreading. I mean, they
consider that a success, and in some rural communities you can do
that. You could never do that here. But the compost is
unmarketable. You know, I question whether that's a viable strategy.
CHAIRMAN CARTER: Well, isn't there a composting
operation in West Palm? Is that a part of their operation?
MR. SCHWARZ: That's horticultural. West Palm has a -- Palm
Beach County has a RDF waste-to-energy facility. That's why, I said
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that earlier, you've got to be careful. If you just take composting and
you include things like food waste, horticultural, pure organics,
there's a giant industry out there that does composting all the time. I
mean, did you ever buy a mushroom in a supermarket? It's grown in
a cave in Pennsylvania on compost made from horse manure. I
mean, these people are the top experts in the world on composting.
It's true. I've been there, but it's a specialized niche.
Okay. Here are the totals that we came --
CHAIRMAN CARTER: So much for mushrooms; right?
MR. SCHWARZ: Here's the totals that we came out with.
MR. KRASOWSKI: Excuse me. One more point. This
gentleman keeps saying that No. 6 was given to him by Zero Waste.
That is not true. I expect you to clarify that every time you mention
that, and I -- because I --
CHAIRMAN CARTER: You've going to have the opportunity -
MR. KRASOWSKI: I don't want him misrepresenting what we
proposed. So this has nothing to do with No. 6.
MR. SCHWARZ: It's the best we could under -- we intended to
evaluate what he gave us. But if we misunderstood, I apologize.
CHAIRMAN CARTER: Well, we'll give him equal opportunity
to explain the process as he perceives it and have that opportunity to
explain it to the commission.
MR. SCHWARZ: Okay. Where does this come out on our
scoring? The gasification choice, to my surprise, comes out-- well,
first of all, everything comes out negative or neutral, which I think
makes sense because these are not good things. You don't want to do
this; you only have to do this. So you'd think they'd all be negative.
The gasification comes out the least bad of these choices at 0,
primarily because of the promise of very minimal environmental
impacts and low cost. So it gives you -- if it does really work, it
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gives you a facility you can control here in Collier County that's still
less expensive than landfill -- not your current landfill but a future
landfill out of county -- and doesn't have any bad environmental
impacts.
The other two alternatives that are pretty close and the same are
the two out-of-county alternatives, both at minus 1, either rail haul or
truck haul. And as you'll see later when we get to the
recommendations, I don't think there's a difference. In other words, I
think that's a bid situation. In other words, if you want to go that
way, you bid it and you see who bids low and -- and fine.
Where we come out is that's your universe of choices. And if
you as a commission wanted to say this Australian thing is pretty
risky, why do we need to bother, you will get no argument from me.
I could well understand that view, in which case your universe of
choices drops it to let's haul it away. The others are, you know,
significantly more negative on cost in some cases, on public
acceptance, or on risky, unproven technology.
COMMISSIONER MAC'KIE: And I would hope that after the
Zero Waste people make their presentation, that you could come back
and help us. I'm not going to know how to understand if they're
telling me something that you say is not going to work, etc. Based on
what I have heard, mostly from them and some on the Internet about
the Zero Waste, you know, I end with, like, a plus 2 on that one, but I
may not understand a lot of things. So I hope that you will comment
again on their -- on the No. 6 as they present it. MR. SCHWARZ: Certainly.
CHAIRMAN CARTER: I'd like to hear No. 6 from Mr.
Krasowski -- is he our speaker for that -- to come forward at this
time. If you'd explain that process, take the commission through it,
and we will have the discussion.
COMMISSIONER MAC'KIE: We're switching to the
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visualizer, Katie, if that's something you need to know.
MR. KRASOWSKI: Good afternoon, Commissioners. Nice to
see you-all again. My name is Bob Krasowski. I'm with Zero Waste
Collier County. And, when was it, last Tuesday the Zero Waste
Board of Directors had a meeting with Mr. Mudd, and he showed us
1 through 5 of these proposals, and we were critiquing them. And he
said, well, look, if you have a problem with this, then submit your
own. So we went and did that, and he wanted it by Wednesday.
So I went home, knocked it out on the computer with the help of
my daughter, who noted her participation on the bottom there, and
brought it back the next day, was talking to Commissioner Mac'Kie,
realized we left a couple of things off, went back to Mr. Mudd, and
he told me that he had-- he could make the adjustments because --
but first he'd call Malcolm Pirnie because he had sent it to Malcolm
Pirnie. I had no idea Malcolm Pirnie was getting this. This was, like,
a rough draft. So Rob French from Malcolm Pirnie called me, and
we discussed it to some degree. But nowhere does what is included
in your packet as No. 6 now represent what I've given you as our No.
6.
Okay. I started off saying I'm with Zero Waste. We have
formed an organization. I'd like to introduce you briefly to the people
-- you probably already know them, but I'd like to identify them as
Zero Waste participants. We have Nancy Gross, which is the
president. Nancy, you want to raise your hand? And then John
Mansika is our treasurer. I think you all know John. And then my
wife, Jan Krasowski, is the secretary, and I'm the executive director.
Our purpose is to involve ourselves as citizens in the process of
critiquing and identifying a solution to our solid waste problems.
Okay. Now, many of the things that Malcolm Pirnie has done
seem very interesting, and we think it would be beneficial to the
community for you to investigate even further. But some of the
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things they've done, as No. 6 scenario, are suspect to us. Like here in
their version of No. 6, they have 180 to $200 a ton, which includes
collection in the MSW -- the -- the horticultural component of the --
or organic component, food waste, in the waste stream. But if you
look down here on their thing, and there's C & D waste.
COMMISSIONER MAC'KIE:
pointing to.
MR. KRASOWSKI: Oh, okay.
COMMISSIONER MAC'KIE:
We can't see what you're
On the No. 6 --
Why don't you put it on that.
MR. KRASOWSKI: Can you see that?
COMMISSIONER MAC'KIE: Uh-huh.
MR. KRASOWSKI: Okay. So organic food waste is identified
on their sheet as 180 to $200 a ton. On ours it has a 30 to $40 a ton
identification, and that was what CCI --
COMMISSIONER HENN1NG: Bob, what's the cost of dirty
MRF going to be?
MR. KRASOWSKI: Let me get to that, okay, because I --
CHAIRMAN CARTER: Let him --
MR. KRASOWSKI: One step at a time. The point being that
we took the information that CCI had provided in their presentation.
So they're including collection. Here they include the collection cost
in identifying the cost of the -- of the compost material. But down
here where C & D waste is -- is identified as 20 to $35 a ton -- that's
the tipping fee for C & D waste -- there is no inclusion of the
collection cost. So this is -- you know, I mean, they're just going
after what they don't like and -- well, who knows what they're doing?
Okay. But it's not scientific. It's -- it's not a -- an appropriate way to
give a balanced view of each of the options.
But in our-- in our scenario, which is lacking in their scenario,
is up front we have waste reduction programs here which feed into
the commercial and curbside collection and then into the C & D
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waste. Now, that's an important part of the whole listed program,
where you go out and you talk to companies and you identify which
other places have done very successfully, which in your budget, I
understand, you have somebody slotted to perform that task for us.
Okay. And then as you move through the white boxes -- the
white boxes, those are collection categories and techniques -- you go
over into the lighter gray which are processes. Then you come over
here where you see on this chart the darkest areas are the ones where
you actually achieve a complete reclamation of those materials that
are going through the process. Now, in this chart the organic waste
processes, which we identify as CCI, is optional. I mean, you could
put different things in there, or you could bypass it altogether and
send the horticultural, the organic matter from your collection, the
restaurants, the homes and stuff, straight to -- to a composting
thing. But this, the CCI, as I understood it, was an in-vessel-
contained composting process.
And then also we have down here our recycle markets. And
you'll see here that at the landfill -- which Commissioner Mac'Kie
noticed -- at the landfill, the organic-free landfill and the C & D
landfill, that the arrow goes back to the waste reduction programs,
which after we identify what we can't handle any other way, moves
back to waste reduction. And we identify what it is, and we work on
reducing that as a -- a material that winds up in the landfill.
COMMISSIONER MAC'KIE: Bob, can I ask you just some
common sense --
MR. KRASOWSKI: Sure.
COMMISSIONER MAC'KIE: -- basic questions that don't have
to do with arrows and triangles and rectangles? MR. KRASOWSKI: Yeah. Okay.
COMMISSIONER MAC'KIE: Help me understand what the
proposal is. I understand that it starts with waste reduction. So
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setting that aside for a second, at the top, the cooking oil and grease
waste, this is the City of Naples program, the biodiesel.
MR. KRASOWSKI: That's optional. And it-- it-- I guess --
yes, that's what it is. What -- what I am asking today, and maybe I
can kind of abbreviate this whole thing and not get too complicated,
is that when you decide what you'll continue to investigate, we would
like all of the components in this No. 6 to be included so that we,
along with your Malcolm Pimie or whoever your consultant is when
you're moving forward, can evaluate these things. I --
COMMISSIONER MAC'KIE: I like that better than me trying
to figure out -- because I was having trouble trying to figure where
each kind of garbage goes where. But I absolutely don't want to
eliminate any of these from our discussion, so that is easy.
MR. KRASOWSKI: How about eliminating waste to energy?
COMMISSIONER MAC'KIE: I'm -- that's so marked off my
list.
MR. KRASOWSKI: Okay. Now, the composting -- now, I'm
not in favor of the municipal solid waste composting primarily
because I believe -- I don't want to put any thoughts in his head -- but
I think I agree with Commissioner Henning as far as the odor
problem, how it relates to wherever we put it and particularly what's
been suffered through in his community -- our community, but that
element of our community. But I have heard certain comments
regarding the odor and how it doesn't exist. But if you want to pursue
that and look into it further, I wouldn't object to it.
I have no objections to -- well, I have some objections, but if
you include these processes and allow us to work with you to move
forward as Zero Waste Collier to evaluate these things, get our own
numbers in regards to what is represented and the cost of composting
or doing other things, then we'd be pretty happy, and we would come
back to you in the future having more information and data.
Page 15 5
June 26, 2001
Commissioner Henning asked about the dirty MRF. If you
remember when Dr. Connett was here, he mentioned Nova Scotia,
which turned into a controversy, which I'll address maybe at some
other time. I don't want to get too -- spread too thin here. But the --
what is the other material that comes out of the waste collection
stream, on your chart here on No. 6, would go to a dirty MRF, and
any organics in that part of it would be separated there and go up to
the composting stream. And then that way you remove the organics,
and you remove the smell. So this is going along the lines of what he
was saying.
There are other speakers that are going to touch on other things
that were said. I think the pyrolysis, if we're -- if we want to consider
that, I don't see why we'd have to bring them here to have them test
their facility. They have one in Australia. We could maybe do a
television conference with the people over there. It would be a lot
cheaper, a lot less wasteful in time and air fuel to go over there, a
preliminary study. But we could, maybe, on the basis of that, decide
if somebody should go there, and let them run the thing over there for
three years. And then we can -- you know, we can learn about what -
- their success and what their actual activity is.
COMMISSIONER HENNING: Are you recommending that we
ship our waste over to Australia for three years?
MR. KRASOWSKI: Given the transportation cost -- well, no,
I'm not. But what I'm saying is let them -- let them do what they're
doing over there, and after a two- or three-year period, whatever
number you guys come up with, go ahead and -- and study the
results. I'm sure they're going to document everything they do. And,
you know, if they're successful, fine.
I have other -- other issues with that, but I won't bring them up
now unless you -- at some date you decide to bring one over here, as
far as what they do to recyclable material and the whole theory or the
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June 26, 2001
whole philosophy of trying to capture every bit of-- of material so
we can put it back into the manufacturing stream so we don't have to
deplete global resources, which we're doing right now, forests and all
these things. You know, we should be more efficient, just overall
more efficient.
And that leads me to one other point I want to make, and that is
many people, more than I had thought before, are very suspicious of
globally orientated environmentalists. They think that people in the
environmental movement who are interested in things outside of the
country are part of this one-world government effort to grab land in
the United States and turn the world into one standard global -- you
know, I'm not about that. Okay. We're not about that. We've talked
about it. We're about efficiency.
COMMISSIONER HENNING: Well, I won't spread that rumor
anymore.
MR. KRASOWSKI: Thank you. Anymore, yeah. Most of it
comes from out in the estates. That's your-- he laughs. You know
what I'm talking about.
COMMISSIONER COLETTA: You're on a roll, kid.
MR. KRASOWSKI: Well, you know, that's -- that's an
important thing, you know. We're -- we're interested in efficiency,
environment, and economics. And so, too, are you. So at some point
in time, I hope our -- the target we're shooting at from different
positions, the arrow winds up hitting the -- you know, the point in the
middle. Maybe even we'll -- we'll agree with Malcolm Pirnie
someday, and they'll be up here presenting, and we'll be cheering
them on.
COMMISSIONER COLETTA: Bob, question on that, now that
we're at a good point. Do you feel like you've been part of this
process and it's been meaningful, what you've been doing for it, or do
you feel kind of flustered?
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June 26, 2001
MR. KRASOWSKI: Well, it's frustrating. It's stressful. It's
anxious. I'm sure you experience the same things as we debate and
try to make points and don't -- you know, don't agree. But, you
know, I've told you before, I feel entitled as a citizen to know all of
this stuff, to be shown all of the material right away. But I
appreciate, in reality, how people get guarded or, you know -- and I
know you negotiate certain deals in privacy until they're done and
stuff like that. I understand that. So I do feel I've been a part. Well,
you know, the law says you're allowed to negotiate with a company
without every public -- every citizen sitting there watching you.
COMMISSIONER COLETTA: What I'm getting to, Bob, I
think you've been very instrumental in the direction we're going, and
I don't know if you realize it or not.
MR. KRASOWSKI: Well, I --
COMMISSIONER COLETTA: I can see a lot of you written
through this whole darn thing from beginning to end.
MR. KRASOWSKI: Well, good. Good. Well, I have support
of other people and in the community. I stand up here alone a lot, but
they're contributing. And you, as well, in the beginning invited me,
so you could, you know -- to the degree I'm successful --
COMMISSIONER COLETTA: -- either, did I?
MR. KRASOWSKI: What's that?
COMMISSIONER COLETTA: I didn't uninvite you at any
time.
MR. KRASOWSKI: No, you did not. So that's cool, you know.
CHAIRMAN CARTER: Anyone have any other questions for
Bob? I appreciate your time. I think you've got a lot of great ideas
here. I don't think we're so far off the same page.
COMMISSIONER MAC'KIE: I have one question.
CHAIRMAN CARTER: All right. I'm just going to say
efficiency, environment, economics, economic analysis by outside,
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unbiased -- I don't care who they are, you can't have somebody that's
got a vested interest give me an economic analysis and say mine
works.
MR. KRASOWSKI: Yeah. We've got a great productivity
committee. I've sat in on a couple of their meetings, and I'm really
impressed with them. So that could be one leg on a three-legged
stool.
CHAIRMAN CARTER: That may be, but it may be others who
-- who can bring in other depths and breadths to it. But I don't know,
but I -- those are the kind of answers that have to be laid down
through this whole process and --
MR. KRASOWSKI: And we'd like to keep working with you if
you'll --
CHAIRMAN CARTER: Absolutely. Because there are
entrepreneurial things here. If Detroit Edison wants to get involved,
we'll give them a piece of dirt out there. If you want to build a
biodiesel production plant, show us the numbers.
MR. KRASOWSKI: Let's check it out.
CHAIRMAN CARTER: Right. Thank you.
COMMISSIONER MAC'KIE: I just wanted to -- I thought that
I had the opportunity to get you on the record as agreeing with
Malcolm Pirnie on a point.
MR. KRASOWSKI: What was that?
COMMISSIONER MAC'KIE: They ranked the waste to energy
MR. KRASOWSKI: And Rob French is a nice guy?
COMMISSIONER MAC'KIE: They ranked waste to energy as
the poorest alternative.
MR. KRASOWSKI: Interesting.
COMMISSIONER MAC'KIE: Do you agree with that?
MR. KRASOWSKI: Yes. Maybe for different reasons, though,
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you know. But, you know, we've come a long way. There's so much
to know about. There's so much to process, and you guys have ten
other things on your plate. You know, you've got the budget. You've
got -- you know, and Mr. Mudd has done a fine job moving along on
the issue, you know. I think at first he thought he knew everything
there was to know about it.
CHAIRMAN CARTER: I doubt that.
MR. KRASOWSKI: But after -- I'm just teasing him, you
know. But I think, you know, as time moves on, he processes this
information, and we get a better and better result. So, you know, I'm
hopeful.
CHAIRMAN CARTER: Thank you, sir.
MR. KRASOWSKI: Thank you.
MR. McNEES: Mr. Chairman, at the risk of moving us forward,
we do have some more registered speakers, if you're ready for that.
CHAIRMAN CARTER: Let's take all the registered speakers.
Then we'll come back to Mr. Mudd. And any comments by Malcolm
Pirnie, we can also factor that in, but let's take the other speakers.
MR. McNEES: Your next speaker would be Mark Olson, who
will be followed by Jan Krasowski.
COMMISSIONER MAC'KIE: And if I could just say, based on
the presentation that Mr. Krasowski made, I withdraw my request
that you reanalyze No. 6. It's not necessary at this point. Didn't want
you to be over there doing math.
MR. OLSON: Mr. Chairman, Commissioners, my name is
Mark Olson for the record. Just a point of clarification as to what I'm
doing here. First of all, I'm not a salesman nor am I an advocate. I'm
an independent environmental solid waste consultant who lives in the
City of Naples. And I, after some research, have brought to the
attention of at least one commissioner and Mr. Mudd that there is a
company that can handle the core technology issue relative to your
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June 26, 2001
largest component within the waste stream, and that's the mixed
municipal solid waste. This particular company I've done some
research on has existing a plant in Georgia which was permitted for
1700 tons a day of mixed municipal solid waste, and they're running
roughly around 1200 to 1500 tons currently.
There were a few statements made that I agree with pursuant to
the Malcolm Pirnie staff, and there, of course, are a couple that I
disagree with, uppermost the odor issue relative to municipal solid
waste composting. Yes, the consultant from Malcolm Pirnie is
correct. There have been numerous failures in that industry pursuant
to that component. Generally these are all associated with dirty
MRFs. I think someone explained what a dirty MRF was earlier.
And, again, the consultant is correct, that the failures are
generally attributed to bad management insofar as the main purpose
of composting in dirty MRFs, at least up until recently, has been
reduction of that organic fraction. As you compost, you lose volume.
It's a simple fact. The less you have to put in a landfill as your
residual from that process, the better off you are. So it has
customarily been treated as a reduction method just to reduce
volume. You'd lose significant CO2, water, and organic composition
when you do compost, regardless of what you get as an end result.
Unfortunately, that has been the approach pursuant to commercial
operations.
However, there have been other operations, which were not
articulated by the Malcolm Pirnie consultant, whereby this process
has been successful, again, to reiterate what the gentleman said,
because the people in the management involved with the operation
cared about their end product. They treated it as a revenue source,
which if you look into the dynamics, the revenue dynamics, of a dirty
MRF, all components are critical, which means all of your
recyclables that you pull, there's value to that. That's a revenue
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June 26, 2001
source.
Whatever products, postconsumer products, you sell -
particularly the organic fraction, which is your compost -- the better it
is, the better it's accepted within the marketplace. You have to listen
to your customers there, as you do -- whether you're recycling
aluminum or resins, every company that uses those postconsumer
products has a specification you must meet for contaminants and
cleanliness and so on and so forth. This all comes under a properly
managed material recovery facility.
There was also something mentioned about some awful fungus
that comes from composting solid waste. And, again, I'm talking
about aerobic composting, which is a wind row method. Often it's
aerated. Often it's static pile, depending on how the system is set up.
It's called Aspergillus fumigatus. I know that's a very long word.
There's one -- one researcher or doctor who's been running around the
country telling everybody how bad this is, but he has not been very
well substantiated empirically or scientifically as far as -- so, you
know, you can find an expert to say just about anything. Typically it
hasn't been a major issue. Mostly people use that as an excuse to
close down compost sites because they're probably improperly
managed, and you have an odor issue.
Now, this isn't confined specifically to an aerobic system. In
fact, if an aerobic system fails, that's when you get the odor because it
turns anaerobic, too much moisture in the piles, high pH, and so
forth, and then you get the odor issue. That comes from anaerobic
bacteria, which means they don't need oxygen. They work in -- a
good example is how sewage, activated sludge, and so forth is done.
It's all done by bacteria. It's all anaerobic, no air. I'm talking about
-- and this particular company I brought to the attention of the
commission uses an aerobic system.
I think very much that, in my research, this is a very viable
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alternative to what was been discussed, and I would very much like
an opportunity to have this company, as well as any others offering
this type of technology, come and make a full presentation to the
board, at which time or subsequent time, come and visit this very
large facility in Georgia to touch and feel and see what it's all about.
COMMISSIONER HENNING:
Georgia?
MR. OLSON: Yes, it is.
COMMISSIONER HENNING:
down?
MR. OLSON:
political upheavals.
Is this in Crisp County,
Is that the one that closed
Yeah. That one closed down because of some
It's currently being purchased and will reopen
shortly. They're in the middle of financing the project. That's Crisp
County, Georgia.
CHAIRMAN CARTER: I understand the county, but give me a
city or landmark.
MR. OLSON: Cordele.
CHAIRMAN CARTER: Okay. Thank you.
MR. OLSON: Any other questions?
COMMISSIONER HENNING: Thanks.
CHAIRMAN CARTER: Thank you.
MR. McNEES: Your next speaker--
CHAIRMAN CARTER: Next speaker, please.
MR. McNEES: -- is Jan Krasowski followed by Gary Burris.
MS. KRASOWSKI: Hello. Jan Krasowski for the record. As
Dr. Carter suggested, I would suggest that maybe we hire another
waste consultant to take a fresh look at this whole thing. I think the
county could benefit from that because when you have things that go
on like this (indicating), where we submit one thing and then they
change it into something else, people don't trust them. Sorry, guys. I
really think that that would be a good thing to do, is to get another
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June 26, 2001
consultant in here to look at some of your final options.
And I really appreciate the inclusion that you've given to the
public on this. And a question that I have today is, like, why are the
schematics that were shown by Malcolm Pirnie different from the
ones that were in the executive summary? I mean, all of them. I
think maybe there was one that was the same. All the rest were
different. And then when I went and tried to get their rating system,
that wasn't even in the executive summary. So how can people
possibly understand what they're doing when it's not -- when it's not
given to us?
COMMISSIONER MAC'KIE: Why was this produced
separately and at a different time?
CHAIRMAN CARTER: And while that's being clarified, for
the record, I did not recommend getting another consultant. I was
talking about economic analysis.
MS. KRASOWSKI: I just said as -- as you suggested. Well,
that's for the economics? That's -- I agree with that.
CHAIRMAN CARTER: An economist who has --
MS. KRASOWSKI: All right.
CHAIRMAN CARTER: -- a nonbiased interest in anything
may be utilized in evaluating certain of these processes.
MR. MUDD: Commissioners, we were trying to make the 26
June deadline. In the process we did the executive summary because
you got to be out two weeks ahead of time. We didn't get the final
draft until Friday. As things changed I tried to provide you the
information as fast as I was getting it.
COMMISSIONER MAC'KIE: And just -- my -- I will make it
my business that when I get this, it's automatically copied and sent to
you guys.
MS. KRASOWSKI: Thank you.
COMMISSIONER MAC'KIE: Whatever I get on this topic will
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June 26, 2001
be automatically sent. Or you could save me the trouble and do it
yourself.
CHAIRMAN CARTER: Well, that is public record. Any time
we receive anything, everybody has --
COMMISSIONER MAC'KIE: But, see, people don't know.
People don't know we got something new, and so we have to be
aggressive in our attempts to communicate.
MS. KRASOWSKI: Like, is this put on the -- is all this put on
the Internet for us to access or -- no? Okay. Just looking at my notes
here to see if there's anything else I should-- would like to say. I
don't think so. Thank you.
CHAIRMAN CARTER: Thank you. I appreciate all your work
on this -- on this project.
MR. McNEES: Mr. Burris is followed by Nancy Gross.
MR. BURRIS: Hi. I'm Gary Burris with the Green Model
Project. I was a little surprised when I got the first scenarios and saw
that all of the companies that we had brought together were pretty
much left out. Then I'm informed that a pilot project for biodiesel is
being proposed, where you just use it for a couple of years. For me,
that's not very acceptable because we know it works. We know the
grease is there. We've done years of studies, have been to hundreds
of restaurants.
Just with the one organization that was here at our meeting --
your meeting, the workshop, we can get 350,000 gallons already
committed to the project, and they're adding ten accounts per week.
We have almost 200 accounts, restaurants, signed up in our
cooperative already, well over a million gallons. So there's no need
to do any other study. What we'd like to do is start cleaning up the
environment, get this grease out of the system and turn it into fuel.
There's some confusion about grease trap waste. Grease trap waste is
very expensive to turn into biodiesel. But if you clean it up, a very
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inexpensive process with heat, it can become the boiler fuel that can
produce more energy, more heat, and more kilowatts of electricity.
So those are part of what the biodiesel project with Detroit Edison is
about.
We received an invitation to bring all the companies before
Malcolm Pirnie last week, a week ago Monday, for an interview.
And the companies that I'm working with here as an activist have
declined that interview. What we're going to do is to make a full
proposal to the nickel to let you know exactly what we're going to do.
We do invite you to come to the facilities in Canada and the one in
Vermont. The Vermont facility is a wood waste facility, but it is also
a total municipal waste gasification facility. It can take plastics. It
can take a full municipal waste stream, so it's not just a wood waste.
What we have done is try to combine these technologies that
did, in fact, overlap. But what the Canadian system can't do, the
FERCO system can take. In the same building, under the same roof,
using the same energy generated, we can, just with these systems
alone, create enough energy for about 40,000 homes in your
community. And that's pretty much permanent. As long as there's
waste, there's food, there's material, there's trees growing, you have
an option, long term, for energy.
With the biodiesel part of what we're trying to do, that's more
than enough biodiesel to fuel all your vehicles, all your generators,
city and county. That's bringing you into compliance with a whole
array of environmental EPAC regulations, helps clean up the air,
number one, is the main reason that I'm here, that we're trying to
develop a program, a cooperative of as many companies as I could
find whose technologies will ultimately solve a county or a city's
problem with waste management, with fuel, with alternative
legislation, with basically obeying the law and doing what has to be
done to clean up the environment.
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And I don't know who said it a long time ago, but true change
takes place at the municipal level. It's your job to make the changes
that really change the country that will change the world. It's not
going to happen the other way when you get a new administration in
who all of a sudden throws out agreements on global warming, on
methane reduction because of politics involved.
But you guys know what's happening out here. You're -- you're
learning an awful lot about methane and global melt -- meltdown and
polar problems, just as sort of a sideline in us making our repeated
presentations, that this is a much bigger issue. But the energy
security side of what we're offering -- and, again, that is at no cost to
the county. I keep hearing millions of dollars in investment for
projects. I think that the same offer that you're asking the company
in -- in Australia to do, to build it and prove it, well, our people are
ready to build it with proven technology. All you have to do is say
here's the waste; here's the contract.
Just with the FERCO process for less than $10 a ton, they'll take
125,000 tons of your organic waste, your trees, your-- all of the --
that type of biomass at $10 a ton, $9 a ton. Heck, if the energy rates
go up, nothing per ton, without any cost to you whatsoever. The
Canadian system at 35 a ton, that's not factoring in the energy that
they'll share back some profit to the county, with the county officials,
with the citizens, for using that process.
And I'm getting misinformation that they can't deal with
municipal waste stream. That's incorrect from everything I've seen.
The -- the man that -- Mr. Fowler who came and made the
presentation two or three weeks ago, I think he showed you pictures
and evidence. The same -- and the reason the system works with
municipal waste is the same waste stream that's all over the United
States, the same companies, the same packages. Same thing in
Canada, here, California, there's no difference.
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That waste stream can be dealt with, the Canadian system. The
trucks come in, they come off the curb, they dump it, it's processed,
and there you are. You have a clean system, no odor. And I have
talked to 11 of the operations in Europe and Canada, and there's now
80 being built this year alone in Japan. There will be 800 of these
CCI processes built in the next ten years because the Japanese are
pretty -- pretty savvy, found out that it was the best process out there
for dealing with waste and energy.
So what we are going to do, exclusive of an RFP, we would like to
-- in accordance to your -- COMMISSIONER HENNING: Can we
move on, Mr. Chairman?
CHAIRMAN CARTER: Yes. Sir, I'm going to say it one more
time, and I don't want anybody to be offended. But when I look at
things, I need a pro forma, and I want it reviewed by our team
internally and externally and perhaps a group like Bob Krasowski's
group, and I want that input. And anybody that's going to say -- I
don't care where they built them -- we're not going to respond to an
RFP, we're not going to do this, you diminish your opportunity in
front of this commissioner. Please follow the system. MR. BURRIS: May I--
CHAIRMAN CARTER: You will not be eliminated, sir, but
you can put yourself in jeopardy if you don't go through the system.
MR. BURRIS: Can I quote this right here? It says the county
has the right to negotiate with respondents, including those not
responding to the RE-- FEI.
CHAIRMAN CARTER: Well, that still says you need to take it
to staff, sir, so I would appreciate it if you would do that and work
with them and the groups. And that's my opinion as one
commissioner, sir, but I do have to move on. I thank you for your
time.
COMMISSIONER MAC'KIE: Can I ask a question?
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CHAIRMAN CARTER: Yes.
COMMISSIONER MAC'KIE: Have you met with Mr. Mudd
about the proposal that you put together?
MR. BURRIS: Several times. And we intend to make this
proposal and give it to Mr. Mudd. We're not just going to lay it on
your desk.
COMMISSIONER MAC'KIE: Of course.
MR. BURRIS: But we would like to clarify all these shady
areas that you can't -- no one seems to be able to get the total truth
what this system will do or that system will do.
COMMISSIONER MAC'KIE: I'd appreciate that so much
because I continue -- you know, and as simple -- as I said to Bob in
our meeting, as simple as you can make it, you know, to tell me in a
spreadsheet, this'll do that and this won't do that, that would be
helpful. But at the same time, I'm very interested in your proposal. I
wish that you would submit it to Mr. Mudd in a format -- you know, I
appreciated Bob getting his daughter involved with the computer so
that they could make all the little triangles and shapes. You know,
you got to make it fit in the program.
And if you could do something similar to that so that we could get
your proposal analyzed and put on the scale of plus 2, minus 2, it
would be very helpful because you -- you're telling us things that are
very important and useful because, like you said, as opposed to the
pellets -- you know, whatever that system is, Brightstar, these are
things that there's more than one and it's been up more than four
months. And I'm very interested in those if I'm going to do
something creative. So I hope that you will, you know, get with Bob,
get his daughter to help you on the computer, to put together the
diamonds and shapes to make it into something that --
MR. BURRIS: I've put together a number of flowcharts in the
last three years with the county and city. And I'm very glad that Bob
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did this because we spoke about it when he was plugging all these
elements in this.
COMMISSIONER MAC'KIE: You've been here, done that.
You know how to get in this system and do it, so do it because we
need you in the system.
MR. BURRIS: Well, that's what we're going to do. We would
like to submit a full proposal down to the nickel, flowcharts,
everything, here's what we'd like to do.
COMMISSIONER MAC'KIE: Sooner better than later.
CHAIRMAN CARTER: That's what I'm asking for, sir. Thank
you very much. Do we have any other speakers, Mr. --
MR. McNEES: Two more speakers. Nancy Gross, and your
last speaker will be John Mansika.
MS. GROSS: Hi. I'm Nancy Gross. I live in Naples, and it's
the first time I've been before this commission.
COMMISSIONER MAC'KIE: Welcome.
MS. GROSS: Thank you. Many of my comments have been
answered, but maybe I should reiterate some of them. The Brightstar
I don't feel is a core technology. I don't know why we would even
spend any time or money. Four months in operation? That's -- that's
not -- I -- I have to criticize Malcolm Pirnie for that. They shouldn't
have been in there.
As far as an incinerator, we all know the cost on an incinerator.
And if you'd ever consider something like that, it should go on the
referendum in the fall so the people have a right to vote on spending
200 million, in 20 years, 400 million. We have a right to vote on
something like that.
The hauling, the trucking, as -- as a backup may be a viable -- I
think Collier County should take care of their own trash and manage
it however we can in the best way.
And there's been a lot of talk about compost and the smell and the
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odor. I don't know whether you've ever smelled potting soil or
cypress mulch. It has kind of an earthy odor, smell. Well, a good
green compost is the same way, and that's what we're talking about
here. We're not talking about a smelly, stinky MSW compost. You
don't want that. There's no market for it. So you want a good green
compost so these farmers will take it. I mean, you won't be able to
make enough because they love it. They love it. We have farmers
out here galore, and it would be one of the most best marketing
products.
I think the big difference here in this Malcolm Pirnie thing is they
forgot completely the waste reduction program. And, yes, this is
complicated and will take a lot of effort on your part and the public
and the industry. But, boy, this is one of the biggest things in -- in
Zero Waste.
And let me see what else I need to cross off here. I do agree with
Mr. Mudd. When we talked with him, he had stated to you at the
beginning that we're doing everything backwards here as far as
picking up trash. We need to pick up recyclables twice a week,
garbage once a week, horticulture once a week. That's the wave of
the future. And let us in Collier County be in the 21 st century and get
on board here. I would just love to see us really shine in this solid
waste issue. I think we can do it.
Zero Waste in Collier County is here for the long run. We're
going to be right here no matter what you choose. And I'm hoping
that you'll choose a combination of our suggestions and Mr. Burris's.
Thank you.
CHAIRMAN CARTER: Thank you. Next speaker, please.
MR. McNEES: Mr. Mansika is your final speaker.
MR. MANSIKA: Good afternoon. My name is John Mansika.
I'm new to this commission, but I'm not new to this room. In 1985 I
stood here when the announcement was made that the incinerator was
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not going to fly, standing room only, two television crews, reporters
running out to the phones. Cell phones weren't around at that point.
And it was a big deal. And all the promises to implement recycling
and get serious seem to have disappeared. In fact, your predecessors
-- I won't embarrass her, but one commissioner sat there and said
recycling was a waste of time. It isn't a waste of time. We've come
to know that, and it's becoming state of the art all over the country.
What she just said about the movement to -- to be serious about
reducing the waste stream, it's upon us. It's upon you. You're the
government. You're the guys that set the stage for it. The recycling
program is in your hands. It's up to the government to do something.
Australia's been mentioned. You know, Coca-Cola produces 20
million bottles a day but recycles 2.5 percent. But in Australia
they've been mandated by law to recycle 25 percent. That's the
government stepping in and taking action. That's the kind of action
we need to do in this community, is get the recycling program to be
serious.
And I applaud what you've done so far. I -- I hope you continue to
use the resources available to you from us. For example,
Mr. Krasowski has cost you nothing. I think consultants have cost us
nearly 400,000. I think we should take the free advice and run with
it. And I hope you continue to do so. Thanks.
CHAIRMAN CARTER: Thank you, sir.
COMMISSIONER MAC'KIE: Who was -- that was our last
speaker?
CHAIRMAN CARTER: Yes.
CHAIRMAN CARTER: Any comments, sir?
MR. SCHWARZ: Couple of quick comments.
COMMISSIONER MAC'KIE: What you're looking from -- for
from us today, Mr. Mudd, is some direction, if there are any items we
might want to eliminate or --
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MR. MUDD: Yes, sir-- yes, ma'am.
COMMISSIONER COLETTA: I need page 2, Pam.
COMMISSIONER MAC'KIE: Pardon me?
COMMISSIONER COLETTA: I need page 2.
MR. SCHWARZ: Just a couple of comments. We may
disagree less than people think. We didn't -- we couldn't agree more
about waste reduction. It just isn't part of our scope, but it's a great
idea, and you should do it.
COMMISSIONER MAC'KIE: Wait, wait, wait. Say that again.
MR. SCHWARZ: Well, a couple of speakers mentioned that we
left out waste reduction as kind of a predicate for anything else, and I
agree it's a great idea. And-- and I understand the county has
programs in that area, and we're not involved, but -- but we endorse
it. It just wasn't part of our scope in this analysis, so we didn't
mention it.
COMMISSIONER MAC'KIE: I would hope that that would
always be a part of the scope when we're looking at what are the
solutions to our garbage problems.
CHAIRMAN CARTER: We're heading that direction.
COMMISSIONER COLETTA: That should be the first of the
whole scenario. It's already taking place, but we have to capitalize on
that even more in the future.
MR. SCHWARZ: Also, I want to make sure something is clear.
One speaker today and a number of speakers at the workshop two
weeks ago said something like, you know, you the county are
considering alternatives that might cost a hundred million, two
hundred million dollars, and we're not asking you to spend anything.
All we want you to do is commit the waste, but you understand that
that's exactly the same thing. Once you commit your waste, you're
paying a debt service through the tip fee.
When I talked about -- and that's -- then that becomes a financing
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question. How -- would you like to buy the facility and pay a lower
interest rate? Because your interest rate will be much lower than any
of these proposals. But then you own it and take the risks associated
with ownership. Or would you like to finance it through the tip fee
and avoid the ownership risk but, in fact, pay a higher financing cost?
When I talked about the Brightstar thing -- and that -- I think that
approach is not only for Brightstar, but for any of these relatively
unproven technologies that you might want to try -- I was really
talking about something different. I was really saying that you would
not commit 20 years of waste, because once you've done that, you've
bought it. You would only say if and when you're ready to pass an
acceptance test, then we'll make a commitment. In the interim you
have nothing more than 20 acres, and we'll send you waste when you
ask for it just for testing purposes, but no commitment to use it. So
that's a -- that's a position that puts the county at significantly less risk
with some of these admittedly unproven technologies.
Okay. Just to wrap up then, based on our analysis, where do we
stand on recommendations? Well, again, recycling is the core. As
we mentioned, the system -- the programs you have in place plus
some additional programs will get you over 50 percent, I'm very sure.
So, again, we don't disagree with anybody about that. The ongoing
horticultural composting program is really starting to bear fruit, if I
may say so. And, you know, that should-- that should go ahead and
could be improved, as Mr. Mudd said.
On biodiesel -- on biodiesel you understand that there is an
existing commercial private sector infrastructure that already collects
biodiesel and deals with it and, as far as I know, deals with it
satisfactorily. As far as I know, the restaurants and so on in Collier
County are not coming forward and saying we have a big problem;
you need to do something for us. So we don't see why the county
would want to get into a business and displace an existing private
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sector infrastructure that's working.
Biodiesel is a nice idea, and I think you can encourage it if you
want to. And the way to encourage it is on the market side. If you
get a pilot program and if your fleet people satisfied themselves that
the buses and minivans and so on that -- and that you run could
satisfactorily be modified to use this fuel, then you could ultimately
change your specs, change your specifications, when you (sic) bid on
contracts that supply you with fuel to make this an acceptable
alternative or even to favor it. You could give it a 5-cent-a-gallon
premium to encourage it. By encouraging this you'd be encouraging
this to happen in the private sector, and it's a good idea and sound
economically, and you don't need to get into the business of actually
building a facility yourself. So we don't see the need to build that
facility.
Landfill gas utilization is another good idea that we should move
ahead with -- utilization for power I mean, but we need to move
cautiously. There is the -- when you optimize for odor control, it's
not the same as optimizing for energy production. In the case of odor
control, basically we want to pull a vacuum -- we want to pull the
negative pressure everywhere on that landfill so that every leak is
leaking in, but that way we're going to get air coming in. Well, that's
okay. We don't mind that because we're interested in odor control.
If we're interested in optimizing energy production, then air
coming in is a problem because it dilutes the air, it dilutes the gas,
and leads to a lower BTU content. So an operator who is making his
money off energy might say let's crank this blower down. We'll
spend less money on power. We'll make more kilowatts, but now we
have an odor problem.
So -- and there's another -- there's another issue, too, related to that
which is a legal liability issue. Right now we have a pretty clear
liability; right? I mean, it's Waste Management's problem. And
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we've got a new contract with -- with hammers in it, and if it's not
working, we can default them and ultimately fire them. It's pretty
clear. They've got nobody else to blame. If we bring another
operator in at this time and they take over the gas system, now we're
going to have finger pointing. We're going to have one operator
saying it was broke when I got it and the other guy saying, hey, you
hired him. It's not my fault anymore.
So, again, I think we can do this, and we can get to it. I just
wouldn't do it right now. I'd make sure that the odor thing is
completely solved and that we're completely satisfied with that part
of it. And I would move cautiously on this to not upset that apple
cart once -- once we get it working right.
On a clean MRF, a clean materials recycling facility, I think we
should give serious thought to that but, again, not right now, because
you've just extended Waste Management's contract. They're handling
that right now. The way they do that is curbside sort by hand.
COMMISSIONER MAC'KIE: But everything we're talking
about is long term. We've already done our short and midterm
solutions. Now we're talking about our long-term solutions. MR. SCHWARZ: Correct.
COMMISSIONER MAC'KIE: So nothing's right now.
MR. SCHWARZ: Well, some things are. I would say -- on C &
COMMISSIONER MAC'KIE: Oh, sure.
MR. SCHWARZ: -- I would say why not go ahead. We could
do that right now, and that could be 20, 25 percent of the waste
stream, knock it off, save a lot of money, landfill lasts longer.
COMMISSIONER MAC'KIE: You're right.
CHAIRMAN CARTER: Let me just talk a minute about the
clean MRF versus the dirty MRF. Can you help me with that? I
know we want to recycle at curbside, but what if we could gain more
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by picking it all up and running it through a dirty MRF, separating it
out here? What are the pros and cons to that approach where then I
know we capture a higher degree of recyclables?
MR. SCHWARZ: Actually, the facility that we designed that
we think is most successful -- and if you're interested and you might
want to visit it -- is Tompkins County, New York, Cornell, and that's
a combined clean-dirty MRF. Our belief is that on the dirty MRF
side where you're sorting, you really need to keep it simple, you
know the old engineering acronym KISS. To try to sort household
waste which is badly mixed is really very difficult and not rewarding.
But to try to sort commercial waste which -- I mean, you may get a
load in and just look at it and say, oh, this is 25 percent cardboard.
And cardboard is very saleable, and you can just pick it out. You can
take it off with a-- with a Bobcat.
So what we do -- what we would suggest you look at is a facility
with a number of doors, and different things go in different doors.
And one thing that goes in is regular old, you know, blue box
household recyclables. It's all recyclables now, newsprint, cans,
bottles, plastic. And that gets sorted and shipped off site.
What goes in through another door might be waste that you have
no hope of sorting any further. You're not interested in doing that,
and that's going to get transferred to a landfill or to something else.
And the third door is waste that we have reason to believe could
benefit from some sorting, not fancy sorting but some sorting. We
find you can get 15, 20 percent reduction without a lot of effort and a
lot of mechanization, and then the rest then goes to the landfill or
whatever the disposal point is. So I think that's a combination that
we found to be cost-effective and can, you know, get you some
significant reductions.
CHAIRMAN CARTER: Thank you.
MR. SCHWARZ: What about the scenarios we've been
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analyzing? Remember the three that we scored the best were the out-
of-county alternatives and, if you're interested in -- in a somewhat
speculative possibility with a hope of return, the Brightstar
gasification system. But one element here, I note that your staff and
others have been meeting with Glades County, and there's some
interest in a joint project. You know, my suggestion is that needs to
move forward, firm up the commitments, firm up the cost.
I also suggest very strongly that, again if you're interested in the
gasification technology, we need to put together a team, staff,
consultants and I urge, again, commissioner representation. Go take
a look at it. A TV is no good. You can't smell on TV. You can't ask
residents nearby, how do you like having this here? You can't ask the
local regulatory officials, what do you think of this? You can't ask
the city that depends on it, would you do this again? Do you think
it's working? There's lots of stuff that you have to get firsthand.
We've heard some other interesting ideas too. We've heard about
Halifax. We've heard about the CCI facility in Canada. You know,
it's time and money, but if you're interested, again, rather than just
getting it secondhand, I say let's go take a look. Let's see the reality
of it. I think you may be surprised how different the reality is than
what you hear in this room.
Ultimately, and not in the very distant future, our thought was to
make all of this real and that would mean to prepare an RFP that --
and we propose an RFP that would look at haul, truck or rail -- I see
no reason not to bid those out and see which is cheaper -- and if a trip
to Australia were satisfactory and we were -- we were impressed, we
could include that. And we could easily include another alternative
like a CCI alternative, again, if we went to Canada and came back
and said, you know, that looks pretty good, let's take a chance.
Then there's a last point here I want to mention. It sounds a little
strange coming at the end. A solid waste master plan is usually the
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starting point of these efforts, not the end. But our feeling is there's
still loose ends here. I mean, if you -- if you think about all these
complicated schematics, they're still fairly conceptual.
Even if we made a decision -- for example rail haul, to take an
example -- all of these arrows need to get filled in. I mean, it's all
very well to say clean MRF, dirty MRF. Is that a hundred-ton-a-day
facility or a three-hundred-ton-a-day facility? Where are we siting it?
Who owns it? Are we -- what are we actually doing with
biodiesel? These things have to finally get written down on paper so
that there'll be a blueprint, you know, for what the county does in the
years ahead.
And one element I think is important or the importance varies, and
that's waste composition. You do not have an up-do-date waste
composition study here in the county, and depending on the
alternative you choose, that could be interesting or it could be critical.
Here's why I say that. If you just do a landfill in far away places,
then even though the state wants you to do waste composition, I'm
not sure it's critical. I mean, who cares? I mean, it has an interest in
recycling planning, but I wouldn't consider it a critical element.
But if you do something innovative like a Brightstar or a CCI,
then I think waste composition becomes very important because --
and I have been through this -- if it doesn't work, I guarantee you they
will blame your garbage. That's what everybody in this business
does when something doesn't work. They say, oh, my system is fine;
it's your garbage that's strange. You laugh, but I'll show you the
litigation.
COMMISSIONER MAC'KIE: I'm not surprised.
MR. SCHWARZ: And when you don't have any data on it and
all you have is a general feeling that, hey, my garbage is the same as
every other county, which is true more or less, you're at a
disadvantage. So we need a baseline for this if we're going to do
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something like a Brightstar, and to do that, we need a composition
study.
COMMISSIONER HENNING: Well, I would -- Mr. Chairman,
I'd like to, myself, throw out waste-to-energy incineration because of
the cost.
COMMISSIONER MAC'KIE: Me too.
COMMISSIONER HENNING: And I am very concerned about
composting because of the odor problems.
COMMISSIONER MAC'KIE: I've got a --
COMMISSIONER HENNING: I guess I'm jumping a little
built ahead because I --
CHAIRMAN CARTER: Well, I think we got to take a look
again at what do we want to put down at the bottom of the list. And
as you know, when I started this whole process, I was probably an
advocate of waste to energy, only looking for an effective, efficient
way to do this. In the process and through it, through a lot of help
from a lot of community people and experts from all walks of life, I
now have put that way down at the bottom of my list and say there's
other alternatives that I think will work better. So I am -- I am
particularly interested in this gasification process and would really
like to do a thorough analysis and really get an understanding of what
this is all about.
MR. MUDD: Let me -- Jim Mudd --
CHAIRMAN CARTER: But I'm--
MR. MUDD: -- public utilities administrator back again. I'd
like to go through those things that you can agree to, okay, and those
things that you choose to disagree, pick and choose as we go. But
we'll do this by bullet, if we could. Okay? CHAIRMAN CARTER: Okay.
MR. MUDD: The first thing that the staff recommends is we'd
like to go out for a RFP as soon as possible to get the C & D recovery
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and recycling rate up to speed.
COMMISSIONER MAC'KIE: Move approval.
COMMISSIONER HENNING: Second.
CHAIRMAN CARTER: I see no problem with that.
COMMISSIONER MAC'KIE: Should we vote on it?
CHAIRMAN CARTER: Well, I don't think we have to vote on
it. We can give him--
MR. MUDD: We can --
CHAIRMAN CARTER: We'll put them down as a list. We
agree.
MR. MUDD: So far so good. Authorize staff to initiate and
solicit a request for proposal to establish processing of electronics
processing and recycling.
COMMISSIONER MAC'KIE: Yes.
MR. MUDD: We've got the collection. I've got to find the right
place to take it to make sure that they recycle it correctly, and we've
got to think about the cost.
COMMISSIONER MAC'KIE: You got it.
CHAIRMAN CARTER: Okay. I got four nods up here.
MR. MUDD: The next thing, authorize the staff to retain
Dr. Monica Ozores-Hampton as the expert in the field of biocycle to
increase biomass recycling and compost, including yard waste and
other compatible waste, for reuse.
COMMISSIONER MAC'KIE: Yes.
COMMISSIONER COLETTA: Well, let's discuss that.
MR. MUDD: We will -- we will have to negotiate as far as a
dollar figure is concerned, but I'd like to have authority to go out
there and negotiate to see if we could put her on some kind of a
retainer.
COMMISSIONER MAC'KIE: She knows --
COMMISSIONER COLETTA: Even though we know that the
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composting is an odor problem in many areas and they shut down,
you still think you want to --
COMMISSIONER HENNING: This is yard waste.
COMMISSIONER MAC'KIE: This is yard waste.
CHAIRMAN CARTER: This is yard waste, Commissioner.
This is different --
MR. MUDD: This is the 70,000 tons that are out in Immokalee
with the sludge that she's working right now and --
CHAIRMAN CARTER: This is, as I understand it, sludge and
yard waste versus getting into the other--
MR. MUDD: Yes, sir. And in the future if we get-- if we get
groceries from Publix or whatever where they don't like the head of
lettuce or whatever and we can -- able to get that, we'd add that to
that biorecycle process, and she could make that happen out there in
the wind rows of the 141 acres.
COMMISSIONER MAC'KIE: Because what she's doing is
what they told us, and that is start with the end in mind. Begin with
what the customer wants to purchase and --
MR. MUDD: Also knows where all the markets are in Florida,
so that helps an awful lot in this particular--
COMMISSIONER MAC'KIE: I'm a yes.
CHAIRMAN CARTER: I'm a yes.
COMMISSIONER COLETTA: Yep.
COMMISSIONER HENNING: Ditto.
MR. MUDD: We're going to go out with the staff to outreach
the agricultural community with her help to assist in marketing and
technical assistance as we run through that process. Pretty much a
no-brainer, as far as the staff is concerned. We don't really need a --
COMMISSIONER MAC'KIE: Sure.
MR. MUDD: Review the long-term scenarios presented by
Malcolm Pirnie, and I put those on the next thing. Continue the
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existing mulching and composting program. COMMISSIONER MAC'KIE: Yes.
MR. MUDD: Implement a pilot-scale biodiesel program for a
portion of the county's fleet.
COMMISSIONER MAC'KIE: Yes.
MR. MUDD: What that -- and that's basically getting the
county's fleet on biodiesel. City of Naples -- and so that we develop
a market, okay, so that when we bring that facility down as a test
basis that Mr. Burris brings down or we go out and competitively bid
for RFP, then the market's established and we bring the thing on, we
can -- we can have a success instead of a facility that doesn't have a
market.
COMMISSIONER MAC'KIE: I heard that the exhaust fumes
smell like French fries.
MR. MUDD: Yes, ma'am.
COMMISSIONER COLETTA: Well, that's a plus, Pam.
COMMISSIONER HENNING: What vehicles are we talking
about?
MR. MUDD: We're talking county fleet. We'll do some test
cases with our fleet, a couple of buses, a couple of trucks and vans.
I've got to talk to our fleet folks. Just like the City of Naples used
biodiesel on their fleet and they seem to like the process, we'd like to
take a look at that process, too, in the county.
COMMISSIONER HENNING: And how would this -- would
this jeopardize the original manufacturer's warranty?
MR. MUDD: I'd have to talk to fleet management on that one.
Some they might, but there might be some vehicles that we can
retrofit that aren't under a warranty anymore.
COMMISSIONER MAC'KIE: And there's a gentleman in the
back of the room that -- not for us, but just to talk to him about it.
MR. MUDD: We'll get to that point.
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COMMISSIONER HENNING: He wants us to do all the --
MR. MUDD: So we got to check it, but I'd like to be able to do
that pilot program with biodiesel.
COMMISSIONER MAC'KIE:
COMMISSIONER HENNING:
COMMISSIONER MAC'KIE:
Is there any question about that?
That's only my concern.
You got yeses.
MR. MUDD: We'd like to prepare an RFP for landfill gas
utilization with some very strong language in there about odor
control.
COMMISSIONER MAC'KIE: I'm worried about that one.
COMMISSIONER HENNING: Me too.
MR. MUDD: But when you go out for bid, you can see what
you get. But we're going to let -- there's going to be some very
specific language in the bid in that -- in that process. And there
might be some things about, okay, come on down and show us.
COMMISSIONER HENNING: And in the meantime, if we do
get somebody on-line, if the finger pointing is starting and we go to
court, who ends up suffering is the people who have been suffering
with that for a long time. So, myself, I cannot agree with that.
COMMISSIONER MAC'KIE: I'm not too sure about that one
either because of the --
CHAIRMAN CARTER: An RFP for landfill gas utilization.
COMMISSIONER COLETTA: In other words, what we're
doing is studying what we're going to do with the gas in the future?
COMMISSIONER HENNING: At the Naples Landfill, yes.
COMMISSIONER MAC'KIE: What did you -- what would that
RFP--
COMMISSIONER COLETTA: What we have now is
inadequate. We know that.
MR. MUDD: The RFP -- the RFP would have some very strong
language in it about here's the kind of gas we have and the
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composition and the air that's in the process. Okay. And, oh, by the
way, we're not going to do anything here until -- until we've got the
odor control issue squared away, and that -- and that's exactly what
the Malcolm Pirnie, the consultant, recommended in that process. So
we're well through August and into September before we even think
about the RFP.
CHAIRMAN CARTER: Commissioner Mac'Kie.
COMMISSIONER MAC'KIE: Maybe I didn't understand what
this is. Is this, as opposed to flaring the gas, the opportunity for
selling the gas or making energy from the gas? What -- MR. MUDD: Yes, ma'am.
COMMISSIONER MAC'KIE: And-- and our consultant just
told us that that works at cross-purposes with the -- like you've gotten
us to do so well, to suck the gas down. And it seems to me that a
policy choice has to be made by the board that either we're reducing
smell, or we're trying to make money off the gas. I want to eliminate
the smell.
MR. MUDD: Unless there's an RF -- you're right. And I want
to -- smell is number one. Okay?
CHAIRMAN CARTER: Right.
MR. MUDD: Energy is number two. Okay? And so it'll never
be -- it'll never be vice versa as far as this county is concerned or the
folks that work for me. I understand that. I live in East Naples, and I
can smell the landfill when it goes --
COMMISSIONER COLETTA: Think about it, though. If it's
all of a sudden got a value, they're going to try to draw every bit of
gas out to make the money from the energy part of it.
MR. MUDD: If you make -- you make it straight up with them
when you do the bid and the proposal -- request for proposal, you
make sure that they understand the fact that, hey, it's not going to be
the sacrificial lamb that the odor issue is not placed first, that they
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can't flip that priority.
CHAIRMAN CARTER: Well, I would like to look at it and
reserve judgment.
MR. MUDD: Yes, sir. That's fine. We can come back to you
after we've done some more research in that process. We can come
back to you in the September time frame.
COMMISSIONER MAC'KIE: How about that?
MR. MUDD: At that time we could have -- we'll have -- if we
don't have a permit, we've got a closed landfill, so we're not worrying
about gas anymore anyway.
COMMISSIONER MAC'KIE: That would be good, just to get
information about whether or not the two could work together.
MR. MUDD: The clean MRF 2003, I don't think we need to
make that decision right now. It's on that sheet.
Prepare an RFP for commercial recycling of C & D waste, and
you already -- you already voted on -- not voted, but you all nodded
in the same direction on that one.
We verify Glades County commitment, develop Collier/Glades
landfill. I just received the CDM report on the short and long. They
did an estimate of the cost in that process. We -- and I have another
bullet later, that right now there's a tentative joint county --
Glades/Collier County meeting set for four o'clock in the evening in
Glades County in--
CHAIRMAN CARTER: August -- I mean, July 30th, I believe.
MR. MUDD: July 30th -- I'm sorry, sir -- in Moore Haven. Get
the towns right. And during that afternoon excursion, if it would
serve the county commissioners' purpose, we'll head out and go by
the -- the yard waste recycling out in Immokalee on our way out,
because it's right out there, so that you can get to see the test site and
the 143 acres in full bloom.
CHAIRMAN CARTER: And if a member of the press corps
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June 26, 2001
would like to join us on that trip, they would be more than welcome.
COMMISSIONER MAC'KIE: I'm sure the county attorney will
advertise it appropriately so we can all go. Put us on a bus, advertise
it, make it a big enough bus so that everybody who wants to join us
from the public can go, and we'll just go. A traveling public meeting.
MR. MUDD: The -- and if you want to think about this one,
you can, but we've got -- if we're going to think about the gasification
issue, I've got to be able to talk to the environmental groups in
Australia, or one of my representatives or county commission. What
you get fed as far as here's the vendor, here's what we do, here's
what's going on, it's a great program. And then you go there, and the
neighbors are mad because of the odor or noise. They use gas turbine
engines, so there might be a noise issue that we've got to talk about.
You've got to talk to the environmental regulatory folks in
Australia to make sure that they're within specs and they're not under
some pilot program that's exempt from regulation. Okay? You've
got to make sure you know all of those things before we invest
heavily in that process and --
CHAIRMAN CARTER: Well, I really would like you to do that
preliminary, what I would call, research analysis, begin to answer all
those questions. And everything that you've said I couldn't agree
with more, but I don't want to kick that one out yet. I really want to
take a hard look at that.
COMMISSIONER HENNING: And I concur on that one.
COMMISSIONER MAC'KIE: I concur. But speaking of things
we're not kicking out, is there another slide coming up about the Zero
Waste and the other possibilities? Because --
MR. MUDD: Sure. And we're going to talk about trail -- truck
haul, rail haul, gasification, compost. We'll send those RFPs out and
ask people to come back with their bids on what it would cost to get
serious in this process. And we really got to get that if-- right now
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June 26, 2001
we're talking about serious long-term Collier County waste stream.
It's time to go out and have those people submit a bid and-- and
make sure that--
CHAIRMAN CARTER: There are a couple of Canadian
operations, I understand, that you wanted to take a look at.
MR. MUDD: The CCI I want to take a look at because the
facility and new market is basically coming out with a dry pulp, but
they don't compost it. They send it out to scout -- Scott Fertilizer at a
separate facility so they don't have to deal with the odor issue, per se,
based on the plant. They do have a pilot plant in Toronto that's
handling about 85 tons per day of compost. We got to take a look at
that. It's a pilot plant, and we got to take a look at that process to see
if what was said to us is, indeed, correct.
The -- there's some things about -- about municipal solid waste
composting you've got to be fearful of, that Crisp County issue,
where you got to be careful about your waste stream and what's
promised. And -- and Steve -- I didn't know Steve Schwarz was
going to tell you, you've got to be careful because they're going to
blame your waste. If you read -- and Mr. Olson was good enough to
give us an executive summary of that Crisp County predicament,
okay, where it basically describes it going belly up.
But one of the things, when you talk about the reason for it going
belly up, is the garbage. Okay. Their original analysis had
commercial-- all commercial trash. And-- and the organic waste
coming to the facility, that didn't become a reality. And what it
basically did is it made the plant go defunct. They basically lost
about 70 million, and it's going to cost another 20 million to get the
plant up and operational again. And that's a composting thing in
Georgia. So you've got to be careful about how you do that.
And Bob Krasowski said something very enlightening, brilliant.
One time he says maintain your flexibility. And I got to tell you that
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June 26, 2001
that's critical, and I think a little bit of the State of Missouri in every
one of the commissioners, show me, will go a long way to make sure
that we get the right things in that process.
And then the solid waste master plan, I can't agree more with what
they basically said. We've got to tie -- we've got to tie it back
together. We've had different pieces. They need to bring it all in
together. And if there's -- if there's pieces that are dangling out there,
they need to grab it and bring it back in that --
COMMISSIONER COLETTA: I think we're going towards that
direction right now.
CHAIRMAN CARTER: Well, I -- I concur with that. I think--
Commissioner Mac'Kie, did you have something to say before we
move --
COMMISSIONER MAC'KIE: Just a question on that slide
before, if you can go back.
MR. MUDD: Yes, ma'am.
COMMISSIONER MAC'KIE: That on the RFPs -- because I
think what we're all nodding up here is giving staff direction to
prepare and evaluate an RFP for those three, yes, but also for the
other two we heard about in the room today.
MR. MUDD: Composting. The one thing that came off the net
today was waste to energy.
COMMISSIONER MAC'KIE: It's definitely out. The
composting overall was out, but we heard a Zero Waste proposal that
I want to be included in the RFP. And I am sorry. I have a mental
block on this gentleman's name in the back of the room.
MR. MUDD: Mr. Burris.
COMMISSIONER MAC'KIE:
RFP process.
MR. MUDD: Yes, ma'am.
COMMISSIONER MAC'KIE:
That his proposal also be in that
I mean, does the majority of the
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June 26, 2001
board agree with that? I want to --
CHAIRMAN CARTER: Fine.
COMMISSIONER HENNING:
COMMISSIONER COLETTA:
COMMISSIONER MAC'KIE:
COMMISSIONER COLETTA:
CHAIRMAN CARTER: We can take a look at it.
COMMISSIONER MAC'KIE: Good.
MR. MUDD: Commissioner Henning?
COMMISSIONER HENNING: Thank you.
I agree.
Can't be any harm in it.
I'm sorry.
There can't be any harm in it.
I'm not --
I don't agree on
anything that -- to do with solid waste composting. The yard waste is
fine, but I do not want us to get into a scenario where we're
jeopardized -- we're in the same situation that-- COMMISSIONER MAC'KIE: I agree.
COMMISSIONER HENNING: And part of that is composting.
COMMISSIONER MAC'KIE: I would take composting off the
list and -- I would take waste to energy and com -- I would eliminate
2 and 3 of the six proposals that we have here today and urge you to
go forward with the three that you have here with an RFP and also
the --
MR. KRASOWSKI: Commissioner, we have to make a --
excuse me. If I may, Bob Krasowski. We should make a fine
distinction between the MSW composting--
COMMISSIONER MAC'KIE: That's what I mean.
MR. KRASOWSKI: And then the Zero Waste, what we asked
to look into further, the organic food waste being blended with the --
which was up here earlier that you already approved.
COMMISSIONER MAC'KIE: And that's what Mr. Mudd said.
MR. KRASOWSKI: So we're not doing away with composting
altogether. We're just looking into certain specific types of
composting to come back in front of you for --
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June 26, 2001
COMMISSIONER HENNING: Yard waste and vegetable
waste and--
(Several speakers at once.)
MR. KRASOWSKI: I'm sorry. You know, and one other thing
if I may-- if I may, Commissioner, Mr. Mudd is -- has -- and
Malcolm Pirnie had spoken about a waste characterization study and
then a waste matter plan. And those are good concepts, but I think
we should consider how much we're going to pay for that waste
characterization study because some people ask for up to $250,000
for that. And also the waste master plan, we should maybe shop
around and see who could do it because there's a lot of options
available there, rather than just vote it in and then all of a sudden
we're spending a whole big bunch of money on getting a waste
characterization plan. Okay?
CHAIRMAN CARTER: Thank you, sir.
MR. KRASOWSKI: Thank you.
CHAIRMAN CARTER: Mr. Mudd.
MR. MUDD: We can bid out the waste characterization, and we
can bid out the master plan. That's not a problem.
CHAIRMAN CARTER: Right. I think we need to do that.
MR. MUDD: Fine. The RFPs, we've talked about it at a
previous -- I tried to bring their recommendations into the thing, and
then we need to formally continue to work with Glades County for a
potential long-term solution. Their county is short of cash and
they've got airspace; we're short of airspace and I think we have some
cash. And so I think maybe there's a way that we could help a fellow
county out, and they could help us out at the same time. Right now
tentatively their -- their board has agreed to a 30 July, 4 p.m. At their
board meeting last night at seven o'clock. And -- and I pretty much
need to get a nod from you so that I can go back and formalize that.
COMMISSIONER COLETTA: I'm for it.
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June 26, 2001
CHAIRMAN CARTER: We're all here.
COMMISSIONER HENNING: Yep.
CHAIRMAN CARTER: You got four out of five.
COMMISSIONER HENNING: You're talking about a regional
solution?
MR. MUDD: Yes, sir.
COMMISSIONER HENNING: Interesting.
MR. MUDD: And then -- and then what I need to do is in order
to do the RFPs and the other issues, I need to make the necessary
budget amendments not to exceed the 250,000 using the county's
utility engineering firms to complete necessary tasks. And I have six
firms on those -- on those utility contracts. And what I can do is I
can ask them to bid, or I can go out separately on an RFP and bid out
the master plan and use -- and also the waste characterization process.
CHAIRMAN CARTER: So you can compare even though it's
not to exceed 250,000; is that correct? I don't have a problem with
that. It's multiple input.
COMMISSIONER HENNING: That's fine.
CHAIRMAN CARTER: Any questions on the part of the
board?
If not, I would move we accept the recommendations.
COMMISSIONER MAC'KIE: Well, I'd be a little
uncomfortable with that. Do we have to make a motion today?
Because as we went through all those items, we said yes to some and
no to some. Do we have to have a motion or a --
MR. MUDD: Ma'am, you're going to need to -- you need to --
you need to tell me that you want to have a joint meeting. Okay.
And I know you all nodded, but you need to tell me that, okay,
because I got to go on the public record.
CHAIRMAN CARTER: All right. Let me start right with
there. Move that we have a joint meeting with Glades County.
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June 26, 2001
COMMISSIONER MAC'KIE:
CHAIRMAN CARTER:
(Unanimous response.)
CHAIRMAN CARTER:
Second.
All in favor signify by saying aye.
Motion passes 4-0. Next item.
MR. MUDD: I need a motion about the $250,000.
COMMISSIONER MAC'KIE: So moved.
CHAIRMAN CARTER: Second.
COMMISSIONER MAC'KIE: That's No. 6 of his
recommendations on page 3 of 10-E.
CHAIRMAN CARTER: All in favor signify by saying aye.
(Unanimous response.)
CHAIRMAN CARTER: Opposed by the same sign.
(No response.)
CHAIRMAN CARTER: Motion carries 4-0.
MR. MUDD: And the motion about going out for the RFPs.
And that's pretty clear as far as you're concerned, but we want to go
out and get those folks to firm up their -- we want to be very specific
about what we want to ask them to bid on, but we've got to see their
bids so that we can --
COMMISSIONER MAC'KIE: So I'd move that we seek RFPs
for truck and rail hauling, for gasification, for Zero Waste, for
composting excluding municipal solid waste composting, and for --
how do I describe your proposal -- C & D.
COMMISSIONER HENNING: I'll second that motion.
COMMISSIONER COLETTA: Did that cover it all?
CHAIRMAN CARTER: It covered it all. I have a motion by
Commissioner Mac'Kie, a second by Commissioner Henning.
COMMISSIONER MAC'KIE: Did we leave anything out?
MR. KRASOWSKI: Excuse me.
COMMISSIONER HENNING: Why don't you just come up
here, Bob.
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June 26, 2001
MR. KRASOWSKI: I'd never make it. There was once
mention of an RFP for recycling technologies, and I don't know if
anything ever came of that. But is that included in what you're doing,
or is that another element that we should be -- like clean MRFs, who
builds those?
COMMISSIONER MAC'KIE: That's included in yours.
MR. MUDD: 2003 is when we're going to pop that one.
MR. KRASOWSKI: 2003? Well, it's included in the Zero
Waste proposal, so we'll look at it tomorrow. Yeah. The -- now, this
is the Zero Waste proposal as presented today by Zero Waste, not the
altered --
COMMISSIONER MAC'KIE: Absolutely.
MR. KRASOWSKI: Okay. We got it then.
CHAIRMAN CARTER: Are we all clear before I call the
motion? Is everybody clear on the vote?
COMMISSIONER MAC'KIE: Basically we are leaving
everything in except waste to energy and MSW composting.
CHAIRMAN CARTER: All right. Thank you. We have the
motion. We have a second. All in favor signify by saying aye.
(Unanimous response.)
CHAIRMAN CARTER: Opposed by the same sign.
(No response.)
CHAIRMAN CARTER:
outstanding job, Mr. Mudd. And, Mr. Krasowski, thank you.
(Applause.)
CHAIRMAN CARTER: And we move forward -- and to
Malcolm Pimie, you've done a fine job for us.
COMMISSIONER MAC'KIE: Did we also include the
electronics processing?
MR. MUDD: We'll do that. I'll go get the bids for that.
to do that.
Motions carries 4-0. Thank you for an
We got
Page 194
June 26, 2001
CHAIRMAN CARTER: How much more do we have to go?
Magic Fingers, how are you doing?
COMMISSIONER MAC'KIE: Not much. Not very much.
Item # 12A
REIMBURSEMENT OF FIL1NG FEES TO CANDIDATES FOR
THE PELICAN BAY SERVICES DISTRICT BOARD OF
SUPERVISORS - APPROVED
CHAIRMAN CARTER: All right. Move to the next item, if I
can get out of the garbage business.
COMMISSIONER COLETTA: I move that we imburse the --
reimburse the filing fees to the candidates --
COMMISSIONER MAC'KIE: Second.
COMMISSIONER COLETTA: -- for the Pelican Bay Services
District --
MR. WEIGEL: Okay. Mr. Chairman.
CHAIRMAN CARTER: Okay. Motion-- yes.
MR. WEIGEL: And we would like for the motion and the
process to include a finding of public purpose in the -- in making the
refund. This is to encourage the county citizens to enter the political
process and engage in elective office affairs, notwithstanding that the
election may not be held in this case. But a public purpose must be
found in the motion, so if you'd--
COMMISSIONER COLETTA: And that public purpose that
was just mentioned, I include it in my motion.
CHAIRMAN CARTER: Okay. We have a motion by
Commissioner Coletta, second by Commissioner Mac'Kie. All in
favor signify by saying aye.
(Unanimous response.)
Page 195
June 26, 2001
CHAIRMAN CARTER:
(No response.)
CHAIRMAN CARTER:
Item #12B
Opposed by the same sign.
Motion carries 4-0.
ORAL REPORT ON STATUS OF MILLER BOULEVARD
EXTENSION LITIGATION - MARSHALL V. COLLIER
COUNTY, CASE NO. 99-2009-CA, NOW PENDING IN THE
CIRCUIT COURT FOR COLLIER COUNTY, FLORIDA, AND
RECOMMENDATION THAT THE BOARD POSTPONE
CONSIDERATION OF SETTLEMENT UNTIL JULY 31,2001 -
APPROVED
Next item. We're at 12-B.
COMMISSIONER MAC'KIE: Oral report on some litigation.
MR. PETTIT: Good afternoon, Commissioners. Mike Pettit,
assistant county attorney. I had committed to bring back a proposed
settlement agreement on the Miller Boulevard Extension litigation in
June. We were well on our way to do that. We had a meeting with
DEP, Ed Kant, Tom Reese, who represents Florida Wildlife
Federation, and Clarence Tears of the Big Cypress Basin Board, in
late April in Tampa and hammered out a number of agreements that I
felt might be acceptable to this board and, I think, DEP and Florida
Wildlife took a look at and felt like they could live with, and
Clarence Tears also seemed approving.
Since that time we've had an occurrence -- I know little about it
other than what I've been told -- of some clearing along the Miller
Boulevard Extension. I've been requested by both Florida Wildlife
and DEP to ask the board to postpone consideration of any settlement
until July 31, the next board meeting, so that they can complete some
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June 26, 2001
investigation in what occurred. I would hazard that their concern is
that they feel the road has been widened from the size it was when we
brought the original litigation, and so I'm requesting --
COMMISSIONER COLETTA:
postpone this to --
COMMISSIONER MAC'KIE:
MR. PETTIT: Thank you.
COMMISSIONER MAC'KIE:
All in favor please say --
COMMISSIONER COLETTA:
COMMISSIONER MAC'KIE:
speaker.
MR. McNEES:
MS. PAYTON:
I make a move (sic) that we
Second.
Any discussion on the motion?
We've got a speaker.
Oops. We have a registered
Nancy Payton.
Nancy Payton representing the Florida Wildlife
Federation and a property owner along Miller Boulevard Extension.
And thank you very much for the motion to delay because we were
ready to sign as well. There are a few little details that were minor
that we asked be changed, but we were looking forward to resolving
this issue today. But this is what's holding it up.
COMMISSIONER MAC'KIE: Katie, go to the visualizer,
please.
MS. PAYTON: This is a view of our property looking south,
and the damage was done along the east side of the road. And this is
what was the road, and you can see clearing was all the way to here.
It wasn't a little clearing; it was a lot of clearing.
COMMISSIONER MAC'KIE: Who did that?
MS. PAYTON: Code enforcement -- we filed a complaint along
with forestry with code enforcement, and they are investigating it,
and they do have the names of several people that forestry has
provided that may or may not have been involved. I'm hearing
conflicting information, so rather than putting any names forward, I'll
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June 26, 2001
just say it's under investigation. We appreciate the effort that code
enforcement is putting into resolving this situation.
This is another photo, again showing how much damage was
done. This, again, is on our property, and it wasn't just exotics that
were removed. There were some native -- some native vegetation as
well.
And I just brought one more picture to show. This is what this
side of the road looked like before the cleanup took place. We were
not approached to ask if they could clean up our property this year or
any other year. And we were notified by forestry after Memorial Day
weekend that this had been done to our property, but we were not
notified beforehand by anyone that there was going to be a cleanup
on our property.
COMMISSIONER COLETTA: Nancy, you've got every right
to be upset. When somebody goes on your property without your
knowledge, it's -- it's trespassing. But what I'd like to do is -- I do
know some of the people that were involved in this cleanup. God
forbid, I almost ended up out there with them, and I don't know if I'd
even have caught it if I was out there. But I had another conflicting
appointment, so I wasn't there, thank God.
COMMISSIONER MAC'KIE: That was grace.
COMMISSIONER COLETTA: But I would like to bring you
together with several of the people that have caused this problem to
see if you can reach some sort of understanding that will get this
thing going forward and off dead center.
MS. PAYTON: Well, our -- our position is that we want
replanting of the vegetation that was removed and any fill that was
added to the road be removed, and I understand that DEP is looking
at it for wetland violations. And that's our position. There's nothing,
quite frankly, Mr. Coletta, to negotiate. We want it restored to what
it was before they went on there. They trespassed and they did
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June 26, 2001
damage. And I believe that's also the position of the board of
trustees, the governor and the cabinet in terms of state land.
COMMISSIONER COLETTA: The only thing I suggest is we
might be able to shorten this whole process without having to drag
that thing into the courts and have lawyers on both sides get very
wealthy.
MS. PAYTON: We don't intend to take it to court. We think
that we can work it out, hopefully, with -- with code enforcement.
COMMISSIONER COLETTA: I'd like to give it a try with you
and --
MS. PAYTON: And we want to move this forward and resolve
it as quickly as possible because we want to sign that agreement.
MS. PAYTON: Thank you.
COMMISSIONER COLETTA: I'll be talking to you.
CHAIRMAN CARTER: Thank you, Ms. ?ayton. Other
speakers?
MR. PETTIT: Let me add that since the litigation is still
ongoing, I just remind the board that the county claims a prescriptive
easement along that road, but the prescriptive easement was as
defined in the complaint that was filed in, I think, June of 1999. I just
want to say that for clarification. So there's a question as to where
this clearing took place -- I don't know -- and whether that was on the
claim of our prescriptive easement or whether that was on property
we don't claim as prescriptive easement. I'm not certain.
CHAIRMAN CARTER: I don't know. It was legalese. But,
you know, they talk in another --
COMMISSIONER COLETTA: I'll get an interpretation later.
COMMISSIONER MAC'KIE: You had a motion and a second,
Mr. Chairman, while you were away.
CHAIRMAN CARTER: Okay. You want to call the motion?
Call the motion. All in favor signify by saying aye.
Page 199
Unanimous response.)
CHAIRMAN CARTER:
(No response.)
CHAIRMAN CARTER:
Item #13A
June 26, 2001
Opposed by the same sign.
Motion carries 4-0.
REQUEST FOR EXPENDITURES FOR RENOVATIONS TO 2373
HORSESHOE DRIVE AND BUILDING "J"- APPROVED
Other constitutional officers, request for approval of
expenditures for renovations on Horseshoe Drive by the sherifPs
department.
COMMISSIONER MAC'KIE: Are there registered speakers,
Mr. McNees? Motion to approve.
CHAIRMAN CARTER: Second. Any discussion? All in favor
signify by saying aye.
(Unanimous response.)
CHAIRMAN CARTER: Opposed by the same sign.
(No response.)
CHAIRMAN CARTER: Motion carries 4-0.
Any general communications from staff as we depart on summer
recess?
MR. McNEES: No, sir.
CHAIRMAN CARTER: Not a thing. They would not hold us
up for a moment. Ah, but Mr. Pettit --
MR. PETTIT: I'm going to hold you up. Mike Pettit, county
attorney's office. I just want to comment very briefly on the lawsuit
that has been filed against the county by Aquaport Limited Liability
Company, Jim Allen, and Norman Burke in federal court. To bring
your attention to that, each commissioner has been sued individually.
Page 200
June 26, 2001
The county has also been sued. I urge you to take a look at the
Resolution 95-632 that we have brought before you before in other
instances where individuals have been sued. That discusses what the
county has decided are rights of county employees that have been
sued.
At this point in time, our office is representing all defendants.
We also are in consultation with the Carlton Fields law firm about a
possible role they would play, certainly as an adviser on any land use
issues and possibly as either cocounsel for all the defendants or
cocounsel for one set of defendants. Be aware that you are also --
could consider seeking your own counsel within the scope of that
resolution. I just wanted to bring that to your attention.
COMMISSIONER HENNING: Now's a good time to file
bankruptcy, guys.
MR. PETTIT: The answer is right now due on July 1 lth for
everybody but Commissioner Fiala, who I don't think got served. I
am going to work with counsel for the plaintiff and try to get that
extended so that maybe we'll be able to report back to you on the 31st
with some additional direction.
CHAIRMAN CARTER: When do we need to engage -- how do
we go about the representation for each commissioner? We'll look
for some direction from our counsel on that, who's available, how do
we handle that, depending on how far this goes.
MR. PETTIT: That -- generally speaking, we have brought that
back to the board. And it's a little unusual because I'm used to
bringing back where there's been several county employees sued, and
we make some determination as to whether they need counsel. We
come back and say, well, the county attorney will represent the
county. These individuals need counsel, and we ask the board to -- to
approve that under the resolution. This isn't an action item today.
I'm not sure you can take action item -- action on it. That's why I'm
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June 26, 2001
hoping to get things delayed until July 31.
CHAIRMAN CARTER: Just some information question on my
part. Commissioner Mac'Kie.
COMMISSIONER MAC'KIE: The problem here is there's a
reply deadline that will occur sooner than our next meeting, and we
may find that we have cooperative counsel who's willing to give an
extension of time, but we may well find out we don't have. I mean,
they are suing us personally, for heaven's sake. You know, they may
well not be cooperative. So it seems to me that the only prudent
course would be for each commissioner to get counsel for the
purpose of responding within the time allotted, or at least being
available to respond within the time allotted, in case the extension's
not granted.
MR. PETTIT: What I can say to the board is that our office is
prepared to file responses for all defendants if we don't get that
extension at this point. That doesn't mean at a later date you can't
bring in your own counsel.
COMMISSIONER MAC'KIE: I didn't realize that you could
file on our individual behalves, but if you can, then so be it.
MR. WEIGEL: At this early stage, we believe we can. And
then if we were to determine that there is either a conflict with the
individual defendants, commissioners, and the county generally, we
would be back to you, just as we have in previous cases where we
have felt that there may be a conflict or at least an uncomfortable
relation when individual employees have been sued as well as the
county.
And we're going to be -- we already started, and we'll be working
with Carlton Fields, both in regard to the land use issues of this case,
but if you have reviewed the complaints that we've received, the
issues and allegations raised are more than mere land use. It takes on
several other litigation and damage issues that they're attempting to
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June 26, 2001
go forward with. So we feel pretty comfortable right now that based
on the type of complaint that's filed, what we believe are
irregularities in the complaint that was filed, that we can adequately
represent you, hopefully admirably represent you, as well as the
county generally, and be prepared to get back to you with further
suggestion as well as report prior to and in an operative way at the
July 31st board meeting.
But if you're uncomfortable, if you're, as individuals,
uncomfortable or have a desire for that extra protection, of course
you always can go and get your own counsel. And the resolution that
we've had in place since 1995 for these very -- various kinds of things
provides that the board, as a board, can approve individual counsel.
So if you go out and get individual counsel ahead of time, obviously
we would hope that they would work and coordinate with the county
attorney office because we want to bootstrap any private counsel
brought into this to be as aware and effective as they can be early,
early on. But the board ultimately would need to ratify that counsel
in regard to the potential for reimbursement, things of that question.
CHAIRMAN CARTER: Thank you, Counselor. Commissioner
Henning.
COMMISSIONER HENNING: Have a nice vacation.
CHAIRMAN CARTER: Okay. Commissioner Mac'Kie.
COMMISSIONER MAC'KIE: Won't I be seeing you guys
Friday at the NPO meeting? All this talk of vacation, don't we have
an NPO meeting Friday?
CHAIRMAN CARTER: I'm in Tall -- I'm in Jacksonville.
COMMISSIONER MAC'KIE: See you Friday. You know,
then we'll talk vacation.
CHAIRMAN CARTER: I will be at -- I'll be at the Florida
Association of Counties, but the rest of you can enjoy the NPO
meeting. Commissioner Coletta.
Page 203
June 26, 2001
COMMISSIONER COLETTA: Thank you very much,
Commissioner Carter. I'd just like to invite everyone for -- to come
out to Everglades City on Sunday. They're getting a jump on the 4th
of July. They're going to have all sorts of contests for children.
They've been very successful in the past, everything from climbing a
greased pole to chasing a pig, bike rides, canoe races, just about
anything you could think of. Just good, clean family fun. One
o'clock, and stay for the fireworks at nine o'clock. Thank you.
CHAIRMAN CARTER: Sounds terrific. My Fellow
Commissioners, it's been a great first half, and we have done a
fantastic job, moved so many items. Enjoy your recess. We'll come
back and be ready in the fall to move forward on all these agenda
items that are in front of us. But I congratulate you for the hard work
that you've done. And with that, we stand adjourned, and have a
great summer.
***** Commissioner Mac'Kie moved, seconded by Commissioner
Henning, and carried 4/0, (Commissioner Fiala absent), that the
following items under the Consent and Summary Agendas be
approved and/or adopted *****
Item #16Al
RESOLUTION 2001-241 AUTHORIZING THE FLORIDA
DEVELOPMENT FINANCE CORPORATION TO ISSUE
INDUSTRIAL DEVELOPMENT REVENUE BONDS TO
FINANCE A MANUFACTURING FACILITY WITHIN COLLIER
COUNTY ON BEHALF OF AIR TECHNOLOGY ENGINE
INCORPORATED
Item # 16A2
Page 204
June 26, 2001
FINAL PLAT OF "CEDAR HAMMOCK-UNIT 4"
WITH THE STANDARD FORM CONSTRUCTION AND
MAINTENANCE AGREEMENT AND PERFORMANCE
SECURITY- WITH STIPULATION
Item #16A3
FINAL PLAT OF "QUAIL WEST PHASE III, UNIT THREE"
WITH STANDARD FORM CONSTRUCTION AND
MAINTENANCE AGREEMENT AND PERFORMANCE
SECURITY
Item #16A4
FINAL ACCEPTANCE OF WATER UTILITY FACILITIES FOR
CHARLESTON SQUARE WITH RELEASE OF THE UTILITIES
PERFORMANCE SECURITY TO THE PROJECT ENGINEER OR
THE DEVELOPER'S DESIGNATED AGENT
Item #16A5
REQUEST BY THE SALVATION ARMY TO ALLOW UNDER A
TEMPORARY USE PERMIT #010291 THE RETENTION OF A
TENT STRUCTURE FOR A PERIOD OF MORE THAN 28
CALENDAR DAYS FOR A SUMMER DAY CAMP AT 3180
ESTEY AVENUE
Item # 16A6
Page 205
June 26, 2001
PUBLIC HEARING DATE SET FOR FEBRUARY 12, 2002 FOR
CONSIDERATION OF A DEVELOPMENT OF REGIONAL
IMPACT DEVELOPMENT ORDER FOR PETITION DRI-2000-01,
HERITAGE BAY LOCATED IN THE NORTHEAST QUADRANT
OF IMMOKALEE ROAD AND CR951/COLLIER BLVD
Item #16A7
FINAL PLAT OF "CLASSICS PLANTATION ESTATES PHASE
I" WITH STANDARD FORM CONSTRUCTION AND
MAINTENANCE AGREEMENT AND PERFORMANCE
SECURITY AND STIPULATION
Item #16A8
FINAL PLAT OF "REGENT LAKE" WITH STANDARD FORM
CONSTRUCTION AND MAINTENANCE AGREEMENT AND
PERFORMANCE SECURITY AND STIPULATION
Item # 16A9
FINAL PLAT OF "MEDITERRA GOLF COURSE PHASE ONE"
Item #16Al0
FINAL PLAT OF "MEDITERRA GOLF COURSE PHASE TWO"
Item #16Al 1
FINAL PLAT OF "MEDITERRA GOLF COURSE PHASE
THREE"
Page 206
June 26, 2001
Item #16A12 - Deleted
Item #16A13
FINAL PLAT OF "SHERWOOD PARK TWO"
Item #16A14
FINAL PLAT OF "MEDITERRA PARCEL 112" WITH
STANDARD FORM CONSTRUCTION AND MAINTENANCE
AGREEMENT AND PERFORMANCE SECURITY AND
STIPULATION
Item #16A15
RESOLUTION 2001-242 APPROVING THE STATUTORY
EXCHANGE OF PUBLIC PROPERTY FOR PRIVATE
PROPERTY ENABLING THE COUNTY TO CONSTRUCT A
PARKING FACILITY TO ACCOMMODATE THE COUNTY'S
PARKING NEEDS FOR ITS HORSESHOE DRIVE FACILITIES
Item #16A16
INTERGOVERNMENTAL AGREEMENT WITH DEPARTMENT
OF ENVIRONMENTAL PROTECTION TO PROVIDE GREATER
CUSTOMER SERVICE RELATING TO ENVIRONMENTAL
PERMITTING
Item # 16A 17 - Withdrawn
Page 207
June 26, 2001
RECOMMENDATION THAT THE BOARD OF COUNTY
COMMISSIONERS ADOPT A RESOLUTION AUTHORIZING
THE DIRECTOR OF THE CODE ENFORCEMENT
DEPARTMENT TO COMPROMISE AND SETTLE CERTAIN
CODE ENFORCEMENT LIENS AND TO EXECUTE AND
RECORD DOCUMENTS AND TO PERFORM SUCH ACTS
NECESSARY FOR THE IMPLEMENTATION OF THIS
AUTHORITY
Item #16Al 8 - Withdrawn
STAFF REVIEW AND RECOMMENDATIONS RELATIVE TO
ORDINANCE NO. 95-68, AS AMENDED, ALSO KNOWN AS
AIRPORT PLAZA PUD, WHICH, ACCORDING TO THE
REQUIRED PUD STATUS REPORT SUBMITTED BY THE
PROPERTY OWNER/AGENT, HAS NOT COMMENCED
CONSTRUCTION, AS DEFINED IN SECTION 2.7.3.4 OF THE
COLLIER COUNTY LAND DEVELOPMENT CODE,
RESULTING IN SEVERAL POSSIBLE COURSES OF ACTION
FOR THE BOARD OF COUNTY COMMISSIONERS TO
CONSIDER
Item #16A19
2001 AMENDED TOURISM AGREEMENT BETWEEN COLLIER
COUNTY AND THE MARCO ISLAND FILM FESTIVAL
REGARDING THE OCTOBER 2001 EVENT
Item # 16A20
Page 208
June 26, 2001
FINAL PLAT OF "VALENCIA LAKES PHASE 2-A" WITH
STANDARD FORM CONSTRUCTION AND MAINTENANCE
AGREEMENT AND PERFORMANCE SECURITY SUBJECT TO
STIPULATIONS INCLUDING PAYMENT OF OUTSTANDING
IMPACT FEES
Item # 16A21 - Withdrawn
ADOPTION OF A RESOLUTION ESTABLISHING AN OFFICIAL
ADMINISTRATIVE PROCEDURES MANUAL FOR THE
COLLIER COUNTY CONSOLIDATED IMPACT FEE
ORDINANCE
Item #16A22
APPROVAL OF CRITERIA FOR ESTABLISHING NEW
DISTRICT BOUNDARIES FOR THE BOARD OF COUNTY
COMMISSIONERS
Item # 16A23
RESOLUTION 2001-243 ACKNOWLEDGING COLLIER
COUNTY'S LOCAL COMMUNICATIONS SERVICES TAX
CONVERSION RATE
Item #16A24 - Added
COUNTY MANAGER TO EXECUTE A CONTRACT FOR
ECONOMIC CONSULTING SERVICES IN SUPPORT OF THE
RURAL FRINGE ASSESSMENT AREA CONCEPTUAL
STRATEGIES
Page 209
June 26, 2001
Item # 16B 1
RESOLUTION 2001-244 ESTABLISHING A "NO PARKING"
ZONE ALONG THE EASTERN RIGHT-OF-WAY OF SPRUCE
STREET BETWEEN US 41 (SR 90) AND WASHINGTON
AVENUE
Item # 16B2
RESOLUTION 2001-245 ADOPTING THE DISADVANTAGED
BUSINESS ENTERPRISE (DBE) PROGRAM
Item #16B3 - Moved to Item #10J
Item # 16B4
WORK ORDER NO. BRC-FT-01-05 WITH BETTER ROADS,
INC. FOR INTERSECTION IMPROVEMENTS AT COLLIER
BOULEVARD (CR 951) AND DAVIS BOULEVARD IN THE
AMOUNT OF $56,307.65 (PROJECT NO. 60016)
Item #16B5
SUPPLEMENTAL AGREEMENT NO. 9 FOR PROFESSIONAL
ENGINEERING SERVICES BY CH2MHILL FOR THE
CONSTRUCTION OF PINE RIDGE ROAD (CR 896) WIDENING
(SIX LANING) FROM AIRPORT-PULLING ROAD (CR 31) TO
LOGAN BOULEVARD (PROJECT NO. 60111; CIE NO. 41) - IN
THE AMOUNT OF $75,338
Page 210
June 26, 2001
Item #16B6 - Moved to Item #1 OK
Item # 16B7
CONTRACT AMENDMENT NO. 1 FOR PROFESSIONAL
ENGINEERING SERVICES BY WILSONMILLER, INC. FOR
PINE RIDGE ROAD WIDENING FROM AIRPORT ROAD TO
LOGAN BOULEVARD IN THE AMOUNT OF $165,000
(PROJECT NO. 60111; CIE NO. 41)
Item # 16B8
WORK ORDER NO. BRC-FT-01-03 WITH BETTER ROADS,
INC. FOR INTERSECTION IMPROVEMENTS AT SANTA
BARBARA BOULEVARD AND GOLDEN GATE PARKWAY IN
THE AMOUNT OF $60,458.63 (PROJECT NO. 60016)
Item #16B9 - Moved to Item # 10I
Item # 16B 10
RESOLUTION 2001-246 AUTHORIZING THE ACQUISITION OF
PERPETUAL, NON-EXCLUSIVE ROAD RIGHT-OF-WAY FOR
ROADWAY IMPROVEMENTS FOR THE PHASE ONE
WHIPPOORWILL LANE PROJECT FROM PINE RIDGE ROAD
SOUTH A DISTANCE OF APPROX. 1 MILE (PROJECT NO.
60054)
Item # 16B 11 - Continue to July 31,2001
Page 211
June 26, 2001
DEVELOPER CONTRIBUTION AGREEMENT WITH FIRST
BAPTIST CHURCH FOR ROAD IMPACT CREDITS RE
ORANGE BLOSSOM DR.
Item # 16B 12
RESOLUTION 2001-247 AMENDING THE ACCESS
MANAGEMENT SYSTEM POLICY FOR ARTERIAL AND
COLLECTOR ROADWAYS
Item # 16B 13
CASH BOND AGREEMENT FOR THE COMPLETION OF THE
ROADWAY IMPROVEMENTS FOR THE SOUTH ROAD AS
REQUIRED BY THE CREEKSIDE COMMERCE PARK PUD
WITH CREEKSIDE WEST, INC.
Item # 16B 14
BID #01-3239 FOR PELICAN BAY STREETSCAPE IRRIGATION
SYSTEM PHASE I AND II AWARDED TO COLLIER
IRRIGATION SERVICE, INC. 1N THE AMOUNT OF $495,716
Item #16B 15
REPLACE THE PARATRANSIT VEHICLE TOTALED IN A
COLLISION ON 11/23/99
Item # 16B 16
Page 212
June 26, 2001
CASH BOND AGREEMENT FOR THE COMPLETION OF THE
ROADWAY IMPROVEMENTS FOR THE SOUTH ROAD AS
REQUIRED BY THE GRANADA SHOPPES PUD WITH OCEAN
BOULEVARD PARTNERSHIP II
Item # 16B 17
REPORT REGARDING THE RESULTS OF THE ANNUAL
COUNTYWIDE TRAFFIC SIGNAL WARRANT STUDY AND
INTERSECTION IMPROVEMENT PROGRAM
Item # 16B 18
2002-2006 UPDATE TO THE PUBLIC TRANSPORTATION
DEVELOPMENT PLAN (PTDP)
Item # 16B 19
RESOLUTION 2001-248 ADOPTING THE SYSTEM SAFETY
PROGRAM PLAN (SSPP) AND APPROVING THE DRUG FREE
WORKPLACE POLICIES FOR TRANSPORTATION
DISADVANTAGED (TD) AND GENERAL PUBLIC TRANSIT
SERVICE
Item # 16B20
THE METROPOLITAN PLANNING ORGANIZATION (MPO)
BUDGET FOR GRANT YEAR 2001-2002
Item # 16C 1
Page 213
June 26, 2001
BUDGET AMENDMENT RECOGNIZING POSITIVE REVENUE
VARIANCE IN THE POLLUTION CONTROL FUND (108)
Item #16C2
ACCEPTANCE OF UTILITY EASEMENT FOR THE
INSTALLATION OF A WATERMAIN TO SERVICE THE
NAPLES GATEWAY PUD
Item #16C3
AWARD RFP 00-3113 TO IMSOFTECH FOR THE PURCHASE
OF INTEGRATED UTILITY BILLING SOFTWARE SYSTEM;
STAFF TO NEGOTIATE A CONTRACT
Item #16C4
EXECUTION OF SATISFACTIONS OF NOTICE OF PROMISE
TO PAY AND AGREEMENT TO EXTEND PAYMENT OF
WATER AND/OR SEWER SYSTEM IMPACT FEES
Item gl 6C5
WAIVE FORMAL COMPETITION AND APPROVE THE
PURCHASE OF 25 REMOTE TRANSMITTING UNITS FROM
DATA FLOW SYSTEMS, INC. FOR MONITORING
WASTEWATER LIFT STATIONS - IN THE AMOUNT OF
$176,168 (PROJECT NO. 73922)
Item #16C6
Page 214
June 26, 2001
BUDGET AMENDMENT FOR THE NORTH REGIONAL
WATER TREATMENT FACILITY COST CENTER TO COVER
INCREASED CHEMICAL AND ELECTRICAL COSTS
Item # 16C7
CONTRIBUTION OF $15,000 TO THE SOUTH FLORIDA
WATER MANAGEMENT DISTRICT FOR A MASTER PLAN
STUDY FOR THE LOWER WEST COAST REGIONAL
IRRIGATION SYSTEM
Item # 16C8
WORK ORDER CDM-FT-01-02 FOR UTILITY ENGINEERING
SERVICES RELATED TO IMPROVING WELLFIELD
RELIABILITY ASSIGNED TO CAMP DRESSER & MCKEE, INC.
IN THE AMOUNT OF $169,000
Item #16C9 - Deleted
AWARD A CONTRACT TO UPGRADE THE PELICAN BAY
WELLFIELD, BOOSTER STATION AND MASTER FLOW
METER - (BID NO. 01-3238; PROJECT NO. 74039)
Item # 16C 10
CONTRACT GC623 WITH THE FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION (FDEP) TO ELIMINATE
PETROLEUM CONTAMINATED SITES EFFECTIVE JULY 1,
2001 - FDEP TO REIMBURSE THE COUNTY FOR WORK
CONDUCTED
Page 215
June 26, 2001
Item #16C 11
RESOLUTION 2001-249 APPROVING THE SATISFACTION OF
LIENS FOR SOLID WASTE RESIDENTIAL ACCOUNTS THAT
ARE SATISFIED IN FULL FOR THE 1996 SOLID WASTE
COLLECTION AND DISPOSAL SERVICES SPECIAL
ASSESSMENTS
Item #16C12
BUDGET AMENDMENT TO FUND THE 2001 WATER,
WASTEWATER AND REUSE RATE STUDY FOR PUBLIC
UTILITIES FOR SERVICES PROVIDED BY GREELEY &
HANSEN ENGINEERS
Item #16C13
ASSOCIATED BUDGET AMENDMENT FOR BUILDING
IMPROVEMENTS AND CORRECT SAFETY ISSUES FOR THE
NAPLES LANDFILL SCALE HOUSE
Item # 16C 14
COMPETITIVE BID REQUIREMENTS WAIVED AND WORK
ORDER WD-079, FOR THE RELOCATION OF WATER AND
SEWER MAINS RELATED TO THE FLORIDA DEPARTMENT
OF TRANSPORTATION WIDENING OF U.S. 41 FROM
RATTLESNAKE HAMMOCK ROAD TO BAREFOOT
WILLIAMS ROAD, ASSIGNED TO FLORIDA STATE
Page 216
June 26, 2001
UNDERGROUND, INC.- IN THE AMOUNT OF $333,532.33
Item # 16C 15
SATISFACTION OF LIEN DOCUMENTS FILED AGAINST
REAL PROPERTY FOR ABATEMENT OF NUISANCE
Item # 16C 16
WAIVE FORMAL COMPETITION FOR THE PURCHASE OF
CAROLINA SOFTWARE FOR LANDFILL SCALEHOUSE
OPERATIONS
Item # 16C 17
RESOLUTION 2001-250 APPROVING THE SATISFACTION OF
LIENS FOR SOLID WASTE RESIDENTIAL ACCOUNTS THAT
ARE SATISFIED IN FULL FOR THE 1992 SOLID WASTE
COLLECTION AND DISPOSAL SERVICES SPECIAL
ASSESSMENTS
Item # 16C 18
RESOLUTION 2001-251 APPROVING THE SATISFACTION OF
LIENS FOR SOLID WASTE RESIDENTIAL ACCOUNTS THAT
ARE SATISFIED IN FULL FOR THE 1995 SOLID WASTE
COLLECTION AND DISPOSAL SERVICES SPECIAL
ASSESSMENTS
Item #16C19
Page 217
June 26, 2001
RESOLUTION 2001-252 APPROVING THE SATISFACTION OF
LIENS FOR SOLID WASTE RESIDENTIAL ACCOUNTS THAT
ARE SATISFIED IN FULL FOR THE 1994 SOLID WASTE
COLLECTION AND DISPOSAL SERVICES SPECIAL
ASSESSMENTS
Item #16C20
RESOLUTION 2001-253 APPROVING THE SATISFACTION OF
LIENS FOR SOLID WASTE RESIDENTIAL ACCOUNTS THAT
ARE SATISFIED iN FULL FOR THE 1993 SOLID WASTE
COLLECTION AND DISPOSAL SERVICES SPECIAL
ASSESSMENTS
Item #16C21
ONE NEW POSITION WITHiN THE PUBLIC UTILITIES
ENGINEERING DEPARTMENT - COMMUNICATION
SYSTEMS MANAGER
Item #16C22
A BUDGET AMENDMENT TO COVER UNANTICIPATED
EXPENSES IN THE WATER DISTRIBUTION COST CENTER
Item # 16D 1
WARANTY DEED FROM COLLIER CULTURAL AND
EDUCATIONAL CENTER, INC., TO PROPERTY TO BE USED
FOR THE FUTURE "LELY AMPHITHEATER" AND DONATION
AGREEMENT TO BE EXECUTED
Page 218
June 26, 2001
Item #16D2
RESOLUTION 2001-254 AND LEASE AGREEMENT BETWEEN
COLLIER COUNTY AND SPRINT FOR USE OF COUNTY-
OWNED PROPERTY AT THE COCOHATCHEE RIVER PARK
FOR A COMMUNICATIONS TOWER
Item # 16D3
A BUDGET AMENDMENT FOR THE INCREASE IN MEDICAID
WAIVER REVENUE AND PROGRAM COSTS
Item #16D4
ACCEPT FUNDS TO INCREASE HOURS FOR 4H PROGRAM
OUTREACH COORDINATOR
Item #16D5
APPLY FOR A GRANT FROM FLORIDA COMMUNITIES
TRUST FLORIDA FOREVER GRANT PROGRAM
Item #16D6
AN EIGHT MONTH SUSPENSION OF THE DESIGN AND
CONSTRUCTION OF A NEIGHBORHOOD PARK WITHIN
LIVINGSTON WOODS
Item #16D7
Page 219
June 26, 2001
RESOLUTION 2001-255 AUTHORIZING THE ACTIVITIES AND
PRACTICES OF VARIOUS VOLUNTEER ORGANIZATIONS
WITHIN THE PUBLIC SERVICES DIVISION
Item #16D8
RESOLUTION 2001-256 AUTHORIZING THE CHAIRMAN TO
ENTER INTO A LEASE AGREEMENT WITH THE FLORIDA
DEPARTMENT OF TRANSPORTATION TO MAINTAIN A
PUBLIC BOAT RAMP AT THE EXISTING 951 BOAT RAMP
Item # 16D9
AN AGREEMENT WITH COLLIER SPORTS OFFICIALS
ASSOCIATION, INC. FOR THE PURPOSE OF PROVIDING
SPORTS OFFICIALS FOR COUNTY SPONSORED ACTIVITIES
Item # 16D 10
AN INTERLOCAL AGREEMENT WITH THE CITY OF
EVERGLADES FOR THE COMMUNITY CENTER SKATE
PARK PROJECT
Item #16E 1
A BUDGET AMENDMENT TO APPROPRIATE RESERVES
FROM THE MOTOR POOL CAPITAL RECOVERY FUND (522)
TO REFURBISH AN AMBULANCE
Item #16E2
Page 220
June 26, 2001
WAIVE FORMAL BID PROCESS BY UTILIZING THE
SERVICES OF VANDERBILT BAY CONSTRUCTION, INC. TO
CONSTRUCT THE GOLDEN GATE SHERIFF'S SUBSTATION
(PRESENTLY CONSTRUCTING THE GOLDEN GATE
GOVERNMENT SERVICES)
Item #16E3
AWARD RFP #01-3205 EMPLOYMENT ADVERTISING
PLACEMENT SERVICES TO NATIONWIDE ADVERTISING
SERVICES- STAFF TO NEGOTIATE AGREEMENT
Item # 16E4
AWARD RFP 00-3188 (INTEGRATED FINANCIAL
MANAGEMENT SYSTEM) TO CEDAR/SAP
Item #16E5
AWARD RFP00-3173 TO SPILLIS CANDELA AND PARTNERS,
INC. FOR ARCHITECTURAL SERVICES FOR PROGRAMMING
AND DESIGN OF THE COURTHOUSE ANNEX, PARKING
GARAGE, CHILLED WATER PLANT EXPANSION AND
ASSOCIATED VEHICULAR AND PEDESTRIAN
CIRCULATION AND SITE WORK (PROJECT NO. 80533)
Item #16E6
A BUDGET AMENDMENT TO INCREASE APPROPRIATIONS
FOR FUEL AND PARTS COSTS AND RECOGNIZE
ASSOCIATED REVENUES IN FLEET MANAGEMENT
Page 221
June 26, 2001
ADMINISTRATION FUND (521)
Item # 16F 1
RESOLUTION 2001-257 AUTHORIZING THE ACCEPTANCE
OF SAID AGREEMENT BETWEEN THE STATE OF FLORIDA,
DEPARTMENT OF COMMUNITY AFFAIRS AND COLLIER
COUNTY FOR FUNDS TO BE USED FOR SHELTER
ENHANCEMENT AT BARRON COLLIER HIGH SCHOOL
Item #16F2
AWARD BID NO. 01-3212 FOR THE PURCHASE OF MEDICAL
EQUIPMENT FOR THE EMERGENCY MEDICAL SERVICES
DEPARTMENT TO THE VENDORS AS OUTLINED IN THE
EXECUTIVE SUMMARY- IN THE AMOUNT OF $42,000
Item # 16G 1
AUTHORIZATION FOR THE COUNTY MANAGER TO
APPROVE CONSENT AND EMERGENCY AGENDA ITEMS
DURING THE BOARD'S SCHEDULED RECESS
Item #16G2
BUDGET AMENDMENT REPORT- BUDGET AMENDMENT
#01-342; #01-345
Item # 16G3
Page 222
June 26, 2001
AUTHORIZE THE COUNTY MANAGER TO REDUCE OR
WAIVE CERTAIN PUBLIC SERVICE DIVISION AND
COMMUNITY TRANSPORTATION FEES FOR LIMITED
PROMOTIONAL PROGRAMS
Item # 16J 1
SATISFACTION OF LIENS FOR SERVICES OF THE PUBLIC
DEFENDER'S OFFICE
Item # 16J2
MISCELLANEOUS ITEMS - FILED AND/OR REFERRED
The following miscellaneous correspondence, as presented by
the Board of County Commissioners, has been directed to the various
departments as indicated:
Page 223
FOR BOARD ACTION:
1.
BOARD OF COUNTY COMMISSIONERS
MISCELLANEOUS CORRESPONDENCE
June 26, 2001
Satisfaction of Lien: NEED MOTION authorizing the Chairman to sign Satisfaction of
Lien for Services of the Public Defender for Case Nos.: 96-975-CFA, 97-309-CFA, 98-
6724-MMA, 97-10249-COA, 85-325-CFA, 85325-CFA, 9900394MMA, 0004107MMA,
83-584TMC, 0001487MMA, 0002980MMA, 99-7086MMA, 0001058MMA,
0004344MMA, 9910341MMA, 9803828MMA, 9909526MMA, 0002830MMA,
0003843MMA, 0004481MMA, 0003777MMA, 9905083MMA, 9908634MMA,
9910076MMA, 0006214MMA, 0005703 MMA, 9800171 CFA, 0005858MMA,
9909507MMA, 0004299MMA, 9708520MMA, 9807864MMA, 9900898MMA,
0002211MMA, 9909165MMA, 9910774MMA, 81 - 1465-MM-A-42, 9900895MMA,
9708884MMA, 0004615MMA, 9800831MMA, 9501693CFA, 9501699CFA,
9501700CFA, 9501701 CFA, 9501488CFA, 0002330MMA, 9900502MMA,
RECOMMEND APPROVAL.
2. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED:
2)
3)
Clerk of Courts: Submitted for public record, pursuant to Florida Statutes,
Chapter 136.06(1), the disbursements for the Board of County Commissioners for
the period:
1. May 23, 2001 through May 29, 2001.
2. May 3'0, 2001 through June 05,2001.
Districts:
1) Cow Slough Water Control District, Budget for fiscal year 2001/2001 and
Monthly Meeting and Annual Landowners' Meeting Dates for 2001/2002.
The Big Cypress Basin Board of the South Florida Water Management
District, Meeting Agenda for May 18, 2001and Revised Meeting Agenda for
May 18,2001.
Golden Gate Fire Control & Rescue District, Agenda for June 13,2001 and
Agenda for May 9, 2001.
Ochopee Fire Control District Advisory Board, Minutes of November 1,
1999. AGENDa., ~E~4
No. IW'- ~
JUN 2 6 2.001
4)
H:Data/Format
C. Minutes:
1)
Rural Lands Assessment Area Oversight Committee, Agenda for June 6, 2001
and Minutes of May 21, 2001 Minutes of January 22, 2001 and Minutes of
March 26, 2001.
2)
Bayshore Beautification Advisory MSTU, Minutes of April 4, 2001 and
Minutes of May 1,2001 and Minutes of May 2, 2001 and Agenda for June 6,
2001.
3)
Collier County Planning Commission, Agenda for June 7, 2001 and Minutes
of May 3, 2001 and Agenda for May 3, 2001 and Minutes of April 5, 2001
and Minutes of April 19, 2001 and Agenda for May 17, 2001 and Minutes of
May 9, 2001.
4)
Rural Fringe Area Assessment Oversight Committee, Agenda for June 13,
2001 and Minutes of May 23, 2001 and Minutes of May 30, 2001 and
Minutes of April 25, 2001 and Agenda for May 9, 2001 and Minutes of April
11, 2001 and Minutes of March 21, 2001 and Meeting Notice for May 9, 2001
and Meeting Notice for Committee on June 13, 2001 and Meeting Notice for
Property Owners on June 13, 2001.
5) Collier County Airport Agenda for June 11, 2001 and Minutes of May 14,
2001 and Agenda for May 14, 2001 and Minutes of April 9, 2001.
6)
Pelican Bay MSTBU Advisory Committee, Agenda for June 6, 2001 and
Memorandum it ! regarding Ordinance #90-! 11 and Memorandum
regarding Reactions and Suggestions to Improve Operations.
7)
Emergency Medical Services Advisory Council, Agenda for April 25,2001
and Agenda for June 27, 2001 and Minutes of May 29, 2001 and Minutes of
March 28, 2001 and Agenda for May 29, 2001.
8) Lely-~olf Estates Beautification Advisory Committee, Agenda for May 11,
2001 and Minutes of April 12, 2001.
9) Collier County Historic and Archaeological Preservation Board, Minutes of
April 20, 2001 and Agenda for May 18, 2001 and Agenda for June 15, 2001.
10) Parks and Recreation Advisory Board, Agenda for May 16, 2001.
11) Collier County Library Advisory Board, Agenda for May 23,2001 and
Minutes of April 25, 2001.
12) Collier County Contractors' Licensing Board, Agenda for May 23,2001.
13) Environmental Advisory Council Agenda for June 6, 2001 and Minutes of
April 25, 2001 and Minutes of May 2, 2001.
H:Data/Format
14) Coastal Advisory Committee Meeting Notice on June 7, 2001.
H:Data/Format
June 26, 2001
Item # 16K 1
UPDATE A DOCUMENT FOR FIFTH YEAR STATE CRIMINAL
ALIEN ASSISTANCE PROGRAM (SCAAP) GRANT FUNDS
Item #16K2
DESIGNATE THE SHERIFF AS THE OFFICIAL APPLICANT
FOR THE U.S. DEPARTMENT OF JUSTICE, BUREAU OF
JUSTICE ASSISTANCE, AND FY 2001 LOCAL LAW
ENFORCEMENT BLOCK GRANT PROGRAM
Item # 16L 1
AUTHORIZE THE MAKING OF AN OFFER OF JUDGEMENT
TO RESPONDENTS, JOSE AND JENNY REY, FOR PARCEL
10lB IN THE AMOUNT OF $10,058 IN THE LAWSUIT STYLED
COLLIER COUNTY V. JOSE L. REY, ET AL., CASE NO. 99-
3683-CA (GOLDEN GATE BOULEVARD, PROJECT NO. 63041)
- STAFF TO DEPOSIT THE SUM OF $3,358 INTO THE
REGISTRY OF THE COURT
Item #16L2
STIPULATED FINAL JUDGEMENT RELATIVE TO THE
EASEMENT ACQUISITION OF PARCEL 136 IN THE LAWSUIT
ENTITLED COLLIER COUNTY V. FRANK V. KRALIK,
TRUSTEE, OF THE FRANK V. KRALIK REVOCABLE TRUST
DATED FEBRUARY 14, 1998, ET AL., (PINE RIDGE ROAD
PROJECT NO. 60111) - STAFF TO DEPOSIT THE SUM OF
Page 224
June 26, 2001
$5,554.08 INTO THE REGISTRY OF THE COURT
Item # 16L3
STIPULATED FINAL JUDGEMENT RELATIVE TO THE
EASEMENT ACQUISITION OF PARCEL 127 IN THE LAWSUIT
ENTITLED COLLIER COUNTY V. JAMES R. COLOSIMO,
TRUSTEE, UNDER UNRECORDED LAND TRUST
AGREEMENT DATED 12/10/92, ET AL., (PINE RIDGE ROAD
PROJECT NO. 60111) - STAFF TO DEPOSIT THE SUM OF
$20,526 INTO THE REGISTRY OF THE COURT
Item #16L4
AUTHORIZE THE CHAIRMAN TO EXECUTE A CONTINUING
RETENTION AGREEMENT FOR SERVICES ON AN AS-
NEEDED BASIS WITH THE LAW FIRM OF ALLEN, NORTON
& BLUE, P.A., TO MEET COUNTY PURCHASING POLICY
CONTRACT UPDATE REQUIREMENTS
Item #16L5
STIPULATED FINAL JUDGEMENT RELATIVE TO THE
EASEMENT ACQUISITION OF PARCELS 108 AND 708 1N THE
LAWSUIT ENTITLED COLLIER COUNTY V. COMMUNITY
SCHOOL OF NAPLES, INC., ET AL., (PINE RIDGE ROAD
PROJECT NO. 60111) - STAFF TO DEPOSIT THE SUM OF
$6,421 INTO THE REGISTRY OF THE COURT
Item #16L6
Page 225
June 26, 2001
RESOLUTION 2001-258 ORDERING AND CALLING A
SPECIAL ELECTION, TO OCCUR ON NOVEMBER 6, 2001
FILL VACANCIES ON THE LELY COMMUNITY
DEVELOPMENT DISTRICT BOARD OF SUPERVISORS
, TO
Item #16L7
STIPULATED FINAL JUDGEMENT RELATIVE TO THE
EASEMENT ACQUISITION OF PARCEL 162 IN THE LAWSUIT
ENTITLED COLLIER COUNTY V. RUSSELL BAISLEY, ET AL.,
(LIVINGSTON ROAD, PROJECT NO. 60071) - STAFF TO
DEPOSIT THE SUM OF $4,802 INTO THE REGISTRY OF THE
COURT
Item # 16L8 - Added
APPROVE THE AGREED ORDER AWARDING STATUTORY
ATTORNEY'S FEES IN THE AMOLrNT OF $52,483.20,
RELATIVE TO THE EASEMENT ACQUISITION OF PARCEL
145 IN THE LAWSUIT ENTITLED COLLIER COUNTY V.
OWEN M. WARD, TRUSTEE, ET AL, CASE NO. 99-1291-CA,
PROJECT NO. 65031 (RADIO ROAD, SANTA BARBARA
BOULEVARD TO DAVIS BOULEVARD)
Item # 17A
RESOLUTION 2001-259 RE PETITION AVPLAT2001-AR711 TO
DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND
THE PUBLIC'S INTEREST IN A PORTION OF THE DRAINAGE
EASEMENT LOCATED ON LOT 9, ACCORDING TO THE PLAT
OF "BAREFOOT BAY" AS RECORDED IN PLAT BOOK 35,
Page 226
June 26, 2001
PAGES 61 THROUGH 62, PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA, AND TO ACCEPT A RELOCATED
DRAINAGE EASEMENT ON A PORTION OF LOT 1 OF SAID
"BAREFOOT BAY", LOCATED IN SECTION 6, TOWNSHIP 48
SOUTH, RANGE 25 EAST
Item # 17B
RESOLUTION 2001-260 RE PETITION VA-2001-AR-528, JOHN
S. MCGARVEY FROM WESTLINK ASSOCIATES, LLP
REQUESTING A 4-FOOT AFTER-THE-FACT VARIANCE
FROM THE REQUIRED SIDE YARD SETBACK OF 24-FEET TO
20-FEET FOR A SINGLE-FAMILY RESIDENCE FOR A
PROPERTY LOCATED AT 4437 BRYNWOOD DRIVE IN QUAIL
WEST DEVELOPMENT
Item #17C
ORDINANCE 2001-35 RE PETITION PUDA-01-AR-546, MR.
DON CAHILL, REPRESENTING THE BAREFOOT BEACH
PROPERTY OWNERS ASSOCIATION, REQUESTING AN
AMENDMENT TO THE LELY BAREFOOT BEACH PUD
HAVING THE EFFECT OF INCREASING THE MAXIMUM
BUILDING HEIGHT FROM TWO STORIES TO THREE
STORIES WITH A MAXIMUM OF 70-FEET ABOVE THE
MINIMUM BASE FLOOD ELEVATION FOR PROPERTY
LOCATED WITHIN THE LELY BAREFOOT BEACH PUD AND
WEST OF BAREFOOT BEACH BOULEVARD IN SECTIONS 6,
7, & 8, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER
COUNTY, FLORIDA
Page 227
June 26, 2001
Item #17D
ORDINANCE 2001-36 RE PETITION PUDA-01-AR-488, MR. TIM
HANCOCK, REPRESENTING HB HOLDINGS OF SW FLORIDA,
LLC, REQUESTING AN AMENDMENT TO THE DAVINCI
ESTATES IN OLDE CYPRESS PUD HAVING THE EFFECT OF
REDUCING THE MINIMUM REAR YARD SETBACK FROM 25
FEET TO 20 FEET AND TO REDUCE THE FRONT YARD
SETBACK FROM 20 FEET TO 10 FEET ONLY FOR A SIDE
ENTRY GARAGE WHILE MAINTAINING THE 20-FOOT
SETBACK FOR THE PRINCIPAL STRUCTURE FOR
PROPERTY LOCATED NORTH OF IMMOKALEE ROAD (CR-
846) AND APPROXIMATELY 1.3 MILES EAST OF 1-75 IN
SECTION 21, TOWNSHIP 48 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA
Item #17E
RESOLUTION 2001-261 RE PETITION CU-2001-AR-478, JEFF
MERZ FROM VOICESTREAM WIRELESS REPRESENTING
COLLIER COUNTY EMERGENCY MANAGEMENT SERVICES
(EMS) REQUESTING A CONDITIONAL USE FOR
COMMUNICATIONS TOWER ON A PARCEL OF LAND
ZONED "C-I" COMMERCIAL PROFESSIONAL DISTRICT FOR
PROPERTY AT THE INTERSECTION OF GOLDEN GATE AND
CORONADO PARKWAYS IN GOLDEN GATE CITY, AND IS
FURTHER DESCRIBED AS LOT 1.1, BLOCK 115, GOLDEN
GATE CITY UNIT 4, THIS PARCEL CONSISTS OF
APPROXIMATELY 2.5 ACRES AND CONTAINS THE GOLDEN
GATE FIRE & RESCUE BUILDING
Page 228
June 26, 2001
Item #17F
ORDINANCE 2001-37 REPEALING ORDINANCE 91-10, AS
AMENDED, AND REESTABLISHING THE COUNTY
GOVERNMENT PRODUCTIVITY COMMITTEE; CHANGING
MEMBERSHIP AND QUORUM REQUIREMENTS OF THE
COMMITTEE
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 4:34 p.m.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DISTRICTS I~XI~D~ER ITS CONTROL
JAMES D. CARTER, Ph.D., CHAIRMAN
DWIGHT:E?BROCK, CLERK
' "'-Attes. t ii' to Cl~ trmn' s
These minutes approved by the Board on
as presented ~// or as corrected
Page 229
June 26, 2001
TRANSCRIPT PREPARED ON BEHALF OF DONOVAN COURT
REPORTING, INC., BY MARGARET SMITH, RPR, and
BARBARA DRESCHER, NOTARY PUBLIC
Page 230