BCC Minutes 05/02/2000 R May 2, 2000
TRANSCRIPT OF THE MEETING OF THE
BOARD OF COUNTY COMMISSIONERS
Naples, Florida, May 2, 2000
LET IT BE REMEMBERED, that the Board of County
Commissioners, in and for the County of Collier, and also acting
as the Board of Zoning Appeals and as the governing board(s) of
such special districts as have been created according to law and
having conducted business herein, met on this date at 9:00 a.m.
in REGULAR SESSION in Building "F" of the Government
Complex, East Naples, Florida, with the following members
present:
CHAIRMAN:
ALSO PRESENT:
Timothy J. Constantine
Barbara B. Berry
James D. Carter
(Via conference phone)
Pamela S. Mac'Kie
John C. Norris
Tom Olliff, County Manager
David Weigel, County Attorney
Page I
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA
Tuesday, May2, 2000
9:00 a.m.
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
COLLIERCOUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST
TAMIAMITRAIL, NAPLES, FLORIDA, 34112,(941) 774-8380; ASSISTED LISTENING
DEVICES FOR THEHEARING IMPAIRED ARE AVAILABLE IN THE COUNTY
COMMISSIONERS' OFFICE.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M.
1
May 2, 2000
e
m
INVOCATION - Reverend Grant Thigpen, New Hope Ministries
PLEDGE OF ALLEGIANCE
APPROVAL OF AGENDAS
A. APPROVAL OF CONSENT AGENDA.
B. APPROVAL OF SUMMARY AGENDA.
C. APPROVAL OF REGULAR AGENDA.
APPROVAL OF MINUTES
A. March 28, 2000 - Regular meeting.
B. April 4, 2000 - Special meeting.
C. April 11, 2000 - Regular meeting.
PROCLAMATIONS AND SERVICE AWARDS
A, PROCLAMATIONS
1) Proclamation proclaiming the month of May 2000 as Mental Health Month.
To be accepted by Ms. Mary Cooper, Executive Director, Mental Health
Association of Naples
2)
Proclamation proclaiming the month of May as National Drug Court
Month. To be accepted by The Honorable William L. Blackwell, Chief
Judge, 20th Judicial Circuit, State of Florida
3)
Proclamation proclaiming the week of May 1-7, 2000 as Worthy Wage
Week. To be accepted by Ms. Myra Shapiro, President, Naples Alliance
for Children
4)
Proclamation proclaiming the month of May as Sea Turtle Public
Awareness Month. To be accepted by Ms. Maura C. Kraus, Senior
Environmentalist, Natural Resources Department, Collier County
SERVICE AWARDS
1)
2)
3)
Ronald Dillard, PWED - 5 years
Anna Rubin, Library - 5 years
Rhonda Watkins, Pollution Control & Prevention - 10 years
2
May 2, 2000
4)
~)
~)
?)
Frank Petito, Aquatic Plant Control - 10 years
Edward Chesser, Parks and Rec. - 10 years
Matthew Vila, EMS - 10 years
Walter Suttlemyre, Building Review & Permitting - 15 years
PRESENTATIONS
1) Presentation regarding the Golden Gate brush fires.
APPROVAL OF CLERK'S REPORT
A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES.
PUBLIC PETITIONS
COUNTY MANAGER'S REPORT
A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1) Analysis of the Java plum invasive exotics plant.
PUBLIC WORKS
1) Obtain Board direction on the sale or transfer of the Marco Island sewer
facilities, service area rights, and customer base.
2)
A report to the Board on the Solid Waste Element of the Collier County
Growth Management Plan.
3)
Award a construction contract to Better Roads, Inc. for Pine Ridge Road
(C.R. 31 to Logan Blvd.) Six Lane Improvements, Bid No. 00-3054;
Project No. 60111, CIE 41.
4)
5)
6)
This item has been deleted.
This item has been deleted.
Approve Change Order No. 1 to Contract No. 00-3033, Hideaway Beach
T-Groin Construction.
3
May 2, 2000
10.
11.
7)
Reappropriation of Tourist Development Tax funding for the Clam Pass
Inlet Management project.
PUBLIC SERVICES
SUPPORT SERVICES
COUNTY MANAGER
1) Presentation of the County Manager's Plan of Organization.
AIRPORT AUTHORITY
EMERGENCY SERVICES
1) CPR training report.
COUNTY ATTORNEY'S REPORT
To present the' report of the County's Coastal and Ocean Engineering Expert and
Legal Counsel regarding the 1995-1996 Beach Restoration Project.
BOARD OF COUNTY COMMISSIONERS
A. Appointment of member to the Rural Fringe Area Assessment Oversight
Committee.
B. Appointment of members to the Radio Road Beautification Advisory Committee.
C. Appointment of members to the Tourist Development Council.
OTHER ITEMS
A. OTHER CONSTITUTIONAL OFFICERS
4
May 2, 2000
B. PUBLIC COMMENT ON GENERAL TOPICS
PUBLIC HEARINGS WILL BE HEARD IMMEDIATELY FOLLOWING STAFF ITEMS
12.
13.
14.
15.
ADVERTISED PUBLIC HEARINGS - BCC
A. COMPREHENSIVE PLAN AMENDMENTS
B. ZONING AMENDMENTS
C. OTHER
1) Consideration to adopt an ordinance amending Collier County Ordinance
No. 86-41, as amended, the ordinance establishing standards for creation
and review of county boards; amending Section Five, Qualifications and
Requirements for Membership on Boards; providing for automatic removal
of members who are plaintiffs in lawsuits against Collier County; providing
for conflict and severability; providing for inclusion in Code of Laws and
Ordinances; and providing an effective date.
BOARD OF ZONING APPEALS
A. ADVERTISED PUBLIC HEARINGS
B. OTHER
STAFF'S COMMUNICATIONS
BOARD OF COUNTY COMMISSIONERS' COMMUNICATIONS
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.
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1)
Recommendation to approve Commercial Excavation Permit No. 59.703
"SR 846 Land Trust Commercial Excavation" located in Sections 1 &2,
Township 48 South, Range 27 East and Sections 35&36, Township 47
South, Range 27 East, bounded on the north and west by land zoned
5
May 2, 2000
Agricultural, on the south and east by land zoned Estates, and on the
west by CR 846 and then land zoned Agricultural.
2) Award of Bid 00-3048 for adificial reef construction.
3)
Resolution to extend the Lake Trafford Restoration Ad Hoc Task Force
through May 7, 2001 and re-appoint/appoint members.
4)
Authorize the Chairman to sign a letter of support on behalf of the
Southwest Florida Regional Planning Council and its overall Economic
Development Program.
5)
Enter a Flood Mitigation Contract with the Florida Department of
Community Affairs (DCA) to supervise rehabilitation of a repetitive loss
home.
6)
Approve a budget amendment and appropriate funds for
telecommunications consultant.
7)
Request to approve for recording the final plat of "Indigo Lakes, Unit 2",
and approval of the Standard Form Construction and Maintenance
Agreement and approval of the amount of the Performance Security.
PUBLIC WORKS
1) This item has been deleted.
2)
Approve a Work Order in the amount of $74,627 for Construction
Engineering and Inspection (CEI) Services for intersection improvements
at Immokalee Road (CR 846) and Randall Boulevard.
3)
Rejection of proposals received for Bid No. 99-3026 for the purchase of
two trackhoes.
4)
Recommendation that the Board of County Commissioners award Bid
#00-3050 for Pelican Bay Cattail Removal to Aquatic Plants of Florida,
;
May 2, 2000
Inc. and approve the necessary Budget Amendment.
5)
Recommendation that the Board of County Commissioners award Bid
#00-3052 for Pelican Bay streetlights, sign poles & luminaries to
Consolidated Electric Distribution, Inc. and approve the necessary Budget
Amendment.
6)
Approve final ranking of consultants for engineering services related to
Pelican Bay Fire/Irrigation Water Improvements, RFP 00-3051, Project
74023.
7) This item has been deleted.
8)
Request approval for the standardization and purchase of traffic recorders
and chargers from Timemark Incorporated.
9) This item has been deleted.
lo)
Recommendation that the Board of County Commissioners approve a
work authorization to prepare the preliminary and final assessment roll for
the Pelican Bay Services Division infrastructure.
1'1)
Award Bid #00-3045 for Annual Contract for "Jack & Bore and Directional
Bore Operations."
12)
Approve Contract for Professional Engineering Services by CH2M Hill, for
Immokalee Road (C.R. 951 to 43rd Ave. N.E.) Four Lane Design, RFP
#99-3O2O.
13)
Recommendation that the Board of County Commissioners reject Bid #00-
3060 for the purchase and installation of Pelican Bay street signs.
14)
Recommendation that the Board of Collier County Commissioners
approve Work Order ABB-FT-00-04 and authorize the Public Works
Engineering Department Director to execute the Work Order.
7
May 2, 2000
'15) This item has been deleted.
16)
Approve an Interagency Agreement between Collier County and the State
of Florida, Department of Corrections, Hendry Correctional Institution, for
continued use of inmate labor in road maintenance activities.
Award Bid #00-3061 for South County Regional Water Treatment Facility
Sludge Pond Clean-out.
18) This item has been deleted.
19) This item has been deleted.
20)
To obtain Board approval for an Amendment to Work Order #VB-99-03
with Vanderbilt Bay Construction, Inc. for the construction of an entry sign
at Bayshore Drive Project No. 66069.
21)
Approve Work Order #TBE-FT-00-03 with Tampa Bay Engineering, Inc.
for traffic analysis and signing & marking design for the proposed
widening of Vanderbilt Beach Road from Airport Road to CR-951 (Collier
Boulevard), Project No. 63051, CIE #63.
22)
Approve a Contract for a Grade Separation Study to Kimley-Horn and
Associates, Inc. Project No. 60017.
23)
Approve Work Order No. SMT-FT-00-05 with Southern Mapping
Technology, Inc. for right of way mapping and cross section survey for the
proposed widening of Vanderbilt Beach Road from Airport Road to CR-
951 (Collier Boulevard), Project No. 63051, CIE #63.
24) This item has been deleted.
8
May 2, 2000
2,5) This item has been deleted.
26)
Approve Amendment to Professional Services Agreement with Metcalf &
Eddy, Inc. related to the North County Regional Water Treatment Plant,
Contract 95-2323, Project 70887, 70890 and 70859.
27)
Approve Amendment to Work Order HAA-FT-00-02 for engineering
services related to noise issues at the North County Regional Water
Treatment Plant, Project 70063.
28) This item has been deleted.
29)
Approve staff ranking of firms for contract negotiations for RFP ¢¢00-3046,
"Solid Waste Characterization and Program Analysis".
PUBLIC SERVICES
1) To award bid to the recommended bidder to ra-sod and renovate a
soccer/football field at Vineyards and Max Hasse Parks.
SUPPORT SERVICES
1) Approval and Execution for Satisfactions of Claim of Liens for Water
and/or Sewer System Impact Fees.
2)
Approval and Execution of Satisfactions of Notice of Promise to Pay and
Agreement to Extend Payment of Water and/or Sewer System Impact
Fees.
3)
Authorization to Execute 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.
4)
A Resolution for Approving the Satisfaction of Lien for a Certain
Residential Account Wherein the County has received Payment and Said
Lien is Satisfied in Full for the 1992 Solid Waste Collection and Disposal
Services Special Assessments.
;
May 2, 2000
s)
A Resolution for Approving the Satisfaction of Liens for Certain
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.
6)
A Resolution for Approving the Satisfaction of Lien for a Certain
Residential Account Wherein the County has received Payment and Said
Lien is Satisfied in Full for the 1991 Solid Waste Collection and Disposal
Services Special Assessments.
7)
A Resolution for Approving the Satisfaction of Liens for Certain
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.
8) This item has been deleted.
9) Authorize Purchase of Camera Equipment for the Board Room.
lo)
Approval of a Budget Amendment for ADA Improvements for a Circuit
Judge and Better Utilization of Space in the Health and Public Services
Building.
11) Award of RFP 00-3041, Analytical Laboratory Services,
COUNTY MANAGER
1) Approval of Budget Amendment Report - Budget Amendment #00-196;
#00-197; #00-200; #00-201; #00-213.
BOARD OF COUNTY COMMISSIONERS
EMERGENCY SERVICES
MISCELLANEOUS CORRESPONDENCE
1o
May 2, 2000
1) Miscellaneous items to file for record with action as directed
OTHER CONSTITUTIONAL OFFICERS
1)
Approval of a lease agreement with William F. Hiniker and Carole Ann
Hiniker for office space to be used by the Sheriff's Office.
COUNTY ATTORNEY
1)
Recommendation that the Board of County Commissioners approve the
Stipulated Final Judgment relative to the easement acquisition on Parcel
No. 111 in the lawsuit entitled Collier County v. Jose L. Rey, et al., Case
No. 99-3683-CA (Golden Gate Boulevard between C.R. 951 and Wilson
Boulevard).
AIRPORT AUTHORITY
1)
Authorize Board Chairman to execute documents for the Economic
Development Administration (EDA) Grant for the Collier County Airport
Authority (CCAA) in the amount of $1,230,000.
17.
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
TO SPEAK IN OPPOSITION TO THE ITEM.
Petition VAC 00-006 to vacate portions of ingress, egress, drainage, utility,
County Utility, temporary drainage and temporary turnaround easements being
portions of the Plats "Tollgate Commercial Center Phase Two" and "Tollgate
Commercial Center Phase Three", and recorded in Plat Book 18, Pages 23 and
24 and Plat Book 22, Pages 95 through 100, respectively, in the Public Records
of Collier County, Florida, and to accept alternate drainage and utility easements.
18. ADJOURN
I1
May 2, 2000
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO
THE COUNTY MANAGER'S OFFICE AT 774-8383.
12
May 2, 2000
May 2, 2000
Item #3A, 3B AND 3C
CONSENT, SUMMARY AND REGULAR AGENDA - APPROVED
AND/OR ADOPTED WITH CHANGES
CHAIRMAN CONSTANTINE: Good morning, and welcome to
the May 2nd, 2000 meeting of the Board of County
Commissioners of Collier County. If you'd stand and join me, we
have the Reverend Grant Thigpen with the New Hope Ministries
with the invocation, and if you'd remain standing, we'll have the
pledge to the flag.
REVEREND THIGPEN: Heavenly Father, we approach your
throne of grace this morning with thankful hearts. Lord, we
acknowledge your presence, but we seek your blessing, as we
conduct the necessary business of government. Lord, we just
thank you this morning that you will lead us, guide us, that this
will be a productive day and pleasing in your sight. These things
we ask in the name of Jesus, amen.
(Pledge of allegiance said in unison.)
CHAIRMAN CONSTANTINE: Mr. Olliff, I understand we have
a few changes to the agenda?
MR. OLLIFF: Good morning. We do.
From the change list, I'll start from the bottom and work my
way up. There is an add being requested, or at least an issue
that will be discussed under the BCC discussion regarding a joint
Lee/Collier County meeting under the Board of County
Commissioners.
CHAIRMAN CONSTANTINE: I had put that under Item No.
10. I don't really care if you want to do it under communications,
it's fine by me.
COMMISSIONER MAC'KIE: I need a change sheet.
Somehow I don't have one.
CHAIRMAN CONSTANTINE: I'll share.
COMMISSIONER MAC'KIE: All right.
MR. OLLIFF: If we put that under the board of county
commissioners, that would end up being Item 10(D).
CHAIRMAN CONSTANTINE: Okay.
MR. OLLIFF: There's also a staff request that we withdraw
an item off of your consent agenda, which would be item
16(B)(4), which was an award within Pelican Bay for some cattail
Page 2
May 2, 2000
removal services.
There's also a staff request that we continue Item 8(B)(7),
which is the tourist development tax funding for Clam Pass Inlet
Management Project.
COMMISSIONER MAC'KIE: Why?
MR. OLLIFF: There's some funding issues there that,
frankly, I wasn't satisfied with on the executive summary, and
we're going to continue that till the next meeting.
COMMISSIONER MAC'KIE: Okay, thank you.
MR. OLLIFF: And the last request is a request from
Commissioner Mac'Kie that we add a proclamation for Teen
Pregnancy Prevention Awareness Month. And I believe you were
all handed out a copy of the proclamation in advance of the
meeting.
COMMISSIONER MAC'KIE: Yeah, if I could just comment on
that, board members. I think -- well, I know that there had been
some controversy associated with that proclamation a couple of
years ago. Primarily, as I understood it, because it had been
sponsored by Planned Parenthood, and that there was some
confusion about whether or not it advocated any controversial
issues like abortion or birth control or anything like that for
teenagers.
Last year the proclamation was put back on the agenda,
because it was sponsored by a community-wide coalition. And
I've sent you a memo -- and I hope you've all read it -- showing
the listing of who are the members of that community coalition.
I'm hopeful that the proclamation not being on this week's
agenda was just resulted from some misunderstanding about
who was sponsoring it. Because the sponsor is exactly the same
as last year, and the wording of the proclamation is almost
identical. It--
CHAIRMAN CONSTANTINE: Is there any objection to putting
(5)(A) on?
COMMISSIONER BERRY: I'm not pleased. I would like to
offer some alternative wording.
COMMISSIONER MAC'KIE: Well, let's discuss it. If we could
put it on the agenda, then we could discuss it at that point.
CHAIRMAN CONSTANTINE: All right. It will -- it looks like
we might have some disagreement whether or not to put it on
the agenda.
Page 3
May 2, 2000
COMMISSIONER MAC'KIE.' Commissioner Berry, would you
mind if we put it on the agenda and discuss alternatives as it
appears on the agenda?
COMMISSIONER BERRY: Well, what I'd really like to do is
offer an alternative to that particular proclamation, which is
totally different verbiage. And I'm not sure, Commissioner, that
you're going to approve of mine because mine's more -- actually,
maybe -- I guess, let's say, it's a more conservative stance.
COMMISSIONER MAC'KIE: Why don't I continue my request
then to the next meeting, and we could consider them both at
that time.
COMMISSIONER BERRY: All right. I'd be happy to do that.
COMMISSIONER MAC'KIE: Is that okay?
CHAIRMAN CONSTANTINE: That's great.
COMMISSIONER BERRY: In the meantime, I will provide the
wording on a particular proclamation that I'm interested in.
COMMISSIONER MAC'KIE: Perfect.
COMMISSIONER BERRY: It would accomplish the same
thing, it just takes a stronger stance.
COMMISSIONER MAC'KIE: Okay.
MR. OLLIFF: That's all the changes.
CHAIRMAN CONSTANTINE: Mr. Weigel, do you have any
changes?
MR. WEIGEL: None, thank you.
CHAIRMAN CONSTANTINE: Good answer.
Commissioner Berry?
COMMISSIONER BERRY: 16(A)(3), please.
COMMISSIONER NORRIS: 16(A)(3)?
CHAIRMAN CONSTANTINE: 16(A)(3) will become 8(A)(2).
Commissioner Norris?
COMMISSIONER NORRIS: 10(E), concerning Frank
Blanchard.
CHAIRMAN CONSTANTINE: 10(E)--
COMMISSIONER NORRIS: Uh-huh.
CHAIRMAN CONSTANTINE: -- Frank Blanchard.
COMMISSIONER MAC'KIE: Give us some clue so we can be
prepared.
COMMISSIONER BERRY: What number is that?
CHAIRMAN CONSTANTINE: 10(E).
COMMISSIONER NORRIS: That's 10(E).
Page 4
May 2, 2000
COMMISSIONER MAC'KIE: Maybe I should -- maybe I'm just
out of touch that I don't know what the issue is of revolving Mr.
Blanchard.
COMMISSIONER NORRIS:
Well, it's not actually an issue, it's
Okay.
-- it's just perhaps a letter of
COMMISSIONER MAC'KIE:
COMMISSIONER NORRIS:
commendation or a plaque or something.
CHAIRMAN CONSTANTINE: Sure.
COMMISSIONER MAC'KIE: Thank you.
CHAIRMAN CONSTANTINE: Any changes?
COMMISSIONER MAC'KIE: I have none -- oh, I have one
abstention. I'm sorry. Darn it. The Indigo Lakes plat, I need to
abstain from that matter. It's a client.
CHAIRMAN CONSTANTINE: I have one other addition, 10(F),
brief discussion regarding the impact fee issue.
COMMISSIONER NORRIS: Regarding? Excuse me?
CHAIRMAN CONSTANTINE: Impact fees.
COMMISSIONER NORRIS: Impact fees.
CHAIRMAN CONSTANTINE: Don't know if you've heard
anything about that.
COMMISSIONER NORRIS: What are impact fees?
COMMISSIONER MAC'KIE: You know, those things that we
don't collect.
CHAIRMAN CONSTANTINE: I was just going to ask the same
question.
COMMISSIONER NORRIS: From what I read, I don't care
about it.
COMMISSIONER BERRY: From those uncaring
commissioners.
CHAIRMAN CONSTANTINE: Five very funny people.
Is there any other -- are there any other changes to the
agenda? If not, we'll entertain a motion to approve.
COMMISSIONER MAC'KIE: So moved.
COMMISSIONER NORRIS: I'll make a motion that we
approve the consent agenda, summary agenda and regular
agenda with the --
COMMISSIONER MAC'KIE: Second.
COMMISSIONER NORRIS: -- changes as noted.
CHAIRMAN CONSTANTINE: Motion and a second. Any
Page 5
May 2, 2000
discussion?
(No response.)
CHAIRMAN CONSTANTINE:
(No response.)
CHAIRMAN CONSTANTINE:
Seeing none, any objection?
Seeing none, motion carries 4-0.
Page 6
BO~ OF CO~TY COMMISSIONERS~ MEETING
,~DD~ ITEM S~A~S~ . PROCLAMATION FOR TEEN PREGNANCY
PREVENTION AWAREIqESS MONTH. (COMMISSIONER MAC'KIE)
CONTINUE: ITEM I~BW7~ - REAPPROPRIATION
DEVELOPMENT TAX FUNDING FOR THE CLAM
MANAGEMENT PROJECT. (STAFF'8 REQUEST).
OF TOURIST
PASS INLET
WITHDRAW: ITEM 16~B~f4) -.RECOMMENDATION TO AWARD BID
31]52 FOR PELICAN BAY CATTAIL REMOVAL TO AQUATIC PLANTS OF
FLORIDA, INC. (STAFF'S REQUEST).
~CC DISCUSSIONS:
JOINT LEE/COLLIER MEETING, (COMMISSIONER CONSTANTINE)
May 2, 2000
Item #4A, 4B and 4C
MINUTES OF MARCH 28, 2000 REGULAR, APRIL 4, 2000 SPECIAL
AND APRIL 11, 2000 MEETINGS - APPROVED AS PRESENTED
Approval of minutes?
COMMISSIONER MAC'KIE: Move approval of March 28th,
April 4th, and April 11th.
COMMISSIONER NORRIS: Second.
COMMISSIONER BERRY: Second.
CHAIRMAN CONSTANTINE:
discussion?
(No response.)
CHAIRMAN CONSTANTINE:
(No response.)
CHAIRMAN CONSTANTINE:
Motion and a second. Any
Any objection?
Motion carries 4-0.
Item #5A1
PROCLAMATION PROCLAIMING THE MONTH OF MAY, 2000 AS
MENTAL HEALTH MONTH -ADOPTED
That takes us on to the proclamations and service awards,
Item 5(A)(1), proclamation proclaiming the month of May, 2000
as Mental Health Month. Commissioner Mac'Kie.
COMMISSIONER MAC'KIE: Yes. I'm honored to read this
proclamation on such an important issue, and I'd ask Mary
Cooper and whomever else she has brought with her.
MS. COOPER: Our board president, Marlene Mead.
COMMISSIONER MAC'KIE: Thank you. And if you would
come stand here in front of the board so we can read it and take
the appropriate photographs, we'd appreciate that.
Proclamation reads:
WHEREAS, mental health is critical for the well-being and
vitality of our families, businesses and communities; and
WHEREAS, mental illness will strike one in five Americans in
a given year, regardless of age, gender, race, ethnicity, religion
or economic status; and
WHEREAS, one in five children suffers from a diagnosable
mental or emotional disorder, and one in 10 has a serious
Page 7
May 2, 2000
disorder, which if untreated can lead to school failure, addiction
and even suicide; and
WHEREAS, mental disorders collectively make mental
illness the most prevalent health problem in America today, more
common than cancer, lung and heart disease combined; and
WHEREAS, the National Mental Health Association, the
Mental Health Association of Collier County, and their partners
observe Mental Health Month each year in May to raise
awareness of mental health, mental illnesses and insurance
discrimination against people with mental illnesses.
NOW THEREFORE, be it proclaimed by the Board of County
Commissioners of Collier County, Florida that the month of May,
2000 be designated Mental Health Month in Collier County, and
call upon all citizens, government agencies, public and private
institutions, businesses and schools in Collier County to
recommit our community to increase awareness and
understanding of mental illness and the need for appropriate and
accessible services for all people with mental illnesses.
DONE AND ORDERED THIS 2nd day of May, 2000, Board of
County Commissioners, Timothy J. Constantine, Chairman.
I move we accept this proclamation.
COMMISSIONER NORRIS: Second.
CHAIRMAN CONSTANTINE: Motion and a second. Any
discussion?
(No response.)
CHAIRMAN CONSTANTINE: All those in favor, please state
aye.
(Unanimous vote of ayes.)
CHAIRMAN CONSTANTINE: Motion carries 4-0.
(Applause.)
COMMISSIONER MAC'KIE: Oh, that's the poster that the
kids -- you're going to tell us about that, aren't you? MS. COOPER: Sure.
COMMISSIONER MAC'KIE: That's great.
COMMISSIONER BERRY: Knowing that I like food, Mary, this
is very appropriate.
MS. COOPER: Great, okay.
On behalf of the Mental Health Association of Collier County
and those whom we serve through our varied, informational,
education, prevention and support services, and on behalf of our
Page 8
May 2, 2000
dedicated community of caring mental health providers, the
Mental Health Association, represented here today by Marlene
Mead, our board president, and myself, Mary Cooper, we
gratefully accept this proclamation for Mental Health Month.
The Mental Health Association is sponsoring a number of
programs throughout this month to enhance the mental health of
our entire community. We are also providing hundreds of
volunteers for next Sunday's Taste of Collier on Third Street
South. This is sponsored by the Florida Restaurant Association,
Collier County chapter, and we are honored to partner with them
and other organizations throughout the community who are
participating.
We invite each one of you to attend, and we are happy to
give each one of you a little free advertising, which we hope you
will wear proudly and enjoy for years to come. Thank you very
much.
CHAIRMAN CONSTANTINE: Thank you very much.
COMMISSIONER BERRY: Thank you.
CHAIRMAN CONSTANTINE: We'll just mention it once an
hour, Mary.
MS. COOPER: Okay, that's wonderful, thank you.
Item #5A2
PROCLAMATION PROCLAIMING THE MONTH OF MAY AS
NATIONAL DRUG COURT MONTH - ADOPTED
CHAIRMAN CONSTANTINE: Next I have a proclamation
proclaiming the month of May as National Drug Court Month. I
believe the Honorable Bill Blackwell is with us. Chief Judge,
good morning.
JUDGE BLACKWELL: Good morning. Good morning.
CHAIRMAN CONSTANTINE: Our proclamation reads as
follows:
WHEREAS, drug courts provides the focus and leadership for
community-wide anti-drug systems -- please face them. The TV
cameras will all pick you up -- bringing together criminal justice,
treatment, education and other community partners in the fight
against drug abuse and criminality; and
WHEREAS, drug court programs combine intensive judicial
Page 9
May 2, 2000
supervision, mandatory substance abuse treatment and drug
testing, and escalating sanctions and incentives in order to
break the cycle of drug addition and its concomitant crime.
WHEREAS, the judge, prosecutors, defense attorneys,
treatment and rehab professionals, law enforcement and
corrections personnel, researchers and educators, national and
community leaders and others dedicated to the movement have
had a profound impact through hard work and commitment to
their communities; and
WHEREAS, the drug court movement has grown from the 12
original drug courts in 1994 to over 700 drug courts that are in
operation or in the planning stages.
NOW THEREFORE, be it proclaimed by the Board of County
Commissioners of Collier County, Florida that the month of May,
2000 be designated as National Drug Court Month, and urge you
to recognize the practitioners and participants who make drug
courts work, and the significant contributions the drug courts
have made and continue to make in reducing drug usage and
crime.
DONE AND ORDERED THIS 2nd day of May, BCC, Collier
County, Florida, Timothy J. Constantine. I move approval.
COMMISSIONER MAC'KIE: Second.
COMMISSIONER NORRIS: Second.
Motion and a second. All those
CHAIRMAN CONSTANTINE:
in favor, please state aye.
(Unanimous votes of ayes.)
CHAIRMAN CONSTANTINE:
(Applause.)
Motion carries 4-0.
Item #5A3
PROCLAMATION PROCLAIMING THE WEEK OF MAY 1-7, 2000 AS
WORTHY WAGE WEEK
CHAIRMAN CONSTANTINE: Commissioner Norris, you have
a proclamation for Worthy Wage Week.
COMMISSIONER NORRIS: I sure do.
CHAIRMAN CONSTANTINE: Say that three times fast.
COMMISSIONER NORRIS: Yes, let's see if we can get that
Page 10
May 2, 2000
one.
We need to see if Myra Shapiro will come up, Get up here
and face the folks.
MS. SHAPIRO: And I'd like to introduce Patti Young, our
Worthy Wage chair.
COMMISSIONER NORRIS: Okay, thank you.
WHEREAS, the Naples Alliance for Children and other
organizations nationwide are recognizing Worthy Wage Week,
Monday, May 1st, through Sunday, May 7th, 2000; and
WHEREAS, of the 21 million children under six in America,
13 million are in child care at least part-time; an additional 24
million school-aged children are in some form of child care
outside of school time; and
WHEREAS, of the 15,000 children under six in Collier County,
5,603 are in child care at least part-time; an additional 3,095
school-aged children are in some form of child care outside of
school time; and
WHEREAS, by calling attention to the importance of high
quality child care service for all children and families within
Collier County, Florida, Naples Alliance for Children hopes to
improve the quality and availability of such service; and
WHEREAS, our future depends on the quality of early
childhood experiences provided to young children today. High
quality early childcare services represent a worthy commitment
to our children's futures; and
WHEREAS, quality early childcare depends on skilled and
nurturing teachers, a worthy wage is required.
NOW THEREFORE, be it proclaimed by the Board of County
Commissioners of Collier County, Florida that the week of May
1st to 7th, 2000 be designated as Worthy Wage Week in Collier
County, Florida, and urges all citizens to recognize the need for a
worthy wage for early childhood teachers and staff.
DONE AND ORDERED THIS 2nd day of May, 2000 by the
Board of County Commissioners, Collier County, Florida, Timothy
J. Constantine, Chairman.
And Mr. Chairman, I'd like to move acceptance of this
proclamation.
COMMISSIONER MAC'KIE: Second.
CHAIRMAN CONSTANTINE: Motion and a second. All those
in favor, state aye.
Page 11
May 2, 2000
(Unanimous votes of ayes.)
CHAIRMAN CONSTANTINE: Motion carries unanimously.
(Applause.)
COMMISSIONER MAC'KIE: I've got to tell you guys, this time
last year when they did this, I went and spent some time in a day
care center to do a little of the work that these day care workers
do. I thought being a mommy was hard. It's a tough, tough and
incredibly important job they do.
MS. SHAPIRO: And thank you so much. We appreciate your
support. And I also am thinking way back, I don't know if
Commissioner Norris remembers, but I think you went on one of
our first child care tours when you -- before you even sat at this
place; when you were just starting on your road to politics.
Parents can't afford to pay. Teachers and providers can't
afford to stay in child care. There has to be a better way. That's
the slogan for the Worthy Wage campaign.
We ask you and the community to join us in giving our child
care workers a worthy wage and find a better way to do that.
Thank you very much for your support.
And we'd like to encourage you to wear your button proudly,
not just this week, but for the rest of the year. Thank you.
And you do have our child care directory, which is new. It's
free to anyone. Just if you know anyone else who wants it, just
let us know. And I'd like to leave one here for the county.
COMMISSIONER MAC'KIE: And Myra, those are also
available in the libraries?
MS. SHAPIRO: Yes, they will be in the libraries. They're
going to be distributed through the schools, the libraries, all the
business community.
COMMISSIONER MAC'KIE: Wonderful source.
MS. SHAPIRO: Thank you.
Item #5A4
PROCLAMATION PROCLAIMING THE MONTH OF MAY AS SEA
TURTLE PUBLIC AWARENESS MONTH - ADOPTED
CHAIRMAN CONSTANTINE: Commissioner Berry, I
understand you have a proclamation for Sea Turtle Public
Awareness Month.
Page 12
May 2, 2000
COMMISSIONER BERRY: Yes, I do. If I could have Ms.
Kraus come forward, if she's here, please. She's the senior
environmentalist with the Natural Resource Department right
here in Collier County.
The proclamation reads as follows:
WHEREAS, the economic and ecological well-being of Collier
County is significantly dependent on the county's natural
resources; and
WHEREAS, sea turtles in Collier County are adversely
impacted from coastal development; and
WHEREAS, Collier County protects sea turtles and manages
artificial lighting through its land development code and beach
lighting compliance inspections, and through the Natural
Resources Department, Sea Turtle Protection Program; and
WHEREAS, the County Beach Lighting Compliance Program
has reduced the number of hatchling disorientations since its
establishment; and
WHEREAS, a vital component of beach lighting compliance
is public awareness and education, which is accomplished
through brochures, displays, presentations and public service
announcements broadcast on the Government Access Station,
Cable TV 54, and the visitor's station, Cable TV 38.
NOW, THEREFORE, be it proclaimed by the Board of County
Commissioners of Collier County, Florida that the month of May
be designated as Sea Turtle Public Awareness Month.
DONE AND ORDERED THIS 2nd day of May, 2000, Board of
County Commissioners, Collier County, Florida, Timothy J.
Constantine, Chairman.
Mr. Chairman, I'd like to move acceptance of this
proclamation.
COMMISSIONER MAC'KIE: Second.
CHAIRMAN CONSTANTINE:
Discussion?
(No response.)
CHAIRMAN CONSTANTINE:
of the motion, please state aye.
(Unanimous vote of ayes.)
CHAIRMAN CONSTANTINE:
(Applause.)
COMMISSIONER MAC'KIE:
Motion and a second.
Seeing none, all those in favor
Motion carries unanimous.
I haven't seen the lights out
Page 13
May 2, 2000
bumper stickers so far this year. Are we going to get them?
MS. KRAUS: Probably not this year, but we are working
towards public service announcements. We have one on Channel
54, which we're going to be showing you right now, and another
one on Visitors TV. And we also have posters up and we have
two sea turtles that have already nested this year. So the
season is off to an early start.
CHAIRMAN CONSTANTINE: Thank you very much.
MS. KRAUS: Thank you.
(Commercial shown.)
CHAIRMAN CONSTANTINE: We'll be repeating that catch
phrase all day.
COMMISSIONER MAC'KIE: Somebody could make a joke
about commissioners being in the dark, but it probably wouldn't
be appropriate.
CHAIRMAN CONSTANTINE: Yeah, kind of a long pause
waiting for that one.
Item #5B
EMPLOYEE SERVICE AWARDS - PRESENTED
We have a number of service awards for our hard-working
employees today. We have a couple of folks who have been here
for five years. First receiving his five-year certificate and pin,
Ronald Dillard. (Applause.)
CHAIRMAN CONSTANTINE:
in our library, Anna Rubin.
(Applause.)
CHAIRMAN CONSTANTINE:
prevention, Rhonda Watkins.
(Applause.)
CHAIRMAN CONSTANTINE:
Frank Petito.
(Applause.)
CHAIRMAN CONSTANTINE:
Recreation, Ed Chesser.
(Applause.)
CHAIRMAN CONSTANTINE:
Also with five years in currently
10 years with pollution
10 years aquatic plant control,
10 years with Parks and
Also with 10 years, Matthew
Page 14
May 2, 2000
Vila. (Applause.)
CHAIRMAN CONSTANTINE: And our big winner today with
15 years working for Collier County right now in inspection and
plan review, Gene Suttlemyre.
(Applause.)
Item #5C
PRESENTATION REGARDING THE GOLDEN GATE BRUSH FIRES -
PROCLAMATIONS OF APPRECIATION PRESENTED TO STATE
AND COUNTY PERSONNEL INVOLVED IN GOLDEN GATE BRUSH
FIRE
CHAIRMAN CONSTANTINE: Mr. Olliff, I understand we've
put together a special presentation today regarding the Golden
Gate brush fires, and some of the folks who did their hard work
there.
MR. OLLIFF: We have. And if I could ask Gary --
CHAIRMAN CONSTANTINE: Gary, if you'd just give us kind
of like a 60-second version of how the whole thing unfolded and
all the various agencies involved. Because we have awards here
for a number of folks, but rather than simply hand them out, I
wanted to just get a capsule view of how many different
agencies actually came together working on this thing.
MR. ARNOLD: It's amazing, but in 60 seconds, that's difficult
to do with the number of people we had out there.
At one point, there were over 250 firefighters from the state,
some federal agencies, Division of Forestry, and I believe
something like 12 counties in South Florida, as far north as
Manatee, and to the east as far away as Palm Beach County
were here. We had structural teams, we had wild fire teams, we
had The Salvation Army, The Red Cross, The Jaycees providing
three meals -- actually four meals a day for the overnight crew to
get lunch as well. I really hate to list people, because I know I'm
going to forget someone.
CHAIRMAN CONSTANTINE: We'll take care of the listing
people for you, but I just wanted to put a little perspective on
that, because this was a huge operation.
MR. ARNOLD: And another great thing, too. When the state
Page 15
May 2, 2000
team came in, there was some confusion briefly, because they
said they weren't used to seeing an area where everyone worked
together so well. And that's something that all of us have
worked on for years. These guys and the people they work for --
or work with and for, all work year-round to try and make these
things go as smoothly as possible.
CHAIRMAN CONSTANTINE: I'll tell you, like any community
we have our share of concerns and problems and improvements
we try to make, but every time we either have a hurricane
headed this way or in this case a fire, it makes me feel that much
safer, because we have such a great effort concerted and people
working together. And so we're going to make sure we recognize
some of the people involved in that right now.
If -- as I call you, if each one of you would come up and then
stay here, so that we'll have all of you here at the same time
when we finish.
We want to recognize Hank Graham from the Division of
Forestry, but Wilbur Chaney actually is here to pick that up.
Wilbur, from the Division of Forestry. Also Chief Nat Ippoloto.
Chief Steven Moore. Chief Frank Kovarik. Chief Bob Schank.
Chief Don Peterson. Chief Ray Alvarez. Chief Rod Rodriguez.
Chief Ed Dwyer. Chief James Tobin. Chief Bob Wilson. Our own
Gary Arnold. Ken Pineau. And Diane Flagg.
Ladies and gentlemen of Collier County, when you saw
16,000 acres burn, these folks made sure it didn't come
anywhere near you. Thank you, gentleman. (Applause.)
CHAIRMAN CONSTANTINE: Moves us on to the county
manager's report. Item --
COMMISSIONER NORRIS: Not quite yet.
CHIEF TOBIN: You get to hear from me.
COMMISSIONER NORRIS: Chief Tobin is not going to let us --
CHAIRMAN CONSTANTINE: We get to stay with the good
part of the meeting.
CHIEF TOBIN: Commissioners, I'd like to say, on behalf--
and humbly, on behalf of standing up here for my colleagues
here, many of them who spent like myself five days out there
without going home, and we'd like to -- we're really surprised and
happy that you recognized us.
And just very quickly, you know, we'd like to say thank you
Page 16
May 2, 2000
to Tom Olliff and good luck in your new position. We'd like to say
thank you to The Red Cross, The Salvation Army, The Jaycees,
Emergency Management, Collier County EMS. And also
congratulations to you and Collier County EMS for being named
number one in the state.
The fire departments in Collier County responded to over
31,000 calls last year, of which approximately half are EMS calls
and hard to believe those other half, around 14 to 15,000 fire
related incidences.
And the women and the men of the Collier County fire
service, we are -- as we are coming into the 21st Century, we are
coming more complex and the people that are coming into our
organizations are highly skilled, highly motivated, and highly
educated individuals who on a daily basis can find themselves
faced with a magnitude from a dive rescue in the Gulf of Mexico
to fighting brush fires out in the Estates.
I did -- you know, we had a lot to say here, but Chief Schank
and Chief Peterson and Wilson and Alvarez and Rodriguez, Chief
Boon (phonetic) in Marco and Dwyer, Chief Moore, Chief Reed
Kovarik. As you can see, the chief from Bonita Springs is also
here, Chief Gorley. We'd really like to say thank you for
recognizing us.
And we really want to say thank you to all the citizens and
all the agencies and all the support we got from Collier County
government out there in the fires. Thank you. CHAIRMAN CONSTANTINE: Thanks.
CHIEF TOBIN: And good luck, Commissioner Berry,
Commissioner Norris, Commissioner Constantine in your future,
and good luck to you, Commissioner, and --
COMMISSIONER MAC'KIE: For hanging around?
CHIEF TOBIN: Good luck in your futures and thank you very
much.
CHAIRMAN CONSTANTINE: Thank you.
(Applause.)
Item #8A1
ANALYSIS OF THE JAVA PLUM INVASIVE EXOTICS PLANT - NO
ACTION
Page 17
May 2, 2000
CHAIRMAN CONSTANTINE: Mr. Oilill, at what point will we
be connecting with Commissioner Carter via telephone?
MR. OLLIFF: I believe your staff is going to be contacting
him during this next item, 8(A)(1).
CHAIRMAN CONSTANTINE: If we need to take a brief break
for technical hookup, you just keep us posted. MR. OLLIFF: Okay.
CHAIRMAN CONSTANTINE: Item 8(A)(1), analysis of the
Java plum invasive exotic plant.
MS. ARNOLD: Good morning. For the record, Michelle
Arnold, your code enforcement director.
On the 28th of March you all asked us to come back to you
and report on why -- or the history of the Java plum and why it's
on our exotics list. This is in response to a citizen's request to
be exempt from that requirement to remove it from their
property.
In our analysis, we found that the Java plum is one of -- is
listed on the Category I of pest plants in the State of Florida. It
was added to our list in 1991. It's a very aggressive plant, and
its seeds or fruit are transported by animals and birds.
Our analysis of this particular plant showed that it is
aggressive. The county's making efforts itself to remove it from
its public plans and community parks. And we don't feel that the
single request to exempt the property owner warrants amending
any ordinance and removing it from our exotics list.
COMMISSIONER MAC'KIE: I frankly just got an education by
this staff report and appreciated it and wanted to make a motion
that, if a motion is appropriate, that we make no change. We
leave the Java plum on the prohibited exotic plant list, now that
we know just what a problem it is.
COMMISSIONER NORRIS: Just let me clarify to make sure.
Leaving it on the list doesn't mean that necessarily that we're
going to require people to remove what they have?
MS. ARNOLD: No. The code only requires the removal of
exotics at the time of the development. And in the case of the
public petitioner, it was required for them to remove it at that
time. They did not. We got complaints and we took action as far
as enforcing it.
And as the executive summary identifies, we did have other
property owners within that same development that removed
Page 18
May 2, 2000
Java plums and other exotics. But the property owner wanted to
petition this board to see whether or not they would allow the
exemption.
COMMISSIONER NORRIS: Okay.
COMMISSIONER MAC'KIE: So if a motion's appropriate, Mr.
Weigel, my motion is for no change in the ordinance. Is that --
COMMISSIONER BERRY: Right. But what I gather from this,
like in the case of -- people are going to see these over around
Horseshoe Drive. But they need to understand that those were in
place before this ordinance was passed. MS. ARNOLD: Right.
COMMISSIONER BERRY: And should they be blown down,
they certainly will not be replaced by Java plum. MS. ARNOLD: Right.
COMMISSIONER BERRY: There will be something else --
MS. ARNOLD: That's correct.
COMMISSIONER BERRY: -- that would be replaced.
MS. ARNOLD: Right.
COMMISSIONER MAC'KIE: The county's living by the letter
of the law exactly as it requires its citizens, too. Exactly the
same.
MS. ARNOLD: Right.
COMMISSIONER BERRY: You know, and of course, you
know, and this -- when did this -- did the petitioner -- when did
they move in where they are?
MS. ARNOLD: '97.
COMMISSIONER BERRY: '97.
MS. ARNOLD: Yeah.
COMMISSIONER BERRY: Okay, so that was several years
after this was --
MS. ARNOLD: Yes.
COMMISSIONER BERRY: -- put in place.
Okay. But wasn't there something else in this case, too, in
regard to -- had they been okayed to keep this?
MS. ARNOLD: Well, the -- what came out of the case is that
-- was a question of whether or not the sign-off on the CO okayed
them to keep it. They were aware that it was an exotic and it
had to be removed. They wanted to keep it on their property.
COMMISSIONER MAC'KIE: Wouldn't the process, though, be
appropriate Code Enforcement Board will consider whatever
Page 19
May 2, 2000
mitigating factors there are and they'll make a decision. We
probably ought to stay out of it and let it go through the normal
process, would be my thought.
CHAIRMAN CONSTANTINE: So the direction of the board
appears to be no change, no proposed change to the ordinance
and let the law take its course.
COMMISSIONER NORRIS: Do we have a second for that?
CHAIRMAN CONSTANTINE: Do we need a motion for that?
COMMISSIONER MAC'KIE: Probably not.
COMMISSIONER NORRIS: She already made one.
COMMISSIONER MAC'KIE: I'll withdraw my motion.
COMMISSIONER BERRY: If we can do it. I mean, we're
going to --
CHAIRMAN CONSTANTINE: She's withdrawing the motion.
COMMISSIONER MAC'KIE: I'll withdraw it.
MS. ARNOLD: Thank you.
Item #8A2
RESOLUTION 2000-127, EXTENDING THE LAKE TRAFFORD
RESTORATION AD HOC TASK FORCE THROUGH MAY 7, 2001
AND RE-APPOINTING/APPOINTING MEMBERS AS INDICATED IN
THE EXECUTIVE SUMMARY - ADOPTED WITH THE STIPULATION
THAT COMMISSIONER BERRY BE REPLACED WITH THE NEXT
DISTRICT 5 COMMISSIONER
CHAIRMAN CONSTANTINE: Next item is 8(A)(2), formally
16(A)(3), resolution to extend the Lake Trafford Restoration Ad
Hoc Task Force. Commissioner Berry?
COMMISSIONER BERRY: Yes. My name is on that. And that
task force is being extended until next year, 2001. I'm not going
to be on the board, and I would ask then that my name be
removed from that task force.
COMMISSIONER MAC'KIE: Could we substitute from that
and just put whoever is sitting in your seat?
CHAIRMAN CONSTANTINE: The District 5 Commissioner.
COMMISSIONER BERRY: Doesn't make any difference to
me. Do whatever you want to do.
COMMISSIONER MAC'KIE: Well, I'd like to --
CHAIRMAN CONSTANTINE: Because you don't care.
Page 20
May 2, 2000
COMMISSIONER BERRY: I'm one of those uncaring
commissioners.
COMMISSIONER MAC'KIE: I'd like to move --
COMMISSIONER BERRY: I don't care.
COMMISSIONER MAC'KIE: I move approval of the item with
the substitution District 5 commissioner in place of
Commissioner Berry's name.
COMMISSIONER BERRY: I think that's the appropriate thing
to do --
CHAIRMAN CONSTANTINE: Is there a second?
COMMISSIONER BERRY: -- would be to go ahead.
COMMISSIONER NORRIS: Second.
CHAIRMAN CONSTANTINE:
MR. OLLIFF: No, sir.
CHAIRMAN CONSTANTINE:
please state aye.
(Unanimous votes of ayes.)
CHAIRMAN CONSTANTINE:
(No response.)
CHAIRMAN CONSTANTINE:
Speakers?
All those in favor of the motion,
Anybody opposed?
Motion carries 4-0.
Item #8B1
SALE/TRANSFER OF THE MARCO ISLAND SEWER FACILITIES,
SERVICE AREA RIGHTS, AND CUSTOMER BASE - STAFF
RECOMMENDATION APPROVED TO TRANSFER FACILITIES TO
MARCO ISLAND
COMMISSIONER MAC'KIE: Hi, Commissioner Carter.
COMMISSIONER CARTER: Good morning.
CHAIRMAN CONSTANTINE: Hi, Jim. How are you?
COMMISSIONER CARTER: I'm doing terrific.
CHAIRMAN CONSTANTINE: Glad to hear it.
COMMISSIONER CARTER: Okay, where are we on the
agenda?
CHAIRMAN CONSTANTINE: Item 8(B)(1).
COMMISSIONER CARTER: Java plums.
CHAIRMAN CONSTANTINE: Actually, 8(B)(1). That would be
Item 8(A)(1).
COMMISSIONER CARTER: Oh, okay.
Page 21
May 2, 2000
CHAIRMAN CONSTANTINE: Which is obtain board direction
on the sale or transfer of the Marco Island sewer facilities. Boy,
you've come in just in time.
COMMISSIONER CARTER: Okay, well, I'm here.
COMMISSIONER MAC'KIE: Isn't this just a furthering of
direction we've already given to staff a long time ago, and now
we're just going to have them implement what we've asked them
already to do?
CHAIRMAN CONSTANTINE: Let's find out.
MR. FINN: Thank you, Mr. Chairman. For the record, Edward
Finn interim public works administrator.
Yes, ma'am. On December 14th, the board indicated the
general willingness to transfer this sewer district to the City of
Marco Island at no cost, subject to some further discussion of
other purchase offers.
In your item, there is a discussion of those other items --
other purchase offers. The most significant one comes from
Florida Water Service Corp. They've offered a purchase price of
between 3 and $500 per unit to acquire this from the county.
That would be a price of somewhere between 3 and $500,000, a
sales price.
Other than that, the item contains the conditions under
which staff has -- will negotiate a contract with the city to move
forward. The city has asked for one minor change to the
conditions outlined here, and that deals with the concept of a
reversion clause. They've asked simply to have that modified a
little bit to indicate that the city will not be unreasonably
enriched by the potential sale of this asset if they were to elect
to sell it within the next, say, five to 10 years, that kind of thing.
CHAIRMAN CONSTANTINE: Commissioner Carter is right,
this is not a new item for us. Let's go right to the public
speakers and then if we have any questions, we can address
them after that.
MR. OLLIFF: Your first speaker is Patrick Neale. Following
Mr. Neale will be Tracy Smith.
CHAIRMAN CONSTANTINE: And if we could ask the second
speaker just to come up and kind of stand behind in the on-deck
circle.
Good morning.
MR. NEALE: Good morning, commissioners. Patrick Neale
Page 22
May 2, 2000
for Florida Water Services, for the record.
This -- while it appears to be just a continuation, as
Commissioner Mac'Kie had said, of a former item, the difference
between when it came up before and its current status is that as
opposed to you paying the City of Marco Island $300,000 to take
this system, which is the way the agenda item actually reads,
this county has the opportunity to receive between 3 and
$500,000 for this same system. So there's actually a swing of
potentially $800,000 in compensation to the county versus -- by
selling it to Florida Water as opposed to paying City of Marco
Island for taking this utility.
So there's first a clear financial choice on the county's part
as to whether you pay someone to take an asset or whether you
receive compensation for that asset.
Secondly, the second issue and the second choice that I see
the commission has to make here, is the county currently acts
really as a middleman between the customers who receive the
service and Florida Water Services, who provides the actual
sewage treatment service. All the county system is, all the
Marco Island Water and Sewer District is, is a collection system.
No more, no less.
What you're doing -- what the commission would do by
transferring this to the city is to perpetuate this middleman
status; perpetuate leaving someone in between the customers
and the service provider. Right now the customers get two bills.
If it were transferred, the City of Marco Island customers would
continue to get two bills.
So therefore, they have two different people to go to for
service, two different people to go to for technical problems, two
different people to go to for billing problems. By transferring it to
Florida Water Services, that gets integrated into one service
provider.
Further, the rates that are charged by Florida Water would
be not higher than the current rates the customers are receiving,
and potentially they could be lower. So there's several elements
to this.
So for those reasons, and what I believe are fairly clear
choices on behalf of the commission, for the benefit of the cities
-- the citizens of Collier County, I would suggest that the better
transfer is to Florida Water Services as opposed to the City of
Page 23
May 2, 2000
Marco Island.
CHAIRMAN CONSTANTINE: Thank you.
MR. OLLIFF: Next speaker is Tracy Smith, followed by your
last speaker, that would be the city manager of Marco, Bill Moss.
MR. SMITH: Good morning, Commissioners.
CHAIRMAN CONSTANTINE: Good morning.
MR. SMITH: This is why you don't have your attorney speak
before you. He just said everything that I had on my list.
COMMISSIONER MAC'KIE: You're paying him, you might as
well get something.
MR. SMITH: I would like to point out, though, as Patrick
Neale has stated, that we do presently provide all the treatment
of all the water and all the wastewater on Marco Island.
There are three -- essentially three different sewer
collection systems, all of which feed into our system. Those
customers, including Collier County, pays the same fees as
residential customers for us taking that service. And then you
have an add-on to that to cover the administration cost.
Obviously in our situation, we have all the infrastructure
right there on the island. We're already dealing with those
customers because we're providing them water and we're
providing any service they need on water. So there's no
additional cost to us to take on that service as far as meeting
customer needs.
Again, by giving it to the city, you're perpetuating this
middleman situation, where all they're doing is holding the
collection system, which feeds into our system.
So again, I would also urge that you look to initiate
discussions with Florida Water Service to purchase that system.
CHAIRMAN CONSTANTINE: Thank you.
MR. SMITH: Thank you.
CHAIRMAN CONSTANTINE: And Bill Moss. Good morning.
MR. MOSS: Mr. Chairman, commission, for the record, my
name is Bill Moss. I'm representing the Marco Island City
Council. I'm the city manager of Marco Island.
Our City Council thanks you for considering this government
transfer. They are in unanimous agreement with this transfer,
subject to a final review of the contractual language that we'll
develop with your staff.
Let me say that were the system to be sold to a private
Page 24
May 2, 2000
utility, we believe that the same customers that have already
paid for the system will end up paying for the system again,
because any private utility, as we understand it, must pass on its
cost to its customer base in one way or another.
We see the potential in the future that perhaps we will have
to sewer the remainder of the island. About half the island is
un-sewered. We think that the transfer of this district will give
us the flexibility to meet the environmental and water quality
concerns that may face the island in the future. We thank you
very much for your consideration.
CHAIRMAN CONSTANTINE: Thank you.
Questions for staff?
COMMISSIONER NORRIS: This 314,000 that will be
transferred to the City of Marco, that's operating money that
we've collected and that would --
MR. FINN: Yes, sir. That represents essentially a
two-month operating reserve to allow them enough money to
fund operations, while revenue is collected. That's typical. It's a
reserve that we carry currently.
The balance of that reserve is $200,000 for capital renewal
and replacement. That is a budgeted item that we're currently
carrying that budget. That amount will be reduced by money we
expend over the balance of this year for improvements on the
Island. But we feel that that's an appropriate level of cash for us
to do that.
COMMISSIONER MAC'KIE: It's money that -- I'm sorry,
Commissioner. It's money that would be expended in the
operation of this system, whether we operate it or they operate
it.
MR. FINN: The capital would be expended sooner or later.
The cash reserve or the operating reserve would be a normal
level of reserve one would need to run this operation.
COMMISSIONER MAC'KIE: Okay.
MR. FINN: We're attempting to transfer it as a going
concern, if you will.
MR. OLLIFF: And keep in mind that the monies that we're
talking about were monies that were paid by the ratepayers
within that system.
COMMISSIONER MAC'KIE: By those people who are served
by this system. So it's their money, essentially, we're holding for
Page 25
May 2, 2000
operation of this system.
CHAIRMAN CONSTANTINE: Commissioner Berry?
COMMISSIONER BERRY: Why would you not consider selling
this?
COMMISSIONER MAC'KIE: I guess my recollection --
COMMISSIONER BERRY: I just want it verbalized. I mean,
because we're going to be criticized, I'm sure, because we're
giving away -- nobody is going to understand this totally, and
we're going to be criticized for giving away the system plus cash,
okay?
COMMISSIONER MAC'KIE: Can I tell you what I recall, and,
you know, we can only discuss these things in this public forum,
so here we go.
COMMISSIONER BERRY: No.
COMMISSIONER MAC'KIE: But my -- yeah. My recollection
is that this was part of the deal that we made with Marco when
we transferred everything that we transferred. You know, we
went through so much trouble in our negotiations as they
became a city with regard to the sheriff, with regard to a zillion
other things. But this was part of the package that was agreed
on by us already in our settlement with them of how we would
transition them out of county into city. If I recall that incorrectly,
somebody please correct me, because --
COMMISSIONER NORRIS: Let me raise a couple other
points. Number one, the City of Marco has shown a unanimous --
the council, anyway, has shown a unanimous interest in
acquiring this system. And when they have a unanimous
interest, it's unusual enough where maybe we should take a look
at it.
The other thing is, if we did sell this to Florida Water
Services, the money that we would collect would really be not --
would it not be owed to these ratepayers in the first place? I
mean, we're only talking about -- you have to understand how
utilities are structured. Just this little section of ratepayers are
the only people that are involved in this. So if we take money to
sell their system that they bought and paid for and do something
else with it, is that proper? I don't think it is.
It seems to me that we've already collected and really paid
for that because the ratepayers paid us for it. They bought it
themselves.
Page 26
May 2, 2000
So I'll make a motion that we -- let me see what staff's
recommendation is -- that we go ahead and transfer it to the City
of Marco.
COMMISSIONER BERRY: I'll second it.
CHAIRMAN CONSTANTINE: Commissioner Carter, any
thoughts, comments, worries, questions?
COMMISSIONER CARTER: Thank you, Mr. Chairman. No,
I've listened to the discussion and I agree with Commissioner
Mac'Kie, it's my recollection that this is a total package we
worked out with Marco. And as Commissioner Norris said, if they
want it, I think it becomes Marco Island's business, if they in turn
want to sell it to a private interest group.
CHAIRMAN CONSTANTINE: Fair enough. I think it's
consistent with what we've been doing with other facilities as
well, with our parks and so on. And I certainly understand the
interest on the part of utility, but I think we need to maintain our
commitment to the city and be consistent with what we've done
in the city in the past.
MR. SMITH: Can I make just a couple of comments?
CHAIRMAN CONSTANTINE: Unfortunately, no. You get your
five-minute window and that's it.
We do have a motion. We have a second.
discussion?
(No response.)
CHAIRMAN CONSTANTINE:
of the motion, please state aye.
(Unanimous votes of ayes.)
CHAIRMAN CONSTANTINE:
(No response.)
CHAIRMAN CONSTANTINE:
Any further
Seeing none, all those in favor
Anybody opposed?
Motion carries 5-0.
Item #8B2
REPORT TO THE BOARD ON THE SOLID WASTE ELEMENT OF
THE COLLIER COUNTY GROWTH MANAGEMENT PLAN - STAFF
DIRECTED TO PREPARE BID PROPOSAL FOR COMMERCIAL
SOLID WASTE COLLECTION CONTRACTS FOR REVIEW BY
COMMISSIONERS
Thank you. Takes us to Item 8(B)(2), a report to the board
Page 27
May 2, 2000
on the solid waste element of the Collier County Growth
Management Plan.
MR. FINN: Thank you, Mr. Chairman. Edward Finn, interim
public works administrator.
This is just a brief update on the solid waste element of the
County's Growth Management Plan.
The executive summary provides current objectives and
policies, along with minor proposed changes and additions to
language, as well as status reports on a couple of major areas.
I'd just like to briefly touch on those major areas.
The first major area deals with solid waste collections. The
main collection contract with Waste Management expires on
September t of 2001. The board has the option of extending the
contract for two additional years or the board may elect to bid or
renegotiate the contract. If the board intends to bid or
renegotiate, we need to provide notice to the contractor by
January, 2001 with a late date of May, 2001.
CHAIRMAN CONSTANTINE: Can I make the suggestion that
we set the direction now that we're going to put that out to bid
or for proposal? Because never in the history of Collier County
has it gone out for bid or proposal. Waste Management may very
well be the best we can do, but the only way we're going to know
that is to put it out to bid. It just really grinds on me that we
never have.
COMMISSIONER MAC'KIE: I'll tell you the interest I have in
that. As it has come up in the past, it's been it's not broken, why
try to fix it.
If we put this out to bid, Mr. Olliff -- Tom, if this were to go
out to bid, would the issue of the appropriate daily cover be a
part of the bid --
MR. OLLIFF: Not right now --
COMMISSIONER MAC'KIE: -- landfill operations? Totally
separate thing?
MR. OLLIFF: Completely separate contract. Right now
we're talking about the collections contract portion of that only.
COMMISSIONER BERRY: It's different than the landfill.
COMMISSIONER MAC'KIE: Collections, I don't have a
problem with how it's running.
Hi, Mr. Bigelow, landfill operations. I've got some problems.
MR. BIGELOW: I've got some answers.
Page 28
May 2, 2000
COMMISSIONER MAC'KIE: Well, glad to hear it. But I don't --
I'm certainly willing to look at whether or not this should be bid,
but I also -- every time we've talked about it, we say why spend
$100,000 to find out there's nobody else to do the work and it's
not broken.
COMMISSIONER NORRIS: Well, the other thing is that in our
annual survey, the item that's always at the top of the list in
consumer satisfaction is trash pickup.
CHAIRMAN CONSTANTINE: Well, there's a couple of things.
One, it doesn't cost $100,000 to put something out to bid, but
two, it--
COMMISSIONER MAC'KIE: Just ask --
CHAIRMAN CONSTANTINE: -- it -- we reserve the right at the
county to reject all bids. So if we don't like what we get back,
we have the opportunity to say gee, you know, we like it better
the way it is.
But again, we have never ever, since 1923 when we became
a county, put it out for bid, and that just isn't right. If you're a
public entity, you need to see is there anybody else out there.
And they may very well be the best, but there's only one way to
find that out, and that's put it out for bid.
COMMISSIONER MAC'KIE: It doesn't feel right to me not to
do it. I have to agree with you on the gut feeling there.
COMMISSIONER BERRY: Well, I think it sends a message to
the public too, because perhaps you all don't get phone calls, but
I know that Terri's out there, and I know she's had to listen to me
several times and talk to some of the people in my district. And
we've had problems from time to time.
But I will be the first to tell you that they have addressed
the problems. Every time it's been brought to their attention, the
problems have been addressed. So it's not a case where, you
know, things have been brought up and they've ignored them and
brushed them under the carpet and said go away, Ms. Berry, and
you know, forget about it. They have not done that.
But I think for the sake of the residents, because one of the
criticisms is, well, you know, what else is out there? Well,
there's only one way to find out, and let the public know that, is
to probably do the bid. And I hate to waste the money, because I
frankly think -- I think we can figure out what's going to be the
ultimate answer. But at the same time, I think it gives the public
Page 29
May 2, 2000
perhaps that little feeling of well, you know, we've looked at
everything. And then once they see it on paper and see it for
themselves, then I think perhaps they have a little better feeling
about the service that they are receiving.
CHAIRMAN CONSTANTINE: Do we have speakers on the
item?
MR. OLLIFF: No, sir.
COMMISSIONER MAC'KIE: A question for the manager.
What does it cost? I'm being persuaded, too, this is the right
thing to do, but I'd like to know how much money we're -- we're
directing you to spend to put out a bid, a request for bid.
MR. OLLIFF: It's -- always collection bid is a complicated
bid, I'll tell you that. You know, a simple bid is probably a 5 to
$10,000 item. But this is probably going to be somewhere in the
25 to $30,000 range for staff time and --
COMMISSIONER MAC'KIE: I think we have to spend it.
COMMISSIONER BERRY: I suppose. I really-- I'll be honest,
I hate spending that kind of money, I really do, on this particular
item. But I don't know what else you can do.
CHAIRMAN CONSTANTINE: The other thing is if this is a
multi-year bid, it's probably for a pretty large piece of change
over those years.
COMMISSIONER MAC'KIE: Oh, yeah.
CHAIRMAN CONSTANTINE: And I bet if we have a
competitive bid, it might knock it down by $25,000, at least.
So I understand and I think all of us hate to spend any
money on anything up here, but --
COMMISSIONER CARTER: Mr. Chairman, what is the value
of the contract?
CHAIRMAN CONSTANTINE: Depends on how long we do it
for. I think this one was for eight years, and we ultimately
extended it for a couple extra years but --
MR. FINN: Mr. Chairman, if I may? At this point the board
has the option to extend this contract for an additional two years
under the existing contract. Over a five-year period, we estimate
the value of this to be approximately 35 million dollars.
CHAIRMAN CONSTANTINE: 35 million dollars. So in the big
picture, $25,000 expenditure --
COMMISSIONER BERRY: Is not a lot.
COMMISSIONER CARTER: I support putting it out for bid, Mr.
Page 30
May 2, 2000
Chairman.
COMMISSIONER MAC'KIE: One other question, if I may?
Landfill operations are not a part of this. What about recycling?
MR. OLLIFF: Recycling is.
COMMISSIONER MAC'KIE: Because I would like to see us
increase the recycling -- or I hope that the board would at least
agree that in the bid we have an add alternate or somehow try to
find out what it would cost to increase recycling the materials
that we actually recycle in this county, because there's a lot of
stuff I put in the landfill that I hate to do that every week, but
there's not a reasonable alternative.
MR. FINN: If I may, there's another small piece to the
collections issue, and that has to do with the concept of service
areas. There's essentially two service areas currently in the
county: One is in Immokalee, the other service area is the
balance of unincorporated Collier County.
A concept that staff has been working on over several years
is the concept of splitting that larger service area into two so
that we end up with three service areas total. That has the
benefit of potentially increasing competition, potentially
increasing efficiency and potentially increasing quality.
The downside, of course, to rebidding it anyway is potential
disruption of service as we transfer from one vendor to another.
COMMISSIONER MAC'KIE: Should that be.
MR. FINN: That is a serious potential.
MR. OLLIFF: And there are also some issues, because we
are putting that on your annual tax bill in terms of -- I have some
questions I want to work with the tax collector in terms of just
what impact that would have on his actual processing of the tax
bill as well.
COMMISSIONER NORRIS: And once again, the trash
collection is highest on the customer satisfaction list. I don't
think I'm going to be supportive of splitting the district into two
service areas at this point.
CHAIRMAN CONSTANTINE: Maybe we can do this: The -- it
sounds like we have a majority who approve of bidding, so you
can move forward and put together whatever paperwork you
need to to notify, you said, before January, I think, you need to
notify. So feel free to do that as early as you want so they've
been notified, and then maybe we can bring the item back
Page 31
May 2, 2000
sometime now or when the new commission is on or whatever
appropriate for what that bid will be. But we don't need to
discuss the specifics of that today.
MR. FINN: The second major item is -- deals with solid
waste disposal. The status report identifies the current level of
service as 1.24 tons per capita. At that level of service, we're
going to need to have some additional line cell capacity
constructed by 2002. The level of service there is to have two
years' capacity reserved at all times. So by 2002 we need to
have an additional two years constructed and in place. Staff
also --
COMMISSIONER MAC'KIE: Before you go past that point?
MR. FINN: Yes, ma'am.
COMMISSIONER MAC'KIE: Obviously we've given direction
to staff to be negotiatively counting on the possibility of
incineration and burying ash here, but because we're coming up
against that two-year deadline, can we assume that staff's also
investigating every other possibility, we're going to be getting
back a broad spectrum of options, or what's happening in
response to that deadline from a staff perspective?
MR. FINN: If I may, ma'am? At this point, we're moving
forward with a fairly thorough preliminary evaluation of the Lee
County waste to energy facility alternative. There will be some --
essentially a rehash of the previous discussions of the other
viable alternatives, but there is no major new work being done on
those other alternatives.
COMMISSIONER MAC'KIE: But they'll all be presented to us,
in other words. We're not going to just be offered expand the
current landfill or burn your trash in Lee County; the full
spectrum will be available for us to consider.
MR. OLLIFF: Define the full spectrum for me. Because
there's any number of solid waste disposal options out there.
And frankly, no, we're not chasing a lot of things other than,
honestly, resource recovery opportunities with Lee County.
Whatever opportunities we have here on-site, we can look at
resource recovery options here locally, if that's something the
board is interested in.
And the only other technology, frankly, that we've been
looking at is something in the way of a pelletizing type plant that
was discussed as much as a year ago. But frankly, we're not
Page 32
May 2, 2000
putting a lot of effort into that as well, just simply because we've
not gotten a lot of encouraging news back on that either.
MR. FINN: If I may, at this point with the relatively tight
time frames to report back to the board in August, we are
focusing all our efforts at exploring that in terms of new work on
the Lee County alternative. We're going to provide for the board
discussions of other alternatives the board has looked at over
the years for comparison purposes primarily.
Our approach is, upon receiving direction in August, if the
board wants us to fully flush out the other alternatives, we would
then move forward and do that for the board.
CHAIRMAN CONSTANTINE: If there is a specific alternative
a commissioner likes and wants to, then we probably ought to
bring that up here and move than on. But to suggest a full
spectrum, we've looked at a zillion technologies, not once but
twice in great detail here since I've been on the board. We
probably don't need to go back through all the same ones again.
COMMISSIONER MAC'KIE: Mr. Chairman, the specific
alternative that I'm interested in exploring is eliminating the odor
at the current site so that it can be used, if the ash proposal
becomes too expensive or if Lee County doesn't make a deal
with us.
But, you know, other landfills don't smell. I mean, to be
blunt about it, I'm tired of being lied to about it. Somebody isn't
doing what they said they were going to do. Because is it go
back to daily fill should be dirt? Is it as simple as that? What is
it? Because other landfills don't smell, ours does. I'm
determined that that's not going to not fall off the list of
reasonable alternatives.
MR. OLLIFF: And if the option that you're looking for that
would be included would be maximizing the current landfill site --
COMMISSIONER MAC'KIE: Only if the smell problem can be
controlled. And I know you've been telling me, or somebody, not
you, has been telling me for five and a half years that it can be,
but it ain't. And we're spending a fortune and it ain't. But it
didn't used to smell. Is that because we were using dirt for daily
cover? That's the latest thing I'm hearing from people.
MR. FINN: If I may, the contractor is using dirt for daily
cover. The contractor is sorting out the gypsum --
COMMISSIONER MAC'KIE: I know that.
Page 33
May 2, 2000
MR. FINN: -- which was identified as a source of the
hydrogen sulfide. The contractor has largely completed covering
the cells. He is making additional improvements to the gas
collection system, which should substantially reduce the
hydrogen sulfide issue.
We have monitoring points in place, we have a hotline in
place. The monitoring points show a substantial decrease in
hydrogen sulfide already. By August, when we report back to
you, there should be adequate results in place to identify
whether the odor issue has or has not been resolved, whether it
can be controlled, and we should be in a position to report some
of that information back to you.
CHAIRMAN CONSTANTINE: I appreciate all the efforts that
have been done here. But I'll tell you, whether the H2S is down
or not, it still smells.
COMMISSIONER MAC'KIE: Right.
CHAIRMAN CONSTANTINE: And whether we have a hotline
or not, people call and they are told from a telephone
somewhere, wherever our person answering the hotline happens
to be, any variety of reasons that are very farfetched, including
must be a skunk outside your house, that it's not the landfill.
And this is the same story the East Naples and Golden Gate and
Golden Gate Estates communities have heard for 10 years, or the
better part of six years, anyway.
And so excuse my cynicism in not being real confident that
we're going to get to that point. Because George Varnadoe
stood at that podium when they wanted the contract and said,
we'll have that odor gone within six months, guaranteed.
COMMISSIONER MAC'KIE: Six years later.
CHAIRMAN CONSTANTINE: I'm not sure what guaranteed
means to him but we don't -- it wasn't fixed in six months or a
year or two years or six years. And we've had the gypsum board,
we've had the water plant, we've had any number of different
things and it's never fixed. So the way you're going to fix that
odor is not continue landfilling at that site.
COMMISSIONER MAC'KIE: Except for the fact -- and Tim, I
want to tell you that my frustration level is over I have been led
down the primrose path that we can make this landfill not smell.
And it's under that condition that I think we ought to use this
site to the maximum capacity we have. But I don't think we
Page 34
May 2, 2000
ought to continue to impose that odor on people.
And I refuse to believe that there isn't a way to solve it. I
mean, I don't know if there's a grand conspiracy, I don't want to
get silly here, but other communities have operating landfills that
don't smell. How? Somebody tell me that. Keep that on the list
is what I'm saying.
CHAIRMAN CONSTANTINE: Is there any chance of having
that report the last meeting in June? I know we'd shot for
August, but just because August is the middle meeting, it's
usually very heavy, and I don't want this to get pooh-poohed in
any way and slid away. I'd like to make sure it gets the
appropriate attention. And that August meeting will likely be an
eight or 10-hour meeting anyway.
MR. OLLIFF: We were heading down to hire a consultant, I
believe, because you've got to keep in mind that your solid waste
staff is very limited at the moment to provide some assistance in
that reporting. We can get back with the consultant and find out
whether or not that time frame is feasible.
If it's important to the board to have it at the end of June,
certainly we can do that. It's just a question about the quality of
information that will be here. I mean, we can certainly sit down
with the Lee County staff between now and then and develop
some preliminary numbers and some information for you to look
at.
CHAIRMAN CONSTANTINE: I don't want to compromise the
quality information. And if you're worried about that, I don't want
to speed it up. If we can still get quality information, then I think
only because that might allow, if the board wants to set some
specific directions, six weeks in which you can be achieving that
before August. If we can't get the same information, don't rush
it. We don't want to do that.
MR. OLLIFF: We'll look and do the best we can and let you
know which of those meetings we'll shoot for.
COMMISSIONER MAC'KIE: Tom, do you have adequate staff
to determine why we haven't been able to solve the smell
problem?
MR. OLLIFF: Frankly, no. Right now--
COMMISSIONER MAC'KIE: Then what do we need to do?
MR. OLLIFF: Right now there are two people working in the
solid waste department administratively.
Page 35
May 2, 2000
What we have done is frankly, just so you know, just
organizationally, I pulled George Yilmaz over from pollution
control. He is now going to be helping with both the Lee County
negotiations, and if you'll recall the board's last direction was
also to look at some fan technology, which I'm yet to be
convinced about. But it was board directed, so we had taken
some bids. Those bids came in much higher than we had
anticipated.
So I'm having George from a technical standpoint re-look
that process, and I may even send him out to a landfill where
those fans are in place. Because I just -- I need somebody on our
staff who can give me a bird's eye account, if you will, of where
those -- where that technology is, does it work, does it not work.
COMMISSIONER MAC'KIE: Well, please don't spend -- I know
I voted in support of those fans. If you find that you don't think
it's going to work, I want to hear that from you before you spend
the money.
And secondly, please tell us what we need to do to give you
adequate staff to go to a landfill that doesn't smell and find out
why.
CHAIRMAN CONSTANTINE: Obviously, if our staff can assist
in that, we should, because it's our role serving the public.
However, that is the job of the operator. And if they're not doing
their job, then they're in breach of their contract.
COMMISSIONER MAC'KIE: And I'm back -- I'm ready to go
there.
CHAIRMAN CONSTANTINE: They haven't done it for six
years, even though they've promised they would.
MR. OLLIFF: And I will say, I think in fairness, we do need to
give them some time to get those improvements that they are
currently constructing in the ground and then give us a chance to
see whether or not that has made a significant difference or not.
I will tell you, I agree with you, too, that the -- even though
the charts continue to say that the sulfide issues are
significantly lower, I will also agree with you from a common just
person standpoint, when you drive down 951, the smell is still
there. So we do have an issue --
COMMISSIONER MAC'KIE: Just don't lie to us anymore. Fix
it.
CHAIRMAN CONSTANTINE: And final word. I'm just a little
Page 36
May 2, 2000
frustrated when we say we've got to give them time, because the
deadline has changed several times. It was going to be done in
November and then in January, and now it will be done this
summer. And, you know, they have been given ample time.
They've not in conformance.
COMMISSIONER BERRY: When was the original deadline,
Mr. Chairman?
CHAIRMAN CONSTANTINE: I think it was November.
COMMISSIONER BERRY: Was it last November?
COMMISSIONER MAC'KIE: It was November. Then it was
February, is the way I recall. And now it's August.
You know, I'm tired of it. If we need to call a default, Tom,
call a default. Whatever we need to do, I want it done. I mean,
I'm sure -- I say that for me, but I bet you'll get a unanimous on
the board for that.
COMMISSIONER BERRY: Would it be appropriate to just
hear on that particular item what the current status is? We have
the individual here who runs the landfill, or manages the landfill.
Would it be appropriate to hear the current status of the project
out there in terms of trying to eliminate the odor, where we're at
on it? Just so we know and the public knows? CHAIRMAN CONSTANTINE: Sure.
COMMISSIONER BERRY: I don't know, Steve, if you came
prepared to talk about this this morning, but unfortunately you're
here, so we need to hear.
COMMISSIONER MAC'KIE: Can I ask you a question before
you start?
CHAIRMAN CONSTANTINE: How about --
COMMISSIONER MAC'KIE: Just a quick one.
CHAIRMAN CONSTANTINE: Go ahead.
COMMISSIONER MAC'KIE: Do you operate -- does Waste
Management operate an active landfill that doesn't smell?
MR. BIGELOW: Yes, ma'am. We operate -- for the record,
Steve Bigelow, Waste Management.
We operate probably over 600 landfills throughout the
United States.
COMMISSIONER MAC'KIE: That don't smell?
MR. BIGELOW: Commissioner Mac'Kie, we have to go back
in history. We have to go back to last year, April the 20th. And I
understand your frustrations.
Page 37
May 2, 2000
COMMISSIONER MAC'KIE: I am.
MR. BIGELOW: You recall about a month ago I asked you to
come out to the landfill so we could explain all this, and I really
think that would be appropriate.
But if we go back to April 20th of last year -- and I might add
that Commissioner Norris and Commissioner Berry have visited
the landfill, and I think they understand the situation that we're
currently going through.
To go back to last year, Waste Management neither
designed or constructed the landfill nor operated it till 1995. You
have a problem that's 54 acres and 100 feet tall. It's hydrogen
sulfide, full of hydrogen sulfide gas.
All of the alternatives that you're currently considering,
including going to Lee County for incineration, will not solve your
odor problem. No alternative that you're presently considering or
have considered will solve your odor problem. The only thing
that will solve your odor problem is what we're currently doing.
We're encapsulating the waste, we're dewatering the waste. We
have to capture this gas and we have to flare it, Commissioner
Mac'Kie.
Now, I know that's an oversimplification, but we've run into
some problems, and we're resolving those problems. We're doing
some additional construction today that we did not anticipate a
year ago. We have more gas than we anticipated a year ago.
I will assure you that everything that's possible for our
company to do is being done. I think we're going to complete it
within about two months. And I know that that target deadline
keeps moving, but the only thing that's going to solve this
problem that was created about 1990, because we started using
alternative daily cover -- and I would remind the Chairman that
this is not the flavor of the month. This is serious. We're talking
a $5 million solution here.
Regardless, if you decide to do something other than stay at
the landfill, Mr. Chairman, you have to solve the problem.
Because if we don't solve the problem, the hydrogen sulfide gas
will be in the atmosphere for the next 40 to 45 years. It's not a
question if or when. We must. We must solve this problem.
Now stay with us just for a little while longer, let us have
your patience, and we will solve the problem. And then you can
decide what's in the best interest of the community.
Page 38
May 2, 2000
CHAIRMAN CONSTANTINE: Steve, there's nobody that
would like to solve this problem any more than me but -- MR. BIGELOW: Yes, sir.
CHAIRMAN CONSTANTINE: -- the suggestion that wow, now
we're taking it serious, well, some of the suggestions for gypsum
board and other things have been, I thought, were -- I didn't
believe them then either, but were they not serious? I mean --
MR. BIGELOW: Mr. Chairman--
CHAIRMAN CONSTANTINE: -- we've had about five different
alleged fixes along the way. So when you say this is serious, I'm
glad to hear that --
MR. BIGELOW: Mr. Chairman, we--
CHAIRMAN CONSTANTINE: -- but I wish we would have
been serious five or six years ago when we were promised it was
going to be fixed.
MR. BIGELOW: Mr. Chairman, there are facts that have
presented themselves in the last year that could not have been
known by either the county or Waste Management at the time of
the negotiation of this contract. We all know your position, Mr.
Chairman, on the landfill. What we're trying to do is solve this
problem.
Whether or not you keep the landfill open or closed beyond
the year 2003, the problem has to be solved. And it will be
solved as long as Waste Management is on site. We will
continue to work and solve this problem, I assure you.
CHAIRMAN CONSTANTINE: It will be solved as long as
Waste Management is on site. I've heard that since six months
before you got the contract and it hasn't been solved yet.
Commissioner Berry had a specific question. Where are we
on the calendar? What's our update? You said two months?
MR. BIGELOW: Commissioner, we have completely covered
the landfill, the 54 acres, Phase I and II of Cell 6. No more water
is getting into the landfill. We are trying desperately to dewater
that landfill. It is like a sponge. You've heard that before. I
think Mr. Ilschner stood before you and explained to you that we
have created a 54-acre sponge 100 feet tall that is retaining
water. We are ordering more pumps at this time. We're also
going to have to increase the capacity of the pumping station
that was designed and built by the county in 1996 because it will
not be adequate to dewater the pumping station.
Page 39
May 2, 2000
Once we get those pumps in place, we have to get
three-phase power in. I learned yesterday that the county has
placed three-phase power on hold. So I'm submitting a separate
application to have that three-phase power brought to the site so
we can put in larger pumps.
COMMISSIONER MAC'KIE: What is that? We put what on
hold, Tom?
MR. BIGELOW: Three-phase power.
MR. OLLIFF: Three-phase power was part of the bid for the
fans. When the bids came in, frankly, they were at least 100 and
probably 200 percent over what the original estimate was. And
so that's what's been put on hold. I did not realize that that
three-phase power was also being used for some additional pump
equipment for the landfill.
COMMISSIONER MAC'KIE: Okay, we could communicate
better.
MR. FINN: We will work with the contractor on that, put that
back on the fast track.
MR. BIGELOW: Well, I'm going to submit a separate
application, because even that three-phase power that you're
bringing, Mr. Finn, will not operate a blower, a larger blower for
the flare that we're going to order. I've brought in an additional
blower to increase the vacuum on the gas system so that we can
pull more gas.
The gas swales are still experiencing a watered out
situation. We're still continuing to try to pull this and we are
pulling it down, but it's not going down at the rate that we want
to see it dewatered.
So as I mentioned, we're going to put more pumps in. In
order to handle more flow, we've got to put in larger pumps at
the pump station that the county installed in 1996 under our
contract. If you can follow me there. COMMISSIONER MAC'KIE: Yes.
MR. BIGELOW: You see? So we've got to get the water out
of the hill, Commissioner Mac'Kie.
COMMISSIONER MAC'KIE: Uh-huh.
MR. BIGELOW: Once we get the water out of the hill, we can
collect more gas. As long as we're unable to collect the gas that
we need to collect that's under the liner, we will experience
whaling, if you understand that. The liner is beginning to balloon
Page 40
May 2, 2000
up. Okay? The liner works. We know it works, Commissioner
Mac'Kie.
And if you can come out and visit with me at the landfill, I'll
be able to show you this firsthand, and I think you'll have a better
understanding.
COMMISSIONER MAC'KIE: I guess just to tell you, I'm
willing to come out there. I just feel like I've been coming out
there for five years and it still smells.
MR. BIGELOW: Commissioner, I understand your frustration.
I live with this 24 hours a day for the last five years.
CHAIRMAN CONSTANTINE: That makes me feel a lot better.
Let's go on with the presentation. Mr. Finn?
MR. FINN: Yes, sir. That's really the conclusion of my
presentation. The overall recommendation is that the board
provide direction to formally amend the solid waste element as it
involves these policies, goals and objectives with the next cycle
in accordance with the underlines and strike-throughs that you
have before you.
CHAIRMAN CONSTANTINE: Thank you. I think you got the
direction on the parts that we needed direction on.
MR. FINN: Yes, sir.
Item #8B3
CONSTRUCTION CONTRACT AWARDED TO BETTER ROADS, INC.
FOR PINE RIDGE ROAD (C.R. 31 TO LOGAN BLVD.) SIX LANE
IMPROVEMENTS, PER BID NO. 00-3054, PROJECT NO. 60111, CIE
41 - STAFF RECOMMENDATION APPROVED
CHAIRMAN CONSTANTINE: Let's go to Item 8(B)(3), award
of construction contract to Better Roads, Inc. for Pine Ridge.
Good morning.
MR. BIBBY: Good morning. Jeff Bibby, public works
engineering director.
Pine Ridge Road is our next project that we'd like to get
under construction. This would make four lanes to six lanes
between Airport Road and Logan Boulevard.
We've received three bids, as you see. As with our recent
bids, we've asked for alternates to expedite construction, both
the 24-hour schedule alternative, as well as an alternative
Page 41
May 2, 2000
defined by the contractor. In each case Better Roads was the
low bidder.
These are the options. With the 24-hour bid, the alternate
number one for $300,000 more than the base bid, Better Roads
will commit to finishing completing the project in 355 days.
COMMISSIONER MAC'KIE: Motion to approve that
recommendation.
MR. BIBBY: Well, our recommendation is to go with the
base bid in the incentive.
COMMISSIONER MAC'KIE: Isn't that what you just
described?
MR. BIBBY: No.
COMMISSIONER MAC'KIE: Okay.
MR. BIBBY: The alternate two bid is an accelerated bid less
than 24 hours. For another $250,000, they'll commit to doing it in
360 days. We would expect to get going in June, so this will put
us out in June of next year. And the month of saving that we'd
be talking about would be either July or August. So our
recommendation is for that amount of money. It's not really to
our benefit to do that.
CHAIRMAN CONSTANTINE: You're recommending Better
Roads and the incentive bonus. MR. BIBBY: Correct.
COMMISSIONER MAC'KIE: I'm sorry, I misunderstood then.
I thought that incentive bonus meant that we'd buy that extra
month, even though it's June and July.
MR. BIBBY: Well, in this case it's a 90-day incentive, so we
essentially buy the 90 days.
COMMISSIONER MAC'KIE: What did you just say, though,
about that it's not worth it for the extra month because it's June
or July?
MR. BIBBY: The options come down to basically do we give
the incentive up front or later on? If we go with either of the
alternates, we'll pay more money now, either 300,000 or 250,000,
and they will commit to the 355 days and the 360 days. If we go
with the base bid, we're holding the incentive out there, and if
they hit the 300 days, they pick up the 283,000 incentive.
CHAIRMAN CONSTANTINE: So we do it on the front and we
only save a month. If we do it on the back end, we're hanging it
out there and you can save potentially three months.
Page 42
May 2, 2000
MR. BIBBY: Correct.
COMMISSIONER MAC'KIE: Thank you for summarizing that
for me.
MR. BIBBY: The only downside to that is if they don't do it in
300 days, then I don't have any leverage until 390 days later, or
390 days of construction.
CHAIRMAN CONSTANTINE: I still like the carrot.
Do we have speakers on this?
MR. OLLIFF: No, sir.
COMMISSIONER MAC'KIE: Motion to approve staff
recommendation.
COMMISSIONER CARTER: Second.
CHAIRMAN CONSTANTINE: Staff recommendation is to pay
it up front, though, and buy the extra 30 days? COMMISSIONER MAC'KIE: No.
MR. BIBBY: No. Sorry for the confusion. Staff
recommendation is to go with the base bid, give the contractor
the opportunity to finish 90 days early and --
CHAIRMAN CONSTANTINE: Correct. Thank you.
MR. BIBBY: -- with that, the incentive.
CHAIRMAN CONSTANTINE: We have a motion and a second.
Discussion?
(No response.)
CHAIRMAN CONSTANTINE:
of the motion, state aye.
(Unanimous vote of ayes.)
CHAIRMAN CONSTANTINE:
Seeing none, all those in favor
Motion carries 5-0.
Item #8B6
CHANGE ORDER NO. I TO CONTRACT NO. 00-3033, HIDEAWAY
BEACH T-GROIN CONSTRUCTION - STAFF RECOMMENDATION
APPROVED; STAFF TO SEEK APPROVAL FROM BEACH
RENOURISHMENT AND TDC COMMITTEES
Item 8(B)(6), approve change order to contract Hideaway
Beach.
COMMISSIONER MAC'KIE: As they're coming up on this, I
just want to say I was pleased to find out -- I mean, it's a
disaster, it needs -- I'm not pleased to find that out. It is a
Page 43
May 2, 2000
disaster. The part I was pleased to find out is that this isn't one
that our staff has dropped the ball on. This is one that they have
fought tooth and nail to get approval, but DEP has prevented the
issuance of a permit. Is that close? MR. BIBBY: That's correct.
Just as a little bit of quick history here, this is our project to
eventually add additional temporary T-groins in Hideaway Beach.
CHAIRMAN CONSTANTINE: I think we might have somebody
from DEP here.
COMMISSIONER MAC'KIE: Good.
CHAIRMAN CONSTANTINE: Hang on, you'll have an
opportunity to speak, but it will be at a microphone, not from
here -- not from there.
MR. BIBBY: Again, this is our project where eventually we'd
like to add additional T-groins at Hideaway Beach.
Back last year we went to the TDC and then to the board
late in the summertime and established the funding necessary to
establish these additional T-groins.
COMMISSIONER MAC'KIE: These are temporary?
MR. BIBBY: These are temporary.
CHAIRMAN CONSTANTINE: Now, walk me through this with
the funding. And I've had an explanation on some of this. But a
year ago we approved funding in the neighborhood of 271,000; is
that right?
MR. BIBBY: That is correct, yes.
CHAIRMAN CONSTANTINE: And then during the year, the
project didn't happen.
MR. BIBBY:
CHAIRMAN
minute.
MR. BIBBY:
CHAIRMAN
expended.
MR. BIBBY:
CHAIRMAN CONSTANTINE:
something like that?
MR. BIBBY: That is correct.
CHAIRMAN CONSTANTINE:
what?
MR. BIBBY:
Well, during the year --
CONSTANTINE: Let me work yes/nos here for a
Well, that project didn't totally happen, yes.
CONSTANTINE: Some of that money was
Correct.
About 137,000 or 141,000,
And that was expended on
Repairing and -- well, basically repairing the
Page 44
May 2, 2000
existing T-groins.
CHAIRMAN CONSTANTINE: Even though that's not
necessarily what it was budgeted for.
MR. BIBBY: Where we fell down, it was the original intent to
not only build the additional -- install the additional new
temporary T-groins, but also to repair and modify the existing
ones.
COMMISSIONER MAC'KIE: But when we voted, we thought
we were voting on approving two new temporary T-groins.
MR. OLLIFF: You are correct.
MR. BIBBY: That is understood.
COMMISSIONER MAC'KIE: And so it's surprising to us to find
that you could spend the money on maintenance of the existing
temporary T-groins when you couldn't get the permit for two new
temporary T-groins, subject to whatever you're going to tell us
later.
CHAIRMAN CONSTANTINE: So then there was a balance
left of something, another $130,000 of what had originally been
approved from that 271.
MR. BIBBY: Correct. After the initial approval, based on
discussions with the DEP, the scope of the bid documents were
amended to include only the repair and modifications to the five
existing T-groins. And this is the work that we established and
got underway in February of this year.
Where we currently are, we need to bring in 10,000 cubic
yards of beach compatible material, and we would like to do it
before sea turtle season is upon us. We expect to receive today
or this week an extension to the 20th of this month to allow us to
place an additional 10,000 cubic yards of beach compatible
material.
COMMISSIONER MAC'KIE: Do you have the photos to show
-- I mean, I've met -- do you have the photos to show the status of
the homes there that are about to fall into the ocean? MR. BIBBY: I didn't bring them with me.
COMMISSIONER MAC'KIE: Have board members -- I've seen
them.
COMMISSIONER BERRY: I'm sure their attorney could
provide them for you.
COMMISSIONER MAC'KIE: There you go.
But it's a shocking situation.
Page 45
May 2, 2000
MR. BIBBY: Ordinarily we would use our contract with
Bonita Grand Sand and bring that down from our upland source.
That source is not available right now. We do have some
permitting issues with that that we're working through.
What we'd like to do, suitable material can be obtained by
dredging the Big Marco River Channel. We are permitted to do
that. And what we're specifically asking this morning is asking
for a change order in the amount of 127,500 to dredge in place
this material. We would like to see a corresponding decrease in
our purchase order with Bonita Grand, the source bringing
forward the Bonita Grand source of the same decrease.
So what we're asking this morning is strictly the ability to
bring in the 10,000 cubic yards of beach compatible sand. The
longer term issue of where we're going with the additional
temporary T-groins, we will wait until we have the permit to
come back to the TDC before we come back.
CHAIRMAN CONSTANTINE: Do you believe you can do that
in the next 18 days?
MR. BIBBY: Yes. There is a question of whether or not
we're going to receive the extension. All indications are we are,
through discussions yesterday. We are at risk that may not
happen, but we'd like to be prepared to do it.
COMMISSIONER MAC'KIE: And my understanding is that the
effect on sea turtles, even though we're in nesting season, which
makes it very unusual to be renourishing the beach, but the
turtles would be drowning here if we don't put the sand. I mean,
this would be a benefit to the nesting of the turtles, in addition to
protecting the private property. But that's the reason why we
could do it now.
The court reporter wants me to talk more slowly. Sorry.
COMMISSIONER BERRY: Pam, wait a minute, the turtles
would be drowning?
COMMISSIONER MAC'KIE: Well, there's nowhere for them to
go. There's no sand for them to nest in.
MR. OLLIFF: If it were detrimental, they wouldn't issue the
permit.
COMMISSIONER BERRY: Oh, well, no, but it just didn't make
sense --
COMMISSIONER MAC'KIE: Sorry.
COMMISSIONER BERRY: -- when you say that the turtles are
Page 46
May 2, 2000
going to drown, because I think they live in a -- pretty much in a
water environment to begin with. So I don't think they're going
to drown.
COMMISSIONER MAC'KIE: Sorry.
COMMISSIONER BERRY: But they may not have a
compatible area to nest in, okay, but they're not going to drown.
COMMISSIONER MAC'KIE: I was kidding.
CHAIRMAN CONSTANTINE: Commissioner Carter, anything
you want to throw in on this?
COMMISSIONER CARTER: No, I'm clear on where we ought
to go and I think we ought to move forward with the
recommendation.
CHAIRMAN CONSTANTINE: Is that a motion?
COMMISSIONER CARTER: Yes, it is.
COMMISSIONER BERRY: Is that your final answer?
COMMISSIONER CARTER: My final answer.
CHAIRMAN CONSTANTINE: We have some public speakers
on this item, so we'll hold that for the time being.
MR. OLLIFF: Mr. Chairman, you have three public speakers.
Mrs. Jim Schiering.
CHAIRMAN CONSTANTINE: He'll be followed by?
MR. OLLIFF: David Somers, followed by Bruce Anderson.
MR. SCHIERING: Hi.
CHAIRMAN CONSTANTINE: Hi.
MR. SCHIERING: Jim Schiering, 2000 Royal Marco Way.
I'm just here to let you know I'm here to answer questions. I
really don't think I need to add anything to it. So if you have any
questions, I'll be happy to answer them for you.
CHAIRMAN CONSTANTINE: Okay, thank you.
MR. SOMERS: My name is David Somers. I'm the general
manager of Hideaway Beach. And again, if the commissioners
have any questions, I'll be happy to answer them for you.
CHAIRMAN CONSTANTINE: Thank you. Mr. Anderson?
MR. ANDERSON: Mr. Chairman, commissioners, my name is
Bruce Anderson. I represent the Hideaway Beach Association.
I have pictures of the conditions that exist out at Hideaway,
which I'll be glad to distribute to you and give a copy to the court
reporter. Otherwise, I'm just here to answer any questions that
you may have. I don't want to --
COMMISSIONER MAC'KIE: I wish you could put those on the
Page 47
May 2, 2000
visualizer for the public.
CHAIRMAN CONSTANTINE: Any questions for any of our
speakers?
(No response.)
CHAIRMAN CONSTANTINE: Seeing none, Commissioner
Carter, I think you had a motion.
COMMISSIONER NORRIS: Second.
COMMISSIONER CARTER: Yes, I make the motion that we
move forward with the recommendation as outlined in the
agenda.
CHAIRMAN CONSTANTINE: There's a second from
Commissioner Norris. Further discussion?
COMMISSIONER MAC'KIE: Question.
CHAIRMAN CONSTANTINE: Question.
COMMISSIONER MAC'KIE: We're not doing anything here
about extending the life of the temporary T-groins, we're not
doing anything about the additional two temporary T-groins, this
is merely putting additional sand on the beach, if we can get
permission from DEP to do it.
MR. BIBBY: No, part of this will also do the repairs to the
existing five temporary T-groins.
COMMISSIONER MAC'KIE: The existing five temporary
T-groins. But that -- you require a motion today to do that?
Because I thought we had already approved that a year ago.
CHAIRMAN CONSTANTINE: But they expended some of--
MR. BIBBY: The approval additional funding to bring forth
the sand source.
COMMISSIONER MAC'KIE: I didn't understand you. I'm
sorry.
MR. BIBBY: What I need approval for today, if an
incremental beach management contract was available to us
inasmuch as our Bonita Grand Sand upland source was available
to us, then I'd be all set. Since that isn't available because of the
problems we got into with the permitting of it, I need to go to this
other dredging source. And that's what I'm asking for the
approval on.
COMMISSIONER MAC'KIE: But how does that affect
maintenance of the existing groins? I understand that. You said
you've got to get some sand, you got to put it on the beach.
MR. BIBBY: That sand will be used in repairing the existing
Page 48
May 2, 2000
T-groins.
COMMISSIONER MAC'KIE: You use sand to repair T-groins?
MR. BIBBY: These are bagged structures.
COMMISSIONER MAC'KIE: Okay.
CHAIRMAN CONSTANTINE: What did you do last year?
Perhaps I've completely misunderstood your earlier comments,
because I thought that 137,000 or whatever it was that was
expended last year was spent on repairing those existing
T-groins. So are we now repairing them again eight months
later?
COMMISSIONER MAC'KIE: I'm determined to understand
that this time, because it's been confusing before. So I apologize
for dredging through this so slowly.
I asked for that photo to be put up, because it was very
telling to me about --
CHAIRMAN CONSTANTINE: Do you need a few minutes to
figure this out? We can take a break.
MR. BIBBY: Okay, let me see if I can clarify. The repairs are
going on as previously intended under this application, although
not explicitly discussed in the application for the additional
temporary T-groins.
What I'm asking for in approval here is strictly the 10,000
cubic yards to place the material that we're going to dredge out
CHAIRMAN CONSTANTINE: Okay, let me run you through
some yes-no questions again, because I have trouble with that.
MR. BIBBY: Okay.
CHAIRMAN CONSTANTINE: Last year you spent how much,
1377 Is that the right number?
MR. BIBBY: 137 is the number I have here, yes.
CHAIRMAN CONSTANTINE: $137,000 on maintenance of the
existing T-groins.
MR. BIBBY: Let me ask Jim to come up, or Harry to come
up,
CHAIRMAN CONSTANTINE: And I'm looking for a yes-no.
MR. HUBER: As being performed this current year --
CHAIRMAN CONSTANTINE: For the record, you are?
MR. HUBER: For the record, Harry Huber, public works
engineering department.
CHAIRMAN CONSTANTINE: Thank you.
Page 49
May 2, 2000
MR. HUBER: The contract for 137,100 is currently being
performed. That is for the repair and modifications of the
existing T-groins.
CHAIRMAN CONSTANTINE: Will any of this new money go
toward that?
MR. HUBER: No, sir.
CHAIRMAN CONSTANTINE: That's what I needed to get.
MR. HUBER: This new money is strictly for placing beach
compatible sand on the beach to address the severe erosion
problem.
CHAIRMAN CONSTANTINE: Thank you.
COMMISSIONER MAC'KIE: Are you -- do you supervise Mr.
Bibby? I'm looking for a chain of command here. I want to know
I've gotten the final answer. I guess I want that answer from
Tom. Never mind if you supervise him.
MR. BIBBY.' Well, for right now I'm the responsible director
as the public works engineering director for various activities,
yes.
COMMISSIONER MAC'KIE: So you as the supervisor
disagree with what Mr. Huber just said, because you told us that
some of this sand is going to be spent -- I mean, some of this
money is going to be spent on maintenance of the existing
groins. You can use it to fill up bags that will be used to
maintain.
I need to know, Tom, what is this money going to be spent
for? Because you're the only guy I can talk to.
MR. BIBBY: I was confused, I apologize. I thought this
source was going to be used --
CHAIRMAN CONSTANTINE: I hate to do this in the middle of
an item, but it's 10:30. Let's take a seven-minute break and we'll
sort this out and get a definite answer when we come right back.
(Brief recess.)
CHAIRMAN CONSTANTINE: Hi, we're back.
Mr. Olliff.
MR. OLLIFF: Not a lot of good news.
COMMISSIONER MAC'KIE: Remember, you asked for this
job,
MR. OLLIFF: I guess I did. Keep reminding me of that.
To try and clarify, I think here's what the issue is in this
particular project: What is being requested of you is funding for
Page 50
May 2, 2000
the placement of sand directly onto Hideaway Beach.
I will tell you from my perspective, I let this item go because
I think there is a legitimate need for some sand on Hideaway
Beach. We have a very limited window in which to be able to
place that sand on Hideaway Beach.
There was a previous contract with a trucking company out
of Bonita Springs. That material is no longer available to us
within this limited window. Our only opportunity to place that
sand on the beach is by using an existing dredging contractor
that is dredging the Marco Pass. DEP has authorized our use of
that material from the past to be placed onto that beach.
We have requested and believe we will receive that
extension of the sea turtle permit that will push us into the May
20th time frame and give us enough time.
That's the specific issue that we're asking you for today. It
has absolutely nothing to do with a T-groin on that beach. It is
not significantly different from what we're talking about.
Now, just so you know what a T-groin is, it is not
significantly different from what we're talking about. A T-groin is
a great big fat sand bag is really what it is. And I've been out
there and I've seen them. And that's really what a T-groin is. So
there's very little difference in just straight widening of the
beach in a T-groin. That is specifically the issue that we're
asking for today.
I will also tell you that this is indicative to me of some of the
issues that I have been dealing with in terms of this whole
matter. And I will tell you that if you are frustrated, I think I am
too, but it's simply the way I think some of these projects have
been structured, that there is not specific project accounting and
project management of specific projects separately. Some of
them are combined together and it creates for a great deal of
problem.
We are in the process of going from the top to the bottom of
those lists of projects in trying to sort through every single one
of them, so that, frankly, I'm not in the position of standing here
doing this again a year from now.
So with that, I would simply ask that you approve this item
with an understanding that we are in the process of doing some
major review of this entire program.
COMMISSIONER MAC'KIE: And this is sand on the beach
Page 51
May 2, 2000
only.
MR. OLLIFF: It is.
And I failed to mention one other item. Because there are
some questions -- I believe conceptually the Tourist Development
Council and Beach Renourishment Committee authorized in
concept placing sand on this beach; however, there are some
specific contract changes that did not go back before them.
While I could make an argument that in concept they had
seen this, I would rather go ahead and just cross the T's and dot
the I's and request that they hold a special meeting. And I'm
going to take these contract amendments back through those
two bodies, simply to make sure that there's not a question.
COMMISSIONER MAC'KIE: So the motion should include
that request?
MR. OLLIFF: Yes, ma'am.
COMMISSIONER MAC'KIE: I think Commissioner Carter
made the motion?
COMMISSIONER CARTER: Yes, I will include that in the
motion.
COMMISSIONER NORRIS: And second amends as well.
CHAIRMAN CONSTANTINE: With that, let's take a vote on
the item.
All those in favor, please state aye.
Anybody opposed?
(No response.)
CHAIRMAN CONSTANTINE: Motion carries 5-0. Thank you.
Item #8E1
PRESENTATION OF THE COUNTY MANAGER'S PLAN OF
ORGANIZATION - ACCEPTED
8(B)(7), TDC funding for the Clam Pass inlet management
project.
COMMISSIONER BERRY: Did we do that?
MS. FILSON: That's continued.
CHAIRMAN CONSTANTINE: Thank you. I wondered why I
had a line through it.
Does that take us on to your presentation of reorganization,
Mr. Olliff?
Page 52
May 2, 2000
MR. OLLIFF: Yes, sir, and thank you.
This is -- according to the county manager's ordinance, we
are -- I am required to bring to you plans for organization within
the county manager's agency.
What's outlined here in the executive summary is frankly a
very simple, I think, reorganization plan for you, but one that I
think addresses our ability to be able to get work done more
efficiently and more effectively for you.
I think over the course of the last three months it is very
obvious that transportation is the highest priority in terms of our
organization's ability to produce some work.
The major change that you see is the splitting of what is
currently the public works division, creating a separate
standalone transportation division that will put all the
responsibilities, the authority and then, therefore, in my
perspective, the accountability for road construction into a
single organization, rather than having that decentralized into a
number of different departments where it's been very, very
difficult to align those responsibilities.
What's remaining within the public works division will be
called the public utilities division. As you can see on the
organizational chart that's attached, within the public utilities
division then would be the traditional utilities, water and
wastewater, as well as solid waste department.
The second portion of this reorganization plan deals with the
department of revenue. And I think you see on Page 2 of the
executive summary, there's a reallocation of what is currently a
centralized department of revenue collection, and we are simply
creating a public works finance department as part of public
works, and we will create a separate EMS billing and collections
system as part of EMS.
And the last is a fairly minor item, but it's the reassignment
of the contract administration for the medical examiner's
operation into what is the emergency services division, where
frankly it fits much better there than it does in with parks and
libraries and museums.
The fiscal impact is provided for you in the executive
summary as well. Most of the impact is to your enterprise funds
and your fund, Stormwater Capital Fund 325, as well as your
Transportation Fund 101, and there's a very, very limited, if any,
Page 53
May 2, 2000
impact to your general fund by way of this reorganization.
With that, I'd be happy to answer any questions for you. I
will tell you that I think this puts us in a much better position to
be able to get the work done that you've asked me to do. And I
would certainly ask that you -- and hope that you would support
that plan.
COMMISSIONER MAC'KIE: Question.
CHAIRMAN CONSTANTINE: Commissioner Mac'Kie.
COMMISSIONER MAC'KIE: I need to understand. I have not
been able to articulate well what was broken about the way that
we were doing transportation staffing. So to be able to
understand how this is going to fix it, in my simple terms, I didn't
know who to call about a road problem, because people were in
different departments. You know, everybody thought call Ed Kant
for every transportation problem, but in fact he was only in
charge of what?
MR. OLLIFF: Certain portions of the engineering function
within --
COMMISSIONER MAC'KIE: Certain portions of.
MR. OLLIFF: Right.
COMMISSIONER MAC'KIE: So is basically what was broken
that the line of responsibility was diverted among different
divisions, departments, and you're correcting that? Is that a
simple way of saying what you're doing, or --
MR. OLLIFF: Yes. I think through the creation of OCPM --
and most of you are familiar with the office of capital projects
management -- we had construction engineers, construction
managers, project managers, responsibility for projects that
ranged anywhere from park construction to library construction
to road construction to wastewater plant construction, and it
was very, very difficult for the board or for the management staff
to keep track of who was responsible for what type of project. It
made accountability very difficult.
COMMISSIONER MAC'KIE: So now if I want to know who's
going to be in charge of the Pine Ridge Road project, once you
have this in place, you'll be able to tell me who that is?
MR. OLLIFF: Yes. In fact, I'm going to ask that the board,
you know, funnel all of your communications and requests for
information through that transportation administration office,
and they will be able to provide you a central point for all of your
Page 54
May 2, 2000
transportation related questions.
COMMISSIONER MAC'KIE: Last transportation question
where it was related to department of revenue. Is DOR -- have
they been responsible for collecting impact fees? MR. OLLIFF: In--
CHAIRMAN CONSTANTINE: Or not.
COMMISSIONER MAC'KIE: Yeah, or for not collecting impact
fees.
MR. CAUTERO: Vince Cautero.
Building review and permitting department, as well as other
functions of the development services area are responsible for
the assessment of impact fees. DOR only collects what they're
told to collect.
MR. OLLIFF: Right.
COMMISSIONER MAC'KIE: So my question here is does this
reorganization address the problems that we've had in impact
fee assessment and collection, or is that to come later?
MR. OLLIFF: I think this will certainly go a long way, but
that's frankly a separate effort. That's really going to be a
by-product of some of this reorganization work that Vince and I
and Phil Tindale and the clerk of courts office have been working
on a separate effort to correct a lot of what are the audit issues.
And in fact, Vince and I are putting together a presentation
in response to that audit that will be either on your next agenda
or the May 23rd agenda.
COMMISSIONER MAC'KIE: I was surprised to read in the
newspaper today that the Clerk told -- if it's accurate, that the
Clerk told the Republican Executive Committee that we are
ignoring his audit information on impact fees. Could you tell us
what you're doing?
MR. OLLIFF: I can't tell you what he said to the Republican
Executive Committee, but I can tell that you the Clerk and his
entire audit staff that was tasked with that particular audit had
met with my office directly on at least two different occasions.
We've been working in providing responses to them, and we are
also in the process of putting together a plan, a remedial action
plan, if you will, that we are also being tasked, Vince and Phil
and Ed, going back and sitting down with them to make sure that
the actions that we anticipate putting in place to correct that,
make sure that doesn't happen again --
Page 55
May 2, 2000
COMMISSIONER MAC'KIE: But what's in this reword plan
that addresses -- as you know, you've gotten the message very
clearly that we all think transportation construction has -- is
broken, and you've addressed that. I see that.
Where and how are you addressing the staffing organization
issues, if that's what they are, or if they're individual personnel
issues. What is the manner in which you're addressing the
impact fee collection and assessment problem?
COMMISSIONER BERRY: Excuse me. Commissioner
Constantine, didn't you place an item on the agenda regarding
impact fees? Was it about this?
COMMISSIONER MAC'KIE: Well, how is he going to address
it in his reorganization plan is my question.
COMMISSIONER BERRY: Okay, but I think there's some
specific questions about impact fees, and I mean, I don't care,
it's not my meeting, Tim, it's up to you. But I thought that you
had placed an agenda item, and I thought we were going to talk.
Because if you want to talk about impact fees, then I want to
get into it.
COMMISSIONER MAC'KIE: And I assumed that the specific
piece of the impact fee question that I'm asking here is it seems
to me you have correctly identified that there was -- the system
was broken for transportation, and you're proposing a system to
correct that.
It appears to me that the system is also broken for
assessment and collection of impact fees. My simple question
is, is that addressed here, is that to come later?
MR. OLLIFF: To a large extent it is addressed here, simply
because the responsibility for the management of the impact fee
ordinances rests in Vince's shop in community
development/environmental services, as well now because of the
breakdown of DOR, the collection of those revenues, and that
section within community development and environmental
services are also going to be Vince's responsibility.
So all of the responsibilities for oversight of the ordinance
and collection of the monies, sending out of the bills is also in
one house as a result of this organization.
COMMISSIONER MAC'KIE: And that's a very significant
improvement, in my mind.
I think that's Commissioner Carter we're hearing breathing
Page 56
May 2, 2000
into the microphone. Commissioner Carter.
COMMISSIONER CARTER: Well, you know, if I'm
understanding this, Tom, you know, one, I applaud you for your
reorganization changes, because this is a step where we need to
go. And I also see the impact fee issues, I think I just heard you
say, is a separate activity that you're going to give us a more
detailed report on how we're going to correct all of that as it fits
into this new organization, so we prevent these problems from
happening in the future.
The other thing is the Clerk to me has sung Tom Olliff~s
praises in cooperation on this impact fee area. I don't know
what the Naples Daily News said, but until the Clerk comes and
clarifies that, I would be suspect of anything that I read that
might not have been reported, let's say, in the way that which it
may have been said.
COMMISSIONER BERRY: I wish I could enlighten you,
Commissioner Carter, as to what the newspaper has said.
CHAIRMAN CONSTANTINE: Actually, they have said that the
Clerk has spoken very highly of Mr. Olliff.
COMMISSIONER MAC'KIE: Right.
COMMISSIONER BERRY: Absolutely.
CHAIRMAN CONSTANTINE: There are a number of other
things that we could raise issue with, but we're not going to right
here.
Other questions regarding the reorganization?
COMMISSIONER NORRIS: Just one.
CHAIRMAN CONSTANTINE: Commissioner Norris.
COMMISSIONER NORRIS: Mr. Olliff, I see that we have
engineering for public utilities separated from transportation.
But in fact on a lot of our new road projects, they go hand in
hand. How do we coordinate between those two divisions?
MR. OLLIFF: That is the only one of these sort of separated
issues that we came across as part of this reorganization. I
think what we're going to do is for each and every major road
project, we're going to create project teams. And in this case, if
there are some utility relocation type issues, there would be a
person from the utilities engineering section that would be
assigned to participate on that road construction team so we
make sure that coordination is there.
COMMISSIONER NORRIS: So we are going to handle that?
Page 57
May 2, 2000
MR. OLLIFF: Absolutely.
COMMISSIONER NORRIS: Okay, that's fine. I have no other
questions.
CHAIRMAN CONSTANTINE: By law, we don't need to
approve this. We probably should, however, have -- if we have
any particular objections or concerns, raise them at this time.
Anything anybody else want's to --
COMMISSIONER NORRIS: Motion to accept the
reorganization plan.
COMMISSIONER CARTER: I'd second that.
CHAIRMAN CONSTANTINE: Motion and a second. Any
discussion? Seeing --
COMMISSIONER MAC'KIE: Yeah, I got one more question.
Is this where we're talking about moving beach
management into parks and out of where it currently is? I didn't
hear you mention that in your --
MR. OLLIFF: I didn't and that was an oversight. Because
yes, that is one of the -- the other, I guess you would consider
major changes is that the entire beach renourishment function
would move from its current public works engineering section
over into the parks and recreation department. Organizationally,
it's a location where a lot of other agencies have that function.
Frankly, I'm also very encouraged by the way parks gets
projects done, stays on schedule. And I think just the way that
they are organized in terms of project management will help that
section as well.
COMMISSIONER MAC'KIE: I just didn't want to let that slide
through, because it sounds like a real positive change to me.
Thank you.
CHAIRMAN CONSTANTINE: Other questions?
MR. OLLIFF: Thank you very much.
CHAIRMAN CONSTANTINE: All those in favor, state aye.
(Unanimous vote of ayes.)
CHAIRMAN CONSTANTINE: Motion carries, 5-0.
Item #8G1
REPORT ON CPR TRAINING - PRESENTED
8(G)(1), CPR training report. Chief Flagg.
Page 58
May 2, 2000
MS. FLAGG: Good morning, Mr. Chairman, commissioners.
Chief Diane Flagg, Emergency Services Department, for the
record.
I'd like to take this opportunity to thank you for your support
of Collier County's CPR Day 2000. This past Saturday, between
the hours of 9:00 a.m. and 2:00 p.m., 536 community members
were trained on the techniques of CPR and obstructed airway
maneuvers.
This fete was made possible through the enthusiastic and
dedicated efforts of 27 volunteers and 41 CPR instructors. Their
commitment to this event made it a huge success. Collier
County was one of 11 sites in the State of Florida to host a CPR
date. And state-wide, over 6,000 individuals were trained in CPR
on April 29th.
The public information department has graciously produced
a short video that shares the excitement and dedication of the
volunteers, the CPR instructors and the community members
who came out to learn the skills of saving life. Could we roll the
video?
COMMISSIONER NORRIS: Are you picking this up,
Commissioner Carter?
CHAIRMAN CONSTANTINE: Yeah, I'm here and someone
else is on-line.
(Video production.)
CHAIRMAN CONSTANTINE: One more reason we have the
number one EMS department in the state.
MS. FLAGG: Thank you. And again, thank you to the many,
many volunteers and CPR instructors that made it possible.
Thank you.
CHAIRMAN CONSTANTINE: Thanks.
MR. OLLIFF: Thank you, Diane.
Item #9A
REPORT OF THE COUNTY'S COASTAL AND OCEAN ENGINEERING
EXPERT AND LEGAL COUNSEL REGARDING THE 1995-1996
BEACH RESTORATION PROJECT - COUNTY ATTORNEY TO
PURSUE AGGRESSIVE ACTION RELATIVE TO THIS PROJECT
CHAIRMAN CONSTANTINE: Number nine, county attorney's
Page 59
May 2, 2000
report. To present a report of the county's coastal and ocean
engineering expert and legal counsel regarding the beach
restoration project. Hi, Dave.
MR. WEIGEL: Good morning, Mr. Chairman, commissioners.
David Weigel, county attorney.
And as you're aware, pursuant to board direction this past
year, we put together a team of outside counsel, Mr. Steven
Sigfried, Coral Gables, fine firm. And Doug Mann of Coastal -- get
my coastals correct here -- Coastal Planning and Engineering.
And you have had an opportunity to review the report. It's
been made available to the public, to the media, and we're here
to provide both the technical and legal answers to questions that
you have.
We can, if you would like, provide a synthesis of the report.
We're really here to respond to your need and direction at this
time.
Go ahead, Doug.
MR. MANN: For the record, Douglas Mann, Coastal Planning
and Engineering, Boca Raton, Florida.
This morning I'm here to present the results of our findings
of a study of the events that occurred as part of the 1995-1996
Collier County beach restoration project.
In summary, the project started off as a 1.4 million cubic
yard project, with an original bid cost of 8.9 million dollars. In
the end, the final project resulted in about 1.125 million cubic
yards of sand being placed on the beaches of Collier County, with
a final construction cost of 10.2 million dollars.
Collier County has also spent an additional 1.5 million
dollars between July, 1996 and March, 2000 in order to clean up
approximately 15,000 cubic yards of rock that was placed on the
beaches.
The report focuses on two contracts: One, the contract
between T.L. James and Company and Collier County that was
the construction contractor, and the contract between Coastal
Engineering Consultants, Incorporated and Collier County.
This presentation is simply a summary of findings of the
report. And I've tried to condense it to kind of expedite our
discussion this morning.
T.L. James -- in reviewing the records, T.L. James was found
to have dredged horizontally and vertically outside the limits of
Page 60
May 2, 2000
the borrow areas, and this may have resulted in rock being
placed on the beach.
T.L. James failed to provide the horizontal or vertical control
information that was required by the construction contract. The
vertical ducts, reported in their daily quality control reports,
which were required by the contract, were frequently less than
the maximum depth that they dredge for any particular day, as
indicated in the post-construction surveys.
After change order No. 2 was issued, T.L. James had been
instructed to dredge to a shallower depth. The dredge records
indicate -- post-construction surveys indicate that they continued
to dredge deeper than those new instructions that they were
given by Collier County and Coastal Engineering consultants.
The project was hampered by the choice of equipment that
T.L. James brought to the construction contract. They brought
what was called a cutter head dredge, which we have a picture
of one over on the wall. And they were -- brought that to
excavate what I've termed relatively thin layers of sand deposits,
which were underlain by rock. A hopper dredge would have been
more appropriate for this type of excavation.
COMMISSIONER MAC'KIE: A hopper dredge, being like a
vacuum?
MR. MANN: A hopper dredge is much more similar to a
vacuum cleaner in that it can remove very thin layers of material,
six inches, a foot, at one given time, and makes multiple passes
over an area,
One rock was found to be coming from the discharge pipe.
The equipment that T.L. James brought was not readily
adaptable to removing or providing supplementary equipment too
to remove the rock prior to its placement on the beach.
T.L. James was also hampered by their choice of equipment
in that sea conditions, both expected and unexpected that
occurred during this particular project resulted in limited
production.
In summary, the choice of equipment limited T.L. James'
ability to perform the contract, though it did not necessarily
prevent them from performing the contract.
T.L. James failed to provide daily dredge position reports, as
required by Section TS 9.3 of the contract. Thus Collier County
was not provided the assurance that T.L. James was dredging in
Page 61
May 2, 2000
the right location and the right elevation. This information was
to be provided on a daily basis, and as a result both Collier
County and Coastal Engineering consultants had to rely upon
incomplete information in its assessment on its daily
assessment, as well as contract assessment of the overall
contractor performance.
T.L. James failed to limit excavation in borrow area NB2A.
CHAIRMAN CONSTANTINE: Excuse me just a minute.
Bill, if you guys want to talk, you can, but please do it out --
thanks.
I'm sorry.
MR. MANN: T.L. James failed to limit excavation in borrow
area NB2A, as required by change order No. 2. They then
negotiated change order No. 4 for the additional sand at the
higher unit cost. And we'll get back to this point in a minute.
During construction CEC, Coastal Engineering Consultants,
their contract with Collier County required them to make
observations of the beach and of the work in order to verify pay
quantities and to review material and workmanship.
In the event -- CEC performed many more observations than
was required by the contract, if acceptable materials were being
delivered to the construction site. And there were insufficient
number of observations during the time rock was actually being
placed on the beach along with the sand. Thus they were unable
to verify or document the acceptability of all the material that
was being placed on the beach.
The observation reports do not indicate the presence of
either the design professional or the engineer of record for the
project actually being on the beach. Due to the severity and
longevity of the rock problem, the standard of care in the
industry would have dictated that the design professional or the
engineer of record had made some observations of the beach in
order to get a first-hand view of the severity or longevity of the
problem.
CEC further did not request Collier County authorize what is
known as Section A-7 of their contract, which was a full-service
construction observations. It would have provided daily
observations. It could have been 24 hours a day of the work.
They never -- that provision in the contract was there, it could
have been authorized by Collier County.
Page 62
May 2, 2000
CEC, after the rock was noted to be -- being placed on the
beach, should have come back to Collier County and said either
authorize our Section A-7 of the contract, or provide in-house
observations by county staff. This would have provided
additional manpower onto the beach and provided greater
oversight of the contractor's activities, as well as to provide
almost continuous review of the quality of the materials being
placed on the beach.
Administration. Most of the rock, as you will recall,
occurred when the initial rock was placed on the beach in
January, 1996. It was CEC's obligation to provide some
recommendations to Collier County as to what to do regarding
this situation.
CEC failed to direct T. L. James to the other two borrow
areas that were permitted as part of the construction contract
that were within the construction contract. While they would not
have provided the total volume necessary to construct the
contract, they would have provided time for the contractor to
continue work operations, while assessments could have been
made to determine the basic problem as to why rock was coming
in out of a borrow area NB2A.
CEC directed T.L. James to dual layer the beach, despite it
being in violation of the FDEP permit. And CEC failed to provide
Collier County with a complete evaluation of possible
alternatives as a result of the rock initially showing up on the
beach. And there are many options that were discussed in the
report that you have.
CEC failed to identify over-dredging by either enforcing the
contract -- that is, requiring the contractor to provide all his daily
records, his daily dredging evaluations -- or through independent
bathymetric surveys.
As I indicated before, if CEC directed the contractor to go to
alternate borrow areas B or C, that would allowed time for an
independent evaluation of the depths be made through a
bathymetric survey.
Administration of final payment. On April 1st, '97, CEC
recommended to Collier County that final payment be made to T.
L. James. Thereby, there was some implicit recommendation of
acceptance of the work. And this is despite the fact that the
CEC knew, through its construction observations report, that
Page 63
May 2, 2000
rock was present throughout much of Naples beach. This
acceptance showed poor judgment and demonstrates that CEC
failed to perform Sections A-6-2 and A-6-4 of their contract.
Borrow area design. In the vicinity of vibracore NB53, T.L.
James was directed to dredge in excess of the sand depth
recorded by the vibracore log. That was the physical sampling of
the borrow area that had occurred.
In reviewing the actual drilling records that were performed
as part of that geotechnical testing, there seemed to be an
indication that additional unconsolidated sediment was below
that elevation, and so that there was no direct correlation that
that particular oversight resulted in rock being placed on the
beach.
Additionally, in the design, if you interpret -- if the design cut
was interpreted by course 4551 in the northwest corner of the
borrow area, they may have yielded a somewhat shallower
dredge cut in that area.
The design performed by CEC did not include a detailed
seismic survey or any jet probes. Therefore, the underlying rock
elevations were Based on a limited number of vibracore results.
CEC failed to complete the vibracore log records, which may
have resulted in design errors, and certainly resulted in less
information being provided to Collier County, as well as to T.L.
James.
Let's go back and look at the change orders. Two change
orders of importance in this contract. First was change order
No. 2. Work was initiated prior to authorization by the board by
CEC. Change order No. 2 should have covered the cost of only
dual layering the beach, which is what the original authorizing
language by the board had indicated.
After 12 days of dual layering operations, that work was
found to be not producing a quality beach, and the contractor
was given new directions for what was called skimming the
borrow area; that was, dredging a shallower cut within the
borrow area to produce less rock.
A separate change order should have been issued for the
skimming operation. And the reason is, is that there was a cost
to the contractor associated with the technique of dual layering,
and there was a cost to the contractor associated with the
skimming technique, and they weren't necessarily going to be
Page 64
May 2~ 2000
equal in cost.
Change order No. 2 also reduced the project volume by
275,000 cubic yards, which ultimately reduced the width of the
beach that was constructed. This beach width reduction was
never approved by Collier County board.
Change order No. 4 goes back -- relates back to change
order No. 2, which specified that 300,000 cubic yards of sand
were to be dredged from borrow area NB2A at $9.79 a cubic
yard, and 525,000 cubic yards were to be dredged from borrow
areas B and C at the original bid price of $4.43 a cubic yard.
It appears that the contractor placed or dredged an
additional 72,500 cubic yards from borrow area NB2A, and then
requested payment at the original cost of $9.79 a cubic yard.
Project documents indicate that there was what I'll call a
gentleman's agreement regarding sand -- regarding dredging in
borrow area NB2A, and that all sand would be placed -- would be
paid for at $9.79 a yard. The only problem is, that gentleman's
agreement is not referenced in either change order No. 2 or in
change order No. 4. Nevertheless, change order No. 4 was
approved.
Based on a strict interpretation of change order No. 2, T.L.
James was not entitled to change order No. 4, and this resulted
in a cost to Collier County of over $400,000.
We briefly discussed the rock removal operations. 3,000
cubic yards of rock has been removed by T.L. James and
Vanderbilt Beach by the course of the construction contract.
The county themselves have removed 15,000 cubic yards of rock
from Naples Beach at a cost of a little over 1.5 million dollars.
And that includes both direct construction costs, county staff
time, consultant's time and the like.
Humiston & Moore Engineers have reported to Collier
County that the Naples Beach has been cleaned to or below
native beach levels in terms of rock percentage. Nevertheless,
gravel-size rock, that is, rock that was less than three-quarters
of an inch, would ultimately still exist on Naples Beach, because
that was not filtered out and that may be objectionable to some
beach users.
Humiston & Moore Engineers also reports that rock remains
on Vanderbilt Beach, the one site that was tested, and
recommends additional testing at this time. County staff has
Page 65
May 2~ 2000
gone on and recommended that utilizing the beach rakes in the
Vanderbilt Beach area would be an appropriate management
response.
At this time, I'll take any questions from the commissioners.
CHAIRMAN CONSTANTINE: Commissioner Mac'Kie.
COMMISSIONER MAC'KIE: I need to see if I'm understanding
this simple version of -- and some of this is stuff that we
discussed. I've had the luxury of meeting with them one-on-one,
because I happened to be here at a time that that worked out.
But as I -- correct me where I misstate something, because I
want to see if I understand you.
We thought we were going to get 1.4 million cubic yards of
sand for 8.9 million. We ended up getting 1.25 for 10.2 million.
MR. MANN: 1.125.
COMMISSIONER MAC'KIE: 1.125 for 10.2 million.
We also got 15,000 cubic yards of rock that we didn't want.
MR. MANN: Correct.
COMMISSIONER MAC'KIE: So now we're trying to find out
who's responsible for putting that rock on the beach so we can
make them pay for it.
When we loop at -- there are two places to look: One is T.L.
James. T.L. James is responsible to the extent -- and I'm talking
very generally here, but T.L. James' responsibility is that they
dredged outside of the borrow areas. And from my mind, they
used that giant drill instead of a vacuum cleaner, and that seems
to be a bad call. But their responsibility, I realize, is more
complicated than this because of the technical requirements of
the contract. But they basically went outside of the borrow
areas, and that's where their responsibility for rock. Generally
true?
MR. MANN: Yes.
COMMISSIONER MAC'KIE: Coastal Engineering's
responsibility is basically that they didn't adequately supervise
T.L. James' operation. And when I've spoken to Coastal
Engineering about that before they've said yes, but we offered
you a 24-hour supervision term of your contract and you rejected
it because it would cost too much.
What you're telling me that I didn't know is that A-7 of the
contract says if we see a need for extra supervision, we're going
to come in and tell you about it so that you can authorize either
Page 66
May 2, 2000
we, Coastal Engineering, to do it or you can do it yourself. And
they didn't come in and trip that emergency A-7 provision, even
after we all knew rock was all over the beach. Is that true?
MR. MANN: There's no indication in the records that I've
been made available to me that they requested Collier County to
authorize section A-7.
COMMISSIONER MAC'KIE: And it's certainly not in my
recollection that they did.
Then comes the one that is the most troubling to me from
both the staff -- because then at this point we start saying okay,
we also had staff supervision, Mr. Olliff. Where were they when
we were doing things like -- why didn't we notify T.L.J. they were
in default when they didn't deliver those daily reports? And why
didn't our staff know that dual layering is a permit violation? And
why didn't we call Coastal Engineering in default when they
didn't complete the vibracore records? Those are questions I
have for you to answer.
But the bottom line is you're telling us that when our staff
and Coastal Engineering stood at that podium and said this dual
layering, this armoring of the beach, burying the rock, is an
acceptable alternative that we could choose, you're saying that
they knew or should have known at the time that that was
clearly a violation of the permit.
MR. MANN: They should have known that that was a
violation of the permit.
COMMISSIONER MAC'KIE: Okay.
CHAIRMAN CONSTANTINE: Since it first became apparent
that there was difficulty with the project, this board has
consistently said let's find out who's responsible and let's
pursue, particularly because there were extra costs, appropriate
money back.
Mr. Weigel, this report puts us in a position where we can
finally do that; is that not correct?
MR. WEIGEL: I believe that it does, Mr. Chairman.
CHAIRMAN CONSTANTINE: Thank you.
Mr. Olliff, we have three speakers.
· MR. OLLIFF: We do. Your first is Bill Boggess, followed by
Gil Erlichman.
CHAIRMAN CONSTANTINE: Good morning.
MR. BOGGESS: Good morning, commissioners. My name is
Page 67
May 2, 2000
Bill Boggess, and reside in the City of Naples. I'm a retired civil
engineer and former member of the city/county beach
committee.
Accountability. That is what we ask for. Accountability is
what the people of Collier County expect. Everyone who
receives public funds should be accountable, including Dr.
Michael F. Stephen and his company, Coastal Engineering
Consultants, Inc.
Stephen and Coastal have profited considerably from their,
quote, errors of judgment, unquote. So how can we, the tax
paying public, condone payments to this consultant who
apparently used poor judgment, resulting in five or six millions of
tourist tax dollars being wasted, resulting in a sub par project.
Then gets paid time after time to supposedly correct those
problems?
This report before you today is well documented from that
which, if covered, the one and a half million dollars wasted, and
immediate action should proceed toto, in toto.
Then for the other wasted five million dollars, we again
request that you turn to our publicly elected financial trustee
Dwight Brock, and fund him to pursue the balance of the beach
project problem posthaste.
Accountability, that's all we ask for. Thank you.
CHAIRMAN CONSTANTINE: Next speaker is Mr. Erlichman,
and he'll be followed by?
MR. OLLIFF: Bonnie MacKenzie.
MR. ERLICHMAN: Good morning, commissioners. Gil
Erlichman. I reside in East Naples. And I'd like to wish Mr.
Carter a speedy recovery.
It was about four years ago, I don't remember the exact date
of the meeting, but I stood here in the same position and asked
the commissioners at that time on the board -- I don't know
whether you were the same commissioners, but I asked the
commissioners of Collier County at that time to pursue the idea
of having the beach rocks cleaned up at no cost to the taxpayers
of Collier County.
And I'm very happy to be here today to listen to the probing
questions by Commissioner Mac'Kie, and we have a new Collier
County manager who I've heard nothing but good reports about,
and I feel that he's going to make a clean sweep with this
Page 68
May 2, 2000
reorganization that he's proposing. And I think that -- I hope that
the taxpayers will be able to recover the money that was wasted
on the beach renourishment, clean up those rocks.
And of course the latest thing, the impact -- road impact
fees, that's something else. But I'm very happy to be here today
to listen to that report by Mr. Mann, placing the blame where it
should be, Coastal Engineering Consultants. They're the ones
who to me was -- that I had a copy of the contract, which I
inadvertently threw out. But they're -- they were responsible for
supervising the whole job of beach renourishment.
And the way of -- what I've learned today is that they didn't
properly report it to the County Commissioners, who would have
then taken appropriate action to immediately stop the placing of
the rocks on the beach.
But I wanted to thank up very much today for this
opportunity to address the county commission, and I hope the
county is successful in collecting the money that was spent by
the taxpayers on this beach renourishment fiasco. Thank you.
CHAIRMAN CONSTANTINE: Thank you.
Our final speakers are City of Naples Mayor, Bonnie
MacKenzie.
MAYOR MacKENZIE: Good morning, and thank you very
much for giving me the opportunity to be here this morning.
You may have heard rumors that we on City Council
occasionally have some disagreements. I'm here to represent to
you that we are united in our pledge to you of our full and very
firm support as you decide in what course of action you're going
to pursue. Hopefully it will be to pursue any legal remedies that
may be available to you, and appropriate under the
circumstances to recover the costs that have been expended to
remove the material that was placed on the beaches that does
not meet with the permit specifications, as well as going forward
to hire an engineering firm to oversee future beach contracts.
Thank you very much.
CHAIRMAN CONSTANTINE: Thank you.
Mr. Olliff, Mr. Weigel, my recollection is that when the
problem first came up, the board asked, A, for the removal of the
rocks, and that concurrently we asked for a full investigation into
how and why it happened and who was accountable or who was
responsible, and that we indicated a desire to pursue legally
Page 69
May 2, 2000
whatever appropriate means to recover those funds.
It sounds like we are all the way up to the last item on that
list. We have been working our way on the rocks anyway. We
have over the past eight or 10 months finished this investigation.
Looks like we have some things that point very strongly in two
directions, though they are similar directions and related
directions. And now it's a matter of when, how and if we pursue
it legally.
I for one think we should. There needs to be accountability,
as Mr. Boggess said, and I think we need to pursue whatever is
appropriate. And I'm looking for some specific direction from
you, Mr. Weigel. Legally what can we do, what is our next step
to try to recover some of these funds?
MR. WEIGEL: Thank you. Well, I've certainly been in
extended discussion with Mr. Mann, and also our outside counsel
assisted us -- has assisted us very ably in this process, Steve
Siegfried, who is here also. And Mr. Siegfried may wish to add to
my response to your question.
But we do believe that based upon the report, much of the
information certainly obtained through cooperation both from
T.L. James and Coastal Engineering Consultants and staff, all
done in a voluntary way, outside of the rigors of litigation at this
point, but we do believe that upon the basis of all these things
that brought this report into being, and our review from a project
and legal basis, that we would ask and request the board to
authorize the county attorney, with the support of this support
outside counsel and engineering firm, to pursue any and all
remedies and claims that we believe we do have in this matter
up to and including, of course, litigation in pursuit of those
claims.
And again, I may have nothing additional to add to this, but
Mr. Steven Siegfried is here --
CHAIRMAN CONSTANTINE: Question I would have is you
concluded that by saying up to and including litigation. I would
assume you could begin litigation and then negotiate
concurrently. But my concern is it's taken us four years to get to
this point, three and a half years to get to this point. I don't want
to spend another two years chitchatting about it before we go
forward.
Obviously, if we can come to some sort of agreement
Page 70
May 2, 2000
outside the courtroom, that's fine. But if the quotes in the
newspaper are accurate, T.L. James certainly has no interest in
taking any responsibility, and the only place that's going to
happen is in the courtroom. So --
MR. WEIGEL: That may be the case. And I will say that my
response is, of course, that we pursue this aggressively and use
all opportunity that we have to bring pressure, as well as the
dialogue through all sources here, too.
CHAIRMAN CONSTANTINE: I'd be happy to entertain a
motion.
COMMISSIONER MAC'KIE: Motion to direct the county
attorney to do exactly what he just described. COMMISSIONER BERRY: Second it.
CHAIRMAN CONSTANTINE: Motion and a second --
COMMISSIONER CARTER: Mr. Chairman?
CHAIRMAN CONSTANTINE: Commissioner Carter.
COMMISSIONER CARTER: Yes, one question on this, and
that's in regard to Vanderbilt Beach. I want to make sure that if
we incur any additional expenses in cleaning that beach, that
that's a part of this litigation.
CHAIRMAN CONSTANTINE: I think that's appropriate.
Everybody's nodding. I know you can't hear that.
COMMISSIONER CARTER: Okay.
CHAIRMAN CONSTANTINE: Any further discussion?
MR. WEIGEL: I have a little further' discussion for you, if I
may, and that is we've reached the point, the board authorized --
I think it's important for the record to be reminded that the board
authorized a budget amendment to the County Attorney Office so
that we could pursue this endeavor, which we've done.
We are not spending, have not spent, tourist tax money for
this at this point, nor do we anticipate using or asking for tourist
tax money as we go forward to address these claims and legal
pursuits.
I will tell the board that either today or I can come back
next Tuesday and/or the 23rd to ask the appropriate budget
amendment that we would need to continue to fund this call it
extraordinary project that we have going at the present time.
COMMISSIONER MAC'KIE: My--
CHAIRMAN CONSTANTINE: Commissioner Berry?
COMMISSIONER BERRY: I just have a question.
Page 71
May 2, 2000
Mr. Weigel, how long do you think this whole process will
take from here on?
MR. WEIGEL: Well, you know, with litigation, along that line,
and pursuing it in the court here, we could conceivably be in
federal court dealing with out-of-state defendant, potentially.
The -- it could be a year or two in court.
COMMISSIONER BERRY: I just want -- so people have an
idea of what we're talking about, that possibly there's not going
to be a resolve to this in the next two to three months -- MR. WEIGEL: No.
COMMISSIONER BERRY: -- that this is something that's
going to take a while, unfortunately.
MR. WEIGEL: Well, it may. And of course working with the
contract parties we're talking about here, T.L. James and
Coastal Engineering Consultants, simultaneously, as Mr.
Constantine averred, is the fact that we may in fact have
information coming back to you based on our discourse with
them, parallel to but apart from litigation, where the board will
have some opportunities to act and consider. We were going to
investigate that obviously fully.
CHAIRMAN CONSTANTINE: Other discussion? Seeing none,
all those in favor of the motion, please state aye.
Anybody opposed?
(No response.)
CHAIRMAN CONSTANTINE: Motion carries 5-0. Thank you.
MR. WEIGEL: Thank you very much.
Item #10A
RESOLUTION 2000-128, APPOINTING TY AGOSTON TO THE
RURAL FRINGE AREA ASSESSMENT OVERSIGHT COMMITTEE -
ADOPTED
CHAIRMAN CONSTANTINE: Item 10(A), appointment of
member to the rural fringe. There's one position, one person.
COMMISSIONER BERRY: Move approval.
CHAIRMAN CONSTANTINE: There's a motion from
Commissioner Berry--
COMMISSIONER NORRIS: Second.
CHAIRMAN CONSTANTINE: -- second from Commissioner
Page 72
May 2, 2000
Norris.
COMMISSIONER MAC'KIE: Question.
CHAIRMAN CONSTANTINE: Yes.
COMMISSIONER MAC'KIE: Is there at any point --just that
this brought to my attention the makeup of the fringe committee
that we basically have. We have two bankers, two contractors,
we have the CBIA and the Chamber, we have an engineer, we
have one environmentalist and then two community people.
I was surprised to see the makeup of the committee as it
turned out, and I just wondered if there was any interest on the
board of seeking advice from our staff or from our outside
counsel.
CHAIRMAN CONSTANTINE: Do you want to put that on for
an agenda item at some point?
COMMISSIONER MAC'KIE: I'd love to do that.
CHAIRMAN CONSTANTINE: Okay. I don't mind having that
discussion.
COMMISSIONER MAC'KIE: Great.
So will you do that for me, Tom? Thank you.
CHAIRMAN CONSTANTINE: Motion from Commissioner
Berry, second from Commissioner Norris. Discussion? Any
public speakers?
MR. OLLIFF: No, sir.
CHAIRMAN CONSTANTINE:
please state aye.
(Unanimous vote of ayes.}
CHAIRMAN CONSTANTINE:
Seeing none, all those in favor,
Motion carries 5-0.
Item #10B
RESOLUTION 2000-129, REAPPOINTING CRYSTAL KINZEL AND
APPOINTING DALE LEWIS TO THE RADIO ROAD
BEAUTIFICATION ADVISORY COMMITTEE - ADOPTED
Appointment of members to the Radio Road Beautification
Advisory Committee. Two members, two names.
COMMISSIONER MAC'KIE: Motion to approve.
COMMISSIONER BERRY: Second it.
CHAIRMAN CONSTANTINE: There's a motion and a second.
Any discussion?
Page 73
May 2, 2000
aye.
Seeing none, all those in favor of the motion, please state
(Unanimous vote of ayes.)
Item #10C
RESOLUTION 2000-130, REAPPOINTING/APPOINTING JOSEPH
DINUNZIO, E. GLENN TUCKER AND RHONA SAUNDERS TO THE
TOURIST DEVELOPMENT COUNCIL - ADOPTED
COMMISSIONER NORRIS: Mr. Chairman, on the next one, I
see the recommendation is for one municipal officer.
CHAIRMAN CONSTANTINE: Next one, for anybody who
doesn't have it in front of them, is appointment to the member of
the TDC, couple of appointments, three.
COMMISSIONER NORRIS: As everybody knows, Marco
Island generates over a third of the tourist tax money, and after
the term ends for John Dougherty, then they won't have anybody
representing them on the board at all, the tourist development
council.
I would like to go ahead and put Glenn Tucker on that board
as a municipal official.
COMMISSIONER CARTER: And for the non owner/operator, I
would like to reappoint Rhona Saunders.
CHAIRMAN CONSTANTINE: And we have only one
owner/operator, that being Joe DiNunzio. If someone wants put
those three in the form of a motion?
COMMISSIONER NORRIS: I will do so.
CHAIRMAN CONSTANTINE: Is there a second?
COMMISSIONER BERRY: I can't support that motion.
CHAIRMAN CONSTANTINE: I'm going to second the motion.
And let me just tell you about the TDC meeting.
There was some discussion; it was actually a split vote on
Karen Louwsma from Everglades, and Glenn Tucker. Originally
one of the members of the TDC had started to go ahead and say
Tucker, because they were under the impression we had said we
were going to stagger those each time. And then it came up that
there had been discussion of doing that between Everglades City
and Marco. But we never made that a formal policy.
Karen was there, and that put the board in a little bit of an
Page 74
May 2, 2000
awkward position, and so the council said, you know, okay, we'll
endorse. But it was actually a split vote. I think it was -- I don't
know if it was 4-3 or 5-2, I don't know. But I would agree, I think
Glenn Tucker is appropriate for a couple of reasons. I think it's
important to have a Marco person there. Also, he owns some
properties and a business in Everglades City, and so he's kind of
unique here in that he represents the City of Marco as a city
councilor, but he is very much in touch with the needs of
Everglades City because he's operating a business down there.
COMMISSIONER MAC'KIE: That is what gives me some
comfort, that maybe if it's not the -- won't hurt Everglades City.
Because frankly, one of the things that I'm most interested in the
TDC money doing is helping emerging tourist markets, and
Everglades City is that. So I don't want to see Everglades City be
shorted here, but I think--
COMMISSIONER BERRY: Precisely my point. It's a difficult
situation. We were fine when we only had two municipalities.
And when we got the third one, it presented a problem. Because
by statute, you can only have two. I believe I'm correct in
stating that. Anybody that knows? I believe that -- is that not
the case?
CHAIRMAN CONSTANTINE: That's the way it's currently
written.
MR. MANALICH: With regard to what, membership?
COMMISSIONER BERRY: Yes, TDC membership.
CHAIRMAN CONSTANTINE: Municipal.
MR. MANALICH: Right. But the category of person you're
talking about?
COMMISSIONER MAC'KIE: Municipal.
COMMISSIONER BERRY: You can only have two
municipalities, even if there were six. Let's say Golden Gate was
incorporated and Immokalee was incorporated, you could still
only have two, regardless of how many cities or municipalities
you had in the county.
MR. MANALICH: That's my recollection, yes.
COMMISSIONER BERRY: Okay, so this is when it starts to
present a problem. And with the county, the size of Collier
County, we're not a nice, close, neat, compact county, and it's
very different in the eastern part of the county. Yet they have a
type of tourism than what you find in the coastal counties. That
Page 75
May 2, 2000
was my reason for supporting Ms. Louwsma and letter continue
on the TDC. It's just the difference, and it brings a different
perspective to the TDC.
I have nothing against Glenn Tucker in any way, shape or
form. He's a well respected attorney on Marco Island and has
been a well respected councilman, from what I know of. I don't
have anything against him. But it's just the idea of the
representation to make sure that we cover all of Collier County
and not just the coastal areas. And Marco is a coastal area.
COMMISSIONER MAC'KIE: Right. I could support the motion
if we could add something to it, and that would be that we do
direct staff to amend the ordinance to require that those two
cities -- or that whatever number of cities eventually exist in
Collier County, that the representation rotate. That the City of
Naples, or whatever the largest city, is required to be on there by
statute. But that the second city--
CHAIRMAN CONSTANTINE: How about if we rotate, then we
rotate between all the cities?
COMMISSIONER MAC'KIE: State won't let you do that. It's a
statute.
But outside of-- that's in the state law. But I think it would
be a good idea if we rotated the second municipal position so
that we never get too far afield of having some representation
from the non-coastal areas.
So I could support the motion with that direction to staff.
CHAIRMAN CONSTANTINE: That staff will bring that back in
-- how long does that take to bring back something like that?
MR. MANALICH: Just the preparation advertising period.
Within :30 to 45 days.
COMMISSIONER NORRIS: Sometime in our June meeting.
Maybe our last June meeting.
CHAIRMAN CONSTANTINE: Does the motion maker amend?
COMMISSIONER NORRIS: I'll amend.
CHAIRMAN CONSTANTINE: I'll second amends as well.
Are there speakers on this item?
MR. OLLIFF: No.
CHAIRMAN CONSTANTINE: We'll call the question.
All those in favor, please state aye.
All those opposed?
COMMISSIONER BERRY: Aye.
Page 76
May 2, 2000
CHAIRMAN CONSTANTINE: Commissioner Carter, you were
in favor?
COMMISSIONER CARTER: Yes.
CHAIRMAN CONSTANTINE: That's a 4-1 vote for DiNunzio,
Tucker and Saunders.
Item #10D
DISCUSSION REGARDING JOINT LEE/COUNTY MEETING -
COMMISSIONER CONSTANTINE TO SCHEDULE A JOINT
MEETING TO DISCUSS VARIOUS TOPICS OF INTEREST
Item 10(D). I think each of you saw a copy of the letter I
sent up to Commissioner Albion. There are a number of issues
that's probably appropriate. I've asked -- suggested to him to
talk with his board today. We've got the Army Corps issue
floating out there, we've got the solid waste question
Commissioner Berry's been working on, some transportation
issues, and of course the incorporation of Bonita, for starters,
anyway. And I suggested to Lee that if they feel it is, and we feel
it is, we'd be happy to host them and do it somewhere in the
north end of town. And I just wanted to make sure the board was
comfortable with that.
COMMISSIONER MAC'KIE: Great idea.
COMMISSIONER CARTER: I think it's great, Tim. Let's do it.
Item #10E
PLAQUE OFAPPRECIATION/RECOGNITION TO BE PRESENTED TO
FRANK BLANCHARD FOR HIS PARTICIPATION IN COUNTY
AFFAIRS - CONSENSUS
CHAIRMAN CONSTANTINE: Item 10(E), Frank Blanchard.
COMMISSIONER NORRIS: Okay. As most people know,
Frank Blanchard has been very active in county affairs for many
years. He's served on the beach committee -- served both of the
beach committees, I believe. He's been on the mosquito control
board for a number of years. He's been quite an active citizen
and he's always had some valuable input for the county.
Frank, unfortunately his health is not well today. He's not
Page 77
May 2, 2000
doing well. But there's a group of people on Marco that are
trying to get up some sort of a tribute for him. And I think it
would be appropriate if the County Commission either has a
proclamation of commendation or perhaps a plaque that we
could send down to join in with the commendation for Frank or
all of his services over the years. Perhaps we could have Mr.
Olliff coordinate with Mr. Moss and see exactly what they would
like to do, but I think it would be nice if the board would
authorize that action today.
CHAIRMAN CONSTANTINE: Agreed.
COMMISSIONER MAC'KIE: Agreed.
COMMISSIONER BERRY: Agreed.
COMMISSIONER NORRIS: Thank you.
Item #1 OF
ISSUE REGARDING IMPACT FEES - TO BE DISCUSSED IN DEPTH
DURING MAY 9, 2000 MEETING; CLERK OF COURTS, BROCK TO
BE INVITED TO ATTEND AND PARTICIPATE IN DISCUSSION
CHAIRMAN CONSTANTINE: Item 10(F), discussion impact
fee issue.
My intent here really isn't to get too far in-depth with this. I
wanted to see if the board would be comfortable having a fairly
in-depth discussion at our next Tuesday meeting and inviting the
Clerk of Courts to come.
We've all seen the audit and probably gone through it, but
he's had a chance to do a presentation a couple of places, and I
think it might be nice to have -- he's been very good working with
our county manager -- have the opportunity in this forum to ask
some specific questions about that. And I wanted to make sure
that was okay with the board before I issued that invitation.
But I thought that might be in everybody's best interest to
have that clear communication between the clerk and this board
and our manager, all in the same forum.
COMMISSIONER MAC'KIE: Two great ideas in a row.
COMMISSIONER NORRIS: That's good.
CHAIRMAN CONSTANTINE: Fabulous.
Any objection to that?
COMMISSIONER NORRIS: None.
Page 78
May 2, 2000
Item #1 1B1
GIL ERLICHMAN RE REPUBLICAN EXECUTIVE COMMITTEE
CHAIRMAN CONSTANTINE: Takes us on to 12(C),
consideration to adopt an ordinance amending Ordinance 86-41
as amended.
MS. FILSON-' Public comment?
CHAIRMAN CONSTANTINE: I'm sorry, I skipped public
comment on general topics. I believe we have one.
MR. OLLIFF: You actually have two.
CHAIRMAN CONSTANTINE: Oh, we have two.
MR. ERLICHMAN: Thank you very much. Gil Erlichman
again. I reside in East Naples. Good morning again,
commissioners.
I'd like to make one -- two things clear about what happened
last night at the Republican Executive Committee meeting.
Mr. Brock did not say that the commissioners ignored him.
He responded to a question by one of the people on the
committee, asking why he doesn't make -- he hasn't -- doesn't --
pardon me, let me start again.
One of the questions asked of Mr. Brock is where does he
send his reports to. He said he sends them to the
commissioners, because that's who he has to report his findings
to. Then they said well, has he received any questions or any
feedback. I'm speaking -- I'm paraphrasing the question. And he
said no, he hasn't received any questions to date.
COMMISSIONER MAC'KIE: I spoke to him on the phone
yesterday with questions.
MR. ERLICHMAN: Pardon?
COMMISSIONER MAC'KIE: I spoke to him on the phone
yesterday with questions.
MR. ERLICHMAN: Well, I guess he meant in writing. In other
words, you know -- but he didn't say that directly that the board --
the commissioners ignore him.
COMMISSIONER BERRY: How come the quote was in the
paper this morning, Gil, quoting him?
MR. ERLICHMAN: I don't know, ma'am. I know Jean
Edwards is a very, very good reporter. In fact, I think she's an
Page 79
May 2, 2000
excellent investigative reporter. But -- okay.
Regarding Mr. Olliff, Mr. Brock had nothing but high praise
for you.
MR. OLLIFF: Thank you.
MR. ERLICHMAN: Said you're cooperative, you answered his
questions. Whatever request -- he said you are the first county
manager that he's worked with since Dorrill and Fernandez that
he finally is -- he said it's a breath of fresh air. MR. OLLIFF: Thank you.
MR. ERLICHMAN: And I personally hope that for your
successful term of office, as long as the commissioners employ
you, that you will get to the bottom of what's happened with this
road impact fee collection. And I hope that you do a little
housecleaning insofar as the people that are responsible for it.
Because I don't think this situation can go on and on and on
costing the taxpayers money. Thank you very much.
CHAIRMAN CONSTANTINE: Thanks, Gil.
Second speaker?
MR. OLLIFF: Second speaker is Hildegard Nickel.
COMMISSIONER BERRY: All I can say, Mr. Manager, is enjoy
the honeymoon.
Item #11 B2
HILDAGARD NICHOL RE SUGGESTIONS TO UTILIZE A CL-415
AIRPLANE FOR FIGHTING BRUSH FIRES
MS. NICKEL: My name is Hildegard Nickel. I reside in Marco
Island. Ladies and gentlemen, thank you for the opportunity to
bring the following matter to your attention.
In the wake of the recent brush fire in Golden Gate Estates,
the Naples Daily News published letters to the editor by four
readers, recommending that Collier County should utilize a
Canadian aircraft, the CL-415. This amphibious airplane is the
most efficient mechanism to fight brush fires.
I inquired with Bombardier Aerospace in Montreal, the
manufacturer of the CL-415. They supplied informative material
that I am submitting for your examination. It includes all the
technical data, plus an eight-minute videotape of the airplane in
action. There is also a web-site, very easy to remember,
Page 80
May 2, 2000
WWW.superscooper. com.
The CL-415 is currently in use in Canada, France, Italy,
Croatia and Greece. This airplane can scoop up 1,600 gallons of
water in just 12 seconds, while skimming the water surface. The
water can be scooped up in lakes, rivers and the sea.
On-board foam injection multiplies the effectiveness of
water. With a four-door water drop system, the plane has the
ability to make repeated heavy attacks directly on a fire without
having to return to an airfield. It can fly four hours without
refueling.
The CL-415 can operate from amphiports, conventional
airfields and open water.
An additional advantage of the CL-415 is that it can be
configured for other users, including maritime surveillance,
search and rescue, and personnel transport.
It turns out that the CL-415 has a predecessor, namely, the
CL-215, which shares many of the features of the CL-415. The
CL-215 has a capacity of 1,400 gallons of water, and it also has a
foam injection system.
With the introduction of the CL-415, a number of the CL-215
have been traded in and are now available for resale.
Let me assure you here, ladies and gentlemen, that I have
no financial interest in this matter.
Considering the devastation of an out-of-control brush fire,
especially if it occurs in a populated area, the acquisition or
lease of one of these water bombers appears to be a sound
investment.
To ease the financial burden, maybe some bordering
counties could participate in the purchase or lease and share the
use of such aircraft in an emergency.
Thank you for your attention and consideration.
CHAIRMAN CONSTANTINE: Thank you very much. We'll
attach Chief Flagg and we'll also share it with the local
firefighters.
MR. OLI. IFF: Division of Forestry as well.
COMMISSIONER BERRY: I have a question.
CHAIRMAN CONSTANTINE: Commissioner Berry?
COMMISSIONER NORRIS: I have somewhat an amusing
story about this particular airplane. I -- a number of years ago, a
group of us were going fishing up in Canada and we were in a
Page 81
May 2, 2000
float plane flying along, and there was a brush fire right near the
lake where we were going to land. And they've had one of these
-- I would assume it would be a 215, as it was a number of years
ago. They had one of these operating. And we were in the same
air space with him, and could see him very clearly what he was
doing. And there were a couple of mobile homes. The fire was
sort of moving through these mobile homes. The fellow came
down through there with a full load of water, about 20 feet over
the tree tops and let it loose, and he just blew those mobile
homes completely away. They were just gone.
CHAIRMAN CONSTANTINE: But they didn't burn down.
COMMISSIONER NORRIS: They didn't burn down. They
couldn't, they were twisted up into little pretzels. But I'm sure
his motives were -- his intentions were good, but it just didn't
work out.
COMMISSIONER BERRY: I have -- my question was just on --
I'm sure obviously they use these planes in this. Do they -- have
they used them in the United States, number one? With the
environmental regulations that we have, who's going to complain
when we start dumping sea water out in the forest upland?
MS. NICKEL: This is in --
COMMISSIONER NORRIS: Sorry, you can't do that. You
need to be on the microphone, and your time is up.
COMMISSIONER BERRY: I mean, these are just questions
that would be raised. Because about the time we do that, the
criticism's going to be leveled that we are doing things that are
environmentally unfriendly. But I think it's worth -- I'd just like to
see it looked into and see what the situation is.
CHAIRMAN CONSTANTINE: Mr. Olliff, we can do that? We
can look into this?
MR. OLLIFF: Oh, absolutely. And in fact, I think Hank
Graham would be awfully interested.
COMMISSIONER MAC'KIE: Thank you. Wonderful idea.
Item #12Cl
ORDINANCE 2000-24, AMENDING ORDINANCE 86-41, AS
AMENDED, THE ORDINANCE ESTABLISHING STANDARDS FOR
THE CREATION AND REVIEW OF COUNTY BOARDS - ADOPTED
Page 82
May 2, 2000
CHAIRMAN CONSTANTINE: 12(C), consideration to adopt an
ordinance amending Collier County Ordinance 86-41, as
amended.
COMMISSIONER NORRIS: Do we have any public speakers?
MR. OLLIFF: No.
COMMISSIONER NORRIS: Close the public hearing.
CHAIRMAN CONSTANTINE: I'll close the public hearing.
COMMISSIONER MAC'KIE: Comment.
COMMISSIONER NORRIS: Comment?
COMMISSIONER MAC'KIE: I'm not going to take a long time,
because I know I'm not going to change anybody's mind, but I
want to put it on the record that I wish you would consider the
following: If we have -- there are times when it is appropriate to
ban litigants from service on county committees. Those times
would be, for example, if we have a committee that we have said
go and build roads, or do -- we have the following -- our position
is A, B, C, now go and implement it. And then if somebody sues
and says no, no, we think X, Y, Z is right, then they don't belong
in the committee.
But what we have here is a committee that we have
requested give us advice, tell us what we should do, help us plan
the future of the county. We haven't -- we don't have a foregone
conclusion. We have asked for their input. In that case, saying
to a party if you disagree with us so strongly that you will sue us,
we don't want your opinion --
COMMISSIONER BERRY: No.
COMMISSIONER MAC'KIE: -- that's wrong.
COMMISSIONER BERRY: No, that's not the --
CHAIRMAN CONSTANTINE: That's not what we're saying.
COMMISSIONER BERRY: That is not the case. The case is,
Pam, if this person wants to be a litigant, then at the time when
there will be public participation -- they can come to meetings,
this doesn't stop them. This ordinance does not stop them from
coming to meetings or any of the public hearings that will be
held in regard to these lands committees at any time. They
certainly have every opportunity to come and express their
opinions at that point in time. We're not forbidding that.
COMMISSIONER MAC'KIE: But why do we not --
COMMISSIONER BERRY: Why should I -- why would you
serve on a committee when you've already made up your mind
Page 83
May 2, 2000
that the Board of County Commissioners --
CHAIRMAN CONSTANTINE: Pam, Pam --
COMMISSIONER MAC'KIE: Let me answer the question,
please.
COMMISSIONER BERRY: -- is way off base. In other words,
you're going to -- you have already said you're going to spend
taxpayer dollars to support a lawsuit against Collier County,
which this board sat up here and said -- which has been approved
in Tallahassee, and they are coming back. I mean, I may have
some of this misstated, but it has to do with the NRPA's. That's
what that lawsuit is about.
We've dealt with this as a board. We're going to continue to
deal with it. Particularly in the committee that I'm chairing,
we're studying this issue. Why launch the lawsuit now while
we're in the study phase?
CHAIRMAN CONSTANTINE: Yeah, I just want to pony onto
that. Because what you said is gosh, if somebody disagrees so
strongly with us, why shouldn't they be able to sue. Absolutely
they should. However, we haven't stated an opinion yet. There's
nothing yet to disagree with. And what we're asking them is to
participate in the process to coming up to with what the position
of the county will be.
Before the county even has the opportunity to do that, they
have predetermined what theirs is, and they're going to sue the
county unless we go exactly with what they're doing. That's the
difference, is we're not discouraging anybody from participating.
But if they have already predetermined exactly what they
believe is the only way to do it, then that's probably not a good
participation in what's supposed to be a coalescence of a
number of ideas, a group effort.
COMMISSIONER MAC'KIE: I understand. And again, I'm not
going to waste too much more of everybody's time, but I
disagree, because if the -- I'm sorry, what are you trying to figure
out?
CHAIRMAN CONSTANTINE: I'm just counting down to 12:00
noon.
COMMISSIONER MAC'KIE: Oh, okay. If the person -- in this
case what we have here is we've taken a position, we've said
natural resource protection areas should be these areas. This
person feels so strongly that they should be this area that he's
Page 84
May 2, 2000
sued us over it. Why don't we want him on the commit explaining
why he's right?
COMMISSIONER NORRIS: We do. We appointed him to the
committee. Unfortunately he --
COMMISSIONER BERRY: He was on the committee. Why
did he feel he had to sue us? He's on the committee to study the
issue, like we all are. That's what I don't understand, and that's
what I said to him, Pam.
COMMISSIONER MAC'KIE: I wish that he hadn't sued us.
COMMISSIONER BERRY: See, that was my point. I welcome
-- if he has a different opinion, and I know he does, that's fine, sit
on the committee and let's talk it over and let's work it out.
COMMISSIONER MAC'KIE: So the punishment --
COMMISSIONER BERRY: But he's moved beyond that.
COMMISSIONER MAC'KIE: The punishment here is because
he sued us, not because he disagrees with us?
CHAIRMAN CONSTANTINE: Correct. There is a venue in
which he can participate with us and work together, as opposed
to being adversarial. He's chosen that -- instead of participating
in that, he's going to be adversarial in a court of law. And it just
seems premature and it certainly seems like it's not in the spirit
of trying to find a cooperative effort between all parties.
COMMISSIONER MAC'KIE: I disagree.
COMMISSIONER BERRY: See, Pam, maybe as an attorney
you view litigation different than I view it. But when somebody --
I take a lawsuit very seriously. And when you say you're going to
sue me, dear heart, you have just drawn the line in the sand and
we're going to draw swords, because we're going to duke it out
until one of us comes out the winner here.
COMMISSIONER MAC'KIE: And see, I see litigation as --
especially an environmental process, if you looked at the history
of environmental litigation, you'll see that there is often -- the
sides have to be drawn, the swords have to be drawn so that the
right solution can be met. But it is a part of the evolution of the
process. It's a part --
COMMISSIONER NORRIS:
COMMISSIONER MAC'KIE:
result.
CHAIRMAN CONSTANTINE:
Commissioner Norris.
Motion to approve.
-- of the evolution of the right
We have a motion from
Page 85
May 2, 2000
COMMISSIONER CARTER: I'll second it.
CHAIRMAN CONSTANTINE: And a second from
Commissioner Carter. Any further discussion?
Seeing none, all those in favor of the motion, please say aye.
Anybody opposed?
COMMISSIONER MAC'KIE: Aye.
CHAIRMAN CONSTANTINE: Motion carries 4-1.
Item #14
STAFF COMMUNICATIONS - RECONSIDERATION OF ACTION
TAKEN ON THE CONSENT AGENDA - APPROVED; AGENDA ITEM
#16B5 - WITHDRAWN
Staff communications. Mr. Olliff, anything for us today?
MR. OLLIFF: Yes, and unfortunately I hate to do this, but
there was one item that apparently did not make your change
list. It was a bid item. It was 16(B)(5). There was a timely bid
protest that was submitted. And if I could, I need to get the
board to back up and take two votes for me. I need a vote to
reconsider the consent agenda.
COMMISSIONER MAC'KIE: So moved.
CHAIRMAN CONSTANTINE: For a particular item on the
consent agenda?
MR. OLLIFF: To reconsider, because you made a single
motion on approval of the consent agenda. So if you will simply
vote to reconsider that motion on the consent agenda.
COMMISSIONER BERRY: I'll second that.
CHAIRMAN CONSTANTINE: Motion and a second. All those
in favor, state aye.
Anybody opposed?
(No response.)
MR. OLLIFF: The second item then would be to withdraw
Item 16(B)(5) from that consent agenda, and then reapprove the
consent agenda as modified.
COMMISSIONER MAC'KIE: So moved.
COMMISSIONER CARTER: Second.
CHAIRMAN CONSTANTINE: Motion and second from
Commissioner Carter. All those in favor, please state aye.
(Unanimous vote of ayes.)
Page 86
May 2, 2000
CHAIRMAN CONSTANTINE: Motion carries 5-0.
Anything else?
MR. OLLIFF: Only to let you know that we have also made a
selection on the support services administrator. A young lady
named Joanne Leamer, who I think you're going to find to be
very, very professional and good to work with. And I will try and
have her confirmation on your agenda next week. And if I can, I
will try and bring her so that you can meet her before that
meeting.
COMMISSIONER BERRY: She works with the Airport
Authority, right?
MR. OLLIFF: She does. She's the finance director of the
Airport Authority.
COMMISSIONER NORRIS: This is support services, you say?
MR. OLLIFF: Yes, sir.
MR. WEIGEL: No.
Item #15
BOARD OF COUNTY COMMISSIONERS' COMMUNICATIONS
COMMISSIONER BERRY: Just a quick question for Mr.
Weigel. Where are we on Miller Boulevard at this point? What's
the status of Miller Boulevard?
MR. WEIGEL: Well, the litigation is ongoing. My promise and
prediction was that we would be in court in the middle or latter
part of this summer, and that as far as that question on Miller
Boulevard is--
COMMISSIONER BERRY: Okay. I had gotten word there's
some -- is there a hearing or something concerning this coming
up?
MR. WEIGEL: No.
COMMISSIONER BERRY: There is not?
MR. WEIGEL: No.
CHAIRMAN CONSTANTINE: Commissioner Norris.
COMMISSIONER NORRIS: No.
COMMISSIONER MAC'KIE: Not a thing.
CHAIRMAN CONSTANTINE: Commissioner Carter, anything?
COMMISSIONER CARTER: Yes. A couple of things. First of
all, I want to congratulate Tom Storrar for being on our staff, and
Page 87
May 2, 2000
Leo Ochs to his new position.
And I would like to take this opportunity to thank Collier
County employees and the office of the Commission and all the
people of Naples for their support and prayers. I am sure this
has made a big difference in what I consider a very accelerated
recovery, and I'm going to be leaving here on Monday and be
back in Naples and will get to see all your smiling faces on
television next meeting.
CHAIRMAN CONSTANTINE: We look forward to it.
COMMISSIONER CARTER: Okay, thank you.
CHAIRMAN CONSTANTINE: Just a final note. I'm probably
going to be bringing up next week a discussion just actually for
some clarification from staff on some things regarding 111th
Avenue. There's some new information that's a little different
than what was presented, and I just want to clarify that. I don't
have -- I think there are some questions that can be answered
and there's some I'm not sure how they're going to be answered,
so I just intend to bring that on for brief item next week.
Other than that, Ms. Filson, do we have anything else?
MS. FILSON: No, sir.
CHAIRMAN CONSTANTINE: May we be excused?
MS. FILSON: Yes.
CHAIRMAN CONSTANTINE: Thank you.
***** Commissioner Norris moved, seconded by Commissioner
Mac'Kie and carried 4/0 (Commissioner Carter absent}, that the
following items under the Consent and Summary Agendas be
approved and/or adopted: *****
***** Commissioner Mac'Kie abstained on Item #16A7 *****
Item #16A1
COMMERCIAL EXCAVATION PERMIT NO. 59.703 "SR 846 LAND
TRUST COMMERCIAL EXCAVATION" LOCATED IN SECTIONS
1&2, TOWNSHIP 48 SOUTH, RANGE 27 EAST AND SECTIONS 35
& 36, TOWNSHIP 47 SOUTH, RANGE 27 EAST, BOUNDED ON THE
NORTH AND WEST BY LAND ZONED AGRICULTURAL, ON THE
SOUTH AND EAST BY LAND ZONED ESTATES, AND ON THE
WEST BY CR 846 AND THEN LAND ZONED AGRICULTURAL -
WITH STIPULATIONS
Page 88
May 2, 2000
Item #16A2
BID #00-3048, CONSTRUCTION OF ARTIFICIAL REEF AT
DOCTOR'S PASS - AWARDED TO MC CULLEY MARINE, INC. IN
THE AMOUNT OF $39.00 PER TON (NOT TO EXCEED $40,000
Item #16A3 - Moved to Item #8A2
Item #16A4
LETTER OF SUPPORT ON BEHALF OF THE SOUTHWEST FLORIDA
REGIONAL PLANNING COUNCIL AND ITS OVERALL ECONOMIC
DEVELOPMENT PROGRAM (OEDP)
Item #16A5
FLOOD MITIGATION CONTRACT WITH THE FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS (DCA}, TO SUPERVISE
REHABILITATION OF A REPETITIVE LOSS HOME LOCATED AT
2500 MONORCA AVENUE
Item #16A6
BUDGET AMENDMENT APPROPRIATING FUNDS FOR RETAINING
TELECOMMUNICATIONS CONSULTANT
Item #16A7
FINAL PLAT OF "INDIGO LAKES, UNIT 2" - SUBJECT TO
PERFORMANCE SECURITY, CONSTRUCTION AND MAINTENANCE
AGREEMENT AND STIPULATIONS
Commissioner Mac'Kie abstained.
Item #16B1 - Deleted
Item #16B2
WORK ORDER #TE-98-WM-10, WITH WILSON MILLER, INC. FOR
CONSTRUCTION ENGINEERING AND INSPECTION (CEI)
Page 89
May 2, 2000
SERVICES FOR INTERSECTION IMPROVEMENTS AT IMMOKALEE
ROAD (CR 846) AND RANDALL BOULEVARD - IN THE AMOUNT OF
$74~627
Item #16B3
PROPOSALS RECEIVED FOR BID NO. 99-3026 FOR THE
PURCHASE OF TWO TRACKHOES REJECTED; STAFF TO REBID
Item #16B4 - Withdrawn
BID #00-3050 FOR PELICAN BAY CATTAIL REMOVAL
Item #16B5 - Withdrawn
BID #90-3052 FOR PELICAN BAY STREETLIGHTS, SIGN POLES
AND LUMINARIES
Item #16B6
FOCUS ENGINEERING, INC. AND TKW CONSULTING ENGINEERS,
INC. TOP RANKED FIRMS FOR ENGINEERING SERVICES
RELATED TO PELICAN BAY FIRE/IRRIGATION WATER
IMPROVEMENTS FOR RFP-00-3051, PROJECT 74023 - STAFF TO
NEGOTIATE A PROFESSIONAL SERVICES AGREEMENT WITH
FOCUS ENGINEERING, INC.
Item #16B7 - Deleted
Item #16B8
STANDARDIZATION AND PURCHASE OF TRAFFIC RECORDERS
AND CHARGERS FROM TIMEMARK INCORPORATED - IN EXCESS
OF $25~000
Item #16B9 - Deleted
Item #16B10
WORK AUTHORIZATION UNDER PELICAN BAY SERVICES
Page 90
May 2, 2000
DIVISION'S CURRENT PROFESSIONAL ENGINEERING
AGREEMENT WITH WILSON, MILLER TO PREPARE THE
PRELIMINARY AND FINAL ASSESSMENT ROLL FOR THE PELICAN
BAY SERVICES DIVISION INFRASTRUCTURE - IN AN AMOUNT
NOT TO EXCEED $5~000
Item #16Bll
BID #00-3045 FOR ANNUAL CONTRACT FOR "JACK & BORE AND
DIRECTIONAL BORE OPERATIONS" - AWARDED TO CABANA
CONSTRUCTION CO., INC.; COMMUNICATION BY POIRE, INC.;
AND C & G DIRECTIONAL BORING, INC.
Item #16B12
RFP #99-3020, IMMOKALEE ROAD (C.R. 951 TO 43RD AVENUE NE)
FOUR LANE DESIGN - AWARDED TO CH2M HILL FOR
PROFESSIONAL ENGINEERING SERVICES - IN THE AMOUNT OF
$2,352,928
Item #16B13
BID #00-3060 FOR THE PURCHASE AND INSTALLATION OF
PELICAN BAY STREET SIGNS - REJECTED; TO BE RE-BID WITH
AN ALTERNATE DESIGN PROJECTED TO BE WITHIN THE
FUNDING ESTIMATE
Item #16B14
WORK ORDER ABB-FT-00-04 WITH AGNOLI, BARBER AND
BRUNDAGE, INC. FOR MONITORING OF CLAM PASS AND CLAM
BAY REQUIRED AS PART OF THE CLAM BAY RESTORATION AND
MANAGEMENT PLAN - IN THE AMOUNT OF $43,875
Item #16B15 - Deleted
Item #16B16
INTERAGENCY AGREEMENT BETWEEN COLLIER COUNTY AND
THE STATE OF FLORIDA DEPARTMENT OF CORRECTIONS,
Page 91
May 2, 2000
HENDRY CORRECTIONAL INSTITUTION, FOR CONTINUED USE
OF INMATE LABOR IN ROAD MAINTENANCE ACTIVITIES
Item #16B17
BID #00-3061 FOR SOUTH COUNTY REGIONAL WATER
TREATMENT FACILITY SLUDGE POND CLEAN-OUT - AWARDED
TO SUNSHINE EXCAVATORS, INC. IN THE AMOUNT OF $185,500
Item #16B18 - Deleted
Item #16B19 - Deleted
Item #16B20
AMENDMENT TO WORK ORDER #VB-99-03 WITH VANDERBILT
BAY CONSTRUCTION, INC., FOR THE CONSTRUCTION OF AN
ENTRY SIGN AT BAYSHORE DRIVE PROJECT NO. 66069 - IN THE
AMOUNT OF $3,960.44
Item #16B21
WORK ORDER #TBE-FT-00-03 WITH TAMPA BAY ENGINEERING,
INC. FOR TRAFFIC ANALYSIS AND SIGNING & MARKING DESIGN
FOR THE PROPOSED WIDENING OF VANDERBILT BEACH ROAD
FROM AIRPORT ROAD TO CR-951 (COLLIER BOULEVARD),
PROJECT NO. 63051, CIE #63 - IN THE AMOUNT OF $86,959.75
Item #16B22
CONTRACT FOR A COUNTY-WIDE GRADE SEPARATION STUDY
TO DETERMINE RATING CRITERIA AND DESIGN PARAMETERS-
AWARDED TO KIMLEY-HORN AND ASSOCIATES, INC. IN THE
LUMP SUM AMOUNT OF $248,300
Item #16B23
WORK ORDER NO. SMT-FT-00-05, WITH SOUTHERN MAPPING
TECHNOLOGY, INC. FOR RIGHT OF WAY MAPPING AND CROSS
SECTION SURVEY FOR THE PROPOSED WIDENING OF
Page 92
May 2, 2000
VANDERBILT BEACH ROAD FROM AIRPORT ROAD TO CR-951
(COLLIER BOULEVARD), PROJECT NO. 63051, CIE #63 - IN THE
AMOUNT OF $81~005
Item #16B24 - Deleted
Item #16B25 - Deleted
Item #16B26
AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH
METCALF & EDDY, INC., RELATED TO THE NORTH COUNTY
REGIONAL WATER TREATMENT PLANT, CONTRACT 95-2323,
PROJECT 70887, 70890 AND 70859 - IN THE AMOUNT OF
$367,330
Item #16B27
AMENDMENT TO WORK ORDER HAA-FT-00-02 WITH HARTMAN &
ASSOCIATES, INC., FOR ENGINEERING SERVICES RELATED TO
NOISE ISSUES AT THE NORTH COUNTY REGIONAL WATER
TREATMENT PLANT, PROJECT 70063 - IN THE AMOUNT OF
$52,510
Item #16B28 - Deleted
Item #16B29
RFP #00-3046, "SOLID WASTE CHARACTERIZATION AND
PROGRAM ANALYSIS" - STAFF TO BEGIN NEGOTIATIONS WITH
MALCOLM PIRNIE AND CAMP DRESSER & MCKEE
Item #16C1
BID #00-3059, RENOVATION OF SOCCER FIELDS & BALL FIELDS
AT VINEYARDS AND MAX HASSE PARKS - AWARDED TO
TURFMASTER FOR A TOTAL AMOUNT OF $56,819.50
Item #16D1
Page 93
May 2, 2000
SATISFACTIONS OF CLAIM OF LIENS FOR WATER AND/OR
SEWER SYSTEM IMPACT FEES
Item #16D2
SATISFACTIONS OF NOTICE OF PROMISE TO PAY AND
AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER
SYSTEM IMPACT FEES
Item #16D3
SATISFACTION OF LIENS FOR THE ABATEMENT OF NUISANCES
AS DETAILED IN THE EXECUTIVE SUMMARY
Item #16D4
RESOLUTION 2000-122, APPROVING SATISFACTION OF LIENS
FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1992
SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL
ASSESSMENTS
Item #16D5
RESOLUTION 2000-123, APPROVING SATISFACTION OF LIENS
FOR CERTAIN 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
Item #16D6
RESOLUTION 2000-124, APPROVING SATISFACTION OF LIENS
FOR CERTAIN RESIDENTIAL ACCOUNTS WHEREIN THE COUNTY
HAS RECEIVED PAYMENT AND SAID LIENS ARE SATISFIED IN
FULL FOR THE 1991 SOLID WASTE COLLECTION AND DISPOSAL
SERVICES SPECIAL ASSESSMENTS
Item #16D7
RESOLUTION 2000-125, APPROVING SATISFACTION OF LIENS
Page 94
May 2, 2000
FOR CERTAIN 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
Item #16D8 - Deleted
Item #16D9
BUDGET AMENDMENT FROM MSTD GENERAL FUND RESERVES
TO THE DEPARTMENT OF PUBLIC INFORMATION TO PURCHASE
CAMERA EQUIPMENT FOR THE BOARDROOM
Item #16D10
BUDGET AMENDMENT FOR ADA IMPROVEMENTS FOR A CIRCUIT
JUDGE AND BETTER UTILIZATION OF SPACE IN THE HEALTH
AND PUBLIC SERVICES BUILDING
Item #16D11
RFP #00-3041, "ANALYTICAL LABORATORY SERVICES -
AWARDED TO POST, BUCKLEY, SCHUH & JERNIGAN AS
PRIMARY VENDOR AND U.S. BIOSYSTEMS AS SECONDARY
VENDOR
Item #16E1
BUDGET AMENDMENTS 00-196-197; 00-200-201; AND 00-213
Item #16H1
MISCELLANEOUS CORRESPONDENCE - FILED AND/OR REFERRED
The following miscellaneous correspondence, as presented
by the Board of County Commissioners, has been directed to the
various departments as indicated:
Page 95
BOARD OF COUNTY COMMISSIONERS
MISCELLANEOUS CORRESPONDENCE
MAY 2, 2000
FOR BOARD ACTION:
1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED:
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:
A. March 30 - April 05, 2000
Districts:
A. South Florida Water Management District - Comprehensive Annual Financial
Report including Audit and Bond Information and the related Management Letter
and Response for FYE 03/30/99; Schedule of District's Governing Board
Meetings; and District Map
B. Port of the Islands Community Improvement District - Minutes of February 17,
2000 Board of Supervisors
C. South Florida Water Management District - Public Facilities Report Update
D. Heritage Greens Community Development District - Minutes of December 15,
1999 meeting by the Board of Supervisors
Minutes:
A. Rural Fringe Assessment Area Oversight Committee - Agenda for March 22,
2000 and April 5, 2000 meetings and minutes of March 22, 2000 meeting
B. Collier County Planning Commission - Agenda for March 16, 2000 meeting
C. Parks and Recreation Advisory Board - Agenda for March 22, 2000 meeting and
minutes of February 23, 2000 meeting
D. Golden Gate Estates Land Trust Committee - Agenda for March 27, 2000
meeting
E. Library Advisory Board - Minutes of February 23, 2000 meeting
F. Lake Trafford Restoration Task Force - Agenda for April 20, 2000 meeting and
minutes of February 7, 2000 meeting
' I I A(~'~'~DA .ITE~
NO. ,/~
Pg.
o 2 2000
/
mo
Jo
ro
Co
Historical/Archaeological Preservation Board - Minutes of March 17, 2000
meeting
Bayshore Beautification Advisory Committee - Agenda for April 5, 2000 and
minutes of March 1, 2000 meeting.
City/County Beach Renourishment Advisory Committee - Agenda for April 6,
2000 meeting
Collier County Planning Commission - Agenda for April 6, 2000 and minutes of
January 20, 2000 meeting
Pelican Bay MSTBU Advisory Committee - Agenda for April 5, 2000 and
minutes of March 1, 2000 meeting
Lely Golf Estates Beautification Advisory Committee - Agenda for April 14,
2000 and minutes of March 10, 2000 meeting
No. /'6,
MAY o 2 zooo
P9.
May 2, 2000
Item #1611
LEASE AGREEMENT WITH WILLIAM F. HINIKER AND CAROLE
ANN HINIKER FOR OFFICE SPACE AT CORPORATE SQUARE ON
RADIO ROAD TO BE USED BY THE SHERIFF'S OFFICE - FOR THE
ANNUAL RATE AMOUNT OF $19,200
Item #16J1
STIPULATED FINAL JUDGMENT RELATIVE TO THE EASEMENT
ACQUISITION ON PARCEL NO. 111 IN THE LAWSUIT ENTITLED
COLLIER COUNTY V. JOSE L. REY, ET AL., CASE NO. 99-3683-CA
(GOLDEN GATE BOULEVARD BETWEEN C.R. 951 AND WILSON
BOULEVARD)
Item #16K1
ECONOMIC DEVELOPMENT ADMINISTRATION (EDA) GRANT FOR
THE COLLIER COUNTY AIRPORT AUTHORITY (CCAA) IN THE
AMOUNT OF $1,230,000
Item #17A
RESOLUTION 2000-126, RE PETITION VAC-00-006, TO VACATE
PORTIONS OF INGRESS, EGRESS, DRAINAGE, UTILITY, COUNTY
UTILITY, TEMPORARY DRAINAGE AND TEMPORARY
TURNAROUND EASEMENTS BEING PORTIONS OF THE PLATS
"TOLLGATE COMMERCIAL CENTER PHASE TWO" AND
"TOLLGATE COMMERCIAL CENTER PHASE THREE"; AND
ACCEPTANCE OF ALTERNATE DRAINAGE AND UTILITY
EASEMENTS
Page 96
May 2, 2000
There being no further business for the good of the County,
the meeting was adjourned by order of the Chair at 12:05 p.m.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DISTRICTS UNDER ITS CONTROL
TIMO~Y J. CI~)~ISTANTINE, ~HAIRMAN
ATTEST:
DWIGHT E. BROCK, CLERK
These minutes a~proved by the Board on ~~, as
presented~/ or as corrected .
TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT
REPORTING SERVICE, INC., BY CHERIE' R. LEONE, NOTARY
PUBLIC
Page 97