BCC Minutes 09/11/2001 RSeptember 11,2001
TRANSCRIPT OF THE MEETING OF THE
BOARD OF COUNTY COMMISSIONERS
Naples, Florida, Tuesday, September 11,2001
LET IT BE REMEMBERED, that the Board of County
Commissioners, in and for the County of Collier, having conducted
business herein, 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 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.
Pamela S. MactKie
Jim Coletta
Donna Fiala
Tom Henning
ALSO PRESENT:
Thomas Olliff, County Manager
David Weigel, County Attorney
Page 1
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA
September 11, 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
1
September 11, 2001
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.
INVOCATION AND PLEDGE OF ALLEGIANCE
A. Reverend Meredith McMillan, Golden Gate United Methodist Church
1,
AGENDA AND MINUTES
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B.
C.
D.
Approval of today's regular, consent and summary agenda as amended
Approval of July 30, 2001 Workshop Meeting
Approval of July 31,2001 Regular Meeting
Approval of August 1, 2001 Workshop Meeting
PROCLAMATIONS
Ao
To proclaim the month of September as "Childhood Cancer and Blood
Disorder Awareness Month". Proclamation to be accepted by Klair M.
Snellbaker, Executive Director/Founder of Candlelighters of Southwest
Florida, Inc.
Bo
Proclamation to recognize the week of September 17-21,2001 as "Industry
Appreciation Week". Proclamation to be accepted by Susan Pareigis,
President of the Economic Development Council of Collier County.
Proclamation recognizing that August 9th and 10th were proclaimed
Community Forum Days in the City of Naples, urging all residents to
promote and preserve all citizens' civil rights. Proclamation to be accepted
by Victor A. Valdes, Chief Editor, Las Naciones News.
De
Proclamation that Collier County supports the Citizens For Fair
Redistricting in their efforts to ensure that during the redistricting process
Collier County be aligned with its contiguous west-coast counties and
communities of interest. Proclamation to be accepted by Chuck Mohlke and
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September 11, 2001
Mike Carr, Co-chairs for the Citizens For Fair Redistricting.
E. Proclamation to designate October 2, 2001 as "Collier County Walk Our
Children to School Day". Proclamation to be accepted by Jill Brown, MPO
Bicycle and Pedestrian Coordinator.
SERVICE AWARDS
Five Year Attendees:
1) Ronald Smith, Wastewater
2) Idalberto Hernandez, Fleet Management
3) Raul Llorca, Road and Bridge
4) Marcelino Labra-Ramirez, Parks and Recreation
5) Shirley Kenney, Domestic Animals
Ten Year Attendees:
1) William Combs, Water Department
Fifteen Year Attendees:
1) Leo Ochs, Public Services
2) Marc Stephenson, Water Department
3) Bobby Paul, Wastewater
4) Jon Flomerfelt, Wastewater
5) Jesse Komorny, Water Department
Twenty Year Attendees:
1) Daniel O'Brien, Road and Bridge
5. PRESENTATIONS
A. Presentation to recognize Martha Skinner for her dedicated service to the
citizens of Collier County and honor her with September 11,2001 as
"Martha Skinner Day".
6. PUBLIC PETITIONS AND COMMENTS ON GENERAL TOPICS
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September 11, 2001
A. Public Petition regarding Interchange at Golden Gate Parkway.
7. BOARD OF ZONING APPEALS
Am
THIS ITEM HAS BEEN CONTINUED TO THE SEPTEMBER 25,
2001 MEETING. This item requires that all participants be swom in and ex
parte disclosure be provided by Commission members. Petition VA-2001-
AR-979, Terrance Kepple, of Kepple Engineering, representing Shader-
Lombardo Properties, LLC, requesting a 12.1 foot variance from the
Vanderbilt Villas PUD required distance between structure setback of 20
feet to 7.9 feet for property located at 515 Roma Court, further described as
Lot 22, Vanderbilt Villas, in Section 21, Township 48 South, Range 25 East,
Collier County, Florida.
8. ADVERTISED PUBLIC HEARINGS
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This item requires that all participants be sworn in and ex parte disclosure be
provided by Commission members. PUDZ-2001-AR-383, Dwight Nadeau
of McAnly Engineering and Design, Inc., representing Mike Bozzo, Sr.,
requesting a rezone from "C- 1" and "C-l/ST" to "PUD" Planned Unit
Development to be known as Park Central North PUD for a maximum of
36,000 sq. ft. of commercial office uses for property located in the Northeast
quadrant of the intersection of Pine Ridge Road and Airport-Pulling Road
approximately 1000 feet North of Pine Ridge Road, in Section 12, Township
49 South, Range 25 East, Collier County, Florida, consisting of 3.78+ acres.
Be
THIS ITEM HAS BEEN CONTINUED TO THE OCTOBER 9, 2001
MEETING. This item requires that all participants be sworn in and ex parte
disclosure be provided by Commission members. Petition PUDA-2001-AR-
500, R. Bruce Anderson, Esquire of Young, VanAssenderp, Varnadoe and
Anderson, P.A. representing the Skinner and Broadbent Development
Company, Inc., contract purchaser, requesting to repeal the current Falling
Waters Beach Resort PUD and to adopt a new PUD for the purpose of
adding self-storage (SIC #4225) to the list of permitted uses and removing
some of the permitted uses including restaurants, fast food restaurants, food
markets and automobile service stations from the community commercial
tracts of the PUD. The subject property is located in the East side of Collier
Boulevard (CR 951) approximately 400 feet North of Tamiami Trail and
Collier Boulevard intersection, in Section 3, Township 51 South, Range 26
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September 11, 2001
East, Collier County, Florida, the Falling Water PUD consists of 74.37
acres, the community commercial tracts consist of 4+ acres.
Co
Recommendation that the Board of County Commissioners adopt a
Resolution approving the preliminary assessment roll as the final assessment
roll and adopting same as the non-ad valorem assessment roll for purposes
of utilizing the uniform method of collection pursuant to Section 197.3632,
Florida Statutes, for Solid Waste District No. 1 Municipal Service Benefit
Unit Special Assessment levied against certain residential properties with the
unincorporated area of Collier County pursuant to Collier County Ordinance
90-30 as amended.
Do
Recommendation that the Board of County Commissioners adopt a
Resolution approving the preliminary assessment roll as the final assessment
roll and adopting same as the non-ad valorem assessment roll for purposes
of utilizing the uniform method of collection pursuant to Section 197.3632,
Florida Statutes, for Solid Waste District No. 2 Municipal Service Benefit
Unit Special Assessment levied against certain residential properties with the
unincorporated area of Collier County pursuant to Collier County Ordinance
90-30 as amended.
E. This item has been deleted.
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Approval of Ordinance No. 2001-~
Character Council.
establishing a Community of
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THIS ITEM HAS BEEN CONTINUED TO THE SEPTEMBER 25,
2001 MEETING. This item requires that all participants be sworn in and ex
parte disclosure be provided by Commission members. Petition PUDZ-
2001-AR-432, Karen Bishop of PMS, Inc. of Naples, representing Kenco
Development Inc., requesting a rezone from "PUD" to "PUD" Planned Unit
Development known as Indigo Lakes PUD and "A" Rural Agricultural to
"PUD" Planned Unit Development to be known as Indigo Lakes PUD for
the purpose of increasing acreage from 140.85 acres to 181.37 acres and
reducing density from 3.14 to 2.43 units per acre for a maximum of 442
residential dwelling units, for property located on Collier Boulevard (CR
951), south of the existing Oak Ridge Middle School, in Section 27,
Township 48 South, Range 26 East, Collier County, Florida.
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September 11, 2001
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THIS ITEM HAS BEEN CONTINUED TO THE SEPTEMBER 25,
2001 MEETING. This item requires that all participants be sworn in and ex
parte disclosure be provided by Commission members. Petition PUDA-
2001-AR-702, Margaret Perry, AICP, of Wilson Miller Inc., representing
Eagle Creek Properties Inc., requesting an amendment to the Eagle Creek
PUD having the effect of amending the PUD document to allow self storage
facilities and related accessory structures for the exclusive use of Eagle
Creek residents as a permitted use, for property located at 401 Tower Road,
in Section 3, Township 51 South, Range 26 East, Collier County, Florida,
consisting of 298+ acres.
Adoption of an Ordinance amending Chapter 74 of the County's Code of
Laws and Ordinances, as previously amended by Ordinance No. 2001-13
(The Collier County Consolidated Impact Fee Ordinance).
Je
Recommendation to amend Ordinance No. 96-40 by adopting certain new
personnel policies and modifying several existing personnel policies.
BOARD OF COUNTY COMMISSIONERS
Appointment of Commissioners to serve on the Value Adjustment Board
and set tentative dates for the hearings.
B. Appointment of member to the Collier County Planning Commission.
C. Appointment of member to the Golden Gate Estates Land Trust Committee.
De
Appointment of member to the Golden Gate Beautification Advisory
Committee.
E. Appointment of members to the Collier County Airport Authority.
Fo
Appointment of members to the Immokalee Enterprise Zone Development
Agency (EZDA).
G. Appointment of member to the Contractors' Licensing Board.
He
Appointment of members to the Community Character/Smart Growth
Advisory Committee.
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September 11, 2001
10. COUNTY MANAGER'S REPORT
Brief summary of site visits to Solid Waste Facilities. (Jim Mudd, Public
Utilities Administrator)
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2002 Tourism Agreement between Collier County and the Marco Island
Film Festival, Inc., regarding the October 2002 Event. (Jane Eichhorn, TDC
Coordinator, HUI)
Ce
Review the Tourist Tax Funding request from the Marco Island Historical
Society, Inc., for FY 02. (Jane Eichhom, TDC Coordinator, HUI)
De
Request by Deborah Joudrey, representing Willoughby Acres Property
Owners Association, for a waiver of right-of-way permit fees for
landscaping. (Fred Reischl, Principal Planner, Planning Services)
E. This item has been deleted.
Fe
Request by the United Arts Council of Collier County for the Board of
County Commissioners to consider financial support for the Council to
conduct a Cultural Needs Assessment and Strategic Plan. (Leo Ochs, Public
Services Administrator)
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Adoption of Collier County's 2001-2002 Legislative Agenda. (Beth Walsh,
Assistant to the County Manager)
He
Recommendation that the Board of County Commissioners adopt the
attached Resolution opposing the further devolution of human services from
the State of Florida to Local Governments and Communities until such time
as a study of such can be conducted. (Thomas W. Olliff, County Manager)
11. AIRPORT AUTHORITY
12.
COUNTY ATTORNEY'S REPORT
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Recommendation that the Board approve a settlement in the Case of Truly
Nolen v. Collier County, Case No. 01-1870CA, Twentieth Judicial Circuit in
and for Collier County, Florida. (David Weigel, County Attorney)
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September 11, 2001
13.
14.
OTHER CONSTITUTIONAL OFFICERS
STAFF AND COMMISSION GENERAL COMMUNICATIONS
15.
FUTURE AGENDAS
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Resolution regarding Collier County's opposition to lowering the speed limit
and/or restricting the use by commercial vehicles on the Tamiami Trail
between Naples and Miami. (Commissioner Coletta)
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.
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COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1)
2)
2002 Interlocal Tourism Agreement between Collier County and the
City of Naples regarding the Fourth of July Festival.
2002 Tourism Agreement between Collier County and the Naples
Botanical Gardens.
3)
4)
5)
6)
Request to approve for recording the final plat of "Masters Reserve"
and approval of the standard form Construction and Maintenance
Agreement and approval of the amount of the Performance Security.
Final acceptance of Water Utility Facilities for Crystal Lake Terraces
at Eagle Creek, Phase 1.
Approve a Budget Amendment to recognize the State Fiscal Year
2002 State Housing Initiative Partnership (SHIP) allocation, recognize
additional carry-forward and establish project numbers in the
Affordable Housing Trust Fund.
Request to approve for recording the final plat of"Pebblebrooke
Lakes Phase 3B".
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September 11, 2001
7)
Recommendation that the Board of County Commissioners adopt a
Resolution authorizing the Director of the Code Enforcement
Department to utilize the services of a collection agency for the
collection of code enforcement fines, to compromise and settle code
enforcement fines/liens under specified conditions and not exceeding
$15,000.00 to execute settlement agreements effectuating such
compromise in settlement, to execute and record satisfactions of lien
and satisfactions of judgment and to perform such acts incidental to
settlement of these code enforcement lien collection efforts.
8)
9)
10)
12)
13)
14)
15)
Request to approve for recording the final plat of"Serafina at
Tiburon" and approval of the Standard Form Construction and
Maintenance Agreement and approval of the amount of the
performance security.
Recommendation that the Board of County Commissioners adopt a
Resolution and approve a letter and nomination form to nominate the
Immokalee Community for the Round III Empowerment Zone
Program.
Request to grant Final Acceptance of the roadway, drainage, water
and sewer improvements for the final plat of "Carson Lakes".
Request to grant Final Acceptance of the roadway, drainage, water
and sewer improvements for the final plat of "Sawgrass of Naples".
Approve amended Special Event Application.
Adopt Resolutions enforcing liens on properties for Code Violations.
Approve Tourist Development funding for a Parks and Recreation
Special Event - Country Jam May 4-5, 2002.
Approve Tourist Development funding for a Parks and Recreation
Special Event - A Latin Music Festival November 2001.
TRANSPORTATION SERVICES
1)
Approve an agreement between the Ocean Boulevard Partnership,
Ocean Boulevard Partnership II and Collier County regarding
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September 11, 2001
2)
3)
4)
5)
6)
maintenance for street light system on a segment of Creekside
Boulevard lying between Creekside PUD and US 41.
Approval and execution of a lease agreement between Collier County
and Pelconcepts Inc., for office space to be utilized by the
Transportation Planning Department.
Recommendation that the Board of County Commissioners approve
the Consent to Use Agreement between the Bay Colony Community
Association and Collier County for a portion of the Water
Management Easement for construction of a service road.
To approve the award of a construction contract to the lowest bidder,
Florida State Underground, for the intersection improvements at
Radio Road and Davis Boulevard (SR 84). The Bid No. for the
project is 01-3269.
Resolution of the Collier County Board of Commissioners approving
the expenditures of funds for activities and incentive prizes for
children active in the Walk our Children to School Day.
Approve request to initiate alternative dispute resolution procedures of
binding arbitration and pre-suit mediation in County construction
contracts.
7)
Approve Amendment No. 1 to the contract for professional
engineering services by RWA, Inc. for Golden Gate Parkway six-
laning design from Airport Road to Santa Barbara Boulevard, Project
No. 60027.
8)
9)
10)
Approve a Budget Amendment for sidewalk and material testing of
structure appurtenances for the 13th Street SW Bridge Project.
Request Board waive daily right-of-way inspection fee for installation
of force main lines along Chokoloskee Causeway by the City of
Everglades.
Approve a Donation Agreement and accept a drainage easement from
Douglas W. Fox and Nancy Sue Edwards.
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September 11, 2001
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11)
Approve a Purchase Order to the City of Naples Airport Authority
(NAA) for Airport Road turn lane safety improvements.
i2)
Request Board approval to transfer funds in the amount of $250,000
to the Collier County Airport Authority to assist in funding roadway
improvements for the Immokalee Airport.
PUBLIC UTILITIES
1)
Approval of a Budget Amendment to provide sufficient funds for the
September payment for mandatory trash collection services.
2)
Approve a Resolution identifying the pledged revenues and
authorizing the Public Utilities Administrator to execute any state
revolving fund loan amendments.
3)
Approve Resolution supporting continued Federal Funding of coastal
projects.
4)
Approve Work Order #VB-01-01 with Vanderbilt Bay Construction
Inc. for construction of an addition to the Administration Building at
the South County Water Reclamation Facility, Contract 99-2334,
Project 73069.
5)
Approve a Change Order to Contract No. 00-3181, Collier Bay
Entrance Dredging, Project No. 10258.
6)
Approve a Budget Amendment for the North County Water
Reclamation Facility for $163,000 to be transferred from reserves to
cover increased costs for chemicals, electricity and wastewater sludge
hauling.
7)
Amend Professional Services Agreement for design and
implementation of 30-inch parallel sewer force main on Immokalee
Road, Contract 98-2790, Project 73943.
8)
Approve a Consent Order with the State of Florida Department of
Environmental Protection regarding the Collier County Beach
Restoration Project.
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September 11, 2001
9)
Award Bid #01-3249 for the purchase of aluminum sulfate for the
Wastewater Department's Water Reclamation Facilities.
Approve purchase of sodium chlorite based on quotations in excess of
the $25,000 competitive bid threshold.
Approve sole source acquisition of services for data conversion,
modification design, and implementation assistance for the new
Utility/Billing Customer Service, Work Order and Inventory Control
Software.
12)
13)
Authorize purchase of Hersey Water Meters in excess of $25,000
from sole authorized distributor Hughes Supply Company.
Approve Tourist Development Category "A" funding applications for
FY01/02.
PUBLIC SERVICES
1)
Approval of Work Order No. WD-045 for installation of Vineyards
Community Park Effluent Irrigation Project.
2)
Approval of a Resolution authorizing expenditure of funds for the
United Way of Collier County campaign activities.
3)
Approve Florida Recreation Development Assistance Program Project
Grant Agreement between Collier County and State of Florida for
improvements at Airport Park in Immokalee.
4)
Approve a Purchase Agreement to allow for a walkway, bike path and
green space to be constructed for recreational purposes.
s)
Award of Bid 01-3242 for the construction of concessions building at
Tigertail Beach.
6)
Approve name change for 951 Boat Ramp to Collier Boulevard
Boating Park.
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September 11,2001
7)
8)
9)
lO)
Recommendation to transfer funds from Operating Expenses to
Personal Services and create corresponding County positions.
Approve committee shortlist selection of firms for contract
negotiations for construction management at Risk Services for North
Naples Regional Park (RFP #01-3189).
Roberts Ranch FL Department of State, Division of Historical
Resources Grant.
Approval of the Grant Agreement accepting a Public Library
Construction Grant to enlarge the Immokalee Branch Library.
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SUPPORT SERVICES
1)
Approve agreements to license and implement new Financial
Management System Solution (RFP 00-3188).
2)
Approval of the Collier County Government Equal Employment
Opportunity Plan.
3)
Approval of a Budget Amendment to the Group Health Plan in the
amount of $1,800,000 recognizing additional premium revenue and
increasing budgeted expenditures for insurance claims, reinsurance
and consultants fees through September 30, 2001.
4) Authorize acceptance of State funding for voting systems.
5)
Recommendation to adopt the 2002 Fiscal Year Pay and
Classification Plan, pursuant to Section 125.74 (1) (h), Fla. Stat.
6)
Approve a Budget Amendment in FY2001 to decrease reserves and
appropriate expenses in the Motor Pool Capital Recovery Fund (522)
to provide collateral for early order of specified FY2002 new vehicle
requirements and take advantage of early order discount incentives.
7) Approval of Maintenance Agreement for Sprint provided services.
EMERGENCY SERVICES
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September 11, 2001
1)
2)
3)
4)
5)
6)
Adopt a Resolution authorizing the acceptance of an agreement
between the State of Florida, Department of Community Affairs and
Collier County for funds to be used for shelter enhancement at Golden
Terrace and Big Cypress Elementary Schools and approve a Budget
Amendment to recognize and appropriate revenue.
Approval of an agreement between Collier County and Dr. Marta U.
Cobum, MD, Florida District Twenty Medical Examiner for Collier
County, Florida doing business as District Twenty Medical Examiner.
Approval of a contract between Collier County and Robert Boyd
Tober, Inc., for Medical Consulting Services as Medical Director for
the Emergency Medical Services Department.
Approval of an agreement between Collier County and the State of
Florida, Department of Community Affairs for the review and update
of hazardous analyses at designated facilities within Collier County
that posses extremely hazardous substances at or above the threshold
planning quantity.
Board approval of Budget Amendment to recognize additional carry
forward and appropriate expenditures.
Approval of a Resolution amending the Collier County Ambulance
Service User Fees.
COUNTY MANAGER
1) Summary of Consent and Emergency Agenda Items approved by the
County Manager during the Board's Scheduled Recess.
AIRPORT AUTHORITY
1)
2)
Approving minor amendment to text of deed of conservation
easement related to the Immokalee Regional Airport.
Approval of a Supplemental Grant for improvements to the T-Hanger
Project at the Marco Island Executive Airport.
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September 11, 2001
3)
Approval of a Supplemental Grant to complete the T-Hanger Project
at the Marco Island Executive Airport.
4)
Recommendation to authorize the Board's Chairman to execute a
Resolution and a "Memorandum of Understanding" related to the
Deltona Settlement Agreement of 1982 and the Marco Island
Executive Airport.
5)
Approval of a Supplemental Grant for Improvements to the Parking
Lot Project at the Marco Island Executive Airport.
6)
Request approval to retire the $500,000 Tax Exempt Commercial
Paper Loan.
BOARD OF COUNTY COMMISSIONERS
MISCELLANEOUS CORRESPONDENCE
1)
Certificate of Correction, Recommend Approval; Satisfaction of Lien:
Need Motion authorizing the Chairman to sign Satisfaction of Lien for
Services of the Public Defender for Case Nos.: 86-675-CFA,
Recommend Approval; miscellaneous items to file for record with
action as directed; Payment of Publication Notices for Unclaimed
Funds by Clerk of Courts.
OTHER CONSTITUTIONAL OFFICERS
1)
Accept a Civil Traffic Infraction Hearing Officer Grant-in-Aid of
$10,246 from the Office of the State Court Administrator and
authorize Chairman to sign the amendment.
2)
Request Board authorization and expenditures of funds for the
purchase and upgrade of telecommunications equipment to integrate
the newly purchased building at 2373 Horseshoe Drive.
3)
Authorize acceptance of state funding for voter education and poll-
worker recruitment and training.
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September 11, 2001
4)
5)
Approval of Budget Amendment to recognize carryforward in the
Confiscated Property Trust Fund
Request the Board of County Commissioners approve a Budget
Amendment transferring funds from general fund reserves to the
Sheriff' s office budget.
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COUNTY ATTORNEY
1)
Recommendation that the Board of County Commissioners approve
the settlement in Collier County v. National Union Insurance
Company of Pittsburgh Pennsylvania and AIG Claims Services Inc.,
Case No. 00-2305-CA, now pending in the Twentieth Judicial Circuit
in and for Collier County, Florida, for $16,000. Said settlement was
arrived at during settlement negotiations.
2)
Request by the Collier County Industrial Development Authority for
approval of a Resolution authorizing the authority to issue revenue
bonds to be used to finance manufacturing facilities for Naples
Lumber and Supply Company (Naples Lumber).
3)
Recommendation that the Board of County Commissioners authorize
the County's application for Tax Deeds for a total of 7 County-Owned
Tax Certificates, pursuant to § 197.502(3), Fla. Stat., and authorize the
forwarding of a notice to proceed with tax deed applications to the
Tax Collector.
4)
Adopt a Resolution formally accepting a certain parcel of land
previously conveyed by the Florida Department of Transportation
within the Unincorporated Area of Collier County.
5)
Recommendation that the Board of County Commissioners approve
the settlement in Kelly v. Collier County, prelitigation, but after notice
of claim, pursuant to which the County would pay $15,000 and all
claims against the County would be released, said $15,000 settlement
was arrived at during settlement negotiations and prior to the
institution of suit.
6)
Approve the Stipulated Final Judgment relative to the easement
acquisition of Parcel 349/349T in the Lawsuit entitled Collier County
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September 11, 2001
7)
8)
9)
11)
v. Kenneth Christie, et al, (Golden Gate Boulevard, Project No.
63041).
Request by the Collier County Educational Facilities Authority for
approval of a Resolution authorizing the Authority to issue Revenue
Bonds to be used for Finance Educational Facilities for International
College.
Approve the Stipulated Final Judgment as to Parcels 114A and 114B
in the Lawsuit entitled Collier County v. William Kramer, et al, Case
No. 99-3685-CA (Golden Gate Boulevard).
Approve the Stipulated Final Judgment relative to the condemnation
of Parcel No. 99/915 in the Lawsuit styled Collier County v. Anthony
D 'Antuono, et al, Case No. 91-3983-CA.
Recommendation that the Board of County Commissioners approve
and execute a Satisfaction of Lien arising out of an order imposing
fine/lien in Code Enforcement Board case entitled Board of County
Commissioners v. Mark G. Geatches.
Recommendation that the Board of County Commissioners approve
the settlement in Daly v. Duchess Condominium Assoc., Inc., and
Board of County Commissioners of Collier County, Case No. 99-
O131-CA, now pending in the Twentieth Judicial Circuit in and for
Collier County, Florida, pursuant to which the County would be
dismissed with prejudice. Said $31,100 settlement was arrived at
during a Mediation of the matter.
Approve the Stipulated Final Judgment relative to the condemnation
of Parcel No. 126 in the Lawsuit styled Collier County v. Anthony F.
dancigar, as Trustee, et al, Case No. 00-0142-CA, Project 60111.
Recommendation that the Board of County Commissioners authorize
the Office of the County Attorney and the Risk Management
Department, pursuant to Resolution No. 95-632, to retain an
attorney/law firm to represent Parks and Recreation Director Marla
Ramsey in her individual capacity in the Lawsuit of Stauffer v. Collier
County, Case No. 01-3051-CA, in the Twentieth Judicial Circuit in
and for Collier County, Florida and exempt the retention of said
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September 11, 2001
17.
attorney/law firm from any requirements for formal competition that
may be applicable.
SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC
HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A
RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS
RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY
PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF
ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL
OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER
COUNTY PLANNING COMMISSION, OTHER AUTHORIZING
AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF
THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE
HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN
OPPOSITION TO THE ITEM.
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This item requires that all participants be sworn in and ex parte disclosure be
provided by Commission members. Petition SNR-2001-AR-997, Collier
County Community Development and Environmental Services, representing
Collier County, requesting a street name change for a portion of Antigua
Street to Samar Lane, located in Isles of Capri No. 3, in Section 32,
Township 51 South, Range 26 East.
Be
This item requires that all participants be sworn in and ex parte disclosure be
provided by Commission members. VA-2001-AR-1138, Armando Parra Jr.
representing Antonio Alfaro, requesting a 3.93 foot after-the-fact variance
from the required 30-foot front yard setback to 26.07 for property located at
2272 52nd Lane SW, further described as Lot 2, Block 211, Golden Gate
Unit 6, in Section 21, Township 49 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 CCSL-2001-1, Ilene Barnett, of
Coastal Engineering Consultants Inc., representing the Registry Resort,
requesting a Coastal Construction setback line variance to allow construction
of dune walkovers, designated areas for beach concession storage, and
pathways landward of the beach, located at the Collier County Clam Pass
Park (See Exhibit A for Legal Description), Section 8, Township 49 South,
Range 25 East, Collier County, FL.
18
September 11, 2001
Ordinance amending Collier County Ordinance No. 72-1, as amended,
which created the Collier County Lighting District by deleting Moon Lake
Units 1 and 2 from the Collier County Lighting District; providing for
inclusion in Code of Laws and Ordinances; providing conflict and
severability; providing an effective date.
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383.
19
September 11, 2001
September 11, 2001
CHAIRMAN CARTER: Good morning, Commissioners. Good
morning, staff. Good morning, ladies and gentlemen. Welcome to
the Collier County Board of County Cormnission meeting this
September 1 lth. It is 9 a.m. If you would join me in the invocation
and pledge of allegiance, the invocation this morning is by Reverend
Meredith McMillan of Golden Gate United Methodist Church. MS. McMILLAN: Would you pray with me.
Oh, gracious God, we give you thanks for this community which
we call home, and we ask your continued blessings be poured out
upon us and upon our leaders. Grant us a spirit of unity, compassion,
justice, and peace. Grant that these who lead us would have your
wisdom. Guide and direct them that the decisions and actions that
they make would help us all to reach our highest potential. These
things we pray in your name. Amen. (Chorus of Amens.)
(The Pledge of Allegiance was recited in unison.)
Item #2A
CONSENT, SUMMARY AND REGULAR AGENDA-
APPROVED AND/OR ADOPTED WITH CHANGES
CHAIRMAN CARTER: Mr. Olliff, are you ready to walk us
through the changes?
MR. OLLIFF: Yes, sir. Good morning, Mr. Chairman. Good
morning, Commissioners. Welcome back.
CHAIRMAN CARTER: Thank you. It's a pleasure to be here.
MR. OLLIFF: I hope we're all rested and ready to hit it. We've
got a small list of changes that I'll walk you through this morning for
the agenda.
Page 2
September 11, 2001
(Interruption by cell phone ringing.)
MR. OLLIFF: The first thing would probably be a reminder to
the public that if you've got a cell phone, we would ask that you put it
on vibrator.
CHAIRMAN CARTER: Thank you, Mr. Olliff.
MR. OLLIFF: The second item on your change list is adding
Item 5-B, which is a presentation to the World Champions Naples
Braves softball team. Due to classroom schedules, we're requesting
that that item be heard at a time specific of twelve noon.
Item 8-1, which is an adoption of an ordinance amending the
county's consolidated impact fee ordinance, has been requested to be
continued. Item 8-1 will be continued.
Just a little scheduling note, Commissioner Coletta has
requested that we hear Item 10-H under the county manager's portion
of the agenda, which has to do with your legislative agenda, priOr to
hearing Item 10-G which is the balance of your legislative agenda.
The first is an issue regarding the devolution of state services down to
local governments, and then the second is it the balance of your
legislative delegation items.
There's an addition of Item 10-K. That's a request from the
Marco Island Film Festival to utilize the CAT bus system for their
event. There's also an additional note that this item would be heard
in conjunction with Item 10-B, as in boy. That is a similar item. It's
a request from the Marco Island Film Festival for annual funding.
There are two items being requested to be moved from your
consent agenda. Item 16-A-2 would become Item 10-I. That's the
2002 Tourism Agreement between Collier County and the Naples
Botanical Gardens. That move is being made at the request of
Commissioner Mac'Kie. Item 16-B-11 is being moved to become
10-J.
COMMISSIONER MAC'KIE: Actually, that became
Page 3
September 11, 2001
unnecessary.
MR. OLLIFF: Okay.
COMMISSIONER MAC'KIE: I got some information from
staff.
CHAIRMAN CARTER: I'll take it out.
MR. OLLIFF: The next item is a continuance of Item 16-F off
of your consent agenda. We're requesting that that item be moved to
the October 23rd BCC meeting. That's an approval of a resolution
amending some Collier County ambulance service user fees.
The last change on your list, Mr. Chairman, is an addition to
your consent agenda. It's 16-G-1. This is an item that was approved
in the board's absence to indemnify a defense and hold-harmless
agreement between Collier County and Better Roads for the 5K run
that we held in conjunction with the opening of Livingston Road.
Mr. Chairman, with that, I think I've worked my way through all
the changes to your agenda this morning.
CHAIRMAN CARTER: Thank you, Mr. Olliff.
Mr. Weigel.
MR. WEIGEL: Thank you, Mr. Chairman. I just have one
change for the record, and that's in regard to Item 16-C-2 on your
consent agenda. It has to do with authorization regarding a state
revolving fund, wastewater facilities loan application. I would like to
have the loan application document placed in the record. Your
approval of the resolution on the agenda item is an approval of the
loan application to go forward with authorization for administrative
assistance from Mr. Mudd. We would ask that the resolution in the
agenda package have a few additional words added for the protection
of all: "subject to county attorney approval." It's for 16-C-2.
CHAIRMAN CARTER: Mr. Mudd is indicating he is
comfortable with that. I would say, "Let's do it." We are okay,
Mr. Weigel?
Page 4
September 11,2001
MR. WEIGEL: Yeah, that's fine.
CHAIRMAN CARTER: Thank you.
MR. WEIGEL: Thank you.
CHAIRMAN CARTER: Commissioner Henning.
COMMISSIONER HENNING: None, sir.
CHAIRMAN CARTER: Commissioner Mac'Kie.
COMMISSIONER MAC'KIE: I need to make a record of my
abstention from consent agenda Item 16-A-6. It's a plat for a person
that we affectionately refer to at my house as the LRC, my last
remaining client.
CHAIRMAN CARTER: Okay. Commissioner Coletta.
COMMISSIONER COLETTA: No, sir.
CHAIRMAN CARTER: Commissioner Fiala.
COMMISSIONER FIALA: I also have an abstention. Let me
see -- or at least I've heard from somebody. Oh, my goodness.
CHAIRMAN CARTER: I didn't see that one on the agenda.
COMMISSIONER FIALA: I'm sorry this is taking me so long.
This is on the Isle of Capri. I just wanted to say that I had something
to do with -- I listened to the Isle of Capri residents on changing the
road name from Antigua to --
CHAIRMAN CARTER: Whatever it is --
COMMISSIONER FIALA: -- what it is going to be, right.
CHAIRMAN CARTER: And that's on the consent agenda,
ladies and gentlemen. What Commissioner Fiala is doing is
disclosing she had a meeting with those people and had that
discussion.
COMMISSIONER FIALA: Yes.
CHAIRMAN CARTER: It's duly noted for the record. I have
no changes. Do we have any public speakers on the consent agenda?
MR. OLLIFF: No, sir.
COMMISSIONER FIALA: Aren't you going to ask Mr.
Page 5
September 11, 2001
Coletta?
CHAIRMAN CARTER: I asked Mr. Coletta, and he said he
didn't have anything.
COMMISSIONER COLETTA: That's correct. You did, and I
don't.
COMMISSIONER MAC'KIE: I make a motion to approve the
agenda and consent and summary agenda with the changes noted.
COMMISSIONER COLETTA: Second.
CHAIRMAN CARTER: We have a first and a second. We have
no public speakers. All in favor signify by saying aye.
(Unanimous response.)
CHAIRMAN CARTER:
(No response.)
CHAIRMAN CARTER:
Opposed by the same sign.
Motion carries 5-0.
Page 6
AGENDA CHANGES
BOARD OF COUNTY COMMISSIONERS' MEETING
September 11, 2001
ADD ITEM 5 (B) TIME CERTAIN 12:00 NOON: Presentation to World
Champions Naples Braves Softball Team. (Staff request.)
CONTINUE INDEFINITELY: Item 8(I) Adoption of an Ordinance amending
Chapter 74 of the County's Code of Laws and Ordinances, as previously
amended by Ordinance No. 2001-13 (The Collier County Consolidated
Impact Fee Ordinance). (Commissioner Henning Request)
ITEM 10(H) TO BE HEARD PRIOR TO 10(G) (Commissioner Coletta
request.)
ADD ITEM 10 (K): A request from the Marco Island Film Festival to utilize
the CAT bus system for the event. (This item will be heard in conjunction
with Item 10 (B).) (Staff request.)
MOVE: Item 16(A)2 to 10(I) 2002 Tourism Agreement between Collier
County and the Naples Botanical Gardens. (Commissioner Mac'Kie
request.)
MOVE: 16(B)11 to 10J Approve a Purchase Order to the City of Naples
Airport Authority (NAA) for Airport Road turn lane safety improvements.
(Commissioner Mac'Kie request.)
CONTINUE ITEM 16 (F) 6 TO OCTOBER 23, 2001 BCC MEETING: Approval
of a Resolution amending the Collier County Ambulance Service User Fees.
(Staff request.)
ADD: Item 16-G-1 (Approved in Board's absence) Indemnify, Defense and
Hold Harmless Agreement between Collier County and Better Roads, Inc.
for the 5K Fun Run held August 25, 2001, on the Livingston Road right-of-
way between Golden Gate Parkway and Radio Road. (Staff request.)
September 11, 2001
Item #2B, 2C and 2D
MINUTES OF THE JULY 30, 2001 WORKSHOP MEETING,
JULY 31,2001 REGULAR MEETING AND AUGUST 1,2001
WORKSHOP MEETING- APPROVED AS PRESENTED
COMMISSIONER MAC'KIE: I make a motion to approve the
minutes of July 30, 31, and August 1,2001.
COMMISSIONER FIALA: I'll second that.
CHAIRMAN CARTER: I have a motion by Commissioner
Mac'Kie, seconded by Commissioner Fiala. All in favor signify by
saying aye.
(Unanimous response.)
CHAIRMAN CARTER:
(No response.)
CHAIRMAN CARTER:
Opposed by the same sign.
Motion carries.
Item #3A
PROCLAMATION RECOGNIZING SEPTEMBER AS
"CHILDHOOD CANCER AND BLOOD DISORDER
AWARENESS MONTH"- ADOPTED
That takes us to Proclamations, A, Mr. Coletta, for the
childhood cancer and blood disorder awareness month.
COMMISSIONER COLETTA: Thank you, Chairman Carter.
Is there anyone here from the Childhood Cancer and Blood Disorder
Awareness Month group?
MS. SNOWBAKER: Yes.
COMMISSIONER COLETTA: Thank you. Come on up.
Please come right up front here. We'll have you make a presentation
Page 7
September 11, 2001
afterwards.
CHAIRMAN CARTER: Turn right around and face TV land
and our photographer. You don't want to miss this photo op.
COMMISSIONER COLETTA: (As read:) "Whereas, Florida's
greatest resource and most cherished treasures are indeed our youth,
who truly have so much to offer...included in this population are
those children with special needs who suffer from childhood cancer
and blood-related diseases; and,
Whereas, while the research and treatment of today has extended
the lives and made a positive impact upon the life expectancy of
many of these children, and while the number of long-term survivors
is steadily increasing, it is essential that we work together as a people
and as a state to ensure that this trend continues on the upscale; and,
Whereas, dedicated organizations like Candlelighters remain
deeply committed to expanding the resources and education available
to families whose children have cancer or blood-related diseases; and,
Whereas, Florida, proud home to some of the finest medical
institutions in the world whose professional staff is presently at the
forefront in cancer research and other advances, is pleased to join in
recognition in applauding the valuable role which families of
childhood cancer and blood-disorder patients play in helping our
medical community to reach great heights in the name of caring.
Now, therefore, be it proclaimed by the Board of Collier County
Commissioners that the month of September 2001 be designated as
childhood cancer and blood disorder awareness month.
Done and ordered this 1 lth day of September 2001, James D.
Carter, Chairman."
I make that motion.
COMMISSIONER MAC'KIE: Second.
CHAIRMAN CARTER: We have a motion to accept the
proclamation and a second by Commissioner Fiala. All in favor
Page 8
September 11, 2001
signify by saying aye. (Unanimous response.)
CHAIRMAN CARTER: Motion carries.
(Applause.)
MS. SNOWBAKER: Good morning. I'd like to thank all of
you for once again supporting this important proclamation.
Childhood cancer remains a leading cause of death in children ages 2
to 14. This year 2,000 children will be diagnosed with cancer in
North America. That's the equivalent of two classrooms with 23
children being diagnosed with cancer.
Candlelighters of Southwest Florida has served this community
for the past 19 years. We support, we educate, and we provide
assistance to over 250 families in a five-county area. We thank you
for supporting Candlelighters. We hope to see your community more
involved in the fight against cancer.
Your local children right now must travel to Fort Myers to the
Children's Hospital of Southwest Florida because there's not a
pediatric oncologist in this area. They go to Miami if they don't go
there or to All Children's. It's time for your county to begin to look
and support the needs of your own children in your community.
Candlelighters is here to support them, and we thank you all for
the proclamation, and we hope this will continue. Thank you. THE COURT REPORTER: Your name, please.
MS. SNOWBAKER: Claire Snowbaker, executive director of
Candlelighters.
CHAIRMAN CARTER: Well, thank you so much for your
comments. We really appreciate that this morning. It just points up
another pressing need for this county.
Item #3B
Page 9
September 11, 2001
PROCLAMATION RECOGNIZING THE WEEK OF SEPTEMBER
17-21, 2001, AS "INDUSTRY APPRECIATION WEEK"-
ADOPTED
Proclamation B is Industry Appreciation Week.
CommissionerHenning.
COMMISSIONER HENNING: Thank you. Susan Pareigis
from the Economic Development Council of Collier County is here to
accept this proclamation, so here we go. (As read:)
"Whereas, industry in Collier County is vital to the community's
economic health; and,
Whereas, Collier County's existing industries are the key to a
prosperous future; and,
Whereas, the expansion of those industries accounts for the
majority of new job creation; and,
Whereas, Collier County industries help sustain our quality of
life, exemplify high standards of excellence, and a positive
responsible approach to economic diversification and community
enhancement; and,
Whereas, public knowledge of the contributions made by the
industry is essential to maintenance of good community-industry
relationships.
Now therefore, be it proclaimed by the Board of County
Commissioners of Collier County, Florida, that the week of
September 17-21,2001, be designated as Industry Appreciation
Week and urge all of our residents to salute our industries and their
employees for their contribution to the community. Done on this date,
September 11 th, 2001 ."
Mr. Chairman, I move that we accept this proclamation.
COMMISSIONER MAC'KIE: Second.
CHAIRMAN CARTER: I have a motion by Commissioner
Page 10
September 11, 2001
Henning and 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: Congratulations, Susan. What a
wonderful job you guys do. (Applause.)
MS. PAREIGIS: Good morning. Susan Pareigis, for the record,
with the EDC. I just want to say, briefly, thank you on behalf of the
20,000 businesses that have occupational licenses in Collier County.
We would recommend that you come to the Ritz-Carlton on
September the 19th at eleven o'clock and join us in saluting them.
Thank you very much.
CHAIRMAN CARTER: Okay. Thank you.
(Applause.)
Item #3C
PROCLAMATION RECOGNIZING AUGUST 9TM AND 10TM,
2001, AS COMMUNITY FORUM DAYS IN THE CITY OF
NAPLES- ADOPTED
CHAIRMAN CARTER: The next proclamation this morning is
to be read by Commissioner Mac'Kie. It's the Community Forum
Days in the City of Naples.
COMMISSIONER MAC'KIE: Is Mr. Valdes here today? Victor
Valdes. There he is. Victor, please come forward. If you don't
mind, I'll start reading as you're coming forward. This proclamation
reads (as read):
"Whereas, a Community Forum was held at the Collier County
Page 11
September 11,2001
Government Center to bring the entire community together to analyze
civil rights issues; and,
Whereas, when civil rights are violated, all citizens are affected;
and,
Whereas, it is of great importance to establish communication
among all sectors of our community and county officials; and,
Whereas, the civil rights of every citizen will be improved by
having better communication between the citizens of Collier County
and its officials.
Now therefore, the Board of County Commissioners of Collier
County, Florida, recognizes that August 9th and 10th were
proclaimed Community Forum Days in the City of Naples, and we
urge all residents to promote and preserve all citizens' civil rights.
Done and ordered this 1 lth day of September 2001, Board of
County Commissioners, James Carter, Chairman."
I move acceptance of this proclamation.
COMMISSIONER FIALA: Second.
CHAIRMAN CARTER: I have a motion by Commissioner
Mac'Kie, a second by Commissioner Fiala. All in favor signify by
saying aye.
(Unanimous response.)
CHAIRMAN CARTER: Opposed by the same sign.
(No response.)
CHAIRMAN CARTER: Motion carries. Congratulations.
MR. VALDES: I have something to present.
I have a petition. The forum was a real success. The sheriffs
department, including the sheriff himself, the City of Naples
represented by the mayor, and our very important citizens and
officers in Collier and Naples were present.
Personally I think that civil rights are improving in this county
very much. I feel happy every morning knowing that for 18 years. I
Page 12
September 11, 2001
have been hammering the iron, but now all the people are listening
and share the same opinion. We have the board, and we have the
City of Naples working with us. We have the sheriffs department
and the Naples police working on this endeavor.
Personally, I feel happy. We are reaching our goal of civil
rights. Our nation is the biggest nation in the world for civil rights,
and I can say this because I lived in Cuba for years where there are
no civil rights, no human rights, any rights. Sometimes we have some
mistakes here, but the system is perfect. You can be proof of the
system of our nation.
I want to give to the Board of Commissioners a plaque from the
2001 community forum for the help and assistance that we received
from the staff, administration, and the board for this today and the
forum.
CHAIRMAN CARTER: Thank you, Victor. It is a pleasure on
behalf of the Board of County Commissioners to accept this. And
thank you for your gracious words this morning.
Do you want to turn around here, Victor? We want to get your
-- we'll take your picture right here. Thank you.
MR. VALDES: Also, I want to give you two plaques, one for
Mr. Thomas Olliff who has helped us in this endeavor, and for Mr.
Ramiro Manalich, the Collier County chief assistant. He helped our
community too many years. He put too many hours of his life in this
in order to have the community link it to the Board of
Commissioners. He is a grand man, a great officer.
COMMISSIONER MAC'KIE: We agree.
(Applause.)
MR. VALDES: Where is Mr. Manalich?
COMMISSIONER MAC'KIE: He is right behind you.
MR. VALDES: Oh. Thank you very much.
CHAIRMAN CARTER: And thank you very much, sir.
Page 13
September 11, 2001
Victor, I really appreciate your words this morning. I think just
by a note that was handed me, this country will continue to meet
enormous challenges to protect our freedom and our people.
Two planes have just crashed into the World Trade Center in
New York, and they believe that it's a terrorist act on the United
States. We, as a nation, everywhere, I think, ought to thank God that
we are free, that we have the courage, or that we'll have the defenses
to maintain that freedom. So as we go through this meeting and we
listen to words like Victor just said, thank God we do have a country
where we can all work together to try to be the best that we can be.
COMMISSIONER MAC'KIE: Mr. Chairman, could we just
take a moment of silence, then, you know, for those -- for prayer or
whatever is appropriate for each of us for those people there at the
World Trade Center.
CHAIRMAN CARTER: I think it's appropriate. If we can do
that.
(Moment of silence observed.)
Item #3D
PROCLAMATION SUPPORTING THE CITIZENS FOR FAIR
REDISTRICTING- ADOPTED
CHAIRMAN CARTER: All right. Let us continue and get to
another very important part of maintaining this country. We have the
chairmen of both of the political parties here this morning to accept
this proclamation, Mr. Chuck Mohlke of the Democratic party and
Mr. Mike Carr of the Republican party.
This is the citizens for fair redistricting. It will be my pleasure
to read this proclamation. It's a little bit lengthy, so I will do this as
well as I can and as quickly as I can to establish how important it is in
Page 14
September 11, 2001
this redistricting effort that we stay united in Collier and Lee
Counties to preserve our integrity, to preserve the representation of
the people here, to be well developed in the United States Congress.
(As read:)
"Whereas, Article I, Section 2 of the United States Constitution
defines the obligation to reapportion the United States House of
Representatives following each decennial census according to their
respective numbers, which shall be determined by adding to the
whole number of free persons; and,
Whereas, Article 10, Section 8 of the Florida Constitution
establishes that each decennial census of the state taken by the United
States shall be the official census of the state; and,
Whereas, the primary federal statutes which must be considered
in redistricting are the Voting Rights Act of 1965, 42 United States
Code, 1973, and Public Law 94-171, providing for the uses of
decennial census population data in reapportioning and redistricting
United States House of Representatives; and,
Whereas, the Florida Legislature has been the recipient of Public
Law 94-171 population data from the 2000 United States Census
since March 27, 2001, and has begun the process of drawing new
boundaries for Florida's 25 U. S. House congressional districts; and,
Whereas, since 1992, Collier and neighboring Lee County have
been included in Congressional District 14 and have been well served
by Congressman Porter Goss, a representative familiar with the
common needs and economic interests of both counties; and,
Whereas, Congressional District 14 has demonstrated that it is
geographically compact, and economically and politically cohesive
with no history of thwarting minority-group interests; and,
Whereas, existing District 14 respects existing political
boundaries and shared topographical features designed with strict
adherence to the equal population one-person/one-vote role; and,
Page 15
September 11,2001
Whereas, Collier and Lee Counties are located in
Southwest Florida with communities of interest shared commonly
with its neighboring west coast counties; and,
Whereas, including Collier County in a new congressional
district with Southeast Florida's Broward, Miami/Dade, and/or
Monroe Counties would create an asymmetric district inconsistent
with standards important to the existing district's citizens; and,
Whereas, the Citizens for Fair Redistricting, a political action
committee comprised of both major political parties, was established
for the purpose of supporting efforts to ensure that Collier and Lee
Counties remain aligned with neighboring west coast counties
following the completion of the redistricting process initiated recently
by the Florida Legislature; and,
Whereas, at a regularly scheduled meeting of the Collier County
Board of Commissioners on July 31,2001, Citizens for Fair
Redistricting appealed to the Board of Commissioners to support
their efforts.
Now therefore, be it proclaimed by the Board of County
Commissioners of Collier County, Florida, that on behalf of the
citizens of Collier County, we support the Citizens for Fair
Redistricting in their efforts to ensure that during the redistricting
process Collier County be aligned with its contiguous west coast
counties and communities of interest and not be included in
Congressional Districts extending from Florida's southeast counties
of Broward, Miami/Dade, or Monroe.
Done and ordered this 1 lth day of September 2001, Board of
County Commissioners, Collier County, Florida, James D. Carter,
Chairman."
I move for approval of this proclamation.
COMMISSIONER MAC'KIE: Second.
CHAIRMAN CARTER: I have a second by Commissioner
Page 16
September 11, 2001
Mac'Kie. All in favor signify by saying aye. (Unanimous response.)
CHAIRMAN CARTER: Opposed by the same sign.
(No response.)
CHAIRMAN CARTER: Motion carries.
MR. CARR: We've got a map here. This is a work in progress,
as you can see. This one happens to include Monroe. There's a lot of
ways you can draw up maps but -- the main idea is that there's plenty
of ways you can draw maps that keep Collier County essentially
joined with Lee without having us annexed by either Fort Lauderdale
or Miami.
The real struggle we have is that there's a couple of powerful
people that want to borrow our votes without really representing us,
and both the Republicans and Democrats want local representation.
Everyone in this room has a stake in this fight. We all want to have
our votes mean something and have a representative that has some
concern about Southwest Florida.
If we let a couple of power brokers take over, we'll end up being
disenfranchised, and we brought a revolution to stop that. It's that
simple. We have a right to have a representative that cares about this
area. Chuck.
MR. MOHLKE: Thank you, Mike. Commissioners, our
mission is a very simple one, and that's to try and keep intact our
existing Congressional District 14 to the greatest degree possible.
We've tried through these mapping devices to demonstrate that
Southwest Florida can have within it two intact congressional
districts and perhaps, depending upon the wishes of the legislature,
part of a third district.
We're very hopeful that the legislature will see the logic of
having nested within these districts Senate and Florida House
districts which will again represent a community of interests and that
Page 17
September 11, 2001
Southwest Florida will be well represented by people who live here,
by people who we know and whom we work with.
Just in conclusion, we're going to try to represent this
community to the best of our ability beginning Monday, September
24th at a public hearing held first in LaBelle at one o'clock and in the
evening at six p.m. At Naples High School.
The next day, Tuesday, September 25th, the same legislators
will be hearing the remarks of those living in Lee County at a
meeting held at Florida Gulf Coast University. We're hopeful,
Commissioners, that your schedules will permit you to be at one or
the other of these meetings and that those who are present today and
who are listening to these remarks on television will also feel
welcome at these meetings.
Numbers count. It will be our hope that legislators will leave
here with a strong message from the citizens of Collier and Lee
counties that we want to remain together for representation purposes.
Thank you for your very kind proclamation.
CHAIRMAN CARTER: Thank you.
MR. CARR: Thank you, guys.
CHAIRMAN CARTER: Thank you.
COMMISSIONER HENNING: Commissioner Carter, coming
to the office this morning I was thinking about this proclamation.
This is no different than drawing state lines. We have representatives
for each state. We just want to identify separately that we're different
from the east coast and our needs are different.
MR. CARR: You made a great point. Our district is big
enough. It's bigger than some small states. What's happening is
you've got folks that essentially live in another state wanting to come
in and borrow our votes. It's that much space and population
difference. I like some of these people, but it doesn't mean I want to
give my vote to them.
Page 18
September 11, 2001
CHAIRMAN CARTER: Okay. Thank you very much.
(Applause.)
CHAIRMAN CARTER: As many of you this morning will be
in this room and not have access probably to the news or the earlier
announcement that I made this morning, we will provide updates as
we go for you because you are here with us.
What I announced earlier is true. These two planes were 18
minutes apart. Each plane crashed into the upper third of each tower.
The second one was caught live on TV. At least six deaths and
counting, over a thousand injured. And one of the planes is reported
to be a highjacked 757 United Airline.
I think this country one more time will face a day of crisis. Our
prayers need to be with the president and with our government
leaders who, as we wrestle this situation, will take the appropriate
action and not penalize all people, but penalize these who deserve to
be penalized for this act of aggression on these United States of
America.
Item #3E
PROCLAMATION DESIGNATING OCTOBER 2, 2001, AS
"COLLIER COUNTY WALK OUR CHILDREN TO SCHOOL
DAY"- ADOPTED
All right. Proclamation E, Collier County Walk Our Children
to School Day. Commissioner Fiala.
COMMISSIONER FIALA: Do I have a representative from
Walk Our Children to School? Jill Brown, I think, is here. (As read:)
"Whereas, Florida has been shown to be the state that could
most benefit from improvements to the walking environment, with
children identified as the biggest benefactors of improved safety
Page 19
September 11, 2001
conditions; and,
Whereas, the Board of County Commissioners is committed to
the safe travel of children to and from school; and,
Whereas, Collier County has been active in efforts to increase
opportunities for walking as an activity and mode of travel through
its alliance with the MPO, Metropolitan Planning Organization,
Bicycle and Pedestrian Program; and,
Whereas, walking to school promotes child development,
teaches independence, and improves local traffic and air quality; and,
Whereas, escorting a child to school hand in hand is a pursuit in
keeping with quality time and family values.
Now therefore, be it proclaimed by the Board of County
Commissioners of Collier County, Florida, that October 2nd, 2001,
be designated as Collier County Walk our Children to School Day.
Done and ordered this 1 lth day of September."
COMMISSIONER MAC'KIE: I move --
CHAIRMAN CARTER: I have a motion for acceptance.
COMMISSIONER HENNING: Second.
CHAIRMAN CARTER: A motion by Commissioner Mac'Kie.
A second by Commissioner Henning. All in favor signify by saying
aye.
(Unanimous response.)
(Applause.)
COMMISSIONER MAC'KIE: As a mother of a couple
teenagers, I'll tell you, you better walk them while you've got them.
COMMISSIONER COLETTA: I plan to take my
granddaughter, Mallory Daniels, to Golden Gate Middle School on
that day. I'm looking forward to it.
COMMISSIONER FIALA: Oh, that's nice.
MS. BROWN: For the record, Jill Brown. I'm the bicycle and
pedestrian coordinator for the MPO. I would just like to thank you
Page 20
September 11, 2001
all on behalf of the MPO and our new co-sponsor this year, the
Collier County Chapter of the American Red Cross. Thank you for
your support on this issue.
Item #4
EMPLOYEE SERVICE AWARDS - PRESENTED
CHAIRMAN CARTER: Okay. Thank you. All right.
One of the best parts of our program is service awards, and I will
step down. I believe we have everything ready to do this.
MR. OLLIFF: Mr. Chairman, as you're making your way down
to the floor, we have four employees who are here to receive their
five-year service award. I'd like to ask Idalberto Hernandez if you
would come forward, please. Raul Llorca with road and bridge has
been with us for five years; Marcelino Labra-Ramirez and Shirley
Kenney. If I can get a hand for these. Applause.)
MR. OLLIFF: The next service award, Mr. Chairman, is a ten-
year attendee, Williams Combs with your wastewater department.
He's been an employee for ten years. (Applause.)
MR. OLLIFF: If you remember, Mr. Combs is the pipecutter on
your competition team with the wastewater department.
COMMISSIONER MAC'KIE: All right.
CHAIRMAN CARTER: There he is, the champ. Thank you.
MR. OLLIFF: The next attendees are your 15-year attendees,
Mr. Chairman, and we'd like to start this illustrious group with Leo
Ochs, your public services administrator. (Applause.)
MR. OLLIFF: Along with Leo this morning are Mark
Page 21
September 11, 2001
Stephenson from your water department.
(Applause.)
MR. OLLIFF:
(Applause.)
MR. OLLIFF:
(Applause.)
MR. OLLIFF: Congratulations.
Jon Flomerfelt with your wastewater department.
And Jesse Komorny from the water department.
Mr. Chairman, it's also our privilege this morning -- we've got a
rare opportunity to be able to recognize a 20-year employee with the
county. If I could ask Daniel O'Brien with road and bridge to come
on down to recognize him. (Applause.)
CHAIRMAN CARTER: I don't know what will happen if all
these guys start retiring at the same time on road and bridge. We've
got a problem.
Item #5A
PRESENTATION RECOGNIZING SEPTEMBER 11,2001, AS
"MARTHA SKINNER DAY" - ADOPTED
COMMISSIONER MAC'KIE: It's my honor to ask Martha
Skinner if she would come forward. We have a little recognition for
Martha, and I think they asked me to do this, Martha, because they
figured I'd be the one to cry, and I'm going to try very hard not to.
MS. SKINNER: Well, you do it instead of me.
COMMISSIONER MAC'KIE: Okay. Well, I'm going to read
this proclamation. The board wants to thank you for all your work.
(As read:)
"Whereas, Martha Skinner has worked in the Social Services
Department since October of 1969; and,
Page 22
September 11, 2001
Whereas, during that time Martha Skinner has consistently
demonstrated a dedication to serving the citizens of Collier County
that has been unsurpassed; a dedication that has led her to devote her
entire career to improving the quality of life for the citizens of this
county by promoting health and well-being, by fostering self-
sufficiency, and protecting the vulnerable populations within our
community; and,
Whereas, Martha's dedication, commitment, and leadership have
helped earn the Collier County Social Services Department a
reputation as one of the premier human-services agencies within our
state and community; and,
Whereas, the Social Services Department has, throughout
Martha's tenure, provided assistance to over a half-million of this
area's poor and elderly residents; and,
Whereas, Martha Skinner, during her tenure has served under
seven county managers and thirty-one county commissioners; and" --
that in itself ought to be a purple heart --
''Whereas, Martha is a respected leader among her peers
throughout the State of Florida; and,
Whereas, Martha is respected and recognized by the Florida
Association of Counties as one of the outstanding local lobbyists in
the State of Florida where she has successfully represented and
defended Collier County's poor and elderly for over three decades;
and,
Whereas, Martha has decided" -- regretfully, I add--"to retire
from Collier County employment after 32 years of exemplary service.
Now therefore, be it proclaimed by the Board of
County Commissioners of Collier County, Florida, that September
11 th, 2001, be designated as Martha Skinner Day.
Done and ordered this 1 lth day of September 2001, Board of
County Commissioners, Collier County, Florida."
Page 23
September 11, 2001
It's my honor to move approval of this proclamation.
COMMISSIONER FIALA: And I second.
CHAIRMAN CARTER:
(Unanimous response.)
CHAIRMAN CARTER:
It would never happen.
(Applause.)
COMMISSIONER MAC'KIE:
All in favor signify by saying aye.
Opposed by the same sign.
At the same time, if I could read
this -- and it's not heart-shaped by accident. We love Martha. This
plaque is presented to Martha Skinner, director of the Department of
Social Services, the heart of Collier County, in appreciation for 32
years of loyal and devoted service to the citizens of Collier County by
the Board of County Commissioners, September 2001. (Applause.)
MS. SKINNER: Thank you. I'll be around.
CHAIRMAN CARTER: You better be. Now we get her to
work for free. Or now she'll be a consultant and she'll be able to
double her fees.
COMMISSIONER FIALA: What's she going to do?
COMMISSIONER MAC'KIE: Probably volunteer.
MS. SKINNER: I don't know-- yeah. I don't know. If you'll
allow me, I'd like to have a few words this morning.
First, I'm Martha Skinner, private citizen. I'm here today to
thank you for designating today a special day for me. This is just
such a surprise and a joy. My decision to retire brings great joy, and
it's also mixed with a little sadness.
This has been my life's work and my home away from home,
and my office has been my family. They're all back there, and I
really appreciate them too. They've made this honor to me what it is
today, and I appreciate it.
Let me share with you a letter recommending me for
Page 24
September 11, 2001
employment that was written the first day that I started. This might
give some HR people a little heartburn, but I'd like to read it anyway.
This is from September of'69 regarding Miss Martha Skinner.
"Interviewed above-named person for position as secretary
assistant for welfare office. She has one daughter who's entering
college for the first time this fall and a son whose in the tenth grade.
Does not plan to have any more children." That was really important.
That was an important question back then. "She was advised that her
work would be confidential, the hours to be open, and some of the
duties expected of her. She will continue to live in Immokalee for the
present and travel to and from work with her husband, Abe Skinner,
who is employed in the tax assessor's office," now known as the
property appraiser's office. So he's been around a little while too.
We just have this bad habit that we developed early in life.
Let me share with you that when I started my office was in
Building C, Building C-1. There was no C-2. In that building was
all the constitutional officers except the sheriff; the clerk's office,
property appraiser, supervisor of elections, the tax assessor, plus the
county attorney, the welfare office, the snack bar, and the county
commission meeting room.
COMMISSIONER MAC'KIE: Wow.
MS. SKINNER: The day I started the board happened to be
meeting, and my boss said, "Let's go to the board meeting." We
went, and I went across and met everyone, shook hands, and they
asked me who my mother and father were, how long I had lived in
the area, how many children I had, and what I had done with my life
before Collier County. It was real exciting, but real hometown.
There was no agenda, just raise your hand and speak. So we have
come a long way; believe me we have.
During this past year, I've written three letters of resignation, all
the same letter but with a different date.
Page 25
September 11,2001
COMMISSIONER MAC'KIE: We can still take number four.
MS. SKINNER: Tom reminded me of that this morning, and I
appreciate that. Each time I wrote the letter I was convinced that this
was not a good time, that I needed to postpone my retirement to a
different date; one after the board hearing on the budget, one after the
public hearing on the budget, and all of these things that they felt like
they would need me here to answer questions.
I have written a letter of resignation, and it really says it all. If
you will bear with me, I'd like to share a few thoughts from that
letter. This was sent to Leo and to Tom. With your permission,
"Subject: Resignation. After working 32 years with Collier County
and with mixed emotions, I'm submitting my resignation as director
of social services effective 7/9/01. I've always felt committed to
serving those who were less fortunate, and this job has given me the
opportunity to do so.
"Past and present commissioners and management have trusted
and supported the work of the social services department, and for that
I'm exceedingly grateful. It's often been said that I'm the cheerleader
for Collier County government, and I have to agree. I never missed
an opportunity to let others know how we operate and how
professional we are.
"Over the years I've been fortunate to have had the privilege of
working with many highly qualified and respected fellow employees
who were and are still committed to public service. I have also
enjoyed a great working relationship with my statewide counterparts
and with the staff of the Florida Association of Counties.
"Through our combined efforts I know we've had a positive
impact on protecting and promoting the County's best interests and
concerns and protecting them from unfunded mandates. I know
we've saved hundreds of dollars for counties in that respect.
"The most difficult decision for me is to leave my department
Page 26
September 11, 2001
and the outstanding dedicated staff who have always exceeded
expectations. The excellent reputation that the department enjoys is a
reflection of their commitment to the job, to the public, and to the
clients they serve. They believe that the work they do truly reflects
that we were the heart of Collier County. Will I be happy in
retirement? I don't know. But I'm going to give it my best shot. It
will be a time for change for me, but I'm looking forward to that
change.
"In conclusion, I want to express my appreciation to you for
personally giving me every opportunity to succeed and for the
confidence you've placed in the work of your own social services
department, and I know that will continue. Let me also say that
several county employees have congratulated and called me and
stopped me and said, 'Now that it's your day, could you ask just one
favor of the board?' I said, 'Yes, I'll try.' They said, 'Ask them if
since it's your day can you proclaim the rest of the day off for all
county employees.'" And with that, that's the conclusion of what I
have to say.
I just want to say that this has been so special. What a special
day for me, and I can't tell you how much I appreciate all this care
and attention you've given me today. Thank you from the bottom of
my heart.
CHAIRMAN CARTER: Thank you, Martha Skinner.
(Applause.)
CHAIRMAN CARTER: You may retire from this organization,
but not from our lives, Martha. We appreciate everything that you
have done. You've been a wonderful person continuing to serve this
people. You and Abe are delightful people. You're real
professionals, and we love you dearly and just thank you for
everything.
MS. SKINNER: Thank you.
Page 27
September 11, 2001
MR. OLLIFF: Mr. Chairman, before we leave that item, I just
want to remind the board that we've got a little luncheon reception in
honor of Martha at the museum today at noon, and if anybody is here
who is a friend or a fellow co-worker, by all means we invite you to
stop by the museum around lunchtime and wish Martha the very best.
CHAIRMAN CARTER: Sounds great to me. We're going to
celebrate with the Braves, and then we'll go celebrate with Martha,
and we might even come back to work.
Item #6A
PUBLIC PETITION REGARDING INTERCHANGE AT GOLDEN
GATE PARKWAY- NO ACTION
All right. Thank you so much. Let us move to Item 6-A,
public petitions.
MR. OLLIFF: We have a public petition regarding the Golden
Gate Parkway interchange. Is the public petitioner here? Mr. Virgil
Cottongim.
COMMISSIONER MAC'KIE: Please go ahead, sir. It's your ten
minutes.
MR. COTTONGIM: I hope it doesn't take ten minutes.
I would like to start by saying I like what Mr. Carter said there
when he said -- about the redistricting and sticking together here
because that's basically what this petition is. It's about the County
Commission challenging the state on the interchange at the Golden
Gate Parkway and causing them to put in a full cloverleaf there
instead of the simple on and off ramp that's proposed today.
I won't read this whole thing, but I'll sum it up by saying that --
of course, I'm one of the most affected property owners out there
because the "on" ramp for Miami will wrap right around my property,
Page 28
September 11, 2001
and my street, 64th Street, will be dead-ended, stopped, blocked at
the Parkway. The street beside me, 63rd, I think they call it, will be
cut across to, I think, 66th Street, and then a light will be placed out
there so we can get out.
We already have a light at the new Livingston Road which --
this morning when I came in, traffic was backed up almost to my
street from Airport Road. What I see there is a bigger traffic disaster
than we have today at Pine Ridge Road and Immokalee Road. That's
a subject of concern all the time. Everybody talks about that, about
the traffic in the morning and afternoons.
When that interchange is built by my house there on the
Parkway, it will become the number one -- it's already been stated in
a letter to Naples Daily News on August 1 lth, there was an article
written about this interchange and the beautification of it for the
landscaping. It was -- it said -- in that article it said that the Parkway
would become the No. 1 primary get-off for people in Collier
County.
If we think we have a mess today at Pine Ridge Road and
Immokalee Road, just wait until we put this simple interchange in at
the Parkway. We're going to have traffic backed up clear into town
and clear around the comer of 951 past Exit 16 on the interstate. I
know everybody knows that, but I'm saying that the County
Commissioners, being the representative of the people of this county,
needs to challenge the state.
If you're here to protect us and you -- well, there's zoning laws.
We have zoning laws. You pass zoning laws all the time to protect
the welfare of the people here. So I think we need to take the same
attitude towards this interchange and tell the state, "If you can't do
better than this, we don't want it."
By the way, the letter about -- the article about the beautification
of that interchange appointed some committee to study that, and there
Page 29
September 11,2001
was a proposal in there, I believe, to build privacy walls around our
houses to block noise. They're called noise walls, I think, or noise
barriers.
Well, let me say this in final or in conclusion. If Jim Coletta can
go to Australia to look at a garbage dump, he can surely go to Atlanta
and look at the disaster they have up there around 1-20, 1-75, and
40 -- or, 85, 20, and 75. It goes through Atlanta. They built privacy
walls or noise walls on all those interchanges, and now they've got a
disaster because the noise is worse than it was before. Apparently the
sound hits the wall and goes up over and right back down. Now
they're in a quandry up there about what to do about it. So if we're
going to do anything here, we need to, you know, look at those
things.
Well, I have one more point. If we don't make them put in a full
cloverleaf, then we should rezone that interchange commercial. The
article in the paper said we're going to try to keep that
noncommercial and keep it residential. So they're going to ruin our
property value. I think it's going to decrease.
So if we can't make the full cloverleaf, which would make the
state take our property -- they'd have to take our property, and that
would be okay because I don't know if I want to be living there once
it's built. So if you don't-- if you do put in this simple interchange
the way it's designed, then how about just make it commercial so we
can all maybe have a chance to sell it for -- maybe it will be worth
something then, and we can move from that point. Thank you.
COMMISSIONER FIALA: I understood we had some kind of
different rampways didn't we, Norm?
CHAIRMAN CARTER: I would like it if Mr. Feder would
respond to the gentleman's questions.
MR. FEDER: For the record, Norman Feder, transportation
administrator. Commissioner, yes, the concept that is being pursued
Page 30
September 11, 2001
right now does include a cloverleaf on the southeast quadrant where
the highest demand is east to northbound. All the traffic analyses
says what's being presented will meet the needs out into the future.
COMMISSIONER FIALA: I thought when that came before us
it was quite controversial and -- MR. FEDER: Yes.
COMMISSIONER FIALA: -- a lot of the people said they
didn't want the cloverleaf, and it was a tough vote for us to make that
stand and provide that cloverleaf anyway. But as you said, there
would be no stacking of cars.
MR. FEDER: That's correct. It's not a --
COMMISSIONER FIALA: Maybe that answers your question,
sir.
COMMISSIONER HENNING: I have a question, Norman,
before you go too far. What is proposed in a cloverleaf-- which one
would take less property?
MR. FEDER: Basically -- well, what is the alternative to what
you're saying? They're only looking at a cloverleaf, as I said, in one
quadrant, the southeast quadrant. Obviously, a cloverleaf would take
more land than the current design that you see along the interstate
when it was assumed to be out in the rural area, which is the rural-
type diamond that you see prevalent today. That takes less. There
was a concept dispute, if you remember, that was brought up to you
that might have taken a little less right-of-way but, again, it did not
meet the demands, and we have the feeling that is being raised by this
gentleman in the future.
Therefore, basically, the effort as it stands right now is to
develop an interchange that includes the cloverleaf ramp and
southeast quadrant, one of the four quadrants, and also to maintain --
back to the other issue that was raised -- the residential character of
that interchange, not to turn that into a commercial interchange and,
Page 31
September 11, 2001
therefore, greatly reduce its capacity and more importantly it's impact
on the community.
COMMISSIONER FIALA: Thank you.
CHAIRMAN CARTER: Mr. Henning.
COMMISSIONER HENNING: I have a problem with
government trying to take more property than what is needed, and I
know that there's the citizens committee out there looking at this. We
discussed this at the MPO. I was in favor of an engineering study to
see if this is feasible and would it meet the needs of Collier County.
It did not pass, and I'm not going to revisit that issue again.
The second thing, Virgil, is I think what we need to do or what
we have done on our other off ramps in Collier County, Exit 16 and
Exhibit 15, is -- there are commercials servicing the visitors in Collier
County. I would hope that our main entrance in Collier County could
stand different than the other exits and truly be a beautification, an
exemplary exit, as we enter the City of Naples and Collier County
and Golden Gate.
CHAIRMAN CARTER: Well, you're correct, Commissioner
Henning, because my understanding all along is that that would be a
green interchange, and what I mean by that is there would be no
commercial in that area. It would be a cloverleaf design. We would
not repeat the mistakes we made on Immokalee and Pine Ridge.
I have not seen a final design yet, Mr. Feder, from the
Department of Transportation. I know that they have been working
on this. It was my understanding through the MPO that we're
meeting with the neighborhood, and we're going to come up with a
final design. So I -- I'm sure this will be a subject of discussion at the
next MPO meeting.
Go ahead, Norman. I didn't mean to -- am I right?
MR. FEDER: For the record, Norman Feder, Transportation
Administrator. Yes, you are, Commissioner.
Page 32
September 11, 2001
CHAIRMAN CARTER: I think that's where we are.
I would encourage you to come to that meeting and share your
concerns. FDOT will be there.
MR. COTTONGIM: Everything you've talked about I have in
this petition. I'm saying they're going to create a disaster out there,
and it's bureaucratic hogwash about beautification and other things.
It's not going to stand up too well when we have a disaster out there,
traffic, and everybody's saying, "What are we going to do about it?"
I mean, I say we visit it now. Mr. Henning is saying, "We don't want
to take people's property" don't cut it because you take people's
property all the time for eminent domain for other public projects.
CHAIRMAN CARTER: So I guess your point is--
MR. COTTONGIM: Why not do it here because you're going
to have -- if you're going to create a disaster, why not do it -- let's not
argue here today.
I was reading this petition and looked over the -- you're going to
have to read the part about eating crow. It's where I said, "Sure,
you're going to build a six-lane on the Parkway, and you're going to
do this and do that," but I said, you know, "after about two years
when everybody's -- after they have time to swallow the crow, they're
going to be in a quandry out there about what the hell to do with this
mess we've made."
Down the street from me they've got the billion dollar plus --
million dollar plus Grey Oaks putting Livingston Road there, and that
will probably inspire a lot of other developments. You're going to
have that -- you've got that golf course on the comer there. There's
supposed to be a 250-room hotel, I understand, and a big shopping
center there where Long's Market was or across the street.
CHAIRMAN CARTER: Yes, sir. I don't know exactly what's
there. I can't tell you --
MR. COTTONGIM: Well, if we don't take those things into
Page 33
September 11, 2001
consideration -- like I said, if we don't take those things into
consideration and look at the future -- don't look at today and saving
people's property rights. There's only a few of us that will be
affected, and I'm one of them that says I don't mind it. I don't care if
you take mine out. I don't want to be living behind that wall.
Somebody made a comment in that article for the news on the
1 lth that said, "We don't want it to look like the outside of a prison."
Well, they didn't think about the people inside.
CHAIRMAN CARTER: I understand, sir. I'm very familiar
with Atlanta.
MR. COTTONGIM: Get away from the bureaucratic hogwash.
CHAIRMAN CARTER: They've got the same thing in
Baltimore.
MR. COTTONGIM: Get away from the bureaucratic hogwash,
and just think about those things.
CHAIRMAN CARTER: Sir, I appreciate your input this
morning. We will continue to work with FDOT on this and do
everything that we can to try to insure that we do the right thing.
Item #6B
PUBLIC COMMENTS REGARDING PROPOSED 1-75/GOLDEN
GATE PARKWAY INTERCHANGE- NO ACTION
MR. OLLIFF: Mr. Chairman, you've got two public comment
registered speakers on general topics. One is A1 Perkins, who I think
is here to speak on the same subject, and Mr. Perkins will be
followed by Ken Thompson.
MR. PERKINS: Good morning, ladies and gentlemen. You
people at home pay attention to what's going on. They're spending
your money. And good morning, employees of the voters.
Page 34
September 11, 2001
CHAIRMAN CARTER: You're so kind this morning, Al. You
must have taken your Prozac and a double caffeine.
MR. PERKINS: Right. And a little Coumadin and a whole
bunch of other crap.
CHAIRMAN CARTER: All right. You're on a roll this
morning.
MR. PERKINS: Not funny, right. The point that I'm making,
people, is this is your government, and if you don't participate in it,
then you are just what you made of it, nothing, a waste of time. Vote.
If you don't like them, get rid of them. Put pressure on them.
In the past I have made presentations to FDOT in Golden Gate.
They had 17 of their employees standing back there all afternoon and
half the damn night collecting money pertaining to the Golden Gate
Parkway and the overpass, and everybody left out 1-75. For your
information, people -- and double check on me. If you don't believe
me, challenge me or challenge the agencies -- 1-75 at that point will
be ten lanes of traffic with a monorail going down the middle. That's
ten lanes of traffic. Golden Gate Parkway on the approach from the
west to the east there will be 11 lanes of asphalt, hot asphalt. It's in
their plans.
Now, I agree with this gentleman. Put in a full-blown
cloverleaf. And at the same time change the zoning to those people
in there and give them an opportunity to get the hell out because with
the money they can afford to take it and move. And moving is no
simple task. Relocation, I don't know where they would go. But the
point I'm trying to make on this thing is that you have a disaster.
He mentioned Pine Ridge. These people who are making these
decisions are the same stupid people who made the decisions on Pine
Ridge and a lot of other places. They're left over from Bob Graham
and his govemorship. It's time to wake up people and get involved
because that will be the gateway to Naples, and you're going to have
Page 35
September 11, 2001
all of the problems.
As far as the churches along there and the schools, buy them out
and make convention centers out of them, and then we can use tourist
development tax money to attract people in here. Again, make good
use of the system, but put pressure to bear. Now, of course, good old
Jeb and George will be in town, and they need to know that we're not
happy with what's going on in this state, hardly, especially out in
Golden Gate Estates where the governor and their cabinet has lied to
the people big time, lied, boldface lies. I don't know whether or not
George W. Is going to lie or not, but that's beside the point. Back to
this thing.
I think it was about four days ago at that intersection where -- it
would be the offramp to Naples to the west -- there was an accident
there. There was at least ten vehicles, two fire trucks, emergency, and
a helicopter and everything else, and the traffic on the southbound
lane was backed up past Pine Ridge.
Now, let's get real. Stoplights along that road are ridiculous.
Unless you've got a brother that's selling stoplights, then I say get rid
of it. No stoplights, thru traffic, keep it moving, and get these people
out of the way. If you don't believe me, I dare you to come out there
at 4:30, Ask the people who live here and work out there. They'll
tell you right up front. This is not fun anymore.
And if you complain about the traffic, I invite all you people
who came down from up north -- that road goes the other direction.
They can get out here. And when it comes down to the
environmentalists, when I see an environmentalist living without an
air conditioned house and without an air conditioned car and without
an air conditioned office with little beads of sweat, then I'll buy this
routine about the environment.
COMMISSIONER HENNING: Don't forget about the mosquito
spray too.
Page 36
September 11,2001
MR. PERKINS: Oh, God, don't get me started on the
mosquitoes. Right. Right. How dead do you want to be? Not only
that-- you pushed a button, Tom.
CHAIRMAN CARTER: He's got about 30 seconds. Don't push
him too hard.
MR. PERKINS: Okay.
COMMISSIONER COLETTA: Thanks, Tom.
MR. PERKINS: When he talks about mosquitoes, I want all
you grandparents and you parents to think about your children getting
bit. What do you do? Say "I'm sorry," and "we should have." What
a bunch of crap. With that, I'll quit. Thank you.
CHAIRMAN CARTER: Thank you, Mr. Perkins.
MR. OLLIFF: The next speaker is Ken Thompson.
MR. THOMPSON: Boy, you said a mouthful, I'll tell you that.
My name is Ken Thompson. I live at 2831 Becca Avenue. I want to
tell you this is your problem. Ma'am, I appreciate what you do on
TV, advertising this section. You did a perfect job.
I want you people -- the last time I was here, Mr. Weigel, you
told me you were going to hold me responsible if I did anything else.
Well, you people have made a damn guinea pig out of me.
COMMISSIONER MAC'KIE: Those are photos of the
Bayshore pavers going in? Is that what it is there?
MR. THOMPSON: Yeah. I tried to get it fixed.
I went to code enforcement. It went to his office. But by mistake it
went back out there. You've got so many people in this town that all
they're doing is working for a paycheck. That's all they're doing.
You people have made a spectacle out of me, another guy on
Pine Ridge, and another guy in Golden Gate, and it's going to have to
stop. I can't go to the doctor. I can't even go to Fort Myers. I'm
being followed. It's got to be stopped. My wife and I, we don't
deserve none of your trash or nothing you're feeding us, because it's
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September 11, 2001
the honest to God truth everything he said right there.
But this thing here about these stop signs and this garage sale,
put them at flea market where they belong. You come out there, and
you stick up a sign. You won't come back and get it. When they get
through with the garage sale, they throw it all on the ground. I'm
having to have my wife pick it up, and I'm wanting her out of this
trash cleanup. You get the people out of jail to go do that dirty work.
COMMISSIONER MAC'KIE: I hope you're not just sending
her out there and you're doing it yourself too.
MR. THOMPSON: No. I'm helping her. I'm helping her, but
this is terrible. You ought to see when they get through with the
garage sale sign. They'll throw it on the ground or throw it in the
ditch. It's the truth. It's the truth.
And I treat Waste Management people the best you've ever seen
in your life. It used to be when they'd come -- I didn't know how
many was on the truck. I'd tell the driver a block away to blow the
horn two times, the ones on the truck, but then I went and got a
cooler. I treat these people like A-1 people, and I get good service.
But this thing about sticking up these garage sale signs is going
to have to stop. You people, you really are doing it because there's a
big man I know of, a three-letter fellow, that can tell you a whole lot
about the situation here. I'm going to put a stop to you people
aggravating me. It's going to have to stop.
I lost an awful good friend. Mr. Coletta, when I first met you, I
thought you was a good person over there, but you made me lose the
best friend I ever had, George Dubinski.
COMMISSIONER COLETTA: I still love you, sir.
MR. THOMPSON: I'm telling you, that man's all right in my
book. The other day I thought I would -- I changed my attitude about
Don Hunter. I was eating breakfast, and he was eating breakfast. I
sat right there with him. You know, I don't believe I've had a better
Page 38
September 11,2001
conversation in my life than I did with Don Hunter, and there ain't no
man in this world I hated worse than him. But it ain't him. It's his
deputies.
One cop getting killed or another-- more deputies died here than
I've ever seen for no reason at all. There's no reason at all. You just
made a damn spectacle out of me, and if you don't quit it-- I don't
believe in suing nobody. I don't care if you shoot me. I'll get up and
do my best. I had four major operations here in the last six weeks,
and I don't know ifI can handle anymore. But the 13th I'm going --
you ought to see what these people done to my hands. I'm going
right back again the 17th of this month. I had one guy that pulled my
implant teeth out that took me five years to get put in. So you ought
to go to that dentist. He's a real good one.
COMMISSIONER MAC'KIE: Thank you, sir.
MR. THOMPSON: He's costing me a fortune to have it all done
over again. I've got to have -- the rest of this month is three more
operations for what people have cut up on me. So I want you right
now, Pam Mac'Kie and the administrators and the rest of you people,
to quit making spectacles out of me because, you know, I never sued
you in my life, and I wouldn't like to sue you. It's the people in your
organization that's suing you, getting $40,000, getting to keep her
job, and all kinds of things. It's terrible what you people are doing
suing one another. You have to stop it. CHAIRMAN CARTER: Sir--
MR. THOMPSON: I wish you just wouldn't keep making -- I
know every one of them, Pam, and you know who they are too. You
know who every one of them are.
CHAIRMAN CARTER: Sir, if I may interrupt you.
COMMISSIONER COLETTA: And--
COMMISSIONER MAC'KIE: No, please don't.
COMMISSIONER COLETTA: Okay. No, I -- Jim, could you
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September 11,2001
make an announcement.
CHAIRMAN CARTER: Yes. I have two announcements. I
went back to get an update, and these have been confirmed. It doesn't
get any better, ladies and gentlemen. It's getting -- I think it's worse.
But it looks like we're trying to get this thing under control.
First of all, another plane has crashed into the Pentagon, and it's
on fire. This is not an Orson Wells thing. This is like out of Tom
Clancy. It's on fire. The White House is being evacuated. The
president is on his way back to Washington. All public transportation
is at a practical stop. They're evacuating all federal buildings.
They're shutting down the airports. They're trying to get people away
from any of these areas.
One of the two trade center towers has now collapsed. News
simply indicated it's just not there anymore. The Palestinians have
taken credit for all of this. I would say without question --
COMMISSIONER MAC'KIE: Let's take a break.
CHAIRMAN CARTER: We are just going to take a short break
here. We're going to regroup. We're going to come back, and we're
going to start our public hearings. We will move forward with this
meeting today, but this nation, I think, is close to a state of war, and
we need to stay tuned --
COMMISSIONER COLETTA: Pearl Harbor.
COMMISSIONER MAC'KIE: Don't say that.
CHAIRMAN CARTER: -- and do whatever we need to do.
Thank you.
(A break was held from 10:15 a.m. To 10:30 a.m.)
CHAIRMAN CARTER: Ladies and gentlemen, the board is in
agreement. We are going forward. We are doing our meeting. We
are going to continue. We have been assured by the Sheriff's
Department that all necessary precautions have been taken
throughout Collier County, and we will continue, and we will do the
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September 11,2001
best of our ability to carry out the business before this commission
today.
I know all of you will continually get updates through the news
in terms of what's happening. I think all of us will have to separate
out in this period of crisis what is real and what sometimes gets
thrown out there as fiction or rumor. The best thing that we can do is
pray and be behind our president, and we know that he will do the
ri ght thing.
MR. OLLIFF: Mr. Chairman, on that same note, Tom Storrar is
on his way down to participate in a statewide conference call with the
state department of emergency management. Anything that comes
out of that, we'll provide you an update as soon as we have it.
Item #8A
ORDINANCE 2001-48, RE: PUDZ-2001-AR-383, DWIGHT
NADEAU OF MCANLY ENGINEERING AND DESIGN, INC.,
REPRESENTING MIKE BOZZO, SR., REQUESTING A REZONE
FROM "C-I" AND "C-l/ST" TO "PUD" TO BE KNOWN AS
PARK CENTRAL NORTH PUD, LOCATED IN THE
NORTHEAST QUADRANT OF THE INTERSECTION OF PINE
RIDGE ROAD AND AIRPORT-PULLING ROAD- ADOPTED
CHAIRMAN CARTER: Good morning. We are now at
advertised public hearings. We are on Item 8-A. All those who are
going to participate need to stand and be sworn.
COMMISSIONER MAC'KIE: I'm sorry. I don't see anybody
standing. I thought I'd say this is the Park Central North PUD. If
you're here on that, you'll want to stand. (The oath was administered.)
CHAIRMAN CARTER: Any disclosures on the part of
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September 11,2001
commissioners?
COMMISSIONER MAC'KIE' I have none.
COMMISSIONER FIALA: None.
COMMISSIONER COLETTA:
COMMISSIONER HENNING:
CHAIRMAN CARTER: None.
None.
None.
MR. REISCHL: Good morning, Commissioners. Fred Reischl,
planning services. This is a request to rezone property that is
currently zoned C-1 and C-l/ST to PUD. On the visualizer you can
see the location. It's located at the northeast corner of the intersection
of Airport Road and Pine Ridge Road. It consists of 3.78 acres.
COMMISSIONER MAC'KIE: May I interrupt you just to say
that this is something that appears to me would have shown up on our
summary agenda but for one negative vote on the Planning
Commission.
MR. REISCHL: Correct.
COMMISSIONER MAC'KIE: It also appears to me that this is
a very positive redesign for the environmental issues that are relevant
to the site, and unless -- you know, maybe it would be better just to
go to questions for staff. I'm ready to move approval pending hearing
something shocking in this meeting.
CHAIRMAN CARTER: I have -- I would entertain any
questions from the board. Are there any public speakers on this?
MR. OLLIFF: No, sir.
CHAIRMAN CARTER: Okay. There are no public speakers.
Questions from the board.
COMMISSIONER HENNING: This is to add how many
additional floors?
MR. REISCHL: It's not floors; it's feet. In the C-1 district,
which it's currently zoned, the height limit is 35 feet. They're
requesting to go to 45 feet. Through negotiations with staff and the
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September 11,2001
petitioner, they agreed to limit the height to 35 feet on the north side,
which is the closest to Tall Pines, to give it sort of a visual transition
to the 45-foot height limit on the south side.
COMMISSIONER HENNING: Isn't staff going to bring to the
Board of Commissioners to lower the height restrictions in the
commercial districts?
MR. REISCHL: They are looking at amending the commercial
district, but I haven't been working with that. I don't know if it's
going to specifically lower it.
COMMISSIONER MAC'KIE: Is that something that could
affect a parcel this size? I mean, this one doesn't have a height issue,
I don't think.
MR. REISCHL: No. That's why they are asking to rezone to
PUD. Certain people within 300 feet of Tall Pines were notified of
this and the people closest to it, and I received no phone calls, no
letters. The only question I had was from a man in the existing office
park who wanted to know where their access was, and he had no
problem with that.
COMMISSIONER HENNING: I don't have any questions.
COMMISSIONER MAC'KIE: Motion to approve.
CHAIRMAN CARTER: I have a motion to approve by
Commissioner Mac'Kie.
COMMISSIONER COLETTA: Second.
CHAIRMAN CARTER: A second by Commissioner Coletta.
All in favor signify by saying aye.
(Unanimous response.)
CHAIRMAN CARTER:
(No response.)
CHAIRMAN CARTER:
Opposed by the same sign.
Motion carries 5-0. Thank you, Mr.
Reischl.
Page 43
September 11,2001
Item #8C and #8D
RESOLUTION 2001-352(#8C)AND RESOLUTION 2001-
353(#8D) APPROVING PRELIMINARY ASSESSMENT ROLL AS
THE FINAL ASSESSMENT ROLL AND ADOPTING SAME AS
THE NON-AD VALOREM ASSESSMENT ROLL FOR
PURPOSES OF UTILIZING THE UNIFORM METHOD OF
COLLECTION PURSUANT TO SECTION 197.3632, FLORIDA
STATUTES, FOR SOLID WASTE DISTRICT NO. 1 AND
DISTRICT NO. 2 - ADOPTED
That takes us to Item 8-C.
COMMISSIONER MAC'KIE: Motion to approve the
preliminary assessment roll as the final assessment roll and adopting
the same as the non-ad valorem assessment roll for purposes --
COMMISSIONER FIALA: I second that.
CHAIRMAN CARTER: I have a first. I have a second. Any
discussion? All in favor signify --
MR. OLLIFF: Mr. Chairman--
COMMISSIONER FIALA: Mr. Yonkosky has something to
say.
MR. YONKOSKY: We think that we're able to reduce --
THE COURT REPORTER: Your name?
MR. YONKOSKY: My name is John Yonkosky. I work for
your public utilities division, and Items 8-C and 8-D are both
advertised public hearings, and I would like to make a brief
presentation because I believe that we can reduce the rate somewhat,
if that's all right with the commissioners.
COMMISSIONER MAC'KIE: This is -- okay.
COMMISSIONER HENNING: Yeah. I would like to hear it.
CHAIRMAN CARTER: You'd like to hear it. If we're reducing
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September 11,2001
the rate and we're saving money, I think everybody would like to hear
that.
MR. YONKOSKY: On July 31st the board authorized the
notices for this public hearing to be sent to approximately 75,000
residential customers. The notices were sent out in early August, and
we have received a lot of calls and a lot of letters. Most of the
commissioners have seen the letters and copies of the e-mails, but we
also received about 3,200 calls.
Of the calls and letters, one of the major issues was the number
of units on the property. Quite a few of the people in Immokalee had
called and were concerned about the number of units that they were
being billed for. If you have two trailers on a property, then you get
billed twice for that. We are going through that. Some of them may
have changed, and some of them may not, but we are going through
and reducing the actual number of units wherever we can that's on a
piece of property.
The second item the calls generated dealt with guest homes.
And by a prior action of Board of County Commissioners, guest
homes are specifically excluded from these rates. A lot of people
when they're picked up from the property roll, they call and say, "I've
got a guest home. You're billing me for two units." We'll reduce that
back to the board's direction.
There were some vacant lots. But then the greatest number of
calls and complaints dealt with capacity. A lot of people that live
here part time -- they live here three or four months or they live here
six months, seven months, and they say, "Why should we pay on a
year-round rate for the services?" Then quite a few people were units
that are not receiving the services. The people that live in
condominiums that have curbside service feel that they're not getting
the full bang for the buck in the fact that they do not get the benefit of
the rates for yard waste and for commercial recycling and for bulk
Page 45
September 11, 2001
goods.
That's an overview of the calls. The notice that you approved
that went out had two rates in it. It had the $175 rate, and that $175
dealt with whether or not you were going to have a permit to run the
landfill. Mr. Mudd told me this morning that he now has the permit
or at least the letter of intent for the landfill. Therefore, the $175 rate
goes away.
The rate that we have to deal with is the $135.48. We have
reviewed that rate extensively, and we have new information now
that we did not have at the beginning when we first recommended the
$135 rate for you. We have additional units that will be on the roll
next year. We have a change or slight decrease in the generation rate
and a slight decrease in the CPI that was used.
COMMISSIONER MAC'KIE: What's the bottom line here?
MR. YONKOSKY: Okay. The bottom line is staff feels
comfortable that you can reduce it $8.21 --
COMMISSIONER MAC'KIE: That's what we want to hear.
MR. YONKOSKY: -- to $127.27.
COMMISSIONER MAC'KIE: So moved.
COMMISSIONER HENNING: Question.
CHAIRMAN CARTER: Question from Commissioner
Henning.
COMMISSIONER HENNING: Can you give us a breakdown
of the increase from the previous year, please? MR. YONKOSKY: Yes, I can.
CHAIRMAN CARTER: Ten bucks is what I heard from the
audience. I think that's pretty close. It was 118, and it's about 127.
MR. YONKOSKY: $114.20 for District 1 and $115.77 for
District 2 in Immokalee. That's the rates last year. That's compared
to $127.27 this year. It's approximately an 11 percent increase.
COMMISSIONER HENNING: So we have CPI and what else?
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September 11, 2001
MR. YONKOSKY: Well, you have CPI. The board several
months ago authorized $4 per residential unit for odor control.
Actually, $4 per ton included in that.
COMMISSIONER HENNING: And, by the way, I can testify
this morning on the way home last night that the landfill is still
odorous at my home. So I'm not sure if it was money well spent.
MR. YONKOSKY: Well, that will be going next year. That $4
will be going next year.
CHAIRMAN CARTER: Money is set aside to continue to work
to correct the problem, as I understand it.
COMMISSIONER HENNING:
putting daily dirt cover on it today.
COMMISSIONER MAC'KIE:
the assessment roll today.
What I understand is they're
Hey, guys, we need to just do
CHAIRMAN CARTER: Right. We're at the assessment roll.
So what we're really looking at is basically a $15 increase. You're
talking a dollar and some change. Maybe you're talking 26 cents a
week.
COMMISSIONER MAC'KIE: I moved approval so --
CHAIRMAN CARTER: Do we have a second?
COMMISSIONER FIALA: Second.
COMMISSIONER HENNING: We have a public speaker on it.
CHAIRMAN CARTER: I have a second. Do I have public
speakers? Any public speakers?
MR. WEIGEL: You have four at the present time.
COMMISSIONER FIALA: This also includes the augmented
recycling program, too, doesn't it?
MR. YONKOSKY: The commercial recycling program, that's
not part of this rate. This is for residential.
COMMISSIONER MAC'KIE: This is just the residential
assessment roll. Is there speakers?
Page 47
September 11,2001
CHAIRMAN CARTER: We have speakers. Let's go to public
speakers.
MR. WEIGEL: Okay. Fine. The first speaker is Elaine Young
to be followed by Gil Erlichman.
MS. YOUNG: Good morning. I'm Elaine Young.
I'm a resident of Collier County at 1820 Holiday Lane. I am here
about the board not stopping and raising our waste management. I
have taken pictures, and there are pickups on a Wednesday as well as
Monday. And on a Wednesday there is hardly -- there's very few
people that put out their garbage. I would say instead of raising it
again in this situation -- even through the summertime -- I've lived
here for almost 20 years. There was not even 75 or all the buildings
that are going up. With all the people coming into Florida, it would
seem that there is enough taxes to overcome this from everybody.
But save the gas. Save the trucks from taking two pickups. Why
don't you try that instead of raising our tax dollars again?
I'm widowed, and I'm fighting for my home. I don't want to sell
it. But you don't see us senior citizens trying to get by on the income
which we made years ago. I'm 70 years old, and I've raised four
children and put them -- some of them through college. My husband
died even at that time.
I will show you the pictures, or if you wish they can pass them.
I am very disgusted on taxes being raised every year, and our
teachers are not getting them, which my daughter is a teacher. My
son-in-law is a doctor. All they do is -- the administration gets the
money instead of the teachers. And--
COMMISSIONER COLETTA: Mr. Mudd, do you have any
comments about one-day-a-week garbage pickup? I'd like to address
that.
MS. YOUNG: Thank you.
MR. MUDD: The present contract with the haulers is two times
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September 11, 2001
a week for garbage, one time for recycling, and one for bulk items.
We've talked about it a little bit at prior meetings trying to turn it so
that the recyclables would be picked up twice a week and the garbage
would be picked up once.
We still have a pilot test. We're working with Waste
Management right now in a community of about a thousand homes to
get that resolved, to get that site specific and identified so that we can
get at that process. The lady has a good point.
MS. YOUNG: Yes. Not only that, sir -- and I don't mean to
interrupt, but there's a lot of people that aren't here as year-round
residents, and it's up to us now to fight. You have your meetings for
the board in the daytime instead of at night so other residents can
come here to fight. We're all -- you need skilled workers here, and
they have to work.
UNIDENTIFIED MALE: Here, here.
COMMISSIONER COLETTA: If I may point out to you, I
recently sent out an e-mail from Susan Murphy on this very subject,
and we've been doing some research on it. There's been ongoing
research on this item too. So people that can't make the board
meetings, if they send a letter or an e-mail in, we will continue to
follow through on it. If it's something that's been tried and it didn't
work, we'll comment on it. This hasn't been tried, and it bears some
real serious looking into.
MS. YOUNG: Sir, that might be true, but these people -- even if
you send an e-mail to them to participate or send it in a letter, they're
not going to do it because they're too busy with their children or
they're going to other meetings of what they work for.
COMMISSIONER COLETTA: Well, thank God we've got you
and Susan Murphy to be able to bring this issue forward.
MS. YOUNG: Well, the issue -- like I said, I was here for taxes
even, and I couldn't even get on. I mean, this is ridiculous for all the
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September 11,2001
years that I've lived here. It just keeps going up. I didn't make the
kind of money that these people make today or my children. Thank
you so much.
COMMISSIONER COLETTA: Thank you.
CHAIRMAN CARTER: Thank you, ma'am. The next speaker,
please.
MR. WEIGEL: The next speaker is Gil Erlichman.
CHAIRMAN CARTER: Mr. Mudd, would you like to
comment? While he's coming to the podium, Mr. Mudd would like
to make a comment.
MR. MUDD: Just to identify myself, I'm Jim Mudd, public
utilities administration. We're going to do a generation study, a waste
generation study, this next year as we get through the process. One
of the things we need to identify is what kind of waste volumes does
a household produce, do we -- right now it doesn't make a difference
if you have a small bin, a medium bin, or a 96-gallon bin. You get
the same -- you pay the same amount.
We're going to go through that process and take a look at that
and see if we can reduce the rates, reduce the volumes, based on the
type of containers folks have, and then we're going to take a look at
the times that the -- the repetition of pickup in a particular week to
see if we can work that process out too. We're about six to eight
months away from any resolution on that process.
COMMISSIONER COLETTA: That's fine. Jim, when you
move forward into this, could you somehow get a line of
communication to our last speaker and also to Susan Murphy on
where we are in the process? MR. MUDD: Sure.
COMMISSIONER COLETTA: They may wish to participate
more.
MR. MUDD: Sure. Yes, sir.
Page 50
September 11, 2001
(Applause.)
CHAIRMAN CARTER: Mr. Erlichman, you are next. Thank
yOU.
MR. ERLICHMAN: My name is Gil Erlichman, E-r-l-i-c-h-m-
a-n. I live in East Naples. I'm an elector and taxpayer in Collier
County. If I had the power of the Board of County Commissioners, I
would immediately order a search for a new waste collector or trash
collector in order to get rid of Waste Management.
I thought for many, many months that the roads that I drove past
in Collier County were being littered by people residing here, but I
found out to my dismay that most of that litter was flying off the
trucks of Waste Management. We reported that, my wife and I,
many times. In fact, we saw trucks going up and down Radio Road
just flying -- the trash refuse flying off on to the sides of the road.
Supposedly that's being taken care of, but I still notice a lot of trash
on the roads.
Okay. So be it. When we moved into our new unit in Sherwood
II, we had a brand-new plastic waste container. Within, I would say,
a year the waste container was trashed actually by the mechanism
that those trucks use to lift the container and dump it into the truck
and then drop it on the ground. We had to get a new waste container.
It took us two, almost three weeks to get a new waste container
because you have to call about three different people.
I think the whole operation stinks. This idea of 26 cents a day as
noted by the chairman -- this increase of 26 cents a day -- if you
multiply that by 365 days, and then you get the numbers of dollars.
But each year or each time we get an increase, "Oh, it's a very small
amount." It's like Chinese water torture. You know, one drop at a
time. What happens is that people that are on fixed incomes like
myself, we have no way to recompense the idea of any increases in
these services. Our income is fixed. Every year, though, you get a 1
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September 11,2001
or 2 percent increase in social security. That doesn't even cover --
that doesn't even cover, say, six months of this proposed increase.
Anyhow, I'm not here to plead poverty or beg for any money to
augment my income. I'm just saying that I feel that we can get a
better company than Waste Management, who I feel is mafia
controlled. I'm saying that out here in public, "mafia controlled."
UNIDENTIFIED MALE: Here, here.
MR. ERLICHMAN: Just like this A. S. Goldman, the big stock
swindlers that are being tried up in New York, that's mafia controlled.
This is all I can say right now. Emotionally I'm very upset hearing
about what's happened in New York and in Washington at the
Pentagon, and all I can do is say thank you.
CHAIRMAN CARTER: Thank you, sir. Next speaker, please.
MR. OLLIFF: The next speaker is Cynthia Simon followed by
your last registered speaker on this item, Lester Hirschbach.
MS. SIMON: My name is Cynthia Simon. I live in North
Naples in Island Walk. Some of what I was going to talk about has
been covered by the previous speakers. My husband and I have lived
here for about a year. We have no major complaints. We've also
practiced conservation and recycling on our own way before it was
popular.
We've lived in several communities that had once-a-week trash
pickup. In fact, some of them picked up recycling and bulk at the
same time, not having separate trucks doing separate jobs. We
managed to manage with this. There's no problem for us with the
once-a-week pickup. I was wondering whether this had been
considered by Collier County. I understand now that it has been. I
know that would help keep the costs down rather than raise
assessment fees. That's pretty much all I wanted to say, and I thank
you for your time.
COMMISSIONER MAC'KIE: Thank you.
Page 52
September 11, 2001
CHAIRMAN CARTER: Thank you for your comments, ma'am.
As you have pointed out, we are continuing to investigate one versus
the other. The key thing that you're really hitting on is not so much
what you do when you pick it up. It's what you do with it after you
have it and what is the process in which we improve recycling, make
waste energy. And all of that is now being studied and explored by
our utilities director. And, believe me, I think that we're doing a very
thorough, outstanding job to come back with the best possible
solutions to this. So thank you for your comments.
MR. OLLIFF: Mr. Hirschbach.
CHAIRMAN CARTER: Yes, sir.
MR. HIRSCHBACH: I'm Mr. Hirschbach. I'm not a public
speaker by no means.
COMMISSIONER MAC'KIE: You're welcome here. We're
glad you came. We're glad you came. We don't need public
speakers. We're glad you're here.
MR. HIRSCHBACH: I drove 1,200 miles to talk to you folks,
not just because -- well, I wanted to get away. Anyhow, you can
classify me right now as a snowbird. I'm here four months a year, my
wife and I. And 26 cents a day if you're here year-round is not going
to break me, and it's not going to break me to pay the dollar-
something a day for the time we're here at this point. But just like
cooking a frog, if you throw a frog in a pan of hot water, he'll jump
out. Put him in a cold water and bring that water to a boil, and you
can cook him.
Right now financially I'm in fine shape, but who knows what's
going to happen down the road if we live that long and we have the
opportunity to move in here. Thank you.
CHAIRMAN CARTER: Thank you, sir. Does that conclude
our speakers?
MR. OLLIFF: That concludes your speakers,
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September 11,2001
Mr. Chairman.
CHAIRMAN CARTER:
board?
(No response.)
CHAIRMAN CARTER:
motion. Do I have a second?
Any other questions on the part of the
Commissioner Mac'Kie has made a
COMMISSIONER FIALA: I seconded it.
CHAIRMAN CARTER: It's seconded by Commissioner Fiala.
Thank you. All in favor signify by saying aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN CARTER: Aye.
COMMISSIONER MAC'KIE: Aye.
CHAIRMAN CARTER: Opposed by the same sign.
COMMISSIONER HENNING: Aye.
CHAIRMAN CARTER: Motion carries 4-1.
MR. WEIGEL: Mr. Chairman--
CHAIRMAN CARTER: That covers both Items I and --
MR. WEIGEL: -- we are voting on two items here, 8-C and 8-
D, so I would like the record to reflect that this is 8-C and that there
would be a similar motion and second for 8-D.
COMMISSIONER MAC'KIE: Same motion on 8-D.
COMMISSIONER COLETTA: I'll second it.
MR. OLLIFF: And let the record reflect that the public hearing
was closed on both of those items.
CHAIRMAN CARTER: Okay. The public hearing is closed.
All in favor -- there's a motion made by Commissioner Mac'Kie,
seconded by Commissioner Coletta. All in favor signify by saying
aye.
(Unanimous response.)
CHAIRMAN CARTER: Opposed by the same sign.
Page 54
September 11, 2001
(No response.)
CHAIRMAN CARTER: Motion carries 5-0. All right. That
takes us to the Board of County Commissioners, I believe, if I'm
tracking this right.
Item #8F
ORDINANCE 2001-49 ESTABLISHING A COMMUNITY OF
CHARACTER COUNCIL - ADOPTED
COMMISSIONER MAC'KIE: Well, I would like to move
approval of 8-F, which is the creation of the Community of Character
Council.
COMMISSIONER FIALA: Yes. I second that.
CHAIRMAN CARTER: Well, we have to do appointment of
members.
COMMISSIONER MAC'KIE: I think first we just -- no. We're
just --
CHAIRMAN CARTER: Wait a minute. Are we on the same
page here?
COMMISSIONER MAC'KIE: 8-F.
CHAIRMAN CARTER: This says appointment of members.
COMMISSIONER MAC'KIE: No, this one here (indicating).
CHAIRMAN CARTER: I stand corrected. Thank you.
COMMISSIONER MAC'KIE: You're welcome.
CHAIRMAN CARTER: We have not moved to the Board of
County Commissioners. We are at 8-F. Thank you, Commissioner
Mac'Kie.
COMMISSIONER MAC'KIE: You're welcome.
CHAIRMAN CARTER: I have a motion by Commissioner
Mac'Kie for approval. Do I have a second?
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September 11, 2001
COMMISSIONER FIALA: Second.
CHAIRMAN CARTER: I have a second by Commissioner
Fiala. Any discussion by members of the board? (No response.)
CHAIRMAN CARTER: Hearing none, do we have any public
speakers?
MR. OLLIFF: No, sir.
CHAIRMAN CARTER: All in favor signify by saying aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN CARTER: Aye.
COMMISSIONER MAC'KIE: Aye.
CHAIRMAN CARTER: Opposed by the same sign.
COMMISSIONER HENNING: Aye.
CHAIRMAN CARTER: Motion carries 4-1.
Item #8J
ORDINANCE 2001-50 AMEND1NG ORDINANCE NO. 96-40 BY
ADOPTING CERTAIN NEW PERSONNEL POLICIES -
ADOPTED
We are now at Item --
MR. OLLIFF: I believe you're at Item 8-J,
Mr. Chairman.
CHAIRMAN CARTER: 8-J, recommendation to amend
Ordinance No. 96-40 by adopting certain new personnel policies and
modifying several existing personnel policies.
COMMISSIONER MAC'KIE: This is just bringing everything
that we've already worked on over the years into the personnel
policy, and I'll go ahead and put a motion on the floor for approval.
Page 56
September 11, 2001
COMMISSIONER HENNING: I'll second.
COMMISSIONER COLETTA: Second.
CHAIRMAN CARTER: I have a motion to approve.
pair of seconds from Commissioners Henning and Coletta.
discussion? Any public speakers?
MR. OLLIFF: No, sir.
CHAIRMAN CARTER:
(Unanimous response.)
CHAIRMAN CARTER:
(No response.)
CHAIRMAN CARTER:
I have a
Any
All in favor signify by saying aye.
Opposed by the same sign.
Motion carries 5-0. Thank you.
Item #9A
COMMISSIONERS HENNING, FIALA AND COLETTA TO
SERVE ON THE VALUE ADJUSTMENT BOARD; HEARINGS
TO BE HELD OCTOBER 3, 8 AND 10(IF NECESSARY), 2001 -
APPROVED
Now we're at the Board of County Commissioners, Item
9-A, as in apple, appointment of commissioners to serve on the Value
Adjustment Board. And having had that pleasure for two years, I
think it would be a wonderful experience for new commissioners to
have that opportunity. Do we have any volunteers this morning
because I believe we need three?
COMMISSIONER MAC'KIE: I could serve on the last day,
Monday, October 8th.
MS. FILSON: If I may make a comment, please. Sue Filson
from the board office. We need to schedule at least two days and one
tentative day. I've been in contact with the school board, and they
have a school board meeting on October 4th, so they have a conflict
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September 11, 2001
with that date. So we're looking at Wednesday, October 3rd;
Monday, October 8th; and a tentative on the 10th, which would be
Wednesday. Then I need three commissioners as members and two
alternates.
COMMISSIONER MAC'KIE: So you need all five of us.
CHAIRMAN CARTER: So you need all five of us. I'm willing
to be an alternate --
MS. FILSON: I talked to minutes and records.
CHAIRMAN CARTER: -- except on the 3rd because I will be
in Orlando fighting for our rights in Southwest Florida.
COMMISSIONER FIALA: I had all three men's names down.
I thought they would be outstanding. It looks like one is already
quickly --
CHAIRMAN CARTER: We will not be being accused of being
a male chauvinist Value Adjustment Board, Commissioner Fiala.
COMMISSIONER MAC'KIE: It is a challenging thing, but I do
think if you haven't served before, you really should.
COMMISSIONER HENNING: I'll throw my hat in.
COMMISSIONER FIALA: Okay. So will I.
CHAIRMAN CARTER: Okay. I have Commissioner Henning.
I have Commissioner Fiala.
COMMISSIONER COLETTA: Put me in too.
CHAIRMAN CARTER: And I have Commissioner Coletta.
Thank you. We have three.
MS. FILSON: And at 8:30 this morning Maureen advised me
that she had received over 200 appeals and was still opening Federal
Express packages.
COMMISSIONER COLETTA:
these windows won't open.
COMMISSIONER MAC'KIE:
CHAIRMAN CARTER:
That's one of the reasons why
Okay.
All right. That takes care of that.
Page 58
September 11, 2001
Item #9B
RESOLUTION 2001-354 APPOINTING MARK STRAIN TO THE
COLLIER COUNTY PLANNING COMMISSION- ADOPTED
We'll go to Item B.
COMMISSIONER HENNING:
COMMISSIONER COLETTA:
COMMISSIONER HENNING:
COMMISSIONER COLETTA:
Motion to --
I would--
Go ahead.
I'd like to make a motion for
District 5 for Mark Strain to be the person to be considered for the
Planning Commission.
COMMISSIONER FIALA: I'll second that.
CHAIRMAN CARTER: I have a motion by Commissioner
Coletta and a second by Commissioner Fiala. All in favor signify by
saying aye.
Unanimous response.)
CHAIRMAN CARTER:
No response.)
CHAIRMAN CARTER:
Planning Council, Mr. Strain.
Opposed by the same sign.
Motion carries. Welcome to the
Item #9C
RESOLUTION 2001-355 APPOINTING JOY DAWSON TO THE
GOLDEN GATE ESTATES LAND TRUST COMMITTEE-
ADOPTED
Now, appointment of members to the Golden Gate
Beautification Advisory Committee.
Page 59
September 11, 2001
COMMISSIONER MAC'KIE: One opening, one applicant.
Motion to approve.
COMMISSIONER FIALA: Second.
CHAIRMAN CARTER: I have a motion by Commissioner
Mac'Kie and a second by Commissioner Fiala. All in favor signify
by saying aye.
(Unanimous response.)
CHAIRMAN CARTER: Opposed by the same sign.
(No response.)
CHAIRMAN CARTER: Motion carries 5-0.
Appointment of a member to the Golden Gate
Beautification Advisory. I thought we just did that. Oh, we've got
appointment of a member to the Golden Gate Estates Land Trust
Committee.
COMMISSIONER MAC'KIE: No. That's the one we just did.
Item #9D
RESOLUTION 2001-356 APPOINTING GLENN WILT TO THE
GOLDEN GATE BEAUTIFICATION ADVISORY COMMITTEE-
ADOPTED
CHAIRMAN CARTER: Okay. Beautification is next.
COMMISSIONER MAC'KIE: On this one I would like to
support Mr. Wilt's application, but I understand we would need to
give direction to the county attorney to make a slight amendment to
an ordinance so that a volunteer citizen who's willing to work this
hard -- so we will allow him to. We currently have a rule that you
can only serve on two committees.
So I would first like to see if there is agreement on the board to
give that direction to the county attorney to make that change. If Mr.
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September 11, 2001
Wilt is willing to serve on three committees, God bless him. We
know how hard he works. I'm willing to support that.
COMMISSIONER HENNING: Just a clarification. Isn't one of
those committees an ad hoc committee and not an advisory board?
COMMISSIONER FIALA: Yes, sir.
COMMISSIONER HENNING: Is that needed to amend it when
you're on an ad hoc?
MR. WEIGEL: Well, we could go that route. An ad hoc
committee does count as a committee. It's just a committee that
meets for a year or less, technically, although that's not always the
case. But it is a committee, and it counts as two committees if a
person is on one.
We can make the change so that ad hoc committees are not those
committees, which would take care of the situation, I believe, in this
case of Mr. Wilt, or we can make a little more broad change that says
that the board has the ability in recognizing the contributions and
experience of individuals to just appoint them to a third or additional
committee.
COMMISSIONER MAC'KIE: Just to give us the authority to
waive it if we deem it appropriate. That's the amendment I'm seeking.
COMMISSIONER COLETTA: My only comment is I would
like to have it on a case-by-case basis --
COMMISSIONER MAC'KIE: Exactly.
COMMISSIONER COLETTA: -- because there's cases where
we've got-- like the Planning Commission and the Productivity
Committee. I kind of think those things that are very heavy weighted
they should have the full attention of the people that are on it.
COMMISSIONER MAC'KIE: So with that exception, can we
-- I mean, with that instruction can we move approval of Mr. Wilt?
MR. WEIGEL: Well, I'd say the technical answer is you can
move the approval and it's pending or tentative in approval by the
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September 11, 2001
board of the ordinance amendment. COMMISSIONER MAC'KIE: So moved.
MR. WEIGEL: We'll crank this up and do it immediately.
CHAIRMAN CARTER: Okay. I have a motion by
Commissioner Mac'Kie.
COMMISSIONER HENNING: Second.
CHAIRMAN CARTER: I have a second by Commissioner
Henning. All in favor signify by saying aye.
(Unanimous response.)
CHAIRMAN CARTER:
(No response.)
CHAIRMAN CARTER:
Opposed by the same sign.
Motion is approved.
Item #9E
RESOLUTION 2001-357 REAPPOINTING MONTE LAZARUS
AND STEPHEN PRICE AND APPOINTING DENNIS VASEY
AND BILL WEST TO THE COLLIER COUNTY AIRPORT
AUTHORITY- ADOPTED
Now we come to the appointment of members to the Collier
County Airport Authority.
COMMISSIONER MAC'KIE: I move approval of the
committee's recommendations, please.
COMMISSIONER HENNING: I would hope that we would get
somebody a little bit more diverse in qualifications and in the
community also from taking a look at it. I do appreciate everybody's
involvement in it, but we have some people all around the county --
of course, one of them has to be in the area of Immokalee.
MS. FILSON: Yes. The appointments you make today, one of
them will have to be from Marco and one of them will have to be
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September 11, 2001
from Immokalee, and we currently have representation for
Everglades City.
COMMISSIONER MAC'KIE: My motion would handle both
of those by Mr. Lazarus and Mr. Price having those two geographic
areas.
COMMISSIONER HENNING: I can make a motion that would
accommodate that, too, and besides get a little bit more diversity on
the board.
COMMISSIONER MAC'KIE: Well, there's already a motion
on the floor. We'll see if there's a second for it. If there's not, then
you'll make a different motion. I think that the current Airport
Authority needs to be reappointed. They are in the middle of
challenging times. They're raising -- they're rising to the challenge.
They're doing a fantastic job.
COMMISSIONER COLETTA: I agree with you,
Commissioner Mac'Kie. I'll second your motion.
CHAIRMAN CARTER: Okay. I have a first by Commissioner
Mac'Kie and a second by Commissioner Coletta. Now we can
continue discussion. Are there any other comments by the
commissioners?
COMMISSIONER FIALA: Yes. I had already heard from a
couple other people who seemed like interested parties. I love the
idea of Monte Lazarus and Steve Price continuing on, and they would
represent both of those areas. I know that -- I don't know if I should
mention names because we're in the middle of a motion here.
CHAIRMAN CARTER: You can do anything you want.
COMMISSIONER FIALA: Okay. Like, Norm Peter, for
instance, I think he would be great on this thing. Charles Krout has
written us of his interest as well. I don't know Mr. Krout, but I met
him once when he came into my office, and he seemed like a nice
enough fellow. I just thought if there are any other people that we
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September 11, 2001
want to consider, maybe, you know --
COMMISSIONER COLETTA: My personal thoughts on it is
that we have a board that's been through quite a trying experience
while they were bringing themselves around. They paid the price,
and they have requested us to consider the four. That's why my
second for that motion stands.
COMMISSIONER MAC'KIE: Mr. Chairman.
CHAIRMAN CARTER: Yes.
COMMISSIONER MAC'KIE: Could I read from the
recommendation letter from the chairman of the Airport Authority?
It's on page 3 of this agenda item. It says -- it repeats their
recommendation of the four that I've moved and says (as read): "All
four members have made invaluable contributions to ongoing
projects. All four have significant and diverse experience and
background in business, finance, accounting, law, general
management, engineering, airport problems, and management and
public service. The value of their 'corporate memory' is
immeasurable, and they are not only significant assets to the
Authority, but to the Collier County community as a whole. These
members are uniquely qualified to deal with the airport's ongoing
projects and concur with the board's recommendation and urge the
County Commission to continue moving forward with this dedicated
and outstanding team."
With that kind of-- I had a lot of-- you know, there's so many
good applicants, and there's so many people who would be good for
this board. But when I read it, that's the strongest recommendation
I've ever seen from a committee. They know better than me, and I'm
not going to substitute my judgment for theirs.
CHAIRMAN CARTER: I support your motion. I support
Commissioner Coletta's second. I concur, and I am going on the
basis of what you read, and I'm going on the basis or request of the
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September 11,2001
Airport Authority director.
MR. OLLIFF: Mr. Chairman, I can count-- I have to at least
put this on the record that when you have four of the people that are
on a seven-member committee and they are the ones who
recommended that they be reappointed, you need to recognize that
the majority of the people that made the quorum were the people who
were recommending themselves for reappointment. And, frankly, I
think it sends a poor message to the community when we have 10
new applicants, and we are going to bend the rules in order to be able
to put four existing members back on after two solid terms.
COMMISSIONER HENNING: I read the applicants' resumes,
and I did see in there what the Chairman Gene Schmidt wrote.
Obviously something was missing from the resume because there
wasn't all that.
MS. FILSON: I believe that letter may have been sent to the
commissioners directly.
COMMISSIONER MAC'KIE: No, it's in the packet.
I think what it is is he disagrees with the assessment of Mr. Schmidt.
Is that what you mean?
COMMISSIONER HENNING: Well, either that or some of
their qualifications are missing out of the resumes.
COMMISSIONER MAC'KIE: I see.
COMMISSIONER HENNING: I mean, I read the agenda
packet.
MS. FILSON: If I may make one more comment.
COMMISSIONER MAC'KIE: Of course.
MS. FILSON: If Mr. Lazarus, Price, and Spinelli are
reappointed, the board will have to waive that section of the
ordinance by a unanimous vote.
COMMISSIONER MAC'KIE: Unanimous vote?
CHAIRMAN CARTER: I can count. I don't think it's there, but
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September 11, 2001
I'll call the motion.
COMMISSIONER COLETTA: Before you end the discussion,
we might want to consider -- not that I want to put everything off, by
maybe consider it for one more week. We can go back and review
this. Personally, I think there's good reason to do so.
COMMISSIONER HENNING: May I comment on your
comment?
CHAIRMAN CARTER: Of course.
COMMISSIONER COLETTA: Yeah, you may.
COMMISSIONER HENNING: Thank you.
CHAIRMAN CARTER: That's the only way we can talk to
each other.
COMMISSIONER HENNING: We have postponed this
through our vacation. The Airport Authority needs a full body to
make those day-to-day decisions or decisions that we gave them. I
don't think it's something that we can and should delay.
CHAIRMAN CARTER: Well, I'm hearing there is -- Mr.
Lazarus or Mr. Price -- there was a couple here that --
COMMISSIONER MAC'KIE: Three of them.
CHAIRMAN CARTER: Huh?
COMMISSIONER MAC'KIE: Three, I think, would have to
have the unanimous vote.
MR. FILSON: Mr. Lazarus, Mr. Stephen Price, and Mr. Ernest
Spinelli.
COMMISSIONER FIALA: But Steve Price is the only one
from Immokalee, so really -- and we have to have Immokalee
represented.
COMMISSIONER COLETTA: He's absolutely critical that he's
on there.
COMMISSIONER FIALA: Right. And Monte Lazarus, I know
there are two others, but one of them has already recommended -- I
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September 11, 2001
would recommend that we stay with Monte Lazarus so at least we
cover Marco and Immokalee.
COMMISSIONER HENNING: I called a motion, and there's a
second. Let's get through that.
CHAIRMAN CARTER: Okay. I call the motion. All in favor
signify by saying aye.
(Unanimous response.)
CHAIRMAN CARTER: Opposed?
(No response.)
COMMISSIONER MAC'KIE: It passes unanimously, and it
included the waiver; right? Is that your intention?
CHAIRMAN CARTER: Because the motion -- let me re-read
the motion so everybody understands.
COMMISSIONER FIALA: I was going to vote no.
I'm sorry.
CHAIRMAN CARTER: Okay. Just a second. The motion
would have been to approve the committee's recommendations and
then --
COMMISSIONER MAC'KIE: Including the necessary waivers.
CHAIRMAN CARTER: Including the necessary waivers for
these four gentlemen to continue. Now, does everybody understand
that that's the motion? If you vote in favor of that, then that's where
you are. So I call the motion. If you are in favor signify by saying
aye.
COMMISSIONER MAC'KIE:
COMMISSIONER COLETTA:
CHAIRMAN CARTER: Aye.
Opposed?
COMMISSIONER FIALA: No.
COMMISSIONER HENNING:
CHAIRMAN CARTER:
Aye.
Aye. And I was hoping--
Motion fails 3-2.
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September 11, 2001
COMMISSIONER HENNING: I was hoping that we can get
through this a little quicker. Even though, you know, my feelings
might not be the same, I think I need to support it. So I will make a
motion in -- let's have this discussion about Mr. Lazarus. He needs to
be on there for what reason?
COMMISSIONER FIALA: Marco Island.
MR. OLLIFF: Well, we also have other applicants from Marco
Island too.
COMMISSIONER FIALA: Yeah, I know. I just feel that he
would be outstanding for it. I mean, I've met the man. I know that he
has a deep interest in it. So I would just like him to continue.
COMMISSIONER HENNING: Okay. I will make a motion
that we appoint Mr. Lazarus, Mr. Price --
COMMISSIONER FIALA: I'll second that.
CHAIRMAN CARTER: Wait a minute.
COMMISSIONER HENNING: -- Mr. Vasey, and Mr. West.
CHAIRMAN CARTER: I'm sorry. I didn't catch the third one.
COMMISSIONER FIALA: I'm sorry.
COMMISSIONER HENNING: Mr. Vasey and Mr. West.
COMMISSIONER COLETTA: If your motion fails, am I
allowed to say what I would suggest for a second motion?
COMMISSIONER MAC'KIE: You are.
CHAIRMAN CARTER: You are. Does this take a unanimous
vote since there's a waiver?
MS. FILSON: It does if you include the waiver with the
appointment.
CHAIRMAN CARTER: It would have to be if we include Mr.
Price and Mr. Lazarus, if I read this correctly.
COMMISSIONER COLETTA: Maybe we should separate
them out. Mr. Henning's got a motion on the floor right now.
COMMISSIONER HENNING: Yes, I do.
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September 11, 2001
COMMISSIONER MAC'KIE: Let's call the question.
CHAIRMAN CARTER: I'm going to call the question.
COMMISSIONER FIALA: Was it seconded?
COMMISSIONER MAC'KIE: Huh-uh.
CHAIRMAN CARTER: Was there a second to Mr. Henning's
motion?
COMMISSIONER MAC'KIE: Not by me.
CHAIRMAN CARTER: Motion dies for failure of a second.
We're back to the drawing board.
COMMISSIONER COLETTA: Okay. I'll make a motion that
we reappoint Mr. Lazarus and Mr. Price.
COMMISSIONER FIALA: I'll second that.
CHAIRMAN CARTER: Okay. I have a motion by
Commissioner Coletta. I have a second by Commissioner Fiala to
appoint Mr. Lazarus and Mr. Price with the waiver.
COMMISSIONER FIALA: Right. Two for now, and then we'll
talk about the others.
CHAIRMAN CARTER: That's correct. That's where we're at.
We've got two. Any discussion? (No response.)
CHAIRMAN CARTER: All in favor signify by saying aye.
(Unanimous response.)
CHAIRMAN CARTER: Opposed by the same sign.
(No response.)
CHAIRMAN CARTER: Motion carries 5-0. Those two people
are appointed. Now you're looking at the two other openings.
COMMISSIONER HENNING: I recommend that we appoint
Mr. Vasey and Mr. West.
CHAIRMAN CARTER: Any other comments by the board?
COMMISSIONER COLETTA: I know Mr. Vasey very well.
It's a wonderful choice. I don't know Mr. West, but I would defer to
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September 11, 2001
Mr. Henning. I'll second his motion.
COMMISSIONER MAC'KIE: I think it's Vasey.
CHAIRMAN CARTER: Vasey.
COMMISSIONER HENNING: Vasey.
COMMISSIONER COLETTA: Vasey, excuse me.
CHAIRMAN CARTER: No discussion. All in favor signify by
saying aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER MAC'KIE: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN CARTER: Opposed by the same sign.
Aye.
Motion carries 4-1.
Next item--
THE COURT REPORTER: I need to change my paper.
CHAIRMAN CARTER: Yes, ma'am. If you need anything,
you just throw something at me. I respond well to that. (Pause.)
CHAIRMAN CARTER: I need to return back to the Value
Adjustment Board. It was brought to my attention by the county
manager that we need a motion to make this all up to snuff and legal.
So I need a motion to --
COMMISSIONER MAC'KIE: Motion to approve the three
newest members as the Value Adjustment Board regulars and the two
oldies, Carter and Mac'Kie, as the alternates.
COMMISSIONER COLETTA: So moved.
CHAIRMAN CARTER: Seconded by Commissioner Coletta --
the motion was by Commissioner Mac'Kie, seconded by
Commissioner Coletta. All in favor signify by saying aye.
(Unanimous response.)
Page 70
September 11, 2001
CHAIRMAN CARTER:
(No response.)
CHAIRMAN CARTER:
Opposed by the same sign.
Motion carries 5-0.
Item #9F
RESOLUTION 2001-358 REAPPOINTING WILLIAM P. DILLON,
RAYMOND T. HOLLAND AND FRED N. THOMAS, JR. TO THE
IMMOKALEE ENTERPRISE ZONE DEVELOPMENT AGENCY
(EZDA) - ADOPTED
That takes us now to the next item which will be the
appointment of members to the Immokalee Enterprise Zone.
MS. FILSON: Sue Filson again. This one we have a similar
problem in that Fred Thomas currently serves on three, and one of
them will be the reappointment to the Immokalee EZDA board.
Mr. Thomas is out of town and unable to attend the meeting;
however, he indicated that if you weren't willing to waive the
amendment that you made in a prior vote to allow him to serve on the
Immokalee EZDA Board, that he would be willing to resign from one
of his other boards that I have listed below, which is the Lake
Trafford Restoration Ad Hoc Board and the Rural Lands Assessment
Area Oversight Committee.
COMMISSIONER FIALA: So he would be willing to --
MS. FILSON: He would be willing to resign from one of those
if you didn't allow him the waiver to serve on three.
COMMISSIONER MAC'KIE: We've already -- I would be
willing to move, subject to the Immokalee commissioner's thoughts -- COMMISSIONER COLETTA: Mr. Thomas is absolutely
critical to the makeup of this particular board.
COMMISSIONER MAC'KIE: So rather than ask him to resign
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September 11, 2001
from another since we've already just --
COMMISSIONER COLETTA: I'd rather not. He's heading
towards retirement, so just a little more time. I'm very concerned that
he doesn't get on too many more boards, to be honest with you, but in
this case here it's critical that he's on this one.
COMMISSIONER MAC'KIE: I make a motion to approve the
committee's recommendations with the same conditional language
that we had in the earlier motion subject to the amendment of the
ordinance allowing the County Commission to waive that limit.
COMMISSIONER COLETTA: I'll second it.
CHAIRMAN CARTER: Motion by Commissioner Mac'Kie,
seconded by Commissioner Coletta. Any discussion? (No response.)
CHAIRMAN CARTER: All in favor signify by saying aye.
(Unanimous response.)
CHAIRMAN CARTER: Motion approved 5-0.
Now, that will take us to the appointment of members to the
Immokalee Enterprise Zone Development Agency.
COMMISSIONER MAC'KIE: That's the one we just did.
CHAIRMAN CARTER: We just did it. I'm sorry.
Item #9G
RESOLUTION 2001-359 APPOINTING KENNETH LLOYD TO
THE CONTRACTORS' LICENSING BOARD- ADOPTED
To the Contractors' Licensing Board. I'm getting ahead of myself.
COMMISSIONER HENNING: I make a motion that we
appoint Mr. Lloyd to the Contractors' Licensing Board.
COMMISSIONER COLETTA: I'll wait for discussion and wait
for a second.
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September 11,2001
COMMISSIONER MAC'KIE: I don't know them.
COMMISSIONER FIALA: I don't know them either.
CHAIRMAN CARTER: Do we have a second?
COMMISSIONER HENNING: I'll withdraw my motion.
COMMISSIONER COLETTA: Okay. I make a motion that we
appoint Robert Jenkins.
COMMISSIONER FIALA: I'll second that.
CHAIRMAN CARTER: I have a motion by Commissioner
Coletta. I have a second by Commissioner Fiala to appoint Mr.
Robert Jenkins to the Contractors' Licensing Board. Any discussion?
COMMISSIONER MAC'KIE: I just don't know either of these
gentlemen.
COMMISSIONER HENNING: Commissioner Coletta, what's
your basis for Mr. Jenkins' involvement? I know he's --
COMMISSIONER COLETTA: I'm glad you asked.
COMMISSIONER
COMMISSIONER
Mr. Jenkins to be a very
HENNING: -- very controversial.
COLETTA: I'm glad you asked. I found
caring person. He stepped forward and
volunteered to be on the Black Affairs Advisory Board. While he is
not black, he's a compassionate person. I think we need to have a
compassionate person on the Code Enforcement Board. I really do.
We need to have somebody that might be able to
bring a little bit of a balance. I'm not saying that they're doing a bad
job. They're doing an excellent job. It's just that I see this man as an
essential part of their makeup in the future.
COMMISSIONER FIALA: Does he have any background with
contractors or anything like that?
MS. FILSON: This position that you're appointing is for
consumer representation, and I actually had to advertise for the other
two positions.
COMMISSIONER HENNING: I think he has been in the
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September 11, 2001
construction trade, and that's why I recommended Mr. Lloyd because
I did not see that in his resume.
COMMISSIONER MAC'KIE: You know, this is going to be an
interesting board meeting day. Because of what you just stated,
Commissioner Coletta, I'm not going to support that nomination
because I think that the Code Enforcement Board needs to be black
and white what do the rules say. The compassionate part happens
with our staff. The rules are the rules.
You know, God bless them. They have a horrible job of having to be
the hammer, but we need a hammer as a Code Enforcement Board, so
I'm not going to support that.
COMMISSIONER FIALA: This is going to be the consumer
part. Well, I do know Bob Stakich, and he was who I was going to
recommend, but he is from the building industry. I mean, he's a
developer on Marco Island. This is just for a consumer -- and I don't
know Kenneth Lloyd. He has no relationship at all with the building
industry?
COMMISSIONER HENNING: Not from what I read in the
resume.
COMMISSIONER FIALA: I didn't see anything, but I thought
maybe you knew him.
COMMISSIONER HENNING: No.
CHAIRMAN CARTER: Well, do we have a motion for--
COMMISSIONER COLETTA: You had a motion for Robert
Jenkins. You had a second. Neither one has been withdrawn at this
time. Maybe it is now. I don't know. My motion still stands.
COMMISSIONER MAC'KIE: Who made the second?
COMMISSIONER FIALA: I did. I made it. I didn't know that
he was in the contracting business.
CHAIRMAN CARTER: Well, do you want to withdraw your
second, or do you want to stay with it?
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September 11, 2001
COMMISSIONER FIALA: No. I'll listen to this. I'm sorry?
COMMISSIONER COLETTA: He touched on the edges of the
construction business in the past. He's not in it now.
CHAIRMAN CARTER: Here's the procedure, Commissioner
Fiala. You were asked do you want to maintain your second or
withdraw it.
COMMISSIONER FIALA:
you, sir.
I do want to maintain it. Thank
CHAIRMAN CARTER: Okay. That goes to a vote in front of
the board then. All in favor of Mr. Jenkins signify by saying aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN CARTER: Opposed?
COMMISSIONER MAC'KIE:
CHAIRMAN CARTER: Aye.
COMMISSIONER HENNING:
Aye.
CHAIRMAN CARTER:
COMMISSIONER HENNING:
appoint Mr. Lloyd.
COMMISSIONER MAC'KIE:
COMMISSIONER COLETTA:
considering the circumstances.
CHAIRMAN CARTER:
(No response.)
CHAIRMAN CARTER:
(Unanimous response.)
CHAIRMAN CARTER:
(No response.)
CHAIRMAN CARTER:
much, board members.
COMMISSIONER COLETTA:
Motion fails 3-2.
I make a motion that we
Second.
Hey, it's an excellent choice
Any discussion?
All in favor signify by saying aye.
Opposed by the same sign.
Motion carries 5-0. Thank you very
Thank you for multiple
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September 11, 2001
choices.
CHAIRMAN CARTER: And for those of us who are always
criticized that we're rolling through these and never giving it any
thought, hey, folks, we do give it a lot of thought.
COMMISSIONER MAC'KIE: I've given it a lot of thought.
COMMISSIONER COLETTA: Wait until you see this one.
CHAIRMAN CARTER: I know Mr. Jenkins very well. I think
he's an excellent individual. But looking at the criteria and
everything else, Mr. Lloyd, who I don't know at all, seems to be
there, and we'll look to him to do a great job.
Item #9H
RESOLUTION 2001-360 APPOINTING BRUCE ANDERSON,
MARK MORTON, KATHY PROSSER, MICHAEL BAUER,
SALLY BARKER, ELLIN GOETZ, JAMES LUCAS, SAMUEL
NOE, PATRICIA POCHOPIN, JAMES RIDEOUTTE, GORDON
WATSON AND BILL WEST TO THE COMMUNITY
CHARACTER/SMART GROWTH ADVISORY COMMITTEE-
ADOPTED
Now, we come to appointment of members to the Smart Growth
Advisory Committee.
COMMISSIONER MAC'KIE: I don't know how you want to
handle this, Mr. Chairman, because it has categories, but I would
hope that--
COMMISSIONER HENNING:
have some --
COMMISSIONER MAC'KIE:
COMMISSIONER HENNING:
recommendations.
Well, it's my committee, and I
Sorry.
-- I have some
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September 11, 2001
CHAIRMAN CARTER: Yes, sir.
COMMISSIONER HENNING: But before I make any
recommendations for a motion, does anybody have a burning desire
to get somebody on this board?
COMMISSIONER FIALA: I do.
CHAIRMAN CARTER: I do.
COMMISSIONER HENNING: Okay. Let me hear it so I can
make the motion.
COMMISSIONER MAC'KIE: I was --
CHAIRMAN CARTER: Commissioner Mac'Kie, go for it.
COMMISSIONER MAC'KIE: I was wondering -- what I was
going to say before was a question for the chairman on if we might
break this down since it's in three categories. First we appoint the
two developers, and then the two environmentalists, and then the
eight community members. Would that be acceptable to you?
COMMISSIONER HENNING: That would be fine with me.
COMMISSIONER MAC'KIE: On the developer side, I would
very much like to see --
COMMISSIONER HENNING: May I make the motion?
COMMISSIONER MAC'KIE: I'm not --
COMMISSIONER FIALA: Can I ask a question before we go
any further?
CHAIRMAN CARTER: Yes, yes.
COMMISSIONER FIALA: Okay. Down here we're talking
about these things, community leadership, this Bill West.
COMMISSIONER MAC'KIE: Right now we're talking about
the development seats.
CHAIRMAN CARTER: Developer seats. We're taking them
by section. We're going to look at -- on your list it will say
"developer representative, category" in the middle of the page. There
are two appointments that can be made. Developer-- representatives
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September 11, 2001
would be, A, Brace Anderson-- COMMISSIONER MAC'KIE: Vince Cautero.
CHAIRMAN CARTER: -- Mark Morton, Vince Cautero. Have
I missed anybody?
COMMISSIONER MAC'KIE: Yes. May I just finish my
comment?
CHAIRMAN CARTER: Yeah, and Bob Mulhere -- no, no, I'm
sorry.
Yes. Go ahead, Commissioner Mac'Kie.
COMMISSIONER MAC'KIE: There are one, two, three, four,
five, six people who are indicated as developer representatives. Of
those I would recommend Deb Forester, who was previously known
to us as Debrah Preston. She was on our staff. She is an outstanding
planner. She now works in the private sector. She's the most creative
thinker I've seen in a long time. I would very much hope she could
be on there. Then I would support Mark Morton who also has those
kind of credentials and a great deal of national experience in the
smart growth arena. That's just my two cents. Those are the two I'd
support.
COMMISSIONER FIALA: I had two different ones identified,
but I'll second that.
COMMISSIONER MAC'KIE: I'm not going to make a motion.
COMMISSIONER FIALA: Oh, oh.
COMMISSIONER MAC'KIE: Mr. Henning wants to make that
motion.
CHAIRMAN CARTER: Let's go through the laundry list here.
I have -- and I'm going to check them off--
COMMISSIONER COLETTA: Forgive me, I would really like
to hear from Commissioner Henning since it's his committee.
CHAIRMAN CARTER: I know. We're going to make a
laundry list, and everybody will have a chance to make an input, so
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September 11, 2001
stay with me, please. So the two that I've heard was Mark Morton
and --
COMMISSIONER MAC'KIE: Debrah Forester.
CHAIRMAN CARTER: -- Debrah Forester. Okay.
Commissioner Henning.
COMMISSIONER HENNING: Who I had down there, and I'll
tell you the reasons, is -- yeah, Debrah, formerly Preston, is a great
person. Mark Morton has been very much involved on a state level
of smart growth issues and so on and so forth. I think he's very vital
to the committee and can bring so much.
I -- as controversial as it might seem to somebody, I thought
Bruce Anderson would be good because he has the experience of a
land-use attorney and can give a prospective of legal issues to the
committee only being one voice.
UNIDENTIFIED MALE: Here, here.
CHAIRMAN CARTER: And your second?
COMMISSIONER MAC'KIE: Your second choice would be?
COMMISSIONER HENNING: Mark Morton and Bruce
Anderson.
CHAIRMAN CARTER: Okay. So--
COMMISSIONER HENNING: I'll make that in the form of a
motion.
COMMISSIONER MAC'KIE: I didn't hear the input from the
other voters.
CHAIRMAN CARTER: Let me get the input from the others,
and then let's see where we are. Commissioner Coletta.
COMMISSIONER COLETTA: I'm going to defer to
Commissioner Henning's call on this because he's the one that's going
to have to live with the committee.
CHAIRMAN CARTER: Okay.
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September 11,2001
COMMISSIONER FIALA: And so will I.
CHAIRMAN CARTER: Okay. And that makes it the same in
my position because I'm going to go -- I have five unanimously for
Mr. Morton, and I currently have four for Mr. Anderson. So Mr.
Henning -- Commissioner Henning, would you like to make a
motion?
COMMISSIONER HENNING: Yeah. To represent the
development community, Bruce Anderson and Mark Morton.
CHAIRMAN CARTER: Do I have a second?
COMMISSIONER FIALA: I'll second it.
CHAIRMAN CARTER: I have a second from Commissioner
Fiala. Any discussion? (No response.)
CHAIRMAN CARTER: All in favor signify by saying aye.
(Unanimous response.)
CHAIRMAN CARTER: Opposed by the same sign.
(No response.)
CHAIRMAN CARTER: Motion carries 5-0.
Okay. We have the developer representative. Now we go on to
the next group of eight community leaders; right?
COMMISSIONER MAC'KIE: How about the environment?
CHAIRMAN CARTER: Oh, I'm sorry. We've got two
environmentalists.
COMMISSIONER MAC'KIE: I think Kathy Prosser and
Michael Bauer would be excellent. Mimi Wolok is no longer
working for The Conservancy, so this may be simpler than the last
one.
MS. FILSON: And if I may make a comment on that. I'm
sorry. If Kathy Prosser is appointed, you will also have to waive that
section of the ordinance that you amended in a prior vote. She
currently serves on two committees.
Page 80
September 11, 2001
COMMISSIONER MAC'KIE: Thank you.
CHAIRMAN CARTER: Okay. Commissioner Henning.
COMMISSIONER HENNING: Yeah, I agree on Michael
Bauer. I talked to Mimi this morning. She's still much involved in --
COMMISSIONER MAC'KIE: Oh, absolutely.
COMMISSIONER HENNING: She still lives in the community
and is employed. I asked her, "Do you strongly feel that you can be
representing the environmental community?" And she said "yes," so
I was happy to hear that.
CHAIRMAN CARTER: So you're recommending Bauer and
Mimi; right?
COMMISSIONER HENNING: Yeah.
CHAIRMAN CARTER: Okay. I know where I am now.
Commissioner Fiala.
COMMISSIONER FIALA: Michael Bauer seemed to have very
good credentials. And Kathy Prosser, I was amazed when I read her
credentials. I think she would be an outstanding person because she
has a background in both of these areas, so I would vote for those
tWO.
CHAIRMAN CARTER: Commissioner Coletta.
COMMISSIONER COLETTA: Once again, I think that the
candidates you mentioned are all equally gifted, but I'm going to
defer to Commissioner Henning's choices.
COMMISSIONER MAC'KIE: I think it would be a shame,
Commissioner Henning, as much as -- I was a personal reference for
Mimi in her job search. I think the world of her, but I think we need
all of the weight of The Conservancy.
CHAIRMAN CARTER: Well, you haven't heard from me yet,
so hang in there. I support Kathy Prosser, and I would support
Michael Bauer.
COMMISSIONER MAC'KIE: So what's the count?
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September 11, 2001
CHAIRMAN CARTER: I have four for Michael Bauer, I have
three for Kathy Prosser, and I have two for Mimi Wolok.
COMMISSIONER MAC'KIE: So are you willing to move with
the majority or--
COMMISSIONER HENNING: Yeah.
COMMISSIONER MAC'KIE: Second.
CHAIRMAN CARTER: Okay. We have a motion by
Commissioner Henning, and I have a second by Commissioner
Mac'Kie for Michael Bauer and for Kathy Prosser. All in favor
signify by saying aye.
(Unanimous response.)
CHAIRMAN CARTER: Opposed by the same sign.
(No response.)
CHAIRMAN CARTER: Motion carries 5-0.
All right. Now we're down to the eight community leaders.
COMMISSIONER FIALA: There's my question. We just put
Mr. West on the Airport Authority, and I don't know if he has
something else. I don't know this gentleman, but do we want to put
him on community leadership meetings?
CHAIRMAN CARTER: If that's one of your eight. You've got
eight people to say, and we'll just go down the line.
COMMISSIONER FIALA: There's just about eight, yeah.
COMMISSIONER MAC'KIE: Why don't we each just identify
the eight. I'll be happy to go first with my eight. CHAIRMAN CARTER: Okay.
COMMISSIONER MAC'KIE: Sally Barker, Sam Noe, Jim
Rideoutte, Gordon Watson, Ellin Goetz, Pat Pochopin-- if I can say
it anywhere close to right, and then James Lucas and Bill West. They
were my eight.
COMMISSIONER HENNING: Wow. Are you looking at my
cheat sheet?
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September 11,2001
COMMISSIONER MAC'KIE: Hey, it could happen.
CHAIRMAN CARTER: Okay. Commissioner Henning.
COMMISSIONER HENNING: I had the same thing.
COMMISSIONER MAC'KIE: Good grief. Really?
CHAIRMAN CARTER: Miracles never cease. Okay.
Commissioner Fiala.
COMMISSIONER FIALA: I had the same thing.
COMMISSIONER MAC'KIE: Oh, come on.
COMMISSIONER FIALA: Honest to goodness. Look at this.
COMMISSIONER MAC'KIE: Pretty cool.
COMMISSIONER COLETTA: Call it unanimous.
MS. FILSON: Could you repeat those names, please, and then
also could I get you to waive that section of the ordinance?
CHAIRMAN CARTER: Yes. Let me assure that I have this
right. I have Sally Barker; is that correct?
COMMISSIONER MAC'KIE: Yes.
CHAIRMAN CARTER: I have Ellin Goetz.
COMMISSIONER MAC'KIE: Uh-huh.
CHAIRMAN CARTER: I have --
COMMISSIONER HENNING: Jim Lucas.
CHAIRMAN CARTER: -- Jim Lucas. I have Sam Noe.
COMMISSIONER HENNING: Pat --
CHAIRMAN CARTER: I understand. I see where it is.
COMMISSIONER HENNING: -- Pochopin.
CHAIRMAN CARTER: Okay.
COMMISSIONER HENNING: Jim Rideoutte.
CHAIRMAN CARTER: Right.
COMMISSIONER HENNING: Gordon Watson and Bill West.
I'll make a motion that we have these applicants on the select
committee.
COMMISSIONER FIALA: And I second that.
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September 11,2001
CHAIRMAN CARTER: I have a motion by Commissioner
Henning and a second by --
COMMISSIONER MAC'KIE: With a waive.
CHAIRMAN CARTER: -- with a waiver, and a second by
Commissioner Fiala. All in favor signify by saying aye.
(Unanimous response.)
CHAIRMAN CARTER: Opposed by the same sign.
(No response.)
CHAIRMAN CARTER: Motion carries 5-0. I think we did
some business. Did I miss anything, Miss Filson? MS. FILSON: You did fine.
CHAIRMAN CARTER: I did fine. I get an "A" for that. All
right.
We will be moving to the county manager's report. Prior to that
there was a recent note given to me that I passed down the dais. This
is the latest one I have. The AP, Associated Press, is reporting that
seven to eight planes are now known to have been highjacked. Four
are known as to their whereabouts. Fighters have been scrambling to
try and bring them down.
COMMISSIONER FIALA: They're all full of people.
CHAIRMAN CARTER: The other choice is that they go into a
building and kill more people. It's the toughest call that a president
of the United States could ever make. God bless him and be with us
and hope that it doesn't have to happen.
COMMISSIONER MAC'KIE: Prayer, prayer, prayer, lots of
prayers. Everybody pray.
Item # 10I
2002 TOURISM AGREEMENT BETWEEN COLLIER COUNTY
AND THE NAPLES BOTANICAL GARDENS- APPROVED IN
Page 84
September 11,2001
THE AMOUNT OF $500,000
MR. OLLIFF: Mr. Mudd, before you get started, I believe we
pulled one item off the consent agenda, which is Item 9-1, which was
16-A-2 previously, which was the Botanical Garden funding.
COMMISSIONER MAC'KIE: Since I pulled that off, the
representative of the garden is here, but-- gosh it's hard to not be
distracted with all that's going on today. I'm going to just say that it
has come to my attention that -- as you will recall, the original
application from the Botanical Garden was for $750,000. At the
hearing -- I'm sorry. They were recommended for approval at that
amount by the Tourist Development Council.
At the hearing we reduced that amount, and my recollection is
that was because of the -- we were concerned about spreading
ourselves too thin, that we wouldn't have enough money for all of the
applications. In fact, now there's $288,000 total in a carryforward,
and some of that is designated for the museum carryforward, and
some of it is designated in the general revenue carryforward.
What I would like to do is -- this is tax money collected sitting
in an account. I would very much like to see that money go to fully
fund the Botanical Gardens request, and I will remind the board that
these are leveraged dollars. As we up our contribution, there will
likewise be a matching grant -- I'm not sure of the amount but a
matching grant that will also increase it. So this is a leveraged
amount of money as opposed to leaving this money sitting in reserve.
COMMISSIONER HENNING: I can support that.
COMMISSIONER FIALA: What about the 38,000?
CHAIRMAN CARTER: Wait a second.
COMMISSIONER FIALA: Oh.
CHAIRMAN CARTER: I think Mr. Olliff needs to -- no
comment? Mr. Olliff will make a comment because I think there's a
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September 11, 2001
misconception here that that is monies that haven't been spent. Mr.
Olliff.
MR. OLLIFF: Mr. Chairman, the original carryforward amount
is money that you -- the best way to explain it is monies that were
budgeted in this current fiscal year that you did not anticipate that
you were going to spend in this fiscal year. And as we begin to plan
for what you're going to budget and spend in the next fiscal year, that
carryforward is included as part of the total revenue pot that you have
to be able to budget with for the next year. So you actually have
spent the majority -- well, not the majority, but a large portion of that
$283,000 already with your budgeted projects for the next upcoming
fiscal year.
The budgeted reserve amount that is left within this category of
your tourist tax monies is $177,000. That's an amount that is there,
and I would urge you to leave that as a reserve amount. One, because
you need to recognize that this is a revenue-generating fund based on
tourist taxes yet to be received in the next year. We are making
assumptions in terms of how much tourist tax you're going to get.
But a total of $2 million is budgeted within this particular account,
and to have $177,000 of leeway one way or the other to protect
yourself in terms of revenue flow is good fiscal planning. Secondly,
it represents just a little better than 5 percent of your total allocations,
and it's always a recommendation of ours that you retain a reserve for
contingencies, let alone a reserve for cash flow in this particular case.
So I think for a number of reasons we would recommend that
you leave that $177,000 as a reserve fund as much as we would like
to see some additional funding being made available for the Botanical
Garden, because we do agree it's a great project for East Naples.
CHAIRMAN CARTER: I totally agree with you,
Mr. Olliff. We've had this discussion. As a businessman I'm going
to tell you that if we think that that 5.5 percent is going to be there at
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September 11, 2001
the end of the year, I seriously doubt it. I think that it's going to melt
away. The economy is not going to support it. I think next year
you're going to see at least a flat tourist dollar revenue coming in here
at best, and I cannot support spending another dollar on anything
other than the commitments that we have made. Therefore, with all
due respect, Commissioners Henning and Mac'Kie, I cannot support
an additional expenditure.
COMMISSIONER MAC'KIE: I'm going to move that we
approve the expenditure of 150,000 of those dollars for the Botanical
Garden. I'll see if it goes somewhere.
COMMISSIONER FIALA: I'll second it.
CHAIRMAN CARTER: I have a first by Commissioner
Mac'Kie. I have a second by Commissioner Fiala. Any comments
from the commissioners?
COMMISSIONER COLETTA: Yes, I do have some comments.
We went through a long and exhausting process when we were
divvying up the funds for the tourist tax to meet all the needs of this
community. Suddenly there's found money out there that we're going
to send off in one direction. We're not acting responsible. We're
kissing money goodbye. At this point in time, I think we need to take
a step backwards and really look at what we're doing. We're
spending the taxpayers' money without due process as far as I'm
concerned.
COMMISSIONER MAC'KIE: Well, that's the last thing I
intend, and if that is the impression, frankly, I'll withdraw it. I'll
withdraw the motion.
COMMISSIONER COLETTA: I'm sorry to be so rude and
blunt on that--
COMMISSIONER MAC'KIE: No.
COMMISSIONER COLETTA: -- but that's the way I feel.
COMMISSIONER MAC'KIE: That's the last thing I would
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September 11,2001
want to do, especially with tourist tax money, because I think we've
been cavalier in the past. I don't want to be that way here.
COMMISSIONER COLETTA: I thank you for that.
COMMISSIONER MAC'KIE: I'm going to go with--
COMMISSIONER FIALA: Let's just discuss it for a second.
Maybe right now with the crisis that's occurring around us this
morning, you know, you could be right. Tourism -- I hate to even
talk of tourism with a catastrophe going on like this.
COMMISSIONER HENNING: Let's don't.
COMMISSIONER FIALA: It might be completely flat. So
maybe we should just wait until next year. If we have not only these
additional revenues but more, then maybe we could make up for the
deficit, but I agree that I think we should wait.
CHAIRMAN CARTER: I'll call the question. My decisions
were all made prior to anything happening this morning.
COMMISSIONER MAC'KIE: Actually, there's no need to call
the question because I've withdrawn the motion.
CHAIRMAN CARTER: Okay. Thank you, Commissioner
Mac'Kie.
COMMISSIONER MAC'KIE: I'm going to substitute a motion
to approve the agreement as it appeared in the consent agenda.
COMMISSIONER COLETTA: Okay.
CHAIRMAN CARTER: Do I have a second?
COMMISSIONER HENNING: Second.
CHAIRMAN CARTER: I have a first by Commissioner
Mac'Kie. I have a second by Commissioner Henning. Any
discussion.9 All in favor signify by saying aye. (Unanimous response.)
CHAIRMAN CARTER: Motion carries 5-0. Thank you,
Commissioners.
MR. OLLIFF: Mr. Chairman, just for the board's knowledge,
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September 11, 2001
what we will do is we will try and provide some regular updates on
the revenues coming in on the tourist tax, and if in the middle of the
year or towards the balance of the next fiscal year the revenues are
greater than projected or we end up with heftier reserves for any
reason, we'll bring that back to the board and let the board make
some decisions about that in the next fiscal year.
COMMISSIONER FIALA: Oh, that works.
CHAIRMAN CARTER: Thank you, Mr. Olliff.
Item # 10A
SUMMARY OF SITE VISITS TO SOLID WASTE FACILITIES-
PRESENTED
Returning to 10-A and Mr. Mudd. Thank you.
MR. MUDD: I'm hoping that we've got the technical side.
There we go. Life is good.
I'm Jim Mudd, public utilities administrator for Collier County.
We're going to talk about three things today. I'll try to bring the
commissioners up to speed about technical inspections that were
done this summer to four different facilities.
I've also sent you a letter -- and I've been in contact with Zero
Waste on numerous occasions -- and a re-evaluation on a solid waste
management technology integration report, which I sent to you on
Friday with the updates for that re-evaluation, and we'll do that
publicly based on a promise we made to Zero Waste on the 31st of
July. Then basically put down a time line for you to let you know
what's next for following what you can expect as far as the board is
concerned in the next couple of months.
We basically said by the end of the calendar year we would be
done. It looks like the first meeting in January we'll be done, but I'll
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September 11, 2001
lay that process out for you. In order to talk about the technology
inspection reports, Mr. French from Malcolm Pirnie will proceed
with that part of this presentation.
CHAIRMAN CARTER: Thank you, Mr. Mudd. I do
understand, though, from your trip to Australia that Commissioner
Coletta developed a new fondness for raw clams. MR. MUDD: I hadn't heard that.
MR. FRENCH: Good morning, Commissioners,
Mr. Chairman. For the record, my name is Robert French. I'm with
Malcolm Pirnie, Incorporated. Steve Schwartz, vice president of
Malcolm Pirnie, was to be here this morning. His flight out of New
York last night was cancelled. He was supposed to be flying down
today. So he's somewhere between here and New York. In any case,
he's not here, so I will be making the presentation. It's a rather long
slide presentation with a lot of photographs, so what I'm going to do
is walk through it rather quickly so that we don't tie up too much of
your agenda time.
The first trip report or technology report is related to the visit to
the -- oh, we're starting with the Vermont gasification project in
Burlington, Vermont. This trip was done by George Yilmaz and me.
We went up to Burlington, Vermont, to view the FERCO gasification
program.
The reason that we went up there is FERCO claimed that their
process would directly replace or displace the use of natural gas with
a renewable green alternative producing energy. Environmental
solution to biomass, they're proposing that their technology has met
that. They proposed that it was cleaner than incineration and that no
capital investment would be required by the county.
The process is shown here schematically. Essentially there's --
the process consists of two fluidized beds. The gasifier fluidized bed
operates in the absence of oxygen using hot sand that comes from the
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combuster fluidized bed putting organic material and, in this case,
wood waste into a heated reactor vessel, and the absence of oxygen
produces SilvaGas. It's a replacement natural gas with many similar
characteristics. The second fluidized bed actually bums the char
from the first process, the gasification process, to produce the heat
that drives -- once again, going back to the first process.
The facility that we saw -- you'll see here a photograph of the
facility. The tall stack and the buildings there are actually part of the
McNeil wood-burning power plant. I think the ten-story tower in the
center of the screen with the single stack coming out of the top is
actually the demonstration plant.
Here's an exploded view of the gasifier, the gasification plant by
FERCO. The Vermont gasification facility actually provides
minimal front-end processing. They actually use pelletized wood
products that they purchase or import from Canada. Rather than
chipped wood waste or other organic waste that might ultimately be
suitable, it utilizes nitrogen gases air sealed to prevent any oxygen or
air from getting into the gasifier reactors.
It had a minimal back-end utilization of the gas. The gas that
was actually produced by this facility was piped to the McNeil wood-
burning power plant and burned in the incinerator along with the
wood to generate heat for that process. It was not, as would have
been proposed for Collier County, connected to internal combustion
or gas turban generators to produce electricity.
The maximum -- this facility was designed exclusively to
demonstrate the use of SilvaGas. SilvaGas is the gas produced by
gasified wood waste only. It was not intended, nor is it permitted, to
utilize municipal solid waste or virtually any other organic material.
The maximum continuous run for this facility thus far has been some
72 hours is all. They feel as though that demonstrated their facility
enough to continue the development for utilizing wood waste for
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gasification.
This is a close-up of the fuel that they use there. You can see it's
a very homogenous pelletized wood product. It looks like cattle feed.
You can see the Coke can for size. It's a very easy material to feed
into the system, not like shredded wood waste would be, or certainly
nothing like municipal solid waste.
This is the nitrogen process -- the nitrogen gasification process.
Once again, they use nitrogen as a seal. The intent is if they allow
oxygen to get into the process, the gasification process, that it would,
in fact, cause the formation of dioxins through the oxidation process.
By using the nitrogen seal, the nitrogen prevented the oxygen or air
from getting in.
It's a compact process, but very complex. This shows actually
opening into one of the fluidized bed reactors. This is a view of the
ash that comes out of the process after the char is burned in the
secondary fluidized bed. The resulting ash is this grayish powdery
substance.
The overall process evaluation is that it is a unique and very
ingenious process. It is a developmental facility, however, and it's
been developed for processing wood material. It may or may not be
suitable for municipal solid waste. It would depend on how the
process gets developed.
Material processing had not been demonstrated. That's the front
end of the plant. By using the pelletized wood product instead of
other materials that would be more commercially viable, they cut out
the front end of it. They claim that the technology is there for that,
however, it has not been demonstrated in this facility.
Gas utilization has not been demonstrated either. The intent of
their proposal to Collier County was that they would utilize the gas in
the production of electricity through internal combustion, generator
sets, or gas-turban generator sets. In this demonstration facility, they
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merely take the gas and burn it along with wood waste at the McNeil
power plant next door.
In our opinion it requires more research and development before
it would be an applicable technology, even for the wood waste
burning. If we looked at only processing horticultural waste, there's
still a whole front end and a whole back end that has to continue to be
developed.
Are there any questions on that one, or do you want to save the
questions until the end or -- actually, it's probably best if you just stop
me as we're going.
COMMISSIONER MAC'KIE: Any questions, board members,
on that?
COMMISSIONER FIALA: No.
COMMISSIONER MAC'KIE: Go ahead.
MR. FRENCH: From there George Yilmaz and I traveled to
NewMarket, Ontario, in Canada just north of Toronto to view Canada
Composting, Incorporated's facility there at NewMarket. That
facility accepts source separated organic-rich commercial and
residential waste for processing. This is food waste.
The residential food waste is just what we're saying, the organic
waste from your household. From commercial the organic rich waste
would be considered waste that would be collected, for example,
from McDonald's or from the local Publix or a grocery store that
would be rich in vegetable waste.
CCI's process is intended to improve the quality of the final
compostable material through several inorganic separation processes.
They aren't actually composting this material, but the intent of
producing this pulp from the organic waste is ultimately to compost.
They also produce electricity from the anaerobic digestion of the
liquid organic waste, and that electricity is primarily used to run their
facility.
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This is a schematic diagram of the overall process. Basically the
material coming in is put into a hydropulper. You'll see it on the left
side of the screen. It's actually dumped on a tipping floor first, and
then it goes into a -- what's left out of here is a trommel screen. From
the trommel screen it goes into a hydropulper. It's then dewatered,
and the liquid from that then goes to the digester. It's taking the
dissolved organics, and it carries that into the digester for anaerobic
digestion, and that is where the gas is produced.
The pulp is actually intended to go through another process, this
mixed hydrolysis process that you can see down in the center part of
the bottom of the screen. This part was actually missing from the
CCI facility in NewMarket and, in fact, inhibited the production of
electricity at that facility. Also, there was a problem with the
digester. There was an equipment failure within the digester, so
they're restricted to about 2,000 tons per month versus 12,000-tons-
per-month design capability.
COMMISSIONER FIALA: I have a question. When you say
"that part was missing," by design or --
MR. FRENCH: No, ma'am. They contracted with a company
to do a turn-key design construct with the facility. That company --
the story they told us was that company went into receivership before
they completed the plant. They had enough to demonstrate part of
the process, so they fired it up and have been operating it because
they already paid for part of it. They haven't been able to come back
and complete this other leg.
COMMISSIONER FIALA: Thank you.
CHAIRMAN CARTER: So that's the story they told us.
So the first part of the process is the tipping floor. The trucks
will come in. Once again, the tipping floor is broken into three
compartments, so to speak, or three areas where they dump the waste.
One is the household separated waste. That's the material that you
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see on the right-hand side of the screen there. It's fairly -- I won't say
pure, but it's consistently food waste, more so than that which is
collected from -- if you'll notice in the left bottom picture, there's a
pile up close to the viewer. That is actually from McDonald's. Those
are the plastic bags from McDonald's trash. In the background is the
waste they receive from grocery stores. Presumably that's more of
the organic waste from the vegetables.
As it tums out, in both the McDonald's waste and, well, virtually
all of the commercial separated waste, they get a lot of paper. They
get a lot of plastic, a lot of plastic bottles. Those -- well, not paper,
but thin-film plastics, the plastic bottles, glass bottles all contaminate
the material, and this system is designed to remove that.
You'll notice the -- well, the next stage is the screening. This is
George Yilmaz standing underneath the trommel screen where the
material comes out. The trommel screen is a big dram with about
two-inch-diameter holes. This is intended to take out most of the grit,
the rocks, broken glass, and that kind of thing.
Next is the hydropulper. You'll notice in the picture on the left
side that is the conveyer that is carrying the material from the
trommel up to the top of the hydropulper. In the upper right slide
where George Yilmaz is standing on the railing, that's the end of the
conveyer, and that chute actually drops it down into the hydropulper.
Then in the lower right-hand side, that's a view into the
hydropulper and this organic ooze with plastic bottles floating on the
top of it. Next is the screw press. This organic liquid pulp is pulled
out of the hydropulper and mn through these screw presses. You can
see in the lower right-hand comer the consistency of the material that
comes out. It looks and smells not unlike dewatered sewage sludge
coming out of that.
Finally, coming out of the screw press is both the solids and also
the liquids. The liquids are taken to the anaerobic digester. The
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anerobic digester, as I said before, has a bailer in the top troughs
which collect the material that flows up through it, and that is, in fact,
restricting the capacity of this facility. As this organic-rich liquid
decomposes, it produces methane gas. The methane gas is drawn off,
burned in an internal combustion engine, and that produces the
process of electricity, and that is the final stage.
That is a skid-mounted generator set. It's a 16 cylinder internal
combustion engine connected to, I think, about a .8 megawatt
generator. That generates the power for the facility.
Incidentally, the pulp is not currently being composted. The
pulp is being disposed of by Zurich. It is being hand spread on
agricultural areas outside of the Toronto region. It's not being
composted. It's not being bagged.
A few observations of the CCI NewMarket facility: It's an
extremely odorous facility. When we got there, they had been
receiving neighborhood complaints about the facility, so they started
a new process or a new protocol. When the trucks would come in to
dump their loads, they would close the garage doors. They would
open then again when they would go out and close them again right
afterwards. This caused the odors inside the facility to be very
extreme.
COMMISSIONER HENNING: Bottom line, Mr. French, how
was the weather in Canada?
MR. FRENCH: How was the weather in Canada? The weather
was nice. It was nice up there.
CHAIRMAN CARTER: For my input, sir, the first two I think
are losers, so I'm looking forward to going to the next process.
MR. FRENCH: Okay. We'll continue on. Now, I didn't get to
go on the good trip.
COMMISSIONER MAC'KIE: Define "good trip,"
Commissioner Coletta.
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MR. FRENCH: Actually, the next trip that we have shown is
the trip to Australia. This consisted of Commissioner Coletta, Jim
Mudd, George Yilmaz, and Steve Schwartz of our office. I joked
with them about it.
CHAIRMAN CARTER: For the public record one more time,
Malcolm Pirnie paid their own expenses down there. This was not a
cost to the taxpayers of Collier County.
COMMISSIONER MAC'KIE: Is that true?
COMMISSIONER COLETTA: Yes.
COMMISSIONER MAC'KIE: I'm sorry.
MR. FRENCH: The plane ticket, the room and board, the per
diem was covered by Malcolm Pirnie. It was not paid for by this
county. Their expertise, their time, as far as giving us their
professional opinion as far as that process is concerned, we paid for
their time on that trip.
COMMISSIONER MAC'KIE: Okay. Thank you.
MR. MUDD: I'll help you with this one since I went on the trip.
Robert, you can sit for this one.
This is a picture of the Brightstar facility in Wollongong,
Australia. We got there with some severe jet lag. The commissioner
had food poisoning, and somebody on the trip slammed a door on his
hand, so that all happened prior to even getting there. Okay. It was a
pretty miserable ride from Sidney to Wollongong as we skirted
through those hills, and the Commissioner was rather under the
weather.
When we got there, it was about 62 degrees and the wind was
blowing about 60 miles an hour. You can see the flags. It was rather
brisk, and it was rather chilly for a bunch of folks from Naples. It's
next to this landfill in Wollongong. Their idea in Wollongong is to
get Brightstar to take their waste and get out of the landfill business.
Landfills in Australia have a sinister name kind of the way some
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folks think about waste energy plants. It's a very sinister opinion.
Probably the most evil thing they think about in the waste business is
a landfill. Commissioner, I don't think I've underspoken at all.
COMMISSIONER COLETTA: No, you haven't. They drew
parallels to show that more dioxin comes from the landfill emission
just the way it is than comes from the incineration plants that we see
throughout some parts of the United States.
MR. MUDD: They began their operation in February 2001.
The design capacity is 50,000 to 75,000 tons per year. If you try to
compare it to what we see, we need something that's around 225,000
tons a year. License capacity right now, because they're in a trial
mode, is 30,000 tons per year.
This is a historic building for the first settlers in Wollongong.
What happened is Brightstar converted that building and renovated it
for them as a historical place for the town, but it sits right next to the
plant.
This is the landfill that's adjacent to the Wollongong waste.
They don't have buzzards there; they have seagulls, lots of them, and
seagulls are pretty nasty there, by the way. They don't have any
respect for where they do things. There were a lot of them, and we
were getting bombarded as we were going in.
COMMISSIONER COLETTA: They all spoke with an accent.
MR. MUDD: That's true. We're entering the plant on that slide.
We're going to talk a little bit about the process design, pretreatment,
separation, gasification, and energy generation. One of the things
we'll talk about is a schematic of how they receive their waste, how
they go through their biomass drying and pelletization. Then we'll
take a look at their pellet drying and gasification and power
generation and water treatment because they have some water
processes. We'll try to take you through the same we've done with
the pictorial.
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I think we saw this in the Naples news here last Sunday. It's
basically a process of going into an autoclave, going through the
drying process, and then out to the gasification. One of the novel
things in this particular process is they don't have doors, garage
doors, that you have to go into. What they've done is they've
designed it so the trucks can come over the top. The hatches open up.
They drop the trash down about eight foot on a walking floor, and
everything is contained so that you're not getting any smell coming
from the doors from trucks going in and out.
All the commissioners went to the Lee County waste energy
plant, you'll notice that the doors were on an automatic off and on
because they had a problem with their negative pressure in the plant
and keeping the odors inside the plant because they had some
neighbors complaining about that process.
Well, this pretty much takes care of that. It's quite impressive
on what they've done. And as Steve would say, "I haven't seen this
before." So there we are taking a look at the process. As it drops the
load down, there's a walking floor underneath about eight foot. That
walking floor brings the trash out to that heap that you see right there.
That conveyer in the back didn't work for them. It clogged up
too many times. They have -- it's almost like a Caterpillar walking
floor from where the garbage truck dumps the waste down eight foot
and then it walks it out there. Then you have a Caterpillar backhoe
that basically separates out the engines that show up. You get things
like mattresses that show up, and those would be separated out. The
engines would be recycled, and the mattresses would be landfilled.
From there this gives you an idea of the ventilation system.
They try to keep a negative pressure. The air is sucked up into the
ventilation system and then used to provide oxygen to the internal
combustion engines that they use at the tail end when they're using
the same gas for power. So they try to keep the gas in their plant -- or
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the air in their plant so nothing escapes. So you have a negative
pressure on the plant.
This is an autoclave. What they basically do is take that trash
from that bucket loader, take it through a conveyer, and send it
through the middle of this cylinder. They put it in the cylinder, about
2,000 tons in there, and then they basically take it at about a 45-
minute, 200-degree spinning motion, and it basically starts to
decompose the waste, separates the plastics from any kind of
materials, for instance, in diapers. It takes your plastic bottles that
were contaminated that couldn't be recycled and basically steam
cleans them along with any cans.
For instance, if you had a dog food can that was contaminated,
it's kind of hard to get off. People don't recycle it. They throw it in
their trash. This process basically takes that can, steams it clean,
takes the label off of it, and makes it a silver recyclable process.
They pull it off in this recycling, and I'll show you some of their
products.
When they dump it out, it comes down in that -- it comes out in
that conveyer that you see in front of you, and it's basically hot and
steamy. It doesn't smell. Once the garbage goes in the autoclave, it
loses all its nasty smell process. You don't smell anything after the
garbage gets there. You can see the waste steaming in that process,
and I'm talking to Derrick, one of the people that works in the plant
here in this picture. That's straight out of the autoclave.
From the autoclave it starts going up through a series of
conveyor belts into a trommel. Again, you have your negative
pressure and your air being sucked off of the autoclave to keep it
under negative pressure to make sure they contain whatever odors
there are in the process.
Here's what it looks like inside the autoclave that brings the
trash in before it's taken through it's 45-minute process of steaming.
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This is the trommel where we had the conveyer belt going up. It goes
into the trommel and basically starts to screen out three different
kinds; small, medium, and then there's the oversized that comes off
the end. This thing can be elevated. It can be sped up. So they kept
it, so they've got some flexibility with their plant.
Then you start seeing magnetic and current separators to get the
metals out of the process, and there's a series of separators. This
machine right here is the shredder that they've got. Once it goes
through all the different separation places so that they get all the
recyclables back out again that they can find, they even have a couple
people on that line that pull some oversized or some pretreated wood
out that shouldn't go to any kind of gasification process because of
the emissions. All that stuff gets pulled out, and they get themselves
a pretty good product that's got a lot of organics in it.
Commissioner Coletta still has his suit coat on. He's looking a
little better than he did a couple hours ago, I'll tell you. You'll notice
that small heap --
CHAIRMAN CARTER: That's a very natty looking hat that
he's got on.
MR. MUDD: That small heap of cans right there off to the side
are recyclables, aluminum that they get out that come out of the
autoclave. So not only are they doing mandatory recycling at the
curb, they're also getting more recyclables off the line before it ever
gets into the gasification process.
COMMISSIONER COLETTA: If I could jump in there, Jim.
MR. MUDD: Yes, sir.
COMMISSIONER COLETTA: This was the one thing that we
found that the environmental community there had concerns with. It
was just one person. They were scared that this process might
remove the necessity for recycling on the front end, and they didn't
want people to lose their environmental awareness of what has to be
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done. We assured them that in Collier County people will do the
right thing at all times.
MR. MUDD: This gives you an idea of the cans they're getting
once they bail them out of the process to go back into the aluminum
recycling process. It gives you another idea of recovered metals that
they get.
Now, these are the plastics that they're getting out. When it goes
through the autoclave, it takes those plastic bottles and reduces the
size. It shrinks them, okay, because of the high temperature that's in
the autoclave, and they pull those plastics back out again. They're
trying to find a source right now for that product. They think they've
got a place in China that will make boards out of them, plastic
boards, so they're into trying to find a market for that process.
COMMISSIONER MAC'KIE: Similar to the milk-carton
lumber?
MR. MUDD: Yes, ma'am. But this is multicolored, and if it
was like a white plastic or a clear plastic, this will give it kind of a
yellow or a grayish tint to it because of the steam. But the steam also
cleans out the insides of it too. So you don't have that process where
you have to worry about rodents or any kind of vector control in that
process.
The gasification recovery, they take the -- out of the shredder
they take what I'll call pulp. They take it and they float it on a water
bed. If there's any heavy solids -- for instance, if there's batteries that
got through or if there's pieces of glass that got through the process, it
sinks down into that pool bed, and what you basically have is a pulp
that floats. It's the kind that they take out now, and that's what
actually gets compressed, dewatered, gets dried, and then that's what
actually goes into the gasifier.
This is the gasification energy recovery plant. If you look at it,
it kind of reminds you of-- it looks like it's an oil refining plant in the
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process as you take a look at it. They could probably do a little better
on aesthetics, but that's what it looks like.
This is the part -- after the pulp has been floated and the heavies
have been taken out of it, this is a water-removing process with bow
screens to get it out of the pulp. You can see it, and I'll give you a
close-up here of what it looks like at the top as it comes down. The
only part that I didn't like about this is we were getting misted by this
stuff, and I told them that it would be good if they kept some kind of
a glass screen over the top of it so that you wouldn't feel that mist.
You know, you couldn't tell if it was the seagulls or the mist from this
thing that was getting you. You were always looking around.
This is what the pulp looks like after it's been dewatered and
dried. It looks more like a cornflake. It's pretty consistent material.
You can look through -- you can open up the flake, and they owe me
about a pound of this stuff whenever we can get it into the country.
You can look in there, and you might only find one little piece of a
grain of glass that you get in there as you look through it. You're not
getting any plastics. You're not getting any of that stuff in that thing.
It's pretty much an organic pulp at this particular process. There it
gives you another idea, and I think you saw that in the paper last
week of what it looks like in your hands.
One of the key things you need to think about when you look at
this feed into a gasifier is you saw what it was in FERCO. It looked
like little pellets. The same thing with the flake. They've got to take
it through a lock hopper, and a lock hopper is something that gives
you pressure. It's pressurized. You've got a gasifier that's
pressurized, and you've got to make the pressures equal.
Well, a lock hopper operation and valves have got to be able to
take a consistent piece of feed in order to take in it there. If it's real
ragged or jagged or big or oversized, what it will do is cause the lock
hopper to freeze up. You'll spend lots and lots of time trying to clean
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it out. They found that this product is pretty consistent, pretty
uniform, and it feeds real well into the process.
This is what it looks like when it comes out of the gasifier. It's a
char. This char can come out into dust. What they've done is they
compressed it into pellets that look like chocolate-covered raisins.
Okay. It's that kind of consistency. It's not totally uniform. It's not
the same size.
CHAIRMAN CARTER: Feed it to the seagulls.
MR. MUDD: That's what it looks like on the side to the left.
They take those pellets again through another gasifier where it stays
in there longer. The first time through, in order to make that powder,
it's only in there for about 30 seconds because that oven is about 500
degrees. They've got a nickel chromium pipe that they feed those
flakes through so it never touches the actual flame, and they do it in
the absence of oxygen, so it cuts down on any dioxins or furan gas or
acid gas that you get on the process. They take those pellets through a
30-minute gasification process, and it basically comes out with an
inert -- and we're waiting for the test on that material as it comes out
of the plant. As it's going through the gas --
COMMISSIONER MAC'KIE: I'm sorry. We're waiting for the
tests on that material?
MR. MUDD: Yeah, on the final product at the end.
COMMISSIONER MAC'KIE: Who's testing?
MR. MUDD: The EPA is. South Wales -- each one of the
regions in Australia has their own EPA, and we've received some of
the air-emission data from that EPA office in South Wales. We'll
give you a graphic here in a couple of slides to show you what we've
got so far as far as their air emissions are concerned.
COMMISSIONER MAC'KIE: Thank you.
MR. MUDD: What they're basically getting is -- only 10
percent of the incoming waste requires landfill disposal. Their New
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South Wales EPA is under a trial operation license, and they're doing
testing on those folks from stacks and from the water because there is
some water product in it. We're getting those reports from them.
So far this is what we've got in the batch of reports that were
given to us. It gives you test results and what the permit limits are.
The permit limits are based on the California permit limits. They're
using California-- United States, California, because they're more
stringent than everything that they have within their country. In a
couple of areas, they're over, for instance, in SOx. Dioxins and furans
are a little bit lower. But they've got some work to do as they go
through the process as they're doing testing.
One of the things that we talked to the operators about -- they've
learned more about what stuff not to take through the process than
they have with what stuff they send through. So they've taken a lot of
things off line. The first thing, the reason you're seeing a high SOx
of 190 milligrams per meter squared is the fact that they were burning
yard waste in their first initial trials. They take that off the line now.
That doesn't make it through the process anymore. So we're awaiting
that process to see what it will entail.
Public acceptance, in the City of Wollongong we talked to the
Lord Mayor Chancellor George Harrison and his staff. They were
kind of receptive to the process and quite supportive.
COMMISSIONER MAC'KIE: We don't get good titles like
they do, Lord Mayor Chancellor. Wow.
MR. MUDD: Absolutely, but they still don't get any respect in
their local newspaper, because the next day there was an article about
him. He's part lawyer, and he was defending a known drug pusher,
and he took some -- I'll give you that piece of paper.
COMMISSIONER MAC'KIE: Good grief.
MR. MUDD: So they come under public scrutiny too. They're
no different than they are in the United States.
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COMMISSIONER COLETTA: If I may add, they were very
cooperative. We had a very' interesting episode happen.
We were in there going through the process of interrogation or
whatever you want to call it. We were going through the process of
learning how they reacted to it and how they got to where they were,
and they were very friendly people. Well, I was wearing a Collier
County pin. I thought, "Why not. Just take it off and give it to the
mayor." So I took it off, and I was giving it to them. All of a sudden
the thing turned into a great big full-blown presentation. They had to
bring people in. We stood up. We had to make speeches. We
presented him with a pin, and he in turn presented us with pins, but it
was quite an experience.
COMMISSIONER MAC'KIE: Ain't government something.
MR. MUDD: Good folks. They've got some problems that they
need to fix within their community, and they're working hard at it.
We next went to the waste management board. It has no relation
to our Waste Management, Inc., here. It is a regional government-
supported operation. They have about 26 people in their local --
Illawarra was the region in New South Wales that they represent. It
has about three municipalities in a small town that they try to find
markets for their waste. There's 26 people out there trying to beat the
bushes to try to find markets for the waste that's being, you know,
reused, recycled, and that kind of thing. We could learn a lot from
that particular operation.
But we went to talk to those folks about what they thought. It
was interesting because one of the gentlemen we talked to ran the
neighborhood focus group that was right above the landfill and over
the Brightstar plant.
We talked to him about the neighborhood reactions to the plant.
He basically said that they needed to do it a little bit early on in order
to get the community involved in the plant. Outside of that the
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information exchange has been pretty good, and the neighborhood
was pretty supportive of the process. Again, they hate landfills. So
anything in that particular case would be better than the landfill itself.
Then we went back to Sidney and talked to the Total
Environment Centre. It's basically a volunteer green organization.
We talked to a Sam Angel. He was very guarded in his words. He's
doing a study right now. We asked him off the record for his opinion
on what he thought was probably a viable solution, and landfill was
part of that process with him. He said a MRF in the front of
Brightstar would probably be the best solution for Wollongong and
for other areas in Australia. I don't know if I've misspoken there at
all, Commissioner Coletta.
COMMISSIONER COLETTA: No.
MR. MUDD: Okay. We tried to get a meeting with
Greenpeace, but the folks had to come down quite a distance in order
to do that. We exchanged some e-mails with them. They basically
don't like the particular technology because they're afraid that the
technology will make people lazy and they won't recycle, they won't
try to reuse and try to divert that stuff from the process before it goes
there, and that's their key piece.
The one thing I picked up from the Brightstar folks is the fact
that they're very ready, and they want to get the stuff segregated out,
and they don't want to take it to the gasifier. They would rather find
-- recycle, reuse, and divert into that process. Again, they found more
ways to do that up front since they've opened the plant than they have
in any other part of it as far as gasifier or internal combustion engines
or anything else like that.
Summary and conclusions, it's an impressive technology. It
seemed like the customers were satisfied, the folks that we talked to.
It seems like they got the public acceptance, and they've gone
through great lengths to bring people up to speed on what's going on.
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It's a typical start-up facility. It's got -- environmental exceedances
have occurred. They're working on those processes. The EPA is
quite aware of them. He mentioned to us when we went to see them
what they were. The folks are working on the solutions to those
processes.
Bottom line, we don't want to implement until they've got
full-scale operations in Wollongong, which is supposed to transpire
in December of this year as we get all the testing data back. And
we'll go on about RFPs and things like that that can occur
simultaneously in the process.
The other thing -- I talked about ramp up. What's nice about this
plant is the fact that it's modularized. So when they do a ramp up,
they're not trying to put more stuff through the existing facility. They
just bring another module next to it that handles the increased loads.
Then we went to Pacific Biodiesel. We got to leave Wednesday
again. This is what we got to see when we got to Honolulu. It's
called grease trap waste. We opened up -- we went to visit the plant.
They were very interested in how they do grease trap waste, because
we have a problem in Collier County, and I gave Commissioner
Coletta some pictures outside a manhole outside of Noodles here that
happened to us on Friday that weren't very appetizing at best, but we
have some problems. It's clogging up our sewers. So if there's a way
and somebody's got a technology that can solve that process, we
wanted to take a look at it. This is the only one that I know of. And
there's two of them in Hawaii, both run by the same company that
actually handles the process and produces a viable product out the
other end.
Basically what happens is the grease trap comes in with the
truck and goes down into this stainless steel bin. You can see the
screen. It gets the bigger parts out before they pump it in. They
pump it through the pipes and take it up into the vats that are behind
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in the foreground of this slide. You can see the vats. There's six of
them. You can put this plant basically on half of this floor. Okay.
That's about the footprint or the size that it would take. I'm not
talking the commission room, but I'm talking about the floor.
It goes into the vats. It's heated by these little furnaces that are
using the boiler fuel that comes out of the grease trap waste. They
heat it up. They take compressed air through it and kind of shake it
down and get it to settle. There's no chemical additions that are put
into this plant. It basically settles out to real solids at the bottom that
can be composted, and they are composted. It settles out into a water
product that goes back into the sewer system, and then it settles out
into a Boiler No. 5 type fuel, a Diesel No. 5 type fuel, that they sell
for about 30 cents on the gallon. Diesel No. 5 in Hawaii goes for
$1.41 a gallon.
They take it through, and here's the heaters. They have four of
them that heat the vats up in order to make the separation possible.
Again, it's using the fuel that comes out from the grease trap waste. It
was a little warmer in Hawaii than it was in Australia, but it gives
you an idea of representative size based on a person next to those
vats.
Here is a trailer that has the product in it that they have on site.
This is -- with this site they also have a biodiesel plant where they
take deep-fryer grease, and they convert it into a diesel fuel that can
be used on boats and trucks, commercial equipment. Buses in the
City of Naples have run on this for a little while.
Basically the process is something like this. They take a
hundred gallons of deep-fried grease. They add 40 gallons of ethenol
to it. It produces about 95 gallons of biodiesel, it produces a
glycerine, and it produces water. That's what's in those vats. They
sell that diesel fuel for about $1.90 on the gallon in the open market.
Biodiesel is off to the left. I have a sample for each one of the
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commissioners back in my office. I'll get it to you today so you can
see what it looks like. What you have over on the right-hand side of
this slide is the boiler fuel that comes out from the grease trap waste.
It has to be heated to get it into a liquid format and a regular room
temperature. It comes out in a gel process that's tough to send through
a boiler, so they heat it up before they send it there.
We went to take a look at one of the customers for the boiler
fuel, and it was Hawaiian Bitumuls. It's a hot-mix asphalt facility.
They use the boiler fuel -- grease-trap-waste boiler fuel in order to
heat the aggregate before they mix it with the emulsification process.
Here are the trailers that have the grease-trap-waste fuel in it.
You'll notice that there's no secondary containment around these
trailers because it's a natural product, so they basically bring the
trailers up. You can see that these trailers are heated outside so that
they get it in the liquid process, and then they take it through a kiln
that's got about a 25-foot plane that heats up the aggregate to dry it
out before they make it in the mix.
When we talked to the CEO of Hawaiian Bitumuls, they have
saved over $85,000 in the first four months of using this fuel. Again,
the difference is 141 -- excuse me -- $1.41 a gallon for Diesel No. 5
versus 30 cents a gallon for this fuel. Plus, they found out that this
grease-trap-waste fuel bums longer, so they have to use less of it, and
it gives them a cleaner emission process. So that turned out to be
pretty good.
Then Commissioner Coletta said he didn't want to go to lunch
because he was just trying to get his stomach back to where it
normally was, so we said, "Instead of going to lunch, let's go to the
H-Power facility in Hawaii." So we went to go see their refuse-
derived fuel plant.
It was good to go to this plant because they get about 2,000 tons
per day at this facility. We get about 1,200 tons a day at our landfill.
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So it would give the commissioner and give everybody else a sense
for the magnitude of what comes into the operation versus what we
saw at Wollongong, because that was just a portion.
You can take a look at their combustion facility. We spent a lot
more time taking a look at this, their separation process, and how
much trash was coming in versus the separation and how they were
getting at it.
One of the things they do when they get their trash is they take it
through a shredder first. When you get a propane tank, it explodes,
so they've had several explosions in this process. It was amazing that
it ran as well as it did. That's the bottom line on that one. We were
impressed by how they separated their stuff prior to making the fluff
that went into the incinerator.
This is a little different than what you saw up at Lee County.
They separate everything up front prior to it going into the incinerator
versus incinerating it and separating it out afterwards.
Then we go into -- that ends the trips. The next piece -- Rob
French will come back to the podium -- was a re-evaluation of the
Zero Waste example with our integration report.
MR. FRENCH: Thank you. For the record, Rob French from
Malcolm Pirnie. When we filed our report on the alternatives for an
integrated solid waste management system for Collier County in July,
the end of July, we included what we considered at that time a
proposal by Zero Waste. In fact, Zero Waste wasn't making the
proposal, but rather offering to the county a number of concepts that
they felt was more appropriate or appropriate to what the county was
actually looking for.
We agreed to come back in and review what we had submitted
previously and modify that. As part of that process, we met twice
with Bob Krasowski, had a number of telephone interviews back and
forth with Bob Krasowski representing Zero Waste and, in fact, have
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modified the report and have submitted that report to the county
based on those discussions and the concepts rather than a proposal
submitted by Zero Waste.
Basically, this is the flow diagram, the flow scheme. This is
actually the document prepared by Zero Waste with the concepts that
they consider important. Once again, I think that we've probably
gone through these before. One of the key features of it up front is
this waste-reduction program. This is a continual monitoring and
self-evaluation process to continually upgrade the entire integrated
solid waste management program to meet the long-term goals of the
county of recycling as much as possible and disposing of as little as
possible.
I won't go through each one of them because it's rather
comprehensive, but what I will say is that -- one other unique feature
is that this scenario proposed a separate organic-rich waste collection
system or -- I won't say separate, but an additional source separating
collection of food waste for residents and for commercial
establishments. The collected organics would be processed in an
organic composting facility, and the inorganic waste -- the balance of
the waste material would be sent to a MRF, a materials recovery
facility, much like some of the slides that you saw in the RDF plan to
recover the recyclable materials.
As an optional component, Zero Waste suggested that there's a
possibility for salvaging or recycling some of the heavier wood waste
products that are not currently being salvaged. These would be tree
trunks and root balls. They felt that those might be ground and
gasified to produce energy as well.
From our standpoint, since this was not a proposal as such, but
rather a series of concepts that Zero Waste thought were important
for the county to consider, we believe that there is a lot of those
concepts that are quite good, a lot that are being incorporated around
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the country and around the world, but require further analysis to
determine the total impact of some of the ideas including the cost, if
there's an additional cost, being able to identify that up front and the
technology to insure that the technology is suitable for the Collier
County community. So he have modified our report to reflect these
things and have resubmitted that report to you in its final form now.
CHAIRMAN CARTER:
public speakers today?
MR. OLLIFF: You do.
CHAIRMAN CARTER:
Thank you. Mr. Olliff, do we have
You have two.
I think we ought to go to public
speakers, and then after that, board members, we do have to go and
visit with Martha Skinner. As you know by now, the Naples Braves
have postponed their appearance in front of the commission, and they
will join us next time. That will work out well. So let's go to public
speakers.
MR. OLLIFF: The two public speakers are A1 Perkins followed
by Bob Krasowski.
MR. PERKINS: Good afternoon, ladies and gentlemen. People
at home, pay attention again. Commissioners -- or I want to call you
taxpayers' employees because they're the ones that are paying the
bills. The voters are the ones who can take and put you where you
are or remove you also.
With the landfill situation we have, I think Mr. Mudd, Mr.
Coletta, and the rest of the people have done an excellent job on this
issue. Apparently they were impressed with the fact that somebody
out there is trying to fix the problem, not just move it around, not just
hide it, make believe it doesn't exist. Because as long as you people
create waste and sewage, we will have this problem forever.
Now, what do we do about it? I had to talk to Mr. Mudd prior to
him going, and I requested that he videotape the entire process with
their permission for two reasons: So it be could be shown over
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Channel 54 and also it would be a promotion for Sidney and
Australia for a nice place to visit. So, in other words, the tourist thing
works both directions.
One of the things I was impressed with was the fact that they
elevated the tipping floor. That's very important. I had said this
before in several meetings. In fact, I had made all of the meetings
prior to this for two years. The only person there that I can see was
Tom Henning. This is stuff that I'm reiterating. It's not nothing new.
Okay?
But when you took and elevated the tipping floor and you dump
the truck, you'll also have control over any leachate. That wasn't
mentioned. Leachate, people, is liquid that could take and seep
through the earth and get into the water and actually make a mess.
But if it's going down to where they can see it coming and have a
way of controlling it, they can take care of that leachate.
There's something else I asked Mr. Mudd to do; get in touch
with the Tampa people who were involved in the 2012 Olympics and
see whether or not they had any information or whether or not they
wanted to participate in Sidney on this. To people out there, that
means it's going to affect you right here if they get the Olympics.
It refers to heat and temperature constantly. Now, Mr. Mudd
said they froze their kiesters off. Well, that's a reminder of why you
don't live there. But that temperature also has an effect just like on
our water down here. We do not have to have the heating system to
heat the water like they do up north on account of our temperature is
pretty stable and constant. So when we're dealing with the heat,
which I look like I've been burnt, this has a factor in the process, the
average temperature, because we're not going to air condition the
inside of that thing.
Materials, they talked about -- what was it -- 10 percent, I think,
that went to the landfill afterwards. What about the building
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materials? Now, a lot of people don't even know that -- at that
present time or the last time I knew, the state required 6 percent of
the used tires be put into the asphalt in the roads. Now, if you take
and look at this process, you have this residue that should have and
can have a value for fixing another problem or taking the place of a
product that we already have.
Now, from what I've gotten from this whole thing, from the
presentation, there is no clear-cut one system. Keep an open mind.
I'm impressed with this Brightstar big time because the people in
Sidney and Australia out there are not stupid. They know how they
can make their points and then get on television quite frequently.
Some of the stars are from over there.
The topic of recycling, whether or not this would discourage
recycling -- well, you people are PR people.
Now, I want to hook recycling, which I've yapped about for the
last 10 year -- recycle, recycle, recycle, recycle -- because recycling
means less cost to me for you guys hauling away something that
could be reused.
I have got to stretch it just out a little bit. The birds --
CHAIRMAN CARTER: As soon as you can wrap it up because
we have another speaker, please.
MR. PERKINS: The birds are very important on this thing. Of
course, you know, I didn't hear anything about any panthers running
around out there.
Anyhow, I want to make this point: Barring that there's no
collusion and no corruption brought into this process, I suggest the
people of this community get behind Mr. Mudd and this commission
and start this process. This is not the final product, but it's a place to
start, a place to start. We were going to spend $350 million for a
landfill. All we were doing was creating another problem. It's a
place to start, people. Let's do it.
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One other thing and I'll get out of here. As an old veteran with
the things that took place today, I'm very concerned because I have
boy grandchildren.
COMMISSIONER COLETTA: I'm sorry, but I've got to say
one thing. A1 was right for many years when he was talking about
the electricity at the landfill. Everybody kept saying it couldn't be
done economically. He turned out to be right. COMMISSIONER MAC'KIE: Yep.
COMMISSIONER COLETTA: It's just that no one ever got
involved enough to check out how the process would work.
CHAIRMAN CARTER: I agree. I knew I was right when I
came here, and I said I wouldn't move the problem. We were going
to find solutions to the problem. And I think we're going in that
direction now.
MR. PERKINS: Thank you.
CHAIRMAN CARTER: Mr. Krasowski.
MR. KRASOWSKI: I was wondering if I could request that I
hold off on my comments until Mr. Mudd has completed his
presentation.
CHAIRMAN CARTER: No, sir. I need to have you make your
comments because we're going to take a short break. We have
another situation we need to attend to, and then we will go to our
discussion.
MR. KRASOWSKI: I'd like to address whatever it is Mr. Mudd
is going to bring up, so if I could have a few seconds after his final
presentation, I would appreciate it.
CHAIRMAN CARTER: Robert, you will have a chance now to
say what you have to say.
MR. KRASOWSKI: I don't know what he's going to say.
CHAIRMAN CARTER: In all due respect, sir, whatever you
have to say is public record. This is not the final decision today.
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This is a report. So you will have opportunity on another date.
MR. KRASOWSKI: Okay. Great. The point is that the total
presentation hasn't been made. I'd like to just state that for the record.
My name is Bob Krasowski. I'm with Zero Waste, Collier
County. I speak here for that small group -- it's almost a club more
than it is a formal organization -- and I speak for myself. Zero Waste
is a philosophy and a design principle for the 21st Century that
includes recycling, but goes beyond recycling by taking a whole-
system approach to the vast flow of resources and waste through
human society.
Zero Wastes minimizes -- it maximizes recycling, minimizes
waste, reduces consumption, and insures that products are made to be
reused, repaired, recycled back into nature or the marketplace. If you
can bear with me, I have a little list here. I'm as upset about what
happened today as you guys are. This is totally outrageous. I'm a
native New Yorker, as many of the people in here are.
The FERCO process, Mr. French mentioned that it runs -- its
only continuous run was 72 hours. I guess I'll concentrate on the
Brightstar thing because I have a limited time. But this FERCO
process had run for 72 hours. I heard Mr. Mudd, but I cannot
remember exactly what the numbers were. I believe, Mr. Mudd --
and correct me if I'm wrong -- but on the radio I heard you mention
that the Brightstar facility has not run for longer than 24 hours at any
one given time. Is that correct, sir, or what is the long run,
continuous run for Brightstar?
MR. FRENCH: It's run in batches. They're running about
1/12th right now of the 30,000 tons per year that they've got in the
process.
MR. KRASOWSKI: How long does it take for a batch to go
through?
MR. FRENCH: Forty-five minutes.
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MR. KRASOWSKI: Okay.
MR. FRENCH: So I don't think -- Bob, I don't think they've run
for a week on end. Okay. I think they're starting up, and they're
looking at the processes and their emissions. MR. KRASOWSKI: Okay. Thanks.
Essentially, my point is that Zero Waste, as I've read, we support
recycling, aggressive recycling. We support identifying and reducing
waste in the marketplace and at homes. We are willing at Mr.
Mudd's invitation to join in to help promote commercial recycling
and to join in the effort to try to figure out how best to do that. So
we're for a lot of things. We're for composting. So there are
programs that we support.
What we submitted as Scenario No. 6, as things to further
investigate, you've seen, so you know that we support certain things.
I very much appreciate and enjoyed along with other members of the
board of directors of Zero Waste working with Malcolm Pimie and
with Mr. Mudd and the solid waste department and Mr. Yilmaz in
identifying what we actually intended to present to you guys as
Scenario 6. That's all been taken care of, and we're very appreciative
of your effort to accomplish that.
But when it comes to this pyrolysis Brightstar situation here, I've
just recently the other day received the EPA -- this is the EPA report
from Australia. Okay. There's tons of emissions that come out of
this thing. You'll see on the chart here that shows Scenario No. 5,
pyrolysis, no dioxins, no char, and that was because the mixed solid
waste was processed in the absence of oxygen, we were told. There's
a whole bunch of dioxins that come out of the thing.
I understand from talking to environmentalists in Australia that
this landfill thing was a big problem for them. They were happy to
get this pyrolysis thing in, the people in that community, but now
they're having second thoughts. I've talked to chemists. I have to
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review this. I have to talk to chemists about what all this means.
COMMISSIONER MAC'KIE: As do we, Bob. I mean,
obviously --
MR. KRASOWSKI: Okay. Good. Great. We're together on
that. That's good. It's great.
Then also I received something over the web from a chemist in
Australia that's in Maddington, which is considering a Brightstar
facility there, and they had presentations from Brightstar. And, once
again, all these emissions were presented there. So I've got a report
from that guy, and once again I have to go over that.
Now, I think -- and I'll wrap it up shortly. I think Greenpeace
should speak for themselves. I received an e-mail from the head of
Greenpeace. I've talked to them on the phone announcing your visit,
Australian Greenpeace. Apparently one of the environmental groups
had some guy working part time in Greenpeace and part time in this
organization or environmental group that you had talked with, and he
didn't represent -- he certainly didn't represent Greenpeace's position.
I was kind of frustrated by seeing in the newspaper that they
announced this environmental group as "Greenpeace like." Like if
you can't get Greenpeace, bring some other group up and say it's
Greenpeace like. In the newspaper and since you guys returned, the
promotions regarding this whole process didn't include about the
emissions. It didn't include -- well, Mr. Mudd did mention that thing
about it being R & D, but it is just that. It's a R & D plant that's no
further along than the CCI plant, apparently, with the flaws in that
process, and I think we have to really pay attention to that. Here's --
from Greenpeace--
CHAIRMAN CARTER: I'm going to have to ask you to wrap
up, Bob. This is a report, not a debate. Thank you.
MR. KRASOWSKI: Yeah, it's not a debate, Commissioner
Carter. I'm sorry you perceive it as that, but we have several issues
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here. We have the representation of the integration report. I mean,
that could have been separate on the agenda for five minutes. We
have all these site visits. I'm trying to be as efficient as possible.
And I'll end with this if I may. It's just a statement that "gasification
and pyrolysis are unproven technologies that are liable to have many
of the same problems as conventional incineration, production of
hazardous pollutants from thermal chemical pollution. The process
of Greenpeace is opposed to the building of gasification or pyrolysis
plants and in favor of intensive reuse, recycling," and the various
things I mentioned.
On a personal note, it is enjoyable for me to work with engineers
and people like Malcolm Pirnie, people like Mr. Mudd and Mr.
Yilmaz. It's difficult for me not to be disagreeable all the time. You
know, you know what that's like. It's fun and nice to enjoy
relationships with people. I do this only because I'm accurate, and
I'm bringing things forward that are important and should be
considered in this, and I'm doing the right thing by doing it.
Otherwise, believe me, I'd do something else.
COMMISSIONER MAC'KIE: You could go fishing instead.
MR. KRASOWSKI: Oh, yeah, definitely.
CHAIRMAN CARTER: Thank you for your comments.
Mr. Mudd, we do need to break at this point to visit with Martha
Skinner, and then we'll come back for the conclusions, if we might.
We understand this was a report. This will all be scheduled for the
future, and if the commissioners have any questions, hold them, and
we'll be back here in this room at 1:15. Thanks.
(A luncheon recess was taken from 12:40 p.m. To 1:30 p.m.)
CHAIRMAN CARTER: We are going live, Commissioner.
We are going live.
Thank you, ladies and gentlemen. Commissioners, we will
proceed. Mr. Mudd with gracious to allow us the opportunity for a
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short break to wish our best to Martha Skinner. And then before you
finish, let me share with the board and the community a news release
that was just put out by Collier County under my name. It says, "In
the wake of the horrific terrorist attacks this morning in Manhatton
and Washington, D.C., the Board of County Commissioners, myself,
has requested the community join county officials as to remember the
victims by lowering flags to half-staff at the Collier County
Government Center.
These deplorable acts against our democracy and fellow
Americans are unconscionable, "I said. "During this time, the
unprecedented tragedy, please join us in lowering your flags, praying
for those killed and injured, the survivors, the families and friends,
emergency workers and law enforcement, as they struggle to recover
from these events that are beyond proportion in our nation's history.
The Collier County courthouse closed at noon today, but the Collier
County government agencies are remaining open until further notice.
For more information call the County Manager's Office at 774-8383,
and I would request that this be up on 54 as a continuous play so
anyone having a question may reach it. Thank you so much."
MR. MUDD: Sir, to finish up, again, I'm Jim Mudd, Public
Utilites Administrator. If ! can get the audio-visual room to bring
that slide up on the TV set, it sure would help. Thank you.
We've got two slides remaining. I promised there were three
parts. We showed you the trip reports from our technological
inspections. We -- we brought you up to speed on the integration
record, and the last thing is what you can expect over the last couple
of months coming out of solid waste as we try to get this whole
process and game plan together.
Request for proposals. The haul out RFP we have talked about
in the past pretty much falls off the table based on what we have as
far as intent to issue a permit for the landfill. Good, bad, poor,
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indifferent; it's very difficult to go out there with an RFP asking them
to haul something out ten years from now or seven years from now;
you're not going to get very good bids. That is something that we can
use if we have to in the future depending on where we sit. The
gasification RFP is one that we need to submit and send out -- and it's
all bidders in that particular case. They will put in their proposals to
the process. Our plan is to go out with proposals and then -- then
fine-tune our contracts as they come in with their proposals, hand
them the contract and say, "Okay. Fine-tune your bids based on that
contract" so that you don't get the quid pro quo thing -- the give and
take all the time and get yourself in a comer in the process.
The other is technical specifications for landfill gas utilization.
Use it in two different operations; put it in as part of the gasification
utilization, and the other one is to come in with an independent
system by Waste Management. Based on that landfill gas and what's
in the contract right now, they would do it at cost with a 10 percent
overhead and be managed by that particular firm.
The other is to go out for grease-trap waste processing with
a RFP -- with a side note on bio-diesel and see what we get as far as
that's concerned.
C&D Recycling is a must. There is about 100, 000 tons that
comes into our landfill we need to divert to go out in that process.
The other one is to go out for organic waste processing RFP to see if
we get any bids on that.
What can you expect as far as a time line is concerned? We'll
get those RFPs out by the end of September. We're hoping to get our
responses in by the 31 st of October. We'll come back to you with a
commercial recycling ordinance to the board on the 1 lth of
December; that will be the first time we probably have some other
administrative processes -- we will have to take it through public
hearing because of the ordinance issue.
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September 11, 2001
But we are working with the Naples Chamber of Commerce.
We met with them about a week ago. They are going to give us some
pilot businesses that we can use to determine the cost benefit of that
recycling ordinance with them. We should have those results by the
end of October and be able to bring that to you with the
dollars-and-cents piece to it by the 1 lth of December, an executive
summary on the RFPs in draft form to you so that we can talk to you
about them right after Christmas or during that break. And then a
presentation of the RFPs and recommendations to the board on
January 8th.
I think we have pretty much kept our promise by the end of the
calendar year. We have some finality to this process.
CHAIRMAN CARTER: Questions from the commissioners?
COMMISSIONER HENNING: I -- in the RFP, are we going to
have a request for reduction of solid waste to the landfill?
MR. MUDD: Yes, sir. That -- that will be -- that will be in s
some of them. As far as the gasification side of the house, it will be
in the C&D. The C&D wouldn't even go to the landfill. It would be
gone.
COMMISSIONER HENNING: Right.
MR. MUDD: Yes, sir.
CHAIRMAN CARTER: Mr. Coletta.
COMMISSIONER COLETTA: I just wanted to compliment
Jim Mudd for putting together such a comprehensive report and
having the foresight to hire our consultant and also the research going
into this before we left. It certainly made our direction considerably
easier -- easier. When you consider the amount of time that was
actually spent at these sites -- what was it? Three days in Australia?
I mean, actual working day. We got there on a Sunday. MR. MUDD: Two and a half, sir.
COMMISSIONER COLETTA: Two and a half days in
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September 11,2001
Australia and then a day and a half in Hawaii. MR. MUDD: Yes, sir.
COMMISSIONER COLETTA: This was all accomplished in
that length of time. The rest of the time was spent in the air.
COMMISSIONER HENNING: And I would like to add on
that, I appreciate you baby-sitting one of our commissioners on his
needs.
MR. MUDD: He did a good job, sir. He did a good job and
asked some good questions. Without the commissioner we could not
have got into some doors that we got to when we got into Hawaii and
Australia. You needed that little bit of political push. And the
congressman helped us because he went through the Department of
State and helped us get through some of those doors. So instead of
getting two and third stringers, we got the primary action officers,
and we got to talk to them.
CHAIRMAN CARTER: Well, I compliment you all on that
effort. I believe the notes that I have made out of this have been
adequately covered because I'm looking for an integration of
whatever we can do on that -- our current site. Whatever is left may
have opportunities, but we will utilize our assets at -- as best that we
possibly can. And to me you are answering my questions, and I'm
looking forward to the reports to see how we may progress, continue
to factor in all the considerations, concerns so that eventually we are
going to be able to have our arms really around this situation -- not
only today and tomorrow, but really into the future with a lot of
flexibility to change and modify as we go, which I think is a hallmark
of everything that we have tried to do. So, again, I compliment you,
Mr. Mudd, again, on your outstanding effort. MR. MUDD: Thank you.
CHAIRMAN CARTER: This does not require any board
action, so we will move on to the next item on the agenda which is --
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September 11, 2001
MR. KRASOWSKI:
order?
CHAIRMAN CARTER:
sir?
Mr. Chairman, can I raise for a point of
What point of order would you raise,
MR. KRASOWSKI: I would just like to state my objection to
the horrendous behavior that is being displayed by not allowing the
public to comment on those last two slides; that's outrageous in the
United States of America.
CHAIRMAN CARTER: Well, you can feel that way, but this is
a report and not final action. You will have plenty of opportunity to
comment, which you have been given all the time of these durations
of these proceedings from the day that we started it. So whether you
agree or disagree with me, that's your prerogative, sir, but as this
Chair I feel we did not violate any points of order. Therefore we will
continue with the next item, 10-C. Mr. Manager.
Item # 1 OB
2002 TOURISM AGREEMENT BETWEEN COLLIER COUNTY
AND THE MARCO ISLAND FILM FESTIVAL, INC.,
REGARDING THE OCTOBER 2002 EVENT- TABLED UNTIL
LATER IN THE MEETING
MR. OLLIFF: 10-B, Commissioners.
CHAIRMAN CARTER: 10-B, I'm sorry. We're just
moving right along here.
COMMISSIONER MAC'KIE: I make a motion to approve the
staff's recommendation of denial for the funding.
COMMISSIONER HENNING: I second that motion.
CHAIRMAN CARTER: Any discussion?
COMMISSIONER MAC'KIE: Can we hear a registered
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September 11, 2001
speaker?
CHAIRMAN CARTER: Any registered speakers?
MR. OLLIFF: Yes, sir. You have two.
Maury Dailey is your first registered speaker, followed by Cynthia
Dobyns.
COMMISSIONER MAC'KIE: And -- I'm sorry. But it just
occurred to me, Mr. Chairman, do we want to continue this item until
Commissioner Fiala gets here because she had a companion item
about the CAT bus service she wanted to have us hear today?
COMMISSIONER COLETTA: Could we wait until she
returns?
CHAIRMAN CARTER: We can table the motion.
COMMISSIONER MAC'KIE: Yeah. I'll --
COMMISSIONER HENNING: Yeah, I'll table it.
COMMISSIONER MAC'KIE: Second.
CHAIRMAN CARTER: Where I was trying to go to was to
10-C so, you know, we will just table it for a few minutes and --
COMMISSIONER MAC'KIE: I will withdraw my motion so
we will be clean when we start back, and we won't have any -- CHAIRMAN CARTER: Okay. It's withdrawn. And
because of the request we will move to 10-C.
Item #10C
REQUEST FROM THE MARCO ISLAND HISTORICAL
SOCIETY, INC. FOR TOURIST TAX FUNDING FOR FY02 -
RF, COMMENDATION OF DENIAL - APPROVED
MR. MIHALIC: Good afternoon, Commissioners. I'm Greg
Mihalic from the Housing and Urban Improvement Department. And
10-C is a request from the Marco Island Historical Society for TDC
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September 11, 2001
funds in the amount of $348,000.
COMMISSIONER MAC'KIE: Are there public speakers on this
item? Mr. Weigel, do you know?
MR. OLLIFF: You are on 10-C?
MR. WEIGEL: Yes.
COMMISSIONER MAC'KIE: Yes.
MR. OLLIFF: There are none.
COMMISSIONER MAC'KIE: There are none?
CHAIRMAN CARTER: Right.
COMMISSIONER MAC'KIE: Having no new information,
other than in the package then, I will move approval of the
recommendation for denial of the project.
COMMISSIONER HENNING: I will second that motion.
CHAIRMAN CARTER: I have a motion for 10-C. I have a
second -- a motion by Commissioner Mac'Kie, a second by
Commissioner Henning. All in favor signify by saying aye.
(Unanimus response.)
CHAIRMAN CARTER:
(No response.)
CHAIRMAN CARTER:
us -- moves us to 10-D.
Opposed by the same sign.
Motion carries 4-0. That makes
Item # 1 OD
REQUEST BY DEBORAH JOUDREY, REPRESENTING
WILLOUGHBY ACRES PROPERTY OWNERS ASSOCIATION,
FOR A WAIVER OF RIGHT-OF-WAY PERMIT FEES FOR
LANDSCAPING- WITHDRAWN AT MS. JOUDREY'S
REQUEST
MR. OLLIFF: Mr. Chairman, I was told verbally that the
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September 11,2001
petitioner, Ms. Joudrey, from the Willoughby Acres Property Owners
Association has verbally withdrawn this request. But I think, just for
the record, we'll go ahead and call her. She did register to speak. If
Deborah Joudrey is here --
COMMISSIONER MAC'KIE: Is she here?
CHAIRMAN CARTER: I believe she left.
MR. OLLIFF: She left. Then I do have one other registered
speaker on the item. But if the item has been withdraw at her request,
then I'm not sure you need to take the other public speaker.
CHAIRMAN CARTER:
MR. OLLIFF: Mr. --
CHAIRMAN CARTER:
Is the other speaker here?
He waives.
COMMISSIONER MAC'KIE: He waives. Okay.
CHAIRMAN CARTER: Then we don't have to take any action.
COMMISSIONER MAC'KIE: Then we can talk about art.
Item #1 OF
REQUEST BY THE UNITED ARTS COUNCIL FOR FINANCIAL
SUPPORT FROM THE BOARD OF COUNTY COMMISSIONERS
TO CONDUCT A CULTURAL NEEDS ASSESSMENT AND
STRATEGIC PLAN- APPROVED
CHAIRMAN CARTER: All right. The request by the
United Arts Council. F, as in Frank.
MR. OCHS: Good afternoon, Mr. Chairman, Member of the
Board. For the record, Leo Ochs, Public Services Administrator.
As the board may recall, this past June representatives from the
United Arts Council approached the board requesting some support
and financial assistance in their efforts to conduct a community-wide
cultural-needs assessment and use -- the data gathered from that
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September 11,2001
assessment to put together a five-year strategic plan. The board
indicated general support with the stipulation that the Arts Council
come back to the board at a later date with some specific funding
request.
This afternoon Mr. George Lange, a member of the board of
directors, is here from the United Arts Council and would like to
address the board on this item.
COMMISSIONER MAC'KIE: This is a question that -- I had a
very productive meeting with the members from the Arts Council. I
wonder if everybody has heard that presentation already. I was not
certain, frankly, if this was an appropriate expenditure of public
money. I was firmly convinced that it was after my meeting with
them, and I would be happy to move approval of the
recommendation.
COMMISSIONER COLETTA: I would second that. The
involvement of this organization in Immokalee has been outstanding.
COMMISSIONER MAC'KIE: You know, that's what sold me
too. I was very impressed with that --
COMMISSIONER COLETTA: You heard that, ladies and
gentlemen. If you want to make your way here, pay attention to
Immokalee.
CHAIRMAN CARTER: Any comments from the other
commissioners? I will add this, that when they came to me a long
time ago I said, "You have to do -- you have to put together a plan.
You have to put together what you want to do and how you are going
to do it." They went out and followed due diligence. They did that.
They are coming back-- they have a pretty broad basis in the
community as far as funding. I think it's a good investment on the
part of Collier County government and for our citizens. I would also
hope that the City of Naples, the other cities in the county would join
in this organization, like the Naples Daily News and others would
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September 11,2001
financially contribute to what I consider one of the greatest endeavors
that could take place in the county; that is have a picture of what you
are going to do with your arts in your community, a very viable part
of our community. So, yes, I understand that people who report
news, whether it's on -- written or it's to the other outlets, that -- you
know, you can say, "Well, that's their job, "and I believe it is. But I
hope they go the extra mile and open their pocketbooks for such a
worthy endeavor.
Any other comments by the board?
COMMISSIONER MAC'KIE: Unless Mr. Lange wants to
speak.
CHAIRMAN CARTER: Do you want to speak, Mr. Lange?
Do you want to talk us out of it?
MR. LANGE: No, sir, I do not.
COMMISSIONER FIALA: Then at this point I just wanted to
comment, if I may.
CHAIRMAN CARTER: Yes.
COMMISSIONER FIALA: I have been asked to serve on a --
on a special little committee that is just convening for a few months.
Although my attendance wasn't been very regular -- I was out of
town one and in surgery another -- and I just wanted to say I am
serving on that committee; so that-- I disclose that. CHAIRMAN CARTER: Thank you.
COMMISSIONER MAC'KIE: Mr. Chairman, call the question?
CHAIRMAN CARTER: I call the question. All in favor signify
my saying aye.
(Unanimous response.)
CHAIRMAN CARTER:
(No response.)
CHAIRMAN CARTER:
MR. LANGE:
Opposed by the same sign.
Motion carries.
Thank you.
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September 11,2001
CHAIRMAN CARTER: He's wonderful.
COMMISSIONER MAC'KIE: Don't mess with success,
George.
I think Mr. Weigel is trying to get your attention.
CHAIRMAN CARTER: Yes, Mr. Weigel.
MR. WEIGEL: Well, it's just -- as a postscript to your vote, that
you are putting on the record -- you said it in many other ways -- that
the use of funds and the county commits this in regard to a public
purpose.
COMMISSIONER MAC'KIE: That's absolutely incorporated
into my motion.
MR. WEIGEL: Great. Thank you.
Item #1 OB and #1 OK
2002 TOURISM AGREEMENT BETWEEN COLLIER COUNTY
AND THE MARCO ISLAND FILM FESTIVAL, INC.,
REGARDING THE OCTOBER 2002 EVENT- DENIED;
REQUEST FROM THE MARCO ISLAND FILM FESTIVAL TO
UTILIZE THE CAT BUS SYSTEM FOR THE EVENT- NO
ACTION
CHAIRMAN CARTER: Okay. Everybody is okay with
that. Now, we can return back to Item B.
MR. OLLIFF: B.
CHAIRMAN CARTER: 10-B which ties together with 10-K.
Mr. Mihalic?
MR. MIHALIC: Good afternoon, Commissioners. I'm Greg
Mihalic from the Housing and Urban Improvement Department. We
have for you this afternoon the 2002 Tourism Agreement between
Collier County and the Marco Island Film Festival regarding the
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September 11,2001
October 2002 event, a year from now. This item was brought in front
of the Tourist Development Council on June 25th, and they
recommended against the $80, 000 in funding by a 4-to-3 vote. They
supported the event, but they thought they should find other monetary
sources for this their fifth year.
We brought it forward to see whether you wanted to ratify that
decision and recommendation of the Tourist Development Council.
COMMISSIONER FIALA: You say it was brought before the
Tourist Development Council --
MR. MIHALIC: Yes, ma'am.
COMMISSIONER FIALA: -- for 2002?
MR. MIHALIC: Yes, ma'am. Yes, ma'am.
COMMISSIONER MAC'KIE: Their funding request was
recommended for denial and done before Commissioner Fiala-
before you were here, I made a motion to accept their
recommendation, then withdrew it out of deference to your needing
to be here and also wanting to hear that issue of the CAT bus system;
maybe that's a way that we can be helpful. I don't support continuing
funding.
COMMISSIONER FIALA: I know that -- and yet as I look at
some of these wonderful things that are coming up, like the 4th of
July, I would guess that once they blow off the fireworks, they are
going to need some more money for the next year. I'm thinking that
might be something that is also continued funding and would be
something to be proud of.
I think each year the Marco Island Film Festival is expanding
and trying to do new things. So maybe rather than think that it's
something that is just beginning, maybe we -- if they could be
expanding and increasing their program so that -- so that -- of course,
fundraising.
I think that it would be nice to even see Marco Island, the city
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September 11, 2001
of, helping them a little bit. Have they helped you yet?
CHAIRMAN CARTER: Well--
COMMISSIONER FIALA: That's all right.
CHAIRMAN CARTER: -- you have to get on the phone. You
can ask that question.
COMMISSIONER FIALA: You know, but getting funding
from other sources as well I would love to see that happen. But I
think this is -- this is something that is very unique to our community,
and I would like to see us continue it.
COMMISSIONER MAC'KIE: I -- frankly, if I had been on the
TDC, I would probably argued in favor of funding. But having not
been there and this being the first year -- really full year of us letting
them have a mission, go forward, and tell us how -- you know, what
events can support the mission, I just want to give them deference
this year and let them --
COMMISSIONER FIALA: I love the idea that they are going
into Immokalee now, and they are going -- I heard -- I was with a
group from the City of Naples the other day who said that they were
going to be doing their thing in Cambier Park, which is something
they haven't done. It has just been on the island so far. So people are
kind of happy that they are spreading out --
COMMISSIONER COLETTA: Commissioner Mac'Kie, would
you be receptive to a lesser amount?
COMMISSIONER MAC'KIE: Well, I'm curious to know if--
CHAIRMAN CARTER: Don't have any money.
COMMISSIONER MAC'KIE: -- as far as the buses, I'm very
curious to know if the buses could be used. I'd be interested in
helping with that if that's something that works.
CHAIRMAN CARTER: There are two parts to the discussion.
I think we can entertain the other discussion. We need to go to public
speakers, and then I think we can draft whatever we are going to do
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September 11,2001
here.
COMMISSIONER MAC'KIE: So, first of all, you are calling
for comment and a motion on the funding?
CHAIRMAN CARTER: No. I'm asking for input from the CAT
system because that's a question that seems to have some influence
on how the motion might be stated. Therefore, I would like to have
that presented, if we might.
MS. WOLFE: Good afternoon, Dawn Wolfe, Transportation
Planning Director over the Collier Transit Program.
We have researched this issue -- and this is not the first item that
has come to us as a request for these types of services. We would be
in violation of our FTA for noncharter service agreement. Should we
provide this type of service, it would jeopardize our funding --
COMMISSIONER MAC'KIE: That settles that.
CHAIRMAN CARTER: Thank you very much, ma'am.
COMMISSIONER HENNING: I have a question for Mr.
Mihalic. The way the ordinance was written to help out these special
events, is it my understanding that it is -- help out these events for a
certain period of time until they get on their-- their own; right?
MR. MIHALIC: That's a policy issue. It is not -- it is not
written in the ordinances anywhere that way, but it's your final
decision what events you choose to fund or not fund, and you have
sole discretion on that.
COMMISSIONER HENNING: Okay.
COMMISSIONER FIALA: And we want to make sure that we
don't shoot ourselves in the foot if we want to continue to fund, like,
Parks and Recs events that we will have each year. And the same
with the 4th of July. We want to make sure that we look at all of
them fairly and don't policy ourselves into a comer, No. 1. And, No.
2, this is the only event that I know of that Marco Island holds, and
yet they collect one-third of our tourist tax dollars -- or almost
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September 11, 2001
one-third, so I'd love to see them being smiled upon favorably
because they play, indeed, a great part in the collection of these
funds.
COMMISSIONER HENNING: Yeah. And we also spend
one-third down on Marco Island to renourish the beaches --
COMMISSIONER FIALA: Yes, we do. Yes, we do.
COMMISSIONER HENNING: -- and dredge the passes.
COMMISSIONER MAC'KIE: I'm not sure if a motion would
be appropriate, but I would like to close down the issue of the transit.
CHAIRMAN CARTER: Yes, I agree, Commissioner. I think
that's off the board.
COMMISSIONER MAC'KIE: So --
CHAIRMAN CARTER: We have to go to public comment.
Prior to that I will state -- because I chair the TDC -- TDC felt that
we had supported it for four years. It was time for them to be able to
stand on their own. They indicated they did have the money and they
could stand on their own, and I am a believer that I would like to give
them that opportunity.
I believe the City of Marco Island may want to contribute.
There may be others. They're broadening their base in where they are
going to present the filming -- and drawing in more of the
community, which should I believe in my judgment -- enrich their
donation base? I think it's time for them to fly on their own, and let's
see how they do it. But we can go to public speakers now.
MR. OLLIFF: Thank you. Public speakers, Maury Dailey and
Cynthia Dobyns.
MR. DAILEY: Good afternoon. My name is Maury Dailey,
Marco Island. Thank you very much for the opportunity to be here.
Yes, we are here to justify the request, and as was well stated the -
the first several years of the film festival, we thank you very much for
the support that we've had from Collier County. It's been able to
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September 11, 2001
allow us to grow the festival to the extent that it is today. And last
year we just kind of touched the waters of the Naples/Marco -- what
would it be like to expand it in Naples? Trying to figure out how
much support we needed to make that event happen.'? This year the
expansion is going to happen into Naples. In addition to what we are
continuing to do on Marco is -- is quite incredible.
As was mentioned, there is going to be a screening on Thursday
night at Cambier Park sponsored by HBO and ComCast. Then we
have Besteiro 2 ! and Jack Antaramian properties involved with the
activities there, as well as vagina-- Verginas as well as we have the
Regal Cinema showing movies; Jay Russell special night, which will
be going on at the Mediterra with the Bonita Bay Properties
involvement, Opus Restaurant-- it just goes on and on with the
involvement this year. After touching in the waters last year, this
year we are really getting in there. And, actually, we had plenty of
time in preparation for our opportunity to get up here to talk a little
bit.
But one of the things we talked about is Immokalee and some
other stuff that is going on there. Cindy is going to touch on part of
what is happening that will hopefully capitalize in the following year.
MS. DOBYNS: The event that we are talking about in
Immokalee, in fact, we are gathered-- we have talked with the theater
that is soon to be built -- if it's ready in time will be there, or it will be
at the auditorium, the high school auditorium there with a feature
called "The Adventures of Ragtime. "It's about a talking horse for
those of us who might be old enough to remember "The Amazing Mr.
Ed." It is an adventure that will either trigger the imaginations of
children -- of our own children and grandchildren who might even
some day want to be in the film industry.
One of the big selling points, of course, of the event this year is
the fact that we do have a lot of children's activities. It's not just a
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September 11,2001
four- or five-day event anymore. It goes to eight days. The
following weekend we are in Bonita Springs and in Immokalee. This
is an event that certainly would bring people here for extended
stays -- to stay in our hotels, et cetera.
MR. DAILEY: I guess coming back to you is really saying, we
could kind of sum it up in that we have created, in essence, a really
bright light with your help and your support of the past -- an
especially going into Naples. Naples is as if it's another film festival.
It just happens to be in conjunction with Marco Island Film Festival.
And by not doing and supporting a portion of-- if not the entire
amount of the request is kind of putting a hat over really a bright light
that you helped create.
What we want to do is get out there and get the word out next
year about how great this -- this whole Collier County area is by not
only what is going on in Immokalee and Marco Island but in Naples;
a very large event that is good for everybody. That's really -- I know
you have some other--
MS. DOBYNS: IfI may, if I'm not taking up too much of your
time. What I bring to the table, I'm a hospitality publicist with about
20 years' experience, formerly with The Registry Resort, and now
devoting my time here to the Marco Island Film Fest. And one of the
things that I do know is how to get heads in beds, how the hotels
monitor that to find out whether or not we are, indeed, bringing into
this economy.
I have been working with the FLA/USA to visit Florida people.
Yesterday's Travel Weekly magazine has a big feature telling travel
professionals what kinds of commissions they can get for bringing
people down here on these packages.
I also have some letters here from SunTrust, who is one of our
supporters, and they talk about how pleased they are to have the
sponsorship position every year since the film festival's inception.
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September 11, 2001
This decision by organization opens the film festival up to more
visitors and residents alike to go into other areas of Collier County.
I also have an e-mail that was sent to me by Maggie McCarty
talking about how if Marco Island and Naples can be identified as
film-friendly destinations, attracting film makers and creative
executives to Southwest Florida, this too will be a great injection into
our economy in terms of-- in terms of money. Thank you for your
time.
CHAIRMAN CARTER: I think -- you have other points, sir?
I think those are excellent points, ma'am. I think it will give you a
wonderful opportunity to demonstrate to the TDC and Board of
County Commissioners. If you can put heads in beds, and get those
things to happen, I would be the first one to reconsider your proposal
next year.
At this time, though, I have heard for three years similar kind of
promises and never able to measure -- we never could be able to
figure it out. I think you have done a great job, but you have to light
more lights throughout the community and have those communities
put stuff up and contribute to what you are trying to do. I commend
you on your efforts, but my position, respectfully, still stays the same.
COMMISSIONER FIALA: Well, I would like -- since you
have expanded so much -- you are here doing some PR -- which is
wonderful. You know how to count the heads and beds there. You
made a good point there about maybe the paperwork needed to be
improved a great deal, actually. And I'm hoping to see that you can
add that tweak to it.
Again, you are expanding to a point where it's going to give us a
lot of recognition. Boy, Jim is tickled to see it in Immokalee over
there. I mean, that was your suggestion, wasn't it --
COMMISSIONER COLETTA: Yes --
COMMISSIONER FIALA: -- If I remember correctly?
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September 11, 2001
COMMISSIONER COLETTA: -- it was. It was some general
persuasion.
COMMISSIONER FIALA: And I would really like to see you
get the funding -- all $80, 000. I would like to make a motion to fund
the $80, 000 for 2002 from the tourist development fund.
COMMISSIONER COLETTA: I'm going to second that motion
so we can have some discussion.
CHAIRMAN CARTER: Well, again, this morning we -- we
were made well aware that there is not any other funds, that there is
not any carryforward and that the small amounts there may
evaporate. Again, the 5.5 percent in my judgment is going to
disappear. You are going to be flat next year at best, and I just
cannot support an additional expenditure of funds.
COMMISSIONER COLETTA: Excuse me, Jim.
Commissioner Carter, just so I understand -- maybe I didn't read this
thoroughly enough. Are we talking about the following year's
funding, or is this coming year additional funds on top of--
CHAIRMAN CARTER: They are talking about this year
draining down--
COMMISSIONER FIALA: No.
COMMISSIONER COLETTA:
CHAIRMAN CARTER: 2002.
No.
They are still -- that even
further enhances my argument because I don't know what we are
going to have in 2002, and I'm not willing to go there.
COMMISSIONER COLETTA: When will we have to -- can we
make a commitment at a later date for 2002 or is that something that
has to be done way --
COMMISSIONER HENNING: There is an application --
CHAIRMAN CARTER: There is an application process in
which they can follow, which is outlined.
MR. DAILEY: Commissioner Coletta, we have each year tried
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September 11, 2001
to follow this process, and the concern that we have is the timing.
Our time for some of the national advertising that needs to go out
there is, like, January, February. So it's just a matter of timing. This
year we thought we were kind of a head of the curve, and that's kind
COMMISSIONER COLETTA: I hear where you are coming
from. Are we talking about the difference not so much in addition to
this year; this would be the following year? MR. DAILEY: Correct. 2000--
COMMISSIONER COLETTA: In order to make your plans,
you have to make them ahead? MR. DAILEY: Correct.
COMMISSIONER COLETTA: In the event this motion fails,
I'm going to make a second motion if time permits and you allow me
to for a lesser amount, but in this case -- CHAIRMAN CARTER: Here--
COMMISSIONER COLETTA: -- I stand by my second.
COMMISSIONER FIALA: Thank you. Did you have a
comment about that, Greg?
MR. MIHALIC: No. Only if you have a question,
Commissioner. This is Category B, though. This is a different
category than the museum category we were talking about this
morning. This comes out of Category B funding.
COMMISSIONER FIALA: Thank you very much.
CHAIRMAN CARTER: What is the status of that budget?
MR. MIHALIC: There is about a million and a half dollars in
reserves in that budget.
COMMISSIONER MAC'KIE: For the purpose of what?
COMMISSIONER HENNING: Beach renourishment.
MR. MIHALIC: Advertising, marketing and special events.
COMMISSIONER FIALA: And my motion stands firmer than
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September 11, 2001
ever.
CHAIRMAN CARTER: I still oppose it. They have to prove to
me that they are going to deliver the goods. I have heard this story
too many times, in all due respect. You prove it to me -- what did A1
say, "I'm from Missouri. "Well, that's where I am.
So I will call the motion. All in favor of Commissioner Fiala's
motion; second by Commissioner Coletta to spend $80, 000 out of
Category D to support the Marco Island Film Festival signify --
COMMISSIONER MAC'KIE: "B" as in Boy.
CHAIRMAN CARTER: D--
MR. OLLIFF: B.
CHAIRMAN CARTER: "B" as in boy -- excuse me -- "B" as in
boy-- signify by saying aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN CARTER: All opposed.
COMMISSIONER MAC'KIE' Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN CARTER: Aye.
COMMISSIONER FIALA: May I make a second motion?
CHAIRMAN CARTER: You can make as many motions as
you want, Commissioner.
COMMISSIONER COLETTA: I would just like to give it a try.
Because I try and do in my heart -- find a way to keep this thing
going. And, believe me, when it comes back next year, if they don't
measure up to certain forms or standard, I will feel compelled to take
them to the wrath myself.
I would like to make a motion at this time for $50, 000.
COMMISSIONER FIALA: I will second that.
CHAIRMAN CARTER: Discussion?
All in favor signify by saying aye.
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September 11, 2001
COMMISSIONER COLETTA: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN CARTER: Opposed?
COMMISSIONER MAC'KIE:
COMMISSIONER HENNING:
CHAIRMAN CARTER: Aye.
COMMISSIONER HENNING:
I make a motion that we go
with
funding.
CHAIRMAN CARTER:
discussion?
All in favor signify by saying aye.
COMMISSIONER MAC'KIE: Aye.
CHAIRMAN CARTER: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN CARTER: Opposed?
COMMISSIONER COLETTA: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN CARTER: Motion carries 3-2.
much.
MR. DAILEY: Thank you, Commissioners.
· staff-- the recommendation with staff and TDC by denying the
I will second that motion. Any
Thank you very
Item #1 OH
RESOLUTION 2001-361 OPPOSING THE DEVOLUTION OF
HUMAN SERVICES FROM THE STATE OF FLORIDA TO
LOCAL GOVERNMENTS AND COMMUNITIES - ADOPTED
CHAIRMAN CARTER: That takes us, I believe, to Item
COMMISSIONER COLETTA: I'm sorry.
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September 11,2001
CHAIRMAN CARTER: -- because we need to hear this before
we hear G, if I'm following my cheat sheet right.
COMMISSIONER MAC'KIE: You are right.
MR. OLLIFF: Greg, was there anything else?
MR. MIHALIC: No. No. No.
MR. OLLIFF: Okay.
COMMISSIONER FIALA: I have to wash my hands off.
MR. OLLIFF: Mr. Chairman, as you are aware, the Regional
Planning Council put together a group of county and city managers
from around Southwest Florida, and when we were discussing items
that we shared and agendas that might be similar that we might need
each of our jurisdictions to pay some special attention to this issue of
devolution -- and in particular human services from the state to local
governments and jurisdictions was almost at the top of everyone's
agenda. And if the Board will recall, some of you were on the board
at the time two years ago. Children Services, in essence, devolved
down to local government areas or to local communities.
Last year without being as direct a closure of the G. Pierce
Woods Mental Health Hospital in Arcadia forced local communities
from Sarasota through Collier County to begin to pick up a lot of
what used to be a state responsibility in the mental-health field, and it
continues to be a theme that we see in Tallahassee.
It is -- become a theme without a lot of discussion. It has
become a theme without their being a lot of organized
communication between local governments in the state. And after
two sessions we've finally realized that if-- if we don't wake up, that
the trend is going to continue, and that we need to get engaged and
probably ask in an active and organized way to Tallahassee -- at least
slow down long enough for us to have some communication and
decide which of these services should be handled by the state, which
of these services are best handled by local communities. And if we
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September 11, 2001
are going to actually transfer some of these, doing it in an organized
way, so we can make sure that, in particular, clients aren't falling
through the cracks; that's our biggest fear.
COMMISSIONER HENNING: Mr. Olliff, I proudly make a
motion to adopt this resolution.
COMMISSIONER MAC'KIE: Second.
CHAIRMAN CARTER: I have a motion for the resolution by
Commissioner Henning and second by Commissioner Mac'Kie.
Question by Commissioner Coletta --
COMMISSIONER COLETTA: Not a question; a statement.
I -- I really think that it's -- I have no doubt that you would -- you
would support this Resolution No. 2001. Can we have this read into
the record for the benefit of our TV audience?
COMMISSIONER MAC'KIE: Go right ahead.
CHAIRMAN CARTER: Go right ahead.
COMMISSIONER COLETTA: May the county manager do the
honors?
MR. OLLIFF: I would be happy to.
COMMISSIONER COLETTA: With your best radio voice.
MR. OLLIFF: A resolution opposing the further devolution of
Human Services from the State of Florida to local governments and
communities until such time as a study of such can be conducted
(as read):
Whereas, the effective provision of human services is an
expected component of public services; and,
Whereas, the public also expects that services be efficient
and without waste to keep costs as low as practicable; and,
Whereas, some efforts have been made to improve
effectiveness and efficiency through devolution; and
Whereas, a complete strategy has not been developed that
balances authority with responsibility, funding sources with funding
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September 11, 2001
needs, and community needs with community capacities; and,
Whereas, further devolution without such a strategy can and
will lead to more inefficient and less effective services, extreme
management, fiscal, and legal problems for an overburdened to local
government; and,
Whereas, Florida has made good use of study commissions
that are given the mission to examine the issues and the results
desired, and then make recommendations on the management, fiscal,
and legal reforms needed; and,
Whereas, a study commission on the subject of devolution,
beginning with health and mental health issues would be timely.
NOW, THEREFORE, BE IT RESOLVED by the Collier
County Board of County Commissioners that a request be made to
the Governor that the Legislature be requested to create and empower
a study commission on Human Services Devolution. The study
commission should be given a set time period to examine the results
expected in effective and efficient human service provision, and to
return to the Governor and Legislature with a set of recommendations
that addresses the necessary management, financing, and legal
reforms needed for such a system without the State's government
framework.
IT IS FURTHER RESOLVED that additional devolution on this
and other such issues be held in abeyance until the study commission
is created and its mission accomplished.
IT IS FURTHER RESOLVED that the local governments within
the region and other regions in the State be asked to consider the
passage of similar resolutions on this subject.
This Resolution approved and duly executed this day of 2001 by
the Board of Collier County Commissioners.
CHAIRMAN CARTER: Thank you, Mr. Olliff. I think that
qualifies our position. The other thing that I had been requested, and
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September 11, 2001
I believe by Mr. Feder has incorporated into the agenda -- that
Legislative agenda is the subject of billboards, the most relentless
industry in the State of Florida where they keep trying to take away
local rights to keep them or get rid of them in your community.
Collier has established a program to that effect. I believe, now, we
have some wording that we are going to send to our legislators to do
it.
COMMISSIONER MAC'KIE: Are we moving to the next
agenda item on the--
MR. OLLIFF: Actually, I think you have got a motion on that-
second on the floor--
CHAIRMAN CARTER: I'm sorry.
MR. OLLIFF: -- of that resolution.
CHAIRMAN CARTER: I stand corrected. We have a motion
by Commissioner Henning and second by Commissioner Mac'Kie.
All in favor signify by saying Aye.
(Unanimous response.)
CHAIRMAN CARTER:
(No response.)
CHAIRMAN CARTER:
Opposed by the same sign.
Motion carries 5, 0.
COMMISSIONER HENN1NG: Mr. Olliff, I just want to thank
you for bringing that before us, and the time is impeccable.
Item #10G
ADOPTION OF COLLIER COUNTY'S 2001-2002 LEGISLATIVE
AGENDA- APPROVED W/CHANGES
MR. OLLIFF: You are very welcome. And I would, just, on
that note ask you in your involvement with FAC, other county
commissioners do try and make this a priority. I think we need to get
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September 11,2001
that message clearly to our state legislature.
CHAIRMAN CARTER: Well, as Tom well knows,
October 3 to 5, FAC is having their initial workshops before they
bring it to -- the total package back in November, and the positions -
which I will be participating in the October workshops, again, to
reiterate our positions in Collier County. And this is a very, very
important issue that I will not miss an opportunity to communicate
with all the commissioners in respective counties as the need to do
this. Thank you.
MS. WALSH: Good afternoon, Commissioners. My name is
Beth Walsh. I'm assistant to the county manager.
In your agenda packet is a list of legislature items that pertain to
Collier County. The staff is recommending that the board adopt the
proposed legislative agenda for presentation to the local delegation
on October 5th.
COMMISSIONER MAC'KIE: So moved.
CHAIRMAN CARTER: And we have included billboards in
there?
MS. WALSH: We have not. But if the board directs, we can do
SO.
COMMISSIONER MAC'KIE: So moved with that addition.
CHAIRMAN CARTER: With that addition.
COMMISSIONER FIALA: Second.
CHAIRMAN CARTER: I have a motion for by Commissioner
Mac'Kie and second by Commission Fiala. Questions?
COMMISSIONER COLETTA: I have no questions. Comment.
There is one thing that I would like to see us consider. We have a
very big problem out in District 5 with the number of mitigations that
will be taking place in the future, and I'm quite supportive in some
parts of it but--
We talked about a willing-seller program. A willing-seller
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September 11, 2001
program seems to have an end after so many years. I would like to
see us come up with something that would protect people that are
going to be in these lands that are going to be opened up for willing
seller that they will be a willing seller in perpetuity so that they can
sell the land however they please and whenever they please to their
children, keep it, or whatever, and it won't be able to revert back for
the taking.
I really think this is essential before we send this on to the state
that we have that included.
COMMISSIONER MAC'KIE: Mr. Coletta would be asking the
state to waive their police powers?
COMMISSIONER COLETTA: No. What I am asking the state
to do is that when they come out with the terminology that says that
the lands that are going to be purchased -- if this -- just because a --
an area for mitigation -- ROMA or whatever -- that you become a
willing seller; that's all fine and good -- that you are willing seller in
perpetuity so you don't have to worry about your land being taken
because your neighbors sell off to the government. You can keep
your rights and stay in place. If we don't -- do not do this and it
doesn't go forward, I will not support anything that has to do with any
ROMAS. I won't support anything that has to do with mitigation if
there isn't protection there for the consumer.
COMMISSIONER MAC'KIE: There is nothing -- respectfully,
there is nothing that we could do to urge the legislature to --
COMMISSIONER COLETTA: We can try.
COMMISSIONER MAC'KIE: I wouldn't support it. I'm going
to leave my motion on the floor the way it is.
CHAIRMAN CARTER: Commissioner Fiala.
COMMISSIONER FIALA: I was just going to ask. I have
never heard of that before. After a certain amount of time --
COMMISSIONER COLETTA: What happens is -- this was out
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September 11,2001
in the South Block. To give you an example, the state came in and
started the program off as a willing-seller program, and everything
was fine and copa-cetta. Everybody was getting along great. As they
progressed farther and farther into it -- of course, they pulled some
other deals and all to keep the price of the land low -- they turned
around after so long and they turned it from a willing seller into a
taking. And when that took place, the rights of the property owners
suddenly evaporated. The promises that were made were no longer
kept.
Now they are coming forward in Belle Meade, and they are
making the same promises. "This will be a willing-seller program.
You sell to us, or you don't sell to the state. Fine. You can live here
forever. You can use your land. It is now permitted. You can
continue."
But what's to say the next generation comes along and the man
gives it to his son; his son all of a sudden finds out that this
willing-seller program no longer exists. The state with -- withdrew --
reneged on their promise -- and has got a taking of the land. It won't
hurt to ask to try and move it forward.
Burt Saunders told me that this was a possibility this would
happen. But we needed the backing of the commission to be able to
make it happen. I'm just asking that we do it for Collier County.
COMMISSIONER FIALA: You mean just add wording to that
affect?
COMMISSIONER COLETTA:
COMMISSIONER MAC'KIE:
That's correct.
If I could just try to -- just in
case we are getting serious about this -- try to counter a proposal to
that is, what happens is as state agencies -- environmental protection
agencies acquire land through a willing-seller program, it reaches a
point of critical mass when -- for example, in South Blocks, the
Southern Golden Gate Estates, as much property as reasonably could
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September 11,2001
be acquired by willing seller was purchased. Then there are always
going to be some holdouts; that unless the state then goes on and
acquires those lands through that eminent domain, just like we do for
a road or for any of the public works project -- this is a public
drainage project to be able to drain -- to return the water system of
the Everglades back to its original condition. And once all of the
willing sellers have sold, then all of that acquisition would be
meaningless, but for, if we can't acquire these few isolated parcels
that then have to be taken by eminent domain.
COMMISSIONER COLETTA: No, we don't.
COMMISSIONER MAC'KIE: And then -- when they are taken
by eminent domain, if we don't think the eminent domain laws are
fair, if we don't think the appraisal process is fair, if there is
something about eminent domain and the way it works that we want
to suggest be changed, that would be realistic. But, respectfully --
well, I just think it would be embarrassing for the county to say --
COMMISSIONER COLETTA: Commissioner--
COMMISSIONER MAC'KIE: -- please don't -- please waive
your eminent domain pow -- once you say you're going to be willing
seller --
COMMISSIONER COLETTA: Willing seller-- exactly.
Willing seller is -- is a definite term. Why go to these people -- and I
attend these meetings. What they tell them are, "You are a willing
seller. "They don't come back and say, "twenty-five years from now
if you are not a willing seller by then, we are going to take your
land."
COMMISSIONER MAC'KIE:
COMMISSIONER COLETTA:
truth.
COMMISSIONER MAC'KIE:
COMMISSIONER COLETTA:
Well, you can't--
No. Pam, I'm telling you the
I know.
They give you the impression
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September 11,2001
that you are always a willing seller and, believe me, the land is driven
by this. And in any case the land values are going up. It's costing
them more to buy these lands -- and God forbid that that should
happen, but that's the best thing in the world. It's free enterprise. If
we don't have it in there, I will resist every attempt in District 5, and
that includes all the study groups that are out there and what they are
trying to do for willing-seller programs, because I'll go in there, and
I'll tell them the truth--
COMMISSIONER HENNING: I can appreciate what --
COMMISSIONER COLETTA: -- and they will go down the
drain.
COMMISSIONER MAC'KIE:
the truth.
COMMISSIONER COLETTA: But this is truth. It has never
come out until this point in time.
COMMISSIONER MAC'KIE: I think it did surprise people that
-- and it surprised me. I didn't understand how the process worked.
But as you look at the process, Commissioner, what would be the
alternative for the State? How can we ever complete a public-works
project if we have one hold-out piece of property and we don't have
the power to take it to eminent domain --
COMMISSIONER COLETTA: You don't need to have every
single unit of property.
COMMISSIONER MAC'KIE: How is that going to take out the
roads and the canals and--
COMMISSIONER COLETTA: We are talking -- the south
block is a different thing. They are telling them that they will never
take out the roads over here in Belle Meade -- the north Belle Meade
area, that it's going to be a wilderness area for the people that want to
live there. They will be able to enjoy it in common with everybody
else. This is the word that they have got out there. Now, if that is all
Nothing wrong with telling them
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September 11, 2001
a lie, let's be honest and be up front about it now. That if they are
going to take the land and the land is going to be taken eventually,
they better start mobilizing their forces so they can fight it from
Day 1.
But if you put that in there, I'll be -- even if it doesn't pass the
state legislative body -- and believe me, I'm going to work on making
sure that it does. Even if it does not pass, I will be quite cooperative.
But I will make sure that everybody is aware of it. Right now I have
an obligation to my constitutents out in that area that have invested
their time, their money, and are looking for something for themselves
for the rest of their lives and want to pass on to their children.
COMMISSIONER FIALA: You know, this is such a healthy
thing, isn't it, in hearing this discussion and getting both --
COMMISSIONER COLETTA: It is. It is.
COMMISSIONER FIALA: -- things. Excuse me.
COMMISSIONER HENNING: And I can just say that I think
-- I hope that we can table this because the willing-seller program is
still an option and is still being pursued for the southern Belle Meade.
I think it's a healthy discussion, and we need everybody here; the
environmentalists and the property owners and property-rights people
here. I agree I don't like government coming in and saying, "We're
going to buy your property if you want to sell it, "and then tomorrow
they come in and say, "We are going to take your property now
because you don't want to sell it. "I don't like that.
COMMISSIONER MAC'KIE: I agree. I agree.
CHAIRMAN CARTER: Well, I don't think nobody disagrees
with that argument --
COMMISSIONER MAC'KIE: Nobody --
CHAIRMAN CARTER: -- for all commissioners. And I -- I
will tell you candidly, Commissioner Coletta, I don't have enough
information at this point; that's a very, very far-reaching discussion --
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September 11, 2001
that decision. That has a lot of implications, not only statewide,
county-wide, may even affect our own processes.
And I just -- I think it's something that is a healthy discussion,
and if a program fails -- if it fails then is the time to say, "Wait a
minute. We can't support it or go forward with this, "and forces can
be marshalled to stop those kinds of thing. At--
COMMISSIONER MAC'KIE: You know, what I don't
understand --
CHAIRMAN CARTER: -- this time we have to be careful.
COMMISSIONER MAC'KIE: -- if we were taking a position
on that particular acqusition project, if in our legislative agenda we
are saying we are for it or against it, I could see you taking a stand
that you are not going to support anything unless --
COMMISSIONER COLETTA: I'm talking about Collier
County because everyone owns a section of land, they own a piece of
land; it doesn't matter if they own --
CHAIRMAN CARTER: Commissioner Coletta, we are not --
we are not putting that in here. We are not saying that we are for or
against anything.
COMMISSIONER MAC'KIE: But I would hope that as a
county commissioner we could submit to the legislature for its power
delegation for their meeting in about three weeks -- CHAIRMAN CARTER: Right.
COMMISSIONER MAC'KIE: -- that the legislative request of
this board -- and that that would be unanimous request, even though
we have this one issue still pending we may yet have to fight over,
but--
COMMISSIONER COLETTA: If we can bring this up for
reconsideration at the next meeting in time enough to be able to get
this on this particular agenda --
COMMISSIONER MAC'KIE: Could we pass what's here, and
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September 11, 2001
then if you have something else you want to bring for the board to
consider we do that?
COMMISSIONER COLETTA: Well, I would like at this point
in time to have this direct staff to bring it back at the next meeting
with a firm promise that at the next meeting we will be able to
include this in there, or do we have time constraints where we won't
be able to?
CHAIRMAN CARTER: I will defer that question,
Commissioner, to our county manager.
I think this is an issue that -- first of all, would never be dealt
with this in this upcoming legislature. They are not going to take on
this subject. They are going to do the best that they can to try and
focus on redistricting --
COMMISSIONER MAC'KIE: Redistrict of budget and that's it.
CHAIRMAN CARTER: Right. You are not going to see it this
year; next year you might see it. That will be an even more
appropriate opportunity to deal with it. But I will defer your question
to the County Manager.
COMMISSIONER MAC'KIE:. I will call a question.
CHAIRMAN CARTER: Well, let me get the question.
COMMISSIONER MAC'KIE: Okay.
MR. OLLIFF: The specific question was?
COMMISSIONER COLETTA: The question was, are we at a
time restraint where we can't at the next meeting come back with this
one item to be able to get it back on the legislature agenda?
MR. OLLIFF: No. We can -- can do that. If the board --
COMMISSIONER FIALA: In other words, we can pass the rest
of this --
COMMISSIONER COLETTA: If the board is agreed to --
allow to come back at the next meeting?
MR. OLLIFF: Uh-huh. But, frankly, if there is no support on
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September 11, 2001
the board, I'd just as soon know that now. If there is support or you
would seriously like to consider it, then -- then --
COMMISSIONER MAC'KIE: Somebody frame the question.
What would we seriously be asking the legislature to consider?
"Dear Legislature, please require your agencies once they say willing
seller never to be able to use their eminent domain power"?
COMMISSIONER COLETTA: I was thinking something a
little more dramatic.
COMMISSIONER MAC'KIE: Give me -- I want to know what.
COMMISSIONER COLETTA: Yeah. I'm not used to writing
legislation at that particular level, but I will give it a try. The owners
of property in Collier County that come under the jurisdiction of
ROMA and the willing-seller program -- ROMA or whatever other
entity it might be -- that if they enter into this willing-seller program
in this particular area that that area will remain a willing-seller
program in perpetuity as far as this goes. It won't include such things
as roads or the right-a-ways or whatever. But the taking of the
property, when it's a willing-seller program, will be -- will not be an
entity they can consider; that's the end of it.
In other words, the willing seller they have got to be able to sell
it. The government will have to match their price eventually.
COMMISSIONER MAC'KIE: That's exactly what I have been
saying, that you are asking the state to waive their eminent domain
powers. If that's what you are asking, I'm just --
COMMISSIONER COLETTA: The suffering that took place in
the South Block was unbelievable --
COMMISSIONER FIALA: But you are talking one particular
area, right, South Block?
COMMISSIONER COLETTA: No.
CHAIRMAN CARTER: No. He's talking about the whole
county.
Page 155
September 11, 2001
COMMISSIONER COLETTA: South Block --
COMMISSIONER HENNING: What Commissioner Coletta is
saying is government, if you say that you want to buy somebody's
property -- if you want to sell it, fine. And if you tell people that you
want to take their property, that's fine. But don't tell them that you
are going to purchase it if you want to sell it and tomorrow take it.
And I think that could be a healthy discussion; not only for this board
on a future date, but also the public in general.
COMMISSIONER COLETTA: I've got two. I'm the third.
Let's bring it back.
CHAIRMAN CARTER: I don't want to bring it back because
nothing is going to happen in this next legislative session. I'm more
than willing to enter that discussion after a considerable amount of
thought and consideration are done to it. A number of other issues
that are in front of the commission -- and I think I would agree it's a
healthy discussion. I don't want somebody to have their land taken.
But I also need to have a total input and package in references -- in
all kinds of stuff. I mean, I'm not ready to make that decision, and I
won't make it today.
COMMISSIONER MAC'KIE: We take land every day in this
county. We take people's land.
CHAIRMAN CARTER: Right.
MR. OLLIFF: Mr. Chairman, I might offer -- I might offer an
alternative, because I think what is being asked is probably
unrealistic in terms of actually getting the legislature to approve
something like that. But I think if the point is the state government
needs to be more clear with those people who own property out there
that there is not only a possibility, but a probability that if a certain
percentage --
COMMISSIONER MAC'KIE: Right.
MR. OLLIFF: -- of properties get purchased through the
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September 11,2001
willing-seller program, that eminent domain actions will be taken in
order to secure the balance --
COMMISSIONER MAC'KIE: I will support "Tell the truth"
laws.
COMMISSIONER COLETTA: Of course. I don't need the
state to do that now. I can do that just fine myself. But I do
appreciate that as an out.
MR. OLLIFF: Well--
COMMISSIONER COLETTA: It still doesn't-- it still doesn't
answer the question. I'm willing to wait a full year, but during that
year I'm not going to allow much to go forward in this direction of
the taking of the lands. They can make offers, but I'm going to make
sure everybody is totally advised to what's happening in every single
meeting that takes place out there.
COMMISSIONER FIALA: I wonder if-- say, for instance, you
have somebody who -- who -- their land is right over the flooding
area in order to replenish our coffers and give us water for the rest of
the century -- and this one person is just going to test the waters and
show you that you can't -- can't buy his property period. And so we
can't replenish our coffers because of this person's property; then
what do you do?
COMMISSIONER COLETTA: Well, you make it fair by doing
the same thing in East Naples.
COMMISSIONER FIALA: What?
COMMISSIONER COLETTA: Clear the land and allow the
water to be replenished.
CHAIRMAN CARTER: I'm going to call the question. I'm
going to call the question, Commissioners. Call the question. All in
favor of the legislature agenda please signify by saying aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER MAC'KIE: Aye.
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September 11,2001
CHAIRMAN CARTER: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN CARTER: Opposed by the same sign.
COMMISSIONER COLETTA: Aye.
CHAIRMAN CARTER: Motion carries 4-1.
MR. OLLIFF: Beth, before you leave would you just give them
an update on the code enforcement part of that? I want to make sure
that they are clear, whether that was or was not part of the agenda.
MS. WALSH: It is not part of the agenda.
COMMISSIONER MAC'KIE: It's not.
MS. WALSH: It has been withdrawn. Conversations with the
clerk-- through conversations and meetings, they have identified
other alternatives.
COMMISSIONER MAC'KIE:
the motion.
MR. OLLIFF: Okay.
CHAIRMAN CARTER:
MR. OLLIFF: 12-A.
CHAIRMAN CARTER:
Have I missed anything?
that.
I understood that when I made
All right.
I think I have covered everything.
COMMISSIONER MAC'KIE: Truly Nolen, we are getting to
Item # 12A
RECOMMENDATION THAT THE BOARD APPROVE A
SETTLEMENT IN THE CASE OF TRULY NOLEN V. COLLIER
COUNTY, CASE NO. 01-1870CA - APPROVED
CHAIRMAN CARTER: Yes. We are going to 12-A, county
attorney's report.
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September 11, 2001
COMMISSIONER MAC'KIE: I would like to move approval of
the settlement agreement that is proposed and to thank the county
attorney and Mr. Cheffy for their creative solution to a cumbersome
problem.
MR. PETTIT: If I may, Mike Pettit from the county attorney's
office. Before you move forward, I just want to make clear that the
settlement agreement was drafted that was attached -- we are
probably going to be making some modifications in that language to
reflect some of the things that I said in the executive summary.
In addition, you'll see that it's with Truly Nolen, Inc., and Truly
Nolen individually. That was drafted that way by Mr. Cheffy
because when code enforcement initially cited, they cited both Truly
Nolen, Inc., and Truly Nolen individually. The amendment we're
contemplating working on would be for individuals who own either
antique cars or horseless carriages, as those are defined by the Florida
Statutes.
COMMISSIONER MAC'KIE: I will incorporate those
comments into my motion for approval.
CHAIRMAN CARTER: Do we have a second?
COMMISSIONER FIALA: A second.
CHAIRMAN CARTER: We have a second by
Commissioner Fiala. A comment by Mr. Weigel?
We have one public speaker on this, Stanley
MR. WEIGEL:
Bunner, Jr.
MR. BUNNER:
Chairman, Members of the Commission, my
name is Stanley Bunner. I'm an associate attorney with Cheffy,
Passidomo, Wilson & Johnson.
Mr. Cheffy would be here today, but he is hosting the
interviewing process for the judicial nominating commission. He
sends his regards.
I'm really here just to answer any questions that you have since
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September 11, 2001
it seems to me the board is ready to move on this.
COMMISSIONER MAC'KIE: He had a question.
COMMISSIONER HENNING: A question for our staff. Are
we setting precedents by letting this go through the process of a
variance for the -- I know the original one was -- why we are entering
into this suit because it violated our code, and with Mr. Nolen's --
Truly Nolen's name on his cars. And I think last time we discussed
this is Mr. Nolen had an opportunity to come before the board for a
variance.
MR. OLLIFF: Let me address that. That was certainly the
proposal we made, and that's what was discussed. The longer we
looked at that option --
Mr. Weigel and I looked at it in our office, Mr. Nolen changed
attomeys, those attorneys looked at it in their offices, I met with those
attorneys, and we concluded it just wasn't workable for a couple of
reasons. One is the variance really focuses on site specific. And the
idea here would be an owner of a classic car, an antique -- I'm going
to use the statutory term "horseless carriage" or Antique No. 1 car,
would really have to seek a variance each time they displayed the car,
if they were going to use a variance procedure depending upon where
they displayed them throughout the county.
COMMISSIONER MAC'KIE: I think his question was --
MR. OLLIFF: It relates -- it relates to the land owner, not to the
person displaying the car.
COMMISSIONER MAC'KIE: His question was, are we setting
a precedent in the future that might cause us a problem? MR. OLLIFF: I don't think so.
COMMISSIONER MAC'KIE: I don't think so either.
COMMISSIONER HENNING: Okay.
MR. WEIGEL: Although what we will see, of course, is that
similar persons, similar circumstances will have the same implication
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September 11, 2001
as the change to the ordinance that would come through the
settlement process.
COMMISSIONER MAC'KIE: What that would mean is if
somebody else has antique cars and they have their names painted on
them, then they will have the right to display -- if they are the same --
MR. WEIGEL: If they meet the criteria --
COMMISSIONER MAC'KIE: -- beautiful antiques that are
positive for the community, then we will get to look at those pretty
cars too; that's not a bad thing.
MR. OLLIFF: Let me just interject that, obviously, we are
going to bring back to the board, assuming we find that we can bring
back a legally sufficient ordinance amendment, you are going to have
an opportunity to see what we craft. And there is probably going to
be some controls and some enforcement mechanisms in there to make
sure this doesn't mushroom into something that the board did not
intend.
COMMISSIONER HENNING: Okay.
COMMISSIONER MAC'KIE: Do you want to call the
question?
CHAIRMAN CARTER:
signify by saying aye.
(Unanimous response.)
CHAIRMAN CARTER:
(No response.)
COMMISSIONER MAC'KIE:
much.
MR. BUNNER: Thank you.
I will call the question. All in favor
Opposed by the same sign.
Motion carries. Thank you very
Item # 14
JOINT MEETING TO BE HELD WITH LEE COUNTY ON
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September 11,2001
OCTOBER 15TM AT FLORIDA GULF COAST UNIVERSITY
CHAIRMAN CARTER: We move now to Staff and
Commission General Communications.
MR. OLLIFF: Mr. Chairman, I have none, but I would ask
that -- at the conclusion of the meeting, I've asked Tom Storrar for
some meetings with the governor's office and other emergency
management people to come up and give us a Florida-related update,
if you will provide that opportunity.
CHAIRMAN CARTER: Okay. I have one. At the request of
Doug St. Cerney, my counterpart of Lee County Commission, that
we are looking at October 15th for a joint meeting between the
commissions, Lee and--
COMMISSIONER MAC'KIE: Oh, good.
CHAIRMAN CARTER: -- Lee and Collier. We would like
that to be a meeting for Lee and Collier commissioners and that the
city -- and any of the cities certainly could come and offer public
comment or any -- any items they would want to disclose. But the
purpose of Commissioner St. Cerney's position is well taken. We
want to keep it at the commission level at this point because there are
a number of cities who may want to participate, and that might be a
future kind of meeting that could be done somewhere. But there is a
number of issues that are county issues in both counties and that
would be appropriate to do that. So this date was cleared on
everyone's calendar, as I understand it.
MS. FILSON: It's on your calendar. I just don't have a location.
CHAIRMAN CARTER: Okay. It's on everyone's calendar.
We just -- the location will be Florida Gulf Coast University, as I
understand it, as the host; that's the information that I have.
Commissioner Coletta, I see you are having some --
COMMISSIONER COLETTA: Well, I would like to see my
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September 11, 2001
calendar.
COMMISSIONER HENNING:
hunting season?
COMMISSIONER COLETTA:
I believe that I'm gone that day. That's a Wednesday?
That's hunting -- beginning of
No. It's a Wednesday; is that
correct?
MS. FILSON:
calendar.
MR. OLLIFF:
MS. FILSON:
I'm not sure right offhand.
It is on everyone's
It's a Monday.
It's a Monday.
COMMISSIONER COLETTA: Okay. Then I'm fine.
CHAIRMAN CARTER: You can go to the meeting, and then
you can go to the hunting--
COMMISSIONER COLETTA: No, it's not hunting season.
CHAIRMAN CARTER: All right. If that's acceptable with this
commission, I would make a motion that we accept that date and
enter with our counterpart--
COMMISSIONER HENNING: I will second it.
CHAIRMAN CARTER: Okay. I have a motion, and I have a
second by Commissioner Henning. Any discussion? All in favor
signify by saying aye.
(Unanimous response.)
CHAIRMAN CARTER: All opposed by the same sign.
(No response.)
CHAIRMAN CARTER: Motion carries 5-0. Thank you.
COMMISSIONER MAC'KIE: I have discussion --
CHAIRMAN CARTER: I have one other thing, but go ahead.
We will take the rest of them.
COMMISSIONER MAC'KIE: Was there other staff
communication?
MR. OLLIFF: The only other thing is that I just wanted to back
up and make sure that as part of the approval of our legislative
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September 11, 2001
agenda, that it was understood that it was authorizing the chair to
present that legislative agenda to our legislative delegation. When
we have the delegation meeting here, that's traditionally what we've
done.
COMMISSIONER MAC'KIE: Yes.
MR. OLLIFF: We will ask and look to Commissioner Carter to
do that for us.
COMMISSIONER MAC'KIE: And we would appreciate that.
CHAIRMAN CARTER: It will be my pleasure. I will rule the
board.
COMMISSIONER MAC'KIE: Board Communications.
CHAIRMAN CARTER: Board Communications. Mr.
Henning?
COMMISSIONER HENNING: I just happen to be back here
with my colleagues.
CHAIRMAN CARTER: Well, you're smiling a lot. He's a
honeymooner. He's back, you know. Go for it, guy. Commissioner Mac'Kie.
COMMISSIONER MAC'KIE: Just one thing. By way of sort
of a heads up, the farm bill that is making its way through the
congress right now -- it should be being heard at the House of
Representatives today or tomorrow and then it will go to the Senate is
something that could well be a funding opportunity for many of the
ideas that are coming out of the rural lands committee. And I would
just urge people to get informed about the farm bill and, if you agree,
to contact your congressman, Porter Goss, and our state senators
when it gets to them in support of it. It could be extremely valuable
for Collier County. I have spoken to both the environmental types
and the EDC types. And everybody agrees that this will be a real
positive for Collier County. I hope that it passes and that we end up
getting some of the money out of it.
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September 11, 2001
I may bring a resolution before the board for your consideration
to hopefully pass and send on to Congress and the Senate in our
support. This is real money, real dollars for Collier County.
CHAIRMAN CARTER: Thank you, Commissioner Mac'Kie. I
think that's excellent. We will look forward to having that report.
Commissioner Fiala.
COMMISSIONER FIALA: Mine is a little more serious. I just
wanted to say God bless and protect all of those people who are
suffering today in this terrible crisis that is hitting our country.
CHAIRMAN CARTER: I'm sure we all join you in the same
sentiments. Commissioner Coletta.
COMMISSIONER COLETTA: I just want to say that I'm sure
this will be a day that we will never forget.
CHAIRMAN CARTER: I'm sure. I have two things.
One, Commissioner Coletta, I always value your comments,
your passion for the ideas that you have in representing your
constitutents. What troubles me the most is -- and I'm more than
willing to look at this over a long period of program and support
anything you do to make sure that we do the right thing, but I am
disturbed because the message we send to the state legislature when
we go 4-1 is, they ask a question, "Well, what are they against? What
are they not supporting? Is it gas and tax? Gas index -- gas tax
indexing, "whatever it is. That bothers me, frankly, Commissioner.
And, you know, it's your-- it's your call, and what I would have
hoped we could end up 5-0 in support of our legislative agenda.
Because we join with other counties in Southwest Florida in trying to
return the maximum amount of dollars and efforts to this community.
COMMISSIONER COLETTA: I hear you plain and clear,
Dr. Carter, and I do respect the vote of this commission. However,
that's a very sensitive issue. The part that I felt -- and I realize now
it's in passing, and I'm not going to try and bring it up at this point. I
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September 11,2001
just felt we didn't give it a just time to be able to hear it out and bring
people forward next week when we have the opportunity to hear what
they had to say.
Up until this point in time, I have been very supportive --
extremely supportive of the willing-seller program and telling people
all the positives of it. All of a sudden I'm totally disillusioned of
what I heard here today. It will take a lot of talk, and it's going to
take some big Bandaid to be able to fix what I've heard here today
and what I feel.
Regardless of that, I know there's a lot more things we do agree
on, and I'm sure we will go forward on many things. I do support the
legislature agenda. I felt I was shortchanged on that part, but thank
you for bringing that up.
CHAIRMAN CARTER: And I am the first to say to you that
hearing this over a period of time with all people coming here and
expressing it and then really crafting some meaningful -- not in a
rush, not in a panic -- in a year when the legislatures might be much
more attentive than it will be next year -- seem to me the more logical
approach. I know the passion that you have, and I respect your point.
Okay.
COMMISSIONER COLETTA: Thank you.
CHAIRMAN CARTER: The other issue I'm bringing in front
of this commission today is just a point of communication -- and to
me it is probably -- within the total scope of things that are going on
in this country today probably doesn't mean too much, but I did go to
the State Ethics Commission to get a ruling. I got that ruling not for
myself, but for all elected officials that have served in the State of
Florida; whether school board, whether commission, city counsel
people, because they interact with leadership throughout a
community. And they can be members of an economic development
council, a chamber of commerce, your Rotary Club, your Kiwanis
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September 11,2001
Club. They also provide a tremendous amount of executive
leadership in United Way and other social service agencies.
I felt that we needed to get a ruling that said that we were not
having any conflicts of interest by supporting whoever it might be
coming forward with a particular project as long as any one of us
anywhere did not have a financial gain from it, meaning I can't be a
partner with Joe Smith and he comes to the Board of County
Commissioners and says, "I want approval for this land change," and
then I would get direct benefit from that; that was my purpose.
And the State Ethics Commission agreed with that. They said,
"Absolutely. This is a right thing to do." They also went further to
say that because many have working spouses, male or female, they
may be in situations they are employed by -- for example, let's say,
Susan Fargus's husband is a county commissioner. She is not paid by
the individual members of the EDC. She is paid and retained by the
board of directors. The same is for Dr. Jane Carter for an
organization called the President's Forum.
Now, she never did anything to anybody. She is the most ethical
person that I know. She is straightforward. She's honest. And all
she ever tried to do is provide educational service for that
organization under a contract to her consulting company. And
everybody got it. Mike Pellatear-- everyone understood that. But
yet Sunday there was a direct impugnment of her character in the
Naples Daily News by Mr. Lytle; that he has continued that onslaught
since then. He had her in tears yesterday as she was sending wraths
of information to try and answer those questions. Because he said,
"We didn't ask the right questions.
Our legal counsel from Ramiro Manalich went through this for a
year. And if anybody can ask the right questions, I am confident that
Ramiro knows how to ask them. All I would ever say to anybody,
"Read what was sent. "All the questions were there. So that we can
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September 11,2001
clear this for all elected officials in the State of Florida, that's what
our attempt was. And so I'm just saying to everybody out there
today, I'm a commissioner. If anybody and any news media wants to
take me on, wants to debate me, wants to challenge me, I signed up
for that; that's my job. But you have crossed the line with me Mr.
Lytle when you attacked my wife. I just want you to know that, and
people have told me that people buy paper by the tons and barrel by
eight, you don't -- you don't make those statements. Well, I'm
making them because I'm a man of character, and I believe in what I
believe. And so I think he owes her a public apology.
And I thank you commissioners for listening to me and for the
citizens of Collier County. All I want to do is serve as a public
official and do the best I can to the best of my abilities. And
everything else that has been said here in our national crisis, all I can
say is God bless America, God bless the President, and we, the
republic, will go forward and survive.
COMMISSIONER COLETTA: Very well put.
CHAIRMAN CARTER: Any other comments from the board.
COMMISSIONER MAC'KIE: Do you want to hear from
Mr. Storrar?
CHAIRMAN CARTER: Mr. Storrar, I'm sorry. You have an
update for us.
MR. STORRAR: Commissioners, I'm Tom Storrar, your
emergency services administrator. I can give you an update on what
we in emergency management have done since this event has
occurred this morning.
We have been in touch with the nine counties in our emergency
management district. We had a conference call, and I can assure you
that we have open communications with all nine counties.
All nine county emergency management departments are closely
monitoring the events as they transpire. We are taking care of
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September 11, 2001
coordination amongst that. Myself and Ken Pinneau had an hour
with the sheriff and his command staff. I can assure you that the
sheriff has implemented all of his security programs that need to be
implemented. I don't think there is any sense or reason to go into
detail at this time about that, but I can assure you he is taking this
thing very seriously. He will proceed forward with that.
At one o'clock we had a conference call with the State
Emergency Operations Center. The governor has issued an executive
order appointing the Florida Department of Law Enforcement as the
statewide incident commander for this event. And Mr. Craig Fugate,
who is the acting department of Emergency Management Director, at
the state level is the operations officer. They are in full activation,
and they will remain that way for 24 hours a day until the governor
thinks they should stand down. He has been fully briefed. We have
continuous conference calls with the State Emergency Operations
Center.
I have had all the primary emergency support functions that
need to be briefed in the EOC -- as a matter of fact, some of them are
still downstairs. We have briefed them. Another conference call will
take place this afternoon. We have all of our emergency measures in
place.
We are reacting to these events with everything that the county
has, and I can assure you as of this time there are no local threats,
there are no state threats, but we have our ear to the grindstone, and
we are looking for anything and everything.
CHAIRMAN CARTER: Mr. Storrar, I'm sure national efforts
will be made, and we will look for your guidance and direction in
how the State of Florida and this county can help the people who
have been affected in Washington and New York City. I'm sure
blood donations will be one of the things that will be critical on this.
And I think we will all be looking for ways that we can now extend a
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September 11, 2001
helping hand to our fellow Americans in any way, shape, or form.
MR. STORRAR: Yes, sir. And we will be getting information
-- there has been a discussion already -- there has been some
information out on the national media about a blood drive. Ken
Pinneau has been talking with the Red Cross and the appropriate
authorities as far as blood donations, things of that nature.
One thing that we need to be mindful of, I think, in county
government is that we do have several members of our organization
that might be members of a Army Reserve or the National Guard. It
is my understanding if they are not on alert standby, they will be
placed there within the next couple of hours. Folks need to work
with that. We need to surrender those folks up for duty if that's what
they're called to do.
CHAIRMAN CARTER: I agree. We all need to pick up the
slack in their absence.
MR. STORRAR: Yes, sir, and we will.
COMMISSIONER MAC'KIE: The County Manager looked
like he wanted to say something about that.
going to do that?
MR. OLLIFF: Absolutely.
No? We just -- we are
COMMISSIONER MAC'KIE: And I apologize. I can't resist a
little bit of speech making. Today is the day we created the council
for community character. And I think that's going to be noteworthy.
And I think today it needs to come from this commission, from this
state that we call our community to prayer over this event, that we
have community prayer services that -- I know my church is going to
have a prayer service tonight, and that we all commit ourselves to
serious prayer for our country, for our leaders, for the families of
those who are hurt, and for the character of our country that it will
shine through.
CHAIRMAN CARTER: Well stated, Commissioner Mac'Kie.
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September 11,2001
I think we all join you in that -- in those words, and I think that
there's no question that we would do that.
I'm extremely proud, as I have said many times, of the Board of
County Commissioners. You've stayed with it today. It has not been
an easy day. We are all struggling with the emotions of this day.
Thank you and God bless you. As we return to our families,
let's do the best that we probably can.
Item #15A
REGARDING COLLIER COUNTY'S OPPOSITION TO
LOWERING THE SPEED LIMIT AND/OR RESTRICTING THE
USE BY COMMERCIAL VEHICLES ON THE TAMIAMI TRAIL
BETWEEN NAPLES AND MIAMI- STAFF TO PREPARE
RESOLUTION FOR A FUTURE MEETING
The last thing that I have is Item 15-A. Future Agendas we have
presented by Commissioner Coletta.
COMMISSIONER MAC'KIE: I certainly support seeing that on
a future agenda, Commissioner. Is that the --
COMMISSIONER COLETTA:
weeks from now?
COMMISSIONER MAC'KIE:
Future agenda, like, next two
Whenever you are ready.
CHAIRMAN CARTER: Whenever you are ready.
COMMISSIONER COLETTA: I was looking for that in the
time we were directing staff.
CHAIRMAN CARTER: This is it.
COMMISSIONER MAC'KIE: On the speed limit --
COMMISSIONER COLETTA: On what now?
CHAIRMAN CARTER: Resolution regarding Collier County's
opposition to lowering the speed limit?
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September 11,2001
COMMISSIONER COLETTA: Yes. Yes. Very much so. I
appreciate that. We can bring it back. It's not that time sensitive.
CHAIRMAN CARTER: Okay.
COMMISSIONER MAC'KIE: This is a new process for us and
Mr. Dorrill-- Mr. Dorrill --
CHAIRMAN CARTER: It's been a long day.
COMMISSIONER MAC'KIE: Well, hello, honey. Geez.
Yeah, well, I'm fine. We better pray.
MR. OLLIFF: Yes, Commissioner Goodnight.
COMMISSIONER MAC'KIE: This was her chair.
CHAIRMAN CARTER: I don't know who was here. I'm not
going there. Anyhow --
COMMISSIONER MAC'KIE: What I wanted to ask you is,
what is the process of the future agendas? Did we put something on
there that we want to ask the board to agree to have added in the
future?
MR. OLLIFF: Yes. And generally the process that you approve
says that a majority of the board members need to agree to place that
on a future agenda for the board's consideration.
COMMISSIONER MAC'KIE: I agree.
CHAIRMAN CARTER: We all agree. At the request -- it's a
good process. Anytime you have something, you put it there, we
discuss and it comes with future agenda. Time sensitive, it can be
done right away. If not, it may be out several months.
MR. OLLIFF: We do have one speaker on that item. It is A1
Perkins.
CHAIRMAN CARTER: Yeah.
COMMISSIONER MAC'KIE: We have already said we were
going to hear it, Al. Isn't that what you heard? MR. PERKINS: Beg your pardon?
COMMISSIONER MAC'KIE: We have already said that you
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September 11, 2001
are going to hear it.
MR. PERKINS: You are going to hear it. You are going to hear
it right now too.
COMMISSIONER MAC'KIE: Oh, you wouldn't if I was the
chairman.
MR. PERKINS: Just a couple of statements for Commissioner
Carter. A1 Perkins, Belle Meade Groups.
The information that Mr. Coletta was providing about the
Southern Golden Gate Estates, the Belle Meade area, Northern
Golden Gate Estates, I will provide you with 20 years of information
and documentation and videotapes stating just what -- how the State
of Florida and the crooked people that run it have stolen the land
from the people and have depressed the value. And that also includes
Avatar. Okay. I just happen to have all of that information, and I'm
willing to tell everybody -- especially you people at home that vote.
Wake up. You are losing your tax base.
COMMISSIONER FIALA: I vote too.
MR. PERKINS: I hope you vote correctly.
COMMISSIONER FIALA: You bet.
MR. PERKINS: Okay. The U.S. 41 from Naples -- or actually
92, which is off of Marco Island to Crone Avenue is under attack.
Now, if you reduce the speed limit and if you reduce the truck traffic
and if you reduce everything, you are falling right into the -- the trap
that the historic highway society provided to take that road out of
existence. And if you do -- and if they don't -- they are going to take
and transfer to the U.S. Park Service, which will put it under the
auspices of the United Nations Heritage site, meaning they can stop
that road. They can tear it up or do anything they want to. They can
bring troops in there and do anything that they doggone well want.
Now, with that in mind, the lies that have been fed to you by the
State of Florida -- and I've made all the information available to all of
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September 11,2001
you people and to all of the cities that the intent of the Department of
Environmental Protection and The Conservancy, which instigated all
of this stuff, is to grab all of the land from the water's edge of the
Gulf of Mexico to within ten miles of the City of Fort Lauderdale;
that takes out 41 and it also takes out 1-75. It takes out the farmers
and the groves and everybody else.
Now, whether this comes about or not but -- they like the
money, because it's the transactions, the hassle, the fight. The reason
they have to travel from here to there and charge the state. The
amount of money that is being manipulated through the state, they
can't even keep track of it. And I have that documented.
CHAIRMAN CARTER: Mr. Perkins, I have a question. When
that comes to a future agenda, you would be granted public speaking
time on that. I don't understand its place here.
MR. PERKINS: Well, it was on the agenda here because of the
fact that you have considered removing it.
CHAIRMAN CARTER: Whoa. Wait a minute. Wait a minute.
MR. PERKINS: You have moved it.
CHAIRMAN CARTER: We are talking about future agendas.
We have all agreed to hear Mr. Coletta's request.
MR. PERKINS: Right.
CHAIRMAN CARTER: That's the only thing that is here.
MR. PERKINS: Right. Okay. But with this thing, too, you
know, don't get me into the situation with the conduct of the
commissioners, because then you will really upset me.
CHAIRMAN CARTER: We are -- we are not even discussing
that.
MR. PERKINS: But the point being on this thing, it was on the
agenda. It was -- it wasn't in the newspaper. It was on the TV and
everything else. They will make the people aware who are paying
the bills and especially the people that are going to be affected by
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this -- CHAIRMAN CARTER: What was on the agenda, Mr.
Perkins?
MR. PERKINS: Resolution opposing to lower the speed limits
and restrict --
CHAIRMAN CARTER: That is for a future agenda, sir; that
means we have approved putting it there. When it's there I will
entertain your comments. Today I cannot entertain them because it is
not for discussion. It has to be publicly advertised and put there.
And it's a new system that we follow, so all commissioners who are
desirous of putting something in front of the board, came to us
beforehand, and asked this board's agreement to do that.
COMMISSIONER COLETTA: A1 -- Al, if I may, this will give
us a chance to really enforce it; that's why I agreed to it.
MR. PERKINS: There's no problem with that. My big thing
that I have been yapping for years is to let the people out there who
are still working -- can't make these meetings.
CHAIRMAN CARTER: That's a separate topic, Mr. Perkins.
MR. PERKINS: Yeah. But they can't keep up the speed on it.
CHAIRMAN CARTER: I will bring this commission meeting
to a close. I thank you for your participation, Commissioners. We
stand adjoumed.
MR. PERKINS: Thank you very much.
***** Commissioner Mac'Kie moved, seconded by Commissioner
Coletta, and carried 5/0 with the exception of Item #16A6 which was
a 4/0 vote (Commissioner Mac'Kie abstained), that the following
items under the Consent and Summary Agendas be approved and/or
adopted *****
Item #16Al
Page 175
September 11,2001
2002 1NTERLOCAL TOURISM AGREEMENT BETWEEN
COLLIER COUNTY AND THE CITY OF NAPLES REGARDING
THE FOURTH OF JULY FESTIVAL- IN THE AMOUNT OF
$50,000
Item # 16A2- Moved to Item #10I
Item #16A3
RECORDING THE FINAL PLAT OF "MASTERS RESERVE"
AND APPROVAL OF THE STANDARD FORM
CONSTRUCTION AND MAINTENANCE AGREEMENT AND
APPROVAL OF THE AMOUNT OF THE PERFORMANCE
SECURITY - WITH STIPULATIONS
Item #16A4
FINAL ACCEPTANCE OF WATER UTILITY FACILITIES FOR
CRYSTAL LAKE TERRACES AT EAGLE CREEK, PHASE 1
WITH RELEASE OF UTILITIES PERFORMANCE SECURITY IN
THE AMOUNT OF $1,067.30 TO THE PROJECT ENGINEER OR
DEVELOPER'S DESIGNATED AGENT
Item #16A5
APPROVE A BUDGET AMENDMENT TO RECOGNIZE THE
STATE FISCAL YEAR 2002 STATE HOUSING INITIATIVE
PARTNERSHIP (SHIP) ALLOCATION, RECOGNIZE
ADDITIONAL CARRY-FORWARD AND ESTABLISH PROJECT
NUMBERS IN THE AFFORDABLE HOUSING TRUST FUND
Item # 16A6 - Commissoner Mac'Kie abstained
RECORDING THE FINAL PLAT OF "PEBBLEBROOKE LAKES
PHASE 3B"
Page 176
September 11, 2001
Item #16A7
RESOLUTION 2001-316 AUTHORIZING THE DIRECTOR OF
THE CODE ENFORCEMENT DEPARTMENT TO UTILIZE THE
SERVICES OF A COLLECTION AGENCY FOR THE
COLLECTION OF CODE ENFORCEMENT FINES, TO
COMPROMISE AND SETTLE CODE ENFORCEMENT
FINES/LIENS UNDER SPECIFIED CONDITIONS AND NOT
EXCEEDING $15,000.00 TO EXECUTE SETTLEMENT
AGREEMENTS EFFECTUATING SUCH COMPROMISE IN
SETTLEMENT, TO EXECUTE AND RECORD SATISFACTIONS
OF LIEN AND SATISFACTIONS OF JUDGMENT AND TO
PERFORM SUCH ACTS INCIDENTAL TO SETTLEMENT OF
THESE CODE ENFORCEMENT LIEN COLLECTION EFFORTS
Item #16A8
RECORDING THE FINAL PLAT OF "SERAFINA AT TIBURON"
AND APPROVAL OF THE STANDARD FORM
CONSTRUCTION AND MAINTENANCE AGREEMENT AND
APPROVAL OF THE AMOUNT OF THE PERFORMANCE
SECURITY- WITH STIPULATIONS
Item # 16A9
RESOLUTION 2001-317 APPROVING A LETTER AND
NOMINATION FORM TO NOMINATE THE IMMOKALEE
COMMUNITY FOR THE ROUND III EMPOWERMENT ZONE
PROGRAM
Item #16Al0
RESOLUTION 2001-318 GRANTING FINAL ACCEPTANCE OF
THE ROADWAY, DRAINAGE, WATER AND SEWER
Page 177
September 11, 2001
IMPROVEMENTS FOR THE FINAL PLAT OF "CARSON
LAKES"
Item #16Al 1
RESOLUTION 2001-319 GRANTING FINAL ACCEPTANCE OF
THE ROADWAY, DRAINAGE, WATER AND SEWER
IMPROVEMENTS FOR THE FINAL PLAT OF "SAWGRASS OF
NAPLES"
Item #16A12
APPROVE AMENDED SPECIAL EVENT
APPLICATION
Item #16A13
RESOLUTIONS 2001-320 THROUGH 2001-337 ENFORCING
LIENS ON PROPERTIES FOR CODE VIOLATIONS
Item #16A14
APPROVE TOURIST DEVELOPMENT FUNDING FOR A
PARKS AND RECREATION SPECIAL EVENT- COUNTRY
JAM MAY 4-5, 2002
Item #16A15
APPROVE TOURIST DEVELOPMENT FUNDING FOR A
PARKS AND RECREATION SPECIAL EVENT- A LATIN
MUSIC FESTIVAL NOVEMBER 3, 2001 AT THE COLLIER
COUNTY FAIR GROUNDS - IN THE AMOUNT OF $50,000
Item # 16B 1
AGREEMENT BETWEEN THE OCEAN BOULEVARD
PARTNERSHIP, OCEAN BOULEVARD PARTNERSHIP II AND
Page 178
September 11, 2001
COLLIER COUNTY REGARDING MAINTENANCE FOR
STREET LIGHT SYSTEM ON A SEGMENT OF CREEKSIDE
BOULEVARD LYING BETWEEN CREEKSIDE PUD AND US 41
Item #16B2
LEASE AGREEMENT BETWEEN COLLIER COUNTY AND
PELCONCEPTS INC., FOR OFFICE SPACE TO BE UTILIZED
BY THE TRANSPORTATION PLANNING DEPARTMENT-
ANNUAL RENT AMOUNT $41,580.20 WITH MONTHLY
COMMON AREA MAINTENANCE CHARGES OF $775.75
Item #16B3
THE CONSENT TO USE AGREEMENT BETWEEN THE BAY
COLONY COMMUNITY ASSOCIATION AND COLLIER
COUNTY FOR A PORTION OF THE WATER MANAGEMENT
EASEMENT FOR CONSTRUCTION OF A SERVICE ROAD
Item #16B4
AWARD CONSTRUCTION CONTRACT TO THE LOWEST
BIDDER, FLORIDA STATE UNDERGROUND, FOR THE
INTERSECTION IMPROVEMENTS AT RADIO ROAD AND
DAVIS BOULEVARD (SR 84); BID NO. 01-3269 - IN THE
AMOUNT OF $1,286,787.70
Item #16B5
RESOLUTION 2001-338 APPROVING THE EXPENDITURES OF
FUNDS FOR ACTIVITIES AND INCENTIVE PRIZES FOR
CHILDREN ACTIVE IN THE WALK OUR CHILDREN TO
SCHOOL DAY TO BE HELD TUESDAY, OCTOBER 2, 2001 -
Page 179
September 11,2001
AMOUNT NOT TO EXCEED $2,000
Item #16B6
RESOLUTION 2001-339 INITIATING ALTERNATIVE DISPUTE
RESOLUTION PROCEDURES OF BINDING ARBITRATION
AND PRE-SUIT MEDIATION IN COUNTY CONSTRUCTION
CONTRACTS
Item #16B7
APPROVE AMENDMENT NO. 1 TO THE CONTRACT FOR
PROFESSIONAL ENGINEERING SERVICES BY RWA, INC.
FOR GOLDEN GATE PARKWAY SIX-LANING DESIGN FROM
AIRPORT ROAD TO SANTA BARBARA BOULEVARD,
PROJECT NO. 60027
Item # 16B8
APPROVE A BUDGET AMENDMENT FOR SIDEWALK AND
MATERIAL TESTING OF STRUCTURE APPURTENANCES
FOR THE 13TM STREET SW BRIDGE PROJECT
Item #16B9
WAIVE $50 DAILY RIGHT-OF-WAY INSPECTION FEE FOR
INSTALLATION OF FORCE MAIN LINES ALONG
CHOKOLOSKEE CAUSEWAY BY THE CITY OF
EVERGLADES
Item # 16B 10
Page 180
September 11,2001
DONATION AGREEMENT AND ACCEPTANCE OF A
DRAINAGE EASEMENT FROM DOUGLAS W. FOX AND
NANCY SUE EDWARDS
Item #16B 11
PURCHASE ORDER TO THE CITY OF NAPLES AIRPORT
AUTHORITY (NAA) FOR AIRPORT ROAD TURN LANE
SAFETY IMPROVEMENTS
Item # 16B 12
THE TRANSFER OF FUNDS IN THE AMOUNT OF $250,000 TO
THE COLLIER COUNTY AIRPORT AUTHORITY TO ASSIST IN
FUNDING ROADWAY IMPROVEMENTS FOR THE
IMMOKALEE AIRPORT
Item # 16C 1
BUDGET AMENDMENT TO PROVIDE SUFFICIENT FUNDS
FOR THE SEPTEMBER PAYMENT FOR MANDATORY TRASH
COLLECTION SERVICES
Item # 16C2
RESOLUTION 2001-340 IDENTIFYING THE PLEDGED
REVENUES AND AUTHORIZING THE PUBLIC UTILITIES
ADMINISTRATOR TO EXECUTE ANY STATE REVOLVING
FUND LOAN (NO. CS12059715P) AMENDMENTS
Item # 16C3
RESOLUTION 2001-341 SUPPORTING CONTINUED FEDERAL
FUNDING OF COASTAL PROJECTS
Page 181
September 11, 2001
Item # 16C4
WORK ORDER #VB-01-01 WITH VANDERBILT BAY
CONSTRUCTION 1NC. FOR CONSTRUCTION OF AN
ADDITION TO THE ADMINISTRATION BUILDING AT THE
SOUTH COUNTY WATER RECLAMATION FACILITY,
CONTRACT 95-2334, PROJECT 73069- IN THE AMOUNT OF
$115,190
Item #16C5
APPROVE A CHANGE ORDER TO CONTRACT NO. 00-3181,
COLLIER BAY ENTRANCE DREDGING, PROJECT NO. 10258 -
IN THE AMOUNT OF $31,521.59
Item # 16C6
BUDGET AMENDMENT FOR THE NORTH COUNTY WATER
RECLAMATION FACILITY FOR $163,000 TO BE
TRANSFERRED FROM RESERVES TO COVER INCREASED
COSTS FOR CHEMICALS, ELECTRICITY AND WASTEWATER
SLUDGE HAULING
Item #16C7
AMEND PROFESSIONAL SERVICES AGREEMENT FOR
DESIGN AND IMPLEMENTATION OF 30-INCH PARALLEL
SEWER FORCE MAIN ON IMMOKALEE ROAD, CONTRACT
98-2790, PROJECT 73943 WITH GREELEY AND HANSEN FOR
AN ADDITIONAL AMOUNT OF $84,206
Item # 16C8
CONSENT ORDER WITH THE STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Page 182
September 11,2001
REGARDING THE COLLIER COUNTY BEACH RESTORATION
PROJECT
Item #16C9
AWARD BID #01-3249 FOR THE PURCHASE OF ALUMINUM
SULFATE FOR THE WASTEWATER DEPARTMENT'S WATER
RECLAMATION FACILITIES TO GENERAL CHEMICAL- IN
THE AMOUNT OF $55,100 (SOUTH COUNTY) & $100,000
(NORTH COUNTY)
Item # 16C 10
PURCHASE OF SODIUM CHLORITE BASED ON
QUOTATIONS IN EXCESS OF THE $25,000 COMPETITIVE BID
THRESHOLD- SUPPLIED BY VULCAN CHEMICAL
Item # 16C 11
SOLE SOURCE ACQUISITION OF SERVICES FOR DATA
CONVERSION, MODIFICATION DESIGN, AND
'IMPLEMENTATION ASSISTANCE FOR THE NEW
UTILITY/BILLING CUSTOMER SERVICE, WORK ORDER AND
INVENTORY CONTROL SOFTWARE FROM VACCARO
CONSULTING, INC. IN THE ESTIMATED AMOUNT OF $75,000
Item #16C12
PURCHASE OF HERSEY WATER METERS IN EXCESS OF
$25,000 FROM SOLE AUTHORIZED DISTRIBUTOR HUGHES
SUPPLY COMPANY
Item # 16C 13
Page 183
September 11, 2001
APPROVE TOURIST DEVELOPMENT CATEGORY "A"
FUNDING APPLICATIONS FOR FY01/02
Item # 16D 1
APPROVAL OF WORK ORDER NO. WD-045 FOR
INSTALLATION OF VINEYARDS COMMUNITY PARK
EFFLUENT IRRIGATION PROJECT TO KYLE
CONSTRUCTION, INC. IN THE AMOUNT OF $67,500
Item # 16D2
RESOLUTION 2001-342 AUTHORIZING EXPENDITURE OF
FUNDS FOR THE UNITED WAY OF COLLIER COUNTY
CAMPAIGN ACTIVITIES NOT TO EXCEED $1,500
Item #16D3
FLORIDA RECREATION DEVELOPMENT ASSISTANCE
PROGRAM PROJECT GRANT AGREEMENT BETWEEN
COLLIER COUNTY AND STATE OF FLORIDA FOR
IMPROVEMENTS AT AIRPORT PARK IN IMMOKALEE
Item #16D4
PURCHASE AGREEMENT WITH BETTY L. HUTCHISON, TO
ALLOW FOR A WALKWAY, BIKE PATH AND GREEN SPACE
TO BE CONSTRUCTED FOR RECREATIONAL PURPOSES;
APPRAISAL REQUIREMENT WAIVED; AS OUTLINED IN THE
EXECUTIVE SUMMARY
Item # 16D5
Page 184
September 11,2001
AWARD OF BID 01-3242 FOR THE CONSTRUCTION OF
CONCESSIONS BUILDING AT TIGERTAIL BEACH TO
BRADANNA, INC. IN THE AMOUNT OF $427,609
Item # 16D6
NAME CHANGE FOR 951 BOAT RAMP TO COLLIER
BOULEVARD BOATING PARK
Item # 16D7
RECOMMENDATION TO TRANSFER FUNDS FROM ANIMAL
SERVICES OPERATING EXPENSES TO ANIMAL SERVICES
PERSONAL SERVICES AND CREATE CORRESPONDING
COUNTY POSITIONS INCLUDING A VETERINARIAN AND
TWO VETERINARY TECHNICIANS
Item # 16D8
COMMITTEE SHORTLIST SELECTION OF FIRMS FOR
CONTRACT NEGOTIATIONS FOR CONSTRUCTION
MANAGEMENT AT RISK SERVICES FOR NORTH NAPLES
REGIONAL PARK (RFP #01-3189) - 1) KRAFT
CONSTRUCTION 2) W.G.MILLS 3)HEERY INTERNATIONAL
Item # 16D9
ROBERTS RANCH FL DEPARTMENT OF STATE, DIVISION
OF HISTORICAL RESOURCES GRANT
Item # 16D 10
GRANT AGREEMENT ACCEPTING A PUBLIC LIBRARY
CONSTRUCTION GRANT TO ENLARGE THE IMMOKALEE
BRANCH LIBRARY
Page 185
September 11,2001
Item #16E 1
AGREEMENTS TO LICENSE AND IMPLEMENT NEW
FiNANCIAL MANAGEMENT SYSTEM SOLUTION (RFP 00-
3188) WITH SAP PUBLIC SERVICES, INC. AND CEDAR
ENTERPRISE SOLUTIONS, INC. AS OUTLINED IN THE
EXECUTIVE SUMMARY
Item # 16E2
COLLIER COUNTY GOVERNMENT EQUAL EMPLOYMENT
OPPORTUNITY PLAN
Item #16E3
BUDGET AMENDMENT TO THE GROUP HEALTH PLAN IN
THE AMOUNT OF $1,800,000 RECOGNIZING ADDITIONAL
PREMIUM REVENUE AND INCREASING BUDGETED
EXPENDITURES FOR INSURANCE CLAIMS, REiNSURANCE
AND CONSULTANTS FEES THROUGH SEPTEMBER 30, 2001
Item #16E4
AUTHORIZE ACCEPTANCE OF STATE FUNDING FOR
VOTiNG SYSTEMS
Item #16E5
RECOMMENDATION TO ADOPT THE 2002 FISCAL YEAR
PAY AND CLASSIFICATION PLAN, PURSUANT TO SECTION
125.74 (1) (H), FLA. STAT
Item # 16E6
Page 186
September 11,2001
BUDGET AMENDMENT IN FY2001 TO DECREASE RESERVES
AND APPROPRIATE EXPENSES IN THE MOTOR POOL
CAPITAL RECOVERY FUND (522) TO PROVIDE
COLLATERAL FOR EARLY ORDER OF SPECIFIED FY2002
NEW VEHICLE REQUIREMENTS AND TAKE ADVANTAGE
OF EARLY ORDER DISCOUNT INCENTIVES
Item #16E7
MAINTENANCE AGREEMENT FOR SPRINT PROVIDED
SERVICES
Item # 16F 1
RESOLUTION 2001-343 AUTHORIZING THE ACCEPTANCE
OF AN AGREEMENT BETWEEN THE STATE OF FLORIDA,
DEPARTMENT OF COMMUNITY AFFAIRS AND COLLIER
COUNTY FOR FUNDS TO BE USED FOR SHELTER
ENHANCEMENT AT GOLDEN TERRACE AND BIG CYPRESS
ELEMENTARY SCHOOLS AND APPROVE A BUDGET
AMENDMENT TO RECOGNIZE AND APPROPRIATE
REVENUE
Item # 16F2
AGREEMENT BETWEEN COLLIER COUNTY AND DR.
MARTA U. COBURN, MD, FLORIDA DISTRICT TWENTY
MEDICAL EXAMINER FOR COLLIER COUNTY, FLORIDA
DOING BUSINESS AS DISTRICT TWENTY MEDICAL
EXAMINER- IN THE AMOUNT OF $715,200 (ANNUAL)
Item #16F3
Page 187
September 11, 2001
CONTRACT BETWEEN COLLIER COUNTY AND ROBERT
BOYD TOBER, INC., FOR MEDICAL CONSULTING SERVICES
AS MEDICAL DIRECTOR FOR THE EMERGENCY MEDICAL
SERVICES DEPARTMENT- IN THE AMOUNT OF $50,000
(ANNUAL)
Item #16F4
AGREEMENT BETWEEN COLLIER COUNTY AND THE
STATE OF FLORIDA, DEPARTMENT OF COMMUNITY
AFFAIRS FOR THE REVIEW AND UPDATE OF HAZARDOUS
ANALYSES AT DESIGNATED FACILITIES WITHIN COLLIER
COUNTY THAT POSSES EXTREMELY HAZARDOUS
SUBSTANCES AT OR ABOVE THE THRESHOLD PLANNING
QUANTITY
Item # 16F5
BUDGET AMENDMENT TO RECOGNIZE ADDITIONAL
CARRY FORWARD AND APPROPRIATE EXPENDITURES
Item #16F6- Continued to October 23, 2001
RESOLUTION AMENDING THE COLLIER COUNTY
AMBULANCE SERVICE USER FEES
Item # 16G 1
SUMMARY OF CONSENT AND EMERGENCY AGENDA
ITEMS APPROVED BY THE COUNTY MANAGER DURING
THE BOARD'S SCHEDULED RECESS
Item #16Gl(l)
Page 188
September 11,2001
BUDGET AMENDMENT g01-415, g01-416 AND g01-380
Item #16G1(2)
BUDGET AMENDMENT FOR ROOF REPAIR AND PA1NTING
AT SEVERAL COUNTY MUSEUM BUILDINGS - IN THE
AMOUNT OF $50,000
Item #16G1(3)
BUDGET AMENDMENT TO COVER THE COSTS
ASSOCIATED WITH EVENTS AND PROMOTIONS NOT
BUDGETED FOR FY 2001
Item # 16G 1 (4)
RESOLUTION 2001-344 CHANGING THE EFFECTIVE DATE
OF RESOLUTION 2001-313 FROM AUGUST 1, 2001 TO
SEPTEMBER 1, 2001, AS RELATING TO FIRE INSPECTION
FEES
Item # 16G 1 (5)
BUDGET AMENDMENT TO TRANSFER $850,000 TO COVER
THE 10% CONTINGENCY PREVIOUSLY APPROVED FOR THE
BETTER ROADS INC. CONTRACT FOR THE SIX LANING OF
LIVINGSTON ROAD FROM GOLDEN GATE PARKWAY TO
THE COMMUNITY SCHOOL ENTRANCE
Item # 16G 1 (6)
Page 189
September 11, 2001
TOURIST DEVELOPMENT COUNCIL CATEGORY "A" GRANT
APPLICATION FOR CLAM PASS DREDGING AND RELATED
ENGINEERING MONITORING SERVICES AND APPROVE THE
NECESSARY BUDGET AMENDMENT, PROJECT NO. 10268
Item # 16G 1 (7)
RFP #01-3226 "COLLIER COUNTY ELEVATOR
MAINTENANCE REPAIR"- AWARDED TO KONE, INC. IN
THE ESTIMATED ANNUAL AMOUNT OF $35,404.08
Item #16G1(8)
REJECT AWARD OF SURPLUS SEALED BID #SO 1-3225,
SURPLUS SALE OF ECONOMY BALER TO SOLID WASTE
AND RECOVERY SYSTEMS INC., AND AWARD TO ABC
RECYCLERS- THE AMOUNT OF $200 TO BE DEPOSITED TO
THE NAPLES TRANSFER STATION MISCELLANEOUS
REVENUE ACCOUNT
Item #16G1(9)
LIMITED BUILDING AND PARKING LOT SIGNAGE
IMPROVEMENTS TO THE MAIN GOVERNMENT COMPLEX-
AWARDED TO SIGNCRAFT, INC. IN THE AMOUNT OF
$31,243
Item #16Gl(10)
Page 190
September 11, 2001
SELECTION COMMITTEE'S RECOMMENDED SHORT LIST
OF ARCHITECTURAL FIRMS FOR THE ANNUAL
ARCHITECTURAL SERVICES CONTRACT- STAFF TO BEGIN
CONTRACT NEGOTIATIONS WITH EACH OF THE
FOLLOWING FIRMS: (1) BARANY SCHMITT SUMMERS
WEAVER AND PARTNERS, INC. (2) VICTOR J. LATAVISH
ARCHITECT, PA (3) SCHENKEL SHULTZ (4) DISNEY &
ASSOCIATES, ARCHITECTS AND PLANNERS
Item #16Gl(11)
WORK ORDER #VC-01-14 AWARDED TO WM J. VARIAN
CONSTRUCTION COMPANY FOR BLDG. J-1
ADMINISTRATION PARKING LOT- IN THE AMOUNT OF
$68,310
Item #16G1(12)
WAIVE PURCHASING POLICY AND APPROVE MEDTRONIC
PHYSIO-CONTROL AS VENDOR FOR THE PURCHASE OF
THREE (3) ADDITIONAL LIFEPAK 12 ECG MONITORS TO BE
USED WITH THE ADVANCED LIFE SUPPORT (ALS)
PROGRAM- IN THE AMOUNT OF $70,938
Item #16G1(13)
STAFF'S RECOMMENDED SHORT LIST OF CONSULTANTS
FOR THE DESIGN AND CONTRUCTION MANAGEMENT OF
THE VANDERBILT BEACH PARKING GARAGE - (1)
WALKER PARKING CONSULTANTS (2) ARCHITECTURAL
NETWORK, INC. (3) RICH AND ASSOCIATES - STAFF
Page 191
September 11,2001
DIRECTED TO BEGIN CONTRACT NEGOTIATIONS WITH
WALKER PARKING CONSULTANTS
Item # 16G 1 (14)
BUDGET AMENDMENT FOR PAYMENT OF SEVERANCE
PAY AND BENEFITS FOR MARTHA SKINNER, RETIRING
DIRECTOR OF THE SOCIAL SERVICES DEPARTMENT
Item # 16G 1 (15)
MEDIATED SETTLEMENT AGREEMENT AND A
STIPULATED FINAL JUDGEMENT INCORPORATING THE
SAME TERMS AND CONDITIONS AS THE MEDIATED
SETTLEMENT AGREEMENT RELATIVE TO THE
ACQUISITION ON PARCEL NO. 30-T IN THE LAWSUIT
ENTITLED COLLIER COUNTY V. JOHN B. FASSET, TRUSTEE
OF THE ANNE M. FASSETT TRUST DATED 6/5/86, ET AL,
CASE NO. 99-3040-CA
Item # 16G 1 (16)
BUDGET AMENDMENT #01-454, #01-455, #01-456 & #01-459
Item # 16G 1 (17)
BID #01-3245 FOR COPYING OF THE BOARD'S AGENDA TO
"ANOTHER PRINTER" - COST FOR REMAINDER OF FY 01
APPROXIMATELY $5,700 & $42,000 BUDGETED FOR FY02
Item #16G1(18)
Page 192
September 11,2001
BUDGET AMENDMENT RECOGNIZING REVENUE IN THE
COMMUNITY DEVELOPMENT FUND
Item #16G1(19)
BUDGET AMENDMENT #01-460
Item # 16G 1 (20)
WAIVE REQUIREMENTS FOR A FORMAL RFP PROCESS AND
AUTHORIZE WORK ORDER NO. BSSW-00-07 FOR BARANY,
SCMITT, SUMMERS, WEAVER AND PARTNERS INC. TO
DESIGN A GOVERNMENT SERVICE CENTER AT THE NEW
NORTH NAPLES LIBRARY SITE - TOTAL DESIGN FEE
$230,700
Item # 16G 1 (21)
CHANGE ORDER NO. 4 (RFP NO. 98-2857) WITH BARANY,
SCHMITT, WEAVER AND PARTNERS INC., FOR NORTH
NAPLES REGIONAL LIBRARY/ARCHITECTURAL DESIGN
(PROJECT NO. 80529) - IN THE AMOUNT OF $18,900
Item #16G1(22)
WAIVE FORMAL BID PROCESS FOR THE EMERGENCY
PURCHASE OF A BACK-UP BATTERY SYSTEM FOR THE
TAX COLLECTOR AND PROPERTY APPRAISER'S BUILDING
- AWARDED TO NATIONAL POWER CORPORATION IN THE
AMOUNT OF $84,200
Page 193
September 11, 2001
Item # 16G 1 (23)
BID g01-3247, "INSTALLATION OF IRRIGATION AND
LANDSCAPING ON US 41 NORTH, PHASE 1 - AWARDED TO
VALLEY CREST, INC. IN THE AMOUNT OF $474,980.17
Item #16G1(24)
AWARD CONSTRUCTION CONTRACT (BID #01-3255) TO
BONNESS, INC. FOR INTERSECTION IMPROVEMENTS AT
VANDERBILT DRIVE AND WIGGINS PASS ROAD- IN THE
AMOUNT OF $293,883.04
Item # 16G 1 (25)
WORK ORDER AMENDMENT NO. WMBP-FT-00-15-A01 WITH
WILSON MILLER, INC. FOR ADDITIONAL ENVIRONMENTAL
PERMITTING WORK ON THE LELY AREA STORMWATER
IMPROVEMENT PROJECT (PROJECT NO.31101) - IN THE
AMOUNT OF $104,501
Item # 16G 1 (26)
AWARD BID #01-3261 "TROPICANA BOULEVARD
STREETSCAPE IMPROVEMENTS" TO HANNULA
LANDSCAPING, INC.- TOTAL CONTRACT IS $377,630 PLUS
AN ALLOWANCE FOR CONTINGENCIES
Item # 16G 1 (27)
Page 194
September 11, 2001
BUDGET AMENDMENT TO APPROPRIATE THE
MAINTENANCE SERVICE REVENUES FOR
REIMBURSEMENT OF OPERATING EXPENSES
Item #16G1(28)
BUDGET AMENDMENT #01-492 & #01-493
Item # 16G 1 (29)
INDEMNIFY, DEFENSE AND HOLD HARMLESS AGREEMENT
BETWEEN COLLIER COUNTY AND BETTER ROADS, INC.
FOR THE 5K FUN RUN HELD AUGUST 25,2001, ON THE
LIVINGSTON ROAD RIGHT-OF-WAY BETWEEN GOLDEN
GATE PARKWAY AND RADIO ROAD
Item # 16H 1
MINOR AMENDMENT TO TEXT OF DEED OF
CONSERVATION EASEMENT RELATED TO THE
IMMOKALEE REGIONAL AIRPORT WITH INSERTION OF
THE SUBJECT PHRASE INTO THE DEED OF CONSERVATION
EASEMENT FROM COLLIER COUNTY TO THE FLORIDA
FISH AND WILDLIFE CONSERVATION COMMISSION
Item # 16H2
SUPPLEMENTAL GRANT FOR IMPROVEMENTS TO THE T-
HANGER PROJECT AT THE MARCO ISLAND EXECUTIVE
AIRPORT
Item # 16H3
Page 195
September 11, 2001
SUPPLEMENTAL GRANT TO COMPLETE THE T-HANGER
PROJECT AT THE MARCO ISLAND EXECUTIVE AIRPORT
Item # 16H4
RESOLUTION 2001-345 EXECUTING A "MEMORANDUM OF
UNDERSTANDING" RELATED TO THE DELTONA
SETTLEMENT AGREEMENT OF 1982 AND THE MARCO
ISLAND EXECUTIVE AIRPORT
Item # 16H5
SUPPLEMENTAL GRANT FOR IMPROVEMENTS TO THE
PARKING LOT PROJECT AT THE MARCO ISLAND
EXECUTIVE AIRPORT
Item #16H6
RETIRE THE $500,000 TAX EXEMPT COMMERCIAL PAPER
LOAN WITH CANCELLATION OF THE IMMOKALEE APRON
EXPANSION AND T-HANGAR PROJECTS, THE EVERGLADES
LAND ACQUISITION PROJECT AND THE MARCO RUNWAY
RESURFACING PROJECT
Item # 16J 1
CERTIFICATE OF CORRECTION, TO THE TAX ROLLS AS
PRESENTED BY THE PROPERTY APPRAISER'S OFFICE
Item # 16J2
SATISFACTION OF LIENS FOR SERVICES OF THE PUBLIC
DEFENDER
Item # 16J3
Page 196
September 11, 2001
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 197
FOR BOARD ACTION:
BOARD OF COUNTY COMMISSIONERS
MISCELLANEOUS CORRESPONDENCE
Certificate of Correction: NEED MOTION authorizing the Chairman to sign Certificate
of Correction to the tax rolls as presented by the Property Appraiser's Office.
RECOMMEND APPROVAL.
Satisfaction of Lien: NEED MOTION authorizing the Chairman to sign Satisfaction of
Lien for Services of the Public Defender for Case Nos.: 86-675-CFA RECOMMEND
APPROVAL.
MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED:
H:DatafFormat
Clerk of Cou~ts: Submitted for public record, pursuant to Florida Statutes,
Chapter 136.06(1), the disbursements for the Board of County Commissioners for
the period:
1. July 10, 2001 through July 16, 2001.
2. July 13, 2001 through July 19, 2001.
3. July 19, 2001 through July 24, 2001.
4. July 18, 2001 through July 24, 2001.
5. July 25,2001 through July 31,2001.
6. August 1, 2001 through August 7, 2001.
7. August 8, 2001 through August 14, 2001.
8. August 15, 2001 through August 21, 2001.
Districts:
1. South Florida Water Management District: Minutes of June 29, 2001,
Agenda for June 29, 2001, Agenda for August 24, 2001.
2. Collier Soil and Water Conservation District: Agenda for July 11, 2001,
Notice of Meeting for July 11, 2001 and August 15, 2001, Agenda for
August i5, 2001, Minutes of July 11,2001.
3. Golden Gate Fire Control & Rescue District: Agenda for July 11, 2001,
Agenda for August 8, 2001.
Immokalee Water & Sewer District:
Adopted Budget, FY 2001-2002.
C. Minutes~
Rural Lands Area Assessment Oversight Committee: Agenda for June 18,
2001, Minutes of June 6, 2001, Minutes of March 26, 2001, Minutes of
April 23, 2001, Minutes of May 21, 2001.
Pelican Bay MSTBU Advisory Committee: Minutes of May 2, 2001,
Agenda for August 1, 2001, Minutes of July 5, 2001, Agenda for July
12, 2001, Agenda for July 5, 2001, Minutes of June 6, 2001, Budget-In-
Brief (Revised) FY 2002, Budget (Revised) FY 2002.
Hispanic Affairs Advisory Board: Agenda for June 14, 2001, Minutes of
April 26, 2001, Agenda for July 26, 2001.
Environmental Advisory Council: Agenda for August 7, 2001, Agenda
for July 3, 2001, Minutes for July 3, 2001.'
o
Emergency Medical Services Advisory Council: Agenda for July 25,
2001, Minutes of June 27, 2001.
Parks and Recreation Advisory Board: Agenda for June 20, 2001,
Minutes of April 18, 2001, Minutes of May 15, 2001.
Rural Fringe Assessment Area Oversight Committee: Minutes for May
23, 2001, Agenda for July 18, 2001, Minutes of June 27, 2001, Minutes
of May 30, 2001, Agenda for June 27, 2001, Minutes of June 13, 2001,
Agenda for August 8, 2001, Minutes of July 18, 2001.
Radio Road Beautification Advisory Committee: Agenda for June 13,
2001, Minutes of March 12, 2001, Minutes of April 9, 2001, Minutes of
April 13, 2001, Minutes of May 14, 2001, Minutes of June 18, 2001
Isles of Capri Fire/Rescue Advisory Board: Agenda for January 4, 2001,
Agenda for February 1, 2001, Agenda for March 1, 2001, Agenda for
April 5, 2001, Agenda for May 3, 2001, Agenda for May 21, 2001,
Agenda for June 14, 2001, Agenda for January 6, 2000, Agenda for
February 3, 2000, Agenda for March 2, 2000, Agenda for April 6, 2000,
Agenda for May 4, 2000, Agenda for July 6, 2000, Agenda for
September 7, 2000, Agenda for October 5, 2000.
10.
11.
H:Data/Format
Collier County Tourist Development Council: Agenda for June 25,2001.
Coastal Advisory Committee: Agenda for June 27, 2001.
AGENDA
12.
Do
Bayshore/Gateway Triangle Local Redevelopment Advisory Board:
Agenda for July 17, 2001. '
13.
Bhyshore Beautification.Advisory Committee: Agenda for July 11, 2001,
Minutes for June 6, 2001, Minutes of July 11, 2001.
14.
15.
Immokalee Beautification Advisory Committee: Minutes of February 21,
2001, Minutes of March 21, 2001, Minutes of April 11, 2001, Minutes
of May 16, 2001, Agenda for June 20, 2001, Agenda for August 15, '
2001, Minutes of June 20, 2001.
Golden Gate Beautification Advisory Committee: Agenda for August 14,
2001, Minutes of June 12, 2001.
16.
17.
Lely Golf Estates Beautification Advisory Committee: Agenda for July
13, 2001, Minutes of June 8, 2001.
Historical/Archaeological Preservation Board: Minutes from June 15,
2001.
18.
19.
20.
Collier County Contractors' Licensing Board: Agenda for June 20, 2001.
Development Services Advisory Committee: Agenda for July 11, 2001,
Agenda for August 1, 2001.
Library Advisory Board: Al~enda for June 27, 2001, Minutes of May 23,
2001.
21.
22.
Collier County Planning Commission: Agenda for June 2 I, 2001,
Minutes of May 16, 2001, Minutes oflglay 17, 2001, Agenda for July
19, 2001. '
Collier County Airport Authority: Agenda for August 13, 2001, Minutes
of June 11, 2001.
23. 1-75/Golden Gate Interchange Advisory Committee: Agenda for August
9, 2001, Minutes of June 27, 2001.
Other: ~ '
1) Clerk of the Circuit Court: Letter of July 27, 2001 from Constance C. Murray,
General Operations Manager, Finance & Accounting Department RE: Payment of
Publication Notices for Unclaimed Funds.
H:Data/Format
September 11, 2001
Item # 16K 1
CIVIL TRAFFIC INFRACTION HEARING OFFICER GRANT-IN-
AID OF $10,246 FROM THE OFFICE OF THE STATE COURT
ADMINISTRATOR AND AUTHORIZE CHAIRMAN TO SIGN
THE AMENDMENT
Item #16K2
EXPENDITURES OF FUNDS FOR THE PURCHASE AND
UPGRADE OF TELECOMMUNICATIONS EQUIPMENT FROM
AVAYA COMMUNICATIONS, TO INTEGRATE THE NEWLY
PURCHASED BUILDING AT 2373 HORSESHOE DRIVE- IN
THE AMOUNT OF $104,875
Item #16K3
STATE FUNDING FOR VOTER EDUCATION AND POLL-
WORKER RECRUITMENT AND TRAINING - IN THE
AMOUNT OF $83,994.05
Item # 16K4
BUDGET AMENDMENT TO RECOGNIZE CARRYFORWARD
IN THE CONFISCATED PROPERTY TRUST FUND
Item # 16K5
BUDGET AMENDMENT TRANSFERRING FUNDS FROM
GENERAL FUND RESERVES TO THE SHERIFF'S OFFICE
BUDGET
Item # 16L 1
Page 198
September 11,2001
SETTLEMENT IN COLLIER COUNTY V. NATIONAL UNION
INSURANCE COMPANY OF PITTSB UR GH PENNSYLVANIA AND
AIG CLAIMS SER VICES INC., CASE NO. 00-2305-CA, NOW
PENDING IN THE TWENTIETH JUDICIAL CIRCUIT IN AND
FOR COLLIER COUNTY, FLORIDA, FOR $16,000. SAID
SETTLEMENT WAS ARRIVED AT DURING SETTLEMENT
NEGOTIATIONS - AS OUTLINED IN THE EXECUTIVE
SUMMARY
Item #16L2
RESOLUTION 2001-346 AUTHORIZING THE AUTHORITY TO
ISSUE REVENUE BONDS TO BE USED TO FINANCE
MANUFACTURING FACILITIES FOR NAPLES LUMBER AND
SUPPLY COMPANY (NAPLES LUMBER)
Item # 16L3
AUTHORIZE THE COUNTY'S APPLICATION FOR TAX DEEDS
FOR A TOTAL OF 7 COUNTY-OWNED TAX CERTIFICATES,
PURSUANT TO § 197.502(3), FLA. STAT., AND AUTHORIZE
THE FORWARDING OF A NOTICE TO PROCEED WITH TAX
DEED APPLICATIONS TO THE TAX COLLECTOR
Item # 16L4
RESOLUTION 2001-347 FORMALLY ACCEPTING A CERTAIN
PARCEL OF LAND PREVIOUSLY CONVEYED BY THE
FLORIDA DEPARTMENT OF TRANSPORTATION WITHIN
THE UNINCORPORATED AREA OF COLLIER COUNTY
Item # 16L5
Page 199
September 11, 2001
APPROVE THE SETTLEMENT IN KELLY V. COLLIER COUNTY,
PRELITIGATION, BUT AFTER NOTICE OF CLAIM,
PURSUANT TO WHICH THE COUNTY WOULD PAY $15,000
AND ALL CLAIMS AGAINST THE COUNTY WOULD BE
RELEASED, SAID $15,000 SETTLEMENT WAS ARRIVED AT
DURING SETTLEMENT NEGOTIATIONS AND PRIOR TO THE
INSTITUTION OF SUIT
Item #16L6
FINAL JUDGMENT RELATIVE TO THE EASEMENT
ACQUISITION OF PARCEL 349/349T IN THE LAWSUIT
ENTITLED COLLIER COUNTY V. KENNETH CHRISTIE, ET AL,
(GOLDEN GATE BOULEVARD, PROJECT NO. 63041)- STAFF
TO DEPOSIT THE SUM OF $800 INTO THE REGISTRY OF THE
COURT
Item #16L7
RESOLUTION 2001-348 AUTHORIZING THE COLLIER
COUNTY EDUCATIONAL FACILITIES AUTHORITY TO ISSUE
REVENUE BONDS TO BE USED FOR FINANCE
EDUCATIONAL FACILITIES FOR INTERNATIONAL
COLLEGE
Item #16L8
STIPULATED FINAL JUDGMENT AS TO PARCELS 114A AND
114B IN THE LAWSUIT ENTITLED COLLIER COUNTY V.
WILLIAM KRAMER, ETAL, CASE NO. 99-3685-CA (GOLDEN
GATE BOULEVARD)- STAFF TO DEPOSIT $400 INTO THE
REGISTRY OF THE COURT
Item #16L9
Page 200
September 11, 2001
STIPULATED FINAL JUDGMENT RELATIVE TO THE
CONDEMNATION OF PARCEL NO. 99/915 IN THE LAWSUIT
STYLED COLLIER COUNTY V. ANTHONY D 'ANTUONO, ET AL,
CASE NO. 91-3983-CA.- AS OUTLINED IN THE EXECUTIVE
SUMMARY; STAFF TO DEPOSIT THE SUM OF $14,700 INTO
THE REGISTRY OF THE COURT
Item # 16L 10
APPROVE AND EXECUTE A SATISFACTION OF LIEN
ARISING OUT OF AN ORDER IMPOSING FINE/LIEN IN CODE
ENFORCEMENT BOARD CASE ENTITLED BOARD OF
COUNTY COMMISSIONERS V. MARK G. GEA TCHES- IN THE
AMOUNT OF $10,000
Item #16L 11
APPROVE THE SETTLEMENT IN DALY V. DUCHESS
CONDOMINIUM ASSOC., INC., AND BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY,, CASE NO. 99-0131-
CA, NOW PENDING IN THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA, PURSUANT TO
WHICH THE COUNTY WOULD BE DISMISSED WITH
PREJUDICE. SAID $31,100 SETTLEMENT WAS ARRIVED AT
DURING A MEDIATION OF THE MATTER
Item # 16L 12
STIPULATED FINAL JUDGMENT RELATIVE TO THE
CONDEMNATION OF PARCEL NO. 126 IN THE LAWSUIT
STYLED COLLIER COUNTY V. ANTHONY F. JANCIGAR, AS
TRUSTEE, ETAL, CASE NO. 00-0142-CA, PROJECT 60111 -
Page 201
September 11, 2001
STAFF TO DEPOSIT THE SUM OF $2,227 INTO THE
REGISTRY OF THE COURT
Item # 16L 13
AUTHORIZE THE OFFICE OF THE COUNTY ATTORNEY AND
THE RISK MANAGEMENT DEPARTMENT, PURSUANT TO
RESOLUTION NO. 95-632, TO RETAIN AN ATTORNEY/LAW
FIRM TO REPRESENT PARKS AND RECREATION DIRECTOR
MARLA RAMSEY IN HER INDIVIDUAL CAPACITY IN THE
LAWSUIT OF STAUFFER V. COLLIER COUNTY, CASE NO. 01-
3051-CA, IN THE TWENTIETH JUDICIAL CIRCUIT IN AND
FOR COLLIER COUNTY, FLORIDA AND EXEMPT THE
RETENTION OF SAID ATTORNEY/LAW FIRM FROM ANY
REQUIREMENTS FOR FORMAL COMPETITION THAT MAY
BE APPLICABLE-FEE NOT TO EXCEED $175 PER HOUR
Item # 17A
RESOLUTION 2001-349 RE PETITION SNR-2001-AR-997,
COLLIER COUNTY COMMUNITY DEVELOPMENT AND
ENVIRONMENTAL SERVICES, REPRESENTING COLLIER
COUNTY, REQUESTING A STREET NAME CHANGE FOR A
PORTION OF ANTIGUA STREET TO SAMAR LANE,
LOCATED IN ISLES OF CAPRI NO. 3, IN SECTION 32,
TOWNSHIP 51 SOUTH, RANGE 26 EAST
Item # 17B
RESOLUTION 2001-350 RE VA-2001-AR-1138, ARMANDO
PARRA JR. REPRESENTING ANTONIO ALFARO,
REQUESTING A 3.93 FOOT AFTER-THE-FACT VARIANCE
FROM THE REQUIRED 30-FOOT FRONT YARD SETBACK TO
Page 202
September 11, 2001
26.07 FOR PROPERTY LOCATED AT 2272 52ND LANE SW,
FURTHER DESCRIBED AS LOT 2, BLOCK 211, GOLDEN GATE
UNIT 6, IN SECTION 21, TOWNSHIP 49 SOUTH, RANGE 26
EAST, COLLIER COUNTY, FLORIDA
Item #17C
RESOLUTION 2001-351 RE PETITION CCSL-2001-1, ILENE
BARNETT, OF COASTAL ENGINEERING CONSULTANTS
INC., REPRESENTING THE REGISTRY RESORT,
REQUESTING A COASTAL CONSTRUCTION SETBACK L1NE
VARIANCE TO ALLOW CONSTRUCTION OF DUNE
WALKOVERS, DESIGNATED AREAS FOR BEACH
CONCESSION STORAGE, AND PATHWAYS LANDWARD OF
THE BEACH, LOCATED AT THE COLLIER COUNTY CLAM
PASS PARK (SEE EXHIBIT A FOR LEGAL DESCRIPTION),
SECTION 8, TOWNSHIP 49 SOUTH, RANGE 25 EAST,
COLLIER COUNTY, FL
Item # 17D
ORDINANCE 2001-47 AMENDING COLLIER COUNTY
ORDINANCE NO. 72-1, AS AMENDED, WHICH CREATED THE
COLLIER COUNTY LIGHTING DISTRICT BY DELETING
MOON LAKE UNITS 1 AND 2 FROM THE COLLIER COUNTY
LIGHTING DISTRICT; PROVIDING FOR INCLUSION IN CODE
OF LAWS AND ORDINANCES; PROVIDING CONFLICT AND
SEVERABILITY; PROVIDING AN EFFECTIVE DATE
There being no further business for the good of the County, the
meeting was adjourned of the Chair at 2:50 p.m.
Page 203
September 11, 2001
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DISTRICTS UNDER ITS
CONTROL
CHAIRMAN JAMES D. CARTER, Ph.D.
ATTEST,:
D.WiGHff E'?,BROCK, CLERK
Attest ~ to C~t~'s
stratum ~1~.
These minutes approved by the Board on (~z-; ~ 2~o/ , as
presented
or as corrected
TRANSCRIPT PREPARED ON BEHALF OF DONOVAN
COURT REPORTING, INC., BY EMILY C. UNDERWOOD, RPR
Page 204