Agenda 10/27/2009 Item #10DAgenda Item No. 10D
October 27, 2009
Page 1 of 26
EXECUTIVE SUMMARY
Recommendation and reconsideration to (1) grant the Solid Waste Management
Department the authority to pursue an amendment to Ordinance 05 -46 to rezone
Bembridge PUD Tract "A" from Residential PUD to Community Facility PUD to be
processed by CDES on an expedited or fast track basis, (2) contingent upon the rezone
approval, approve a transfer of 5.11 acres, Bembridge PUD Tract "A ", from the Collier
County Emergency Medical Services Department (EMS) to the Solid Waste Management
Department for the relocation of the Naples Recycling Center, at a cost not to exceed
$450,000 and (3) approve budget amendments to transfer funds in the amount of $419,734
from the Collier County Solid Waste Management Fund (474), Solid Waste Capital
Projects, Project 70013, Santa Barbara Recycling Center to the EMS Fund 350.
OBJECTIVE: The public purpose is to provide an improved, more cost effective and centrally
located recycling center that will serve the Collier County residents by constructing a new
recycling center at Santa Barbara Boulevard and relocating the existing County Recycling Center
from leased space at the Naples Airport.
CONSIDERATIONS: The Board of County Commissioners (BCC) granted the Solid Waste
Management Department authority to pursue an amendment to rezone the land back to its
original use as a community facility and to then purchase the Bembridge property on June 23,
2009, as agenda item 16C3 which was moved to agenda item IOH. At the end of the BCC
�^ meeting, the Chairman of the BCC requested the item be brought back for reconsideration.
The County's Solid Waste Management Department is responsible for ensuring that the Collier
County Landfill ( "Landfill ") has sufficient capacity available for the disposal of the County's
solid waste. Accordingly, the Department has prepared an Integrated Solid Waste Management
Strategy ( "Strategy "), which has been reviewed and approved by the Board on December 5,
2006. The Strategy requires the Department to maximize and optimize its use of the County's
existing assets, including the Landfill and recycling centers. Securing and developing recycling
centers is a best value solution to increasing recycling and household hazardous waste collection
and, in return, saves valuable landfill airspace and protects our environment from illegal
dumping.
This provides a unique opportunity to more appropriately locate a permanent recycling facility
on "county owned" land while reducing the capital cost associated with clearing, reclaiming and
constructing a new facility at the Airport Authority leased site. Transferring this property from
EMS to Solid Waste fully compensates EMS for the original purchase while providing a fair
price to Solid Waste customers. Proactively securing this site benefits the County in the
following ways:
• The current recycling center site is leased from the Naples Airport Authority at a current
cost of $44,627.52 per year and is located on an old landfill.
• The current term of the lease is from 10/01/2007 to 9/30/2010. A renewal of the lease is
due on or before 4/01/2010. Based on prior communications, the existing leased property
is not available for sale; therefore, any capital investment at that site would occur on non-
Agenda Item No. 10D
October 27, 2009
Page 2 of 26
County owned (leased) property and would require substantial and costly reclamation.
(See chart below.)
• The Property would provide a centrally located permanent facility in the County.
• Relocation from leased property to County -owned property would fulfill the direction of
the Board to increase recycling and provide best value solutions to all solid waste and
recycling activities.
Bembridge 5.11 Acres
Naples Airport 3.5 +/- Acres
Purchase Price & Closing Costs
$ 450,000
Rent Per Year
$ 44,627
Construction Cost (estimate)
$1,300,000
Construction Cost (estimate)
$1,300,000
Design/Permitting (estimate)
$ 150,000
Design/Permitting (estimate)
$ 175,000
Due Diligence
$ 2,500
Partial Reclamation
$3,000,000
Rezone
$ 30,000
Lease Renewal 30 Yrs
$5,037,237
Total
$1,932,500
Total
$9,556,864
This budget amendment only addresses the transfer in ownership of the property.
FISCAL IMPACT: With the BCC rezone approval, budget amendments would be processed
in the amount of $419,734 to transfer the funds from the Solid Waste Management Capital Fund
m a 474, Project 70013, Santa Barbara Recycling Center to the EMS Fund 350. These funds are
available in the FY2010 budget as approved by the BCC on September 24, 2009.
GROWTH MANAGEMENT IMPACT: The PUD modification and acquisition of the
Bembridge Property is in compliance with the County's Growth Management Plan. The Solid
Waste sub - elements of the Plan promote measures that will increase recycling in Collier County.
This project also provides concurrency with the Solid Waste Management Department's AUIR
Level of Service Standard.
LEGAL CONSIDERATIONS: This is a pure policy decision for the Board. The County
Attorney's Office will work with staff to implement Board direction. - JBW
RECOMMENDATIONS: Staff recommends that the Board of County Commissioners:
1) Grant the Solid Waste Management Department the authority to pursue an
amendment to the Bembridge PUD Ordinance rezoning Tract "A" from
Residential PUD to Community Facility PUD to be processed by CDES on an
expedited or fast track basis;
2) Contingent upon the rezone approval, approve the transfer of the Property
between EMS and SWMD;
3) Contingent upon the rezone approval, approve budget amendments to transfer
funds in the amount of $419,734 from the Collier County Solid Waste
Management Fund (474) Solid Waste Capital Projects, Project 70013, Santa
Barbara Recycling Center to the EMS Fund 350,
4) Direct the County Manager or his designee to proceed with the transfer.
Agenda Item No. 10D
October 27, 2009
Page 3 of 26
PREPARED BY: Mary Jo Thurston, Waste Reduction and Recycling Manager, Solid Waste
Management Department.
Page 1 of 2
Agenda Item No. 10D
October 27, 2009
Page 4 of 26
file: / /C: \AgendaTest \Export\137- October 27, 2009 \10. COUNTY MANAGER REPORTA... 10/21/2009
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
10D
Item Summary:
This item to be heard at 3:00 p.m. Recommendation and consideration to (1) grant the Solid
Waste Management Department the authority to pursue an amendment to Ordinance 05-46
to rezone Bembridge PUD Tract "A" from Residential PUD to Community Facility PUD to be
processed by CDES on an expedited or fast track basis; and, (2) contingent upon the rezone
approval, approve a transfer of 5.11 acres, Bembridge PUD Tract "A ", from the Collier
County Emergency Medical Services Department (EMS) to the Solid Waste Management
Department for the relocation of the Naples Recycling Center, at a cost not to exceed
$450,000; and, (3) approve a budget amendment to transfer funds in the amount of $419,734
from the Collier County Solid Waste Management Fund (474), Solid Waste Capital Projects,
Project 70013, Santa Barbara Recycling Center to the EMS Fund 350. (Dan Rodriguez, Solid
Waste Director)
Meeting Date:
10/27/2009 9:00:00 AM
Approved By
Thomas Wides
Operations Director Date
Public Utilities
Public Utilities Operations 1016/2009 2:07 PM
Approved By
Mary Jo Thurston
Waste Reduction & Recycling Manager Date
Public Utilities
Solid Waste Department 10/7/2009 1:11 PM
Approved By
Jennifer White
Assistant County Attorney Date
County Attorney
County Attorney Office 10/7/2009 4:44 PM
Approved By
Daniel R. Rodriguez
Solid Waste Director Date
Public Utilities
Solid Waste 10/9/2009 10:24 AM
Approved By
Sue Zimmerman
Property Acquisition Specialist Date
Administrative Services
Facilities Management 10/9/2009 10:37 AM
Approved By
Dayne Atkinson
Project Manager Date
Public Utilities Planning and Project
Public Utilities
Management Department 10!9/2009 11:46 AM
Approved By
Toni A. Mott
Real Property Supervisor Date
Administrative Services
Facilities Management 10/9/2009 12:51 PM
file: / /C: \AgendaTest \Export\137- October 27, 2009 \10. COUNTY MANAGER REPORTA... 10/21/2009
Page 2 of 2
Agenda Item No. 10D
October 27, 2009
Page 5 of 26
Approved By
Jeff Klatzkow
County Attorney
Date
County Attorney
County Attorney Office
101912009 2:59 PM
Approved By
James W. DeLony
Public Utilities Administrator
Date
Public Utilities
Public Utilities Administration
10/12/2009 10:13 AM
Approved By
OMB Coordinator
OMB Coordinator
Date
County Manager's Office
Office of Management & Budget
10/15/2009 11:36 AM
•
Approved By
John A. Yonkosky
Director of the Office of Management
Date
County Manager's Office
Office of Management & Budget
10/1912009 5:24 PM
Approved By
Jeff Page
EMS Chief
Date
Bureau of Emergency
EMS
1012012009 7:51 AM
Services
file: / /C:1AgendaTest\Export1137- October 27, 2009110. COUNTY MANAGER REPORTA... 10/21/2009
EXECUTIVE SUMMARY
Recommendation to (1) grant the Solid Waste Management Department the authority to
pursue an amendment to Ordinance 05 -46 to rezone Bembridge PUD Tract "A" from
Residential PUD to Community Facility PUD to be processed by CDES on an expedited or
fast track basis, (2) contingent upon the rezone approval, approve a transfer of 5.11 acres,
Bembridge PUD Tract "A ", from the Collier County Emergency Management Services
Department (EMS) to the Solid Waste Management Department for the relocation of the
Naples Recycling Center, at a cost not to exceed $450,000 and (3) approve a budget
amendment to transfer funds in the amount of $500,000 from the Collier County Solid
Waste Management Fund (474), Reserve for Capital Contingencies, to a new Project 70013,
Naples Recycling Center at 5ap�ta Barbara.
OBJECTIVE: The public purpose is to provide an improved, more cost effective and centrally
located recycling center that will serve the Collier County residents by constructing a new
recycling center at Santa Barbara Boulevard and relocating the existing County Recycling Center
from leased space at the Naples Airport.
CONSIDERATIONS: The County's Solid Waste Management Department is responsible for
ensuring that the Collier County Landfill ( "Landfill ") has sufficient capacity available for the
disposal of the County's solid waste. Accordingly, the Department has prepared an Integrated
Solid Waste Management Strategy ( "Strategy "), which has been reviewed and approved by the
Board on December 5, 2006. The Strategy requires the Department to maximize and optimize its
use of the County's existing assets, including the Landfill and recycling centers.
Securing and developing recycling centers is a best value solution to increasing recycling and
hazardous waste collection and, in return, saves valuable landfill airspace and protects our
environment from illegal dumping. Staff requests that the Board of County Commissioners grant
the Solid Waste Management Department authority to pursue an amendment to rezone the land
back to its original use as a community facility and to then purchase the Bembridge property.
This provides a unique opportunity to more appropriately locate a permanent recycling facility
on "county owned" land while reducing the capital cost associated with clearing, reclaiming and
constructing a new facility. Transferring this property from EMS to Solid Waste fully
compensates EMS for the original purchase while providing a fair price to Solid Waste
customers. Proactively securing this site benefits the county in the following ways:
The current recycling center site is leased from the Naples Airport Authority at a current
cost of $44,627.52 per year and is located on an old landfill.
The current term of the lease is from 10/01/2007 to 9/30/2010. A renewal of the lease is
due on or before 4/01/2010. Based on prior communications, the existing leased property
is not available for sale; therefore, any capital investment at that site would occur on non-
County owned (leased) property and would require substantial and costly reclamation.
(See chart below.)
The Property would provide a centrally located permanent facility in the County.
Relocation from leased property to County -owned property would fulfill the direction of
the Board to increase recycling and provide best value solutions to all solid waste and
recycling activities.
Bembridge 5.11 Acres
Naples Airport 3.5 +/- Acres
Purchase Price & Closing Costs
$ 450,000
Rent Per Year
$ 44,627
Construction Cost (estimate)
$1,300,000
Construction Cost (estimate)
$1,300,000
Design/Permitting (estimate)
$ 150,000
Design/Permitting (estimate)
$ 175,000
Due Diligence
$ 2,500
Partial Reclamation
$1,500,000
Rezone
$ 30,000
Lease Renewal 30 Yrs
$5,037,237
Total
$1,932,500
Total
$8,056,864
This budget amendment only addresses the transfer in ownership of the property. Design,
permitting and construction will occur as part of the FY 2010 budget.
FISCAL IMPACT: A budget amendment is needed in the amount of $500,000 to transfer the
funds from the Solid Waste Management Capital Fund 474 Reserve for Capital Contingencies, to
Project 70013, Naples Recycling Center at Santa Barbara. These funds are available in the FY09
Capital Budget approved by the Board of County Commissioners on September 18, 2008.
GROWTH MANAGEMENT IMPACT: The PUD modification and acquisition of the
Bembridge Property is in compliance with the County's Growth Management Plan. The Solid
Waste sub - elements of the Plan promote measures that will increase recycling in Collier County.
This project also provides concurrency with the Solid Waste Management Department's AU1R
Level of Service Standard.
LEGAL CONSIDERATIONS: This item is legally sufficient for Board action. This is a
regular item requiring a majority vote. - JBW
RECOMMENDATIONS: Staff recommends that the Board of County Commissioners:
1) Grant the Solid Waste Management Department the authority to pursue an
amendment to the Bembridge PUD Ordinance rezoning Tract "A" from
Residential PUD to Community Facility PUD to be processed by CDES on an
expedited or fast track basis;
2) Contingent upon the rezone approval, approve the transfer of the Property
between EMS and SWMD;
3) Approve a budget amendment to transfer funds in the amount of $500,000 from
the Collier County Solid Waste Management Fund (474) Reserve for Capital
Contingencies to a new Project 70013, Naples Recycling Center at Santa
Barbara.
4) Direct the County Manager or his designee to proceed with the transfer.
PREPARED BY: Dayne Atkinson, Project Manager, Public Utilities Planning and Project
Management
p O co
ACV O
00
V N
L m
.0 a_
—0
N U
C0
N
Q
Co er County
Community Development &
Environmental Services Division
February 5, 2009 zoning & Land Development Review
Mr. Daniel D. Rodriguez, Director
Collier County Solid Waste Management Department
3301 Tamiami Trail East, Building H, Third Floor
Naples, FL 34112
Re: ZLTR-2009-AR- 1413 1, regarding the Bembridge ESC Community Facilities CFPUD and
RPUD, located in Section 4, Township 50 South, Range 26 East, Collier County, Florida.
Dear Mr. Rodriguez:
In your zoning verification letter application dated January 9, 2009, you asked Collier County to
provide information about whether the current zoning would allow a Recycling Center to be
established on the remaining 5.11± acre tract. Further, you asked what requirements (steps) would
be required to allow this use on the parcel. In support of your request you provided a copy of the
applicable zoning ordinance, Ordinance Number 05 -46, aerial photos and location maps, Property
Appraiser data, a copy of a boundary sketch and description of the 5.11 acre tract, as well as Florida
Statute citations and aerial photos of the Marco Island Recycling Center.
Ordinance Number 05 -46 does not specifically list a Recycle Facility as an allowable use.
Therefore the PUD would need to be amended to add the use. According to the Land Development
Code (LDC) this use would be considered an Essential Services use, as that type use is described in
LDC Section 2.01.03. Section 2,01.03.0.1 includes the following description:
Conditional uses. The following uses require approval pursuant to section 10.08.00
conditional uses:... .
e. Government facilities, including where not identified as a permitted use in this
section, safety service facilities such as including law ettforcement, fire, [and] emergency
medical services,
Section 2.01.03.6.3 also speaks to additional conditional use approvals that would be required in
residential [zoning] districts. Since the portion of this PUD for which you seek this use is
designated on the Master Plan for residential uses, this LDC section would be applicable as
provided in LDC Section 2.02.02 "District nomenclature." Section 2.01.03.G.3 states the
following:
..... In residential, agricultural, and estate zoned districts .... in addition to those
essential services identlfed as conditional uses In section 2.01.03 G.1 above, the
following essential services shall also be allowed as conditional uses:
a. Regional parks and community parks;
Page 1 of 2
1
2800 North Horseshoe Drive • Naples, FL 3004 • 239.252 -2400 0 Fax 239 - 643.6968 • www.colliergov.net
Letter to Daniel D. Rodriguez
Re ZLTR- 2009 -AR- 14131, 6embridge PUD
February 5, 2009
b. Public parks and public library facilities;
e. Safety service facilities;
d. Other similar facilities, except as othenvise spec(fied herein.
With a PUD zoned tract, you have the option to either seek a conditional use or amend the PUD. In
most instances, it is preferred to amend the PUD rather than seek the conditional use approval.
Both processes are subject to the same public hearing process requirements. However, an amended
PUD would provide one legal document, the PUD Ordinance to govern the uses of the land within
that project, rather than two separate documents --a PUD Ordinance and a Conditional Use
Resolution. Additionally, since this PUD was amended in 2005, the county has adopted a different
format for PUD zoned projects. An amendment would bring this project's PUD document into
compliance with current regulations.
Please note also that the 2008 PUD monitoring report does not appear to have been submitted. Staff
cannot properly evaluate any amendment until that document has been submitted and reviewed.
Should you wish to pursue an amendment to this PUD, please start the process by requesting a pre -
application meeting. The forms for this pre - application meeting can be found on the Zoning and
Development Review website at: http,// apps2, colliergov ,nettwebapps /vision/meetings /.
Please be advised that the information presented in this verification letter is based on the LDC
and /or the Growth Management Plan in effect as of this date. It is possible that subsequent
amendment(s) to any of these documents could affect the validity of this verification letter. It is also
possible that development of the subject property could be affected by other issues not addressed in
this letter, such as, but not limited to, concurrency related to the provision of adequate public
facilities, environmental impact, and other requirements of the Collier County Land Development
Code or related ordinances.
Should you require further information please do not hesitate to call me at (239) 252 -2931.
Researched and prepared by:
_�� &W41-It-i
Kay D elem, AICP, Principal Planner
Department of Zoning & Land
Development Review
Reviewed by:
usan M. istenes, AICP, Director
Department of Zoning & Land
Development Review
cc: Ray Bellows, Zoning Manager, Zoning and Land Development Review
Peggy Jarrell, Addressing Section
Maryann Devanas, PUD monitoring supervisor
ZLTR- 2009 -AR- 14131, (correspondence file)
Page 2 of 2
Motion to accept staffs recommendations — Approved 5/0
D. Continued from the May 26, 2009 and June 9, 2009 BCC Meeting.
Recommend approval from the Board of County Commissioners to install
navigational markers in Outer Clam Bay for USACE permit compliance and
recommendation to move forward with permitting and installation. (Gary
McAlpin, Coastal Zone Management)
Motion to accept staffs recommendations — Approved 4/1
(Commissioner Henning opposed)
E. Recommendation to conduct the Conservation Collier Annual Public
Meeting to provide the Board of County Commissioners and public with an
update on the programs past activities and to obtain direction on solicitation
of proposals for the current acquisition cycle. (Alex Sulecki, Conservation
Collier)
Motion to suspend solicitations until January 2010 — Approved 5/0
F. Report to the Board concerning the results and impacts of the Local Vendor
Preference Policy and recommendations regarding the use of location in the
evaluation of CCNA contracts. (Steve Carnell, Purchasing Director)
Motion to accept option #3 and direct purchasing to not extend fixed
term contracts and to add other professionals to fixed term contracts —
Approved 3/2 (Commissioner Coyle and Commissioner Halas opposed)
Moved from Item #16A10 (Per Agenda Change Sheet)
G. Recommendation that the Board of County Commissioners approves
Change Order No. 1 to Contract #08 -5122 with Post, Buckley, Schuh &
Jernigan for a Phase 2 cost of $1,303,397.38 to develop Watershed
Management Plans required by the Growth Management Plan.
Motion to continue to the September meeting — Approved 312
(Commissioner Henning and Commissioner Halas opposed)
Moved from Item #16C3 (Per Agenda Change Sheet)
I C) H. Recommendation to (1) grant the Solid Waste Management Department the
authority to pursue an amendment to Ordinance 05 -46 to rezone Bembridge
PUD Tract A from Residential PUD to Community Facility PUD to be
processed by CDES on an expedited or fast track basis, (2) contingent upon
the rezone approval, approve a transfer of 5.11 acres, Bembridge PUD Tract
A, from the Collier County Emergency Management Services Department
June 23, 2009
Page 7
(EMS) to the Solid Waste Management Department for the relocation of the
Naples Recycling Center, at a cost not to exceed $450,000 and (3) approve a
budget amendment to transfer funds in the amount of $500,000 fi-om the
Collier County Solid Waste Management Fund (474), Reserve for Capital
Contingencies, to a new Project No. 70013, Naples Recycling Center at
Santa Barbara.
Approved — 3/2 (Commissioner Henning and Commissioner Coyle
opposed
Moved from Item #16D5 (Per Agenda Change Sheet)
I. Recommend approval from the Board of County Commissioners to provide
peer review from Turrell -Hall and Associates, Humiston and Moore, Coastal
Planning and Engineering and Dr. Dean from the University of Florida to the
PBS &J Clam Bay Water Quality Monitoring, Data Collection,
Circulation /Sediment Model and Natural Resource Characterization Study.
The cost for this peer review is expected not to exceed $50,000.
Motion to not approve — Approved 4/0 (Commissioner Halas absent)
Moved from Item #16D6 (Per Agenda Change Sheet)
J. Recommend approval from the Board of County Commissioners of a Work
Order for Water Quality Monitoring, Data Collection, Circulation/Sediment
Model and Natural Resource Characterization Study of the Clam Bay
Estuary as outlined in the PBS &J proposal for a time and materials, not to
exceed price of $265,012 and authorize the County Manager or his designee
to execute the Work Order after approval by County Attorney.
Motion to not approve — Denied 2/3 (Commissioner Coyle,
Commissioner Halas and Commissioner Fiala opposed); Motion to
spend $125,000 for initial phase of proposal and analyze all data —
Approved 4/1 (Commissioner Henning opposed)
11. PUBLIC COMMENTS ON GENERAL TOPICS
12. COUNTY ATTORNEY'S REPORT
A. This item continued from the May 26, 2009 BCC Meeting. Status Report
to the Board of County Commissioners regarding the 2003 Agreement and
promises made by the South Florida Water Management District with
respect to the County's vacating approximately 287 miles of roads in the
Southern Golden Gate Estates.
June 23, 2009
Page 8
June 23, 2009
that the Board of County Commissioners approves change order
number 1 to contract number 08 -5122 with Post, Buckley, and --
Schuh & Jernigan for a Phase Ii cost of $1,303,397.38 to develop
Watershed Management Plans required by the Growth Management
Plan. The item is being moved at the request of Commissioner
The next item is to move Item 16G -- excuse me -- 160 to 1OH.
It's a recommendation to, one, grant the Solid Waste Management
Department the authority to pursue an amendment to Ordinance 05-46
to rezone Bembridge PUD, Tract A, from residential PUD to
community facility PUD, to be processed by Community
Development's Environmental Services on an expedited or fast -track
basis; number two, contingent upon the rezone approval, approve a
transfer of 5.11 acres, Bembridge PUD, Tract A, from the Collier
County Emergency Management Services Department, EMS, to the
Solid Waste Management Department for the relocation of the Naples
Recycling Center at a cost not to exceed $450,000; and, three, to
approve a budget amendment to transfer funds in the amount of
$500,000 from the Collier County Solid Waste Management Fund
(474) Reserve for Capital Contingencies, to a new project, which is
number 70013, the Naples Recycling Center at Santa Barbara. This
item is being moved at Commissioner Henning's request.
a next item is to move Item 16D5 to 101. It's to recommend
approval from the Board of County Commissioners to provide peer
review -- peer review from Turrell, Hall & Associates, Humiston and
Moore, Coastal Planning and Engineering, and Dr. Dean from the
University of Florida to the PBS &J Clam Bay Water Quality
Monitoring, Data Collection, and Circulation/Sediment Model and
Natural Resource Characterization Study.
The cost of this peer review is expected not to exceed $50,000.
The item is being moved at the request of Commissioner Henning.
The next item is to move Item 16D6 to l OJ. It's to recommend
Page 3
Item #10H
RECOMMENDATION TO (1) GRANT THE SOLID WASTE
MANAGEMENT DEPARTMENT THE AUTHORITY TO
PURSUE AN AMENDMENT TO ORDINANCE 2005 -46 TO
REZONE BEMBRIDGE PUD TRACT A FROM RESIDENTIAL
PUD TO COMMUNITY FACILITY PUD TO BE PROCESSED
BY CDES ON AN EXPEDITED OR FAST TRACK BASIS;
(2) CONTINGENT UPON REZONE APPROVAL, APPROVE A
TRANSFER OF 5.11 ACRES, BEMBRIDGE PUD TRACT A,
FROM THE COLLIER COUNTY EMERGENCY MANAGEMENT
SERVICES DEPARTMENT (EMS) TO THE SOLID WASTE
MANAGEMENT DEPARTMENT FOR THE RELOCATION OF
THE NAPLES RECYCLING CENTER AT A COST NOT TO
EXCEED $450,000 AND (3) APPROVE A BUDGET
AMENDMENT TO TRANSFER FUNDS IN THE AMOUNT OF
$500,000 FROM THE COLLIER COUNTY SOLID WASTE
MANAGEMENT FUND (474), RESERVE FOR CAPITAL
CONTINGENCIES, TO A NEW PROJECT NO. 70013, NAPLES
RECYCLING CENTER AT SANTA BARBARA — APPROVED
MR. OCHS: Yes, ma'am. Item 1 OH was previously 1 -3 (sic).
It's a recommendation to grant Solid Waste Department the authority
to pursue an amendment of ordinance 05 -462, rezone Bembridge PUD
Tract A from residential PUD to community facility PUD to be
processed by CDES in an expedited or fast -tract basis contingent upon
rezone approval, and I'll stop there and let Mr. Rodriguez take you
through the items.
CHAIRMAN FIALA: Well, why don't we -- we've all read this,
so why don't we just ask Commissioner Henning what he would like
to talk about.
COMMISSIONER HENNING: Is this item spending a half a
million dollars?
MR. RODRIGUEZ: Yes, Commissioner, if approved by the
board.
COMMISSIONER HENNING: Okay. So that's a different
understanding than the Deputy County Manager has and relayed to
me. So at least we all understand that you want to -- under this item
you want on spend a half a million dollars.
I guess my concern is, understand that you want to model this
like the center on Marco Island.
MR. ROGERS: For the record, Dan Rodriguez. I'm your Solid
Waste Management Department Director. That's correct,
Commissioner.
COMMISSIONER HENNING: And what is the zoning on that
center location on Marco Island?
MR. RODRIGUEZ: I believe it's light industry.
COMMISSIONER HENNING: Light industry. And that's -- I
guess my concern is, I mean, I don't want to take down a process
where I feel those type of uses belong in light industry or industrial.
And I also feel that locating it just miles away from the existing, what
you're going to be asking for is a new recycling center at the landfill.
It's just not good public service.
So I can't support this item, and I'm afraid that we're going to --
it's going to be a contentious issue during the rezoning process. Private
sector can't put a recycling center in a PUD unless it's zoned
industrial. To do this right, you would really want to zone this
industrial. And that takes a Growth Management Plan change, and
that's not being -- what's being proposed.
CHAIRMAN FIALA: Commissioner Halas?
COMMISSIONER HALAS: I've got some concerns because I
think that it could be rezoned and it's -- I think this is in regards to the
same community that cost us another $12 million when we moved the
EOC center from that location to where it's presently located. And if I
remember correctly, that was about a $12 million increase in costs.
So I don't -- I've got some concerns about, what are we going to
put there? We own that land, and I think this would be very beneficial
for the citizens in that area or in Collier County, and it would get us
out of the contract at the airport. So that's my feeling.
CHAIRMAN FIALA: Doesn't this property back up to a
shopping center about to be built?
MR. RODRIGUEZ: That's correct. It's adjacent to the school, as
well as the EMS.
CHAIRMAN FIALA: Okay. And then there's the big shopping
center there that it looks like they've already carved out, right?
MR. RODRIGUEZ: That's correct.
CHAIRMAN FIALA: Okay, very good. Do I hear a motion
from anyone?
COMMISSIONER HALAS: Motion for approval.
CHAIRMAN FIALA: Second.
Any further discussion?
(No response.)
CHAIRMAN FIALA: All those in favor?
COMMISSIONER HALAS: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN FIALA: Opposed.
COMMISSIONER COYLE: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Okay, that's a 3 -2.
Item #15
STAFF AND COMMISSION GENERAL COMMUNICATIONS
MR. OCHS: That takes us to staff and commission general
communications.
CHAIRMAN FIALA: Well, be- -- I need to jump in here before
anything else. I'm still --
COMMISSIONER HENNING: You've got time.
CHAIRMAN FIALA: Oh, I know that, but I just -- I wanted to
go back to an item on the agenda, and that was the Bembridge thing, At
16C3, which became 10H, and it's been -- it's been a -- bothering me
just a little bit about that. And I was wondering if it's possible that I
could reconsider that and talk with staff before we vote on that.
Would that be something we could do?
MR. KLATZKOW: You could do a reconsideration at your next
meeting. That would give you time to talk with staff in between. I
mean, I would --
MS. FILSON: Not until July.
MR. KLATZKOW: That's not until July. I understand.
CHAIRMAN FIALA: So right now I can't do anything but --
MR. KLATZKOW: Well, you could, but you have time to do
your reconsideration, so you can talk with staff first, and then if you
want to do a motion, you can give the County Manager notice that you
intend to bring it up at the next meeting, and then you can make your
motion for reconsideration.
CHAIRMAN FIALA: Yes. Commissioner?
COMMISSIONER COLETTA: I'm sorry. I'm very, very
curious to where you're going with it.
CHAIRMAN FIALA: Okay. Thank you. I'll just come flat out
with it.
COMMISSIONER COLETTA: Please.
CHAIRMAN FIALA: I know the recycling center on Marco
Island, and quite frankly I've been there and -- I'm there every week. I
go by there. It's a wonderful place. Never makes any noise, never any
odor, never a problem. It's located in an industrial section, but in my
opinion anyway, it could be located anyplace, that's why I asked
during this conversation if the shopping center's backing up to it
because I don't know of anything residential even in the area, to be
honest with you, and I thought that it wouldn't be offensive at all.
Word has gotten to me that it might be offensive to the people in
the area. I don't know that. I don't know if they were contacted by it.
or anything. I didn't think it would be because of watching the one on
Marco Island. But I thought I needed to talk to staff about it before --
that's why I was going to --
COMMISSIONER COLETTA: If you want to bring it back for
reconsideration, I'd be happy to second that motion for the next
meeting.
CHAIRMAN FIALA: Good, okay.
COMMISSIONER COLETTA: Just so you don't have the
uncertainty of what's happening and have to move it off to sometime
in October.
CHAIRMAN FIALA: Okay, that would be just great, then I --
next meeting is just perfect. In fact --
COMMISSIONER COLETTA: Now you'd have to put it to a
vote.
CHAIRMAN FIALA: Yes. So it would be -- I need to ask the
other commissioners if it's all right if we could have a reconsideration
at next meeting? It's just so I can talk to staff, yeah. And I can talk to
you. Tell me, you voted -- you voted for -- against it. Why did you
vote against it?
COMMISSIONER COYLE: It's unclear to me what the total
project costs are likely to be. The situation at the current location is
that you're occupying, I think, five acres or so and you're saying
$45,000 a year for five acres. Well, we're going to do something,
we're going to build something, and we're going to go to 12 or 15
acres, and we're increasing our costs eight -- eight, okay. We're
doubling the size pretty much.
MR. DeLONY: With the buffer and other things, yes, sir.
COMMISSIONER COYLE: And -- but the cost is going up, and
I think --
MR. DeLONY: The lease cost.
COMMISSIONER COYLE: $8 million -- or $5 million for ten
years or --
MR. DeLONY: Right. It was 30 years.
COMMISSIONER COYLE: Thirty years.
MR. DeLONY: Yes, sir, for the lease costs, yes, sir. And that's
what we're trying to avoid.
COMMISSIONER COYLE: So that's -- whereas right now it's
only one million three for the lease cost of the property we've got right
now.
MR. DeLONY: Right.
COMMISSIONER COYLE: Yeah. So what I'm looking at is
one million three for property we've got right now. It's functioning as
a recycling center. It's doing fine. It serves a segment of the
population. It's fairly convenient, keeps people from driving all the
way out east to get to the recycling center.
So I'm asking myself, what is the benefit to the entire community
to spend all these additional millions of dollars to do something
different? What's wrong with it as it is right now?
I don't see the return for the investment. It's a big investment, and
I just don't see the return. I use it, I go there. It works fine. If s
efficient. The people there are very helpful. I don't know what
improvement you're going to make to the service to the individuals in
Collier County by spending all this money and going somewhere else
and building another facility. That's my only concern.
CHAIRMAN FIALA: That's a legitimate thing, and I -- we
didn't have enough conversation about this at all, and it's just been
gnawing at me. You know how sometimes you have something
gnawing at you?
MR. DeLONY: If I may?
CHAIRMAN FIALA: Yes, sir.
MR. DeLONY: First of all, the point of the matter is is that we're
not -- we're moving to a standard of service where we segregate retail
and wholesale commensurate to what we have at Marco, which we
don't have at that site we're discussing. And if you're saying that's
adequate and that's where we need to stay, then I'll take that direction
and move forward.
When we did the integrated solid waste management strategy, we
talked about this and increasing the breadth and the convenience of
our recycling program to enhance participation. And one of those
things that we discussed was locating additional recycling centers
within the community, enhancing the services at those recycling
centers.
This is that second breakout from that strategy. The first was the
Marco site, and I just believe I'm following guidance with regard to it
with regard to this specific site, $500,000 for this location and this
acreage and this convenience to the public, provided we can find that
it is compatible to the land use that's already there. I mean, my view
is the best -value solution, you know, in response to your guidance.
If it's the intent of the board that it's not, then I'm back to the
drawing boards, and we'll proceed as directed. But that's generally,
you know, the drift line we've been on on this particular site and this
issue, sir.
COMMISSIONER COYLE: Well, if I could respond to that.
My perception is that at least at that recycling site people are real
happy with it. And in fact, I think you should have recycling sites
conveniently located in other parts of the county because I think
people will use them that way.
And at 40- something- thousand dollars a year for a lease for that
site, that's not a lot of money and -- but you're planning something
significantly bigger and better.
MR. DeLONY: Well, it's certainly more conducive to -- in terms
of segregating some of the commercial activities, that is, pulling it out
and sending it on. Like the Marco facility, for example, we're trying
to make it convenient, clean, orderly, safe, and visually enhancing for
folks coming to it.
I mean, right now we're in an abandoned landfill area. You're
right, we do the very best we can. And generally speaking, because of
our staff, it's a great experience. I'm trying to bring that standard up a
little bit in terms of quality of the facility we're providing as per -- you
know, as per direction.
COMMISSIONER COYLE: Well, it -- at the point we're at now
from a financial standpoint, I'm looking more for functional than
pretty.
MR. DeLONY: I agree with you, sir.
COMMISSIONER COYLE: Okay. And that facility works real
fine. You've got paint, you go to here, you unload your paint. You go
to cardboard here. You go to wood over there. You go to appliances
over here. It's really very convenient.
MR. DeLONY: And what we were trying to accomplish with the
new facility was the same functionality. Some enhancements with
regards to its convenience to the customer and the customer safety,
better tolerance with regard to storm and storm vulnerability. Those
are just temporary buildings and some concerns about that.
But we'll -- I can address all those operationally. And the
direction of the County Manager has to date to get out of our leased
facilities where it's possible, where it makes sense, we can enhance
functionality, enhance the ability to pay, move out of leased facilities
into county -owned facilities. This was, I thought, an excellent
opportunity because of its location.
Problematic was only in, of course, beyond your -- you know,
taking your guidance and moving that to approval for the land was the
use concern I saw in terms of feathering this program.
Now, we can bite off as many chunks of this integrated solid
waste management strategy you all have approved as we'll have
ability to pay. And I agree with you that we're at that point. But this,
I thought, was a logical next step in getting those locations identified,
and then over the next couple or few years enhancing them into our
neighborhoods.
COMMISSIONER COYLE: Well, I -- you know, you're not
enhancing anything into a neighborhood anywhere near where that
one is located.
MR. DeLONY: Yes, sir.
COMMISSIONER COYLE: You see, that's the problem. You're
taking it out of the neighborhood.
MR. DeLONY: Right.
COMMISSIONER COYLE: And what you're -- what will
happen then is the people who want to get rid of all this stuff will be
dumping it throughout East Naples and everyplace else for pickup at
the curbside, which is going to require additional transportation, and
they're going to have to truck it further distances and things of that
nature.
MR. DeLONY: Absolutely true with any location we choose
different than the one we have now. You're actually going to displace
some and you're going to create new ones. And there was an offset. I
just felt that in this particular case, given the conditions at the airport,
leased facility, some concerns that -- last time we were up for a lease
-- I don't know if you remember this -- they voted 3 -2 for us to get the
lease. I mean, they were -- I don't guess they view us as a valued
tenant.
And I know we can influence that through whatever. But my
point was, it was just, in my view, the next logical step. And in
putting these out in the neighborhoods, we need to put one in North
Naples. We need to put one out in the eastern part of Collier County
in District 5. We want to spread this out for the convenience you just
spoke to.
COMMISSIONER COYLE: Well, what I would suggest to you
then in this case, rather than spending a million or more dollars to
move that to a different facility, leave it there, take the money that you
were going to spend there and create one in another place, another
community, and give those people in that community a greater
convenience.
MR. DeLONY: Well, we actually thought that we were doing
that by moving it into East Naples into -- along Santa Barbara. But if
this is not something you want me to do, we can look at other
alternatives with regard to it.
As we were spoke -- we -- it's been several years ago we did this,
but we can update you again, was that we thought in the instate we'd
have as many as six or seven of these in the county as we move
toward build -out.
And the earlier we can make decisions about land use and
purchasing of land or leasing of land, if that's the direction you want
me to take, ultimately, that will be the best value in terms of cost.
But, again, it was just in my view a logical extension of moving
forward in our solid waste program, moving these convenience centers
into different areas of the county and service centers. We don't mean
to disadvantage or disenfranchise the good folks that already use our
current facility. I use that facility and I -- you know, and I travel to do
it, too.
Moving it into the landfill is problematic. You get confu- -- you
get in there, you've got traffic, you've got trucks moving. It's just an
unsafe situation.
COMMISSIONER COYLE: I always dump it at the gate at
night.
MR. DeLONY: Thank you very much. Now we know who to
send the -- but, again, sir. It's a matter of just moving though , that
strategy. If we can't get the land use and it's not something you want
us to do, we'll go out and try to figure out another way to get after this.
COMMISSIONER COYLE: With the current economic
circumstances, I'd rather see you march ahead instead of mark time for
a little bit --
MR. DeLONY: And that's our intent. Actually that's our intent,
sir. You know, we're going to get the land, get the land use, and then
based on financial cost containment and revenue - centric operations,
you know, we're going to -- we're going to move that into that. We're
not going to shut one down till we get one built. I don't think -- I don't
think I talked to you about the sequencing.
CHAIRMAN FIALA: See, we didn't know -- as you can see
now, we really did need some --
MR. DeLONY: Yeah, I --
CHAIRMAN FIALA: -- help --
MR. DeLONY: And I apologize for not making sure that was
clear in the executive summary.
We have a lease, and we intend to stay there until we get this one
built. We would not stand down and then wait and then get another
one. We got to time it in terms of convenience for the customer,
ability to pay, and just do the right thing.
The situation will be -- and we had a 3 -2 vote on this. If I have to
do a rezone -- which I have yet to determine through the County
Attorney's Office and my staff and CDES whether I'll need a rezone
and whether this is an allowed use of the PUD. There's still some
debate about it.
COMMISSIONER COYLE: Where --
MR. DeLONY: At the Bembridge site -- and I don't have four
votes, we're through.
COMMISSIONER COYLE: Forget that.
MR. DeLONY: We're through, because I'll need four votes for
the rezone.
CHAIRMAN FIALA: Let me call on Commissioner Henning
here.
MR. DeLONY: Yes, sir -- yes, ma'am.
COMMISSIONER HENNING: Yeah, let's go to the County
Manager's report.
CHAIRMAN FIALA: Well, did we -- so what can we do now?
Can I just ask right this minute that we can bring it back for discussion
at the next meeting, or I mean --
MR. KLATZKOW: Yeah, if that's the will of the board, Mr.
DeLony can bring it back at the next meeting.
MR. DeLONY: Absolutely. In fact, I'm recommending we bring
it back in September because I think we're going to have less than four
-- three commissioners -- we have only three commissioners in July.
So if -- there's no hurry here. We own the land. I've got a lease. You
know, there's really no time. The time is on us. It would be my
recommendations, County Attorney, if that's okay with you --
MR. KLATZKOW: It makes --
CHAIRMAN FIALA: We'll have four commissioners here in
July I think, aren't we?
MR. DeLONY: I heard that we were going to have less than --
less than five.
CHAIRMAN FIALA: Well, I'm going to be here.
MR. OCHS: That was going to be one of my questions.
MR. DeLONY: I'm sorry, Leo, I jumped --
COMMISSIONER COLETTA: They can attend by phone?
MR. DeLONY: But I'd like to do it in September, would be fine
with me, ma'am, if it's okay with you.
CHAIRMAN FIALA: Okay. Thank you. So now, did I do
everything legally --
MR. KLATZKOW : You're fine.
CHAIRMAN FIALA: -- to bring it back?
MR. KLATZKOW: Mr. DeLony's going to bring this back.
MR. DeLONY: I'll take no action till I bring it back to the Board
of County Commissioners in September. We'll have a full discussion
and vetting at that time.
CHAIRMAN FIALA: Thank you -- thank you very much.
MR. DeLONY: Yes, ma'am.
CHAIRMAN FIALA: I really appreciate that.
MR. DeLONY: Yes, ma`am.
CHAIRMAN FIALA: Okay. Now to the County Attorney's
report -- I mean the County Manager's report.
MR. OCHS: Yes, ma'am. Following up on what we just talked
about, I lust want to get a head count for the meeting in July. I had
heard from your office supervisor there may only be three members
here present for the July 28th meeting. Is that accurate or --