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BCC Minutes 06/26/2001 RJune 26, 2001 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, June 26, 2001 LET IT BE REMEMBERED, that the Board of County Commissioners in and for the County of Collier, and also acting as the Board of Zoning Appeals and as the governing board(s) of such special districts as have been created according to law and having conducted business herein, met on this date at 9:07 a.m. in REGULAR SESSION in Building "F" of the Government Complex, Naples, Florida, with the following members present: CHAIRMAN: James D. Carter, Ph.D. Jim Coletta Pamela S. Mac'Kie Tom Henning ABSENT: Donna Fiala ALSO PRESENT: Tom Olliff, County Manager David Weigel, County Attorney John Dunnuck, Community Development Thomas Storrar, Emergency Services Page 1 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA June 26, 2001 NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. COLLIER COUNTY ORDINANCE NO. 99-22 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS". ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5) MINUTES UNLESS PERMISSION FOR ADDITIONAL TIME IS GRANTED BY THE CHAIRMAN. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (941) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1 June 26, 2001 INVOCATION AND PLEDGE OF ALLEGIANCE A. Pastor Hayes Wicker, First Baptist Church of Naples AGENDA AND MINUTES A. Approval of today's regular, consent and summary agenda as amended B. June 5, 2001 - Workshop Meeting C. June 6, 2001 - Special Meeting PROCLAMATIONS A. Proclamation to recognize the Collier County Sheriff's Office Senior Services Unit as the "2001 Golden Appreciation Helen K. Fallert Award Recipient". To be accepted by Sgt. Rosa White and/or Sgt. Mike Wittenberg. SERVICE AWARDS A. Five Year Award: 1) Joel Fernandez, Transportation B. Ten Year Award: 1) Elizabeth Nagengast, Library C. Fifteen Year Award: 1) Ann Marie Saylor, Public Utilities D. Twenty Year Award: 1) Diane Flagg, Emergency Services 2) Millie Kelley, Wastewater Laboratory PRESENTATIONS A. Report from Ideas Team on Martin County visit. PUBLIC PETITIONS AND COMMENTS ON GENERAL TOPICS A. Mr. Herb Luntz regarding 4th of July Parade. B. Presentation from Mr. Ronald Scott, Past President of Collier County Veteran Council. 2 June 26, 2001 Mr. Mike Davis requesting Board of County Commissioners consideration for the creation of an MSTU for roadway improvements for Arnold and Mercantile Avenues. Mr. Mike Volpe speaking on behalf of Mr. Keith Basik requesting a private road entrance off Goodlette-Frank Road. Request by Mr. James Carr to have the Board of County Commissioners consider waiving impact fees for a guest house located at 681 15th Street SW. Request by Mr. William L. Hoover on behalf of Mr. Larry Gode to have the BCC consider granting credit for previously paid application fees and reapplying for a standard rezoning. Ms. Cheryle L. Newman requesting an interpretation by the Board of County Commissioners regarding "Outside Storage" in C4 Zoned areas. H. Public Comment on General Topic. BOARD OF ZONING APPEALS This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition RZ-2001-AR-451, Walter H. Rascher, Jr. and Lisa J. Rascher representing Ester and Francis Rascher, requesting a rezone from its current zoning classification of "A" Rural Agricultural to "RSF-3" Residential Single Family District. The subject property is located on the North side of Polly Avenue approximately one half a mile North of Rattlesnake Hammock Road in Section 16, Township 50 South, Range 26 East, Collier County, Florida. This site consists of 4.55 acres. (Chahram Badamtchian, Planning Services Department) This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. VA-2001-AR-584, Ruth B. Williams, Architect, representing Carole L. Mendelsohn, requesting a 2-foot variance from the required 20-foot side yard setback on the East side to 18 feet for property located at 4388 Butterfly Orchid Lane, further described as Lot 10, Block D, Quail Creek Unit One, in Section 17, Township 48 South, Range 26 East, Collier County, Florida. (Fred Reischl, Planning Services Department) ADVERTISED PUBLIC HEARINGS Request that the Board of County Commissioners adopt an Ordinance to amend Ordinance No. 99-67 which established the Mediterra South Community Development District (CDD), adding approximately 210 acres to the existing boundaries of the Mediterra South CDD. (Stan Litsinger, Comprehensive 3 June 26, 2001 10. Planning Manager) Recommendation to amend the Collier County Animal Control Ordinance. (Leo Ochs, Public Services Administrator) Recommendation that the Board of County Commissioners approve the attached ordinances creating three new Horizon Committees for Health and Human Services, Community CharactedSmart Growth, and Workforce Housing. (Tom Olliff, County Manager) BOARD OF COUNTY COMMISSIONERS Appointment of members to the Golden Gate Estates Master Plan Ad Hoc Committee. (Sue Filson, Administrative Assistant to BCC) Appointment of member to the Hispanic Affairs Advisory Board. (Sue Filson, Administrative Assistant to BCC) Appointment of members to the Black Affairs Advisory Board. (Sue Filson, Administrative Assistant to BCC) COUNTY MANAGER'S REPORT Adopt Resolution naming an artificial reef in Honor of Sgt. Jeff Klein. (John Dunnuck, Interim Community Development Administrator) Request for policy direction regarding the use of State Housing Initiative Partnership (SHIP) Funds. (Greg Mihalic, HUI Director) This item has been deleted. Approve agreement for sale and purchase of 229 +/- acres of land in Collier County in conjunction with the District School Board of Collier County for construction of a county park on 129 +/- acre site. (Maria Ramsey, Parks and Recreation Director) Report on Request for Additional Information (RFAI) for long-term and complementary Solid Waste Assessment for Collier County. (Jim Mudd, Public Utilities Administrator) This item has been deleted. Staff review and recommendations relative to Ordinance No. 91-31, as amended, also known as the Waterford Estates PUD, which, according to the required PUD status report submitted by the property owner/agent, has not commenced construction, as defined in Section 2.7.3.4 of the Collier County Land 4 June 26, 2001 11. 12. 13. 14. 15. Development Code, resulting in several possible courses of action for the Board of County Commissioners to consider. (Susan Murray, Current Planning Manager) AIRPORT AUTHORITY COUNTY ATTORNEY'S REPORT Reimbursement of filing fees to candidates for the Pelican Bay Services District Board of Supervisors. (David Weigel, County Attorney) Oral report on status of Miller Boulevard Extension Litigation - Marshall v. Collier County, Case No. 99-2009-CA, now pending in the Circuit Court for Collier County, Florida, and recommendation that the Board postpone consideration of settlement until July 31,2001. (David Weigel, County Attorney) OTHER CONSTITUTIONAL OFFICERS Request Board approval for expenditures for renovations to 2373 Horseshoe Drive and Building J. (Don Hunter, Sheriff) STAFF AND COMMISSION GENERAL COMMUNICATIONS FUTURE AGENDAS m m mm m m mm m mm m mm m mm m mm m m mm ! ! ! ! m m m mm mm m m mm m m mm m mm m m m mm mm mm! m mm! m mm m mm m m mm m mm m m m m mm! ! ! m m mm ! ! m m mm mm ! mm! m ! m m mm ! m ! ! m ! m m m m m m m m m m m m mm m m 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Request by the Florida Finance Corporation for approval of a Resolution authorizing the corporation to issue Industrial Development Revenue Bonds to be used to finance a manufacturing facility within Collier County on behalf of Air Technology Engine, Incorporated. 2) Request to approve for recording the final plat of "Cedar Hammock-Unit 4" and approval of the standard form construction and maintenance agreement and approval of the amount of the performance security. 3) Request to approve for recording the final plat of "Quail West Phase III, Unit Three" and approval of the standard form construction and maintenance agreement and approval of the amount of the performance 5 June 26, 2001 4) 5) 6) 7) 8) 9) 10) 11) 13) 14) 15) security. Final acceptance of Water Utility Facilities for Charleston Square. Request by the Salvation Army to allow under a temporary use permit the retention of a tent structure for a period of more than 28 calendar pursuant to Section 2.6.33.6 of the LDC on property referred to as 3180 Estey Avenue. Request that the Board of County Commissioners set a public hearing date for February 12, 2002 for consideration of a Development of Regional Impact Development Order for Petition DRI-2000-01, Heritage Bay located in Sections 13, 14, 23 and 24, Township 48 South, Range 26 East Collier County, Florida. Request to approve for recording the final plat of "Classics Plantation Estates, Phase 1" and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the performance security. Request to approve for recording the final plat of "Regent Lake" and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the performance security. Request to approve for recording the final plat of "Mediterra Golf Course Phase One". Request to approve for recording the final plat of "Mediterra Golf Course Phase Two". Request to approve for recording the final plat of "Mediterra Golf Course Phase Three". This item has been deleted. Request to approve for recording the final plat of "Sherwood Park Two" Request to approve for recording the final plat of "Mediterra Parcel 112" and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the performance security/subject to stipulations. Approve the Statutory Exchange of Public Property for Private Property enabling the County to construct a parking facility to accommodate the County's parking needs for its Horseshoe Drive Facilities. 6 June 26, 2001 16) Approve an Intergovernmental Agreement with the Department of Environmental Protection to provide greater customer service relating to environmental permitting. 17) Recommendation that the Board of County Commissioners adopt Resolution authorizing the Director of the Code Enforcement Department to compromise and settle certain Code Enforcement liens and to execute and record documents and to take certain acts necessary for the implementation of this authority. Staff review and recommendations relative to Ordinance No. 95-68, as amended, also known as Airport Plaza PUD, which, according to the required PUD status report submitted by the property owner/agent, has not commenced construction, as defined in Section 2.7.3.4 of the Collier County Land Development Code, resulting in several possible courses of action for the Board of County Commissioners to consider. 19) 2001 Amended Tourism Agreement between Collier County and the Marco Island Film Festival regarding the October 2001 Event. 2o) Request to approve for recording the final plat of "Valencia Lakes Phase 2-A" and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the performance security/subject to stipulations. 21) Adoption of a Resolution establishing an Official Administrative Procedures Manual for the Collier County consolidated Impact Fee Ordinance. (Copies of the Administrative Procedures Manual are available for viewing at Development Services Center, County Manager's Office and the Office of Public Information.) 22) Recommendation to approve criteria for establishing new district boundaries for the Board of County Commissioners. 23) Adopt Resolution acknowledging Collier County's Local Communications Services Tax Conversion Rate set forth in Florida's Communications Services Tax Simplification Law while opting to continue to locally collect rights-of-way permit fees. TRANSPORTATION SERVICES 1) Resolution to establish a "No Parking" Zone along the Eastern Right-of- Way of Spruce Street between US 41 (SR 90) and Washington Avenue as platted in Inomah Subdivision, Plat Book 2, Page 82. 7 June 26, 2001 2) 3) 4) 5) 6) 7) 8) 9) A Resolution of the Collier County Board of County Commissioners adopting the Disadvantaged Business Enterprise (DBE) Program. Authorize staff to evaluate the opportunity for and if feasible develop a plan for a Municipal Services Benefit and/or Taxing Unit for the improvements to Whippoorwill Lane including the East/West connection to Livingston Road. Approve Work Order No. BRC-FT-01-05 with Better Roads Inc., for intersection improvements at Collier Boulevard (CR 951) and Davis Boulevard, Project No. 60016. Approve Supplemental Agreement No. 9 for Professional Engineering Services by Ch2Mhill for the construction of Pine Ridge Road/CR896 widening (six laning), from Airport-Pulling Road/CR31 to Logan Boulevard, Project No. 60111; CIE No. 41. Approve award of Bid #01-3222 for an annual contract for the sale of mitigation credits to the County. Approve Contract Amendment No. 1 for Professional Engineering Services by Wilson Miller, Inc. for Pine Ridge Road widening from Airport Road to Logan Boulevard, Construction Project No. 60111, CIE No. 41. Approve Work Order No. BRC-FT-01-03 with Better Roads Inc. for intersection improvements at Santa Barbara Boulevard and Golden Gate Parkway, Project No. 60016. Approve a contract with Big Cypress Mitigation Bank as Iow bidder for the Livingston Road-North project wetland impacts, Collier County Project No. 65041. Adopt a Resolution authorizing the acquisition by gift or purchase of perpetual, non-exclusive road right-of-way, drainage, utility and maintenance easements and perpetual, non-exclusive slope and utility easements for the construction of roadway improvements for the Phase One Whippoorwill Lane Project from Pine Ridge Road South a distance of approximately one (1) mile (Project No. 60054). Approve Developer Contribution Agreement with First Baptist Church for road impact credits subject to developer complying with all conditions of the agreement imposed by the County. Adopt the Resolution amending the policy establishing the Collier County Access Management System for arterial and collector roadways. 8 June 26, 2001 C= 13) Approve Cash Bond Agreement for the completion of the roadway improvements for the South road as required by the Creekside Commerce Park PUD with Creekside West, Inc. 14) Recommendation that the Board of County Commissioners award Bid #01-3239 for Pelican Bay Streetscape Irrigation System Phase I and II to Collier Irrigation Service, Inc., and approve the Chairman to execute the contract documents upon attorney review. 15) Approve to replace the Paratransit Vehicle totaled in a collision on November 23, 1999. 16) Approve Cash Bond Agreement for the completion of the roadway improvements for the South road as required by the Granada Shoppes PUD with Ocean Boulevard Partnership I1. 17) Report to the Board on the results of the Annual Countywide Traffic Signal Warrant Study and Intersection Improvement Program. 18) 2002-2006 Update to the Public Transportation Development Plan (PTDI) 19) A Resolution of the Collier County Board of County Commissioners adopting the System Safety Program (SSPP) and approving the Drug Free Workplace Policies for Transportation Disadvantaged and General Public Transit System. 20) Approve the Metropolitan Planning Organization (MPO) Budget for Grant Year 2001-2001. PUBLIC UTILITIES 1) Board approval of Budget Amendment recognizing positive revenue variance in the Pollution Control Fund (108). 2) Acceptance of utility easement for the installation of a water main to service the Naples Gateway PUD. 3) Award RFP 00-3113 for the purchase of integrated utility billing software system, authorize contract negotiations, and authorize the Chairman to execute the contract. 4) Approval and execution of Satisfactions of Notice of Promise to Pay and Agreement to Extend Payment of Water and/or Sewer System Impact Fees. 9 June 26, 2001 5) 6) 7) 8) 9) 11) 12) 13) 14) 15) 16) Waive Formal Competition and Approve the Purchase of 25 Remote Transmitting Units from Data Flow Systems, Inc. for monitoring Wastewater Lift Stations. Approval of Budget Amendment for the North Regional Water Treatment Facility Cost Center. Approve contribution of $15,000 to the South Florida Water Management District for a Master Plan Study for the lower West Coast Regional Irrigation System. Approve Work Order CDM-FT-01-02 for utility engineering services related to improving wellfield reliability. Award a contract to Mitchell and Stark Construction Company, Inc., to upgrade the Pelican Bay Wellfield, Booser Station and Master Flow Meter, Bid 01-3238, Project 74039. Approval of Contract GC623 with the Florida Department of Environmental Protection (FDEP). Adopt a Resolution approving the Satisfaction of Liens for Solid Waste Residential Accounts wherein the county has received payment and said liens are satisfied in full for the 1996 Solid Waste Collection and Disposal Services Special Assessments. Approve a Budget Amendment of $55,600 to fund the 2001 Water, Wastewater and Reuse Rate Study for Public Utilities. Request approval of the Associated Budget Amendment for building improvements and to correct safety issues for the Naples Landfill Scalehouse. Approve a construction work order for the relocation of water and sewer mains related to the Florida Department of Transportations widening of U.S. 41 from Rattlesnake Hammock Road to Barefoot Williams Road, Projects 70045 and 73045. Approve the Satisfaction of Lien documents filed against Real Property for abatement of nuisance and direct the Clerk of Courts to record same in the Public Records of Collier County, Florida. Request approval to waive formal competition and approve purchase of Carolina Software for landfill scalehouse operations and approve associated Budget Amendment. 10 June 26, 2001 17) Adopt a Resolution approving the Satisfaction of Liens for Solid Waste Residential Accounts wherein the County has received payment and said liens are satisfied in full for the 1992 Solid Waste Collection and Disposal Services Special Assessments. Adopt a Resolution approving the Satisfaction of Liens for Solid Waste Residential Accounts wherein the County has received payment and said liens are satisfied in full for the 1995 Solid Waste Collection and Disposal Services Special Assessments. 19) Adopt a Resolution approving the Satisfaction of Liens for Solid Waste Residential Accounts wherein the County has received payment and said liens are satisfied in full for the 1994 Solid Waste Collection and Disposal Services Special Assessments. 20) Adopt a Resolution approving the Satisfaction of Liens for Solid Waste Residential Accounts wherein the County has received payment and said liens are satisfied in full for the 1993 Solid Waste Collection and Disposal Services Special Assessments. 21) Approve one new position within the Public Utilities Engineering Department-Communication Systems Manager. 22) Approval of Budget Amendment to cover unanticipated expenses in the Water Distribution Cost Center. PUBLIC SERVICES 1) Accept title from Collier Cultural and Educational Center, Inc., to property to be used for the future "Lely Amphitheater". 2) Approve a Lease Agreement between Collier County and Sprint for use of County-Owned Property at the Cocohatchee River Park for a Communications Tower. 3) Approve a Budget Amendment for the increase in Medicaid Waiver Revenue and Program Costs. 4) Authorization to accept funds to increase hours for 4H Program Outreach Coordinator. 5) Give approval to apply for a Grant from Florida Communities Trust Florida Forever Grant Program. 11 June 26, 2001 6) Approve an eight month suspension of the design and construction of a neighborhood park within Livingston Woods. 7) Approve a Resolution authorizing the activities and practices of various volunteer organizations within the Public Services Division. 8) Approve a Resolution authorizing the Chairman to enter into a lease agreement with the Florida Department of Transportation. 9) Approve an agreement with Collier Sports Officials Association, Inc. for the purpose of providing sports officials for county sponsored activities. 10) Approve an Interlocal Agreement with the City of Everglades for the Community Center Skate Park Project. SUPPORT SERVICES 1) Approve Budget Amendment to appropriate reserves from the Motor Pool Capital Recovery Fund (522) to refurbish an ambulance to meet new State ambient air and drug temperature control requirements, add safety and patient comfort features, and perform paint and body work. 2) Waive requirements for formal bid process by utilizing the services of the general contractor presently constructing the Golden Gate Government Services Center to construct the Golden Gate Sheriff's Substation. 3) Award RFP #01-3205, Employment Advertising Placement Services, to Nationwide Advertising Services and authorize staff to negotiate agreement with selected vendor. 4) Request authority to award RFP 00-3188 and authorize staff to commence negotiations with the top-ranked firm(s). 5) Award contract for architectural services for programming and design of the Courthouse Annex, Parking Garage, Chilled Water Plant Expansion and Associated Vehicular and Pedestrian Circulation and Site Work, RFP fl3173. 6) Approve Budget Amendment to increase appropriations for fuel and parts, and recognize associated revenues in Fleet Management Administration Fund (521). EMERGENCY SERVICES 1) Agreement approval and adoption of Resolution authorizing the acceptance of said agreement between the State of Florida, Department 12 June 26, 200'1 of Community Affairs and Collier County for funds to be used for shelter enhancement at Barron Collier High School. 2) Award Bid No. 01-3212 for the purchase of medical equipment for the Emergency Medical Services Department. COUNTY MANAGER 1) Request authorization for the County Manager to approve consent and emergency agenda items during the Board's scheduled recess. 2) Approval of Budget Amendment Report - Budget Amendment #01-342; #01-345. 3) Authorize the County Manager to reduce or waive certain Public Service Division and Community Transportation Fees for limited promotional programs. AIRPORT AUTHORITY BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE 1) Satisfaction of Lien: NEED MOTION authorizing the Chairman to sign Satisfaction of Lien for Services of the Public Defender for Case Nos.: 96~ 975-CFA, 97-309-CFA, 98-6724-MMA, 97-10249-COA, 85-325-CFA, 85325-CFA, 9900394MMA, 0004107MMA, 83-584TMC, 0001487MMA, 0002980MMA 99-7086MMA, 0001058MMA, 0004344MMA. 9910341MMA 9803828MMA, 9909526MMA, 0002830MMA 0003843MMA 0004481MMA, 0003777MMA, 9905083MMA 9908634MMA 9910076MMA, 0006214MMA, 0005703MMA 9800171CFA 0005858MMA, 9909507MMA, 0004299MMA 9708520MMA 9807864MMA, 9900898MMA, 0002211MMA 9909165MMA 9910774MMA, 81-1465-MM-A-42, 9900895MMA, 9708884MMA 0004615MMA, 9800831MMA, 9501693CFA, 9501699CFA, 9501700CFA 9501701CFA, 9501488CFA, 0002330MMA, 9900502MMA, RECOMMEND APPROVAL. 2) Miscellaneous items to file for record with action as directed. OTHER CONSTITUTIONAL OFFICERS 1) State Criminal Alien Assistance Program (SCAAP) 2001 Delegation Letter. 13 June 26, 2001 17. 2) Fiscal Year 2001 Local Law Enforcement Block Grant Program. L. COUNTY ATTORNEY 1) Authorize the making of an Offer of Judgment to Respondents, Jose and Jenny Rey, for Parcel 101B in the amount of $10,058.00 in the lawsuit styled Collier County v. Jose L. Rey, et al, Case No. 99-3683-CA (Golden Gate Boulevard, Project No. 63041). 2) Approve the stipulated final judgment relative to the easement acquisition of Parcel 136 in the lawsuit entitled Collier County v. Frank V. Kralik, Trustee, of the Frank V. Kralik Revocable Trust Dated February 14, 1998, et al, (Pine Ridge Road Project No. 60111 ). 3) Approve the stipulated final judgment relative to the easement acquisition of Parcel 127 in the lawsuit entitled Collier County v. James R. Colosimo, Trustee, under unrecorded Land Trust Agreement Dated 12/10/92, et al, (Pine Ridge Road Project No. 60111 ). 4) Recommendation that the Board approve and authorize the Chairman to execute a continuing Retention Agreement for services on an "as needed" basis with the Law Firm of Allen, Norton and Blue, P.A., to meet County purchasing policy contract update requirements. 5) Approve the stipulated final judgment relative to the easement acquisition of Parcels 108 and 708 in the Lawsuit entitled Collier County v. Community School of Naples Inc., et al, (Pine Ridge Road Project No. 60111) 6) Board approval of Resolution ordering and calling a Special Election to fill vacancies on the Lely Community Development District Board of Supervisors. 7) Approve the Stipulated Final Judgment relative to the easement acquisition of Parcel 162 in the Lawsuit entitled Collier County v. Russell Baisley, et al, (Livingston Road, Project No. 60071 ). SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED 14 June 26, 2001 TO SPEAK IN OPPOSITION TO THE ITEM. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition AVPLAT2001-AR711 to disclaim, renounce and vacate the County's and the public's interest in a portion of the drainage easement located on Lot 9, according to the Plat of "Barefoot Bay" as recorded in Plat Book 35, Pages 61 through 62, Public Records of Collier County, Florida, and to accept a relocated drainage easement on a portion of Lot 1 of said "Barefoot Bay" located in Section 6, Township 48 South, Range 25 East. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition VA-2001-AR-528, John S. McGarvey from Westlink Associates, LLP requesting a 4-foot after-the-fact variance from the required side yard setback of 24-feet to 20-feet for a single- family residence for a property located at 4437 Brynwood Drive in Quail West Development. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition PUDA-01-AR-546, Mr. Don Cahill, representing the Barefoot Beach Property Owners Association, requesting an amendment to the Lely Barefoot Beach PUD having the effect of increasing the maximum building height from two stories to three stories with a maximum of 70 feet above the minimum base flood elevation for property located within the Lely Barefoot Beach PUD and West of Barefoot Beach Boulevard in Sections 6, 7, and 8, Township 48 South, Range 25 East, Collier County, Florida. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition PUDA-01-AR-488, Mr. Tim Hancock, representing HB Holdings of SW Florida, LLC, requesting an amendment to the DaVinci Estates in Olde Cypress PUD having the effect of allowing project entry signs to be located a minimum of 5 feet from the back of curb of any private access drive, reducing the minimum rear yard setback from 25 feet to 20 feet and to reduce the front yard setback from 20 feet to 10 feet only for a side entry garage while maintaining the 20 foot setback for the principal structure for property located North of Immokalee Road (CR 846) and approximately 1.3 miles East of 1-75 in Section 21, Township 48 South, Range 26 East, Collier County, Florida. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition CU-2001-AR-478, Jeff Merz from Voicestream Wireless representing Collier County Emergency Management Services (EMS) requesting a Conditional Use for communications tower on a parcel of land zoned "C-1" Commercial Professional District for property at the intersection of Golden Gate and Coronado Parkway in Golden Gate City, and is further described as Lot 1.1, Block 115, Golden Gate City Unit 4, this parcel 15 June 26, 2001 consists of approximately 2.5 acres and contains the Golden Gate Fire and Rescue Building. Fw Adopt an Ordinance repealing Ordinance No. 91-10, as amended, and reestablishing the County Government Productivity Committee; changing membership and quorum requirements of the committee. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. 16 June 26, 2001 June 26,2001 Item #2A REGULAR, CONSENT AND SUMMARY AGENDA- APPROVED AND/OR ADOPTED WITH CHANGES CHAIRMAN CARTER: I hereby call to order this meeting of the Continental Congress. No, in all seriousness this morning, I would like our museum colonial color guard to come front this morning and line up with us as we do the invocation and pledge of allegiance. We had a wonderful ceremony about 8:30 in front of the courthouse celebrating the beginning of our 4th of July Festival. The grand opening will be July 4th, as you know, and run through the 7th. Herb Luntz has done an amazing job. And since this is the last commission meeting prior to that, we wanted to respectfully honor our birthday of American, two centuries plus. The shots fired on the Lexington Concord Road started that quest for freedom, and today we have reaped the benefits of that freedom, and let us never forget all those who have paid a very dear price so we can sit here and gather this morning and conduct business as a government elected by the people. So with that we can have the invocation this morning by the director of single-parent ministry, Jim Hill, from the First Baptist Church of Naples, followed by the pledge of allegiance. MR. HILL: Good morning. Our Lord, we thank you so ever much for allowing us the blessing of living in such a beautiful community, Lord, and for the freedom that we have in this nation. Lord, may we never, never forget the price that was paid by those that went before us who even paid the ultimate price of their lives. Lord, may we never forget it, and may we never drop our guard and Page 2 June 26, 2001 never take it for granted. Lord, may we cherish our freedoms and may we guard them diligently. Lord, we thank you for these people that have come out here today, Lord, to experience some of that freedom of government and our form of democracy. Lord, we pray right now that you will just bless the people that have given of their lives and their time and talents to lead us. Lord, we pray right now that you would grant them wisdom above and beyond their own. Lord, help them with the discernment and direction in the way that our community should go. Lord, we thank you for the diversity of our country and our community; diversity in beliefs, diversity in culture, diversity of ideas. Lord, we thank you so much for that diversity. But, Lord, we pray that we will come together and strive together for common ground, for righteousness and justice. Lord, that we may see the things that come out of this complex here today and in the future -- Lord, there will be things that will unite us and make us stronger and make us proud to call this home. Lord, we ask now that you bless everything that's said and done here today. In Jesus's name we pray. Amen. CHAIRMAN CARTER: Amen. (The pledge of allegiance was recited in unison.) CHAIRMAN CARTER: Mr. Abbott, would you like to say just a few words about the -- COMMISSIONER MAC'KIE: At the microphone. CHAIRMAN CARTER: Step up to the microphone, and honor our colonial color guard just a moment, and then we will continue to conduct business in front of this commission. MR. ABBOTT: The museum's colonial guard, as you can see, is up here. We're dressed in the uniforms of the First of North Carolina. It would be the same unit from Georgia or South Carolina. This is the original U. S. Army of 1779. We're either members of the Page 3 June 26, 2001 Friends of the Museum or the museum staff up here today, and we're going to be proud to host the county float or even, too, in the 4th of July parade. Thank you very much. (Applause.) MR. ABBOTT: Okay. File out, guys. CHAIRMAN CARTER: Thank you, Charlie. All right. Just to remind you that the County Commission is very, very serious business. That was a side piece often carried in battle. Charlie told me this morning about the best they could do is get three shots off before they were close, and then it went to bayonets. I don't think any of us recognize the brutality of the situation, but they did what they needed to do, and we're here today. So with that, Mr. Olliff, good morning. MR. OLLIFF: Good morning. CHAIRMAN CARTER: Good morning, Commissioners, and let us begin. MR. OLLIFF: Good morning, Commissioners and Mr. Chairman. The add list, which I will walk you through, or the change list to your agenda this morning looks like a change list from a board meeting just prior to the board going on our summer break. I'll try and walk you through this as quickly as I can, but there are a number of changes for those of you in the audience. The first three are additions. We are adding Item 5(C). It's a presentation by emergency services regarding your hurricane season update. The next item is Item 9(D), also an addition. That's D as in David. It's the appointment of members to the Bayshore/Gateway Triangle Local Redevelopment Advisory Board. COMMISSIONER MAC'KIE: Where will that be, again? MR. OLLIFF: 9(D) as in David. CHAIRMAN CARTER: 9(D) as in David. MR. OLLIFF: The next item is also an addition. It's 10(H), and Page 4 June 26,2001 that's to approve modified guidelines for site improvement plans reviewed under the Immokalee Housing initiative. The next three items are withdrawals off of your consent agenda. Item 16(A) 17, Item 16(A) 18, and Item 16(A)21 are all requests for withdrawals. I need to make a note that Item 16(A) 18 is actually being requested by the property owner in that particular case. It's a PUD that was up for review, the Airport Plaza PUD. It's up for its five-year review, and the property owner is out of state and has called in requesting that that item be withdrawn off of your agenda. COMMISSIONER MAC'KIE: It was on my list to ask for that to be withdrawn today as well. MR. OLLIFF: Okay. The next item is an addition. It is an addition to your consent agenda. It's 16(A)24. It's authorization for the county manager to execute a contract for economic consulting services in support of the rural fringe assessment area conceptual strategies, and I believe the board has talked about that thoroughly before. COMMISSIONER MAC'KIE: Okay. MR. OLLIFF: The next item is a continuance. Item 16(B), as in boy, 11 is being continued to your meeting of July 31st. That is the developer contribution agreement with First Baptist Church for road impact fee credits. There's a request by Michael Simonik of The Conservancy, Mr. Chairman, to move 16(B)9 off your consent agenda, which would become 10 and I believe that's L. COMMISSIONER MAC'KIE: I. Could you tell us what 16(B)9 is? MR. OLLIFF: I can. That is the Big Cypress mitigation bank award of a contract as the low bidder for the Livingston Road North project. Mr. Chairman, that's at the board's discretion. We can either try and have speakers speak and leave it on the consent agenda, or Page 5 June 26, 2001 you can move it to your regular agenda. CHAIRMAN CARTER: Perhaps it would be the pleasure of the board that we remove it or have a presentation by staff and answer any questions by those who have questions, if that is appropriate, Mr. Olliff -- MR. OLLIFF: That's fine. CHAIRMAN CARTER: -- it's the pleasure of the board. MR. OLLIFF: We'll move that to the regular agenda. I misread that. It actually becomes 10(I), not 10(L). The next item is a deletion of 16(C)9, which was a contract with Mitchell & Stark for a Pelican Bay wellfield booster station and master flow meter. We're asking that that be deleted. There's a change in language to 16(D), again as in David, 8, and I'll look to David Weigel, the county attorney, to walk you through that language change. MR. WEIGEL: Thank you. Mr. Chairman, Commissioners, on 16(D)8 we would ask that it be left with the consent agenda but authorization be given that the county attorney make a small change to the title and the understanding on the record that the agreement that's addressed here will come back to the board for final approval. COMMISSIONER HENNING: I move. CHAIRMAN CARTER: I don't have a problem. I don't think anybody has a problem with that. MR. OLLIFF: The next item is also an addition. It's an addition to your consent agenda, 16(L)8, and it's to approve the agreed order awarding statutory attorney's fees relative to an easement acquisition in a lawsuit entitled Collier County versus Owen M. Ward, Trustee. There's also a note at the bottom of your change list, Mr. Chairman, which indicates why there was an ordinance which was actually advertised for a greenspace committee which was inadvertently prepared and advertised. It does not show up on your Page 6 June 26, 2001 agenda index, but that was as a result of the board's decision to use the existing committee of The Conservancy and appoint Commissioner Mac'Kie to that committee as opposed to creating your own new county committee. The last item I have, Mr. Chairman, is a request by your sheriff's department to have Item 10(A), which was the naming of the artificial reef, moved up to be the first regular item on your agenda. COMMISSIONER MAC'KIE: I think that's a wonderful idea. CHAIRMAN CARTER: (No response.) CHAIRMAN CARTER: Yes. Any objection by the board? Let's do it. MR. OLLIFF: With that, Mr. Chairman, I think I've covered your change list. CHAIRMAN CARTER: Okay. Then 10(A) would move after public petitions and comments; is that correct? MR. OLLIFF: Yes, sir. CHAIRMAN CARTER: Okay. Do we have any-- Mr. Weigel? MR. WEIGEL: No, nothing further. Thank you. CHAIRMAN CARTER: Commissioner Henning. COMMISSIONER HENNING: I took care of my questions this morning. CHAIRMAN CARTER: Thank you. Commissioner Mac'Kie. COMMISSIONER MAC'KIE: I have nothing else. CHAIRMAN CARTER: Commissioner Coletta. COMMISSIONER COLETTA: Yes, I do. I'd like to poll the place on regular agenda Item 16(A) 17 and 16(B)3. CHAIRMAN CARTER: 16(A) 17 has been withdrawn. COMMISSIONER COLETTA: That's already removed, huh? COMMISSIONER MAC'KIE: Actually, it's withdrawn. CHAIRMAN CARTER: Withdrawn. Page 7 June 26, 2001 COMMISSIONER COLETTA: then. 16(B)3 and 16(B)6. CHAIRMAN CARTER: Okay. where, Mr. Olliff? Okay. That made that easy Let's see. Those would go MR. OLLIFF: If you'll walk me through those again because they will become items under the county manager's portion of your agenda, and I believe 10(J) would be 16(B)3. And then, Mr. Coletta, if you could walk me through the rest of those. COMMISSIONER COLETTA: 16(B)6. MR. OLLIFF: 16(B)6 would become 10(K). COMMISSIONER COLETTA: And that's it. MR. OLLIFF: I do need to make one more note, Mr. Chairman, that you do have one registered speaker for an item on your consent agenda. It's actually requested that it either be moved to your regular agenda or be allowed to discuss it as part of the consent agenda, which is 16(B)9. Miss Payton is here and has requested to speak on that. My suggestion would be -- CHAIRMAN CARTER: 16(B)9 was moved to 10(I), wasn't it? MR. OLLIFF: You're right. So all of her items that she's requested have been moved to the regular agenda, and she can speak on it there. CHAIRMAN CARTER: So that's covered. We think we've got everything covered. Any other additions? Corrections? Anybody here to speak on the consent agenda? MR. OLLIFF: I have no one registered. CHAIRMAN CARTER: Okay. Commissioners. COMMISSIONER MAC'KIE: Motion to approve the agenda -- consent summary agenda as amended. COMMISSIONER HENNING: I'll second that. CHAIRMAN CARTER: Okay. Moved by Commissioner Mac'Kie and seconded by Commissioner Henning. All in favor Page 8 June 26, 2001 signify by saying aye. (Unanimous response.) CHAIRMAN CARTER: (No response.) CHAIRMAN CARTER: Opposed by the same sign. Motion carries 4-0. Page 9 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING June 26, 2001 ADD: Item 5(C): Presentation by Emergency Services regarding Hurricane season update. (Staff request.) ADD: Item 9(D): Appointment of members to the Bayshore/Gateway Triangle Local Redevelopment Advisory Board. (Staff request.) ADD: Item 10(H): To approve modified guidelines for site improvement plans reviewed under the Immokalee Housing initiative. (Staff request) WITHDRAW: Item 16(A)17: Recommendation that the Board of County Commissioners adopt a Resolution authorizing the Director of the Code Enforcement Department to compromise and settle certain Code Enforcement liens and to execute and record documents and to take certain acts necessary for the implementation of this authority. (Staff request.) WITHDRAW: Item 16(A)18: Staff review and recommendations relative to Ordinance No. 95-68, as amended, also known as Airport Plaza PUD, which, according to the required PUD status report submitted by the property owner/agent, has not commenced construction, as defined in Section 2.7.3.4 of the Collier County Land Development Code, resulting in several possible courses of action for the Board of County Commissioners to consider. (Requested by property owner who will be out of town.) WITHDRAW: Item 16(A)21: Adoption of a resolution establishing an official administrative procedures manual for the Collier County Consolidated Impact Fee Ordinance. (Staff request.) ADD: 16(A)24: Authorization for the County Manager to execute a contract for economic consulting services in support of the Rural Fringe Assessment Area Conceptual Strategies. (Staff request.) CONTINUE TO July 31, 2001: Item 16(B)11: Approve Developer Contribution Agreement with First Baptist Church for road impact credits subject to developer complying with all conditions of the agreement imposed by the County. (Requested by Rich Yovanovich representing First Baptist Church.) MOVE: Item 16(B)9 to 10(I): Approve a contract with Big Cypress Mitigation Bank as Iow bidder for the Livingston Road-North project wetland impacts, Collier County Project No. 65041. (Requested by Michael Simonik, The Conservancy.) DELETE: Item 16(C)9: Award a contract to Mitchell and Stark Construction Company, Inc., to upgrade the Pelican Bay wellfield, booster station and master flow meter, Bid 01-3238, Project 74039. (Staff request.) CHANGE: Item 16(D)8: Approve a Resolution authorizing the Chairman to enter into a lease agreement with the Florida Department of Transportation. Change only in wording of the Resolution for clarification. (Staff request.) ADD: Item 16(L)8: Approve the Agreed Order awarding Statutory Attorney's Fees in the amount of $52,483.20, relative to the Easement Acquisition of Parcel 145 in the Lawsuit entitled Collier County v. Owen M. Ward, Trustee, et al, Case No. 99-1291-CA, Project No. 65031 (Radio Road, Santa Barbara Boulevard to Davis Boulevard). (Staff request) NOTE: The following Request for Leqal Advertisinq of Public Hearings does not appear on the Board Index as the Board aqreed to appoint Commissioner Mac'Kie to serve as liaison to the Conservancy's existinn. Green Space Committee: An Ordinance establishing a Conservation Lands Referendum Committee; providing for Creation and Purpose; providing for Terms of Office, Membership, Designation of Liaison and Failure to attend meetings; providing for Officers, Quorum and Compensation; providing for Conflict and Severability; providing for Dissolution of the Committee and Repeal of Ordinance; and providing for an Effective Date. June 26, 2001 Item #2B & C BCC MINUTES OF WORKSHOP MEETING OF JUNE 5,2001 AND SPECIAL MEETING OF JUNE 6, 2001 - APPROVED AS PRESENTED COMMISSIONER MAC'KIE' Motion to approve the workshop and special meeting minutes of June 5th and 6th. COMMISSIONER HENNING: Second. CHAIRMAN CARTER: Motion by Commissioner Mac'Kie, a second by Commissioner Henning. All in favor signify by saying aye. (Unanimous response.) CHAIRMAN CARTER: (No response.) Opposed by the same sign. Item #3A PROCLAMATION RECOGNIZiNG THE COLLIER COUNTY SHERIFF'S OFFICE SENIOR SERVICES UNIT AS THE "2001 GOLDEN APPRECIATION HELEN K. FALLERT AWARD RECIPIENT"- ADOPTED CHAIRMAN CARTER: Motion carries. That moves us to proclamations. We'll recognize the Collier County Sheriff's Office for services -- and I have to dig down in my sheet here of proclamations, and here it is. This morning do we have -- COMMISSIONER MAC'KIE: Sergeant White. CHAIRMAN CARTER: -- Sergeant White present? COMMISSIONER MAC'KIE: Yes. CHAIRMAN CARTER: Here she is. Page 10 June 26, 2001 COMMISSIONER MAC'KIE: Come up here. CHAIRMAN CARTER: If you would step forward in front of the podium, please. Don't be so bashful. Come right up here. I had the pleasure of being at the event where the Collier County Sheriffs Office senior services unit was recognized by the Golden Apple seniors award, and this lady and gentleman were present, and their unit was duly recognized. It's my pleasure this morning to read the proclamation in honor of their services: "Whereas, Collier County Sheriffs Office senior services unit was established in 1998 as a unit dedicated to addressing the needs of the growing older adult population in Collier County; and, Whereas, Collier County Sheriffs Office senior services unit maintains a senior help line staffed by senior volunteers; and, Whereas, Collier County Sheriffs Office senior services unit offers a variety of support programs including a 24-hour crisis intervention program, the senior at risk program providing daily contact for individuals living in their own homes, a defensive living education program to protect elders from becoming crime victims, a file of life and beacon program; and, Whereas, Collier County Sheriffs Office senior services unit coordinates the Salt Triad Council which fosters a partnership between senior citizens and law enforcement; and, Whereas, Collier County Sheriffs Office senior services unit demonstrates tireless dedication to protecting the senior adult segment of our population. Now, therefore, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that the Collier County Sheriffs Office senior service unit be recognized as the 2001 Golden Appreciation Helen K. Fallert Award recipient. Done and ordered this 26th day of June 2001, Board of County Commissioners, Collier County, Florida, James D. Page 11 June 26, 2001 Carter, Chairman." I move the proclamation-- COMMISSIONER COLETTA: Second. COMMISSIONER MAC'KIE: Third. CHAIRMAN CARTER: Moved by the chairman, seconded by Commissioner Coletta. All in favor signify by saying aye. (Unanimous response.) CHAIRMAN CARTER: Opposed by the same sign. (No response.) CHAIRMAN CARTER: Motion carries. Congratulations. (Applause.) CHAIRMAN CARTER: Here, guys, take your proclamation. MS. WHITE: On behalf of Sheriff Don Hunter -- THE COURT REPORTER: Your name, please. MS. WHITE: I'm Sergeant Rosa White with the Collier County Sheriff's Office. I'm the coordinator/supervisor of the senior services unit with the sheriff's office. On behalf of Sheriff Hunter we would like to thank you for this honor, but we cannot do this kind of work that we're doing at this time working with seniors in Collier County if we didn't have the great team that is behind me. They're always there for me. They have been there from the time that we only had one person. I was the only person in the unit for awhile, and now we have two other paid staff. One, my assistant Sergeant Mike Wittenberg cannot be here because he is on vacation. I have Jerry Gallagher who is a retired captain from Philadelphia who came to work for us and is a crime prevention practitioner. We have members of our council here, Dr. Margaret Springer and Richard Springer, who is our public relations director, and I would like for my volunteers -- they're the ones that do a lot of my work, and they help me out a great deal. They're my bosses. If you can stand up, please. Page 12 June 26, 2001 COMMISSIONER MAC'KIE: Please. (Applause.) MS. WHITE: We have 15 volunteers. Unfortunately not everyone was able to be here this morning. They are -- some of them are working, and some of them are on vacation, so I do want to thank you again. Thanks. CHAIRMAN CARTER: Thank you, Miss White. MS. WHITE: This is our award we received. We were selected from eight counties through Southwest Florida as the recipient for this award, and we were very privileged to bring it to Collier County. It didn't go to Lee County or any other. We brought it to Collier County. CHAIRMAN CARTER: Wonderful. COMMISSIONER MAC'KIE: Great. CHAIRMAN CARTER: Well, it was truly an outstanding event, and I was certainly proud to be there and to congratulate our sheriff's department for this outstanding effort. Item #4 EMPLOYEE SERVICE AWARDS - PRESENTED That moves us to service awards. Commissioner Mac'Kie. MR. OLLIFF: As the board is making their way down to the floor, I'll take the opportunity to call up our first five-year award recipient. If Joel Fernandez from transportation could make his way down. (Applause.) COMMISSIONER MAC'KIE: It's a good start. Now, you hang in there with us. Page 13 June 26, 2001 MR. OLLIFF: The next service award we have is Elizabeth Nagengast with the library who's been with us for ten years. (Applause.) MR. OLLIFF: Mr. Chairman, this just keeps getting better. The next one is Ann Marie Saylor with your public utilities division who's been with the county for 15 years. (Applause.) MR. OLLIFF: Last we have the opportunity to award two twenty-year employees this morning. The first is Diane Flagg with your emergency services department, and next is Millie Kelley with the wastewater laboratory. (Applause.) Item #5A REPORT FROM IDEAS TEAM ON MARTIN COUNTY VISIT - PRESENTED MR. OLLIFF: Mr. Chairman, as you're making your way back up to the podium, the next item on your agenda is actually a report from our Ideas team that was the team of employees that we sent to Martin County. And I'll ask Alex Sulecki, who was a member and a leader on that team, if she can just start walking us through that presentation. MS. SULECKI: Good morning. Thank you for having us here with you today. The museum's colonial guard was wonderful, but I admit that when I saw the chairman was armed, it made me a little nervous. COMMISSIONER MAC'KIE: Yeah. You're not the only one. CHAIRMAN CARTER: It's not loaded. MS. SULECKI: I'd like to introduce to you the Ideas team. Page 14 June 26, 2001 This was a team put together last fall by the county manager's office, one of many, and our goal was to go to another county and see how they do things to see whether we could learn from them or we could be reaffirmed that we're doing things great in our county. So I would like to introduce you to Kim Hadley. She's an environmental specialist in the planning department. We have Dick Roll, Russ Muller, and Stan Chrzanowski. They're all engineers over in planning. We went in January over to Martin County. We decided to go to Martin County because there were a lot of things about Martin County that was the same. They have a lot of growth-related issues, and that was one of our concerns. And they have some very good -- they have a very good reputation in their environmental areas. So we chose that county to go to. We're going to show you a little slide presentation of what we did and where we went, and then I'm going to give you kind of a summary of what we found out. Okay. That was our team when we arrived. There's some facts I'll just give you while she's going through some of the slides here. Martin County's population in season is about 130,000 compared to our 300,000, so it's about half as big. It's 555 square miles compared to our 2,000 square miles, so we're four times as big. They have about 850 employees to our 1,200. That works out to 1 per 151 for them and 1 per 250 for us. COMMISSIONER MAC'KIE: Good job. MS. SULECKI: They have about 189 people per square mile. We have about 88. So their density is a lot bigger. This was one of the first things that we liked. They had special parking for Martin County employees. And on the left you see that they had a "no smoking" sign posted right outside of their main building, and I guess this was to prevent people from congregating out there smoking, but we did notice there was a full ashtray right below that sign. Page 15 June 26, 2001 COMMISSIONER MAC'KIE: That would sure be nice, Tom. It's like a fog when you get to the door. MS. SULECKI: First we met with the Martin County manager, Russ Blackburn, and his assistant, Denise Eshleman, who was very, very kind to us in showing us around. They all were, as a matter of fact. They gave us an overview of how the county is set up, how the operations go, and then we visited the commission chambers. What did we like about the commission chambers? You were there. MR. CHRZANOWSKI: The first floor. COMMISSIONER MAC'KIE: That does make sense. First floor is what they were saying. MS. SULECKI: They were wired, also, into the adjacent library so if there were some spill over people could still participate from there. Oh, we went to a lot of meetings. We called this the stinking meeting because it was at the landfill. We wanted to go see how they dealt with their landfill issues. There it is. They have one cell that's closed and one that's opening up, and then they're planning on expanding. Some of the other things we visited at the landfill -- they managed their hazardous waste really well. They have a transfer station where people can drop things off. They do things like reselling their batteries, reusing paint. It was very nice and neat, and it didn't cost people anything. One of the great things we found was the haz mobile. This is a grant-funded truck that goes around and collects hazardous waste from the community. We actually went onto the landfill, and we saw some of their features. They have some problems with odor over there, so they've tried some different solutions like planting flowers and having smell teams to find out exactly where the odors are Page 16 June 26, 2001 coming from. They do a lot of citizen education on that. That was the lovely landfill charm. CHAIRMAN CARTER: Chief smeller, huh? COMMISSIONER MAC'KIE: There you go. MS. SULECKI: And there's the landfill, which is not a whole lot different from ours. There were a lot of birds. It smells a little bit. They have some -- down in the lower right-hand comer, you'll see they have a neighborhood that has pretty nice homes within a very close range of the landfill, and so they've had some issues they've had to deal with, and they've dealt with them pretty well. We went to some other places too. We checked out -- what were some of the other places you guys checked out? MR. CHRZANOWSKI: Courthouse. MS. SULECKI: The courthouse that cost how much to build? MR. CHRZANOWSKI: $22 million. CHAIRMAN CARTER: Don't give that clerk ideas now. MS. SULECKI: The engineering facilities. We looked at quite a few things. We also had a personal tour through their IT section, which is the bottom left, and their offices which look a lot like ours. The top was Denise Eshleman. We met with IT staff. We met with environmental staff, planning staff, engineering staff. Is there anyone I'm forgetting? Code enforcement staff. And that's it. We're done. It was a lot of fun. It was two days, and it was a great experience to see our county organization compared to a similar county with a highly respected, nationwide reputation. From our observation we felt that there were some aspects of county government services that were handled better in Martin County, but overall Collier County is doing a great job in providing services in most if not all areas. Some of the areas of service we really liked in Martin County was the Citizen Cares program. This is a citizens academy and Page 17 June 26, 2001 resource education series. It's kind of like our sheriff/citizen academy. It's five weeks, half of a day, one day a week, and the citizens travel around and look at everything in the county, and they give them food. That's what they really liked. This seems to promote a broader consensus and involvement with Collier County policies -- or with Martin County policies, and we're sending a staff member to explore this program because we liked it so well. They use GIS technology. This was one of the great things. They have Martin County maps on the web, useful maps based on 30 years of data that were provided by other agencies, and these maps help reduce the number of field visits that staffhave to make, and they're also available online to residents. Martin County was very proud of their technology department. It was one of their bragging points. We felt that they used the environmental specialists in code enforcement cases in a better way in Martin County. In Martin County they're focused primarily on monitoring larger developments like PUDs. They don't handle all the case work for smaller environmental violations. They act, instead, as expert witnesses for the regular enforcement investigator. This frees the bulk of their time to do monitoring and enforcement for the larger properties. I know this has been a concern of yours, Commissioner Mac'Kie, that we in Collier County code enforcement aren't focusing enough staff time on PUDs. This was one of the things that we looked at when we went over there and, as a result, we have budgeted another staff member to address that issue. We liked that they held a tough environmental line. They didn't provide services outside of the urban boundary. They had a "no negative impact" stance for wetland sites over .25 acres with exceptions for utilities. They didn't allow ATV use on the beaches for other than turtle monitoring. They have sea turtle ordinance compliance that's Page 18 June 26, 2001 required by all oceanside development before the CO is granted, like the lights and everything have to be correct. COMMISSIONER MAC'KIE: Oh, that's interesting. MS. SULECKI: They have sea turtle information signs posted at all public beach dune crossovers, and they protect any native trees size of 4 inches DBH, diameter breadth height, or greater located in the perimeter of any development site. We like those things. Another thing is they had a public golf course run by parks and recreation, and they had an employee award system that we thought was great. They provided cash for monthly, quarterly, and yearly employee recognition and for ideas that saved the county money. They gave money and meal certificates to reward extra efforts by staff to cooperate with other staff members, and that fostered interdepartmental cooperation. We heard a lot of positive feedback about these programs. They had an annual dinner to hand out the awards, and they all liked that real well. We also came away with the impression that Collier County is doing a lot right and in many cases better than Martin County. In particular we liked that our engineering and technical plan review was done better in Collier County. That's because we have more reviewers, and we have a one-stop shop, so they come here -- it's faster. The number of code enforcement cases handled per investigator here is roughly 30 percent more at 300 cases per year in Martin County. We handle 2,000 cases per year. Our enforcement supervisors handle almost two times the staff. This effort, I felt, was recently acknowledged in a survey taken of Collier County residents. It was printed in the Naples Daily News on June 12th, and it showed that 95 percent of residents polled felt that the appearance of neighborhoods and shopping areas is generally good. I have to brag a little for code enforcement because that was the Page 19 June 26, 2001 second-highest rating in Collier County, and it was second only to satisfaction with trash collection. So I have to believe that code enforcement contributes substantially to keeping these areas looking good. The overall deVelopment review process is better in Collier because of the one-stop shop. In Martin also the reviewers do the inspections. Here we have separate staff, so we have a lot more coverage. Commercial landscape and tree laws are stronger and better enforced in Collier County. That results in a more attractive urban landscape. Our architectural codes, they were very interested in those because they don't have them. We felt that our areas look better -- a little bit better as a result. They haven't implemented MSTUs, which allows people to tax themselves to do projects, and they were very interested in that as well. So, overall, we felt that Collier County was doing a lot of things right, and we were very reaffirmed by the services that we do provide, but we also felt that it was well worth the trip. We returned with some specific improvement suggestions that are being incorporated into this budget process or being investigated further. Personally, I felt that it gave me the opportunity to know some employees I would not have known otherwise or maybe not have known as well, and it also helped me to understand better how county governments operate, so when I communicate with people in the field in my code enforcement duties I just have a better working knowledge of how things are going. We have a new Ideas team that has been formed recently that's going to Sarasota County, and we hope that they'll get some good feedback on issues like transportation, recycling, and social services. I didn't mention another team member -- or a couple of team members. One that's not here is Claire Oss. She's with library services, and she had jury duty today. Joe Cheatham was also a Page 20 June 26, 2001 member of our team. He's your wastewater director. He had to bow out at the last minute when he had to attend those sewage-meeting talks, but he's part of the new team, and we hope that he'll do just as well there as he did for us. He was a very good organizer. Thank you for your attention. CHAIRMAN CARTER: Thank you. Questions by the board. COMMISSIONER MAC'KIE: I just have a comment. This is -- you know, of the many packages of the thick stacks of information that we get from our county manager, this was very interesting, very innovative, lots of creative ideas. I really want to commend you for it, hope that it continues, and I would even love to get -- I mean, God forbid -- more paper, but, you know, a list of which ones -- which ideas did you decide to implement and which ones are you looking into further because I almost wrote a memo saying these are the ones I like, but then I figured that might be outside my authority, so I didn't do that, but I really thought it was fabulous. MS. SULECKI: Thank you. CHAIRMAN CARTER: It was a great report, and I concur with Commissioner Mac'Kie. I think we'd all like to know which ones eventually, Tom, that you'll incorporate. It's good to hear that we do a lot of things well and that there are some areas that we can do better, and that's the objective. And, again, I congratulate you, Tom, for putting these teams together. Keep it up. We get better and better as we go along. MR. OLLIFF: We sent Stan out of town for a couple of days, and they still think highly of us over here in Collier County. CHAIRMAN CARTER: That's incredible. Was that before or after his haircut? MR. OLLIFF: I'll tell you, this is a great program. We really enjoy it because, one, you heard that a lot of people who -- none of those people do solid waste for a living, and yet they spent some time Page 21 June 26,2001 looking at solid waste and bringing back solid waste issues, so it sort of allows us to expand their horizons a bit. A couple of the key things that we are implementing, obviously, are the PUD monitoring on the environmental side, which was part of the budget package that you reviewed, but we're also looking in particular at the program that they had called Martin Cares, which is sort of that citizens academy type program. Jean Merritt has actually already provided a draft of a sister-type program of a Collier Cares type of program, and she's going to go spend a little time with her counterpart in Martin County. We hope to have something similar to that in place by this season, but we'll provide you the follow-up list, and we'll continue to allow the employees to come and make those presentations when they get back from each of their trips, and we look forward to the Sarasota team coming. COMMISSIONER MAC'KIE: Can I ask, is anybody evaluating their wetlands preservation standard about -- it wasn't "no net loss." I forgot the phrase you used, but I'd love to see how that compares to the wetlands ordinance that's in the process right now. You don't have to answer. It's just a suggestion. It's something I'd like to see at some point. MR. OLLIFF: Okay. We can do that. That's fine. Team, thank you very much. CHAIRMAN CARTER: All right. Thank you again. That brings us to our emergency services, hurricane update. Mr. Dunnuck. COMMISSIONER MAC'KIE: He says he needs one minute. Item #5B PRESENTATION RECOGNIZING AMY TAYLOR FOR HER WORK WITH THE COMMUNITY CHARACTER COMMITTEE - PICTURE OF COMMITTEE PRESENTED Page 22 June 26, 2001 MR. DUNNUCK: Yeah. I think we have-- we scrunched something in between here today, and I was hoping that Amy Taylor could come forward for a moment. CHAIRMAN CARTER: Oh, here again, gone again, back again. Okay. Sounds great to me. Lead on, Mr. Dunnuck. MR. DUNNUCK: Amy, please come forward. CHAIRMAN CARTER: Come up in front of the cameras. You can wear the hat, too, if you want. MR. DUNNUCK: Unusually -- I'll just kick this off real quick. Usually -- this doesn't happen very often, but due to the hard work that Amy Taylor put into Community Character, the Community Character committee actually came to me and asked if they could do a small recognition for Amy for all her hard work, and with that I'll turn it over to Jim Rideoutte who's the chairman of the Community Character committee so he can embellish a little bit. COMMISSIONER MAC'KIE: Jim embellish, it's hard to imagine. CHAIRMAN CARTER: Yeah. Good morning, Mr. Rideoutte. MR. RIDEOUTTE: Good morning. Until its expiration, I was chairman. I had the honor and pleasure of serving as chairman, and I can tell you this: In the dozen or so years that I've been active in this community, I have never worked with a stronger group of people. With myself being the exception, there were no shrinking violets in that group. COMMISSIONER MAC'KIE: Yeah. Right. MR. RIDEOUTTE: One thing that we all agreed on was the recognition of the work and support that Amy Taylor gave us during the almost two years that we were in existence. And as a token of our Page 23 June 26, 2001 appreciation and recognition of that, we have this picture -- endorsed picture of all the members of the committee, and we would like to present it to Amy. I can tell you this, in keeping with the standards here, the criteria for gifts to public employees, this is not worth very much monetarily, but from a sentiment standpoint, it's incalculable. Thank you very much, Amy, and thanks to Tom and the staff here for providing us with such support. (Applause.) MS. TAYLOR: I just wanted to say a few words. I have been very privileged to work with the entire select committee on Community Character. It is not very often that a government employee can work on a project that is so particularly satisfying and be honored for it by the people that they have been asked to serve. Thank you very much. CHAIRMAN CARTER: Okay. Thank you, Amy. Thank you, committee. Item # 10A RESOLUTION 2001-262, NAMING AN ARTIFICIAL REEF IN HONOR OF SGT. JEFF KLE1N- ADOPTED Mr. Storrar, emergency management services update. MR. STORRAR: It will take me just a minute to get my laptop set up. CHAIRMAN CARTER: All right. MR. OLLIFF: As we did last year, Mr. Chairman, we just wanted to take an opportunity at the beginning of the hurricane season to allow Tom to give you a little briefing about where we are in terms of our hurricane preparedness. Especially for the new Page 24 June 26, 2001 commissioners, we thought it might be helpful to go through a briefing. MR. STORRAR: While the computer is warming up, I'm Tom Storrar, your division administrator for emergency services. I placed before you this morning a three-ring binder. Everything I'm going to speak to this morning is provided in that binder, and our hopes are to give you a desk reference document that should someone call you or should you have a conversation with someone and they have a question about the upcoming hurricane season, you'll have some reference material at your fingertips that you could respond to on that. I'm still waiting for the computer to warm up here. COMMISSIONER MAC'KIE: Well, the high-tech version is slow, but this low-tech version is very informative. CHAIRMAN CARTER: Right. We really enjoyed the presentation, Tom. COMMISSIONER MAC'KIE: There's a lot of good stuff in this booklet. I've never had anything so well put together since I've been on the county commission. I appreciate it. MR. OLLIFF: This is the technology that allows us to do our jobs faster. CHAIRMAN CARTER: Yeah. Right. But I think for our listening audience there is a tremendous number of pamphlets that are available and booklets. If you have any questions, if you contact us we'll get those to you, because we really have a fine program here to deal with the situation. COMMISSIONER COLETTA: While we are waiting here, too, if I may, Jim, last year I had the pleasure of going with Ken Pineau to Ellisville (sic), Maryland for a mitigation -- recovery and mitigation, a course on hurricane preventatives. It was a whole-week course. I'll be going back this year for preparing for the storm and the storm event itself, and I'm inviting people from the different municipalities Page 25 June 26, 2001 to join me so that we can start to form a team. CHAIRMAN CARTER: I think that's fantastic. I really appreciate you taking the lead on that, Commissioner Coletta, because there's no question that you need to be prepared. I've always said it's not a matter of if; it's when. And when is when we want to be ready. MR. OLLIFF: Mr. Chairman, while they continue to get set up, my recommendation would be that you go ahead and go to 10(A) on your agenda, which is the sheriff's department -- COMMISSIONER MAC'KIE: I think -- aren't you there now? MR. STORRAR: Pretty close. COMMISSIONER MAC'KIE: It looks like they're there. No. Okay. In a way this is sort of a memorial to Gary Arnold that, in talking about hurricanes, we're having this much trouble with computers because -- God bless him -- we wouldn't if he were here. MR. DUNNUCK: While we're here Item 10(A) is a request to dedicate an artificial reef after Sergeant Jeff Klein, and with that I have members of the sheriff's office here today who would like to speak to the issue, and I believe I even have family members of Sergeant Klein here as well. COMMISSIONER MAC'KIE: How wonderful. MR. DUNNUCK: So I'd like to turn it over to them so they may say a few words. CHAIRMAN CARTER: That would be fine. Let's honor that at this point. You keep your computer warm, Tom, and let us not hold up these families any longer. COMMISSIONER MAC'KIE: Would the family members be comfortable coming forward as well? I'd sure like to get to thank you for the service of your brother, son, father, whoever you happen to be. SERGEANT JOHNSON: Let me just say a few things. I'm Page 26 June 26, 2001 Sergeant Dave Johnson of the Collier sheriff's office. On behalf of Sheriff Hunter, who couldn't be here today, we wish to thank the commission for taking time to do this. I'll be very brief. Sergeant Jeff Klein was in the process of being transferred to the marine bureau of the sheriff's office when he met his untimely demise. As a community-oriented policing project, this was put together through great cooperative efforts with county staff, and I think it's going to be a wonderful thing for everybody. After that I think I'll just let A1 say a few things. THE COURT REPORTER: Your name, sir. MR. ALAN KLEIN: Good morning. Alan Klein, father of Jeff Klein. CHAIRMAN CARTER: Good morning, sir. MR. ALAN KLEIN: Good morning. I just wanted to give you a short history of Jeff's life. We moved down from New York state when Jeff was about eight years old. He entered middle school and went into Civil Air Patrol, and I think then is when he fell in love with the uniform. He spent four years in Civil Air Patrol. He went into high school and entered ROTC and graduated at the age of 17 with the highest rank that can be bestowed on a student. He applied for the United States Air Force and went in at the age of 17. After his eight weeks of basic training, he applied for, again, security, police security, and became an air patrol officer. He was sent for about one year up to Minot, North Dakota, and then went to Italy where he picked up the language fluently. He worked for about three years on a NATO base and then became -- over many of his peers, he applied for a job as a general's aide, more or less a bodyguard, and he got the job because he could speak the language fluently and also because of his impeccable record behind him. He came up through the ranks quickly at this time. He was a sergeant. After spending ten and a half years -- nine of them in Italy - Page 27 June 26, 2001 - President Carter decided he was going to cut back on troops, and Jeff decided he better grab the severance pay and run at that moment. He wasn't sure where things were going to go. There was no more security, job security. He came home and worked with me for a short time. And although I gave him a uniform, it wasn't satisfactory. It was a plumbing uniform. He decided he wanted to try the sheriff's department. So he went for it and did his training. The first 18 months in the patrol -- in the sheriff's department he worked in the jail. Then he went out on the road and worked up in the North Naples substation for about six years. And during the six years he -- many of his off days -- or many, many of his off days he worked 911 dispatch, not so much for the money-- of course, everybody can use the money-- but to learn more about the sheriff's department. He went on to -- he was getting fed up with working the night shift. It was taking a lot out of him. He couldn't get the right sleep, and he started riding with the marine patrol and fell in love with it. He loved all the guys. He loved everybody. Jeff was a real nice kid. He just took to everybody. He was tragically taken from us in May of last year. It was one week before he was supposed to get his marine badge. He left a large hole in our close-knit family. I know the sheriff's department missed him because they've honored him to us in many, many ways. They sent him off in grand fashion, which we appreciated very much, and we've had numerous -- I couldn't count how many times the different departments of the sheriff's department has come to my home or called us or wrote us letters and kept in touch with us. Numerous times they stated that we were a family member and we always would be. I want you to know that Collier County also lost a very fine citizen. I wanted to thank, from the bottom of my heart, the sheriff's Page 28 June 26, 2001 MR. DUNNUCK: MR. DAN KLEIN: Klein -- department mainly and all of the people that have put this thing up. I'm very, very proud to be here. Thank you all very much. COMMISSIONER MAC'KIE: Mr. Chairman, I'm very proud to get to make a motion that we approve a resolution naming an artificial reef in honor of Sergeant Jeff Klein. COMMISSIONER COLETTA: I would be honored to second that. I've known the Kleins for years. They were my neighbors across the street for about 12 years, and the reason I picked the particular piece of property that we moved to was because of the Klein family. We were so impressed with them. COMMISSIONER HENNING: And I would like to say that I've known Jeff for a number of years. Most of the time I would run into him in the hardware store in the fish and tackle department, so I think this is a great tribute to Jeff Klein by this proclamation. CHAIRMAN CARTER: Well, I'm honored also, sir. I know no one will ever fill the void in your family. We in the community can only say thank you for the contributions that he made, and this is one small thing that we can do in his remembrance. So we duly appreciate it, and thank you for coming to be with us this morning. I think he would like to say something. Thank you. I just wanted to say that Jeff THE COURT REPORTER: Your name, sir? MR. DAN KLEIN: Dan Klein. Thank you. Jeff Klein, I could say many great things because he was my brother, but he was a very dedicated individual for the sheriff's department in Collier County. You could see how dedicated he was just following the last couple of years of his life. In '98 he tried for the marine patrol, if I'm not mistaken, and was turned down. He found out why, because he needed a couple other things that another guy beat him out on, which Page 29 June 26, 2001 was a captain's license and a few other things, and he made it his -- he dedicated -- he was very dedicated and made sure that he met those requirements, and in the following year he was accepted. Then in a year -- a few things that I always remember was in October of '99 he made corporal. In December he made sergeant. In 2000 he made marine patrol. That just shows how dedicated of an individual my brother was. Thank you. CHAIRMAN CARTER: the motion. (Applause.) CHAIRMAN CARTER: (Unanimous response.) (Applause.) CHAIRMAN CARTER: Thank you, sir. It's my pleasure to call All in favor signify by saying aye. Thank you. Item #5C PRESENTATION BY EMERGENCY SERVICES REGARDING HURRICANE SEASON UPDATE- PRESENTED MR. STORRAR: Once again, I'm Tom Storrar, division administrator for emergency services. What I'd like to do is give you a brief overview of the 2001 upcoming hurricane season, where we are from the emergency management perspective. The first topic I'd like to address is the Big Cypress Basin. We will have a representative at the EOC throughout the activation period so that we can make sure that the outflow of water is properly controlled. The gates opening usually depends on rain amounts associated with the storm, so we really don't know until we know what rain amount is associated with the impending storm. However, usually 18 to 24 hours prior to hurricane-force winds we do open the Page 30 June 26, 2001 gates to start releasing some of that water from the basin area. We have the predictions from Dr. Gray from Colorado State University. He's predicting 12 named storms this year, 7 hurricanes, and 3 major storms. That has been adjusted about three times, but I think this is his last final prediction for the upcoming season. I've also included in your booklet the Safir/Simpson scale, which is the scale we use, to determine the velocity of the wind and the amount of storm surge that is associated with the Category 1 through Category 5 storm. That's enlarged in one of your tab areas. Also, I've included in there a copy of the storm surge map, and this is the intrusion in through the county based on our worst-case scenario and, again, it's just an estimate. We've been tracking that from emergency management over the years. If you look in the back of your binder, you'll find out that our all-hazards guide has an enlarged copy of that graphic in it. Currently we have 24 shelters in Collier County. We can house about 30,600 people. The number of shelters outside the storm-surge zone are 9. The number of shelters with protection now is 14. We have 3 shelters in the Category II storm zone, 7 in the Category III storm zone, and 5 in the Category IV/V storm zone. COMMISSIONER MAC'KIE: May I ask you a question about that? So the 30,000 spaces is reduced by the category of the storm? MR. STORRAR: Yes, ma'am. Right. COMMISSIONER MAC'KIE: How many spaces do we have outside of the surge? In the nine that we have, how many spaces would we use? MR. STORRAR: Spaces, I don't have that figure with me, but I can get it for you. COMMISSIONER MAC'KIE: I'd love to know. MR. STORRAR: Yeah. We can provide that to you. Some of the things that we're doing this year -- I included a Page 31 June 26, 2001 couple of graphics. The product that you see before you that's being installed at Pine Ridge Middle School is a fabric material. It's called armour screen, and it's been on the market now about three or four years. This is by the cafeteria area, and I think you can see a little better close-up there on the next graphic on the right-hand side. It's a mesh material. It meets or in some cases can exceed Dade County code, depending on installation. The good thing that we like about it is it's very easy to install, very easy to take down, and you can get daylight through it. Most of your hardened storm shutter applications are solid. They block out all the light that might get in from the outside, whereas the armour screen is able to let light through it. We will be using that in a couple other projects this year. You have one in your consent agenda that you approved today for Barron Collier. That same product will be used there. Special-needs shelter, Barron Collier High School continues to remain a special-needs shelter. Also, the Immokalee Health Department in Immokalee. However, if we have small numbers that report to the Immokalee Health Department, we will transport them to Barron Collier. Our total clients are 984, but I will tell you that as of five o'clock last night where you see "special needs" and the number "638," that's up almost to 700. We are getting people signing up every day. Obviously our seminars where we are out in the community presenting are starting to take effect, and the people are starting to preregister, which we definitely appreciate -- preregister special-needs client so that we can accommodate them appropriately when they-- COMMISSIONER MAC'KIE: Tom, could you just take a minute and tell the people who might be listening about who should preregister and how to do it? MR. STORRAR: Yes. The number they can call is 774-8444 Page 32 June 26, 2001 and ask for Patty in emergency management. She is our special-needs coordinator, and she will go through the protocols. Anyone that needs any special medical attention we strongly encourage to preregister so that we can do a couple of things. We can be prepared to receive them, but we can also provide transportation to and from the shelter in times of need. It's a very important thing because -- and I will tell you that every time we have an activation, we do have people that show up that are not registered at Barron Collier High School. You need to understand that we will not turn anyone away, but it does put unnecessary burden on our emergency staff when we have to get those folks out. So it's very important to preregister, and I would do it now, not later. Our public seminars, the numbers obviously are increasing. We're up probably now to in the 70s. As a matter of fact, Ken Pineau is out this morning doing one up in the north end of the county. We've done the CERT class, community emergency response team. We've done eight this year. We've already done disaster preparedness expos. We've done six, most of those with the major TV stations. And, obviously, we expect that number to go somewhere between 125 and 140 before the season is over on public presentations from emergency management. We've got our new "all hazards" guide. I've included a copy of that in the back of your binder for your reference. We've got 70,000 of those. We've already given out about 20,000 this year. Then I've just included some sample publications. Most of these are included in your binder. I won't spend a whole lot of time on them. I do have one new publication. Thanks to the tourist development monies and your approval to spend those monies, we have created an emergency guide map. That guide map is to be handed out if we have to become a host county. If a storm is coming in on the east coast, Page 33 June 26, 2001 Collier County becomes a host county, and we intend to hand out these maps as people come off the interstate. It locates and pinpoints all of the hotels and sheltering locations throughout Collier County. This is the first of its kind that we've done here. We received a lot of interest from other counties. But we're just trying to accommodate those folks that are going to come in and use Collier County as a host county for evacuations. Media support, the lead PIO is Jean Merritt, and you folks can turn to Channel 54 as long as it remains on the air for regular updates during the emergency operations center activation. The radio stations that you can also get emergency information from is WSGL 104.7, WGCU 90.1, and WMKO 91.7. We regularly broadcast on there. And as we have had in the past, Carl Loveday will be inside the EOC broadcasting live during all times of activation. We still maintain our blast fax list. We maintain 53 separate lists, but I can tell you there are thousands of numbers on those lists. When we send that stuff out, it goes to the world. Probably close to 20,000 numbers are listed in our memory banks -- data banks there. The internet information, we have recently updated part of our internet, and we didn't get a chance to use this last year. We created this little feature last year. That web address you see there, www.colliergov.net/emergency/actions, a person can dial into that, and we will keep that constantly updated. I will show you what some of that looks like just as a real quick test. If a person dials in, this is what they're going to get. They're going to see that, and where you see "TD 12," that stands for Tropical Depression 12. That's just the test data that we entered in there. The name of the storm will be there. All the person would have to do is click on that, and then you can see by the little tabs here -- for example, if there were any evacuations that we were doing at that time, it would be listed there. Page 34 June 26, 2001 This is going to be live data that the EOC is going to constantly update 24 hours a day as long as we have an activation. There's also some links to the National Hurricane Center and to our primary site through emergency management. So there's going to be a lot of new things that we're going to do this year from the emergency management perspective on that. We also have our emergency management web site, which is www.collierem.org, that continues to be maintained, updated, and we still have our one list, and that is where people can sign up, and we will automatically -- every time we get a communication from the National Hurricane Center, it is automatically sent out to the recipients on that list. COMMISSIONER MAC'KIE: May I ask you a question? MR. STORRAR: Sure. COMMISSIONER MAC'KIE: Is it easy to find that action site if you just go to colliergov.net? MR. STORRAR: That's correct. We currently have about 450 to 500 people signed up on our one list, and I can tell you we have people all over the world internationally signed up who get information, and we receive e-mail from them on a fairly regular basis. We have received excellent feedback on that part of the emergency management website. Going to volunteers, we currently have about 65 trained volunteers to man our phone banks and, again, those are manned 24 hours a day as long as the emergency operations center is activated. So people can call in and get a live person on the other end of that telephone that can handle their request. I think that's an important feature that we all need to -- my hats off to those volunteers that do provide us their time. The Red Cross currently is active with our shelter management program. They also respond with humanitarian efforts during disasters. I'll add just a small plug here. They are in the process of Page 3 5 June 26, 2001 purchasing an emergency response vehicle for emergency feeding out in the field. The health department, we have recruited about 30 to 50 volunteers from that community. They are going to provide the staff support we need at the special-needs shelters to handle those special- needs clients, and the Salvation Army and the Red Cross providing the feeding out in the field. We also have our community emergency response volunteers. We have a coordinator, Joni Vander Till, and the EOC coordinates that, who has done a superb job in recruiting organizations to assist us during the activations in times of disaster. She's gone to various religious groups, civic groups throughout the county to provide assistance in all areas ofunmet needs. We currently have about 45 organizations that participate, and we have ongoing training down in the emergency operations center. Our R.A.C.E.S program, which is our ham radio operators, amateur radio operators, we still have 50 volunteers. That program continues to flourish, continues to grow. We've done some training exercises and will continue to do that. They are the ones that provide the emergency infrastructure for communications on the ham-radio bands. The NOAA weather radio, that's the program that we instituted a year or so ago. That provides 24-hour-a-day weather information specific to Collier County. If someone is going to purchase one of those radios, they need to have S-A-M-E, which is specific area messaging methodology, for that so you just get Collier County specific information. I've included a graphic of what one looks like. They're very small, very effective, and that's 24-hour-a-day weather information 7 days a week 365 days a year. The last item I have is -- and I've included a copy of County Ordinance 84-37 in your packet. Basically that's a succession line of Page 36 June 26,2001 authority. If-- and you can read that. I'm not going to go through that in detail, but it identifies who can declare a state of emergency in the event of a disaster. It authorizes such officials to take certain emergency measures if they are required. And at this time I'll be more than happy to answer any questions that you-all have. CHAIRMAN CARTER: Any questions by the board, please. COMMISSIONER HENNING: None on this side. CHAIRMAN CARTER: All right. Tom, thank you so much. It was very informative. And to our listening audience, all these materials are available for you, and maybe you just want to clip this part out of the tape this morning as you're watching and replay it periodically to remind you what we all need to do. MR. STORRAR: Thank you. Item #6A MR. HERB LUNTZ REGARDING THE 4TM OF JULY PARADE - PRESENTED CHAIRMAN CARTER: All right. Mr. Olliff, maybe we can do the next item under public petitions and comments, Mr. Herb Luntz, that's Item 6(A) and probably we could do B and maybe C before we do a break. Mr. Luntz. Is the president's flag in front of us this morning displayed? MS. FILSON: Yes. MR. LUNTZ: Mr. Chairman, members of the board, Mr. Olliff, Mr. Weigel, for the record, Herb Luntz, the military coordinator for the 4th of July celebration. I have to do this. I'll try not to take too much time because it's been a long morning, but some of my team members are over there. There's also another one sitting in the back. Would you guys please get up? We're going to have a little fun here, Page 37 June 26, 2001 so come on. Chuck, get up. These folks -- these are some of my team members. (Applause.) MR. LUNTZ: I have the most incredible team that you have ever seen in your life, and there's one up here that you'll notice he's taken his jacket off and, of course, Commissioner Fiala is also on the team, and she's not in the country, but we look forward to doing it. I gave to you a packet that talks about this year's 4th of July celebration. I have to say that thanks to Mr. Olliff's support and the support of this board and the Tourist Development Council and your instructions to us when we came before you, we have taken an event that used to be strictly a downtown Naples event, and we have turned it into a county-wide activity that now stretches from the 3rd of July all the way through the 7th of July. We have some new activities that are going to be the first of their type which include, for example, on Saturday, the 7th at Barron Collier High School, we will have what they call a mini tattoo and a clinic. Those of you that don't know what a tattoo is other than what's on your arm, it's an old military term that's used when military bands march in precision fashion, back and forth in front of bleachers or audiences. And we have the Civil Air Patrol coming down from the State of Maryland and Washington with their fife and drum corp that will do a job out there on Saturday. We have also asked the students in the Collier County school systems, plus the Civil Air Patrol wing in Florida has invited a bunch of their folks, to come down and view this because it's the only musical group of its type in the entire nation. They will be in the parade. The fife and drum corp will march that Saturday out there, and then we've invited all of the students who have a musical instrument to sit in and play and learn from these folks what a handmade drum is all about, because they are handmade by the Page 38 June 26, 2001 director out of wood, etc., etc. It will be an incredible day. We're going to use the whole day out at Barron Collier. We have the facility. Jim Thomas, the athletic supervisor for the county, has worked with me on that along with John Veit, your parks supehntendent. Of course, Lee LeMaster, a retired major, used to be the commander for the CAP down here. It's going to be an incredible activity. Those of you that were there last year, you saw two F-15s fly overhead at a thousand feet and 300 knots. This year we have four. They will do the same thing in a diamond formation at 13 minutes after 10. It should knock everybody's socks off. The jump, which will be at Gulfview Middle School, will be with ten members of that jump team from special ops out of McDill and, of course, they will jump from 10,000 feet, free fall, pop their chutes at 2,500 feet, and then the smoke comes out and everything else, and they will land in that field. We're going to do something different this year. Dr. Vince Carroll, who happens to be the associate pastor at Naples United Church of Christ, retired Navy captain and former chaplain at the United States Naval Academy, came to me -- he happens to be my pastor, and he came to me and said, "I'd like to do a brief memorial service prior to the 4th parade." He's going to do a 15-minute memorial service, nonecumenical, nondenominational, right there at Gulfview Middle School. And, of course, we will have a wreath-laying ceremony that he's taking care of, and he wanted taps blown. It just so happens that we will have the bugler that blow taps at Arlington National Ceremony as part of the fife and drum corp that will blow it, so we know it's going to be done right. Mark Branson could do it right if he was there, but we don't need him for this. We have our own. There will be a full-blown reviewing stand for those of you that Page 39 June 26,2001 are going to be here right on Fifth Avenue and Sixth Street. It's being built by part of our team. And part of our team, as I said, includes Commissioner Coletta. He's working with Jim Elson and Chuck Mahan from the Golden Gate fire district, etc., to put together this thing and man it. CHAIRMAN CARTER: Well, just don't let him fire the cannon. MR. LUNTZ: Sir.'? Sir, I didn't hear that. CHAIRMAN CARTER: I said just don't let him fire the cannon. MR. LLrNTZ: We don't need to do that, Mr. Chairman. We have enough armour all by ourselves coming down from Fort Stuart, Georgia, and Patrick Air Force Base including a thing called a hemmer, which is a ten-wheel all-terrain wheeled vehicle that has the capability of firing -- to help fire missiles which could take out, as they told me, Tampa Bay region if we needed to take it out down from here. So it's going to be incredible. CHAIRMAN CARTER: A little more power than we had out there this morning. MR. LUNTZ: That's right. Power to the people, sir. Out at the Vineyards Community Park on the afternoon of the 4th all these vehicles will be on display. There will be another concert out there. There will be all sorts of activities out there including the fife and drum corp. And we are also very honored to have with us probably the finest drill team in the nation. The Air Force has an honor guard drill team consisting of 16 members, and we have the entire 16- member team coming down. They're flying commercial to come down here. And the Civil Air Patrol group that's coming in in two groups is also flying commercial. So if it wasn't for this board and for Mr. Olliff and my team, this Page 40 June 26, 2001 event, which from what I understand is the only one ever done in the United States that lasts this long and covers this much activity, this would not be coming to pass. We are already working on next year, and you'll find that out as we move forward. And I thank you, Commissioner, and Commissioner Fiala, who's not here today, and my team and everybody else involved. Our team is 22 strong, and we're looking forward to an incredible day. And if you want to have a little laughter, if you happen to be at the concert on the night before the event, you will hear the guest conductor conducting that band, and you know who that guest conductor is going to be. That should invoke a little laughter, but I think once the baton goes up, the laughter will cease, and the Turtle Bogie will come through. I thank you and hope that we satisfied the desires of Mr. Olliff and this board and TDC by making this truly a county-wide community event. CHAIRMAN CARTER: Thank you, Mr. Luntz. (Applause.) CHAIRMAN CARTER: I'd also like to thank you this morning for the flag that is displayed in front of this dais. It was presented to Mr. Herb Luntz by Omar Bradley, and we have properly displayed it here this morning, again, as part of our kick-off event for the July 4th festival. MR. LUNTZ: And we thank you for that honor, sir. COMMISSIONER MAC'KIE: What is the -- MR. LUNTZ: Yeah, Pam. COMMISSIONER MAC'KIE: -- significance of this flag? MR. LUNTZ: Ma'am? COMMISSIONER MAC'KIE: Didn't this flag once fly somewhere significant? MR. LUNTZ: Not this one. This one was given to me, and it's been basically in storage until this 4th of July celebration. We used it Page 41 June 26, 2001 for our team meeting the other night. I brought it with me yesterday to TDC. Chairman Carter said he would be honored to put it up here this morning, and I am honored to be able to do that. Of course, that flag represents the seal of the United States of America. COMMISSIONER MAC'KIE: Thank you. MR. LUNTZ: We are honored to be a part of all of this. CHAIRMAN CARTER: Thank you, sir. Thank you, committee. Any questions by the board? COMMISSIONER MAC'KIE: No, just gratitude. Item #6B PRESENTATION FROM MR. RONALD SCOTT, PAST PRESIDENT OF COLLIER COUNTY VETERANS' COUNCIL- PRESENTED AND PROCLAMATION- ADOPTED CHAIRMAN CARTER: Okay. Thank you so much. All right. Let's move to the next item, which would be "B" presentation by Commissioner Mac'Kie. COMMISSIONER MAC'KIE: Actually, this is Mr. Ronald Scott, past president of Collier County Veterans' Council. MR. SCOTT: Correct. Good morning, Commissioners. Good morning, everybody. I am the past president of the Collier County Veterans' Council, which is 15 different veterans' groups within the county. Today I'd like to thank all of the commissioners, Mr. Olliff, and anybody that has helped me in any of the programs that I have been very fortunate to chair. I am going to be leaving the area, and that's why I wanted to come today and thank everybody for all your support in the past years. I am moving back to West Virginia where I was born. Family is very dear to me, and this is something that I need to do. I just wanted to Page 42 June 26, 2001 come today and thank everybody for all your support, and I wish everybody luck in the future. COMMISSIONER MAC'KIE: Scotty, if we can ask you to come up here, I have a little something to read to you if you would be so kind. This is a proclamation that reads: "Whereas, Ronald Scott, known as Scotty, a twice-wounded Vietnam veteran, member of the Americile division, has committed himself to veterans awareness in Collier County; and, whereas, Scotty has been actively involved in the Collier County Veterans' Council, the Vietnam Veterans of America Local Chapter 706, the POW/MIA awareness programs, the Naples Garden Cemetery Memorial Day ceremony, and the Vietnam Veterans of America food drive; and, whereas, Scotty has devoted countless hours educating school-age children about the Vietnam War so that they may have an increased understanding of this conflict and its importance in America's history;"-- and if I may add, Whereas, we are indebted to him for his military service, inspired by him for his community service; "Now, therefore, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that June 26th is Ronald Scott Day commemorating Scotty for his outstanding contributions to Collier County and his lifetime of service to veterans everywhere. Done and ordered this 26th day of June 2001, Board of County Commissioners, James Carter, Chairman." I am honored to move for acceptance of this proclamation. COMMISSIONER HENNING: I'll second that. CHAIRMAN CARTER: We have a motion, and we have a second. All in favor signify by saying aye. (Unanimous response.) CHAIRMAN CARTER: Opposed by the same sign. (No response.) Page 43 June 26,2001 CHAIRMAN CARTER: Motion carries. COMMISSIONER MAC'KIE: Thank you, Scotty. CHAIRMAN CARTER: Thank you, Scotty. (Applause.) CHAIRMAN CARTER: I salute you, sir. Thank you, Scotty, for everything. COMMISSIONER MAC'KIE: The community's going to be diminished by his leaving. It's certainly been enhanced by his presence here, as has the country by his service, and we're grateful to him very sincerely. CHAIRMAN CARTER: Thank you, Scotty. You'll be missed by all of us. Our loss, West Virginia's gain. MR. SCOTT: Thank you. Item #6C MR. MIKE DAVIS, REQUESTING BOARD OF COUNTY COMMISSIONERS CONSIDERATION FOR THE CREATION OF AN MSTU FOR ROADWAY IMPROVEMENTS FOR ARNOLD AND MERCANTILE AVENUES - STAFF TO TEMPORARILY FILL POTHOLES AND PREPARE AN ORDINANCE REGARDING THE MSTU - CONSENSUS CHAIRMAN CARTER: All right. Moving to Item C, Mr. Mike Davis. MR. DAVIS: Thank you, Mr. Chairman and Commissioners. My name is Mike Davis for the record, and I own commercial property at 3661 Mercantile Avenue. Just as a side note, as a Vietnam vet and for all the ones that aren't here today, good for you the honor that you just gave Scotty. He's done so much for the community. We appreciate that. Page 44 June 26, 2001 The reason for my being here today is that we've got a bit of a problem in the airport industrial park, as I know Commissioner Henning knows with it lying in his commission district. There's an area bounded by Mercantile and Arnold Avenues on the north and south and Dean and Don streets on the east and west that still are private roads. It was never dedicated to the county all those years ago. We are experiencing continuing problems with potholes and those sorts of issues. On occasion the county has done some emergency repairs in the area. The property owners have recently gotten together and, with the help of Mr. Ed Kant from the transportation department, have started the process of forming an MSTU to bring those streets up to the same standards of the streets that lie to the south, Progress and Domestic and those streets, from a street standpoint or road standpoint and also a drainage standpoint. We already have sewer and water in the area. That petition process just got put in motion, and from our initial contact it looks like we'll probably be easily in the 75 percentile of a favorable response, if not higher, by the property owners. There are two issues, and they really are the reasons why I'm before you this morning, the first being we respectfully request that staff be authorized by the board to do needed temporary repairs, filling of potholes and the like, particularly now in the rainy season because that's when they really pop up. Those costs, needless to say, would be reimbursed by the MSTU once it's up and running. I'm told that there is precedence for this being done in the past. As I said, with the rainy season upon us, it will certainly keep those roads a lot more passable. And as I see all the great work being accomplished on Livingston Road to the east, it looks like it's not going to be long before that's open, and you have to appreciate that that's going to change the traffic patterns in our park there certainly from a positive standpoint, but we want to keep those roads Page 45 June 26, 2001 serviceable certainly. The second issue, and it's one of a legal nature, is we would be interested in knowing that if the property owners saw fit for each of us to front money to the MSTU before taxes are actually being collected to speed the process of road construction along and then the MSTU later pay back that money since it might not be all the property owners -- and Mr. Kant may be able to speak more intelligently to that point than I, you know, of what we'd like for the board to do in the way of authorization today. MR. KANT: Thank you. Good morning, Commissioners. Edward Kant, transportation operations director. We've been working with the homeowner -- pardon me -- with the property owners group for probably six or eight months now. We've had several meetings that were very, very positive. The issues from our operational standpoint, as Mr. Davis points out, are that we're not reluctant to go in there and do the work to fix it up. However, it is private property, and we can't do so without adequate authorization. We propose that if the board wanted us to try to build something into the MSTU ordinance similar to what we did recently with the Vanderbilt Beach property owners to help them get a leg up so that they wouldn't have to wait a year and a half to two years to actually see some work done in there, we certainly wouldn't oppose it, but we felt it should be a board policy rather than a staff decision. We also discussed with them-- because, again, in their desire to move this forward, several of the property owners have indicated that they didn't have a problem in trying to help front some money. Frankly, we're looking at about a million-dollar-plus project here, and I don't know how many that's going to take or how much, but our concern was -- again, and this is something that before we went to the legal staff to try to work out whether or not we could do this, we Page 46 June 26, 2001 wanted to make sure that there were no objections or issues that the board felt was inappropriate. COMMISSIONER HENNING: I think it is proper to give direction to our staff to temporarily fill these potholes and create an ordinance for the MSTU. MR. KANT: Typically what we've done in the past, as Mr. Davis points out, or at least in the ten years that I've been sitting in this chair, is we have had that direction. We keep track of it like any other project, and we know to the penny pretty much how much we spend and, therefore, when the tax dollars come in, that becomes an obligation of the MSTU up front. CHAIRMAN CARTER: Well, I would certainly concur with Commissioner Henning, and I would just like to see us move forward, answer the legal questions through David Weigel's office, and do whatever you need to do. At least I see two heads nodding. Now I see three, four. You've got four that say go for it, so that's all you need to do, Mr. Davis. Thanks for being here this morning. MR. DAVIS: Thank you very much, Commissioners. CHAIRMAN CARTER: Thank you very much. COMMISSIONER HENNING: Thank you, Mr. Davis. All right. At this point it is 10:30. We are going to give our magic fingers a rest. We'll take 15, and we'll be back at 10:45. (A break was taken from 10:30 a.m. to 10:55 a.m.) Item #6D MR. MIKE VOLVE SPEAKING ON BEHALF OF MR. KEITH BASIK REQUESTING A PRIVATE ROAD ENTRANCE OFF GOODLETTE-FRANK ROAD - NO ACTION TAKEN CHAIRMAN CARTER: Okay. We're back in session. It's five Page 47 June 26, 2001 minutes to 11. Welcome back to the Board of County Commissioners Meeting on June 26th. We are now to the next item under petitions which is Item No. D. Mr. Mike Volpe. Good morning, sir. MR. VOLPE: Good morning, Chairman Carter, members of the board. For the record, my name is Michael Volpe. I'm here this morning representing the American Funding & Service Corporation. I've asked your county manager, Mr. Olliff, to just hand out a little handout to you. If you'll follow along with me, it may make it a little bit easier for the presentation. I've numbered the pages in the lower right-hand comer. Pages 13 and 14 show the location of the property. This is a 9 1/2 acre parcel of land on Goodlette-Frank Road. It's a little north of the Highpoint Country Club. There's a plat map, and there's also a site map that shows the location of the property. I'm sure that you're all familiar with it. It's one of the only undeveloped sites on the west side of Goodlette-Frank Road in that area. The zoning on that property is RMF-6, but it is located in a traffic-congestion area and, therefore, there is a limit of three units an acre on this site. Back in 1998 there was a petition filed with the Board of County Commissioners for a conditional-use approval to use this property for an assisted-living facility. In that -- the project as it was designed provided for driveway access from the project onto Goodlette-Frank Road with an emergency access at the southwest comer of the property connecting with 12th Street. Back in 1981 the Board of County Commissioners and the city council entered into a resolution requiring joint approvals from both of those elected bodies to access along Goodlette-Frank Road. It was as a result of that 1981 resolution that we went to the City of Naples to determine whether they had any objection to that private driveway access onto Goodlette-Frank Road, and there is included in your Page 48 June 26, 2001 package, pages 9 and 10, a letter from Mr. George Archibald indicating under certain circumstances that the driveway access off of Goodlette-Frank Road onto the project site was acceptable to the city and there would be no objection. On page 9, the last sentence of the first paragraph, (as read): "Assuming the project forgoes access to any of the surrounding local streets, the resulting traffic patterns should minimize new traffic on local streets, minimize any capacity constraints to Goodlette-Frank Road, and conform to the county access standards." Your own staff, Mr. Ed Kant, page 11, indicated that your staff had no objection to the driveway access off of Goodlette-Frank Road with the recommendation that there be no interconnection to any of the residential streets in the area. That's at page 11. The Board of County Commissioners approved the conditional use for an assisted-living facility on the site. It was approved for 194 units. That was in 1998. Since that time the property owner has proceeded with getting the necessary permits from South Florida Water Management and actually has all of those permits in hand and is prepared to proceed with the conditional use that has been approved for the project, but he has begun to explore options that are available to him. The underlying zoning is for single-family residences, so the property owner is considering a single-family residential community instead of the assisted-- (Loud hammering noise.) COMMISSIONER MAC'KIE: They're going to check. MR. VOLPE: -- instead of the assisted-living facility. Three units -- should I continue, Chairman Carter? COMMISSIONER MAC'KIE: It's a little distracting. CHAIRMAN CARTER: There's an old commissioner in the wall trying to get out. MR. VOLPE: The ghost of Max Hasse. Page 49 June 26, 2001 The property owner is prepared to proceed with the 194-unit assisted-living facility, but has actually, as I said, begun to explore the possibility of developing this property into single-family residential units, three units an acre, maximum probably 27 or 28 units. But before he proceeds with those plans, he wanted to make sure that there was a continuing no objection from both the city and the county as to the private drive access onto Goodlette-Frank Road. In your package on page 12, there's a letter from the City of Naples dated yesterday indicating that from the city's perspective they have no objection to the plan which would continue to allow the private-driveway access to Goodlette-Frank Road. Paragraph 2 of Mr. Archibald's letter-- (as read): "The prior BCC approval took into consideration the desires of the neighbors, and the desires have not changed in terms of not wanting interconnected streets, referencing traffic calming on Cypress Woods Drive and limited interconnectivity of the street system between U.S. 41, Goodlette- Frank Road, and points north." Mr. Archibald on behalf of the city has indicated that the city continues to have no objection to the driveway access to Goodlette- Frank Road if the property owner decides to develop it for single- family residences. We're here at the suggestion of your staff at this particular point in the process to ask for your direction to the staff or some indication from the board in response to that 1981 resolution that nothing has changed and that from the board's perspective, the board would have no objection to the continuing private driveway access off of.Goodlette-Frank Road onto the property site. CHAIRMAN CARTER: Mr. Kant, before you begin, I've reviewed this with Mr. Volpe, and I'm just going to go right to it. What happens if you don't have an access out to Goodlette-Frank at all, and you have 25 or 35 homes that can be built in there, and then they use the regular roadway system, and there is no additional access Page 50 June 26, 2001 to Goodlette-Frank? A, it will not be a gated community. B, it can be an integration into the neighborhood, and it also would continue with our new direction of interconnectivity. So I'd like you to comment on all of that as you go through this, please. MR. KANT: Thank you, Commissioners. Edward Kant, transportation services director-- sorry -- operations director. MR. OLLIFF: Mr. Kant, before you even get started, I'm going to suggest to the board that it's probably the inappropriate forum to even discuss or have this decision made. My suggestion would be that the normal process of events, at least the way I understand them, would be that the property owner would file for a site development plan at which time the staff would provide whatever stipulations for access and egress and ingress that they would, and then if there were a disagreement on the part of the property owner in terms of the staff stipulations, then they could appeal that, and then you would hear this issue as an appeal of a staff decision on the site development plan. But I don't know that you want to start setting a precedence of making these land-use-type decisions or site-plan-interpretation type decisions under public petition. COMMISSIONER MAC'KIE: Well -- and if I could just say, you know, it's making them in a vacuum, frankly, because, with all due respect, Commissioner Volpe -- you see, old habits die hard -- this was -- this connection was approved under conditions that had to do with an ALF. It didn't have anything to do with -- because I think this is a piece of property that maybe your clients came to see me about -- you and I haven't discussed it -- and I said to them, "Oh, my goodness, this looks like the appropriate place for interconnection, integration into the neighborhood to the west and, you know, if you're not going to do an ALF, everything is different." We don't have, by any stretch of the imagination, enough information to make an informed decision, and if we just smile and Page 51 June 26, 2001 nod and say, "Yeah. It looks good to the city and the conditions are good the way" -- it's what they said in '98, we'll be in a big mess. MR. VOLPE: I respect that position and the position of your county manager, and I don't expect to change the direction that the board seems to be headed but just to indicate to you that what we've got is an approved project which would allow for the owner of the property to proceed with driveway access onto Goodlette-Frank Road. By converting to single-family residences, the trip generation will be reduced by about 50 percent. The access along Goodlette- Frank Road -- the property frontage is of a sufficient length to allow for signals. So nothing has changed since your approval of 1998 except that instead of being single -- instead of being an ACLF of 194 units, it would be 30, maximum, or 28 single-family residences, but that's the issue. Staff suggested that because you had originally -- all we're talking about is a change in the -- or going back to what the underlying zoning is, staff indicated that it may be more appropriate to get direction before you go through the site development plan process in doing it as a single family if you have an objection now when you can do it as an ACLF. COMMISSIONER MAC'KIE: And this -- CHAIRMAN CARTER: Mr. Olliff-- COMMISSIONER MAC'KIE: -- really gives me an opportunity to say, Mr. Olliff, that I think that these public petition items could be monitored a little better before they get to us. I really think we're getting some things in public petition that we don't need to, and this is a perfect example. MR. OLLIFF: And if we made that suggestion to the property owner in this case, I'll take the blame for that. That was probably poor advice on our part. MR. KANT: Commissioners, Mr. Olliff, I'd like to clear the Page 52 June 26, 2001 record, please. To the best of our knowledge, that was not the direction. The direction that was given to the petitioner was that he needed to go through the process and that the board would make the final decision, and if there was a disagreement between the staff and the petitioner, he had administrative review rights. So we did not give him that direction. I would like the record to reflect that. MR. VOLPE: And I apologize, Mr. Kant. I was told that there was a member of the planning staff that suggested the public petition process. I appreciate the board's indulgence. I apologize for having placed this item inappropriately under public petitions, and we'll see you at a later point in time. CHAIRMAN CARTER: Okay. MR. VOLPE: And enjoy your holiday. CHAIRMAN CARTER: Thank you, Mr. Volpe. COMMISSIONER MAC'KIE: Thanks. Item #6E REQUEST BY MR. JAMES CARR TO HAVE THE BOARD OF COUNTY COMMISSIONERS CONSIDER WAIVING IMPACT FEES FOR A GUEST HOUSE LOCATED AT 681 15TM STREET S.W. - NO ACTION TAKEN CHAIRMAN CARTER: I appreciate it. I think we're okay. We can now move to Item E, request by James Carr to have the Board of County Commissioners consider waiving impact fees for a guesthouse located at 681 15th Street Southwest. MR. CARR: Good morning. I'm a little nervous, so I'll just try to give you the facts. CHAIRMAN CARTER: You need to speak right into the microphone, sir, please. MR. CARR: My name is James Carr. The address on here isn't Page 53 June 26, 2001 correct. The guesthouse is actually located at 3840 Seventh Avenue Northwest, which is still the estates off of Weber. The property was built in '79, and there was a permit for the main house, and a garage was built. In '80 the owner of the property at that time converted the garage into a guesthouse for their daughter to live in. Then the daughter bought the whole property from her parents, I believe, in '86. I bought the property from her in '96, and it turns out that the guesthouse was never permitted. I had code enforcement come out and tell me that I need to get a permit or tear it down. Eight months later I'm here after finally getting through a lot of problems through Horseshoe Drive and getting the proper permits filed and all of that. I am now told that there's impact fees of over $4,000 for the guesthouse. I was told that the only people that have the authority to waive those impact fees would be the commissioners. COMMISSIONER HENNING: Mr. Carr, is this guesthouse being utilized as a guesthouse? MR. CARR: When I purchased the property in '96, it was marketed to me as two houses with income potential to rent out the guesthouse, not knowing I couldn't do that. COMMISSIONER HENNING: Is that in writing? MR. CARR: It was marketed to me that way through Naples Realty. I've been told I can sue about six different people, but I chose not to go that way. COMMISSIONER HENNING: That's where the responsibility falls upon from what I hear. And I don't know if it's used as a guesthouse, but maybe another option is to turn it back into a garage and use it for that. MR. CARR: That was one option. It would have to be a cabana-type thing to convert it back. But I bought it with the intention of living in the main house, renting out the guesthouse not Page 54 June 26, 2001 knowing I couldn't do that. COMMISSIONER COLETTA: This is fairly common. We see the same thing out in the estates where guesthouses aren't permitted for renting, and quite often they're sold with the idea that people can rent it out. It's passed onto the realtor. We have people come to us all the time saying, "Well, I was told I could do this." Well, they were told by them and not by the realtor and not by the Collier County Commission. There are certain rules that have to be followed at all times. As painful as it may be, from where I'm sitting here right now, I would say you probably have to go through the whole process. MR. CARR: Which I have. Because of code changes and all of that and because of the size of the lot, it's grandfathered in. I have aerial photographs to prove when it was built. I've got tax -- it started getting taxed in '86 through the tax ledgers. I am now at the permitting stage. I have to either upgrade -- you know, once the inspections are done, I might have to upgrade certain things, but when I went to get the permit, there was $4,000 of impact fees that I wasn't aware of. COMMISSIONER HENNING: Mr. Carr, I am sorry that the realtor misguided you on the sale of this property and what you can use it for. I'm sorry that they didn't inform you there was a permit for the conversion of the garage to a guesthouse. But it does not fall back on the taxpayers, and that's exactly what you're asking for us to do. I don't know if that's a true benefit of the taxpayers as a whole. CHAIRMAN CARTER: I believe it's a civil issue, sir. I mean, you know what you need to do to become in compliance. You have to pay the $4,000. Then if you choose to go back and deal with the realtor or anyone else who was involved in that, I think that's your civil right. But I agree with Commissioner Henning that I cannot put the burden on the taxpayer because of a civil matter. That's where I Page 55 June 26, 2001 am. COMMISSIONER MAC'KIE: It sounds like that's the majority. COMMISSIONER COLETTA: Same thing. CHAIRMAN CARTER: It's the majority of the board, so I would suggest you proceed with our system and then take your other cause into civil court. MR. CARR: Two reasons why I was here is, one, as a taxpayer to ask for a little relief of what I've gone through because it has been taxed -- the tax has been paid on that property since '86 for the last 15 years. The other issue was to put a bug somewhere so that other people don't go through what I've gone through. I think the code system 15, 20, 25 years ago was very lax to where it is today. So I was also going to request or ask or put a bug in your ear that at some point along when people buy property in Collier County, somebody should be responsible for pulling permits and making sure that all of the things on there are viable. In other words, whether it be at a closing, whether it be a real estate agent, whether it be the title insurance company or something because I know I can go up every street in the estates, and there are probably thousands and thousands and thousands of infractions that are out there. But the only ones that get caught is usually through a vengeance of-- i.e., me -- a tenant who didn't pay rent. I went to evict him, and he knew the code, and he called code enforcement. So there's not a level of justice in the code enforcement out there because, like I said, you can go up every street and find 10, 15, 20, 50 infractions that are out there, and the ones that are paying the price are people like myself. CHAIRMAN CARTER: Commissioner Mac'Kie, you are a real estate attorney. COMMISSIONER MAC'KIE: Well, he makes a good point. The answer to the question of whose responsibility it is is the Page 56 June 26, 2001 individual property owners and then whatever agents you hire to represent you, if it's a real estate agent, a lawyer, a title company, whoever it is. I think the point that I'm hearing that I do have some curiosity about is is there any kind of recordation in the land records? Is there anything in the land records so his title company or his lawyer could have told him that this is an unpermitted building, and I don't see how he could do that. So, you know, I just don't know how to solve the problem. MR. CARR: Well, it's on the property appraiser's card. COMMISSIONER MAC'KIE: It's on the property's card? MR. CARR: Whether it's being taxed or not or what year it started being taxed or the permit itself. COMMISSIONER MAC'KIE: I mean, I would be curious to have staff determine if there's a way that we could record some notice in the land records that would notify people in circumstances like his so that if a realtor is saying this was a permitted building -- MR. OLLIFF: How would we know that? COMMISSIONER MAC'KIE: Well -- MR. OLLIFF: I guess that's the question. I have wondered why on a title search in this particular case it wouldn't have showed the single living structure as being the property, and that should have raised the flag then that if there's a second structure that doesn't show on the title -- that's the only way I know of that this would have shown up. COMMISSIONER MAC'KIE: Structures don't show on titles. COMMISSIONER COLETTA: One thing I can assure you is that the realtor was probably aware of the fact that you can't rent these dwellings out in the estates. COMMISSIONER MAC'KIE: Or should have been. COMMISSIONER HENNING: No questions from me, Mr. Chairman. Page 57 June 26, 2001 CHAIRMAN CARTER: All right. Mr. Dunnuck, do you have any comments? MR. DUNNUCK: No comments at this time. CHAIRMAN CARTER: Okay. No questions from the rest of the board. Sir, again, I regret the situation you're in. We do know that there are problems and just hope in the future we can, from our part, address them as quickly and as effectively as we can. But, again, the real estate community does have an obligation to its clients and, again, anyone that's buying property. It's called due diligence. You can't be careful enough. You have to flip all the stones over is what I always say. MR. CARR: Thank you. Item #6F REQUEST BY MR. WILLIAM L. HOOVER ON BEHALF OF MR. LARRY GODE TO HAVE THE BCC CONSIDER GRANTING CREDIT FOR PREVIOUSLY PAID APPLICATION FEES AND REAPPLYING FOR A STANDARD REZONING - NO ACTION TAKEN CHAIRMAN CARTER: Moving to the next item, F, Mr. Hoover. MR. HOOVER: Good morning, Commissioners. William Hoover representing Larry Gode. This was a petition that came before you about two months ago that was continued, and since then we've met with Chairman Carter and the Naples Park Civic Association. One of the suggestions that came forth from these meetings was that rather than pursuing the C-3 -- the property's already zoned C-3 -- would Mr. Gode, who's a builder, downzone the Page 58 June 26, 2001 C-3 property to RMF-6 and put a single-family home on that as well as the neighboring property that's zoned RMF-6. He said he would do that if he received credit for the previous fees towards the new application. So, essentially, based on input from the civic association, he's willing to downzone the property from commercial to residential. In this case it makes it a relatively easy review for the county because Naples Park is already a residential subdivision that's approved. So we have no traffic study to approve or review, no environmental study to review. The planning staff already knows the neighborhood from being around there. So it makes the petition almost ready for advertising and going to the Planning Commission and then eventually back to the board. CHAIRMAN CARTER: Questions from the board. Miss Murray. COMMISSIONER MAC'KIE: That's another one that makes me nervous. I don't know why we're doing this in this forum. I don't understand why we should do this. I don't know what the public benefit is, why the taxpayers ought to be paying this application fee. You know, a developer came in with an idea, it didn't work out, and now he's got another idea. Please pay the fees and go on about your business. If we start, you know, tipping this domino, I hate to see where they'd go. MS. MURRAY: I don't have any other additional comments other than we would not support the request. CHAIRMAN CARTER: Any support on the board for the request? (No response.) CHAIRMAN CARTER: It looks like you can go forward, but you have to continue to pay whatever fees you work out with the planning services group. MR. HOOVER: Okay. Thank you for your time, Page 59 June 26, 2001 Commissioners. Item #6G MS. CHERYL NEWMAN REQUESTING AN INTERPRETATION BY THE BOARD OF COUNTY COMMISSIONERS REGARDING "OUTSIDE STORAGE" IN C-4 ZONED AREAS - STAFF DIRECTED TO BRING BACK REVIEW ON C-3 AND C-4 INTERPRETATION ON 7/31/01 CHAIRMAN CARTER: Thank you. I'll move to next item, F -- I'm sorry, G, by Miss Cheryle Newman. MS. NEWMAN: Good morning, Commissioners. For the record, Cheryle Newman, vice president of the Golden Gate Civic Association. This morning I've asked to come before you to request the BCC to provide an interpretation of two SIC codes or standard industrial -- COMMISSIONER MAC'KIE: -- classification. MS. NEWMAN: Okay. That's it. The first one being 75-49 and the second one, which also is referenced in 75-49, is 75-21. They are allowable uses for zoning within a C-3 and a C-4 zoning under the Land Development Code. The issue before me, actually, which I'd like you to review, is they're not completely definable. They're very confusing, and it's very difficult to understand exactly what you're saying or what you're asking in the zoning ordinance itself. The reason I'm before you today would probably point to maybe one issue that's at hand. Rather than pinpoint one issue that they are going to come up here and there with, we thought it would be best if the BCC would possibly direct staff to look at this in the overall for all the undeveloped pieces of property within Golden Gate and maybe other areas within the county Page 60 June 26, 2001 that would fall under these SIC codes. COMMISSIONER HENNING: Cheryle, I think -- let me try to get in my mind what you're asking for. You want us to interpret the automotive uses in C-3 -- that's what that 75-28 or 29 is -- and how it got there. You want the Board of County Commissioners to interpret that. Also in your letter in the packet it says outside storage in the C- 4 area. MS. NEWMAN: Right. COMMISSIONER HENNING: Are you asking the board to interpret if that's allowable? MS. NEWMAN: Correct. The issue at heart -- and rather than just, like I said, pinpoint one specific location, the use is going to abut directly to residential property, which I don't feel -- well, the civic association doesn't feel that we should be fighting each one individually every time one of these come up. There are a lot of uses along Golden Gate Parkway that are zoned C-3, C-4, and these could also come up. With the master plan coming around again, it's very important that these be defined before that happens. And, yes, you're correct, outside storage is one of the biggest situations; automobile outside storage for this one specific location. But rather than, like I said, pinpoint one specific location, I would rather see it all-encompassing. I don't know what else to say. COMMISSIONER MAC'KIE: Mr. Manager, again, this looks to me like something that needed to be managed better before it got to us because isn't the process here that if you desire an interpretation, you request an official interpretation; if you like it you live with it, if you don't like it you appeal it to the board? MR. OLLIFF: I'm not sure that they have standing to ask for any interpretation in this particular case. I mean, they're not -- as a civic association, generally, these have shown up under public petition. When a civic association or a citizens group wants the Page 61 June 26, 2001 board to address a certain issue in the zoning code, this is the way that I'm familiar with it, at least. If the board is willing and wants us to go back and take a look at it and bring back an item for the board's decision in terms of what the interpretation is on C-3 and C-4, outside storage in particular, as it relates to automotive uses, we can do that. Mr. Dunnuck, why don't you also give us some indication of when you are handling the entire C-3 and C-4 reviews with the board which might kill two birds with one stone here. MR. DUNNUCK: Definitely. For the record, John Dunnuck, community development and environmental services interim administrator. Tom's correct. That's on the docket for this coming fall in the Land Development Code cycle. The way I kind of see the cycle working is that we would back out and have almost a workshop discussion with the board at some level to get an indication of where they would want to head in the Land Development Code so that we wouldn't be bringing it to you at the very end of the cycle. We would have the broader discussion early on. I would anticipate that that would probably be sometime in October. COMMISSIONER COLETTA: John, do you think at that time that we might be able to get ahold of the Golden Gate Civic Association and make them aware of it so that they're prepared to come here? MR. DUNNUCK: Absolutely. I think part of this whole process needs to be a public-participation process because we're not talking just Golden Gate. We're talking about the entire county when you're talking about C-3 and C-4. That's the broader issue that we need feedback on. COMMISSIONER HENNING: Exactly. I agree that it's broader, not just in Golden Gate. But in this interim process there are applications for site development plans for specific uses, and we're Page 62 June 26, 2001 looking at a potential grandfathering in a lot of uses that wouldn't be fitting in each and every one of our districts. So I think the request is something that we need to look at and deal with. We've got July 31 st as our next meeting to bring it forward. In the meantime, Mrs. Newman, I'm sure, can meet with each individual commissioner to tell the whole story. CHAIRMAN CARTER: Well, I don't think, if I'm hearing Mr. Dunnuck right, that we'd be ready by July 31 st. If you can look at C- 3 and C-4 and its application throughout the county, factoring in what Miss Newman is requesting this morning, all of that could be brought back at once. At least that's what I thought I heard you say, Mr. Dunnuck. And along with that we would be looking at how huge doors face the thoroughfares -- as a recent Firestone or Goodyear operation has these big doors facing the road which could have been accommodated to the side or the back, and the pleasant part of the building could have been facing the arterial. So I hope all of that is addressed in that review process. MR. DUNNUCK: Well, certainly, I concur. I think we're talking about one specific issue as part of the C-4 district here which we would be happy to bring back in July if the board would like. However, I would like to keep it to a broader discussion because I think they all kind of fit together from the perspective of what the board is looking for and what the board sees in those particular zoning districts. COMMISSIONER HENNING: Well, we definitely don't want a Beachcomber issue coming up before the board and everything being played out in the paper, so I would like to see it done in July at our last meeting. CHAIRMAN CARTER: Well, as long as it fits the picture. I do not like making decisions in isolation, so I would prefer if we can monitor everything -- I don't want another Beachcomber anywhere in Page 63 June 26, 2001 these issues. But I really feel that -- I defer to staff. If they can bring us back the big picture in October and deal with everything rather than making one decision in isolation only to find out later it doesn't fit the picture -- that troubles me. COMMISSIONER COLETTA: I have to agree with you on that, Mr. Carter. I do agree that some of these changes that have taken place over the years are not beneficial to C-3, C-4, and especially the residential area, but I can't understand how we ever got to the point that use, like storage use, becomes a permitted use where different other parts that were originally in C-5 were allowed in C-4. I don't know how these stuck in over the years, but they certainly have to be addressed. I would have a problem trying to take care of it at the next meeting on such short notice. We wouldn't be doing the public a favor to bring it up and try to move it forward in a short time. It has to go through the regular process. But I wish there was some way that we could put a freeze on future ones happening until that point in time that we can address it in October. CHAIRMAN CARTER: Mr. Olliff. MR. DUNNUCK: I would recommend against that in the interim until -- you know, you're going to have a pretty full docket on July 31 st to begin with with millage and everything else coming back and, frankly, you'll have a heavy workload with having six weeks off or four weeks off. But we will work hard, and I'll follow up with a memo to the Board of County Commissioners outlining a time line specifically on this issue. But you're correct in the fact that it's been about 12 years since any of these districts have been looked at from a whole, and that's why it's going to take some time. I mean, this is a major undertaking. This is one that involves the development community, involves property rights, and one which we need to be careful and not rush Page 64 June 26, 2001 through. COMMISSIONER COLETTA: But we did handle the one on the storage units. They're no longer a permitted use. They're a conditional use; is that correct? MR. DUNNUCK: That's correct. COMMISSIONER HENNING: Storage units where? MR. DUNNUCK: C-4 district. COMMISSIONER HENNING: But warehousing is allowed in C-4, am I correct, or are you talking about outside storage? MR. DUNNUCK: No. I'm talking about the air-conditioned storage units that the board approved through the last land development -- COMMISSIONER HENNING: As a conditional use. MR. DUNNUCK: As a conditional use. CHAIRMAN CARTER: Mr. Olliff or Mr. Weigel, any comments here that we need to factor into this discussion? MR. OLLIFF: The only thing I would give for the board's consideration, at least, is you are, I think -- there's no way we can bring all of C-3 and C-4 type of discussions back to the board on July 31st. First, I would never recommend that you try and tackle both a mid-summer meeting and an entire review of a zoning district at the same meeting. But if the board wants to look at this one particular interpretation issue, we can certainly bring that back to the board at that one meeting and then have the other discussion, the full-blown discussion, on those zoning districts later in the fall as Mr. Dunnuck has recommended. CHAIRMAN CARTER: Looking at that day in July, I would defer it to the fall, again, because I don't -- I'm hoping that -- you know, I'm really hoping nothing happens in between. COMMISSIONER COLETTA: One issue wouldn't be that big of a deal, though. I mean, we're not talking about the whole thing. Is Page 65 June 26, 2001 this one issue, or is it more than one issue? COMMISSIONER HENNING: It's basically one issue. Working with the civic association, I thought this was the best avenue besides playing it out in the media. So there is -- I think this is a great compromise to try to deal with this before it does end up being an egg in the face of the county again. CHAIRMAN CARTER: Can we accommodate that, Mr. Dunnuck? MR. DUNNUCK: Yes. CHAIRMAN CARTER: Okay. COMMISSIONER COLETTA: What is that one issue we're going to accommodate? COMMISSIONER HENNING: I think Mrs. Newman can talk to you individually. MR. OLLIFF: We're actually talking about getting the board to discuss an interpretation of outside storage as it relates primarily to automotive uses within the C-3, C-4 district at the July 31 st meeting, and then we'll cover the C-3 and C-4 district in total in the fall. COMMISSIONER COLETTA: Okay. CHAIRMAN CARTER: Okay. I'm all right with that. MS. NEWMAN: Thank you very much. CHAIRMAN CARTER: Okay. Thank you, Miss Newman. Item #6H PUBLIC COMMENT ON GENERAL TOPICS We go now to public comment on general topics. Do we have any speakers, Mr. Olliff? MR. OLLIFF: Mr. Chairman, you actually have four speakers, and I'll call the first speaker, and then I'd ask the second speaker to just be ready and be on deck, if you will. The first speaker is Robert Page 66 June 26, 2001 Jenkins followed by Ty Agoston. MR. JENKINS: How are we doing, Commissioners? My name is Rob Jenkins, for the record. On the 12th or the last meeting we honored or we spoke with the students working against tobacco, and we told them what a great job they were doing and how we encouraged them to keep up the good work. But on the same very same day the Governor and the Cabinet removed the restrictions from putting state money into tobacco stocks. I thought that was kind of like a slap in the face to these young kids who are working so hard to keep people from getting on tobacco to have the Governor do this, and I was asking if perhaps there's a way that this board or this county could send a letter to the Governor in the form of a resolution asking them to reconsider investing in the tobacco stocks. I sent them an e-mail, and the response I got was rather interesting. It says (as read): "The Governor's an avid supporter of anti-smoking programs such as the youth-targeted Truth campaign which will earn $39.1 million in state funding this year. That state funding comes, of course, from the tobacco settlement that we sued as a state to receive money for treating sick smokers. However, he does have a fiduciary responsibility to thousands of members of the retirement system. Consequently, the Governor feels that this should not be the state pension fund for political or social policy." I think it's more of a health policy rather than a political or social policy, so I would ask that the board, if they could, I mean, if it's in your power, to send a friendly letter to the Governor asking him to reconsider investing in tobacco or divesting into tobacco. That's pretty much it. CHAIRMAN CARTER: Okay. I thank you very much, sir. The next speaker. MR. OLLIFF: Mr. Chairman, on that one I need to know whether there's enough board interest for me to bring that back on a Page 67 June 26, 2001 regular agenda or not. COMMISSIONER COLETTA: I have an interest. CHAIRMAN CARTER: Well-- COMMISSIONER COLETTA: But I could take it up with Bob separately and then come back to you with it, and maybe we can -- CHAIRMAN CARTER: Maybe you want to work that out. You see, Phillip Morris, yes, they do sell tobacco products, but they're also Kraft Foods. I really hate to get into telling somebody how to invest dollars in a pension fund portfolio. It's really a matter of economics and return on investments in a system that's a free enterprise, and I don't like to go there. I think that's got to be sorted out. I'm not going to go down that slope. Thank you. COMMISSIONER COLETTA: I won't get into an argument with you on it, but I will work with Bob and just come back with it later on my own. CHAIRMAN CARTER: Fine. MR. JENKINS: Thank you very much. COMMISSIONER COLETTA: Thank you. MR. OLLIFF: The next speaker is Ty Agoston followed by Laveme Franklin. MR. AGOSTON: Good morning, ladies and gentlemen. My name is Ty Agoston. I'm the co-president of the Taxpayers Action Group of Collier County, and I'm speaking for them. You have embarked on a very questionable journey in promoting indigent healthcare. The issue has been thought of by many people. It's an ideal vote-buying mechanism for the people who are receiving and, of course, a counterproductive one for the people who are paying for it. I believe that the way the issue was presented was not exactly ingenuous, meaning when you start with $16 as the potential cost for this, it's really -- you probably could say this -- and I don't want to Page 68 June 26, 2001 come across too harsh, but the fact of the matter is that based on the proposal I have read, we are talking about 200 percent of the national poverty rate, which amounts to somewhere in the area of $34,000 for a family of four, which is actually over the average wage earner's income in Collier County based on Mr. Mihalic's presentation to a radio program he was on. Now, are we really talking about covering the bulk of the county with medical insurance? And, of course, we're not talking about $16 because $16 is ridiculous even based on a $100,000 home, which belong to many in Collier County. So what I'm trying to protest or, actually, we are trying to protest is the method of selling this idea. We are approaching it dishonestly. We should lay it in front of the voters. I believe that for you to sit there and believe that you know better and make a decision that involves such a financial burden on the residents of the county is not fair to your constituents. I believe that as large of an expense that you are embarking on, they should have the right to at least make a comment, rather than you bringing it in piecemeal and essentially walking into this under some -- well, actually, a lot of misrepresentation. You know, you always hear the people who are promoting this idea about the $16. Now, we all know that it's not going to cost $16. Does that sound very good to promote a free healthcare system? Well, there are many nations who provide one nationally, and still the American free enterprise system provides the finest healthcare in the world, and I don't see that any of us or any of you, for that matter, should interfere with a very well working system. If anyone needs financial assistance, there are other mechanisms that are already in place, and if they should be increased we should be talking about increasing them. We should not be getting involved on a county level. I'm not sure whether you have the financial and the demographical expertise to make a judgment such as that. Page 69 June 26, 2001 And the fact that you resent putting the issue in front of the voter does not really become of you. I mean, you're more open than that. You're more ready to ask the voter for a judgment. And at this point in time I would love to ask you to reconsider, among many other people who have asked you, and put this issue in front of the voter. If we're going to embark on the issue, please give the voters a chance to express their opinion. Thank you very much. CHAIRMAN CARTER: Thank you. Next speaker. MR. OLLIFF: The next speaker is Laverne Franklin followed by Alex Brown. MS. FRANKLIN: Good morning. It's good to see you again. I'm here representing the NAACP as its president. We did send a letter to Sheriff Hunter, and we met with him last week, and it was a very productive meeting. We did set down some guidelines and some requests, and we will be meeting with him on a monthly basis to resolve some of the problems about racial profiling and other concerns that minorities have in the county. I do believe all of you did receive a letter that I sent last week. COMMISSIONER MAC'KIE: Yes. MS. FRANKLIN: Good. I did request formally for it to be placed on the July 31st agenda. Today I'm just saying hello again and saying that we do need your support. And even though some laws have been passed addressing racial profiling, it's minimum. We are here to seek your support. We need to be very aggressive in how we address racial profiling because it is real. Most people don't believe it. They think it's perceived; it's something made up, but we know that it's real. And we're asking the county to address it, you know, in a manner -- and that you are supportive of racial profiling -- its ban on racial profiling. So that's why I'm here today. The next observation is that when Pastor Wicker did his Page 70 June 26, 2001 invocation and he stated, you know, eloquently, that -- he talked about diversity. But there's one observation I did make, that there was no diversity when people were presented as far as heroes of the war, you know. I would like to state that African-Americans have participated in all conflicting wars throughout American history. And I think when we give displays, when we do public ceremonies of any kind, that minorities should be included. That happens a lot of times. People don't think that we contribute to history, and actually we do. I think when you do something county- wide -- and we also had this in the city -- that minorities need to be considered, and we need to be showcased just like anybody else because it's real. I think that happens a lot of times that we don't get represented. Problems come in, and there's racial tensions because everyone is not represented, so we need to be really vigilant about that. One thing I want to talk about, too, is that the NAACP promotes prevention and research of AIDS and also with HIV testing. On the 27th of this month, we are encouraging people to be tested. African- American, Hispanic, and Haitians are not coming forth. They're not being tested. I also understand that funds have been cut for research and prevention. I would like to state that I have not done a lot of research on this aspect of it, but if that is indeed true, we need to take a look at that. Here in Collier County and in Florida the numbers are epidemic. I'm asking you, you know, as County Commissioners that if you did indeed cut funds, if you can increase the amount of funds towards research and prevention of AIDS, then please do so. I also understand that you've broken down into different committees. The NAACP -- and I also have talked with other minorities, Haitians, Hispanics, and we're very interested in being an arm of the government. So we come in peace. We come with our sleeves rolled up, you know, to address a lot of different issues that Page 71 June 26, 2001 are impacting minorities throughout this county. So please take advantage of our services, and call me when you need us. Thank you very much. CHAIRMAN CARTER: Miss Franklin, thank you so much. Just a couple of things that you raised this morning. Let me deal with the last one first. As always, any member of the community is welcome to come to these committees. I think all of us would value if people or the NAACP or other organizations say "we want to recommend" or a person to step forward and say, "I want to serve on this." They'd be more than welcome. Number two, the honor guard for the continental presentation this morning is part of the Friends of the Museum. I'm sure they would welcome any member of any community to come join that group and be a part of it. It's an open door, and I'm sure Charlie Abbott would love to have a member of the Afro-American community be a part of that. I do know the role that they did play in the civil war. As you and I both know, many fought, and if they stayed so long in the continental army, they were granted their freedom. All we have to do is watch The Patriot and we have a great example of that. So we'd love to do that. So, please, I encourage you to have them step forward. MS. FRANKLIN: I think it's also -- when you have people in leadership responsibilities, you know, they need to contact the NAACP. We are the oldest, and we're the most recognized in the country. You know, here in Collier County they know where we are. I think that though we may be small in number as far as minorities are concerned, but people in these key positions -- and they know the NAACP. They know how to get in touch with me. They need to step forward and say, "Look, we're presenting XXX. You know, we need your input." Page 72 June 26, 2001 I'm getting a lot of response from a lot of different people throughout the county saying, "How can we help?" And I think that needs to come from the county and from the city. So it's not only up to the individuals to step forward; it's up to you as our leaders to say, "How can we help?" Thank you very much. COMMISSIONER MAC'KIE: I had one question more for our county manager about something -- if we're going to have an issue regarding racial profiling on our agenda July 31 st. How can this commission have any authority over that? I mean, that's the sheriff's business. Frankly, Laverne, my letter back to you that's already probably in the mail by now says, "Thank you very much. I'm so glad to know that you're meeting with the sheriff. I hope that you can work out something acceptable with the sheriff on racial profiling, but it isn't anything this county commission can have influence over that I can see." COMMISSIONER COLETTA: I think what we're saying here is we have to be aware of it rather than we can do anything. Sure, we can have influence over racial profiling or prejudice that's still out there within the community just by the actions of how we live our daily lives and what we do here. COMMISSIONER MAC'KIE: Of course. But my question was, what would be the item to be considered by the County Commission on July 31 st, or did I -- MS. FRANKLIN: Also -- COMMISSIONER MAC'KIE: -- misunderstand you? MS. FRANKLIN: I'm sorry. COMMISSIONER MAC'KIE: No. MS. FRANKLIN: Also in the letter on Item 10 it says "establish a Collier County sheriff's citizen complaint review board." I don't know how-- Page 73 June 26, 2001 COMMISSIONER MAC'KIE: I think that's his department too. MS. FRANKLIN: That's the sheriff in a sense. Okay. And also to form a human relations commission with partnership with the city or independently as a county. COMMISSIONER MAC'KIE: So that part would be what we would discuss at our next meeting. MR. OLLIFF: I haven't seen the letter as of yet, so I'll look at the letter, and I'll provide you and Miss Franklin a response. COMMISSIONER MAC'KIE: I just want to make sure it's something we can do something about. MR. OLLIFF: Right. MS. FRANKLIN: That's why I came today. COMMISSIONER MAC'KIE: I appreciate it. I wish you would be here often. I really, really appreciate you being here today because, frankly, Laverne, we do forget to call and say, "It would be good if we can have some minority representation here." And, you know, it would be great if we could have somebody from the NAACP at every Board of County Commission meeting with a big NAACP sticker on or something just to keep our awareness up. MS. FRANKLIN: I'm working on it. I have been president since January. COMMISSIONER MAC'KIE: You're doing a great job. MS. FRANKLIN: It's an awesome task, and we're working on it. COMMISSIONER MAC'KIE: We appreciate it. MS. FRANKLIN: Okay. Thank you very much. MR. OLLIFF: The next speaker is Alex Brown followed by the last speaker under general topics comments, Robert Pina. MR. BROWN: Good morning. The last time I was here, Mr. Carter, you said that Collier County could not possibly accept the free bus stop shelters to protect the CAT users from the elements, to Page 74 June 26, 2001 shelter the elderly, the disabled, and the small children from the summer storms. CHAIRMAN CARTER: I don't believe I said that, sir. I deferred that question to Barbara -- MR. BROWN: Because you said -- yeah. You referred me to County Ordinance 2.5.7 which, when I was looking it up in the Collier County law library, states that it's not included in the ordinance reference book, nor is it included in the ordinance book down in the Collier County library. It does have to do with off-premises advertising. Also, I seen on June 21 st, Mr. Carter, that you said that you like the diversity of Collier County and that's why the MTB units -- you had 23 different neighborhoods that allow each one to keep their individuality, but on the flip side you insist that the neighborhoods must have one style of bus stop shelters. CHAIRMAN CARTER: Sir, those are MSTBUs or MSTUs. Those are local taxing authorities, sir. It has nothing to do with bus shelters. MR. BROWN: Uh-huh. But on the buses again, the buses -- you've spent $72,000 to make them vaguely look -- for a paint job to vaguely make them look like a trolley, but nothing was spent to shelter anybody from this weather. Last week I talked to two women that were trying to get to work at Carlysle Nursing Home that services North Naples -- which I was trying to catch a bus right now to myself-- but they can't work out there because the buses only run from 9 a.m. To 3 p.m., and they could not get any employment out there. One only needs to see the scheduling to see how the people of Immokalee are restricted to their -- on their scheduling. And I'd like to get a petition up and possibly a referendum for relief of Ordinance 2.5.3 for the health and safety of the people of Page 75 June 26, 2001 Collier County and so there can be a waiver on 2.5.7 so Lamar can come back and install it as soon as possible and so the neighborhoods may have their own say on whether there can be advertising on these shelters in their own neighborhoods. And as for the nonsense about the graffiti, that these pristine shelters are going to be installed by the county, and it will not be a target for graffiti and just that the Lamar shelters would be, I don't know about that one. Let's see. What else? I was hoping, also, that it would be possible that it would be allowed that the riders themselves would have a chance to sign a petition and if we would have permission to put the petitions on the CAT buses themselves so that the actual riders, the people who use these buses, would have a chance to sign these petitions so when we come back on July 21 st I will be able to have petitions to present to this committee. The last point I would like to say is that I also ran across a subdivision of Windstar, Harrington Sound, that has a lot of property lots valued at $120,000 and up, and they only pay a yearly tax of $355. I have to run to catch a bus to North Naples, so thank you very much. CHAIRMAN CARTER: Thank you, sir. want to address some of those or -- Miss Wolfe, you may COMMISSIONER HENNING: I can address one. This commissioner is not ready to and probably never will while he's sitting here to have advertising not only on the buses but at the bus stops. CHAIRMAN CARTER: You can't violate the sign code. COMMISSIONER HENNING: One other thing, it was last week in Golden Gate one of our buses was two-thirds full when it passed me, and I was very pleased to see that amount of participation on our transit system. Page 76 June 26, 2001 CHAIRMAN CARTER: All right. MR. OLLIFF: Mr. Chairman, your last registered speaker on this item is Robert Pina. MR. PINA: Good morning. My name is Robert Pina, 5501 Rattlesnake Hammock Road. I'm in here in reference to Ordinance No. 97-9. I believe I hand delivered to your mailbox this particular ordinance and also a copy of an article in the Tallahassee Democrat. My interest is in getting to have these addresses done more vigorously in the area. If you go up and down Davis Street (sic) and you go to these different communities, they have these walls with Foxfire across it, but no what hundred it is. What is it? 2800? 28,000? We don't know. My chief concern is condos, the numbering of condos. I've gone into King's Lake, and there's one condo there with buildings with no numbers on the doors of the building at all or the individual condos, but there are numbers on the covered parking. So I'm thinking of the response time of the fire department, the police, paramedics. Just last week the paramedics came to my condo unit there, and there was an 80-year-old woman laying there for three hours in her bathroom. Well, of course, she has a service that checks on her twice a day. But, anyway, I seen the paramedics walking up and down in the courtyard there looking for that particular number. I went out and I asked them, and I pointed out where this particular woman lived. So that's what I'm more or less interested in. I've gone to the code enforcement department, and I dropped off a copy of this Tallahassee Democrat to Michelle Arnold, and I had no response. That was a week ago. So I talked to a gentleman there in that department, and I stated what I was interested in, and he said, "Well, we can't do anything. We have ten inspectors, and we're undermanned. And besides that we only deal in complaints." I said, Page 77 June 26, 2001 "What? You only deal in complaints?" He said, "Yeah, that's all." So, anyway, my chief concern is to get this out to the public and to get the proper numbers on these condo units. It's not the houses. The houses are pretty well taken care of as far as numbers. But these -- out on Davis, Pine Ridge, these new strip malls that are being put up, they put up these big signs, and they're supposed to, according to the ordinance, put an address number on that sign. And these signs have been put up in the last year. There isn't any numbers. You go along 41 North and they put up new signs there, and there are no numbers on the signs. So that's my chief concern, to notify the public of what they should do, like these condo associations and condo managers. They should upgrade their buildings and get the proper numbers on them because it's a matter of life or death that the fire department and these emergency vehicles find them as early as they can. So that's my chief concern, to see if you can't spearhead this and then at least -- I can't tell you how to manage your Code Enforcement Board, but I was a plumbing inspector in the State of Illinois, so I know a little bit about inspections but, anyway, I would say designate one employee to handle this type of situation. That's all I can say. Thank you. CHAIRMAN CARTER: Thank you, sir. I think, Mr. Weigel, you may comment on what's public responsibility and private, and that may clarify some of it. Anything we can do on our side; it's always been an issue. Mr. Dunnuck. MR. DUNNUCK: I made a note, and I'll get with this gentleman and have this conversation. We'll sit down and talk about the current ordinance and see where we can do a little bit better on the enforcement side and work with the gentleman. CHAIRMAN CARTER: But I think internally within Page 78 June 26, 2001 condominiums, that's private property. That's the private sector. The condo association has to have that responsibility in marking their buildings or their units. I think that's outside of our jurisdiction, if I'm correct, Mr. Weigel. COMMISSIONER MAC'KIE: You could have laws that required them to mark them. COMMISSIONER COLETTA: I thought we did. MR. WEIGEL: Yeah. I think everyone is correct in what they're saying. The law is as it is right now. Could it be expanded? Yes, to some degree I think it can in the interest of the police regulatory power that you have and health, safety, welfare. So I know that John in our office will look at this very comprehensively and keep you advised. CHAIRMAN CARTER: I think both of you should work together and bring something back to us that shows us how we can strengthen that under public health, safety, and welfare. MR. WEIGEL: Okay. Great. Item #7A PETITION RZ-2001-AR-451, WALTER H. RASCHER, JR. AND LISA J. RASCHER REPRESENTING ESTER AND FRANCIS RASCHER, REQUESTING A REZONE FROM ITS CURRENT ZONING CLASSIFICATION OF "A" RURAL AGRICULTURAL TO "RSF-3", RESIDENTIAL SINGLE FAMILY DISTRICT, FOR PROPERTY LOCATED ON THE NORTH SIDE OF POLLY AVENUE APPROXIMATELY ONE HALF MILE NORTH OF RATTLESNAKE HAMMOCK ROAD, CONSISTING OF 4.55 ACRES - CONTINUED INDEFINITELY CHAIRMAN CARTER: All right. That takes us to No. 7, Board of Zoning Appeals. I have five minutes to the hour. Let's see Page 79 June 26, 2001 if we can't deal with some of these prior to lunch. Maybe we can do 7-A and B before we see how -- let's see how long it might take some of these others. I really would like to get down to the Board of County Commissioners if we can. MR. OLLIFF: Chahram. CHAIRMAN CARTER: MR. BADAMTCHIAN: Chahram. Good morning, Commissioners. Before we start -- this is -- for what I have to say, there's no need for it. This request was to rezone 4.5 acres from agricultural to RSF-3 with a cap of 1 unit per 2 1/4 acres. However, the neighbors in talking with the applicant decided that they will work out something, and they want to continue this petition and maybe come back with a different type of zoning that the neighbors would agree to. COMMISSIONER MAC'KIE: I make a motion to continue this petition indefinitely. CHAIRMAN CARTER: Second. All in favor signify by saying aye. (Unanimous response.) CHAIRMAN CARTER: (No response.) Opposed by the same sign. Item #7B RESOLUTION 2001-263, RE PETITION VA-2001-AR-584, RUTH B. WILLIAMS, ARCHITECT, REPRESENTING CAROLE L. MENDELSOHN, REQUESTING A 2 FOOT VARIANCE FROM THE REQUIRED 20 FOOT SIDE YARD SETBACK ON THE EAST SIDE TO 18 FEET FOR PROPERTY LOCATED AT 4388 BUTTERFLY ORCHID LANE, IN QUAIL CREEK UNIT ONE - ADOPTED Page 80 June 26, 2001 CHAIRMAN CARTER: Thank you, sir. It's continued indefinitely. We go to Item 7-B. COMMISSIONER MAC'KIE: Do we have to be sworn on this because I'd like to make a motion to approve? CHAIRMAN CARTER: Okay. Everybody needs to be sworn. (The oath was administered.) COMMISSIONER MAC'KIE: Are there public speakers on this item? MR. OLLIFF: No, ma'am. CHAIRMAN CARTER: Okay. COMMISSIONER MAC'KIE: Unless the board has questions on it, this is really straightforward. CHAIRMAN CARTER: Any declarations on the part of board members, please? COMMISSIONER MAC'KIE: None. COMMISSIONER HENNING: None. CHAIRMAN CARTER: None. COMMISSIONER COLETTA: I do. I did go out to the petitioner's house and visit the location. I have no problems with what they're looking for. CHAIRMAN CARTER: Okay. I've had a motion by -- COMMISSIONER MAC'KIE: If you close the public hearing, I'll make it. CHAIRMAN CARTER: I'll close the public hearing. COMMISSIONER MAC'KIE: I move for approval. COMMISSIONER HENNING: Second. CHAIRMAN CARTER: Second by Commissioner Henning. All in favor signify by saying aye. (Unanimous response.) CHAIRMAN CARTER: Opposed by the same sign? (No response.) Page 81 June 26, 2001 CHAIRMAN CARTER: Motion carries 4-0. Thank you. COMMISSIONER MAC'KIE: You bet. Item #8A ORDINANCE 2001-38, AMENDING ORDINANCE 99-67 WHICH ESTABLISHED THE MEDITERRA SOUTH COMMUNITY DEVELOPMENT DISTRICT (CDD), ADDING APPROXIMATELY 210 - ADOPTED CHAIRMAN CARTER: public hearings. Item 8-A. COMMISSIONER MAC'KIE: their That moves us to Item 8, advertised COMMISSIONER HENNING: COMMISSIONER MAC'KIE: community. I move for approval. I'll second that motion. I'm just adding some land to CHAIRMAN CARTER: Any discussion? COMMISSIONER COLETTA: Slow down. Slow down. COMMISSIONER MAC'KIE: Oh, sorry. COMMISSIONER COLETTA: That's okay. CHAIRMAN CARTER: We're on 8-A. MR. OLLIFF: For the record -- COMMISSIONER COLETTA: CHAIRMAN CARTER: Yeah. COMMISSIONER MAC'KIE: This is 8-A. Mediterra CDD. CHAIRMAN CARTER: MR. OLLIFF: No, sir. CHAIRMAN CARTER: This is 8-A, Mediterra; right? This is the Do we have any speakers? Okay. COMMISSIONER MAC'KIE: Motion to approve. CHAIRMAN CARTER: I have a motion to approve by Page 82 June 26, 2001 Commissioner Mac'Kie, a second by Commissioner Henning. favor signify by saying aye. (Unanimous response.) CHAIRMAN CARTER: Opposed by the same sign. (No response.) CHAIRMAN CARTER: Motion carries 4-0. Item #8B All in ORDINANCE 2001-39, AMEND1NG THE COLLIER COUNTY ANIMAL CONTROL ORDINANCE - ADOPTED Item 8-B. MS. WALTERS: Good morning. CHAIRMAN CARTER: Good morning. MS. WALTERS: Jodi Walters, animal services director, and I'm presenting the amendment to the Collier County Animal Control Ordinance. COMMISSIONER HENNING: COMMISSIONER MAC'KIE: CHAIRMAN CARTER: speakers? MR. OLLIFF: MR. WEIGEL: Motion to approve. Second. All in favor signify -- any public No, sir. Close the public -- CHAIRMAN CARTER: All in favor-- Commissioner-- hello - - Counsel. MR. WEIGEL: I couldn't take the pay cut. You need to close the public hearing, and then you can go ahead forward with what you said. CHAIRMAN CARTER: Okay. Move to close the public hearing. On both-- Page 83 June 26, 2001 COMMISSIONER HENNING: Motion to approve. COMMISSIONER MAC'KIE: Second. CHAIRMAN CARTER: I have a motion to approve. second. All in favor signify by saying aye. (Unanimous response.) CHAIRMAN CARTER: Motion carries 4-0. MS. WALTERS: Thank you. Item #8C I have a ORDINANCE 2001-40, 2001-41, AND 2001-42, CREATING THE NEW HORIZON COMMITTEES FOR HEALTH AND HUMAN SERVICES, COMMUNITY CHARACTER/SMART GROWTH AND WORKFORCE HOUSING (RESPECTIVELY) - ADOPTED CHAIRMAN CARTER: COMMISSIONER MAC'KIE: COMMISSIONER HENNING: COMMISSIONER MAC'KIE: COMMISSIONER HENNING: Item C. Motion to approve. Let me look at it. It's the Horizon Committee. Oh, I will second that. CHAIRMAN CARTER: Okay. A motion by Commissioner Mac'Kie and a second by Commissioner Henning. All in favor signify by saying aye. (Unanimous response.) CHAIRMAN CARTER: Motion carries 4-0. Item #9A RESOLUTION 2001-264, APPOINTING DON PETERSON, RUSSELL TUFF, KAREN ACQUARD, JOHN BOUTWELL, LINDA HARTMAN, DOUGLAS RANKIN, MICHAEL SIMONIK, Page 84 June 26, 2001 MARK STRAIN, KRIS THOEMKE AND GLENN WILT TO THE GOLDEN GATE ESTATES MASTER PLAN AD HOC COMMITTEE - ADOPTED That takes us down to 9, Board of County Commissioners appointment of members to the Golden Gate master plan ad hoc committee. COMMISSIONER HENNING: Mr. Chairman, I'd like to tell you that Mike Davis is moving out of the Golden Gate area, still in District 3, and what I would like about Mike Davis being on there is that he's a business person involved in the community, and I think a good recommendation of replacement is the productivity committee's recommendation of Russell Tuff. COMMISSIONER MAC'KIE: COMMISSIONER HENNING: COMMISSIONER MAC'KIE: master plan. CHAIRMAN CARTER: a term of one year on the -- Are we on 9-A? Yeah, 9-A. I've got Golden Gate Estates Yeah, to appoint ten members to serve COMMISSIONER COLETTA: Gate City, too, so Mr. Henning is correct. COMMISSIONER MAC'KIE: Okay. members you're proposing? COMMISSIONER HENNING: COMMISSIONER MAC'KIE: COMMISSIONER HENNING: CHAIRMAN CARTER: Okay. COMMISSIONER HENNING: "Mark P. Strain, developer/planner." Well, it does include Golden So this is one of the ten Strain for a number of years he is an environmentalist personally. just so happens to work for a development. Yes. I'm so sorry, Commissioner. That's all right. Go ahead. One clarification: It says, I can attest that knowing Mr. He Page 85 June 26, 2001 COMMISSIONER MAC'KIE: Well, I would certainly defer to the two commissioners in the area on who the ten members should be. COMMISSIONER COLETTA: Well, the only thing I was going to make a suggestion on was I think Mr. Tuff has a lot to offer as well as some of the other people on here. I was hoping we might also consider Chief-- the fire chief there, Don Peterson. He had a lot to do with the original master plan and was very informed about it when it comes to safe -- I'm sorry. You've got a note to make, Susan? I see you raising your hand. MS. FILSON: Yes, I do. Sue Filson for the board's office, for the record. Miss Cheryle Newman was one of the ones who was recommended for appointment, however, Ordinance 86-41 states that you can only serve on two boards simultaneously. She currently serves on the Golden Gate Community Center Advisory Board and the Golden Gate Beautification Advisory Committee. COMMISSIONER HENNING: And this is an ad hoc committee. Does that make a difference? MS. FILSON: I'll defer that question. COMMISSIONER MAC'KIE: No. COMMISSIONER COLETTA: Did we ever give her the choice to drop off one of the other committees, Sue? MS. FILSON: You can give her-- is she here now? COMMISSIONER COLETTA: COMMISSIONER HENNING: COMMISSIONER COLETTA: might be able to reach her by phone? COMMISSIONER HENNING: COMMISSIONER COLETTA: She was here. She is. Is there a possibility that you She's here. Oh, I'm sorry, Cheryle. CHAIRMAN CARTER: Miss Newman, would you like to stand up at the podium and respond to that, please? Page 86 June 26, 2001 COMMISSIONER COLETTA: We're hoping it's the right answer. You've got to choose between your children now. MS. NEWMAN: I would rather not drop from any of my other committees because I feel that I'm committed to those. I would just ask that if I'm replaced that whoever replaces me be also in the city. It seems to be heavily staffed with recommendations from the estates, which is a great thing to do, but because I was one of the city representatives, I would request that maybe you consider someone from the city. COMMISSIONER COLETTA: Well, Chief Peterson, if I remember correctly, is in the city. MS. NEWMAN: Correct. COMMISSIONER COLETTA: I would recommend him for your replacement. I would have no problem with Mr. Tuff as the other one. COMMISSIONER HENNING: I will make a motion, if Commissioner Coletta would second it to concur with his feelings on it, to approve the productivity committee's report with the exceptions of replacing Mike Davis with Russ Tuff and Cheryle Newman with Chief Don Peterson. COMMISSIONER COLETTA: Second. CHAIRMAN CARTER: All in favor signify by saying aye. (Unanimous response.) CHAIRMAN CARTER: Opposed by the same sign. (No response.) CHAIRMAN CARTER: Motion carries 4-0. COMMISSIONER COLETTA: One comment, if I may, before we leave this. I personally want to thank the productivity committee for stepping in and going through these numerous applications to find the best people that are to be considered for this position. It's going to be a very important committee, and I want to take as much politics Page 87 June 26,2001 out of it as possible. Thank you. Item #9B RESOLUTION 2001-265, APPOINTING EUGENE GREENER, JR., TO THE HISPANIC AFFAIRS ADVISORY BOARD - ADOPTED CHAIRMAN CARTER: COMMISSIONER MAC'KIE: Move for approval. COMMISSIONER HENNING: All right. Moving to Item 9-B. One applicant for one position. Second. CHAIRMAN CARTER: I have a motion by Commissioner Mac'Kie, a second by Commissioner Henning. All in favor signify by saying aye. (Unanimous response.) CHAIRMAN CARTER: Motion approved 4-0. Item #9C RESOLUTION 2001-266, RE-APPOINTING RUFUS H. WATSON AND MARIAN THOMPSON TO THE BLACK AFFAIRS ADVISORY BOARD - ADOPTED Item 9-C, appointment of members to the Black Affairs Advisory Board. COMMISSIONER MAC'KIE: Two applicants for two positions. Move for approval. COMMISSIONER COLETTA: Second. CHAIRMAN CARTER: Motion by Commissioner Mac'Kie, second by Commissioner Coletta. All in favor signify by saying aye. (Unanimous response.) Page 88 CHAIRMAN CARTER: (No response.) CHAIRMAN CARTER: Item #9D June 26, 2001 Opposed by the same sign. Motion carries 4-0. RESOLUTION 2001-267, APPOINTING RONALD FOWLE AND MARK BENFIELD TO THE BAYSHORE/GATEWAY TRIANGLE LOCAL REDEVELOPMENT ADVISORY BOARD- ADOPTED Moving to Item D, appointment of members to the Bayshore/Gateway Triangle local redevelopment advisory board. COMMISSIONER MAC'KIE: If I could make a motion to approve Ronald Fowle and Mark Benfield. COMMISSIONER HENNING: I will second that. CHAIRMAN CARTER: We have a motion by Commissioner Mac'Kie and a second by Commissioner Henning for the mentioned names for approval. All in favor signify by saying aye. (Unanimous response.) CHAIRMAN CARTER: (No response.) CHAIRMAN CARTER: Opposed by the same sign. Motion carries 4-0. Item #1 OB POLICY DIRECTION REGARDING THE USE OF STATE HOUSING INITIATIVE PARTNERSHIP (SHIP) FUNDS - STAFF RECOMMENDATION APPROVED That takes us to Item 10-B, B as in boy. MR. OLLIFF: You're moving so fast you caught Mr. Mihalic Page 89 June 26, 2001 unaware. MR. MIHALIC: Good afternoon, Commissioners. I'm Greg Mihalic from the housing and urban improvement department. We're before you this morning to talk about some policy direction. This is really out of the workshop -- the housing workshop on May 15th where there was some discussion about increasing subsidies to very-low-income home buyers to allow them to have more money for down payment and closing-cost assistance. We've come back to you for your opinions on this. We proposed that we would double the amount of money available for very-low-income first-time home buyers from $2,500 to $5,000 of assistance, and then there's additional up to $2,500 for fix- it money for those people. Of course, these funds are loaned at zero interest and deferred payment until they sell the house. The positive side is that we would be able to help some of those very-low-income home buyers who just can't make it on the $5,000 of assistance we give now, and we have some new state building codes coming that are going to raise the prices of new housing, so I think this would expand the opportunities for very-low-income participants. And as we mentioned in our executive summary, we expect our distribution of monies to go from about 60 percent for very-low- income families to about 77 percent by this proposal. However, we would be helping fewer families, and we estimate that we would only be helping 500 families instead of 700. COMMISSIONER MAC'KIE: Could you tell us the incomes of very low for, I assume, a family of four? MR. MIHALIC: Sure. A family of four would make $32,500 a year. COMMISSIONER MAC'KIE: That's very low? MR. MIHALIC: Very low. COMMISSIONER MAC'KIE: And low is how much? Page 90 June 26, 2001 MR. MIHALIC: $52,000. COMMISSIONER MAC'KIE: helping more very lows. COMMISSIONER COLETTA: COMMISSIONER HENNING: Low at 80 percent of the median would be That's why I'm supportive of I am too. What would be the adverse implications if we supported the very lows? Would that kick out some of the medium incomes? MR. MIHALIC: Yes, it would. It would kick out some of the people that have higher incomes. We only have so much money, Commissioners. We use all of our money. We would anticipate about 200 families fewer would be helped overall a year. COMMISSIONER MAC'KIE: But your proposal that you've given us is to change the percentage to 70/30 or something like that? MR. MIHALIC: Well, we're estimating that about 77 percent of our money would then be used for very-low-income assistance -- COMMISSIONER MAC'KIE: I'm going to move for approval. MR. MIHALIC: -- and we think that's positive. COMMISSIONER MAC'KIE: recommendation. COMMISSIONER COLETTA: Move for approval of staff's I'll second it. MR. OLLIFF: Mr. Chairman, you have one registered speaker, Barbara Cacchione. MS. CACCHIONE: Good morning, Commissioners. For the record, my name is Barbara Cacchione, and I represent the Empowerment Alliance of Southwest Florida, which includes the Immokalee community. I applaud the efforts of Mr. Mihalic in looking at the SHIP fund and trying to increase the money that will be utilized for low-income families, but what I'm here to tell you is you still can't build a house in that price range for that low-income family. That degree of subsidy of 7,500 in down payment and Page 91 June 26, 2001 closing costs is not enough to get you that affordable unit for the very low. We're working on a project in Immokalee, and it's still, with the cost of land in Immokalee, relatively high. We have to pay between fifteen and twenty thousand dollars for a lot that's fifty foot wide by a hundred foot deep. This is a severe problem. In looking at other SHIP plans in nearby areas, for instance the Lee County SHIP plan, what they do is offer deeper subsidies for the very low, and by deeper, up to $30,000 for a low-income family per unit. They also do rental income and rental rehabilitation as well. If you're looking at building a house on a lot in Collier County where the land is so expensive, you have to provide a deeper subsidy in terms of being able to get that affordable unit, particularly in areas that are heavily renter occupied. When you want to change the whole make-up of a community moving from rental occupied to home ownership, this is the kind of effort that's really needed and perhaps maybe even a pilot project or some way to kind of start that or some focus of a portion of the SHIP funds. Because we get a certain amount in SHIP, we get a certain amount in CDBG, and what I've been told is that CDBG is not the best source of funds to use to buy land because of strings attached with that in terms of what you do afterwards. So unless we solve that issue of what we do with the land, which is probably 35 percent of the cost of building a house in Immokalee and probably 45 percent of the cost here in the coastal area, we're never going to help very low because you can't build it without a deeper subsidy. CHAIRMAN CARTER: Question, Commissioner Mac'Kie. COMMISSIONER MAC'KIE: So what would happen, then, Barb, if we change to this recommendation? Are you saying, then, that we would not be able to use any of the money, or that, in fact, it wouldn't -- I mean, what would happen then? If you can't -- if it's not Page 92 June 26, 2001 enough money to get you in a house, then the money would be wasted? We would never be able to spend it, or we'd spend it on moderate after all? MS. CACCHIONE: My guess is that's what could happen. When you look at the mortgage money, it is pretty available at a pretty low rate. Down payment and closing cost isn't quite the issues that they were at one point in time because you can get up to 95 percent financing. There are programs that are being done through the Housing Finance Corporation. There are other opportunities for that. But what there isn't is when you build a home on a lot for $100,000, and you try to get to a mortgage of $65,000 to assist a family that earns $32,000, it can't be done with those numbers. You need a deeper subsidy, and SHIP funds is the most flexible source of funds that can be used. Yes, you'll help fewer people, but will you get low-income units on the ground, yeah. COMMISSIONER MAC'KIE: Your prediction, if we were to go with the staff recommendation, is that we would not -- we would find that at the end of the year we had SHIP money left over that we couldn't spend because we couldn't find anybody they could help? MS. CACCHIONE: I would defer that to Greg. MR. MIHALIC: No, Commissioners. COMMISSIONER MAC'KIE: Okay. MR. MIHALIC: Well, we're using all of our money now. Obviously, we have more applicants than we have money. While it's true that it's becoming more difficult for very-low-income families to afford to buy in Collier County, that's certainly true, but you can see by the charts that we gave you here that 60 percent of our money last year went to very-low-income families, and it's the highest of any other counties around here. Yes, we can give $50,000 a family but, of course, we would only Page 93 June 26, 2001 help one-tenth of the families. That's a policy issue that we have to decide. Immokalee is difficult because of the highest and best use of the land sometimes is for rental housing and putting a trailer on there. That is a difficult situation. But families make the choice of where they want to live, and families are choosing to live in Immokalee. If the housing product is there, they'll live there. COMMISSIONER MAC'KIE: If your goal is to increase opportunities for very-low-income home ownership in Immokalee, would you change your recommendation or -- MR. MIHALIC: No. The recommendation we make moves towards assisting that. I think what Barbara's suggesting is we should be giving $35,000 a unit in Immokalee but, of course, that cuts our program with the numbers that we help. COMMISSIONER HENNING: And the action that we're taking today by the recommendation or policy change is, in my opinion, moving less affordable housing around in the urban area, therefore, more of in Immokalee, and our jobs are here in the urban area. MR. MIHALIC: Well, people buy where housing is available. They will always do that. If there are more housing opportunities in Immokalee, people will take advantage of that, and that's what Mrs. Cacchione is trying to do. COMMISSIONER MAC'KIE: I'm going to leave my motion because I think it's a step in the right direction. It might be that we find, Barb, that we should do more next year. And is this a policy that we can review next year? I'd like to make that a condition of my motion. MR. OLLIFF: Absolutely. MR. MIHALIC: Well, Commissioners, this is really the first step. We have to bring back to you the housing assistance plan of the Florida Housing Finance Corporation. We have to change that to Page 94 June 26, 2001 reflect these changes and also our down payment and closing costs ordinance that has limits in it. So we have to bring both of those items back to you to implement this. COMMISSIONER MAC'KIE: Can we see them at the same time? MR. MIHALIC: Sure. COMMISSIONER MAC'KIE: Good. MR. OLLIFF: And I think the question for the board is whether to spread your money deeper or wider. Right now the recommendation of your staff is wider, and Barbara is saying to make it a little deeper. I think what we'll do is we'll bring back the numbers at the end of the year and be able to show you what happened with your money, and then you can probably make a better decision about it. COMMISSIONER MAC'KIE: I'm sorry that I don't know this since I've already made a motion to approve, but the recommendation of staff today is to be a little deeper than last year? MR. MIHALIC: Yes. MR. OLLIFF: Yes. COMMISSIONER MAC'KIE: Okay. That's where I want to go. CHAIRMAN CARTER: A little deeper. COMMISSIONER MAC'KIE: Not quite as wide. MR. MIHALIC: Not quite as wide. That's right. COMMISSIONER MAC'KIE: Okay. MS. CACCHIONE: Thank you. CHAIRMAN CARTER: Okay. Thank you, Ms. Cacchione. The motion has been made. It's been seconded. in favor signify by saying aye. COMMISSIONER MAC'KIE: Aye. CHAIRMAN CARTER: Aye. All Page 95 June 26, 2001 no. COMMISSIONER COLETTA: Aye. CHAIRMAN CARTER: Motion approved 4-0. COMMISSIONER HENNING: I did not vote on that -- COMMISSIONER MAC'KIE: Well, what is your vote? COMMISSIONER HENNING: -- approval of the motion. CHAIRMAN CARTER: Okay. Motion carries 3-1. Item # 1 OD It's AGREEMENT FOR SALE AND PURCHASE OF 229+/- ACRES OF LAND IN COLLIER COUNTY IN CONJUNCTION WITH THE DISTRICT SCHOOL BOARD OF COLLIER COUNTY FOR CONSTRUCTION OF A COUNTY PARK - APPROVED, SUBJECT TO THE SCHOOL BOARD'S FINAL ACTION OF 7/26/01 C has been deleted. That takes us to Item 10-D as in David. COMMISSIONER MAC'KIE: Has the school board already committed to buying their parcel of this property? MS. RAMSEY: Michael Kirk from the school district is here. He can answer that for you. THE COURT REPORTER: Your name. MS. RAMSEY: I'm sorry. Marla Ramsey. COMMISSIONER MAC'KIE: That's the only question I have. MR. KIRK: For the record, my name is Michael Kirk. I'm representing Collier County Public Schools. We have forwarded a letter from our director of facilities, planning, and construction stating that we have committed to purchasing this property. It's scheduled on the July 26th board agenda for the board to take action. We have an executed contract and are awaiting the county's decision. COMMISSIONER MAC'KIE: I'll make a recommendation or motion for approval subject to the school board's final action on July Page 96 June 26, 2001 26th. CHAIRMAN CARTER: I'll second that. COMMISSIONER MAC'KIE: How is that, Marla? MS. RAMSEY: That's fine. CHAIRMAN CARTER: Discussion. COMMISSIONER COLETTA: Do we have speakers? MR. OLLIFF: You have two registered speakers. The first is Nancy Payton, and the second is Bruce Anderson, if you have questions. COMMISSIONER MAC'KIE: I think I saw Nancy leaving. CHAIRMAN CARTER: Mr. Anderson -- COMMISSIONER MAC'KIE: He waives. CHAIRMAN CARTER: -- waives. Yes. COMMISSIONER HENNING: The concerns that I have is some of the language of the potential lawsuit by a third party that made an offer on this property stating that the county interfered in the process. CHAIRMAN CARTER: on that or-- MR. WEIGEL: I do or Miss Chadwell. comment on that. Go ahead, Ellen. MS. CHADWELL: assistant county attorney. Commissioner Henning? Mr. Weigel, do you want to comment We're prepared to For the record, I'm Ellen Chadwell, Could you state your question, COMMISSIONER HENNING: Well, in the backup it was stated that there's a potential lawsuit on this from the county interfering with an offer that he had, and I don't want to purchase a piece of property if we're going to go into litigation. MS. CHADWELL: Well, we're in litigation. A complaint was filed and served on the county on Friday, I believe, the 22nd. It's been filed by -- the original -- by a contract purchaser. At the time Page 97 June 26, 2001 we negotiated a contract, it was negotiated as a backup contingency contract in the event that the pending contract between One Hundred Horsemen, Inc., and Kaufmann Holdings, who is the owner of the property -- in the event that that contract had been closed, then we were to go forward with the contract that's before you today. My understanding is a demand was made by the seller on One Hundred Horsemen to close. They failed to close. We received a written notice of termination, so we went forward and have presented this item to the board for its approval. COMMISSIONER HENNING: That's the only question I have. I think you satisfied it. CHAIRMAN CARTER: All right. Any other questions? (No response.) CHAIRMAN CARTER: Hearing none, all in favor signify by saying aye. (Unanimous response.) CHAIRMAN CARTER: Opposed by the same sign. (No response.) CHAIRMAN CARTER: Motion carries 4-0. Thank you. We now move to -- COMMISSIONER MAC'KIE: Mr. Chairman, are we taking a lunch break today? CHAIRMAN CARTER: Well, I'm just taking a look at what we have in front of us. If it's going to be long, then I think we'll need to do that. Are there any other shorter items in here that we can take care of prior to going to the one -- Item #1 OH MODIFIED GUIDELINES FOR SITE IMPROVEMENT PLANS REVIEWED UNDER THE IMMOKALEE HOUSING INITIATIVE Page 98 June 26, 2001 - APPROVED COMMISSIONER COLETTA: MR. OLLIFF: 10 -- COMMISSIONER COLETTA: CHAIRMAN CARTER: 10-H. COMMISSIONER COLETTA: COMMISSIONER MAC'KIE: COMMISSIONER COLETTA: COMMISSIONER MAC'KIE: hear, Mr. Chairman? Sorry, Jim. 10-H. IO-H. The add on. The Immokalee SIP. Yes. Is that the item we're going to CHAIRMAN CARTER: That sounds good to me. MR. MIHALIC: Good afternoon, Commissioners. For the record, I'm Greg Mihalic, housing and urban improvement. Thank you very much. We're before you this morning to sort of bring back to you an issue that was raised during the budget hearings of what types of restrictions do we have for our Immokalee housing initiatives project and how is it moving. Basically, we're talking about a life safety program here. Yes, we have modified some of the regulations. They are not as comprehensive as they might be for new development, but the idea here is to approve substandard housing. COMMISSIONER MAC'KIE: I make a motion to approve with a great amount of gratitude for your prompt action. COMMISSIONER COLETTA: hear a little bit more. COMMISSIONER MAC'KIE: COMMISSIONER COLETTA: hour. COMMISSIONER MAC'KIE: Forgive me, but I do want to Oh. This came to us just in the last And, you know, it's something that I heard before you were on the board, so I understand. MR. MIHALIC: Yes, Commissioner. Basically when analysis Page 99 June 26, 2001 was done in the Immokalee housing situation, you'll find a substantial number of substandard trailers in that area. We also found that approximately 80 percent of the trailer parks were unpermitted or never permitted at all. Many were placed without the required density and other life, health, and safety considerations in place. A little over a year ago the board really prompted the staff to come forward with a program. We brought forward a program and a way to clean it up, to clean it up over time, and to also legitimize what was there. So we asked for the cooperation of the landowners to help us provide better spacing, better life and health and safety and upgrade the mobile home parks that are there. COMMISSIONER MAC'KIE: May I interrupt just for one comment, because I think it's going to be important to Commissioner Coletta based on things I've heard him say in the past. We wanted to legitimize what was there after insuring that health and safety concerns were addressed. In other words, you might be able to have more trailers on the site than we would currently allow under the code, but only if they're properly spaced, only if the electrical lines are appropriately done and the water and the fire and all of those health and safety issues -- COMMISSIONER COLETTA: And the bathroom has a floor in it and you don't have 24 people living in it. MR. MIHALIC: Absolutely. COMMISSIONER COLETTA: No, no. I'm in support of all of that. My problem was is the way it came before me at the eleventh hour, and I was trying to read it and prepare myself before I came here. I'm getting complaints from people that have trailer parks, and I sort of expected it because I knew about the initiative to remove the substandard units once the migrant laborers moved out for the season. I'm very supportive of it. But I'm just curious how this all works with the owners there of Page 100 June 26, 2001 the property and how we're doing -- some are coming back and saying, "We've already been approved. They can't find the permits." You have to go to FP&L to be able to prove the fact that they have been permitted, and there's been some stuff back and forth. I've been referring these back to Michelle Arnold for whatever she can do. MR. MIHALIC: Yes. COMMISSIONER COLETTA: I just want to make sure. I'm for the movement, but I want to make sure that we're treating the owners of these trailer parks fairly in the long run. MR. MIHALIC: Well, I think it's exactly what we're moving toward, but we need cooperation from the owners to upgrade the facilities they have and upgrade the units that are substandard, as you mentioned. So we want to facilitate it on both sides. We don't want only a code enforcement effort. We want a facilitated effort. But let them come in and have new site improvement plans and move through the county in an expeditious manner. This is just reinforcing those things that the board approved a year ago to be sure this is still the concept you want us to follow. We now have a full-time office open there, and they're working there every day to try to resolve the situation. Commissioner, people will say, "Oh, yes, I'm permitted, but I can't find the permits. They did it, but they never gave us anything." We'll have to work through those issues individually, but we'll do it on a sensitive basis. The bottom line is health and safe parks for people to live in. COMMISSIONER COLETTA: How long has this initiative been going on? MR. MIHALIC: Well, it really started about a year ago, but the office only opened May 1st. So we were just starting to go in the last two months to really move ahead with an on-site office. Before that we had done some studies. We knew how many units were unpermitted by our records, but now we have to move out into the Page 101 June 26, 2001 community and be sure those things start getting corrected. COMMISSIONER COLETTA: And how many substandard units have been actually removed from the properties? MR. MIHALIC: Well, Mr. Mudd and I were talking earlier today. Today there are eight units that are going to the dump with the cooperation of the owner in Immokalee. COMMISSIONER COLETTA: Wonderful. MR. MIHALIC: That's just today. COMMISSIONER MAC'KIE: That's a start. MR. OLLIFF: And just so you know, this is pretty much a quick staff response in response to the budget workshop where we actually talked about this Immokalee initiative and some of the issues that needed to be revised, and we didn't want to wait until the board came back at the end of the July in order to get the approval for this, and that's why this was an add-on item. We apologize for not getting it in as part of your package, but we actually got the staff directive to put together this backup for you between the budget workshop and today's meeting. COMMISSIONER COLETTA: For your information, too, I've been working with the Hispanic community in Immokalee, and for the most part they're very supportive of what's taking place. MR. MIHALIC: It will be a long-term effort, Commissioners. Nothing's going to happen overnight. CHAIRMAN CARTER: Okay. Commissioner Mac'Kie, you have made the motion. COMMISSIONER MAC'KIE: Yes. COMMISSIONER COLETTA: I'll second it. CHAIRMAN CARTER: It's seconded by Commissioner Coletta. All in favor signify by saying aye. (Unanimous response.) CHAIRMAN CARTER: Opposed by the same sign. Page 102 June 26, 2001 (No response.) CHAIRMAN CARTER: Mihalic. Motion carries 4-0. Thank you, Mr. Item # 10J AUTHORIZATION FOR STAFF TO EVALUATE THE OPPORTUNITY FOR AND IF FEASIBLE DEVELOP A PLAN FOR A MUNICIPAL SERVICES BENEFIT AND/OR TAXING UNIT FOR THE IMPROVEMENTS TO WHIPPOORWILL LANE INCLUDING THE EAST/WEST CONNECTION TO LIVINGSTON ROAD - APPROVED That takes us to 16-B(I). Wait, we have J and K too. Are these ones that may not require or need more points of information? 16-J - COMMISSIONER MAC'KIE: I don't know what J and K are. CHAIRMAN CARTER: Those are two pulled by Commissioner Coletta. COMMISSIONER COLETTA: 16 -- CHAIRMAN CARTER: J is 16(3)B as I understand it. COMMISSIONER COLETTA: I think there was one that was pulled by Michael Simonik out there that should be addressed first. CHAIRMAN CARTER: Well-- COMMISSIONER MAC'KIE: Big Cypress mitigation building. CHAIRMAN CARTER: Well, that's mitigation. But if your two are real short, then I'll go to the others. We're going to do all three before we break for lunch. COMMISSIONER COLETTA: Okay. Mine has to do with-- one of them has to do with mitigation. What was the first number there? 16-A -- Page 103 June 26, 2001 CHAIRMAN CARTER: Mr. Olliff? J was 16 -- MR. OLLIFF: (B)3. CHAIRMAN CARTER: 16(3)B. Am I right, -- (B)3. COMMISSIONER COLETTA: (B)3, okay. CHAIRMAN CARTER: Then I have K as 16 -- MR. OLLIFF: (B)6. COMMISSIONER COLETTA: That's the one there on the MSTU for Whippoorwill; is that correct? MR. WEIGEL: That's (B)3. COMMISSIONER COLETTA: 16(B)3. Well, why don't we take that one first. COMMISSIONER MAC'KIE: (B)3 is Whippoorwill. CHAIRMAN CARTER: Right. COMMISSIONER COLETTA: My concern is the residents -- the property owners that are already there such as the Hospice, the church, the convenience stores, all those operations that border on Whippoorwill and Pine Ridge, how they're going to be adversely affected by a road that will not benefit them but benefit the new landowners that are going to be in the back part of the property with the developments that they're going to do. I just want to know how we're going to break these costs down in such a way that it's going to be fair. COMMISSIONER HENNING: From my understanding this is a citizen or property owner initiative. COMMISSIONER COLETTA: But I don't believe it's a total property owner initiative. COMMISSIONER HENNING: It takes a majority just like it does in any democracy for it to move forward. CHAIRMAN CARTER: Fifty plus one. I mean -- COMMISSIONER MAC'KIE: Well, and if I could just say, it Page 104 June 26, 2001 does say in the executive summary that we're authorizing staff to evaluate the opportunity and, if feasible, develop a plan that I assume would incorporate those concerns, because we're not going to have established entities pay for a benefit to growth. Can you do that? I mean, that's what you're asking for permission to do. CHAIRMAN CARTER: Miss Wolfe. MS. WOLFE: For the record, Dawn Wolfe, transportation and planning director. We're asking you to authorize staff to take a look at this because we want to make sure we have answers for all the questions you're bringing up today. That's basically the bottom line. It takes nothing forward today, puts no financial burden specifically on any individual, but allows staff to move forward with the board's support that we look at the details of this and bring it back to you and get with the community as well before bringing it back. CHAIRMAN CARTER: I would move for approval. COMMISSIONER MAC'KIE: Second. CHAIRMAN CARTER: Any questions? COMMISSIONER MAC'KIE: questions, Commissioner Coletta? COMMISSIONER COLETTA: much. CHAIRMAN CARTER: aye. Does that answer your Yes, it does. Thank you very Okay. All in favor signify by saying MR. HENNING: Aye. CHAIRMAN CARTER: Opposed by the same sign. COMMISSIONER MAC'KIE: But you had some speakers, I think. MR. OLLIFF: You had one, Tony Pires. COMMISSIONER MAC'KIE: Who is not in the room. MR. OLLIFF: He's not in the room. CHAIRMAN CARTER: All in favor signify by saying aye. Page 105 June 26, 2001 (Unanimous response.) CHAIRMAN CARTER: Item #10I AND 1 OK Okay. Motion carries 4-0. CONTRACT WITH BIG CYPRESS MITIGATION BANK AS LOW BIDDER FOR THE LIVINGSTON ROAD-NORTH PROJECT WETLAND IMPACTS - APPROVED AND BID #01-3222 FOR AN ANNUAL CONTRACT FOR THE SALE OF MITIGATION CREDITS TO THE COUNTY- AWARDED TO MITIGATION CREDIT SALES AND MARINER PROPERTIES; AND STAFF TO DEVELOP LONG TERM PLAN FOR THE FUTURE Now, 16(B)6, Commissioner Coletta. COMMISSIONER COLETTA: Yeah. This is a big issue for me, mitigation credit sales. It's setting up a bank, credit bank, for mitigation outside of the county. I think some time ago we directed county staff to start working on being able to do it internally within the county. I want to know where we are with that. I don't want to get involved in a long-term contract that will take dollars out of Collier County. On one hand we're telling people that we want to make them willing sellers, we want to make them whole, we want to pay them a fair price for their land, and on the other hand we're taking mitigation dollars and sending them out of the county. CHAIRMAN CARTER: I would like Mr. Miller to address that and his environmental specialists because I think-- I understand your questions, but there are some other considerations. COMMISSIONER MAC'KIE: I don't understand the question. Are we -- the contract is with a firm that's not located in Collier County? Page 106 June 26, 2001 COMMISSIONER COLETTA: From what I understand, these dollars won't be directed to Collier County. MR. MILLER: Yes. Give us just a minute, and we'll get you there. Good afternoon. Steve Miller, director of transportation engineering. I have with me today Dick Hartwell who is my environmental permitting specialist. He's been in on this from the beginning of the whole process, and I'd like to kind of introduce him now and let him get you to where you need to -- where you can understand. COMMISSIONER MAC'KIE: MR. HARTWELL: I will try. COMMISSIONER MAC'KIE: your Thank you. It's a challenge because look at audience. We're tough. CHAIRMAN CARTER: Yeah. For the record -- MR. HARTWELL: Basically-- CHAIRMAN CARTER: For the record, sir-- MR. HARTWELL: For the record, Dick Hartwell, transportation engineering. CHAIRMAN CARTER: Thank you. MR. HARTWELL: 16(B)6 is a rather simplified annual contract that we're trying to get on board, and the reason for that is we have a glitch in our permitting process for our transportation roads. When we go in with a permit application to the agencies that we have to process it through, they will not process that permit without us naming a mitigation bank. This has caused a lot of problems, and it has slowed up our permitting process of getting the roadwork done. What I would like to do is to have -- we went out for a bid on this, and we had a response from two mitigation banks, actually three, as low bidders, and what I'd like to do is to have them put on an annual contract for one reason only. That reason would be that they would -- Page 107 June 26, 2001 we could list them. We pick them, whoever we want to pick, and list them on the application to have that application go forward faster than it would normally, and then we come back to the board just like we would before and get approval from the board on that mitigation bank itself. COMMISSIONER COLETTA: Let me ask you a question. I don't mean to interrupt you, but I want to make sure we're headed in the right direction. MR. HARTWELL: COMMISSIONER contract doesn't obligate MR. HARTWELL: Right. COLETTA: What you're saying is this us to go to any one of the three; right? That's correct. COMMISSIONER COLETTA: So at any point in time we can more or less consider this contract null and void and move it into our own mitigation bank if we want to start one within the county? MR. HARTWELL: Absolutely. CHAIRMAN CARTER: But what this does is speed up our application process and not slow down our road development. COMMISSIONER COLETTA: And the last thing I want to do is slow it down, but I think we've been slowing down the process as far as getting a mitigation bank set up to take care of the needs of Collier County. COMMISSIONER MAC'KIE: Right. COMMISSIONER COLETTA: We need to go forward on that with full speed. We're sending dollars in a direction that is not beneficial to the citizens of Collier County. MR. HARTWELL: I can help you out a little bit on that, sir. At this point we are basically working on that program through Mr. Mudd, Mr. Dugan, and myself and Mr. Suitor at the natural resources department. We've been looking for a number of years at helping out in Collier County and Belle Meade and also south Golden Gate, the Page 108 June 26, 2001 Picayune Strand State Forest, which has been purchased by the KARL program. The objective that we have thought about doing, and we have the total agreement with the forestry and also board of the Department of Environmental Protection who actually own the land out there, is that we were going to set up a program to restore that land and help the forest industry and in the meantime have credits for our road program. The restoration would take place strictly in Collier County. We also own a mitigation bank in Collier County which we have used and are still using for our road projects. The Immokalee Road project, that's in the process of being built now, we used mitigation credits in that bank that the county owns to get that permit. We also used that bank to get Collier Boulevard from Golden Gate Boulevard down to U.S. 41 in that bank. COMMISSIONER COLETTA: That bank was for -- the money went where? MR. HARTWELL: That was banked there for three projects that we had permitted for. The problem with that bank is that once we get through with these projects, we have the bank forever. It's in perpetuity. MR. OLLIFF: Dick, Dick-- MR. HARTWELL: Yeah. MR. OLLIFF: Right over here, over here. MR. HARTWELL: Oh, I'm sorry. MR. OLLIFF: The question is, where is that bank? It's in Collier County? MR. HARTWELL: It's in Collier County. It's in the Belle Meade section of Collier County. It's 480 acres. MR. OLLIFF: Let me just give the board a two-second summary on mitigation banking, if you will. A mitigation bank takes, in essence, five years from the time you start and have a piece Page 109 June 26, 2001 of property picked out in order to be able to get your permits in hand and actually use it. We are pursuing a mitigation bank here in Collier County, but as a goal of ours in terms of what kind of mitigation bank we want, we believe it's in the county's best interest to have a mitigation banking program on property, frankly, that the county does not own because the ongoing maintenance expenses with trying to maintain the property are very, very costly. So if there's an agreement that we can work out with currently state- or federally-owned land that they would like to see some improvements done to -- and primarily it's previous wetlands property that are currently exotic infested -- the county as a mitigation credit can go in and strip out the exotics, which the state or federal government will never get the money in order to be able to do, and then they can maintain it in its then restored state. The environment gets the benefit from it. Collier County gets the mitigation credit for it, and that's the kind of mitigation bank that we're looking to try and create. Just so you know that we haven't -- we have not done anything in terms of mitigation banking historically either. The county, actually, was on the verge of a 480-acre mitigation bank, which we were steered away from in order to try and steer our efforts more towards CREW, and at the time the environmental agencies wanted us to head towards CREW for our environmental banking as opposed to some property in the North Belle Meade Picayune Strand area. That property was not in Collier County. So, frankly, we've had a little bit of a reversal in terms of where the environmentalists would like to see us put our efforts. We think, just as a policy of the county, it's our recommendation that when possible the benefits ought to be in Collier County. Secondly, when possible we ought to try and find joint mutually benefiting projects between the state, the federal government, and Collier County where Page 110 June 26, 2001 the county does not end up being the ultimate owner of the bank, and that's where we're heading. COMMISSIONER COLETTA: Good answer. How long will this all take place? MR. OLLIFF: Well, again, that process is probably a five-year process by the time you start and finish mitigation banking. COMMISSIONER COLETTA: And the five years began when? MR. HARTWELL: I'm going to say it's an eight-year or seven- year process. COMMISSIONER COLETTA: So we're five years into a seven-year process? MR. HARTWELL: It began two years ago, sir. CHAIRMAN CARTER: You've got another four or five years. MR. OLLIFF: Three to five years. MR. HARTWELL: It's a long process because we have to have the agreement -- we have to have the agreement of the agencies upfront. We need to know how many credits they're willing to give us, and then after they agree upon that and we agree upon that and we come to the commission on that, then we know that we have a five- year program to restore that land out there, and we cannot -- they won't release the credits until after five years. That's -- even if you went out and bought private property in Collier County -- COMMISSIONER COLETTA: I understand that. You have to go through a process. MR. HARTWELL: Right. COMMISSIONER COLETTA: I'm just trying to find out where the process is, and I want to be comfortable with the fact that we've got a process underway. MR. OLLIFF: Mr. Chairman, there are a couple of related items here, and I can see Mr. Simonik chomping at the bit. He's actually Page 111 June 26,2001 registered for another item, but I think, you know, it's all related in terms of the mitigation-bank issues, and if I would go ahead and call Mr. Simonik. CHAIRMAN CARTER: Yes. Mr. Simonik. MR. SIMONIK: Thank you, Mr. Hartwell. Thank you, Mr. Chairman. I appreciate being able to speak on this even though I registered for another one. They are very similar items. I'm somewhat confused by the conversation because I'm hearing that we have had a mitigation bank in Collier that was used for several projects on transportation needs. We are now doing another mitigation bank, working on it presently for transportation issues in Collier County, which I was told was not happening by someone in county staff. So that's why I came here today, to make sure that we are working on a mitigation plan for mitigation in Collier County for impacts to Collier County natural resources. I hate to see impacts happening in Collier County and Collier County taxpayers' money going to either Lee County or the east coast. On one of the other items, one of the bidders was from the east coast, so I don't think our taxes should be going there or even in Lee County. Something just came up that Mr. Olliff recommended to you about our mitigation plan may include mitigating on property that is not owned or will not be owned by the county. Let me say that we are in total opposition to something that has mitigation on currently owned conservation lands by either the state government, federal government, regional, or however it's done. The state now has a moratorium on that kind of mitigation on already-preserved property. The whole point of the "no net loss" is to gain also in geographic area when you lose the wetlands. When you do Brazilian pepper removal, melaleuca removal, like they did on Little Pine Island, which on the other item -- I think it Page 112 June 26, 2001 was one of the bidders that responded to the RFP -- that kind of mitigation now is under a moratorium in the state. Environmental groups opposed that heavily from the beginning. We still oppose the whole concept of what they did at Little Pine Island, which was to take already-owned conservation land and use monies for mitigation to just enhance it. We think that's -- it's planned state money that shouldn't be used to already enhance and improve our already-owned conservation lands. So if you are working on a mitigation bank-- which I'm glad to hear that you are because that was my whole point of coming today, to say that we need to develop a feasibility study to see if we can do this mitigation plan. But definitely we would be outright opposed to going into the Big Cypress to somewhere in Fakahatchee that's already conserved and seeing a net loss of our natural resources through mitigation. So it's a major problem for us. It's a big issue for us. We fought it at the state level, and it's still under a moratorium as far as I know, so we would not like to see that happen in Collier County. It's not the way to go for mitigation. So I guess I'm glad now to hear that we are moving towards mitigation within the county. Also, we have some private mitigation banks. I know the mitigation bankers and consultants were here today when I heard the item was pulled. I'm not one that likes to take enterprises out of the private industry and make it a government industry enterprise, but I think that some of our mitigation banks are inadequate in the areas where they're at because we have mitigation necessary within a watershed or within a basin. And moving out of the county is definitely a bad thing, but it's biologically the wrong thing to do when you're moving out of a watershed and basin. I think that's probably at this point all the comments that I have. Thank you. CHAIRMAN CARTER: Thank you. Page 113 June 26, 2001 MR. OLLIFF: In response, two things. One, yes, we are moving towards a mitigation bank. Two, if the board or if for some reason state and federal government has changed their position in terms of being able to restore what may have previously been wetland properties by exotic removals, there's also another option that the board will have the choice to be able to decide and give us some direction on. There are some properties that are currently, from my understanding, not being pursued by the State of Florida that are still part of the North Belle Meade area that may be an option for another mitigation bank opportunity for us, and whichever of those, the board will be presented with an option to give us some direction. COMMISSIONER COLETTA: Do you have another speaker? MR. OLLIFF: I do. Nancy Payton. CHAIRMAN CARTER: Does this deal with both -- well, I guess it really deals with both issues, so when we're done I guess we can move on both issues. MS. PAYTON: Nancy Payton representing the Florida Wildlife Federation. My apologies for not being here when these related items were heard. I appreciate the opportunity to speak now. When we saw these on the agenda on Thursday, it was, "Oh, I remember a conversation that took place in April that there was going to be this effort of the county to establish some way to use mitigation monies to be creative and to serve a number of purposes, not just mitigation for infrastructure, but to protect wetlands, complement our aquifer recharge areas, contribute to the Everglades restoration effort." Yes, there are lands in Belle Meade that we think would be ideal candidates. In fact, the water management district has agreed with us that we'd be ideal candidates for Collier County to purchase it for mitigation. I'm sure that there could be an agreement worked out whereby forestry could manage those lands or somehow relieve the Page 114 June 26, 2001 county of that long-term obligation. I don't understand why-- and forgive me if I didn't understand this -- we have to wait five years to have our own program because developers, when they need mitigation, they go out and buy land. So I still don't understand why we can't now go out and buy land to meet those mitigation obligations. COMMISSIONER MAC'KIE: We can. We just can't buy mitigation bank credits, but we certainly can and do buy land. MR. OLLIFF: Every day. MS. PAYTON: Okay. So it still doesn't answer my question about why we can't go out and buy land for Livingston Road obligations. MR. OLLIFF: It depends on-- MR. HARTWELL: You can go out and buy land. The land you buy has to be approved by the agency for them to say it warrants the credits. The problem that we have here on Livingston Road -- are we getting into 16(B)9 now? I hope. CHAIRMAN CARTER: Yes. MS. PAYTON: You see, they're really one and the same. MR. HARTWELL: Well, one and the same, but it takes a long process for the agencies to approve land, and it takes also that you have to prove that that bank is viable. MS. PAYTON: Well, I'm not looking for a bank. COMMISSIONER MAC'KIE: Forget the bank. Why don't we just buy land? Why do we need a bank at all for this particular road project as opposed to just buying land in Belle Meade? MR. OLLIFF: Because that is part of our permit condition. MR. HARTWELL: As part of our permit condition, we're -- MR. OLLIFF: Dick -- MR. HARTWELL: -- held by the Corps. Of Engineers on this permit that we're going to this bank to purchase the land. It's a Page 115 June 26, 2001 stipulation of Livingston Road North. COMMISSIONER MAC'KIE: And why do we have to purchase the land through this bank instead of just purchasing the land like we always do? COMMISSIONER HENNING: For credits. MR. HARTWELL: Well, it's to get the credit. You see, the program -- MR. OLLIFF: Dick-- MR. HARTWELL: When we built the road -- MR. OLLIFF: Dick-- COMMISSIONER HENNING: Dick. MR. OLLIFF: In this particular case, we applied for a permit a year ago. At that point in time, this was just the chosen option in order to be able to mitigate for this particular road project. We're at the point today where we actually need to be able to transfer money to that mitigation bank in order for our permit -- for the county to continue to meet its permit obligations. In fact, we have to transfer the monies by the very first week of July in order for us to stay current with our permit. COMMISSIONER MAC'KIE: So why would we stay with that option instead of just going with the more simple approach that we've used in the past of just buying land instead of buying credit? MR. OLLIFF: I'm not saying for future road projects that may not be a good, viable option in terms of mitigation ofjust finding some decent environmental property and negotiating, as part of the permitting condition, the purchase of a 10 for 1 if it's off-site or whatever that condition may be, but in this particular case on Livingston Road that project will stop if we don't proceed. COMMISSIONER COLETTA: I understand where you're coming from there. No arguments on that. What I would suggest to move this thing forward, if I may -- Page 116 June 26, 2001 CHAIRMAN CARTER: The U.S. Corps. Of Army Engineers is controlling this one, ladies and gentlemen. COMMISSIONER MAC'KIE: No, they're not. MS. PAYTON: No. I disagree with that, Commissioner. There was a deal struck that they agreed to, but let's forget about Livingston Road and learn from that mistake -- COMMISSIONER COLETTA: Forget about that? MS. PAYTON: -- so that we don't do that again. I am confident that the Corps. Of Engineers and the water management district would be more than happy to negotiate lands in North Belle Meade that will complement the southern Golden Gate restoration effort, solve some flooding problems, and solve some access problems that currently exist for some Collier County residents. It solves many different problems by thinking creatively by how we use these mitigation monies, not just for roads, but for other infrastructure. COMMISSIONER MAC'KIE: COMMISSIONER COLETTA: CHAIRMAN CARTER: No. COMMISSIONER MAC'KIE: Forget banks, buy land. Not in this case. Well, you can't in this case because we made that option already, but for future reference why would we ever go with mitigation banking instead of just buying land? COMMISSIONER COLETTA: Because-- MS. PAYTON: I think we need an overall program where we might need mitigation banking in some, and we need to purchase land, but what I don't see is this program yet. COMMISSIONER COLETTA: That's what I want to address right now. MS. PAYTON: And maybe it's in the works. COMMISSIONER COLETTA: I would suggest that we get a report out as soon as possible of where we are in the process and then Page 117 June 26, 2001 a follow-up report every four months as we move into it so we can keep apprised of where we are on this. MR. OLLIFF: My suggestion to the board is, one, you've got some current items that need to be approved, but I couldn't agree with Miss Payton any more that we need to get together and work on what is going to be the future direction for the county infrastructure projects. The reason we bank is simply a matter of timing for us. If you have the properties and the agreements already with the state ahead of time, then you don't have to go out and start looking for it, and you don't have to -- it's a timing issue on the project itself. I don't think Ms. Payton, Mr. Simonik, or the county would disagree that mitigation banking is a good program for the county in the future. It's still buying land. It's just agreeing up front where is the land we want to buy and going and taking it down today. So I would suggest to the board that we go ahead and approve the items that are on the agenda today but also as part of that motion you direct your county staff to work with not only each other, but to bring in the Florida Wildlife Federation and The Conservancy. COMMISSIONER COLETTA: So moved. COMMISSIONER MAC'KIE: Second. CHAIRMAN CARTER: We've got a motion. We have a second. All in favor signify by saying aye. (Unanimous response.) CHAIRMAN CARTER: Opposed by the same sign. (No response.) CHAIRMAN CARTER: Motion carries 4-0. Thank you very much. It gets down to we want a plan, long term, and we'll hear about it as you evolve through the process involving The Conservancy and Florida Wildlife. All right. Good. Everybody's happy campers holding hands and smiling. We're going to break for Page 118 June 26, 2001 lunch. COMMISSIONER MAC'KIE: What time will we be back? CHAIRMAN CARTER: We will be back here at -- let's see -- two o'clock. (A lunch break was held from 12:45 p.m. to 2:07 p.m.) Item # 10G RESOLUTION 2001-268, RELATIVE TO ORDINANCE 91-31, AS AMENDED, BY REQUIRING RECONSIDERATION OF THE WATERFORD ESTATES PUD WITHIN SIX MONTHS- ADOPTED CHAIRMAN CARTER: Good afternoon, ladies and gentlemen. Board of County Commissioners is back in session. We are now at -- under Board of County Commissioners, Item E. Mr. Mudd. MR. McNEES: Mr. Chairman, we had a request that -- there are some members of the public here for Item 10-G that we believe is going to be very short -- that if you could perhaps hear that before the CHAIRMAN CARTER: Mr. Mudd, we will get you up here. Yes, we can move to 10 -- we've had the poor guy up and down so many times he thought he was in a physical fitness program. Okay. 10-G, then. Go forward with 10-G, Mr. Dunnuck. MR. DUNNUCK: Yeah. I'm doing everything in my power to keep Jim sitting down as long as possible. For the record, John Dunnuck, community development/environmental -- environmental services administrator. 10-G is a request from staff to go back and take a look at the Waterford PUD. Our recommendation is not to create an entire new PUD, but rather to review and then submit a new PUD that would be Page 119 June 26, 2001 amended according to the new standards. There's been some concern regarding the Habitat for Humanity relating to this project. And in an SDP, which is part of the current PUD, our recommendation is that -- to the board that you go forward, require that they amend this PUD according to the new standards so that we can have a comprehensive review from the transportation division and other divisions, but that we would work with the Habitat for Humanity to be sure that that SDP doesn't get held up. They would be required to work with the new standards, if new standards come forward with the PUD, but that -- in fact, that we would not hold up their project and keep them moving. CHAIRMAN CARTER: Questions by the board? COMMISSIONER HENNING: No questions. CHAIRMAN CARTER: Public speakers? MR. McNEES: You have none registered. COMMISSIONER HENNING: Motion to approve. COMMISSIONER MAC'KIE: Second. CHAIRMAN CARTER: I have a motion to approve by Commissioner Henning, a second by Commissioner Mac'Kie. All in favor signify by saying aye. (Unanimous response.) CHAIRMAN CARTER: Opposed by the same sign. (No response.) CHAIRMAN CARTER: Motion carries 4-0. Thank you very much. Item #10E REPORT ON REQUEST FOR ADDITIONAL INFORMATION (RFAI) FOR LONG-TERM AND COMPLEMENTARY SOLID WASTE ASSESSMENT FOR COLLIER COUNTY- STAFF Page 120 June 26, 2001 RECOMMENDATION WITH EXCEPTION WASTE TO ENERGY AND MSW COMPOSTING Now, here he is, the one and only, director of public utilities, Mr. James Mudd. MR. MUDD: Quick before they change their minds. Let's see if I can get the screens to work. CHAIRMAN CARTER: He's so shocked that he got up here and can't get the equipment to work. MR. McNEES: I'm just wondering which part he thinks we might change our mind about. COMMISSIONER MAC'KIE: While he's getting ready, let me take the opportunity to say hello to my nephew Tucker who's visiting from Mississippi. Hi, Tucker. CHAIRMAN CARTER: Well, hello, Tucker. We're glad you're here. I hope you-- COMMISSIONER COLETTA: Where's Tucker? CHAIRMAN CARTER: I don't know. COMMISSIONER MAC'KIE: Look in that TV camera and say CHAIRMAN CARTER: Right there. COMMISSIONER COLETTA: Oh, I see. Tucker, don't stand - - get away from the TV. You're too close. You're going to get a radiation burn. MR. MUDD: For the record, I'm Jim Mudd, public utilities administrator. It must have been a good lunch. Today we're going to talk about long-term solid waste options. We've started this process. We started heavy discussions in November when we thought we were in a predicament, and we know we're in a predicament still as far as landfill space is concerned. We talked heavily about it up on the hill on December 20th, I think it Page 121 June 26, 2001 was, or 22nd -- I think it was the 20th, the day before winter. It felt like winter that day up on the hill. We've talked about it in January when we came back to do some options about negotiations. We've talked about it in February. We've talked about it in March. We've talked about it in April. We've talked about it in May. COMMISSIONER MAC'KIE: This is only since you've been here. Some of us have been here for a while talking about it. MR. MUDD: Yes, ma'am. But every month we've talked about it, and we've started to take pieces away of this puzzle in order to come up with some solutions that are well thought out and to provide you with all the information that we possibly can so that you can make a -- a well-educated decision for Collier County. The staff initiated an electronics recycling program and received confirmation from FDEP we'll receive $50,000 in grant money in order to start this program off. We're one of three counties that received the grant and only three counties in Florida. The board approved negotiated agreements on June 12th, 2000, which included collections of electronics at no additional cost. Staff is in the process of stepping up recycling and processing systems. To do a little benchmarking as far as C & D debris is concerned, I provide this slide, and you can see from the slide that we're not doing a very good job with the other top counties in Florida as far as recycling of C & D debris. And we're going to talk about that at great length, and the staff will make a recommendation that we go out for bid for C & D recycling. We're in the process of doing a more aggressive construction demolition program to achieve a higher recycling rate. We did the benchmarking, as I showed you on the previous slide. We need to solicit a request for proposal to increase our C & D recovery and recycling rates. If you -- if you take a look at the -- at the C & D that's received in the landfill, if we can get at a 90 percent Page 122 June 26, 2001 rate, we can pretty much take out about 20 percent of what we get in the landfill on a particular year, 465,000 tons a year, and you can take out a little less than a hundred thousand tons a year if we can recycle our C & D. Another benchmark that we went out and took a look at, we started to talk about benchmark on -- on yard waste; biomass, as George Yilmaz affectionately calls it; or you can just -- as Dr. Ozores-Hampton calls it, it's grass garbage. But it's yard waste. This is how we do against the other counties. And if it wasn't for the composting effort that we're in with Pacific Growers right now that Dr. Hampton and George Yilmaz worked out and so did Waste Management -- because it's been almost a year. And as we worked that process out, we've got about 70,000 tons of yard waste right now that have moved out in the last 45 days out into Immokalee. And I've visited the site. It's a first-class operation with pilot program and full-scale operation on 141 acres that are being provided out there. And it gets us up into the 80 percent. We're still not where four other counties are that are leaders in the State of Florida. We've got some work to do in that particular case too. Staff conducted a preliminary benchmark, as I've mentioned. I'm on the second bullet. Staff is in the furth -- is in the process of further increasing this rate by potential inclusion ofbiosolids, our sludge, and other biowaste. We need to get our sludge from a Category double A to a single A and do it like the City of Naples does and Dade County and include our sludge waste that is coming from our sewer plants; instead of depositing it in the landfill or any other way, use it in that compost operation. And that'll give us another 7 percent of our total tonnage that goes into the landfill as sludge, and that would put it in an alternative means and be used to fertilize the farmlands of Collier County. Again, we're in -- in close Page 123 June 26, 2001 working relationship with Dr. Monica Ozores-Hampton to increase our biomass recycling and compost for reuse. If you take a look at this histogram or this chart, you get an idea of how we do against other counties when it comes to newspaper, glass, aluminum cans, plastic bottles, steel cans, corrugated cardboard. We lead in some categories, like plastic bottles. We could do a lot better. And when you go over to the far right-hand side, though, you can see, when you do the overall adjustment, we've got some -- we've got some room for improvement as far as -- as far as our recycling is concerned. And hopefully with -- with the mandatory commercial recycling program that we're working on that we'll bring before the board in the next month or so, and with our increased items that we're going to recycle at curbside, that should do our numbers quite well and increase our process against -- and our numbers against the other leaders within the state. The program, along with expanded residential recycling as approved by the board on 12 June 2001, is expected to significantly increase the glass and cardboard recycling and the other recycling. And we'll start the expanded curbside on 1 July, and that's -- that's my commercial, okay, because it's been signed. So that's good news both out in Immokalee with Immokalee Disposal and with Waste Management. The staff is expecting to increase the landfill diversion rates by implementing more aggressive biocycle and C & D recovery and recycling programs. The staff expects to increase curbside residential and commercial recycling as a result of mandatory commercial recycling and expanded residential recycling programs. Our preliminary study, pencil work, that we've done, George and I, we think we can divert about 50 percent which presently goes into the landfill. We'd like to take off about 225,000 tons a year with these Page 124 June 26, 2001 programs. Before I go into recommendations, we would like to-- we would like to hear what Malcolm Pirnie has to say about their elevations and their scheme and their -- their scenarios, the six of them -- when I said schemes, vignettes, whatever you want to call them -- as far as -- as far as our solid waste options are concerned. I provided five of them to you via e-mail, and then a sixth was added by the Zero Waste Collier group. And I provided the evaluation packet to you commissioners on Friday so that you could get an idea and get a read ahead on that process. In the middle of my briefing, Steve Schwarz from Malcolm Pirnie will -- will present the integration report. MR. KRASOWSKI: Can I address a misspoken thing here real briefly? Number 6, which was presented through Mr. Mudd to Malcolm Pirnie, has been modified by Malcolm Pirnie. I have the original No. 6 that was modified by Zero Waste Collier to -- to show you later. Okay. Thank you. MR. SCHWARZ: Mr. Chairman, Members of the Commission, good afternoon. For the record, my name is Steve Schwarz with Malcolm Pirnie. I know these briefings probably are beginning to seem endless, but I do think we're making some good progress. We're ready to make some important recommendations today. And I think what we've done now, we've moved beyond the stage of just looking at individual technologies, and we're ready now to look at systems, what we call scenarios, where we put the pieces together and see how it might work for Collier County. To recap briefly, we did an early request for expressions of interest, which were reported to you on March -- in March. Based on the results from that, we narrowed the field down to eight companies. We then recontacted those eight companies, asked them for additional information in writing, also conducted telephone Page 125 June 26, 2001 interviews, also in one case conducted an in-person interview when we thought that was necessary. And those all concern what we call the core technologies, the technologies that might be at the heart of a solid waste system and deal with most of the waste in Collier County. There are also what we call the ancillary technologies, things like landfill gas to energy or C & D recycling, which are probably components of any system. And we also investigated those further through another -- a request for expressions of interest process. We contacted some 1500 firms by e-mail. We also ran an ad. That process is actually still open until August, but we will report to you on the results so far. To recap, the core technologies were -- first two choices that involved out of county disposal; one being truck hauled, presumably to some place in Florida, for example Okeechobee or Glades County; rail haul which would be an out-of-state alternative. Waste to energy, and we have two alternatives there: One, the mass burn system that is common in Florida; and the other one was the newer system, the circulating -- RDF to circulating fluid bed. That was represented by Foster Wheeler, but they did not respond at all to this stage. And that is consistent with our understanding that subsequent to the failure of their new facility in Robbins, Illinois, that they have withdrawn from the business, and they're no longer interested in proposing. So I think they're out of the game. We also looked at MSW composting. And then the last, which we called gasification here, which could also be called pyrolysis, that -- there we're referring to the technology that's marketed in the U.S. By a company called Brightstar, which is -- has one example at the moment, which is an Australian city. So those are the core technologies we're looking at. CHAIRMAN CARTER: Is not Brightstar, sir, the one that is a Page 126 June 26, 2001 part of Energy Developments, Ltd.? MR. SCHWARZ: Yes. CHAIRMAN CARTER: Thank you. MR. SCHWARZ: The ancillary technologies include material recovery facilities, both clean and dirty; curbside recycling; biodiesel; landfill gas to energy; biosolids, which is a variety of composting; and C & D recycling. As I mentioned, having assembled this data, we then sought to assemble these into various scenarios that represent complete systems. Let me say that there are, no doubt, an infinite number of scenarios. We're not at all representing these are the only possible ones, but I think -- I think these capture the essence of each of those ideas, and they're good for evaluation. They could be modified. Here's the first scenario. This one happens to be truck haul out of county. First let me remark, if you look at the left side of the diagram where you see things like mulching/composting, dirty MRF, clean MRF, biodiesel, and even the Naples Landfill -- landfill gas utilization on the right side, I think what you're going to see is that those components are in common with just about every one of these things. Now, these are the things that Mr. Mudd was referring to earlier. They're really a necessary component of any of these systems, and I -- we agree that, you know, through these -- through these elements, Collier County should be able to do better than 50 percent recycling. CHAIRMAN CARTER: For our listening audience, will you clarify the word "MRF"? MR. SCHWARZ: Yeah. MRF, M-R-F, is our jargon for a materials recovery facility where material collected is sorted into, say, cans, bottles, newsprint, and so on. A clean MRF would handle material that has already been curb separated either by the collector or by the homeowner. A dirty MRF is where you take material that Page 127 June 26, 2001 has not been presorted but actually sort it at the MRF to get higher recycling rates. We describe that as an optional element here because there's really a cost-benefit analysis necessary. I mean, does it pay to spend more money at the dirty MRF to get better separation? That kind of depends what you're spending at the other end. Or am I avoiding, say, a hundred dollars at a waste-to-energy facility, then I probably want to spend the money at the MRF. If I'm only avoiding $40 at a landfill, maybe I don't. The rough cost of this alternative, looking at the core technology, is probably in the 40-to-$60-a-ton range, although we won't really know that for sure until we bid it. And as you'll see later, where we're coming out is we recommend that we bid it. So this scenario relies on a very well-proven technology: landfills. Landfills work. Whatever else you can say about them, they work. The landfill would be located outside of Collier County. The landfill in itself is neither a pro nor a con to recycling. You can still do recycling first, and you would certainly need other facilities like materials recovery facilities and C & D recycling facilities to get your recycling rate up to what it should be. Let me just mention something here. You see a 30 percent number there and a minute ago I said above 50, and Mr. Mudd said above 50. When I talk about above 50, I'm talking about what I would consider real recycling, I mean what really gets recycled. But the State of Florida DEP has their own formula that you have to use to calculate recycling. They only give you credit for certain elements, so that number tends to come out lower. So if you're comparing it county to county, you'd want to use that number. That's the 30. But in reality it'll be over 50. Scenario No. 2 is the waste-to-energy-facility scenario. Again, although the boxes are rearranged slightly, the elements are pretty Page 128 June 26, 2001 much the same. We still have recycling of yard waste. We still have recycling of C & D. We still have materials recovery facility and recycling of household waste. We would still have landfill gas utilization. In addition, with this alternative we get a little bit better recycling because we get metals, both ferrous and nonferrous, out of the waste-to-energy facility, that can be recycled. And, I think very importantly, we get a substantial energy recovery element. This would be the most expensive alternative. We estimate it here at 85 to $110 a ton. So Scenario No. 2, in summary, again, well-proven technology, many facilities like this operating. The facility could be located in Collier County, so you would have control over it as opposed to an out-of-county facility. You could use the Naples Landfill for ash disposal, and it would last probably a hundred years for that purpose. It's -- it's the most costly alternative, but it does provide for good recycling rates and power generation. This is the third alternative. This is rail haul out of state, very similar analysis to the truck-haul alternative. In some senses -- some sense the rail haul is a little riskier because now you're crossing state lines, so you have more jurisdictions to worry about. At the same time, there's a benefit. Once you've -- once you've invested in the infrastructure for rail, once you have a facility to load refuse onto trains, the characteristic of rail haul is the distance doesn't matter. The difference in cost between going to one state or another, within reason, really makes very little difference. So although you're a little more vulnerable to upsets in a particular state, you have a much better chance of sending it to someplace else in another state. So this analysis is very similar to the truck-haul analysis. Again, it relies on a remote landfill, so you lose an element of control there. It has no direct effect on recycling rates, and you still need the local recycling infrastructure. Page 129 June 26, 2001 This is the composting alternative. I want to make sure we distinguish the different kinds of composting. There's composting of organic waste, say composting of sewage sludge, for example, or composting of leaf and yard waste. Those are well-established, reliable technologies, because composting is basically a biological process that works well in organics. Here we're talking about MSW composting, and that means that we're talking about composting of material that starts out, at least, with a lot of things in it that don't compost: Cans, bottles, plastic, and so on. Now, all of the systems that compost MSW rely on different methods for screening out at least some of those materials that won't compost, either screening them out before, screening them out after. But MSW composting, because of those contaminants, is inherently much more difficult than composting simple organics. CHAIRMAN CARTER: Are there also some older challenges with that process, too, if I understand it? MR. SCHWARZ: Yeah. The MSW composting industry in the U.S. Has had quite a number of serious setbacks. There've been -- probably been a dozen plants or more that have been forced to close and fundamentally for two reasons: One is odor problems, and the second is unmarketability of the compost. If the process is not successful in getting out the contaminants, the compost may well be unmarketable, and this kind of defeats the whole purpose of the composting facility. COMMISSIONER COLETTA: So we're looking at an alternative that isn't one of the best ones at this point in time compared to the information that you-- MR. SCHWARZ: Yeah. As you'll see in a moment when we get to the ranking, we give it a negative for that aspect. It has its good aspects, and it has its bad aspects. But I would definitely say -- we would definitely say that this is a riskier alternative than the Page 130 June 26, 2001 others because of the -- of the poor track record of this technology. This is a summary. Again, you could locate this facility within Collier County so you do have control. There have been odor problems and problems with the use of the finished material. And a good thing, though, is if this were working, this would get very high recycling rates. Collier County -- this is the fifth scenario. This is the gasification or the Brightstar alternative. Just a brief summary of that, just so you remember, there's a -- the way that technology works is there's an autoclave-type device at the beginning where the waste is heated and moistened, and it -- basically the matrix breaks down. Instead of garbage as we know it, it gets soft and becomes much easier to handle and much easier to separate out the plastics, metals, and glass. And then there's a mechanical processing step, which is similar to a material recovery facility, where this material is sorted and separated. And then there's a drying step, where the moisture is squeezed out. And then the material is pelletized and put in a gasifier or a pyrolysis unit. The important distinction here is that incineration, you burn something, and you get gases which have contaminants. Although we clean them up the best we can, inevitably there are going to be contaminants and those gases have to be exhausted through the atmosphere. With this system, the waste is contained in a vessel and heated from the outside. So it decomposes -- the heat makes it decompose -- but there's no exhaust. It's then routed to clean-up facilities and then ultimately burned. Theory, what we're told, is that that burning process is very clean, and there are no contaminants, no significant contaminants, from it. COMMISSIONER HENNING: Before we move on, you're saying that there is a dirty MRF on the front side of this. That's what Page 131 June 26, 2001 I hear. And is that included in the cost for the 40 to $50 a ton? MR. SCHWARZ: It is, yeah. COMMISSIONER HENNING: Wow. MR. SCHWARZ: Yes. "Wow" is exactly the right word. I guess to confess our own bias in all of this, our own bias is to be very conservative about this stuff. I mean, we've seen a number of failures in the field, and counties are not, in our view, in the risk-taking business. So we tend to lean very heavily towards the tried and true. COMMISSIONER HENNING: And this is -- 40 to $50 a ton is for how many years? You're basing that on -- I mean, you have a facility that needs to be constructed. MR. SCHWARZ: Right. COMMISSIONER HENNING: Is that construction cost included in this 40 or $50 a ton? MR. SCHWARZ: Sure. In all of these facilities -- there are different ways to finance it, but we're not worried about that detail now. COMMISSIONER HENNING: Right. MR. SCHWARZ: In all of these facilities, these are simply the life-cycle cost. In other words, we've taken the -- COMMISSIONER HENNING: Life-cycle cost. MR. SCHWARZ: Life-cycle cost. COMMISSIONER HENNING: Gotcha. COMMISSIONER MAC'KIE: You were about to say you're leaning? MR. SCHWARZ: Right. As I say, we're very conservative, so one might well say, what in the world are we doing here with a facility of which there is one in the world which has been in operation for four months? And the reason it's here is -- is the promise of a cost even below the cost of landfilling -- not your local landfill but a long-haul landfill -- plus, you know, very impressive Page 132 June 26, 2001 description by the -- a company that's urging us to buy it about how well it performs and how clean it is. As you'll see later, I think, if we're interested in this -- if you're interested in this, that all needs to be checked. But were that true, this would be an attractive alternative or exciting alternative. So this is relying on emerging technology with a short operating history. Developers claim very impressive environmental performance and recycling performance. Again, you could use the Naples Landfill for -- they call this char, but it's like ash -- and it would last a long, long time, and it would be very cost-effective if these costs are correct. The last alternative is the one that was presented to us by Zero Waste. If we -- if we -- COMMISSIONER MAC'KIE: It's some modification of what was submitted. MR. SCHWARZ: Right. CHAIRMAN CARTER: Some modification. You'll have a chance to present exactly what you presented but -- so don't get excited here. MR. SCHWARZ: If we've confused this at all, we apologize. We were only trying to report what was explained to us. In many ways this is similar to the composting alternative that we discussed earlier, but it's a more innovative, more ambitious application of that technology. Some things that have been added, you see the FERCO gasifier at the top. That's the wood waste gasifier that you were told about at the workshop two weeks ago, the one that operates in Vermont. A key element of this and a key reason why this is different than the composting alternative we discussed earlier is the three-can collection system that's proposed here. Remember we talked about composting being good for organics. This scheme tries to enhance that by having separate collection of food waste from households and Page 133 June 26, 2001 commercial establishments. And it certainly -- it certainly is correct that if that material were collected separately instead of being mixed in with a lot of cans and bottles, it would compost much better. But separate collection of organics is a big job. I mean, it needs -- it means another parallel collection system, and it means that homeowners would be -- would have to have a separate can for food waste which, in this climate, can lead to odor and insect problems. So -- and there also -- it's a significant cost, as you'll see. This is -- this is the same scenario that we've just put a reorganized -- our way, just so we could understand it better. And what you see and what we tried to do here -- you'll see the compost number is very high there; 180 to 200 is a rough estimate. And that's not -- and you might ask why is that so much more expensive than just composting, and that's because we've tried to estimate the additional cost of a three-part collection system. Only about 11 percent of the waste stream is food waste, so if you have to construct a separate collection system for only 11 percent, you don't have all that many tons to divide by, you get a high cost per ton that way. COMMISSIONER MAC'KIE: And why would that require separate collection? MR. SCHWARZ: Well, the -- the idea of the scheme is to keep the organics separate -- or one of the ideas is to keep them separate, and then they compost better, which is -- COMMISSIONER MAC'KIE: But, I mean, I understand I'd have two separate garbage cans, but why couldn't they all be collected at the same time? MR. SCHWARZ: In this scheme you'd have three garbage cans. COMMISSIONER MAC'KIE: I understand. But why couldn't they be collected simultaneously? Page 134 June 26, 2001 MR. SCHWARZ: Well, because the garbage cans get dumped into the truck. If you dump them into the truck, they mix together. COMMISSIONER MAC'KIE: But the recycle folks that come by, they take it, and they put the cans in one, the paper in one, and the something else in another. MR. SCHWARZ: But typically you'd have one -- with a typical recycling program, you'd have one truck that collects ordinary waste. It's just dumped in the back and compacted. And then you'd have another truck that collects the recyclables. And it's done different ways in different places, but the way it's done in Collier County is curbside sort. So the recycling truck, the driver takes the newsprint and puts it in different bins. COMMISSIONER MAC'KIE: So what I'm saying is if I had my food in a bin and my something else in a bin and my something else in a bin, why couldn't there be one collection that comes along and dumps this one into the front third of the truck, this one into the - MR. SCHWARZ: Interesting idea. I hadn't thought of that. So you're proposing another -- you're proposing a kind of truck that would have the capacity for collecting organics and recyclables all together. COMMISSIONER MAC'KIE: I'm just asking because I don't know. MR. SCHWARZ: I hadn't thought of that, and I don't know anyplace that-- COMMISSIONER COLETTA: That was one of the proposals that was given to us in the workshop. They were telling us about how they had it broken down between the dry garbage and the wet garbage. They-- they separated the organic from the rest of it, and it was picked up at curbside. COMMISSIONER MAC'KIE: Yeah. It sounded to me -- Page 135 June 26, 2001 COMMISSIONER COLETTA: And I can't remember who it was, but I can remember that part of the presentation. COMMISSIONER MAC'KIE: -- like it was two garbage cans; one for dry and one for wet. And then there would be -- horticultural, I guess, would be -- but that's already separate. MR. SCHWARZ: Again, we're reporting-- we're reporting somebody else's system here, but this purports to be a three-can system. COMMISSIONER MAC'KIE: But that doesn't mean three different pickups. MR. SCHWARZ: The way it's been done in the jurisdictions that I'm familiar with has been -- has been three pickups. You're proposing a kind of truck that would be adapted to collect both organics in, say, a separate compartment, and other, let's say, hard recyclables in different compartments. And I -- and I'm not saying that's impossible or even unknown. I'm just saying I'm not aware of it and hadn't thought of it. COMMISSIONER MAC'KIE: Okay. Because that -- for my vote anyway, you could go ahead and tag that as something that I'd be interested in knowing, and we could refer back to, as Commissioner Coletta said, the person who was here at our workshop who talked about having two bins, wet and dry. That sounded pretty darn simple to me. And if that-- because if that becomes a negative in the -- in the possibility of looking at Scenario No. 6, then we need to investigate it more thoroughly before we write it off. COMMISSIONER HENNING: And let's talk about odor issues with this compost of-- of solid waste. What kind -- it was said before about odor problems. What's different from this from other composting facilities that have failed in the -- COMMISSIONER MAC'KIE: These are entirely enclosed, the wet compost here, the way they talked about it at the workshop, Page 136 June 26, 2001 anyway. COMMISSIONER HENNING: And there have been enclosed facilities that have failed in the United States. MR. SCHWARZ: Right. The-- I think you're thinking of the Canadian composting alternative. They do have an enclosed anaerobic digestion step. That's really only for the liquid portion. They get a kind of bleach aid out of the way that they squeeze out, and then they digest anaerobically. COMMISSIONER MAC'KIE: Were you at our workshop? MR. SCHWARZ: Yeah. And we -- we called Canada afterwards to find out more about it. COMMISSIONER MAC'KIE: I'm sure you're more informed than I, but it just seems like there -- I -- maybe I wasn't at the workshop, but they were talking about a totally enclosed system that - COMMISSIONER HENNING: That's the Canadian. MR. SCHWARZ: Right. I guess one of the things -- I was going to say it a little later, but let me say it now. If-- if it ends up that the commission is interested in something like the system in Australia or the system in Canada, what I was going to say is it's absolutely imperative to go and see these systems. You know, we've seen a lot of systems around the world, but we can't possibly see all of them. COMMISSIONER MAC'KIE: Of course. MR. SCHWARZ: So you've got to go and look. And I was going to suggest, if it's not presumptuous, that a representative of the commission should come along. There's a -- COMMISSIONER MAC'KIE: I'll go to Australia; you go to Nova Scotia. CHAIRMAN CARTER: You can -- anybody wants to go to Australia, that's fine with me. But I couldn't concur with you more Page 137 June 26, 2001 that when we get to that point as a commission, we say -- let's say we get it down to two that we really feel are very promising, that we need Jim Mudd, our director of utilities, staff of his selection, a commissioner to go and examine these. We've got to have a hands- on approach to this where we really understand it, and then we can come back and have the final discussion, because you don't talk about investing millions of dollars and sit here behind this dais and say, well, I've got all the answers. You've got to get out and look at it. MR. SCHWARZ: And there can be a world of difference between what you hear from what are essentially salespeople at workshops and what's really there. COMMISSIONER MAC'KIE: And did you -- the one that's four months old, the pyrolysis, you've seen it? MR. SCHWARZ: No. COMMISSIONER MAC'KIE: So we don't know yet if it's -- I mean, we like it, but it's just there on a salesman's pitch. MR. SCHWARZ: Very skeptical, right. It sounds wonderful but I've heard that before. COMMISSIONER MAC'KIE: Yeah. Okay. Just trying to keep all the pieces in-- MR. SCHWARZ: Just going back to the other, there still would be a solid component. There's still -- there's a solid component. Now, right now the composting facility that we heard about in Canada is actually not composting that solid component. They're just giving it to somebody else, Scotts, I think, who compost it separately. But when they have the system fully operating, the intention is that they would compost that component, and ultimately that compost has to be stabilized in wind rows. All these composting systems require a stabilization step in wind rows. Now, I think they are proposing to do that in a building. COMMISSIONER MAC'KIE: What is the word you said? Page 138 June 26, 2001 MR. SCHWARZ: A wind row is a -- kind of a big pile. You stack it up in big piles in rows. COMMISSIONER MAC'KIE: Is it something that would be in Collier County? MR. SCHWARZ: Yes. You need a substantial period of time to -- for this compost to fully stabilize, for the biological actions to finish. And even though that would probably be done in a building, a very large building, that building has to be ventilated. So that's usually where the odor problem has come up, where these wind rows which are -- ideally they're fully aerobic and don't cause odor problems, but sometimes they do. And if the ventilation system on that building doesn't have adequate odor control or the odor control is overwhelmed, you've got a problem. And that's happened a lot. COMMISSIONER HENNING: And let me just remind the board, this is part of the reason why -- how we got to this process -- why we're here today is because of the odor problems at the Naples Landfill. COMMISSIONER COLETTA: You don't really care to spend millions of dollars to be right back to where we are right now; is that correct? COMMISSIONER HENNING: COMMISSIONER MAC'KIE: Exactly. But I -- COMMISSIONER HENNING: Unless I can have a big fan and blow it in somebody else's district. COMMISSIONER MAC'KIE: Wasn't there -- wasn't there -- CHAIRMAN CARTER: Goes east, Commissioner. COMMISSIONER MAC'KIE: Wasn't there a totally enclosed composting system, the anaerobic system? Even that one involves these rows and-- MR. SCHWARZ: Right. COMMISSIONER MAC'KIE: Okay. Page 139 June 26, 2001 MR. SCHWARZ: These -- you're thinking of the anaerobic digester which just deals with the leachate piece. COMMISSIONER MAC'KIE: Okay. MR. SCHWARZ: Okay. To try to evaluate these systems, working with staff we came up with a scoring system and a number of categories that we used. And we're going to -- I'm going to present those scores to you and show you how the score come out. But let me say right at the beginning that there is inevitably a subjective element to any scoring like this. If you ask us what does something cost or how many pounds a day or something, we can calculate it. But when we have to weigh environmental impact versus cost versus recycling rate, obviously reasonable people can disagree. So we'll give you our evaluation and our recommendation, but in the end, ladies and gentlemen, you have to weigh that yourself. COMMISSIONER HENNING: So tell me how you got to your ranking process. You're saying you put in all those things? MR. SCHWARZ: Let me just show you. Here are the -- the six categories that we decided to use. The local community effects, things like appearance, odor, noise, traffic. General environmental, global environmental, if you will. In other words, if you put a landfill in Alabama, it may not have any effect on Collier County, but it still has an effect on the environment, not to mention the trucks that go back and forth or the trains. Local economic effects, what it would cost. What impact it would have on rates. Does it have a liability component? Efficiency and productivity, how much public participation or public inconvenience, if you will, does it cause? What effect does it have on the recycling rates? How adaptable it is to the changes in the future. Siting effects, would there likely be community opposition? Would that delay the project? Would it be costly? Would it have a health and safety risk? And lastly, risk, uncertainty, is this proven or risky? Page 140 June 26, 2001 COMMISSIONER HENNING: Now, did you rank these at the order that they're in, or did you give a equal weight or -- MR. SCHWARZ: What we did was, for each of these categories, we gave each technology a score for each category, and the score ranged from plus 2 for very good to minus 2 for very bad, 0 being neutral. We have a lot of arguments about these ranges. COMMISSIONER MAC'KIE: Yeah. I would have to put numbers on-- MR. SCHWARZ: It's not easy. Okay. Here's the rankings for the six technologies. This is No. 1, which is the truck-haul technology. Local community, we gave it a neutral. It has no direct impact to the local community. It's someplace else. COMMISSIONER MAC'KIE: Can we talk about these as we go? I'd like to -- I'd say that that would be a positive 1. You know, the fact that the landfill wouldn't be in our county would be positive. MR. SCHWARZ: And it certainly could be done that way. Our interpretation was positive is actually -- in other words, there's some things people really like, like maybe a sports arena. That's a desirable. Not having something there is not actually desirable, it just isn't bad. But we could do it your way, yes. COMMISSIONER MAC'KIE: And I'm going to -- I'm just going to do my little rankings, and I would encourage the commissioners to do the same thing. They start on page 3-1 of the little bound book. Because if we do ours as we go, then we can hand them to you and have you do the math and tell us if we agree with your recommendation or not, just mathematically. It's on this little -- the one that they gave us on Friday, this thing. Mine was out here this morning. MR. KRASOWSKI: Excuse me, Commissioners. I hate to be out of order, but this material is not available for the public to review prior to the meeting, nor is it available now for us to follow along Page 141 June 26, 2001 with. You got those, we didn't. We don't -- not even on a recyclable -- printed on recyclable paper or anything. CHAIRMAN CARTER: With all due respect, Mr. Krasowski, we're not going to make a decision today. We just want to get some idea in our own minds, and we will share all this with the public. So it's -- MR. KRASOWSKI: Okay. I just wanted to make that point. Thank you. CHAIRMAN CARTER: Thank you. COMMISSIONER MAC'KIE: Okay. I won't interrupt you on every point anymore. I just thought it would be -- MR. SCHWARZ: Definitely arguable. I mean, that-- there's nothing, you know, perfect or right about these. It's just the way we looked at it. Environmental, this being the big picture environmental, we gave this a modest negative. There is a landfill someplace, but we assume it would be a well-designed, well-operated landfill. Local economics, we give this a neutral. I'm sorry? COMMISSIONER MAC'KIE: Nothing. CHAIRMAN CARTER: Commissioner Mac'Kie hid it. numbers. Okay. Sue, I found mine. She didn't want me to play my COMMISSIONER MAC'KIE: Not true. MR. SCHWARZ: Local economics, we give this a zero, neutral, because it's a relatively low-cost alternative. COMMISSIONER MAC'KIE: Oh, I lied. I'm going to interrupt you. But it's more expensive than what we're doing, so that makes it a negative 1 to me. MR. SCHWARZ: Again, you could do that, but I guess here we're evaluating these against each other. We didn't consider that -- this analysis didn't consider the do nothing, just use Naples as on the table. This analysis -- Page 142 June 26,2001 COMMISSIONER MAC'KIE: All right. MR. SCHWARZ: -- just looked at which of these six is best. Efficiency and productivity, neutral. It doesn't have any particular impact on the citizens. It doesn't help or hinder recycling rates. Local siting, you don't have to do. And risk, a modest negative, primarily on the control issue. It's out of-- it's out of county. Other jurisdictions -- thank you. Excuse me. Other jurisdictions have some control over your furore. Scenario No. 2, this is the waste to energy -- so that ends up with a minus 1 overall. Scenario 2 -- and there's a table at the end where we compare these. Scenario 2 is the waste-to-energy scenario. Local community gets a significant negative. These are very unpopular facilities. Global environmental gets a neutral. There are many of these facilities that operate today that meet all permit standards and so on. Local economics big negative because it's very expensive. COMMISSIONER MAC'KIE: Is 2 the highest negative you've got? MR. SCHWARZ: It's as high as you can go -- or as low as you can go. It's a minus-2-to-plus-2 spectrum. COMMISSIONER MAC'KIE: Okay. MR. SCHWARZ: Efficiency and productivity gets -- gets a plus. You can have all the regular recycling stuff and your recovered energy and the metals from the back end. Siting gets a negative because of the lengthy and costly permitting efforts. And risk is neutral because it's a well-proven technology with reliable companies supplying the equipment. So that ends up pretty negative, minus 2.5. COMMISSIONER MAC'KIE: I got a negative 5 on that one. MR. SCHWARZ: Pardon me? COMMISSIONER MAC'KIE: I got a negative 5, you wouldn't be surprised to know. Page 143 June 26, 2001 MR. SCHWARZ: Okay. We're going to have to normalize your scores, Commissioner. Okay. But a rail haul, this is pretty much the same as the truck alternative. It's neutral in many categories, good on economics, modest negative on environmental, and modest negative on risk because of the loss of control issue. It ends up with a minus 1, just like the truck haul. This is the composting alternative. We give that a negative on local community. Primarily because of the odor issues, these have not been popular facilities where they've been sited in other places. We give it a minus, negative, on environmental. There are odor and even some health issues with composting. There's a particular fungus that grows in compost that has been implicated in pretty serious human health impacts. And then the compost itself, if the separation isn't successful, could contain contaminants which would end up contaminating the soil. COMMISSIONER MAC'KIE: So why didn't we hear about -- I mean, that's just -- CHAIRMAN CARTER: Let's stick to the rating for a moment, please. COMMISSIONER MAC'KIE: Okay. MR. SCHWARZ: Local economics, this is more costly than the Florida way, alternative, although not as costly as the incineration alternative. Efficiency and productivity is good, you know, lots of recycling and a marketable soil product. Local siting we think would be contentious. And risk we gave a negative 2 (sic), primarily because of the numerous failures of these kinds of facilities, not to say that there haven't been some successes. And, you know, some of the manufacturers that were here, you know, may say they can do it, but you have to look at it in the big picture, and it has been a very spotty technology. COMMISSIONER MAC'KIE: Is this Scenario No. 4? Page 144 June 26, 2001 MR. SCHWARZ: COMMISSIONER MAC'KIE: what mine has, for risk. MR. SCHWARZ: Correct. COMMISSIONER MAC'KIE: This is No. 4. And you gave it a negative 1, is I thought you said 2. MR. SCHWARZ: No. The overall is minus 2.5. This is the -- this is the Brightstar gasification or pyrolysis alternative. Now, here - - here I'm -- I mean, I'm kind of breaking one of my rules or-- I'm -- I'm taking the vendors at face value, which I know is -- I'm suspicious of that, or I'm cautious of that. But for the moment I'm doing that to see how it comes out, understanding that we'd never build it from this. We'd only say maybe it's worth a look. Maybe this is true, maybe it's not. But suppose it's true, I guess, is what I'm saying. If it's true, the local community effects are negligible. They say it has virtually no emissions, no impact. The environmental impacts are negligible. The local economics are good. This is the low-cost alternative, even compared to out-of-state landfill. Efficiency and productivity are good. Good recycling rates and energy recovery. Still it's a solid waste facility and has to be permitted. I don't think those things are ever easy, so we give it a negative for that. And we give it a negative for risk; again, relatively new technology, not a long track record. However, that comes out to a 0, which is good in the scheme of things. COMMISSIONER MAC'KIE: And I gave it a negative 2 on risk just because there's only one. We haven't seen it. It's been operating for four months. What the heck would get a negative 2 on risk if not this? CHAIRMAN CARTER: Is that true, it's the only one? COMMISSIONER MAC'KIE: It's the only one -- MR. SCHWARZ: Correct. Page 145 June 26, 2001 COMMISSIONER MAC'KIE: -- in the world. It's been operating for four months. Nobody in the room has seen it. CHAIRMAN CARTER: Well, let's go to Australia and look at it. MR. SCHWARZ: Right. You could well be right, Commissioner. They have said-- if I could digress for a moment, how would you -- how would you actually do something like this? I mean, would we ever recommend to you that you actually buy one of these things? Never. Impossible. Even if we went to see it and it was the Emerald City, we still wouldn't believe it until there's ten of them working. So the only way you might do it is if you went and looked at it and it was really good and they were really cheap, would be basically on a prove-it basis. So what you might do is you might say, okay, we'll give you 20 acres over here at the landfill. You build it. You operate it. When you're ready for an acceptance test, you tell us. We'll send you some waste if you need it to test it. And after our engineers say it's passed the acceptance test, then we'll activate our contract which says we send you all our tons every day. And if it's not good-- we'll give you whatever, three years, let's say, to get it going. And if you haven't gotten it going in three years, off the site. And post a bond. The bond pays you for your work, to pay us and to pay the staff, and it pays you to clear the site if they go bankrupt and you're left with a facility. COMMISSIONER MAC'KIE: And with a right to toss them if it causes any problems that are unacceptable to -- MR. SCHWARZ: They can't cause environmental problems. Now, that's the toughest scenario we ever present to any vendors. That's the scenario we present to them. There's -- we don't trust, that it's not proven, and you're going to have to show us. And usually nobody can do that because that means it's 100 percent their money. Page 146 June 26, 2001 These guys say, fine, we'll do it. Now, is that really true? Will they really do that when it comes time to signing contracts? Maybe. It's not unknown for salespeople to say, sure, we'll do it and the legal department to say no. But, again, that's what they're saying. CHAIRMAN CARTER: Well, I don't know. I agree with you. It's a higher risk area, but I will factor in the Far East Merrill Lynch Desk Assessment of Energy Development, Ltd., as I go through that process. A billion-dollar enterprise, people in the capital side of the business, private enterprise, does not easily chase ghosts, so we'll see. We'll put them to the test. You want to come and build it and test it and if it works, fine. COMMISSIONER MAC'KIE: Is what you're saying -- CHAIRMAN CARTER: But we're going to find out. COMMISSIONER MAC'KIE: Are they a publicly traded company? CHAIRMAN CARTER: Yes, they are. COMMISSIONER MAC'KIE: And their stock is doing well? CHAIRMAN CARTER: Well, I'm not a fin -- I'm not a -- I'm not an analyst on that basis. I will not go there. But there's a report. You can check with your own sources. Merrill Lynch Desk rates it as a long-term buy for the company. So, to me, that's just a factor in all of this in terms of what I'd want to see eventually come out of this process. But I'm like you, from Missouri, show me. MR. SCHWARZ: Now we come to the last scenario, No. 6, the one that was given to us by Zero Waste. I'm sure this is going to be a controversial rating, but this is our opinion. We give this a minus 1 on the local community because it's a big composting element. And as we discussed earlier, there's been a negative history on composting. Similarly we give it -- and this is the same as what we gave the other composting -- a minus .5 for environmental. We give it a minus 2 on economics because we see this as a Page 147 June 26, 2001 complex, costly alternative. We give it a plus 2 on efficiency and productivity because it would achieve very high recycling rates. We give it a negative on local siting. More or less like most solid waste facilities, it's not going to be popular. And we give it a negative on risk because, again, of the complexity and because the record on composting plants hasn't been good. And when we add all that up, we get a minus 3.5. COMMISSIONER MAC'KIE: And I got -- I don't know -- you know, you gave them neutral -- you gave them the same ranking as you gave the others with regard to composting, and I'm very curious. I'd need more education about that. I thought I learned earlier that we didn't have -- that there were ways of addressing that composting smell by separating the trash early into wet and dry, doing it anaerobically. I mean, I'm sure I've got a lot left to learn, but I thought there was a way to address that. And the environmental, I would say this has to be a plus, even if it's just a plus .5 because of the net no waste or, you know, as near to no waste as possible, because this system makes a loop all the way back around to the beginning in an attempt to reuse or recycle or refuse to use items that can't be reused or recycled. MR. SCHWARZ: Yeah. I guess we're -- we're very skeptical of that idea. As the -- the doctor who was an expert on composting said to you, I think her advice was you have to understand that you're in the compost production business, not in the waste disposal business. And I agree with that 100 percent. The facilities that have been successful have understood that they're in the compost production business. They start from their customers. They say what does this customer want. The potting industry, for example -- COMMISSIONER MAC'KIE: Have you looked at that in this county with all the ag industry that we have? MR. SCHWARZ: But hear me out. We've done these things. Page 148 June 26, 2001 You start from the customer, and you work back to the process. But what happens when you do that? What happens is you say the customer's not interested in glass in his compost. The customer's not interested in plastic. Therefore, you end up with a very selective composting facility that will, indeed, make excellent compost. The trouble is it doesn't have much impact on waste management. I mean, the county is not in the compost business. You're not in the power business. The only reason you do any of those things is you have a problem, solid waste, to manage and, say, electric generation or compost or something is a by-product of that. When you flip that around and you start out by saying we have to make A-number-1 compost, the only way you're going to get that is exclusion, by saying I won't take this waste because it doesn't make good compost. But where does that get you? You've got to take the waste. Or by rejection, screening. In other words, you make the compost, but you screen out a lot of stuff to get it down to what the customer wants. And where does that stuff that's rejected go? Into the landfill. So real-world experience is that compost strategies are high-residue strategies. They -- when they work-- and lots of times they don't work. But when they work, you end up with a lot of stuff going into the landfill. You look at Biocycle's list of composting facilities, if you actually go look at them, a lot of them are really just putting the compost in the landfill for land spreading. I mean, they consider that a success, and in some rural communities you can do that. You could never do that here. But the compost is unmarketable. You know, I question whether that's a viable strategy. CHAIRMAN CARTER: Well, isn't there a composting operation in West Palm? Is that a part of their operation? MR. SCHWARZ: That's horticultural. West Palm has a -- Palm Beach County has a RDF waste-to-energy facility. That's why, I said Page 149 June 26, 2001 that earlier, you've got to be careful. If you just take composting and you include things like food waste, horticultural, pure organics, there's a giant industry out there that does composting all the time. I mean, did you ever buy a mushroom in a supermarket? It's grown in a cave in Pennsylvania on compost made from horse manure. I mean, these people are the top experts in the world on composting. It's true. I've been there, but it's a specialized niche. Okay. Here are the totals that we came -- CHAIRMAN CARTER: So much for mushrooms; right? MR. SCHWARZ: Here's the totals that we came out with. MR. KRASOWSKI: Excuse me. One more point. This gentleman keeps saying that No. 6 was given to him by Zero Waste. That is not true. I expect you to clarify that every time you mention that, and I -- because I -- CHAIRMAN CARTER: You've going to have the opportunity - MR. KRASOWSKI: I don't want him misrepresenting what we proposed. So this has nothing to do with No. 6. MR. SCHWARZ: It's the best we could under -- we intended to evaluate what he gave us. But if we misunderstood, I apologize. CHAIRMAN CARTER: Well, we'll give him equal opportunity to explain the process as he perceives it and have that opportunity to explain it to the commission. MR. SCHWARZ: Okay. Where does this come out on our scoring? The gasification choice, to my surprise, comes out-- well, first of all, everything comes out negative or neutral, which I think makes sense because these are not good things. You don't want to do this; you only have to do this. So you'd think they'd all be negative. The gasification comes out the least bad of these choices at 0, primarily because of the promise of very minimal environmental impacts and low cost. So it gives you -- if it does really work, it Page 150 June 26, 2001 gives you a facility you can control here in Collier County that's still less expensive than landfill -- not your current landfill but a future landfill out of county -- and doesn't have any bad environmental impacts. The other two alternatives that are pretty close and the same are the two out-of-county alternatives, both at minus 1, either rail haul or truck haul. And as you'll see later when we get to the recommendations, I don't think there's a difference. In other words, I think that's a bid situation. In other words, if you want to go that way, you bid it and you see who bids low and -- and fine. Where we come out is that's your universe of choices. And if you as a commission wanted to say this Australian thing is pretty risky, why do we need to bother, you will get no argument from me. I could well understand that view, in which case your universe of choices drops it to let's haul it away. The others are, you know, significantly more negative on cost in some cases, on public acceptance, or on risky, unproven technology. COMMISSIONER MAC'KIE: And I would hope that after the Zero Waste people make their presentation, that you could come back and help us. I'm not going to know how to understand if they're telling me something that you say is not going to work, etc. Based on what I have heard, mostly from them and some on the Internet about the Zero Waste, you know, I end with, like, a plus 2 on that one, but I may not understand a lot of things. So I hope that you will comment again on their -- on the No. 6 as they present it. MR. SCHWARZ: Certainly. CHAIRMAN CARTER: I'd like to hear No. 6 from Mr. Krasowski -- is he our speaker for that -- to come forward at this time. If you'd explain that process, take the commission through it, and we will have the discussion. COMMISSIONER MAC'KIE: We're switching to the Page 151 June 26, 2001 visualizer, Katie, if that's something you need to know. MR. KRASOWSKI: Good afternoon, Commissioners. Nice to see you-all again. My name is Bob Krasowski. I'm with Zero Waste Collier County. And, when was it, last Tuesday the Zero Waste Board of Directors had a meeting with Mr. Mudd, and he showed us 1 through 5 of these proposals, and we were critiquing them. And he said, well, look, if you have a problem with this, then submit your own. So we went and did that, and he wanted it by Wednesday. So I went home, knocked it out on the computer with the help of my daughter, who noted her participation on the bottom there, and brought it back the next day, was talking to Commissioner Mac'Kie, realized we left a couple of things off, went back to Mr. Mudd, and he told me that he had-- he could make the adjustments because -- but first he'd call Malcolm Pirnie because he had sent it to Malcolm Pirnie. I had no idea Malcolm Pirnie was getting this. This was, like, a rough draft. So Rob French from Malcolm Pirnie called me, and we discussed it to some degree. But nowhere does what is included in your packet as No. 6 now represent what I've given you as our No. 6. Okay. I started off saying I'm with Zero Waste. We have formed an organization. I'd like to introduce you briefly to the people -- you probably already know them, but I'd like to identify them as Zero Waste participants. We have Nancy Gross, which is the president. Nancy, you want to raise your hand? And then John Mansika is our treasurer. I think you all know John. And then my wife, Jan Krasowski, is the secretary, and I'm the executive director. Our purpose is to involve ourselves as citizens in the process of critiquing and identifying a solution to our solid waste problems. Okay. Now, many of the things that Malcolm Pirnie has done seem very interesting, and we think it would be beneficial to the community for you to investigate even further. But some of the Page 152 June 26, 2001 things they've done, as No. 6 scenario, are suspect to us. Like here in their version of No. 6, they have 180 to $200 a ton, which includes collection in the MSW -- the -- the horticultural component of the -- or organic component, food waste, in the waste stream. But if you look down here on their thing, and there's C & D waste. COMMISSIONER MAC'KIE: pointing to. MR. KRASOWSKI: Oh, okay. COMMISSIONER MAC'KIE: We can't see what you're On the No. 6 -- Why don't you put it on that. MR. KRASOWSKI: Can you see that? COMMISSIONER MAC'KIE: Uh-huh. MR. KRASOWSKI: Okay. So organic food waste is identified on their sheet as 180 to $200 a ton. On ours it has a 30 to $40 a ton identification, and that was what CCI -- COMMISSIONER HENN1NG: Bob, what's the cost of dirty MRF going to be? MR. KRASOWSKI: Let me get to that, okay, because I -- CHAIRMAN CARTER: Let him -- MR. KRASOWSKI: One step at a time. The point being that we took the information that CCI had provided in their presentation. So they're including collection. Here they include the collection cost in identifying the cost of the -- of the compost material. But down here where C & D waste is -- is identified as 20 to $35 a ton -- that's the tipping fee for C & D waste -- there is no inclusion of the collection cost. So this is -- you know, I mean, they're just going after what they don't like and -- well, who knows what they're doing? Okay. But it's not scientific. It's -- it's not a -- an appropriate way to give a balanced view of each of the options. But in our-- in our scenario, which is lacking in their scenario, is up front we have waste reduction programs here which feed into the commercial and curbside collection and then into the C & D Page 153 June 26, 2001 waste. Now, that's an important part of the whole listed program, where you go out and you talk to companies and you identify which other places have done very successfully, which in your budget, I understand, you have somebody slotted to perform that task for us. Okay. And then as you move through the white boxes -- the white boxes, those are collection categories and techniques -- you go over into the lighter gray which are processes. Then you come over here where you see on this chart the darkest areas are the ones where you actually achieve a complete reclamation of those materials that are going through the process. Now, in this chart the organic waste processes, which we identify as CCI, is optional. I mean, you could put different things in there, or you could bypass it altogether and send the horticultural, the organic matter from your collection, the restaurants, the homes and stuff, straight to -- to a composting thing. But this, the CCI, as I understood it, was an in-vessel- contained composting process. And then also we have down here our recycle markets. And you'll see here that at the landfill -- which Commissioner Mac'Kie noticed -- at the landfill, the organic-free landfill and the C & D landfill, that the arrow goes back to the waste reduction programs, which after we identify what we can't handle any other way, moves back to waste reduction. And we identify what it is, and we work on reducing that as a -- a material that winds up in the landfill. COMMISSIONER MAC'KIE: Bob, can I ask you just some common sense -- MR. KRASOWSKI: Sure. COMMISSIONER MAC'KIE: -- basic questions that don't have to do with arrows and triangles and rectangles? MR. KRASOWSKI: Yeah. Okay. COMMISSIONER MAC'KIE: Help me understand what the proposal is. I understand that it starts with waste reduction. So Page 154 June 26, 2001 setting that aside for a second, at the top, the cooking oil and grease waste, this is the City of Naples program, the biodiesel. MR. KRASOWSKI: That's optional. And it-- it-- I guess -- yes, that's what it is. What -- what I am asking today, and maybe I can kind of abbreviate this whole thing and not get too complicated, is that when you decide what you'll continue to investigate, we would like all of the components in this No. 6 to be included so that we, along with your Malcolm Pimie or whoever your consultant is when you're moving forward, can evaluate these things. I -- COMMISSIONER MAC'KIE: I like that better than me trying to figure out -- because I was having trouble trying to figure where each kind of garbage goes where. But I absolutely don't want to eliminate any of these from our discussion, so that is easy. MR. KRASOWSKI: How about eliminating waste to energy? COMMISSIONER MAC'KIE: I'm -- that's so marked off my list. MR. KRASOWSKI: Okay. Now, the composting -- now, I'm not in favor of the municipal solid waste composting primarily because I believe -- I don't want to put any thoughts in his head -- but I think I agree with Commissioner Henning as far as the odor problem, how it relates to wherever we put it and particularly what's been suffered through in his community -- our community, but that element of our community. But I have heard certain comments regarding the odor and how it doesn't exist. But if you want to pursue that and look into it further, I wouldn't object to it. I have no objections to -- well, I have some objections, but if you include these processes and allow us to work with you to move forward as Zero Waste Collier to evaluate these things, get our own numbers in regards to what is represented and the cost of composting or doing other things, then we'd be pretty happy, and we would come back to you in the future having more information and data. Page 15 5 June 26, 2001 Commissioner Henning asked about the dirty MRF. If you remember when Dr. Connett was here, he mentioned Nova Scotia, which turned into a controversy, which I'll address maybe at some other time. I don't want to get too -- spread too thin here. But the -- what is the other material that comes out of the waste collection stream, on your chart here on No. 6, would go to a dirty MRF, and any organics in that part of it would be separated there and go up to the composting stream. And then that way you remove the organics, and you remove the smell. So this is going along the lines of what he was saying. There are other speakers that are going to touch on other things that were said. I think the pyrolysis, if we're -- if we want to consider that, I don't see why we'd have to bring them here to have them test their facility. They have one in Australia. We could maybe do a television conference with the people over there. It would be a lot cheaper, a lot less wasteful in time and air fuel to go over there, a preliminary study. But we could, maybe, on the basis of that, decide if somebody should go there, and let them run the thing over there for three years. And then we can -- you know, we can learn about what - - their success and what their actual activity is. COMMISSIONER HENNING: Are you recommending that we ship our waste over to Australia for three years? MR. KRASOWSKI: Given the transportation cost -- well, no, I'm not. But what I'm saying is let them -- let them do what they're doing over there, and after a two- or three-year period, whatever number you guys come up with, go ahead and -- and study the results. I'm sure they're going to document everything they do. And, you know, if they're successful, fine. I have other -- other issues with that, but I won't bring them up now unless you -- at some date you decide to bring one over here, as far as what they do to recyclable material and the whole theory or the Page 156 June 26, 2001 whole philosophy of trying to capture every bit of-- of material so we can put it back into the manufacturing stream so we don't have to deplete global resources, which we're doing right now, forests and all these things. You know, we should be more efficient, just overall more efficient. And that leads me to one other point I want to make, and that is many people, more than I had thought before, are very suspicious of globally orientated environmentalists. They think that people in the environmental movement who are interested in things outside of the country are part of this one-world government effort to grab land in the United States and turn the world into one standard global -- you know, I'm not about that. Okay. We're not about that. We've talked about it. We're about efficiency. COMMISSIONER HENNING: Well, I won't spread that rumor anymore. MR. KRASOWSKI: Thank you. Anymore, yeah. Most of it comes from out in the estates. That's your-- he laughs. You know what I'm talking about. COMMISSIONER COLETTA: You're on a roll, kid. MR. KRASOWSKI: Well, you know, that's -- that's an important thing, you know. We're -- we're interested in efficiency, environment, and economics. And so, too, are you. So at some point in time, I hope our -- the target we're shooting at from different positions, the arrow winds up hitting the -- you know, the point in the middle. Maybe even we'll -- we'll agree with Malcolm Pirnie someday, and they'll be up here presenting, and we'll be cheering them on. COMMISSIONER COLETTA: Bob, question on that, now that we're at a good point. Do you feel like you've been part of this process and it's been meaningful, what you've been doing for it, or do you feel kind of flustered? Page 157 June 26, 2001 MR. KRASOWSKI: Well, it's frustrating. It's stressful. It's anxious. I'm sure you experience the same things as we debate and try to make points and don't -- you know, don't agree. But, you know, I've told you before, I feel entitled as a citizen to know all of this stuff, to be shown all of the material right away. But I appreciate, in reality, how people get guarded or, you know -- and I know you negotiate certain deals in privacy until they're done and stuff like that. I understand that. So I do feel I've been a part. Well, you know, the law says you're allowed to negotiate with a company without every public -- every citizen sitting there watching you. COMMISSIONER COLETTA: What I'm getting to, Bob, I think you've been very instrumental in the direction we're going, and I don't know if you realize it or not. MR. KRASOWSKI: Well, I -- COMMISSIONER COLETTA: I can see a lot of you written through this whole darn thing from beginning to end. MR. KRASOWSKI: Well, good. Good. Well, I have support of other people and in the community. I stand up here alone a lot, but they're contributing. And you, as well, in the beginning invited me, so you could, you know -- to the degree I'm successful -- COMMISSIONER COLETTA: -- either, did I? MR. KRASOWSKI: What's that? COMMISSIONER COLETTA: I didn't uninvite you at any time. MR. KRASOWSKI: No, you did not. So that's cool, you know. CHAIRMAN CARTER: Anyone have any other questions for Bob? I appreciate your time. I think you've got a lot of great ideas here. I don't think we're so far off the same page. COMMISSIONER MAC'KIE: I have one question. CHAIRMAN CARTER: All right. I'm just going to say efficiency, environment, economics, economic analysis by outside, Page 158 June 26, 2001 unbiased -- I don't care who they are, you can't have somebody that's got a vested interest give me an economic analysis and say mine works. MR. KRASOWSKI: Yeah. We've got a great productivity committee. I've sat in on a couple of their meetings, and I'm really impressed with them. So that could be one leg on a three-legged stool. CHAIRMAN CARTER: That may be, but it may be others who -- who can bring in other depths and breadths to it. But I don't know, but I -- those are the kind of answers that have to be laid down through this whole process and -- MR. KRASOWSKI: And we'd like to keep working with you if you'll -- CHAIRMAN CARTER: Absolutely. Because there are entrepreneurial things here. If Detroit Edison wants to get involved, we'll give them a piece of dirt out there. If you want to build a biodiesel production plant, show us the numbers. MR. KRASOWSKI: Let's check it out. CHAIRMAN CARTER: Right. Thank you. COMMISSIONER MAC'KIE: I just wanted to -- I thought that I had the opportunity to get you on the record as agreeing with Malcolm Pirnie on a point. MR. KRASOWSKI: What was that? COMMISSIONER MAC'KIE: They ranked the waste to energy MR. KRASOWSKI: And Rob French is a nice guy? COMMISSIONER MAC'KIE: They ranked waste to energy as the poorest alternative. MR. KRASOWSKI: Interesting. COMMISSIONER MAC'KIE: Do you agree with that? MR. KRASOWSKI: Yes. Maybe for different reasons, though, Page 159 June 26, 2001 you know. But, you know, we've come a long way. There's so much to know about. There's so much to process, and you guys have ten other things on your plate. You know, you've got the budget. You've got -- you know, and Mr. Mudd has done a fine job moving along on the issue, you know. I think at first he thought he knew everything there was to know about it. CHAIRMAN CARTER: I doubt that. MR. KRASOWSKI: But after -- I'm just teasing him, you know. But I think, you know, as time moves on, he processes this information, and we get a better and better result. So, you know, I'm hopeful. CHAIRMAN CARTER: Thank you, sir. MR. KRASOWSKI: Thank you. MR. McNEES: Mr. Chairman, at the risk of moving us forward, we do have some more registered speakers, if you're ready for that. CHAIRMAN CARTER: Let's take all the registered speakers. Then we'll come back to Mr. Mudd. And any comments by Malcolm Pirnie, we can also factor that in, but let's take the other speakers. MR. McNEES: Your next speaker would be Mark Olson, who will be followed by Jan Krasowski. COMMISSIONER MAC'KIE: And if I could just say, based on the presentation that Mr. Krasowski made, I withdraw my request that you reanalyze No. 6. It's not necessary at this point. Didn't want you to be over there doing math. MR. OLSON: Mr. Chairman, Commissioners, my name is Mark Olson for the record. Just a point of clarification as to what I'm doing here. First of all, I'm not a salesman nor am I an advocate. I'm an independent environmental solid waste consultant who lives in the City of Naples. And I, after some research, have brought to the attention of at least one commissioner and Mr. Mudd that there is a company that can handle the core technology issue relative to your Page 160 June 26, 2001 largest component within the waste stream, and that's the mixed municipal solid waste. This particular company I've done some research on has existing a plant in Georgia which was permitted for 1700 tons a day of mixed municipal solid waste, and they're running roughly around 1200 to 1500 tons currently. There were a few statements made that I agree with pursuant to the Malcolm Pirnie staff, and there, of course, are a couple that I disagree with, uppermost the odor issue relative to municipal solid waste composting. Yes, the consultant from Malcolm Pirnie is correct. There have been numerous failures in that industry pursuant to that component. Generally these are all associated with dirty MRFs. I think someone explained what a dirty MRF was earlier. And, again, the consultant is correct, that the failures are generally attributed to bad management insofar as the main purpose of composting in dirty MRFs, at least up until recently, has been reduction of that organic fraction. As you compost, you lose volume. It's a simple fact. The less you have to put in a landfill as your residual from that process, the better off you are. So it has customarily been treated as a reduction method just to reduce volume. You'd lose significant CO2, water, and organic composition when you do compost, regardless of what you get as an end result. Unfortunately, that has been the approach pursuant to commercial operations. However, there have been other operations, which were not articulated by the Malcolm Pirnie consultant, whereby this process has been successful, again, to reiterate what the gentleman said, because the people in the management involved with the operation cared about their end product. They treated it as a revenue source, which if you look into the dynamics, the revenue dynamics, of a dirty MRF, all components are critical, which means all of your recyclables that you pull, there's value to that. That's a revenue Page 161 June 26, 2001 source. Whatever products, postconsumer products, you sell - particularly the organic fraction, which is your compost -- the better it is, the better it's accepted within the marketplace. You have to listen to your customers there, as you do -- whether you're recycling aluminum or resins, every company that uses those postconsumer products has a specification you must meet for contaminants and cleanliness and so on and so forth. This all comes under a properly managed material recovery facility. There was also something mentioned about some awful fungus that comes from composting solid waste. And, again, I'm talking about aerobic composting, which is a wind row method. Often it's aerated. Often it's static pile, depending on how the system is set up. It's called Aspergillus fumigatus. I know that's a very long word. There's one -- one researcher or doctor who's been running around the country telling everybody how bad this is, but he has not been very well substantiated empirically or scientifically as far as -- so, you know, you can find an expert to say just about anything. Typically it hasn't been a major issue. Mostly people use that as an excuse to close down compost sites because they're probably improperly managed, and you have an odor issue. Now, this isn't confined specifically to an aerobic system. In fact, if an aerobic system fails, that's when you get the odor because it turns anaerobic, too much moisture in the piles, high pH, and so forth, and then you get the odor issue. That comes from anaerobic bacteria, which means they don't need oxygen. They work in -- a good example is how sewage, activated sludge, and so forth is done. It's all done by bacteria. It's all anaerobic, no air. I'm talking about -- and this particular company I brought to the attention of the commission uses an aerobic system. I think very much that, in my research, this is a very viable Page 162 June 26, 2001 alternative to what was been discussed, and I would very much like an opportunity to have this company, as well as any others offering this type of technology, come and make a full presentation to the board, at which time or subsequent time, come and visit this very large facility in Georgia to touch and feel and see what it's all about. COMMISSIONER HENNING: Georgia? MR. OLSON: Yes, it is. COMMISSIONER HENNING: down? MR. OLSON: political upheavals. Is this in Crisp County, Is that the one that closed Yeah. That one closed down because of some It's currently being purchased and will reopen shortly. They're in the middle of financing the project. That's Crisp County, Georgia. CHAIRMAN CARTER: I understand the county, but give me a city or landmark. MR. OLSON: Cordele. CHAIRMAN CARTER: Okay. Thank you. MR. OLSON: Any other questions? COMMISSIONER HENNING: Thanks. CHAIRMAN CARTER: Thank you. MR. McNEES: Your next speaker-- CHAIRMAN CARTER: Next speaker, please. MR. McNEES: -- is Jan Krasowski followed by Gary Burris. MS. KRASOWSKI: Hello. Jan Krasowski for the record. As Dr. Carter suggested, I would suggest that maybe we hire another waste consultant to take a fresh look at this whole thing. I think the county could benefit from that because when you have things that go on like this (indicating), where we submit one thing and then they change it into something else, people don't trust them. Sorry, guys. I really think that that would be a good thing to do, is to get another Page 163 June 26, 2001 consultant in here to look at some of your final options. And I really appreciate the inclusion that you've given to the public on this. And a question that I have today is, like, why are the schematics that were shown by Malcolm Pirnie different from the ones that were in the executive summary? I mean, all of them. I think maybe there was one that was the same. All the rest were different. And then when I went and tried to get their rating system, that wasn't even in the executive summary. So how can people possibly understand what they're doing when it's not -- when it's not given to us? COMMISSIONER MAC'KIE: Why was this produced separately and at a different time? CHAIRMAN CARTER: And while that's being clarified, for the record, I did not recommend getting another consultant. I was talking about economic analysis. MS. KRASOWSKI: I just said as -- as you suggested. Well, that's for the economics? That's -- I agree with that. CHAIRMAN CARTER: An economist who has -- MS. KRASOWSKI: All right. CHAIRMAN CARTER: -- a nonbiased interest in anything may be utilized in evaluating certain of these processes. MR. MUDD: Commissioners, we were trying to make the 26 June deadline. In the process we did the executive summary because you got to be out two weeks ahead of time. We didn't get the final draft until Friday. As things changed I tried to provide you the information as fast as I was getting it. COMMISSIONER MAC'KIE: And just -- my -- I will make it my business that when I get this, it's automatically copied and sent to you guys. MS. KRASOWSKI: Thank you. COMMISSIONER MAC'KIE: Whatever I get on this topic will Page 164 June 26, 2001 be automatically sent. Or you could save me the trouble and do it yourself. CHAIRMAN CARTER: Well, that is public record. Any time we receive anything, everybody has -- COMMISSIONER MAC'KIE: But, see, people don't know. People don't know we got something new, and so we have to be aggressive in our attempts to communicate. MS. KRASOWSKI: Like, is this put on the -- is all this put on the Internet for us to access or -- no? Okay. Just looking at my notes here to see if there's anything else I should-- would like to say. I don't think so. Thank you. CHAIRMAN CARTER: Thank you. I appreciate all your work on this -- on this project. MR. McNEES: Mr. Burris is followed by Nancy Gross. MR. BURRIS: Hi. I'm Gary Burris with the Green Model Project. I was a little surprised when I got the first scenarios and saw that all of the companies that we had brought together were pretty much left out. Then I'm informed that a pilot project for biodiesel is being proposed, where you just use it for a couple of years. For me, that's not very acceptable because we know it works. We know the grease is there. We've done years of studies, have been to hundreds of restaurants. Just with the one organization that was here at our meeting -- your meeting, the workshop, we can get 350,000 gallons already committed to the project, and they're adding ten accounts per week. We have almost 200 accounts, restaurants, signed up in our cooperative already, well over a million gallons. So there's no need to do any other study. What we'd like to do is start cleaning up the environment, get this grease out of the system and turn it into fuel. There's some confusion about grease trap waste. Grease trap waste is very expensive to turn into biodiesel. But if you clean it up, a very Page 165 June 26, 2001 inexpensive process with heat, it can become the boiler fuel that can produce more energy, more heat, and more kilowatts of electricity. So those are part of what the biodiesel project with Detroit Edison is about. We received an invitation to bring all the companies before Malcolm Pirnie last week, a week ago Monday, for an interview. And the companies that I'm working with here as an activist have declined that interview. What we're going to do is to make a full proposal to the nickel to let you know exactly what we're going to do. We do invite you to come to the facilities in Canada and the one in Vermont. The Vermont facility is a wood waste facility, but it is also a total municipal waste gasification facility. It can take plastics. It can take a full municipal waste stream, so it's not just a wood waste. What we have done is try to combine these technologies that did, in fact, overlap. But what the Canadian system can't do, the FERCO system can take. In the same building, under the same roof, using the same energy generated, we can, just with these systems alone, create enough energy for about 40,000 homes in your community. And that's pretty much permanent. As long as there's waste, there's food, there's material, there's trees growing, you have an option, long term, for energy. With the biodiesel part of what we're trying to do, that's more than enough biodiesel to fuel all your vehicles, all your generators, city and county. That's bringing you into compliance with a whole array of environmental EPAC regulations, helps clean up the air, number one, is the main reason that I'm here, that we're trying to develop a program, a cooperative of as many companies as I could find whose technologies will ultimately solve a county or a city's problem with waste management, with fuel, with alternative legislation, with basically obeying the law and doing what has to be done to clean up the environment. Page 166 June 26, 2001 And I don't know who said it a long time ago, but true change takes place at the municipal level. It's your job to make the changes that really change the country that will change the world. It's not going to happen the other way when you get a new administration in who all of a sudden throws out agreements on global warming, on methane reduction because of politics involved. But you guys know what's happening out here. You're -- you're learning an awful lot about methane and global melt -- meltdown and polar problems, just as sort of a sideline in us making our repeated presentations, that this is a much bigger issue. But the energy security side of what we're offering -- and, again, that is at no cost to the county. I keep hearing millions of dollars in investment for projects. I think that the same offer that you're asking the company in -- in Australia to do, to build it and prove it, well, our people are ready to build it with proven technology. All you have to do is say here's the waste; here's the contract. Just with the FERCO process for less than $10 a ton, they'll take 125,000 tons of your organic waste, your trees, your-- all of the -- that type of biomass at $10 a ton, $9 a ton. Heck, if the energy rates go up, nothing per ton, without any cost to you whatsoever. The Canadian system at 35 a ton, that's not factoring in the energy that they'll share back some profit to the county, with the county officials, with the citizens, for using that process. And I'm getting misinformation that they can't deal with municipal waste stream. That's incorrect from everything I've seen. The -- the man that -- Mr. Fowler who came and made the presentation two or three weeks ago, I think he showed you pictures and evidence. The same -- and the reason the system works with municipal waste is the same waste stream that's all over the United States, the same companies, the same packages. Same thing in Canada, here, California, there's no difference. Page 167 June 26, 2001 That waste stream can be dealt with, the Canadian system. The trucks come in, they come off the curb, they dump it, it's processed, and there you are. You have a clean system, no odor. And I have talked to 11 of the operations in Europe and Canada, and there's now 80 being built this year alone in Japan. There will be 800 of these CCI processes built in the next ten years because the Japanese are pretty -- pretty savvy, found out that it was the best process out there for dealing with waste and energy. So what we are going to do, exclusive of an RFP, we would like to -- in accordance to your -- COMMISSIONER HENNING: Can we move on, Mr. Chairman? CHAIRMAN CARTER: Yes. Sir, I'm going to say it one more time, and I don't want anybody to be offended. But when I look at things, I need a pro forma, and I want it reviewed by our team internally and externally and perhaps a group like Bob Krasowski's group, and I want that input. And anybody that's going to say -- I don't care where they built them -- we're not going to respond to an RFP, we're not going to do this, you diminish your opportunity in front of this commissioner. Please follow the system. MR. BURRIS: May I-- CHAIRMAN CARTER: You will not be eliminated, sir, but you can put yourself in jeopardy if you don't go through the system. MR. BURRIS: Can I quote this right here? It says the county has the right to negotiate with respondents, including those not responding to the RE-- FEI. CHAIRMAN CARTER: Well, that still says you need to take it to staff, sir, so I would appreciate it if you would do that and work with them and the groups. And that's my opinion as one commissioner, sir, but I do have to move on. I thank you for your time. COMMISSIONER MAC'KIE: Can I ask a question? Page 168 June 26, 2001 CHAIRMAN CARTER: Yes. COMMISSIONER MAC'KIE: Have you met with Mr. Mudd about the proposal that you put together? MR. BURRIS: Several times. And we intend to make this proposal and give it to Mr. Mudd. We're not just going to lay it on your desk. COMMISSIONER MAC'KIE: Of course. MR. BURRIS: But we would like to clarify all these shady areas that you can't -- no one seems to be able to get the total truth what this system will do or that system will do. COMMISSIONER MAC'KIE: I'd appreciate that so much because I continue -- you know, and as simple -- as I said to Bob in our meeting, as simple as you can make it, you know, to tell me in a spreadsheet, this'll do that and this won't do that, that would be helpful. But at the same time, I'm very interested in your proposal. I wish that you would submit it to Mr. Mudd in a format -- you know, I appreciated Bob getting his daughter involved with the computer so that they could make all the little triangles and shapes. You know, you got to make it fit in the program. And if you could do something similar to that so that we could get your proposal analyzed and put on the scale of plus 2, minus 2, it would be very helpful because you -- you're telling us things that are very important and useful because, like you said, as opposed to the pellets -- you know, whatever that system is, Brightstar, these are things that there's more than one and it's been up more than four months. And I'm very interested in those if I'm going to do something creative. So I hope that you will, you know, get with Bob, get his daughter to help you on the computer, to put together the diamonds and shapes to make it into something that -- MR. BURRIS: I've put together a number of flowcharts in the last three years with the county and city. And I'm very glad that Bob Page 169 June 26, 2001 did this because we spoke about it when he was plugging all these elements in this. COMMISSIONER MAC'KIE: You've been here, done that. You know how to get in this system and do it, so do it because we need you in the system. MR. BURRIS: Well, that's what we're going to do. We would like to submit a full proposal down to the nickel, flowcharts, everything, here's what we'd like to do. COMMISSIONER MAC'KIE: Sooner better than later. CHAIRMAN CARTER: That's what I'm asking for, sir. Thank you very much. Do we have any other speakers, Mr. -- MR. McNEES: Two more speakers. Nancy Gross, and your last speaker will be John Mansika. MS. GROSS: Hi. I'm Nancy Gross. I live in Naples, and it's the first time I've been before this commission. COMMISSIONER MAC'KIE: Welcome. MS. GROSS: Thank you. Many of my comments have been answered, but maybe I should reiterate some of them. The Brightstar I don't feel is a core technology. I don't know why we would even spend any time or money. Four months in operation? That's -- that's not -- I -- I have to criticize Malcolm Pirnie for that. They shouldn't have been in there. As far as an incinerator, we all know the cost on an incinerator. And if you'd ever consider something like that, it should go on the referendum in the fall so the people have a right to vote on spending 200 million, in 20 years, 400 million. We have a right to vote on something like that. The hauling, the trucking, as -- as a backup may be a viable -- I think Collier County should take care of their own trash and manage it however we can in the best way. And there's been a lot of talk about compost and the smell and the Page 170 June 26, 2001 odor. I don't know whether you've ever smelled potting soil or cypress mulch. It has kind of an earthy odor, smell. Well, a good green compost is the same way, and that's what we're talking about here. We're not talking about a smelly, stinky MSW compost. You don't want that. There's no market for it. So you want a good green compost so these farmers will take it. I mean, you won't be able to make enough because they love it. They love it. We have farmers out here galore, and it would be one of the most best marketing products. I think the big difference here in this Malcolm Pirnie thing is they forgot completely the waste reduction program. And, yes, this is complicated and will take a lot of effort on your part and the public and the industry. But, boy, this is one of the biggest things in -- in Zero Waste. And let me see what else I need to cross off here. I do agree with Mr. Mudd. When we talked with him, he had stated to you at the beginning that we're doing everything backwards here as far as picking up trash. We need to pick up recyclables twice a week, garbage once a week, horticulture once a week. That's the wave of the future. And let us in Collier County be in the 21 st century and get on board here. I would just love to see us really shine in this solid waste issue. I think we can do it. Zero Waste in Collier County is here for the long run. We're going to be right here no matter what you choose. And I'm hoping that you'll choose a combination of our suggestions and Mr. Burris's. Thank you. CHAIRMAN CARTER: Thank you. Next speaker, please. MR. McNEES: Mr. Mansika is your final speaker. MR. MANSIKA: Good afternoon. My name is John Mansika. I'm new to this commission, but I'm not new to this room. In 1985 I stood here when the announcement was made that the incinerator was Page 171 June 26, 2001 not going to fly, standing room only, two television crews, reporters running out to the phones. Cell phones weren't around at that point. And it was a big deal. And all the promises to implement recycling and get serious seem to have disappeared. In fact, your predecessors -- I won't embarrass her, but one commissioner sat there and said recycling was a waste of time. It isn't a waste of time. We've come to know that, and it's becoming state of the art all over the country. What she just said about the movement to -- to be serious about reducing the waste stream, it's upon us. It's upon you. You're the government. You're the guys that set the stage for it. The recycling program is in your hands. It's up to the government to do something. Australia's been mentioned. You know, Coca-Cola produces 20 million bottles a day but recycles 2.5 percent. But in Australia they've been mandated by law to recycle 25 percent. That's the government stepping in and taking action. That's the kind of action we need to do in this community, is get the recycling program to be serious. And I applaud what you've done so far. I -- I hope you continue to use the resources available to you from us. For example, Mr. Krasowski has cost you nothing. I think consultants have cost us nearly 400,000. I think we should take the free advice and run with it. And I hope you continue to do so. Thanks. CHAIRMAN CARTER: Thank you, sir. COMMISSIONER MAC'KIE: Who was -- that was our last speaker? CHAIRMAN CARTER: Yes. CHAIRMAN CARTER: Any comments, sir? MR. SCHWARZ: Couple of quick comments. COMMISSIONER MAC'KIE: What you're looking from -- for from us today, Mr. Mudd, is some direction, if there are any items we might want to eliminate or -- Page 172 June 26, 2001 MR. MUDD: Yes, sir-- yes, ma'am. COMMISSIONER COLETTA: I need page 2, Pam. COMMISSIONER MAC'KIE: Pardon me? COMMISSIONER COLETTA: I need page 2. MR. SCHWARZ: Just a couple of comments. We may disagree less than people think. We didn't -- we couldn't agree more about waste reduction. It just isn't part of our scope, but it's a great idea, and you should do it. COMMISSIONER MAC'KIE: Wait, wait, wait. Say that again. MR. SCHWARZ: Well, a couple of speakers mentioned that we left out waste reduction as kind of a predicate for anything else, and I agree it's a great idea. And-- and I understand the county has programs in that area, and we're not involved, but -- but we endorse it. It just wasn't part of our scope in this analysis, so we didn't mention it. COMMISSIONER MAC'KIE: I would hope that that would always be a part of the scope when we're looking at what are the solutions to our garbage problems. CHAIRMAN CARTER: We're heading that direction. COMMISSIONER COLETTA: That should be the first of the whole scenario. It's already taking place, but we have to capitalize on that even more in the future. MR. SCHWARZ: Also, I want to make sure something is clear. One speaker today and a number of speakers at the workshop two weeks ago said something like, you know, you the county are considering alternatives that might cost a hundred million, two hundred million dollars, and we're not asking you to spend anything. All we want you to do is commit the waste, but you understand that that's exactly the same thing. Once you commit your waste, you're paying a debt service through the tip fee. When I talked about -- and that's -- then that becomes a financing Page 173 June 26, 2001 question. How -- would you like to buy the facility and pay a lower interest rate? Because your interest rate will be much lower than any of these proposals. But then you own it and take the risks associated with ownership. Or would you like to finance it through the tip fee and avoid the ownership risk but, in fact, pay a higher financing cost? When I talked about the Brightstar thing -- and that -- I think that approach is not only for Brightstar, but for any of these relatively unproven technologies that you might want to try -- I was really talking about something different. I was really saying that you would not commit 20 years of waste, because once you've done that, you've bought it. You would only say if and when you're ready to pass an acceptance test, then we'll make a commitment. In the interim you have nothing more than 20 acres, and we'll send you waste when you ask for it just for testing purposes, but no commitment to use it. So that's a -- that's a position that puts the county at significantly less risk with some of these admittedly unproven technologies. Okay. Just to wrap up then, based on our analysis, where do we stand on recommendations? Well, again, recycling is the core. As we mentioned, the system -- the programs you have in place plus some additional programs will get you over 50 percent, I'm very sure. So, again, we don't disagree with anybody about that. The ongoing horticultural composting program is really starting to bear fruit, if I may say so. And, you know, that should-- that should go ahead and could be improved, as Mr. Mudd said. On biodiesel -- on biodiesel you understand that there is an existing commercial private sector infrastructure that already collects biodiesel and deals with it and, as far as I know, deals with it satisfactorily. As far as I know, the restaurants and so on in Collier County are not coming forward and saying we have a big problem; you need to do something for us. So we don't see why the county would want to get into a business and displace an existing private Page 174 June 26, 2001 sector infrastructure that's working. Biodiesel is a nice idea, and I think you can encourage it if you want to. And the way to encourage it is on the market side. If you get a pilot program and if your fleet people satisfied themselves that the buses and minivans and so on that -- and that you run could satisfactorily be modified to use this fuel, then you could ultimately change your specs, change your specifications, when you (sic) bid on contracts that supply you with fuel to make this an acceptable alternative or even to favor it. You could give it a 5-cent-a-gallon premium to encourage it. By encouraging this you'd be encouraging this to happen in the private sector, and it's a good idea and sound economically, and you don't need to get into the business of actually building a facility yourself. So we don't see the need to build that facility. Landfill gas utilization is another good idea that we should move ahead with -- utilization for power I mean, but we need to move cautiously. There is the -- when you optimize for odor control, it's not the same as optimizing for energy production. In the case of odor control, basically we want to pull a vacuum -- we want to pull the negative pressure everywhere on that landfill so that every leak is leaking in, but that way we're going to get air coming in. Well, that's okay. We don't mind that because we're interested in odor control. If we're interested in optimizing energy production, then air coming in is a problem because it dilutes the air, it dilutes the gas, and leads to a lower BTU content. So an operator who is making his money off energy might say let's crank this blower down. We'll spend less money on power. We'll make more kilowatts, but now we have an odor problem. So -- and there's another -- there's another issue, too, related to that which is a legal liability issue. Right now we have a pretty clear liability; right? I mean, it's Waste Management's problem. And Page 175 June 26, 2001 we've got a new contract with -- with hammers in it, and if it's not working, we can default them and ultimately fire them. It's pretty clear. They've got nobody else to blame. If we bring another operator in at this time and they take over the gas system, now we're going to have finger pointing. We're going to have one operator saying it was broke when I got it and the other guy saying, hey, you hired him. It's not my fault anymore. So, again, I think we can do this, and we can get to it. I just wouldn't do it right now. I'd make sure that the odor thing is completely solved and that we're completely satisfied with that part of it. And I would move cautiously on this to not upset that apple cart once -- once we get it working right. On a clean MRF, a clean materials recycling facility, I think we should give serious thought to that but, again, not right now, because you've just extended Waste Management's contract. They're handling that right now. The way they do that is curbside sort by hand. COMMISSIONER MAC'KIE: But everything we're talking about is long term. We've already done our short and midterm solutions. Now we're talking about our long-term solutions. MR. SCHWARZ: Correct. COMMISSIONER MAC'KIE: So nothing's right now. MR. SCHWARZ: Well, some things are. I would say -- on C & COMMISSIONER MAC'KIE: Oh, sure. MR. SCHWARZ: -- I would say why not go ahead. We could do that right now, and that could be 20, 25 percent of the waste stream, knock it off, save a lot of money, landfill lasts longer. COMMISSIONER MAC'KIE: You're right. CHAIRMAN CARTER: Let me just talk a minute about the clean MRF versus the dirty MRF. Can you help me with that? I know we want to recycle at curbside, but what if we could gain more Page 176 June 26,2001 by picking it all up and running it through a dirty MRF, separating it out here? What are the pros and cons to that approach where then I know we capture a higher degree of recyclables? MR. SCHWARZ: Actually, the facility that we designed that we think is most successful -- and if you're interested and you might want to visit it -- is Tompkins County, New York, Cornell, and that's a combined clean-dirty MRF. Our belief is that on the dirty MRF side where you're sorting, you really need to keep it simple, you know the old engineering acronym KISS. To try to sort household waste which is badly mixed is really very difficult and not rewarding. But to try to sort commercial waste which -- I mean, you may get a load in and just look at it and say, oh, this is 25 percent cardboard. And cardboard is very saleable, and you can just pick it out. You can take it off with a-- with a Bobcat. So what we do -- what we would suggest you look at is a facility with a number of doors, and different things go in different doors. And one thing that goes in is regular old, you know, blue box household recyclables. It's all recyclables now, newsprint, cans, bottles, plastic. And that gets sorted and shipped off site. What goes in through another door might be waste that you have no hope of sorting any further. You're not interested in doing that, and that's going to get transferred to a landfill or to something else. And the third door is waste that we have reason to believe could benefit from some sorting, not fancy sorting but some sorting. We find you can get 15, 20 percent reduction without a lot of effort and a lot of mechanization, and then the rest then goes to the landfill or whatever the disposal point is. So I think that's a combination that we found to be cost-effective and can, you know, get you some significant reductions. CHAIRMAN CARTER: Thank you. MR. SCHWARZ: What about the scenarios we've been Page 177 June 26, 2001 analyzing? Remember the three that we scored the best were the out- of-county alternatives and, if you're interested in -- in a somewhat speculative possibility with a hope of return, the Brightstar gasification system. But one element here, I note that your staff and others have been meeting with Glades County, and there's some interest in a joint project. You know, my suggestion is that needs to move forward, firm up the commitments, firm up the cost. I also suggest very strongly that, again if you're interested in the gasification technology, we need to put together a team, staff, consultants and I urge, again, commissioner representation. Go take a look at it. A TV is no good. You can't smell on TV. You can't ask residents nearby, how do you like having this here? You can't ask the local regulatory officials, what do you think of this? You can't ask the city that depends on it, would you do this again? Do you think it's working? There's lots of stuff that you have to get firsthand. We've heard some other interesting ideas too. We've heard about Halifax. We've heard about the CCI facility in Canada. You know, it's time and money, but if you're interested, again, rather than just getting it secondhand, I say let's go take a look. Let's see the reality of it. I think you may be surprised how different the reality is than what you hear in this room. Ultimately, and not in the very distant future, our thought was to make all of this real and that would mean to prepare an RFP that -- and we propose an RFP that would look at haul, truck or rail -- I see no reason not to bid those out and see which is cheaper -- and if a trip to Australia were satisfactory and we were -- we were impressed, we could include that. And we could easily include another alternative like a CCI alternative, again, if we went to Canada and came back and said, you know, that looks pretty good, let's take a chance. Then there's a last point here I want to mention. It sounds a little strange coming at the end. A solid waste master plan is usually the Page 178 June 26, 2001 starting point of these efforts, not the end. But our feeling is there's still loose ends here. I mean, if you -- if you think about all these complicated schematics, they're still fairly conceptual. Even if we made a decision -- for example rail haul, to take an example -- all of these arrows need to get filled in. I mean, it's all very well to say clean MRF, dirty MRF. Is that a hundred-ton-a-day facility or a three-hundred-ton-a-day facility? Where are we siting it? Who owns it? Are we -- what are we actually doing with biodiesel? These things have to finally get written down on paper so that there'll be a blueprint, you know, for what the county does in the years ahead. And one element I think is important or the importance varies, and that's waste composition. You do not have an up-do-date waste composition study here in the county, and depending on the alternative you choose, that could be interesting or it could be critical. Here's why I say that. If you just do a landfill in far away places, then even though the state wants you to do waste composition, I'm not sure it's critical. I mean, who cares? I mean, it has an interest in recycling planning, but I wouldn't consider it a critical element. But if you do something innovative like a Brightstar or a CCI, then I think waste composition becomes very important because -- and I have been through this -- if it doesn't work, I guarantee you they will blame your garbage. That's what everybody in this business does when something doesn't work. They say, oh, my system is fine; it's your garbage that's strange. You laugh, but I'll show you the litigation. COMMISSIONER MAC'KIE: I'm not surprised. MR. SCHWARZ: And when you don't have any data on it and all you have is a general feeling that, hey, my garbage is the same as every other county, which is true more or less, you're at a disadvantage. So we need a baseline for this if we're going to do Page 179 June 26, 2001 something like a Brightstar, and to do that, we need a composition study. COMMISSIONER HENNING: Well, I would -- Mr. Chairman, I'd like to, myself, throw out waste-to-energy incineration because of the cost. COMMISSIONER MAC'KIE: Me too. COMMISSIONER HENNING: And I am very concerned about composting because of the odor problems. COMMISSIONER MAC'KIE: I've got a -- COMMISSIONER HENNING: I guess I'm jumping a little built ahead because I -- CHAIRMAN CARTER: Well, I think we got to take a look again at what do we want to put down at the bottom of the list. And as you know, when I started this whole process, I was probably an advocate of waste to energy, only looking for an effective, efficient way to do this. In the process and through it, through a lot of help from a lot of community people and experts from all walks of life, I now have put that way down at the bottom of my list and say there's other alternatives that I think will work better. So I am -- I am particularly interested in this gasification process and would really like to do a thorough analysis and really get an understanding of what this is all about. MR. MUDD: Let me -- Jim Mudd -- CHAIRMAN CARTER: But I'm-- MR. MUDD: -- public utilities administrator back again. I'd like to go through those things that you can agree to, okay, and those things that you choose to disagree, pick and choose as we go. But we'll do this by bullet, if we could. Okay? CHAIRMAN CARTER: Okay. MR. MUDD: The first thing that the staff recommends is we'd like to go out for a RFP as soon as possible to get the C & D recovery Page 180 June 26, 2001 and recycling rate up to speed. COMMISSIONER MAC'KIE: Move approval. COMMISSIONER HENNING: Second. CHAIRMAN CARTER: I see no problem with that. COMMISSIONER MAC'KIE: Should we vote on it? CHAIRMAN CARTER: Well, I don't think we have to vote on it. We can give him-- MR. MUDD: We can -- CHAIRMAN CARTER: We'll put them down as a list. We agree. MR. MUDD: So far so good. Authorize staff to initiate and solicit a request for proposal to establish processing of electronics processing and recycling. COMMISSIONER MAC'KIE: Yes. MR. MUDD: We've got the collection. I've got to find the right place to take it to make sure that they recycle it correctly, and we've got to think about the cost. COMMISSIONER MAC'KIE: You got it. CHAIRMAN CARTER: Okay. I got four nods up here. MR. MUDD: The next thing, authorize the staff to retain Dr. Monica Ozores-Hampton as the expert in the field of biocycle to increase biomass recycling and compost, including yard waste and other compatible waste, for reuse. COMMISSIONER MAC'KIE: Yes. COMMISSIONER COLETTA: Well, let's discuss that. MR. MUDD: We will -- we will have to negotiate as far as a dollar figure is concerned, but I'd like to have authority to go out there and negotiate to see if we could put her on some kind of a retainer. COMMISSIONER MAC'KIE: She knows -- COMMISSIONER COLETTA: Even though we know that the Page 181 June 26, 2001 composting is an odor problem in many areas and they shut down, you still think you want to -- COMMISSIONER HENNING: This is yard waste. COMMISSIONER MAC'KIE: This is yard waste. CHAIRMAN CARTER: This is yard waste, Commissioner. This is different -- MR. MUDD: This is the 70,000 tons that are out in Immokalee with the sludge that she's working right now and -- CHAIRMAN CARTER: This is, as I understand it, sludge and yard waste versus getting into the other-- MR. MUDD: Yes, sir. And in the future if we get-- if we get groceries from Publix or whatever where they don't like the head of lettuce or whatever and we can -- able to get that, we'd add that to that biorecycle process, and she could make that happen out there in the wind rows of the 141 acres. COMMISSIONER MAC'KIE: Because what she's doing is what they told us, and that is start with the end in mind. Begin with what the customer wants to purchase and -- MR. MUDD: Also knows where all the markets are in Florida, so that helps an awful lot in this particular-- COMMISSIONER MAC'KIE: I'm a yes. CHAIRMAN CARTER: I'm a yes. COMMISSIONER COLETTA: Yep. COMMISSIONER HENNING: Ditto. MR. MUDD: We're going to go out with the staff to outreach the agricultural community with her help to assist in marketing and technical assistance as we run through that process. Pretty much a no-brainer, as far as the staff is concerned. We don't really need a -- COMMISSIONER MAC'KIE: Sure. MR. MUDD: Review the long-term scenarios presented by Malcolm Pirnie, and I put those on the next thing. Continue the Page 182 June 26, 2001 existing mulching and composting program. COMMISSIONER MAC'KIE: Yes. MR. MUDD: Implement a pilot-scale biodiesel program for a portion of the county's fleet. COMMISSIONER MAC'KIE: Yes. MR. MUDD: What that -- and that's basically getting the county's fleet on biodiesel. City of Naples -- and so that we develop a market, okay, so that when we bring that facility down as a test basis that Mr. Burris brings down or we go out and competitively bid for RFP, then the market's established and we bring the thing on, we can -- we can have a success instead of a facility that doesn't have a market. COMMISSIONER MAC'KIE: I heard that the exhaust fumes smell like French fries. MR. MUDD: Yes, ma'am. COMMISSIONER COLETTA: Well, that's a plus, Pam. COMMISSIONER HENNING: What vehicles are we talking about? MR. MUDD: We're talking county fleet. We'll do some test cases with our fleet, a couple of buses, a couple of trucks and vans. I've got to talk to our fleet folks. Just like the City of Naples used biodiesel on their fleet and they seem to like the process, we'd like to take a look at that process, too, in the county. COMMISSIONER HENNING: And how would this -- would this jeopardize the original manufacturer's warranty? MR. MUDD: I'd have to talk to fleet management on that one. Some they might, but there might be some vehicles that we can retrofit that aren't under a warranty anymore. COMMISSIONER MAC'KIE: And there's a gentleman in the back of the room that -- not for us, but just to talk to him about it. MR. MUDD: We'll get to that point. Page 183 June 26, 2001 COMMISSIONER HENNING: He wants us to do all the -- MR. MUDD: So we got to check it, but I'd like to be able to do that pilot program with biodiesel. COMMISSIONER MAC'KIE: COMMISSIONER HENNING: COMMISSIONER MAC'KIE: Is there any question about that? That's only my concern. You got yeses. MR. MUDD: We'd like to prepare an RFP for landfill gas utilization with some very strong language in there about odor control. COMMISSIONER MAC'KIE: I'm worried about that one. COMMISSIONER HENNING: Me too. MR. MUDD: But when you go out for bid, you can see what you get. But we're going to let -- there's going to be some very specific language in the bid in that -- in that process. And there might be some things about, okay, come on down and show us. COMMISSIONER HENNING: And in the meantime, if we do get somebody on-line, if the finger pointing is starting and we go to court, who ends up suffering is the people who have been suffering with that for a long time. So, myself, I cannot agree with that. COMMISSIONER MAC'KIE: I'm not too sure about that one either because of the -- CHAIRMAN CARTER: An RFP for landfill gas utilization. COMMISSIONER COLETTA: In other words, what we're doing is studying what we're going to do with the gas in the future? COMMISSIONER HENNING: At the Naples Landfill, yes. COMMISSIONER MAC'KIE: What did you -- what would that RFP-- COMMISSIONER COLETTA: What we have now is inadequate. We know that. MR. MUDD: The RFP -- the RFP would have some very strong language in it about here's the kind of gas we have and the Page 184 June 26, 2001 composition and the air that's in the process. Okay. And, oh, by the way, we're not going to do anything here until -- until we've got the odor control issue squared away, and that -- and that's exactly what the Malcolm Pirnie, the consultant, recommended in that process. So we're well through August and into September before we even think about the RFP. CHAIRMAN CARTER: Commissioner Mac'Kie. COMMISSIONER MAC'KIE: Maybe I didn't understand what this is. Is this, as opposed to flaring the gas, the opportunity for selling the gas or making energy from the gas? What -- MR. MUDD: Yes, ma'am. COMMISSIONER MAC'KIE: And-- and our consultant just told us that that works at cross-purposes with the -- like you've gotten us to do so well, to suck the gas down. And it seems to me that a policy choice has to be made by the board that either we're reducing smell, or we're trying to make money off the gas. I want to eliminate the smell. MR. MUDD: Unless there's an RF -- you're right. And I want to -- smell is number one. Okay? CHAIRMAN CARTER: Right. MR. MUDD: Energy is number two. Okay? And so it'll never be -- it'll never be vice versa as far as this county is concerned or the folks that work for me. I understand that. I live in East Naples, and I can smell the landfill when it goes -- COMMISSIONER COLETTA: Think about it, though. If it's all of a sudden got a value, they're going to try to draw every bit of gas out to make the money from the energy part of it. MR. MUDD: If you make -- you make it straight up with them when you do the bid and the proposal -- request for proposal, you make sure that they understand the fact that, hey, it's not going to be the sacrificial lamb that the odor issue is not placed first, that they Page 185 June 26, 2001 can't flip that priority. CHAIRMAN CARTER: Well, I would like to look at it and reserve judgment. MR. MUDD: Yes, sir. That's fine. We can come back to you after we've done some more research in that process. We can come back to you in the September time frame. COMMISSIONER MAC'KIE: How about that? MR. MUDD: At that time we could have -- we'll have -- if we don't have a permit, we've got a closed landfill, so we're not worrying about gas anymore anyway. COMMISSIONER MAC'KIE: That would be good, just to get information about whether or not the two could work together. MR. MUDD: The clean MRF 2003, I don't think we need to make that decision right now. It's on that sheet. Prepare an RFP for commercial recycling of C & D waste, and you already -- you already voted on -- not voted, but you all nodded in the same direction on that one. We verify Glades County commitment, develop Collier/Glades landfill. I just received the CDM report on the short and long. They did an estimate of the cost in that process. We -- and I have another bullet later, that right now there's a tentative joint county -- Glades/Collier County meeting set for four o'clock in the evening in Glades County in-- CHAIRMAN CARTER: August -- I mean, July 30th, I believe. MR. MUDD: July 30th -- I'm sorry, sir -- in Moore Haven. Get the towns right. And during that afternoon excursion, if it would serve the county commissioners' purpose, we'll head out and go by the -- the yard waste recycling out in Immokalee on our way out, because it's right out there, so that you can get to see the test site and the 143 acres in full bloom. CHAIRMAN CARTER: And if a member of the press corps Page 186 June 26, 2001 would like to join us on that trip, they would be more than welcome. COMMISSIONER MAC'KIE: I'm sure the county attorney will advertise it appropriately so we can all go. Put us on a bus, advertise it, make it a big enough bus so that everybody who wants to join us from the public can go, and we'll just go. A traveling public meeting. MR. MUDD: The -- and if you want to think about this one, you can, but we've got -- if we're going to think about the gasification issue, I've got to be able to talk to the environmental groups in Australia, or one of my representatives or county commission. What you get fed as far as here's the vendor, here's what we do, here's what's going on, it's a great program. And then you go there, and the neighbors are mad because of the odor or noise. They use gas turbine engines, so there might be a noise issue that we've got to talk about. You've got to talk to the environmental regulatory folks in Australia to make sure that they're within specs and they're not under some pilot program that's exempt from regulation. Okay? You've got to make sure you know all of those things before we invest heavily in that process and -- CHAIRMAN CARTER: Well, I really would like you to do that preliminary, what I would call, research analysis, begin to answer all those questions. And everything that you've said I couldn't agree with more, but I don't want to kick that one out yet. I really want to take a hard look at that. COMMISSIONER HENNING: And I concur on that one. COMMISSIONER MAC'KIE: I concur. But speaking of things we're not kicking out, is there another slide coming up about the Zero Waste and the other possibilities? Because -- MR. MUDD: Sure. And we're going to talk about trail -- truck haul, rail haul, gasification, compost. We'll send those RFPs out and ask people to come back with their bids on what it would cost to get serious in this process. And we really got to get that if-- right now Page 187 June 26, 2001 we're talking about serious long-term Collier County waste stream. It's time to go out and have those people submit a bid and-- and make sure that-- CHAIRMAN CARTER: There are a couple of Canadian operations, I understand, that you wanted to take a look at. MR. MUDD: The CCI I want to take a look at because the facility and new market is basically coming out with a dry pulp, but they don't compost it. They send it out to scout -- Scott Fertilizer at a separate facility so they don't have to deal with the odor issue, per se, based on the plant. They do have a pilot plant in Toronto that's handling about 85 tons per day of compost. We got to take a look at that. It's a pilot plant, and we got to take a look at that process to see if what was said to us is, indeed, correct. The -- there's some things about -- about municipal solid waste composting you've got to be fearful of, that Crisp County issue, where you got to be careful about your waste stream and what's promised. And -- and Steve -- I didn't know Steve Schwarz was going to tell you, you've got to be careful because they're going to blame your waste. If you read -- and Mr. Olson was good enough to give us an executive summary of that Crisp County predicament, okay, where it basically describes it going belly up. But one of the things, when you talk about the reason for it going belly up, is the garbage. Okay. Their original analysis had commercial-- all commercial trash. And-- and the organic waste coming to the facility, that didn't become a reality. And what it basically did is it made the plant go defunct. They basically lost about 70 million, and it's going to cost another 20 million to get the plant up and operational again. And that's a composting thing in Georgia. So you've got to be careful about how you do that. And Bob Krasowski said something very enlightening, brilliant. One time he says maintain your flexibility. And I got to tell you that Page 188 June 26, 2001 that's critical, and I think a little bit of the State of Missouri in every one of the commissioners, show me, will go a long way to make sure that we get the right things in that process. And then the solid waste master plan, I can't agree more with what they basically said. We've got to tie -- we've got to tie it back together. We've had different pieces. They need to bring it all in together. And if there's -- if there's pieces that are dangling out there, they need to grab it and bring it back in that -- COMMISSIONER COLETTA: I think we're going towards that direction right now. CHAIRMAN CARTER: Well, I -- I concur with that. I think-- Commissioner Mac'Kie, did you have something to say before we move -- COMMISSIONER MAC'KIE: Just a question on that slide before, if you can go back. MR. MUDD: Yes, ma'am. COMMISSIONER MAC'KIE: That on the RFPs -- because I think what we're all nodding up here is giving staff direction to prepare and evaluate an RFP for those three, yes, but also for the other two we heard about in the room today. MR. MUDD: Composting. The one thing that came off the net today was waste to energy. COMMISSIONER MAC'KIE: It's definitely out. The composting overall was out, but we heard a Zero Waste proposal that I want to be included in the RFP. And I am sorry. I have a mental block on this gentleman's name in the back of the room. MR. MUDD: Mr. Burris. COMMISSIONER MAC'KIE: RFP process. MR. MUDD: Yes, ma'am. COMMISSIONER MAC'KIE: That his proposal also be in that I mean, does the majority of the Page 189 June 26, 2001 board agree with that? I want to -- CHAIRMAN CARTER: Fine. COMMISSIONER HENNING: COMMISSIONER COLETTA: COMMISSIONER MAC'KIE: COMMISSIONER COLETTA: CHAIRMAN CARTER: We can take a look at it. COMMISSIONER MAC'KIE: Good. MR. MUDD: Commissioner Henning? COMMISSIONER HENNING: Thank you. I agree. Can't be any harm in it. I'm sorry. There can't be any harm in it. I'm not -- I don't agree on anything that -- to do with solid waste composting. The yard waste is fine, but I do not want us to get into a scenario where we're jeopardized -- we're in the same situation that-- COMMISSIONER MAC'KIE: I agree. COMMISSIONER HENNING: And part of that is composting. COMMISSIONER MAC'KIE: I would take composting off the list and -- I would take waste to energy and com -- I would eliminate 2 and 3 of the six proposals that we have here today and urge you to go forward with the three that you have here with an RFP and also the -- MR. KRASOWSKI: Commissioner, we have to make a -- excuse me. If I may, Bob Krasowski. We should make a fine distinction between the MSW composting-- COMMISSIONER MAC'KIE: That's what I mean. MR. KRASOWSKI: And then the Zero Waste, what we asked to look into further, the organic food waste being blended with the -- which was up here earlier that you already approved. COMMISSIONER MAC'KIE: And that's what Mr. Mudd said. MR. KRASOWSKI: So we're not doing away with composting altogether. We're just looking into certain specific types of composting to come back in front of you for -- Page 190 June 26, 2001 COMMISSIONER HENNING: Yard waste and vegetable waste and-- (Several speakers at once.) MR. KRASOWSKI: I'm sorry. You know, and one other thing if I may-- if I may, Commissioner, Mr. Mudd is -- has -- and Malcolm Pirnie had spoken about a waste characterization study and then a waste matter plan. And those are good concepts, but I think we should consider how much we're going to pay for that waste characterization study because some people ask for up to $250,000 for that. And also the waste master plan, we should maybe shop around and see who could do it because there's a lot of options available there, rather than just vote it in and then all of a sudden we're spending a whole big bunch of money on getting a waste characterization plan. Okay? CHAIRMAN CARTER: Thank you, sir. MR. KRASOWSKI: Thank you. CHAIRMAN CARTER: Mr. Mudd. MR. MUDD: We can bid out the waste characterization, and we can bid out the master plan. That's not a problem. CHAIRMAN CARTER: Right. I think we need to do that. MR. MUDD: Fine. The RFPs, we've talked about it at a previous -- I tried to bring their recommendations into the thing, and then we need to formally continue to work with Glades County for a potential long-term solution. Their county is short of cash and they've got airspace; we're short of airspace and I think we have some cash. And so I think maybe there's a way that we could help a fellow county out, and they could help us out at the same time. Right now tentatively their -- their board has agreed to a 30 July, 4 p.m. At their board meeting last night at seven o'clock. And -- and I pretty much need to get a nod from you so that I can go back and formalize that. COMMISSIONER COLETTA: I'm for it. Page 191 June 26, 2001 CHAIRMAN CARTER: We're all here. COMMISSIONER HENNING: Yep. CHAIRMAN CARTER: You got four out of five. COMMISSIONER HENNING: You're talking about a regional solution? MR. MUDD: Yes, sir. COMMISSIONER HENNING: Interesting. MR. MUDD: And then -- and then what I need to do is in order to do the RFPs and the other issues, I need to make the necessary budget amendments not to exceed the 250,000 using the county's utility engineering firms to complete necessary tasks. And I have six firms on those -- on those utility contracts. And what I can do is I can ask them to bid, or I can go out separately on an RFP and bid out the master plan and use -- and also the waste characterization process. CHAIRMAN CARTER: So you can compare even though it's not to exceed 250,000; is that correct? I don't have a problem with that. It's multiple input. COMMISSIONER HENNING: That's fine. CHAIRMAN CARTER: Any questions on the part of the board? If not, I would move we accept the recommendations. COMMISSIONER MAC'KIE: Well, I'd be a little uncomfortable with that. Do we have to make a motion today? Because as we went through all those items, we said yes to some and no to some. Do we have to have a motion or a -- MR. MUDD: Ma'am, you're going to need to -- you need to -- you need to tell me that you want to have a joint meeting. Okay. And I know you all nodded, but you need to tell me that, okay, because I got to go on the public record. CHAIRMAN CARTER: All right. Let me start right with there. Move that we have a joint meeting with Glades County. Page 192 June 26, 2001 COMMISSIONER MAC'KIE: CHAIRMAN CARTER: (Unanimous response.) CHAIRMAN CARTER: Second. All in favor signify by saying aye. Motion passes 4-0. Next item. MR. MUDD: I need a motion about the $250,000. COMMISSIONER MAC'KIE: So moved. CHAIRMAN CARTER: Second. COMMISSIONER MAC'KIE: That's No. 6 of his recommendations on page 3 of 10-E. CHAIRMAN CARTER: All in favor signify by saying aye. (Unanimous response.) CHAIRMAN CARTER: Opposed by the same sign. (No response.) CHAIRMAN CARTER: Motion carries 4-0. MR. MUDD: And the motion about going out for the RFPs. And that's pretty clear as far as you're concerned, but we want to go out and get those folks to firm up their -- we want to be very specific about what we want to ask them to bid on, but we've got to see their bids so that we can -- COMMISSIONER MAC'KIE: So I'd move that we seek RFPs for truck and rail hauling, for gasification, for Zero Waste, for composting excluding municipal solid waste composting, and for -- how do I describe your proposal -- C & D. COMMISSIONER HENNING: I'll second that motion. COMMISSIONER COLETTA: Did that cover it all? CHAIRMAN CARTER: It covered it all. I have a motion by Commissioner Mac'Kie, a second by Commissioner Henning. COMMISSIONER MAC'KIE: Did we leave anything out? MR. KRASOWSKI: Excuse me. COMMISSIONER HENNING: Why don't you just come up here, Bob. Page 193 June 26, 2001 MR. KRASOWSKI: I'd never make it. There was once mention of an RFP for recycling technologies, and I don't know if anything ever came of that. But is that included in what you're doing, or is that another element that we should be -- like clean MRFs, who builds those? COMMISSIONER MAC'KIE: That's included in yours. MR. MUDD: 2003 is when we're going to pop that one. MR. KRASOWSKI: 2003? Well, it's included in the Zero Waste proposal, so we'll look at it tomorrow. Yeah. The -- now, this is the Zero Waste proposal as presented today by Zero Waste, not the altered -- COMMISSIONER MAC'KIE: Absolutely. MR. KRASOWSKI: Okay. We got it then. CHAIRMAN CARTER: Are we all clear before I call the motion? Is everybody clear on the vote? COMMISSIONER MAC'KIE: Basically we are leaving everything in except waste to energy and MSW composting. CHAIRMAN CARTER: All right. Thank you. We have the motion. We have a second. All in favor signify by saying aye. (Unanimous response.) CHAIRMAN CARTER: Opposed by the same sign. (No response.) CHAIRMAN CARTER: outstanding job, Mr. Mudd. And, Mr. Krasowski, thank you. (Applause.) CHAIRMAN CARTER: And we move forward -- and to Malcolm Pimie, you've done a fine job for us. COMMISSIONER MAC'KIE: Did we also include the electronics processing? MR. MUDD: We'll do that. I'll go get the bids for that. to do that. Motions carries 4-0. Thank you for an We got Page 194 June 26, 2001 CHAIRMAN CARTER: How much more do we have to go? Magic Fingers, how are you doing? COMMISSIONER MAC'KIE: Not much. Not very much. Item # 12A REIMBURSEMENT OF FIL1NG FEES TO CANDIDATES FOR THE PELICAN BAY SERVICES DISTRICT BOARD OF SUPERVISORS - APPROVED CHAIRMAN CARTER: All right. Move to the next item, if I can get out of the garbage business. COMMISSIONER COLETTA: I move that we imburse the -- reimburse the filing fees to the candidates -- COMMISSIONER MAC'KIE: Second. COMMISSIONER COLETTA: -- for the Pelican Bay Services District -- MR. WEIGEL: Okay. Mr. Chairman. CHAIRMAN CARTER: Okay. Motion-- yes. MR. WEIGEL: And we would like for the motion and the process to include a finding of public purpose in the -- in making the refund. This is to encourage the county citizens to enter the political process and engage in elective office affairs, notwithstanding that the election may not be held in this case. But a public purpose must be found in the motion, so if you'd-- COMMISSIONER COLETTA: And that public purpose that was just mentioned, I include it in my motion. CHAIRMAN CARTER: Okay. We have a motion by Commissioner Coletta, second by Commissioner Mac'Kie. All in favor signify by saying aye. (Unanimous response.) Page 195 June 26, 2001 CHAIRMAN CARTER: (No response.) CHAIRMAN CARTER: Item #12B Opposed by the same sign. Motion carries 4-0. ORAL REPORT ON STATUS OF MILLER BOULEVARD EXTENSION LITIGATION - MARSHALL V. COLLIER COUNTY, CASE NO. 99-2009-CA, NOW PENDING IN THE CIRCUIT COURT FOR COLLIER COUNTY, FLORIDA, AND RECOMMENDATION THAT THE BOARD POSTPONE CONSIDERATION OF SETTLEMENT UNTIL JULY 31,2001 - APPROVED Next item. We're at 12-B. COMMISSIONER MAC'KIE: Oral report on some litigation. MR. PETTIT: Good afternoon, Commissioners. Mike Pettit, assistant county attorney. I had committed to bring back a proposed settlement agreement on the Miller Boulevard Extension litigation in June. We were well on our way to do that. We had a meeting with DEP, Ed Kant, Tom Reese, who represents Florida Wildlife Federation, and Clarence Tears of the Big Cypress Basin Board, in late April in Tampa and hammered out a number of agreements that I felt might be acceptable to this board and, I think, DEP and Florida Wildlife took a look at and felt like they could live with, and Clarence Tears also seemed approving. Since that time we've had an occurrence -- I know little about it other than what I've been told -- of some clearing along the Miller Boulevard Extension. I've been requested by both Florida Wildlife and DEP to ask the board to postpone consideration of any settlement until July 31, the next board meeting, so that they can complete some Page 196 June 26, 2001 investigation in what occurred. I would hazard that their concern is that they feel the road has been widened from the size it was when we brought the original litigation, and so I'm requesting -- COMMISSIONER COLETTA: postpone this to -- COMMISSIONER MAC'KIE: MR. PETTIT: Thank you. COMMISSIONER MAC'KIE: All in favor please say -- COMMISSIONER COLETTA: COMMISSIONER MAC'KIE: speaker. MR. McNEES: MS. PAYTON: I make a move (sic) that we Second. Any discussion on the motion? We've got a speaker. Oops. We have a registered Nancy Payton. Nancy Payton representing the Florida Wildlife Federation and a property owner along Miller Boulevard Extension. And thank you very much for the motion to delay because we were ready to sign as well. There are a few little details that were minor that we asked be changed, but we were looking forward to resolving this issue today. But this is what's holding it up. COMMISSIONER MAC'KIE: Katie, go to the visualizer, please. MS. PAYTON: This is a view of our property looking south, and the damage was done along the east side of the road. And this is what was the road, and you can see clearing was all the way to here. It wasn't a little clearing; it was a lot of clearing. COMMISSIONER MAC'KIE: Who did that? MS. PAYTON: Code enforcement -- we filed a complaint along with forestry with code enforcement, and they are investigating it, and they do have the names of several people that forestry has provided that may or may not have been involved. I'm hearing conflicting information, so rather than putting any names forward, I'll Page 197 June 26, 2001 just say it's under investigation. We appreciate the effort that code enforcement is putting into resolving this situation. This is another photo, again showing how much damage was done. This, again, is on our property, and it wasn't just exotics that were removed. There were some native -- some native vegetation as well. And I just brought one more picture to show. This is what this side of the road looked like before the cleanup took place. We were not approached to ask if they could clean up our property this year or any other year. And we were notified by forestry after Memorial Day weekend that this had been done to our property, but we were not notified beforehand by anyone that there was going to be a cleanup on our property. COMMISSIONER COLETTA: Nancy, you've got every right to be upset. When somebody goes on your property without your knowledge, it's -- it's trespassing. But what I'd like to do is -- I do know some of the people that were involved in this cleanup. God forbid, I almost ended up out there with them, and I don't know if I'd even have caught it if I was out there. But I had another conflicting appointment, so I wasn't there, thank God. COMMISSIONER MAC'KIE: That was grace. COMMISSIONER COLETTA: But I would like to bring you together with several of the people that have caused this problem to see if you can reach some sort of understanding that will get this thing going forward and off dead center. MS. PAYTON: Well, our -- our position is that we want replanting of the vegetation that was removed and any fill that was added to the road be removed, and I understand that DEP is looking at it for wetland violations. And that's our position. There's nothing, quite frankly, Mr. Coletta, to negotiate. We want it restored to what it was before they went on there. They trespassed and they did Page 198 June 26, 2001 damage. And I believe that's also the position of the board of trustees, the governor and the cabinet in terms of state land. COMMISSIONER COLETTA: The only thing I suggest is we might be able to shorten this whole process without having to drag that thing into the courts and have lawyers on both sides get very wealthy. MS. PAYTON: We don't intend to take it to court. We think that we can work it out, hopefully, with -- with code enforcement. COMMISSIONER COLETTA: I'd like to give it a try with you and -- MS. PAYTON: And we want to move this forward and resolve it as quickly as possible because we want to sign that agreement. MS. PAYTON: Thank you. COMMISSIONER COLETTA: I'll be talking to you. CHAIRMAN CARTER: Thank you, Ms. ?ayton. Other speakers? MR. PETTIT: Let me add that since the litigation is still ongoing, I just remind the board that the county claims a prescriptive easement along that road, but the prescriptive easement was as defined in the complaint that was filed in, I think, June of 1999. I just want to say that for clarification. So there's a question as to where this clearing took place -- I don't know -- and whether that was on the claim of our prescriptive easement or whether that was on property we don't claim as prescriptive easement. I'm not certain. CHAIRMAN CARTER: I don't know. It was legalese. But, you know, they talk in another -- COMMISSIONER COLETTA: I'll get an interpretation later. COMMISSIONER MAC'KIE: You had a motion and a second, Mr. Chairman, while you were away. CHAIRMAN CARTER: Okay. You want to call the motion? Call the motion. All in favor signify by saying aye. Page 199 Unanimous response.) CHAIRMAN CARTER: (No response.) CHAIRMAN CARTER: Item #13A June 26, 2001 Opposed by the same sign. Motion carries 4-0. REQUEST FOR EXPENDITURES FOR RENOVATIONS TO 2373 HORSESHOE DRIVE AND BUILDING "J"- APPROVED Other constitutional officers, request for approval of expenditures for renovations on Horseshoe Drive by the sherifPs department. COMMISSIONER MAC'KIE: Are there registered speakers, Mr. McNees? Motion to approve. CHAIRMAN CARTER: Second. Any discussion? All in favor signify by saying aye. (Unanimous response.) CHAIRMAN CARTER: Opposed by the same sign. (No response.) CHAIRMAN CARTER: Motion carries 4-0. Any general communications from staff as we depart on summer recess? MR. McNEES: No, sir. CHAIRMAN CARTER: Not a thing. They would not hold us up for a moment. Ah, but Mr. Pettit -- MR. PETTIT: I'm going to hold you up. Mike Pettit, county attorney's office. I just want to comment very briefly on the lawsuit that has been filed against the county by Aquaport Limited Liability Company, Jim Allen, and Norman Burke in federal court. To bring your attention to that, each commissioner has been sued individually. Page 200 June 26, 2001 The county has also been sued. I urge you to take a look at the Resolution 95-632 that we have brought before you before in other instances where individuals have been sued. That discusses what the county has decided are rights of county employees that have been sued. At this point in time, our office is representing all defendants. We also are in consultation with the Carlton Fields law firm about a possible role they would play, certainly as an adviser on any land use issues and possibly as either cocounsel for all the defendants or cocounsel for one set of defendants. Be aware that you are also -- could consider seeking your own counsel within the scope of that resolution. I just wanted to bring that to your attention. COMMISSIONER HENNING: Now's a good time to file bankruptcy, guys. MR. PETTIT: The answer is right now due on July 1 lth for everybody but Commissioner Fiala, who I don't think got served. I am going to work with counsel for the plaintiff and try to get that extended so that maybe we'll be able to report back to you on the 31st with some additional direction. CHAIRMAN CARTER: When do we need to engage -- how do we go about the representation for each commissioner? We'll look for some direction from our counsel on that, who's available, how do we handle that, depending on how far this goes. MR. PETTIT: That -- generally speaking, we have brought that back to the board. And it's a little unusual because I'm used to bringing back where there's been several county employees sued, and we make some determination as to whether they need counsel. We come back and say, well, the county attorney will represent the county. These individuals need counsel, and we ask the board to -- to approve that under the resolution. This isn't an action item today. I'm not sure you can take action item -- action on it. That's why I'm Page 201 June 26, 2001 hoping to get things delayed until July 31. CHAIRMAN CARTER: Just some information question on my part. Commissioner Mac'Kie. COMMISSIONER MAC'KIE: The problem here is there's a reply deadline that will occur sooner than our next meeting, and we may find that we have cooperative counsel who's willing to give an extension of time, but we may well find out we don't have. I mean, they are suing us personally, for heaven's sake. You know, they may well not be cooperative. So it seems to me that the only prudent course would be for each commissioner to get counsel for the purpose of responding within the time allotted, or at least being available to respond within the time allotted, in case the extension's not granted. MR. PETTIT: What I can say to the board is that our office is prepared to file responses for all defendants if we don't get that extension at this point. That doesn't mean at a later date you can't bring in your own counsel. COMMISSIONER MAC'KIE: I didn't realize that you could file on our individual behalves, but if you can, then so be it. MR. WEIGEL: At this early stage, we believe we can. And then if we were to determine that there is either a conflict with the individual defendants, commissioners, and the county generally, we would be back to you, just as we have in previous cases where we have felt that there may be a conflict or at least an uncomfortable relation when individual employees have been sued as well as the county. And we're going to be -- we already started, and we'll be working with Carlton Fields, both in regard to the land use issues of this case, but if you have reviewed the complaints that we've received, the issues and allegations raised are more than mere land use. It takes on several other litigation and damage issues that they're attempting to Page 202 June 26, 2001 go forward with. So we feel pretty comfortable right now that based on the type of complaint that's filed, what we believe are irregularities in the complaint that was filed, that we can adequately represent you, hopefully admirably represent you, as well as the county generally, and be prepared to get back to you with further suggestion as well as report prior to and in an operative way at the July 31st board meeting. But if you're uncomfortable, if you're, as individuals, uncomfortable or have a desire for that extra protection, of course you always can go and get your own counsel. And the resolution that we've had in place since 1995 for these very -- various kinds of things provides that the board, as a board, can approve individual counsel. So if you go out and get individual counsel ahead of time, obviously we would hope that they would work and coordinate with the county attorney office because we want to bootstrap any private counsel brought into this to be as aware and effective as they can be early, early on. But the board ultimately would need to ratify that counsel in regard to the potential for reimbursement, things of that question. CHAIRMAN CARTER: Thank you, Counselor. Commissioner Henning. COMMISSIONER HENNING: Have a nice vacation. CHAIRMAN CARTER: Okay. Commissioner Mac'Kie. COMMISSIONER MAC'KIE: Won't I be seeing you guys Friday at the NPO meeting? All this talk of vacation, don't we have an NPO meeting Friday? CHAIRMAN CARTER: I'm in Tall -- I'm in Jacksonville. COMMISSIONER MAC'KIE: See you Friday. You know, then we'll talk vacation. CHAIRMAN CARTER: I will be at -- I'll be at the Florida Association of Counties, but the rest of you can enjoy the NPO meeting. Commissioner Coletta. Page 203 June 26, 2001 COMMISSIONER COLETTA: Thank you very much, Commissioner Carter. I'd just like to invite everyone for -- to come out to Everglades City on Sunday. They're getting a jump on the 4th of July. They're going to have all sorts of contests for children. They've been very successful in the past, everything from climbing a greased pole to chasing a pig, bike rides, canoe races, just about anything you could think of. Just good, clean family fun. One o'clock, and stay for the fireworks at nine o'clock. Thank you. CHAIRMAN CARTER: Sounds terrific. My Fellow Commissioners, it's been a great first half, and we have done a fantastic job, moved so many items. Enjoy your recess. We'll come back and be ready in the fall to move forward on all these agenda items that are in front of us. But I congratulate you for the hard work that you've done. And with that, we stand adjourned, and have a great summer. ***** Commissioner Mac'Kie moved, seconded by Commissioner Henning, and carried 4/0, (Commissioner Fiala absent), that the following items under the Consent and Summary Agendas be approved and/or adopted ***** Item #16Al RESOLUTION 2001-241 AUTHORIZING THE FLORIDA DEVELOPMENT FINANCE CORPORATION TO ISSUE INDUSTRIAL DEVELOPMENT REVENUE BONDS TO FINANCE A MANUFACTURING FACILITY WITHIN COLLIER COUNTY ON BEHALF OF AIR TECHNOLOGY ENGINE INCORPORATED Item # 16A2 Page 204 June 26, 2001 FINAL PLAT OF "CEDAR HAMMOCK-UNIT 4" WITH THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND PERFORMANCE SECURITY- WITH STIPULATION Item #16A3 FINAL PLAT OF "QUAIL WEST PHASE III, UNIT THREE" WITH STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND PERFORMANCE SECURITY Item #16A4 FINAL ACCEPTANCE OF WATER UTILITY FACILITIES FOR CHARLESTON SQUARE WITH RELEASE OF THE UTILITIES PERFORMANCE SECURITY TO THE PROJECT ENGINEER OR THE DEVELOPER'S DESIGNATED AGENT Item #16A5 REQUEST BY THE SALVATION ARMY TO ALLOW UNDER A TEMPORARY USE PERMIT #010291 THE RETENTION OF A TENT STRUCTURE FOR A PERIOD OF MORE THAN 28 CALENDAR DAYS FOR A SUMMER DAY CAMP AT 3180 ESTEY AVENUE Item # 16A6 Page 205 June 26, 2001 PUBLIC HEARING DATE SET FOR FEBRUARY 12, 2002 FOR CONSIDERATION OF A DEVELOPMENT OF REGIONAL IMPACT DEVELOPMENT ORDER FOR PETITION DRI-2000-01, HERITAGE BAY LOCATED IN THE NORTHEAST QUADRANT OF IMMOKALEE ROAD AND CR951/COLLIER BLVD Item #16A7 FINAL PLAT OF "CLASSICS PLANTATION ESTATES PHASE I" WITH STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND PERFORMANCE SECURITY AND STIPULATION Item #16A8 FINAL PLAT OF "REGENT LAKE" WITH STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND PERFORMANCE SECURITY AND STIPULATION Item # 16A9 FINAL PLAT OF "MEDITERRA GOLF COURSE PHASE ONE" Item #16Al0 FINAL PLAT OF "MEDITERRA GOLF COURSE PHASE TWO" Item #16Al 1 FINAL PLAT OF "MEDITERRA GOLF COURSE PHASE THREE" Page 206 June 26, 2001 Item #16A12 - Deleted Item #16A13 FINAL PLAT OF "SHERWOOD PARK TWO" Item #16A14 FINAL PLAT OF "MEDITERRA PARCEL 112" WITH STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND PERFORMANCE SECURITY AND STIPULATION Item #16A15 RESOLUTION 2001-242 APPROVING THE STATUTORY EXCHANGE OF PUBLIC PROPERTY FOR PRIVATE PROPERTY ENABLING THE COUNTY TO CONSTRUCT A PARKING FACILITY TO ACCOMMODATE THE COUNTY'S PARKING NEEDS FOR ITS HORSESHOE DRIVE FACILITIES Item #16A16 INTERGOVERNMENTAL AGREEMENT WITH DEPARTMENT OF ENVIRONMENTAL PROTECTION TO PROVIDE GREATER CUSTOMER SERVICE RELATING TO ENVIRONMENTAL PERMITTING Item # 16A 17 - Withdrawn Page 207 June 26, 2001 RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS ADOPT A RESOLUTION AUTHORIZING THE DIRECTOR OF THE CODE ENFORCEMENT DEPARTMENT TO COMPROMISE AND SETTLE CERTAIN CODE ENFORCEMENT LIENS AND TO EXECUTE AND RECORD DOCUMENTS AND TO PERFORM SUCH ACTS NECESSARY FOR THE IMPLEMENTATION OF THIS AUTHORITY Item #16Al 8 - Withdrawn STAFF REVIEW AND RECOMMENDATIONS RELATIVE TO ORDINANCE NO. 95-68, AS AMENDED, ALSO KNOWN AS AIRPORT PLAZA PUD, WHICH, ACCORDING TO THE REQUIRED PUD STATUS REPORT SUBMITTED BY THE PROPERTY OWNER/AGENT, HAS NOT COMMENCED CONSTRUCTION, AS DEFINED IN SECTION 2.7.3.4 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE, RESULTING IN SEVERAL POSSIBLE COURSES OF ACTION FOR THE BOARD OF COUNTY COMMISSIONERS TO CONSIDER Item #16A19 2001 AMENDED TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND THE MARCO ISLAND FILM FESTIVAL REGARDING THE OCTOBER 2001 EVENT Item # 16A20 Page 208 June 26, 2001 FINAL PLAT OF "VALENCIA LAKES PHASE 2-A" WITH STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND PERFORMANCE SECURITY SUBJECT TO STIPULATIONS INCLUDING PAYMENT OF OUTSTANDING IMPACT FEES Item # 16A21 - Withdrawn ADOPTION OF A RESOLUTION ESTABLISHING AN OFFICIAL ADMINISTRATIVE PROCEDURES MANUAL FOR THE COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE Item #16A22 APPROVAL OF CRITERIA FOR ESTABLISHING NEW DISTRICT BOUNDARIES FOR THE BOARD OF COUNTY COMMISSIONERS Item # 16A23 RESOLUTION 2001-243 ACKNOWLEDGING COLLIER COUNTY'S LOCAL COMMUNICATIONS SERVICES TAX CONVERSION RATE Item #16A24 - Added COUNTY MANAGER TO EXECUTE A CONTRACT FOR ECONOMIC CONSULTING SERVICES IN SUPPORT OF THE RURAL FRINGE ASSESSMENT AREA CONCEPTUAL STRATEGIES Page 209 June 26, 2001 Item # 16B 1 RESOLUTION 2001-244 ESTABLISHING A "NO PARKING" ZONE ALONG THE EASTERN RIGHT-OF-WAY OF SPRUCE STREET BETWEEN US 41 (SR 90) AND WASHINGTON AVENUE Item # 16B2 RESOLUTION 2001-245 ADOPTING THE DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM Item #16B3 - Moved to Item #10J Item # 16B4 WORK ORDER NO. BRC-FT-01-05 WITH BETTER ROADS, INC. FOR INTERSECTION IMPROVEMENTS AT COLLIER BOULEVARD (CR 951) AND DAVIS BOULEVARD IN THE AMOUNT OF $56,307.65 (PROJECT NO. 60016) Item #16B5 SUPPLEMENTAL AGREEMENT NO. 9 FOR PROFESSIONAL ENGINEERING SERVICES BY CH2MHILL FOR THE CONSTRUCTION OF PINE RIDGE ROAD (CR 896) WIDENING (SIX LANING) FROM AIRPORT-PULLING ROAD (CR 31) TO LOGAN BOULEVARD (PROJECT NO. 60111; CIE NO. 41) - IN THE AMOUNT OF $75,338 Page 210 June 26, 2001 Item #16B6 - Moved to Item #1 OK Item # 16B7 CONTRACT AMENDMENT NO. 1 FOR PROFESSIONAL ENGINEERING SERVICES BY WILSONMILLER, INC. FOR PINE RIDGE ROAD WIDENING FROM AIRPORT ROAD TO LOGAN BOULEVARD IN THE AMOUNT OF $165,000 (PROJECT NO. 60111; CIE NO. 41) Item # 16B8 WORK ORDER NO. BRC-FT-01-03 WITH BETTER ROADS, INC. FOR INTERSECTION IMPROVEMENTS AT SANTA BARBARA BOULEVARD AND GOLDEN GATE PARKWAY IN THE AMOUNT OF $60,458.63 (PROJECT NO. 60016) Item #16B9 - Moved to Item # 10I Item # 16B 10 RESOLUTION 2001-246 AUTHORIZING THE ACQUISITION OF PERPETUAL, NON-EXCLUSIVE ROAD RIGHT-OF-WAY FOR ROADWAY IMPROVEMENTS FOR THE PHASE ONE WHIPPOORWILL LANE PROJECT FROM PINE RIDGE ROAD SOUTH A DISTANCE OF APPROX. 1 MILE (PROJECT NO. 60054) Item # 16B 11 - Continue to July 31,2001 Page 211 June 26, 2001 DEVELOPER CONTRIBUTION AGREEMENT WITH FIRST BAPTIST CHURCH FOR ROAD IMPACT CREDITS RE ORANGE BLOSSOM DR. Item # 16B 12 RESOLUTION 2001-247 AMENDING THE ACCESS MANAGEMENT SYSTEM POLICY FOR ARTERIAL AND COLLECTOR ROADWAYS Item # 16B 13 CASH BOND AGREEMENT FOR THE COMPLETION OF THE ROADWAY IMPROVEMENTS FOR THE SOUTH ROAD AS REQUIRED BY THE CREEKSIDE COMMERCE PARK PUD WITH CREEKSIDE WEST, INC. Item # 16B 14 BID #01-3239 FOR PELICAN BAY STREETSCAPE IRRIGATION SYSTEM PHASE I AND II AWARDED TO COLLIER IRRIGATION SERVICE, INC. 1N THE AMOUNT OF $495,716 Item #16B 15 REPLACE THE PARATRANSIT VEHICLE TOTALED IN A COLLISION ON 11/23/99 Item # 16B 16 Page 212 June 26, 2001 CASH BOND AGREEMENT FOR THE COMPLETION OF THE ROADWAY IMPROVEMENTS FOR THE SOUTH ROAD AS REQUIRED BY THE GRANADA SHOPPES PUD WITH OCEAN BOULEVARD PARTNERSHIP II Item # 16B 17 REPORT REGARDING THE RESULTS OF THE ANNUAL COUNTYWIDE TRAFFIC SIGNAL WARRANT STUDY AND INTERSECTION IMPROVEMENT PROGRAM Item # 16B 18 2002-2006 UPDATE TO THE PUBLIC TRANSPORTATION DEVELOPMENT PLAN (PTDP) Item # 16B 19 RESOLUTION 2001-248 ADOPTING THE SYSTEM SAFETY PROGRAM PLAN (SSPP) AND APPROVING THE DRUG FREE WORKPLACE POLICIES FOR TRANSPORTATION DISADVANTAGED (TD) AND GENERAL PUBLIC TRANSIT SERVICE Item # 16B20 THE METROPOLITAN PLANNING ORGANIZATION (MPO) BUDGET FOR GRANT YEAR 2001-2002 Item # 16C 1 Page 213 June 26, 2001 BUDGET AMENDMENT RECOGNIZING POSITIVE REVENUE VARIANCE IN THE POLLUTION CONTROL FUND (108) Item #16C2 ACCEPTANCE OF UTILITY EASEMENT FOR THE INSTALLATION OF A WATERMAIN TO SERVICE THE NAPLES GATEWAY PUD Item #16C3 AWARD RFP 00-3113 TO IMSOFTECH FOR THE PURCHASE OF INTEGRATED UTILITY BILLING SOFTWARE SYSTEM; STAFF TO NEGOTIATE A CONTRACT Item #16C4 EXECUTION OF SATISFACTIONS OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEES Item gl 6C5 WAIVE FORMAL COMPETITION AND APPROVE THE PURCHASE OF 25 REMOTE TRANSMITTING UNITS FROM DATA FLOW SYSTEMS, INC. FOR MONITORING WASTEWATER LIFT STATIONS - IN THE AMOUNT OF $176,168 (PROJECT NO. 73922) Item #16C6 Page 214 June 26, 2001 BUDGET AMENDMENT FOR THE NORTH REGIONAL WATER TREATMENT FACILITY COST CENTER TO COVER INCREASED CHEMICAL AND ELECTRICAL COSTS Item # 16C7 CONTRIBUTION OF $15,000 TO THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT FOR A MASTER PLAN STUDY FOR THE LOWER WEST COAST REGIONAL IRRIGATION SYSTEM Item # 16C8 WORK ORDER CDM-FT-01-02 FOR UTILITY ENGINEERING SERVICES RELATED TO IMPROVING WELLFIELD RELIABILITY ASSIGNED TO CAMP DRESSER & MCKEE, INC. IN THE AMOUNT OF $169,000 Item #16C9 - Deleted AWARD A CONTRACT TO UPGRADE THE PELICAN BAY WELLFIELD, BOOSTER STATION AND MASTER FLOW METER - (BID NO. 01-3238; PROJECT NO. 74039) Item # 16C 10 CONTRACT GC623 WITH THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP) TO ELIMINATE PETROLEUM CONTAMINATED SITES EFFECTIVE JULY 1, 2001 - FDEP TO REIMBURSE THE COUNTY FOR WORK CONDUCTED Page 215 June 26, 2001 Item #16C 11 RESOLUTION 2001-249 APPROVING THE SATISFACTION OF LIENS FOR SOLID WASTE RESIDENTIAL ACCOUNTS THAT ARE SATISFIED IN FULL FOR THE 1996 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS Item #16C12 BUDGET AMENDMENT TO FUND THE 2001 WATER, WASTEWATER AND REUSE RATE STUDY FOR PUBLIC UTILITIES FOR SERVICES PROVIDED BY GREELEY & HANSEN ENGINEERS Item #16C13 ASSOCIATED BUDGET AMENDMENT FOR BUILDING IMPROVEMENTS AND CORRECT SAFETY ISSUES FOR THE NAPLES LANDFILL SCALE HOUSE Item # 16C 14 COMPETITIVE BID REQUIREMENTS WAIVED AND WORK ORDER WD-079, FOR THE RELOCATION OF WATER AND SEWER MAINS RELATED TO THE FLORIDA DEPARTMENT OF TRANSPORTATION WIDENING OF U.S. 41 FROM RATTLESNAKE HAMMOCK ROAD TO BAREFOOT WILLIAMS ROAD, ASSIGNED TO FLORIDA STATE Page 216 June 26, 2001 UNDERGROUND, INC.- IN THE AMOUNT OF $333,532.33 Item # 16C 15 SATISFACTION OF LIEN DOCUMENTS FILED AGAINST REAL PROPERTY FOR ABATEMENT OF NUISANCE Item # 16C 16 WAIVE FORMAL COMPETITION FOR THE PURCHASE OF CAROLINA SOFTWARE FOR LANDFILL SCALEHOUSE OPERATIONS Item # 16C 17 RESOLUTION 2001-250 APPROVING THE SATISFACTION OF LIENS FOR SOLID WASTE RESIDENTIAL ACCOUNTS THAT ARE SATISFIED IN FULL FOR THE 1992 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS Item # 16C 18 RESOLUTION 2001-251 APPROVING THE SATISFACTION OF LIENS FOR SOLID WASTE RESIDENTIAL ACCOUNTS THAT ARE SATISFIED IN FULL FOR THE 1995 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS Item #16C19 Page 217 June 26, 2001 RESOLUTION 2001-252 APPROVING THE SATISFACTION OF LIENS FOR SOLID WASTE RESIDENTIAL ACCOUNTS THAT ARE SATISFIED IN FULL FOR THE 1994 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS Item #16C20 RESOLUTION 2001-253 APPROVING THE SATISFACTION OF LIENS FOR SOLID WASTE RESIDENTIAL ACCOUNTS THAT ARE SATISFIED iN FULL FOR THE 1993 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS Item #16C21 ONE NEW POSITION WITHiN THE PUBLIC UTILITIES ENGINEERING DEPARTMENT - COMMUNICATION SYSTEMS MANAGER Item #16C22 A BUDGET AMENDMENT TO COVER UNANTICIPATED EXPENSES IN THE WATER DISTRIBUTION COST CENTER Item # 16D 1 WARANTY DEED FROM COLLIER CULTURAL AND EDUCATIONAL CENTER, INC., TO PROPERTY TO BE USED FOR THE FUTURE "LELY AMPHITHEATER" AND DONATION AGREEMENT TO BE EXECUTED Page 218 June 26, 2001 Item #16D2 RESOLUTION 2001-254 AND LEASE AGREEMENT BETWEEN COLLIER COUNTY AND SPRINT FOR USE OF COUNTY- OWNED PROPERTY AT THE COCOHATCHEE RIVER PARK FOR A COMMUNICATIONS TOWER Item # 16D3 A BUDGET AMENDMENT FOR THE INCREASE IN MEDICAID WAIVER REVENUE AND PROGRAM COSTS Item #16D4 ACCEPT FUNDS TO INCREASE HOURS FOR 4H PROGRAM OUTREACH COORDINATOR Item #16D5 APPLY FOR A GRANT FROM FLORIDA COMMUNITIES TRUST FLORIDA FOREVER GRANT PROGRAM Item #16D6 AN EIGHT MONTH SUSPENSION OF THE DESIGN AND CONSTRUCTION OF A NEIGHBORHOOD PARK WITHIN LIVINGSTON WOODS Item #16D7 Page 219 June 26, 2001 RESOLUTION 2001-255 AUTHORIZING THE ACTIVITIES AND PRACTICES OF VARIOUS VOLUNTEER ORGANIZATIONS WITHIN THE PUBLIC SERVICES DIVISION Item #16D8 RESOLUTION 2001-256 AUTHORIZING THE CHAIRMAN TO ENTER INTO A LEASE AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION TO MAINTAIN A PUBLIC BOAT RAMP AT THE EXISTING 951 BOAT RAMP Item # 16D9 AN AGREEMENT WITH COLLIER SPORTS OFFICIALS ASSOCIATION, INC. FOR THE PURPOSE OF PROVIDING SPORTS OFFICIALS FOR COUNTY SPONSORED ACTIVITIES Item # 16D 10 AN INTERLOCAL AGREEMENT WITH THE CITY OF EVERGLADES FOR THE COMMUNITY CENTER SKATE PARK PROJECT Item #16E 1 A BUDGET AMENDMENT TO APPROPRIATE RESERVES FROM THE MOTOR POOL CAPITAL RECOVERY FUND (522) TO REFURBISH AN AMBULANCE Item #16E2 Page 220 June 26, 2001 WAIVE FORMAL BID PROCESS BY UTILIZING THE SERVICES OF VANDERBILT BAY CONSTRUCTION, INC. TO CONSTRUCT THE GOLDEN GATE SHERIFF'S SUBSTATION (PRESENTLY CONSTRUCTING THE GOLDEN GATE GOVERNMENT SERVICES) Item #16E3 AWARD RFP #01-3205 EMPLOYMENT ADVERTISING PLACEMENT SERVICES TO NATIONWIDE ADVERTISING SERVICES- STAFF TO NEGOTIATE AGREEMENT Item # 16E4 AWARD RFP 00-3188 (INTEGRATED FINANCIAL MANAGEMENT SYSTEM) TO CEDAR/SAP Item #16E5 AWARD RFP00-3173 TO SPILLIS CANDELA AND PARTNERS, INC. FOR ARCHITECTURAL SERVICES FOR PROGRAMMING AND DESIGN OF THE COURTHOUSE ANNEX, PARKING GARAGE, CHILLED WATER PLANT EXPANSION AND ASSOCIATED VEHICULAR AND PEDESTRIAN CIRCULATION AND SITE WORK (PROJECT NO. 80533) Item #16E6 A BUDGET AMENDMENT TO INCREASE APPROPRIATIONS FOR FUEL AND PARTS COSTS AND RECOGNIZE ASSOCIATED REVENUES IN FLEET MANAGEMENT Page 221 June 26, 2001 ADMINISTRATION FUND (521) Item # 16F 1 RESOLUTION 2001-257 AUTHORIZING THE ACCEPTANCE OF SAID AGREEMENT BETWEEN THE STATE OF FLORIDA, DEPARTMENT OF COMMUNITY AFFAIRS AND COLLIER COUNTY FOR FUNDS TO BE USED FOR SHELTER ENHANCEMENT AT BARRON COLLIER HIGH SCHOOL Item #16F2 AWARD BID NO. 01-3212 FOR THE PURCHASE OF MEDICAL EQUIPMENT FOR THE EMERGENCY MEDICAL SERVICES DEPARTMENT TO THE VENDORS AS OUTLINED IN THE EXECUTIVE SUMMARY- IN THE AMOUNT OF $42,000 Item # 16G 1 AUTHORIZATION FOR THE COUNTY MANAGER TO APPROVE CONSENT AND EMERGENCY AGENDA ITEMS DURING THE BOARD'S SCHEDULED RECESS Item #16G2 BUDGET AMENDMENT REPORT- BUDGET AMENDMENT #01-342; #01-345 Item # 16G3 Page 222 June 26, 2001 AUTHORIZE THE COUNTY MANAGER TO REDUCE OR WAIVE CERTAIN PUBLIC SERVICE DIVISION AND COMMUNITY TRANSPORTATION FEES FOR LIMITED PROMOTIONAL PROGRAMS Item # 16J 1 SATISFACTION OF LIENS FOR SERVICES OF THE PUBLIC DEFENDER'S OFFICE Item # 16J2 MISCELLANEOUS ITEMS - FILED AND/OR REFERRED The following miscellaneous correspondence, as presented by the Board of County Commissioners, has been directed to the various departments as indicated: Page 223 FOR BOARD ACTION: 1. BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE June 26, 2001 Satisfaction of Lien: NEED MOTION authorizing the Chairman to sign Satisfaction of Lien for Services of the Public Defender for Case Nos.: 96-975-CFA, 97-309-CFA, 98- 6724-MMA, 97-10249-COA, 85-325-CFA, 85325-CFA, 9900394MMA, 0004107MMA, 83-584TMC, 0001487MMA, 0002980MMA, 99-7086MMA, 0001058MMA, 0004344MMA, 9910341MMA, 9803828MMA, 9909526MMA, 0002830MMA, 0003843MMA, 0004481MMA, 0003777MMA, 9905083MMA, 9908634MMA, 9910076MMA, 0006214MMA, 0005703 MMA, 9800171 CFA, 0005858MMA, 9909507MMA, 0004299MMA, 9708520MMA, 9807864MMA, 9900898MMA, 0002211MMA, 9909165MMA, 9910774MMA, 81 - 1465-MM-A-42, 9900895MMA, 9708884MMA, 0004615MMA, 9800831MMA, 9501693CFA, 9501699CFA, 9501700CFA, 9501701 CFA, 9501488CFA, 0002330MMA, 9900502MMA, RECOMMEND APPROVAL. 2. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: 2) 3) Clerk of Courts: Submitted for public record, pursuant to Florida Statutes, Chapter 136.06(1), the disbursements for the Board of County Commissioners for the period: 1. May 23, 2001 through May 29, 2001. 2. May 3'0, 2001 through June 05,2001. Districts: 1) Cow Slough Water Control District, Budget for fiscal year 2001/2001 and Monthly Meeting and Annual Landowners' Meeting Dates for 2001/2002. The Big Cypress Basin Board of the South Florida Water Management District, Meeting Agenda for May 18, 2001and Revised Meeting Agenda for May 18,2001. Golden Gate Fire Control & Rescue District, Agenda for June 13,2001 and Agenda for May 9, 2001. Ochopee Fire Control District Advisory Board, Minutes of November 1, 1999. AGENDa., ~E~4 No. IW'- ~ JUN 2 6 2.001 4) H:Data/Format C. Minutes: 1) Rural Lands Assessment Area Oversight Committee, Agenda for June 6, 2001 and Minutes of May 21, 2001 Minutes of January 22, 2001 and Minutes of March 26, 2001. 2) Bayshore Beautification Advisory MSTU, Minutes of April 4, 2001 and Minutes of May 1,2001 and Minutes of May 2, 2001 and Agenda for June 6, 2001. 3) Collier County Planning Commission, Agenda for June 7, 2001 and Minutes of May 3, 2001 and Agenda for May 3, 2001 and Minutes of April 5, 2001 and Minutes of April 19, 2001 and Agenda for May 17, 2001 and Minutes of May 9, 2001. 4) Rural Fringe Area Assessment Oversight Committee, Agenda for June 13, 2001 and Minutes of May 23, 2001 and Minutes of May 30, 2001 and Minutes of April 25, 2001 and Agenda for May 9, 2001 and Minutes of April 11, 2001 and Minutes of March 21, 2001 and Meeting Notice for May 9, 2001 and Meeting Notice for Committee on June 13, 2001 and Meeting Notice for Property Owners on June 13, 2001. 5) Collier County Airport Agenda for June 11, 2001 and Minutes of May 14, 2001 and Agenda for May 14, 2001 and Minutes of April 9, 2001. 6) Pelican Bay MSTBU Advisory Committee, Agenda for June 6, 2001 and Memorandum it ! regarding Ordinance #90-! 11 and Memorandum regarding Reactions and Suggestions to Improve Operations. 7) Emergency Medical Services Advisory Council, Agenda for April 25,2001 and Agenda for June 27, 2001 and Minutes of May 29, 2001 and Minutes of March 28, 2001 and Agenda for May 29, 2001. 8) Lely-~olf Estates Beautification Advisory Committee, Agenda for May 11, 2001 and Minutes of April 12, 2001. 9) Collier County Historic and Archaeological Preservation Board, Minutes of April 20, 2001 and Agenda for May 18, 2001 and Agenda for June 15, 2001. 10) Parks and Recreation Advisory Board, Agenda for May 16, 2001. 11) Collier County Library Advisory Board, Agenda for May 23,2001 and Minutes of April 25, 2001. 12) Collier County Contractors' Licensing Board, Agenda for May 23,2001. 13) Environmental Advisory Council Agenda for June 6, 2001 and Minutes of April 25, 2001 and Minutes of May 2, 2001. H:Data/Format 14) Coastal Advisory Committee Meeting Notice on June 7, 2001. H:Data/Format June 26, 2001 Item # 16K 1 UPDATE A DOCUMENT FOR FIFTH YEAR STATE CRIMINAL ALIEN ASSISTANCE PROGRAM (SCAAP) GRANT FUNDS Item #16K2 DESIGNATE THE SHERIFF AS THE OFFICIAL APPLICANT FOR THE U.S. DEPARTMENT OF JUSTICE, BUREAU OF JUSTICE ASSISTANCE, AND FY 2001 LOCAL LAW ENFORCEMENT BLOCK GRANT PROGRAM Item # 16L 1 AUTHORIZE THE MAKING OF AN OFFER OF JUDGEMENT TO RESPONDENTS, JOSE AND JENNY REY, FOR PARCEL 10lB IN THE AMOUNT OF $10,058 IN THE LAWSUIT STYLED COLLIER COUNTY V. JOSE L. REY, ET AL., CASE NO. 99- 3683-CA (GOLDEN GATE BOULEVARD, PROJECT NO. 63041) - STAFF TO DEPOSIT THE SUM OF $3,358 INTO THE REGISTRY OF THE COURT Item #16L2 STIPULATED FINAL JUDGEMENT RELATIVE TO THE EASEMENT ACQUISITION OF PARCEL 136 IN THE LAWSUIT ENTITLED COLLIER COUNTY V. FRANK V. KRALIK, TRUSTEE, OF THE FRANK V. KRALIK REVOCABLE TRUST DATED FEBRUARY 14, 1998, ET AL., (PINE RIDGE ROAD PROJECT NO. 60111) - STAFF TO DEPOSIT THE SUM OF Page 224 June 26, 2001 $5,554.08 INTO THE REGISTRY OF THE COURT Item # 16L3 STIPULATED FINAL JUDGEMENT RELATIVE TO THE EASEMENT ACQUISITION OF PARCEL 127 IN THE LAWSUIT ENTITLED COLLIER COUNTY V. JAMES R. COLOSIMO, TRUSTEE, UNDER UNRECORDED LAND TRUST AGREEMENT DATED 12/10/92, ET AL., (PINE RIDGE ROAD PROJECT NO. 60111) - STAFF TO DEPOSIT THE SUM OF $20,526 INTO THE REGISTRY OF THE COURT Item #16L4 AUTHORIZE THE CHAIRMAN TO EXECUTE A CONTINUING RETENTION AGREEMENT FOR SERVICES ON AN AS- NEEDED BASIS WITH THE LAW FIRM OF ALLEN, NORTON & BLUE, P.A., TO MEET COUNTY PURCHASING POLICY CONTRACT UPDATE REQUIREMENTS Item #16L5 STIPULATED FINAL JUDGEMENT RELATIVE TO THE EASEMENT ACQUISITION OF PARCELS 108 AND 708 1N THE LAWSUIT ENTITLED COLLIER COUNTY V. COMMUNITY SCHOOL OF NAPLES, INC., ET AL., (PINE RIDGE ROAD PROJECT NO. 60111) - STAFF TO DEPOSIT THE SUM OF $6,421 INTO THE REGISTRY OF THE COURT Item #16L6 Page 225 June 26, 2001 RESOLUTION 2001-258 ORDERING AND CALLING A SPECIAL ELECTION, TO OCCUR ON NOVEMBER 6, 2001 FILL VACANCIES ON THE LELY COMMUNITY DEVELOPMENT DISTRICT BOARD OF SUPERVISORS , TO Item #16L7 STIPULATED FINAL JUDGEMENT RELATIVE TO THE EASEMENT ACQUISITION OF PARCEL 162 IN THE LAWSUIT ENTITLED COLLIER COUNTY V. RUSSELL BAISLEY, ET AL., (LIVINGSTON ROAD, PROJECT NO. 60071) - STAFF TO DEPOSIT THE SUM OF $4,802 INTO THE REGISTRY OF THE COURT Item # 16L8 - Added APPROVE THE AGREED ORDER AWARDING STATUTORY ATTORNEY'S FEES IN THE AMOLrNT OF $52,483.20, RELATIVE TO THE EASEMENT ACQUISITION OF PARCEL 145 IN THE LAWSUIT ENTITLED COLLIER COUNTY V. OWEN M. WARD, TRUSTEE, ET AL, CASE NO. 99-1291-CA, PROJECT NO. 65031 (RADIO ROAD, SANTA BARBARA BOULEVARD TO DAVIS BOULEVARD) Item # 17A RESOLUTION 2001-259 RE PETITION AVPLAT2001-AR711 TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST IN A PORTION OF THE DRAINAGE EASEMENT LOCATED ON LOT 9, ACCORDING TO THE PLAT OF "BAREFOOT BAY" AS RECORDED IN PLAT BOOK 35, Page 226 June 26, 2001 PAGES 61 THROUGH 62, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND TO ACCEPT A RELOCATED DRAINAGE EASEMENT ON A PORTION OF LOT 1 OF SAID "BAREFOOT BAY", LOCATED IN SECTION 6, TOWNSHIP 48 SOUTH, RANGE 25 EAST Item # 17B RESOLUTION 2001-260 RE PETITION VA-2001-AR-528, JOHN S. MCGARVEY FROM WESTLINK ASSOCIATES, LLP REQUESTING A 4-FOOT AFTER-THE-FACT VARIANCE FROM THE REQUIRED SIDE YARD SETBACK OF 24-FEET TO 20-FEET FOR A SINGLE-FAMILY RESIDENCE FOR A PROPERTY LOCATED AT 4437 BRYNWOOD DRIVE IN QUAIL WEST DEVELOPMENT Item #17C ORDINANCE 2001-35 RE PETITION PUDA-01-AR-546, MR. DON CAHILL, REPRESENTING THE BAREFOOT BEACH PROPERTY OWNERS ASSOCIATION, REQUESTING AN AMENDMENT TO THE LELY BAREFOOT BEACH PUD HAVING THE EFFECT OF INCREASING THE MAXIMUM BUILDING HEIGHT FROM TWO STORIES TO THREE STORIES WITH A MAXIMUM OF 70-FEET ABOVE THE MINIMUM BASE FLOOD ELEVATION FOR PROPERTY LOCATED WITHIN THE LELY BAREFOOT BEACH PUD AND WEST OF BAREFOOT BEACH BOULEVARD IN SECTIONS 6, 7, & 8, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA Page 227 June 26, 2001 Item #17D ORDINANCE 2001-36 RE PETITION PUDA-01-AR-488, MR. TIM HANCOCK, REPRESENTING HB HOLDINGS OF SW FLORIDA, LLC, REQUESTING AN AMENDMENT TO THE DAVINCI ESTATES IN OLDE CYPRESS PUD HAVING THE EFFECT OF REDUCING THE MINIMUM REAR YARD SETBACK FROM 25 FEET TO 20 FEET AND TO REDUCE THE FRONT YARD SETBACK FROM 20 FEET TO 10 FEET ONLY FOR A SIDE ENTRY GARAGE WHILE MAINTAINING THE 20-FOOT SETBACK FOR THE PRINCIPAL STRUCTURE FOR PROPERTY LOCATED NORTH OF IMMOKALEE ROAD (CR- 846) AND APPROXIMATELY 1.3 MILES EAST OF 1-75 IN SECTION 21, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA Item #17E RESOLUTION 2001-261 RE PETITION CU-2001-AR-478, JEFF MERZ FROM VOICESTREAM WIRELESS REPRESENTING COLLIER COUNTY EMERGENCY MANAGEMENT SERVICES (EMS) REQUESTING A CONDITIONAL USE FOR COMMUNICATIONS TOWER ON A PARCEL OF LAND ZONED "C-I" COMMERCIAL PROFESSIONAL DISTRICT FOR PROPERTY AT THE INTERSECTION OF GOLDEN GATE AND CORONADO PARKWAYS IN GOLDEN GATE CITY, AND IS FURTHER DESCRIBED AS LOT 1.1, BLOCK 115, GOLDEN GATE CITY UNIT 4, THIS PARCEL CONSISTS OF APPROXIMATELY 2.5 ACRES AND CONTAINS THE GOLDEN GATE FIRE & RESCUE BUILDING Page 228 June 26, 2001 Item #17F ORDINANCE 2001-37 REPEALING ORDINANCE 91-10, AS AMENDED, AND REESTABLISHING THE COUNTY GOVERNMENT PRODUCTIVITY COMMITTEE; CHANGING MEMBERSHIP AND QUORUM REQUIREMENTS OF THE COMMITTEE There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 4:34 p.m. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS I~XI~D~ER ITS CONTROL JAMES D. CARTER, Ph.D., CHAIRMAN DWIGHT:E?BROCK, CLERK ' "'-Attes. t ii' to Cl~ trmn' s These minutes approved by the Board on as presented ~// or as corrected Page 229 June 26, 2001 TRANSCRIPT PREPARED ON BEHALF OF DONOVAN COURT REPORTING, INC., BY MARGARET SMITH, RPR, and BARBARA DRESCHER, NOTARY PUBLIC Page 230