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BCC Minutes 10/16/2001 W (Coordinating Agencies' Workshop)October 16, 2001 WORKSHOP MEET1NG OF THE BOARD OF COUNTY COMMISSIONERS OCTOBER 16, 2001 LET IT BE REMEMBERED, that the Board of County Commissioners in and for the County of Collier, and also acting as the Board of Zoning Appeals and as the governing board(s) of such special districts as have been created according to law and having conducted business herein, met on this date at 9:15 a.m. In WORKSHOP SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: James D. Carter, Ph.D. VICE-CHAIRMAN: Pamela S. Mac'Kie Jim Coletta Donna Fiala Tom Henning ALSO PRESENT: Tom Olliff, County Manager James Mudd, Deputy County Manager Page 1 Schedule for Coordinating Agencies Workshop October 16~ 2001~ 9 a.m. to 12 p.m. Collier County Board of Commissioners Time Agency I Representative 9:00 - 9:10 am Introduction/ [ames Mudd, Assistant Deputy Manager 7:10 - 9:35 am Municipal Planning Organization Robert Herrington, Manager of the Municipal Planning (MPO) Organization 9:35 - 10:00 am Big Cypress Basin / South Florida Ananta Nath, Senior Supervising Water Management District Engineer at SFWMD (SFWMD) 10:00 - 10:25 am Army Corps of Engineer Kelly Unger, Biologist/Planning Technical Leader with the Army Corps of Engineers 10:30 - 11:00 am Southwest Florida Regional Wayne Daltry, Executive Director Planning Council of the SW Florida Regional Planning Council 11:00 - noon Questions and Public Comments A general organizational overview of their agency, and cite under whose jurisdiction they are created and governed; What their specific responsibilities are, and what their function is as it relates to Collier County Government; An update of current projects that are being accomplished in conjunction with Collier County Government, or that will affect Collier County; What opportunities exist for the County to take better advantage of their agency's resources, and what coordination improvements would their agency suggest improving our relationship. October 16, 2001 CHAIRMAN CARTER: We're live. We are ready, ladies and gentlemen. Thank you for being here for our workshop. This is a meeting with the joint agencies. We've got a very full agenda this morning, and as we do with all our meetings, we'll stand for the pledge of allegiance. (The Pledge of Allegiance was recited in unison.) CHAIRMAN CARTER: We also believe in God we trust. All right, folks, it's 9:15. It's a little early, I guess. Mr. Mudd, this is your meeting. I understand this morning that you were going to be the guiding light here in terms of taking us through the process. MR. MUDD: Yes, sir. Commissioners, for the folks out in-- out in the audience and for the people that are watching on TV, today we're going to have a coordinating agency workshop. I've heard several times in the last year about the municipal planning organization, and Mr. Robert Herrington is here to talk about that particular organization and his part to play in it. We also have a representative from the Big Cypress Basin for the South Florida Water Management District. They're part of our daily lives as far as water restrictions and other things that happen, permitting to Collier County. Clarence Tears, their director of Big Cypress Basin is someplace in the Middle East. I've heard rumors he's in Saudi Arabia. He's in the United Arab Emirates. Last call he might be taking liberty in Bahrain, but he's out there doing his duty to our country. And Ananta Nath, Senior Supervising Engineer from the South Florida Water Management District, is here to talk to us about that organization. Some other -- another agency that impacts our daily lives in Collier County is the Army Corps of Engineers and Kelly Unger, the biologist, planning technical leader for the Army Corpos Page 2 October 16, 2001 from the Jacksonville district is here to talk to us about their role and how they play a part in our lives in Collier County. And last but not least, we have the Southwest Florida Regional Planning Council, Mr. Wayne Daltry who I haven't seen today, but -- but no doubt will be here. Could have been the fog today that delayed his arrival, but he's the executive director of the Southwest Florida Regional Planning Council, and we're going to be talking about that. What we've, basically, asked the participants to give us -- and it's on your -- and it's on your agenda today, and I would ask as you go through and listen to the speakers today that you make sure they answer those questions that are on your agenda and where we've asked them to give us a general organizational overview of their agency, cite what jurisdictions that they have that are created for their organization and what governs them, what specific responsibilities are that their agency has and functions as it relates to Collier County. We've asked them to give us an update on current projects that are being accomplished in conjunction with Collier County Government or which affect us. And then what opportunities exist -- I think this is the most important part -- what opportunities exist for the county to take better advantage of the agency's resources may it be cost share or guidance or technical capabilities so that we can do business in a better way in the future. So without further ado, sir, I'd ask Robert Herrington of the Municipal Planning Organization to start this discussion and workshop. MR. HERRINGTON: Good morning. My name is Bob Herrington. I'm fairly new to the Naples area. I am the new MPO manager. I work under Mr. Feder and Ms. Wolfe in the transportation services division. What I brought this morning is basically a handout that describes the Metropolitan Planning Organization and what its functions are. If there's not enough, I have Page 3 October 16, 2001 extras here. Basically, the Metropolitan Planning Organizations were created by federal legislation in 1974 to ensure that federal funds and state transportation funds were spent on the improvements. They were created for urbanized areas that were over 50,000 people or more in population. The Collier County MPO was created in 1982. Currently our MPO is comprised of five -- all five county commissioners, two representatives from the City of Naples, one from the City of Marco Island, and a nonvoting member who is our FDOT district secretary or his designee. Currently our chairman is Dr. Carter, and that position changes. The chair changes yearly. The MPOs meet monthly, or we try to meet as often as that whenever possible to decide on what and where state -- state and federal transportation dollars are spent and how they're spent in FDOT's or Florida Department of Transportation work program. The original staff of the MPO back in 1982 was one and a half persons. We shared a person with another department. Currently we have my position and four other planners that work to make sure that the funding is equitably brought into the area and to do the localized planning for the regional transportation improvements. Technically, we are county staff, but none of our funding is from ad valorem taxes. Our funding comes through FDOT and through federal highway funds. We are charged with developing many documents and required documents for the area to show where the funding is spent and make sure that it is spent in the correct ways. The first document that we put together is a Unified Planning Work Program. That is basically the MPO's budget which shows what staff will accomplish for the upcoming year. And a certain portion of our workload in this area is done by four consulting teams that we keep onboard to do general consulting planning. Currently we have projects going; two land-use density reduction investigations Page 4 October 16, 2001 that are going on, congestion management system report that is being developed, service volume updates, and Public Transportation Development Plan which will be updated this year. It was originally done three years ago, and it's due for a major update, and we will be hiring a consultant to complete that for us to show us where we need to go in the future with our transit. Under short range transportation planning, concurrency plays a very big role. The Department of Community Affairs enforces the concurrency requirements. The DCA or Department of Community Affairs requires that adopted levels of service are standards on roads. A level of service is basically, we call it LOS -- is described by a grade letter, "A" being the best, "F" being the worst. The level of services determined by comparing the counted traffic volume, and with the LOS table it determines what the road is operating at and when it bears certain traffic volumes. Deficiency is when the LOS exceeds the adopted standards. Basically, responses to the imminent deficiencies are raising the bar changing the minimum of standard D to E. Such examples for local areas, East Tamiami Trail from Four Comers to Davis Boulevard; Goodlette-Frank Road from Golden Gate Parkway to U.S. 41; and Airport Road from Pine Ridge to Golden Gate Parkway. Changing the adopted level of service policy to constrained example -- a good example of that is Vanderbilt Beach Road from U.S. 41 North to Gulf Shore Drive. Each year we have to update our Transportation Improvement Program which is a five-year document, shows the five-year improvements for the local area. And in it it must include the state's five-year work program. Current state projects in this area are the design study on a coordinated traffic signal system; the widening of Collier Boulevard, County Road 951 to the Jolley Bridge; and widening of U.S. 41 North from Myrtle Road to Old U.S. 41. Page 5 October 16, 2001 Future state projects that will be coming up and some of these have started are the widening of U.S. 41 North from Old U.S. 41 to the Lee County line; widening of U.S. 41 East from Rattlesnake Hammock to Collier Boulevard; construction of an interchange at 1-75 at Golden Gate Parkway; construction of a new coordinated traffic signal system. The MPO staff guide the annual adoption of the Unfunded Priorities List which DOT uses to create its new fifth year in its work program. We also help guide the selection of enhancement projects which include bicycle and pedestrian facilities, acquisition of scenic easements, street landscaping, and wildlife crossing structures, tourist information centers, and historic preservation such as the Walking Dredge. The county's Capital Improvement Program for Roads, which is also included in our Transportation Improvement Program, involves the spending of approximately $22 million annually. Completed so far has been the Vanderbilt Beach Road U.S. 41 to Airport. Coming soon would be the widening of Golden Gate Boulevard from County Road 951 to Wilson and eventually construction of Livingston Road from Radio to the Lee County line. Another document that we must put together is the Long Range Transportation Plan which is a 20-year document. It has a 20-year forecast horizon, and it's updated every five years. We currently just underwent our major update, and it was adopted by our MPO board. It's amended as needed. Usually we try to do this on a yearly basis to include any amendments that-- such as development changes and population growth. It includes a needs forecast which begins with population forecast based on population growth projections. And computer traffic simulation model is used to produce future traffic volumes. It includes a financially feasible network which can be built to Page 6 October 16, 2001 serve the population forecast for any given year. It's purchasable with revenues forecast to that year, and projects must appear in the Financially Feasible Network in order to appear in work programs. We also have a transportation systems management and intelligent transportation systems technology. Staff was involved with a feasibility study for the coordinated traffic control system which is ongoing. The estimated cost of that is $11 million, and design of Phase I is under way. And $500,000 of the state's work program is set aside annually for transportation system management projects. We also work with Transportation Demand Management or TDM Techniques. This includes variable work hours trying to get employees -- employers to allow employees to report to work at variable hours to help the congestion on our roadways. Car pool incentives, van pool incentives. We have some major employer problems here with getting employees to work. One of the things I'm going to be pursuing is van-pooling programs and car-pooling programs with these. We're at a point where we don't have the funding to add transit, so I am going to point them in the direction or hopefully show them the ways that we can set up van pool and car- pool programs with them to get their employers -- employees back and forth to work. COMMISSIONER MAC'KIE: My question is, do we have anything like that now, or would that be a brand-new program? MR. HERRINGTON: This is a brand-new program as far as I know. We're getting just about weekly requests from hotels, resorts and that -- needing to get folks out of the Immokalee area and various areas in Collier County, and I'm going to be meeting with some of the employers trying to push the car-van pooling program which is -- it's an incentive for the employees to come to work, and it's also a benefit to the employers. COMMISSIONER COLETTA: Just one point, Immokalee Page 7 October 16, 2001 Road and the school teachers that go to Immokalee, they're very interested in forming some sort of car pool where they can pool at different areas within the urban area and be picked up by a bus to go to Immokalee-- MR. HERRINGTON: Uh-huh. COMMISSIONER COLETTA: -- and there'll be meetings taking place in the future on that. MR. HERRINGTON: Right. We have-- in fact, we've had discussions of that, not nothing major yet, but it has been brought up, and I would like to get together with the folks, and I hope to work with you, Commissioner, to get the names of the folks we need to pull together and see if we can get something set up with them. CHAIRMAN CARTER: I would also recommend that if you haven't you work with the Chamber of Commerce and EDC on this. I'm sure they have transportation committees or groups that can assist you in that, Bob. I think this would be a beautiful initiative, and I also wouldn't overlook some of the major homeowner groups like the Second District and perhaps the East Naples Civic Association where some of these large communities -- and I've heard this in the past -- were interested. And I know, Norman, we had one gentleman up in North Naples bring this forward where we might be of assistance in getting some of the pooling off to shopping centers or to buses where we could relieve some of the more senior traffic on the road. So I think we've got some great opportunities. MR. HERRINGTON: Exactly. As I say, being the new kid on the block, still have an outreach program of my own going on trying to meet the folks that I need to talk to. Where I came from we had a very strong car-pooling and van-pooling program. It was very productive. We -- the county government served as the guinea pig, if you will, and began the program, and out of 1,500 employees, we had Page 8 October 16, 2001 close to 600 in car pools and van pools, and we were also running van pools from -- from one county to the next because we found out a lot of our employees out of Manatee County were working or living in Hillsborough County. So you can start it out as small as you'd like and make it grow as big as you'd like. But I hope to be -- that's one of the things that I hope to promote in this area to try to ease up some of the congestion on the roadways and to alleviate some of the need. I know we have a transit agency started, but we're small right now and with funding the way it is that maybe we can help out with the van-pool programs. CHAIRMAN CARTER: Maybe a counterpart in Lee can be of assistance -- MR. HERRINGTON: For sure. CHAIRMAN CARTER: -- on transportation because we often -- look at Interstate 75 any morning you see the traffic coming down there, you know there might be some great advantage. MR. HERRINGTON: Well, I look at -- I look at the backup every morning at the Immokalee Road exit and all the traffic sitting on the interstate and think to myself, if we had a car-pooling lot or van pooling lot, a lot of those cars could be sitting in that parking lot, and these folks could be in one vehicle. We have a poster -- I had a poster where I came from that showed the -- the -- the idea to what it really is. We showed, I think it was approximately 100 people standing in the street. Then we showed them 100 cars on the roadway. Then we showed them on buses, and we had six buses that were carrying the same amount of people, and it shows that if you can get these folks together you can alleviate the traffic problems in a lot of the areas. So it's one of the things we'll be working with. CHAIRMAN CARTER: Great. MR. HERRINGTON: The -- our MPO here also works with non-motorized transportation such as the bicycle pedestrian Page 9 October 16, 2001 programs. We also have maintained the comprehensive pathway plan for Collier County, and we also program the improvements for cyclists and pedestrians. We have a pathway advisory committee that's made up of citizens and constituents of the elected officials throughout Collier County, City of Naples, City of-- and Marco Island. They meet monthly on the third or fourth Friday. I'm not sure of the date. We just rearranged that schedule, but -- and they come forward with their thoughts and ideas from the various areas for bikeways and sidewalks and such, and we bring those in turn to the MPO board for their final recommendation and approval, and it's worked out very well. They do come up with some great ideas, and they make sure that there's facilities out there for the -- for the walkers and the bikers, so we look forward to continue working with these folks. CHAIRMAN CARTER: Bob, is there any opportunity to work with communities that have their own MSTUs that may jointly work with you we could leverage funding in some areas? MR. HERRINGTON: What we do is try to reach -- get in touch with these folks and have them come to our pathway group meetings and to our citizens group meetings so that we hear what they have to say. We want to make sure that everybody that is in the area is involved. With our citizens groups, we've had problems with getting different areas involved, and I'm going to be approaching a lot of-- well, all of the elected officials for your help in reaching out to some of these folks to try to get them involved. Commissioner Coletta will tell you I've already been banging on his door, and he's -- he's helped immensely in working with the Immokalee folks, and we hope to have somebody on board soon with them. COMMISSIONER FIALA: I'd just like to add, too, one of the places we've identified in East Naples is Naples Manor. We have about 1,400 homes in there, school right at the end of the street, and Page 10 October 16, 2001 yet there are no sidewalks in the area, and the streets are very narrow, lots of children in the area, and everybody's walking. So I've spoken to Bob about what we can do about that particular area. CHAIRMAN CARTER: Well, I can give you three real quick; Naples Park, Palm River, and I think it's currently Commissioner Coletta's territory, is Willoughby Acres. Those are three older communities that I know got a real problem in these areas. COMMISSIONER FIALA: And the Gateway Triangle too. COMMISSIONER MAC'KIE: I was going to wait my mm. CHAIRMAN CARTER: So I think we could give you a big list to work with, Bob, and get the community leadership there to begin to have those discussions, because often they find resistance in their own communities that people don't want to tax themselves, they say, "Why should I," but if they saw a leveraging effect or some way to hook up in a program where they'll get a bigger boost for this, I think that we might help them in initiating those programs and getting the services quicker than waiting on a list that eventually gets to you. But if you want to speed it up and get it happening in a shorter period of time. MR. HERRINGTON: Well, I'd be glad to work with these folks. COMMISSIONER COLETTA: Bob, one question. I know we already went by the concurrency. What about the 5 percent loss rule? How do we change that? MR. HERRINGTON: The 5 percent? I can't really speak to it myself. Maybe Mr. Feder would like to jump in. MR. FEDER: Commissioner, we're working with that on the update of the Land Development Code in the book and management plan to make sure that the way we look at that is -- is appropriate. We're also updating the level of service tables. We're going to try to take those out of the Comprehensive Plan directly, note them by Page 11 October 16, 2001 reference and; therefore, allow the reasonable update as needed by action of the board as opposed to requiring the comp plan be updated. COMMISSIONER COLETTA: If they did that ten years ago, we wouldn't have the problem we have today. MR. FEDER: I wouldn't have to review projects based on a Level Service B when it's operating at E today, that's correct. CHAIRMAN CARTER: Just another -- another reason why we need the road referendum to get caught up and deal with those issues so that we can improve the level of service, and you can't do it unless you've got the mechanisms there to deliver the product. MR. FEDER: Yes. MR. HERRINGTON: Continuing on, in our non-motorized transportation, the improvements that are brought forth in this area are funded usually by approximately $450,000 from the county general revenue funds and $500,000 from the state work program, just to let you know where some of the funding comes from. Our public transportation program, originally we put together a public transportation development plan which was approved by the county board and has worked with the MPO. It was adopted in June of '99. We're currently in the process of having that updated. They're going to -- will probably be working with the Center for Urban Transportation Research out of the University of South Florida. They're very geared in the transit development plan process. We've been in discussions with these folks, and they're ready to jump on and update our transit plan. What the -- what the transit plan will do is bring to you some thoughts and ideas that you may want to consider for the future of your transit in this area. I know we're in the -- in the birth stages of the program right now, but from what I'm seeing with the ridership counts and -- that it was something that was needed, and it's proving itself. Land-use connection with transportation issues in the area. Staff Page 12 October 16, 2001 has been involved with the investigations into the future transportation network of different density and reduction proposals. Where does the money come from for these improvements, for any transportation improvements? The federal gas tax, it's 18 cents per gallon as you-all know. For every dollar sent to Washington, only 86 cents comes back making Florida, of course, a donor state. The money is spent in FDOT's work program, and it pays for the MPO's operating budget also. We also have state gas taxes which pay for the FDOT expenses and the FDOT work program. The county gas taxes. CHAIRMAN CARTER: Before you go to that, as A1 Perkins would say, "Everybody listen up to those numbers." Fourth largest state in the nation gets 86 cents back on every dollar sent to Washington. This is an issue with your senators and your congressmen, and if you don't write these people and complain about it, you're sitting there being a victim. So we have pounded on this forever and ever. And one more time, get on those e-mails, get out those word processors, whatever you have you need to do today, you want to have a happy day and make your congressman's day, send them a letter on this issue. MR. FEDER: Mr. Chairman, if I could, just to highlight that right now the federal bill, which is a five-year bill typically, is up for reannounce. Right now it's called T-21. It was IT-21. The next iteration is up for discussion right now and it's a very important time that we make sure that our elected folks in Washington know how important it is that those dollars come back. CHAIRMAN CARTER: Well, maybe Katie can put up Congressman Goss's e-mail and address and our Senators Nelson and Graham and get those off and see what we can do about this. This is a good time to let them know how important it is, and if they hear from the constituency they'll do something about it. Page 13 October 16, 2001 COMMISSIONER MAC'KIE: And, Mr. Chairman, maybe on our behalf you'd write a letter to our congressman too. CHAIRMAN CARTER: I would be happy to do that, and I see Mr. Eric Stats and the Naples Daily News here today. I hope that he would make a plug in the newspaper about how important this issue is and let us do that. I see Wayne Daltry here and maybe the Southwest Florida Planning Council will make a pitch. MR. HERRINGTON: Also collected for transportation improvements in this area are road impact fees which you know must be spent near or where it is collected. Another program that your MPO here oversees is the Transportation Disadvantaged Program of which Commissioner Fiala is the chairman of our local coordinating board. Transportation Disadvantaged means they're either elderly, physically or mentally disabled, and economically disadvantaged citizens of Collier County. The fares that pay for these trips are paid from client agencies who -- representative agencies of the clients and a small co-pay from the passengers. The program is subsidized from a variety of sources, including grants for state and federal Medicaid and from the county general fund itself. This program is managed by the CTC or the Community Transportation Coordinator. Currently the county is a CTC, and it's handled usually through your public transportation manager. The actual trip dispatching, though, is done by a contractor under the name of Intelitran who is under contract with the county. Oversight is provided by the local coordinating board, again, and is made up of citizens representative of state and federal agencies and staffed by the Southwest Florida Regional Planning Council, Mr. Daltry's staff. Public participation in the road improvement program in the MPO process is something we're trying to better and to get up to speed with to make sure that we're representing everybody in the Page 14 October 16, 2001 area. We have various advisory committees of our MPO. The technical advisory committee is made up of your staff and of the agencies that are represented on that board. We have a Citizens Advisory Committee that's made up of citizens that serve from each of your districts, and we have also two representatives -- or we have representatives from City of Naples and City of Marco Island. A pathway advisory committee oversees our pathway and bicycle program. It, again, is made up of citizens representing all areas of Collier County. We have a community traffic safety team which is made up of representatives in the safety and enforcement in education field. It is also staffed by the Regional Planning Council and then, again, the local coordinating board for Transportation Disadvantaged. The MPO has a web site that is up and running. The title for it is listed on your paperwork there. Our interagency ties, we participate with the following groups: We work with the statewide MPOAC or Metropolitan Planning Organization Advisory Committee. Your representative to that currently is Commissioner Coletta. They meet quarterly, and we will be meeting October 25th in Orlando. It's made up of two committees, the governing board which is the elected officials from each of the areas and the staff directors which I serve on. Commissioner Coletta and I will be attending that meeting in October. We also are working with the Coordinated Florida Aviation System Planning Process, and they meet to discuss statewide aviation planning issues. Locally we have what is called the Coordinated Urban Transportation Studies or CUTS group which is made up of all of the MPOs in District 1 and FDOT District 1 staff. We discuss the common issues to make sure that coordination does take place among Page 15 October 16, 2001 the transporation planning throughout the counties in District 1. Other activities that we are working with is Corridor Management Entity, which is basically the scenic highway group overseeing the scenic highway program of U.S. 41 East. We are also working with the land development codes and pedestrian friendly design. We have developed a neighborhood traffic management program which looks at traffic calming for established neighborhoods that are impacted by traffic that cuts through those areas. And also we make recommendations for amendments to transportation element of the Growth Management Plan to make sure consistency continues between it and the long range transportation plan and the transportation improvement program for the area. Some of the future activities we'll be working on and are currently under -- some of them are currently under way -- is the study of the mobility needs in Immokalee. It's an ongoing process. We had a public meeting there approximately two or three months ago to just get citizen's input. We took them basically maps of Immokalee and asked them what they wanted to see and let them take out marking pens and pencils and mark what they felt their needs were right on the map. These were then take -- brought back to staff, and we passed them on to the consultant that's doing this, and we'll be coming up with a final report in the future for that study. Also there is a traffic circulation needs in the Golden Gate Estates area that's ongoing. They have been meeting with these folks, and they will in the future also be coming forward with a final report on that. We monitor closely the public transportation operations plan to make sure -- like I say, we're kind of in the birth stage with our transit in this area, but we want to make sure that we're getting full potential out of this and that it is -- it's being run efficiently. And we'll be, again, updating the transit development plan in the near future to look Page 16 October 16, 2001 at what we need to look at for this area in the future. And, again, the long range transportation plan was just adopted by our MPO board, and it moved the horizon year out to the year 2025. It revisited land-use assumptions, recalculated the improvement costs, and considered the needs for cost of grade- separated interchanges in Collier County. Basically, to wind up, we work very closely with the citizens and the elected groups and the governments in this area to make sure that we are getting input for the future in transportation needs for Collier County area from everyone involved. We want to make sure that we get the public involved. We're -- we've run into some problems of getting quorums at meetings and such, and we're doing everything we can to get out to the neighborhoods and areas that haven't been involved, what we call the underserved, to make sure that they are involved. And, in fact, we met with the Immokalee group the other day, and one of their suggestions was what would we think of rotating meetings, basically a traveling road show, and it's something that I feel if that's what it takes we'll do it. We're going to start holding meetings in Everglades City, in Immokalee, and in various areas to make sure that the citizens -- we're going to them. We've waited and waited and waited for years, and they don't want to be involved. We want them to be involved, and if we can show them that their voice will be heard, I think we can make sure that they will be involved, but we've got to put forth some effort also. So I will be meeting, again, as I say, with all of the elected officials to get names and addresses of folks they think I need to get with to me, and I will be doing everything possible that our staff can do to get out and meet with these folks and make sure that they became involved in the transportation planning process. I'd gladly take any questions. Page 17 October 16, 2001 CHAIRMAN CARTER: Commissioner Henning. COMMISSIONER HENNING: Robert, on the unified work plan, first item on there is, "Two land use density reduction investigations." What's that all about? MR. HERRINGTON: Basically, we're working with our transportation division in looking at the land use, how it's used and make sure that we are consistent with what's being done with land use to make sure transportation is being consistent with what's happening with the land use in the future. COMMISSIONER HENNING: You mean what's on the ground or -- MR. HERRINGTON: What's on the ground and what is in the future. We, basically, look at future populations, and that's how we develop our long-range transportation plans. COMMISSIONER HENNING: So it has nothing to do with density reduction; it's just -- MR. HERRINGTON: It -- discussions have taken place from what I understand in this area. Where those discussions have gone, I'm not sure. Maybe Mr. Feder could speak to them or Ms. Wolfe from the planning division. COMMISSIONER HENNING: I know the previous board was looking at density reduction within the urban area, and I don't know if that's a part of it or not. MS. WOLFE: Dawn Wolfe, Transportation Planning Director. In the past several years, there have been evaluations conducted regarding reductions in land-use densities to determine what their impacts would be to our long-range transportation needs. The scenarios which have been looked at were included in the 2025 long- range plan update recently. There was a significant reduction of that 25-year buildout, so it was reflected in our long-range plan. The original buildout for 2025 was over $500,000. The current Page 18 October 16, 2001 long-range plan looks at the buildout to the year 2025 to 453,000, so we are looking at the changes in our densities as well as the issues with the rural land assessments which don't permit at this point in time an intensification of the lands out in the rural areas. So those former evaluations have been incorporated, and we continue to look at what the implications are to rezonings and changing development patterns on an annual basis and under our major update. COMMISSIONER HENNING: That is great that we are planning for the true needs in Collier County with our transportation. COMMISSIONER FIALA: You opened up -- you opened up a good subject. As -- as you were speaking about it, I was wondering, Tom, do you think you could ever schedule some kind of a workshop or something where all of us commissioners can talk together about this as well as have presentation, because we're well aware that they -- they -- the less density we have the more urban sprawl we create. We also drive up the prices for homes, and it limits us as far as affordable housing goes for the future, and we have to think about those things. So I was wondering if we could ever sit down. I mean, being that Tom brought the subject up, and it's a great subject, I'll just expand on it and see if we couldn't talk about it. COMMISSIONER HENNING: Well, what's wrong with talking about it right now? CHAIRMAN CARTER: Well, I don't know-- and because this is a meeting which I think you're correct, Commissioner Fiala, we have to address, but it's being addressed in several parts of our workshops. First of all, if you increase urban density which seems to be part of the direction if you look out at land use, you can't -- if you decrease it in the urban areas, you sprawl. You have to put people somewhere. So I think it's a look at the total -- total picture of this, and this is one piece, but I think I'm hearing collectively that if you -- Page 19 October 16, 2001 we will have to eventually have to focus on this when we get down to decisions on rural fringe, rural areas, and that's a big piece that falls into this. You begin to look at your MPO process, you look at all of these together and you say, what does it mean at the end of the day? You have in-fill pieces and if you increase density, how does that affect affordable housing? There are areas where if you could increase the densities in certain pieces of land, you would open up new opportunities for affordable housing which we talked about in the joint meeting yesterday. These are all issues that when brought together you need to spend a lot of time looking at that because they all interlock, and then there's a cause-and-effect relationship. As Commissioner Henning and Commissioner Fiala are -- are touching upon this morning -- and I think as we hear the other aspects of what's going on in the agencies that affect us, we then maybe come back under -- and I don't know what you would title it, Tom, what kind of workshop -- we could begin to figure out how we address all of that together, and I don't know what the timing would need to be. COMMISSIONER MAC'KIE: When's the concurrency workshop? Isn't there an AUIR concurrency workshop coming up soon? MR. OLLIFF: There is. It's currently scheduled for the end of this month, October 30th. COMMISSIONER MAC'KIE: No. No. That sounds to me like a -- the transportation section of the concurrency workshop. CHAIRMAN CARTER: Maybe a window of opportunity. MR. OLLIFF: Most of these workshops that we've had so far have been educational in nature, but I do see now that there's probably an opportunity either through strategic planning or through some separate workshops that have a whole lot less information being provided and a whole lot more discussion now with the board to take some of the information that we've got, and now we know what the Page 20 October 16, 2001 issues are facing the community, and I'm going to be looking to the board to be directing us in terms of developing where are the policy directions you want to see us going now. And I think you've got all the tools over the course of the last year in your toolbox, and then we can sit down and figure out where it is this board wants to see us move. COMMISSIONER FIALA: I'm glad you said that about discussion. I'd love to say to Tom, "So how do you feel about this?" I can't even talk to him. So the only time we can do something like that is to sit down and -- and actually have discussion. Maybe less information now and more discussion. MR. OLLIFF: We will do that. CHAIRMAN CARTER: Okay. MR. MUDD: If you -- if you don't have any other questions for Robert Herrington, our next speaker will be Ananta Nath representing the Big Cypress Basin and the South Florida Water Management District. CHAIRMAN CARTER: As we leave Mr. Herrington, I would like publicly congratulate him on the manual that he has put together, the orientation manual, if you please. And if you ever want to know everything about how an MPO operates, all you have to do is go through this book, and right there in that book it'll tell you everything you want to know. But thank you, Bob, for an excellent job of updating and pulling the pieces together. MR. HERRINGTON: Also, I have copies of that available for anybody here that doesn't have one. Mr. Olliff, I don't think that we've gotten you one yet. I'm going to make sure its updated before I send it to you, though. Thank you. COMMISSIONER COLETTA: Thank you for your outreach to the rural parts of Collier County. MR. OLLIFF: As they're coming onboard, I do want to take a Page 21 October 16, 2001 moment just to say hats off to Mr. Herrington. I think he's going to be a tremendous asset to our MPO and probably will be one of the better MPO coordinators and directors that we've ever had here. We're really encouraged by what we've seen. MR. HERRINGTON: I will try to live up to that. COMMISSIONER FIALA: You will. We know it. MR. MUDD: Ananta Nath. MR. NATH: Good morning. My name is Ananta Nath, and I am a senior engineer with chart for the Water Management District Big Cypress Basin office here in Naples. And this morning I will try to give a small presentation on the organizational overview of projects and coordination that we do with Collier County, because we are pretty much an offshoot of the water management activities of Collier County. COMMISSIONER FIALA: How come that picture isn't showing? MR. NATH: I provided-- I wanted to do this in the computer here, but I made a little changes after I sent it to Mr. Mudd, so I'm going to be doing it here. Is it okay? COMMISSIONER FIALA: Sure. MR. NATH: Because what I had-- what I have here is a little chip. I made some changes in the last two slides. MR. MUDD: It's okay. Let's put it on, and the last two slides we can do on ELMO. It would help a little bit if we plugged it in. COMMISSIONER MAC'KIE: You get your engineering degree from where was that? MR. MUDD: I'm pushing all the right buttons, and I'm getting nothing. What's going on? COMMISSIONER HENNING: Don't feel bad, Jim, I sometimes do the same thing. Page 22 October 16, 2001 MR. MUDD: Well, it's okay. I didn't take the ballping hammer out. That's the good news. COMMISSIONER HENNING: We have a former commissioner who knows all about laptops and how they bounce. COMMISSIONER MAC'KIE: I figure I'm going to drop this laptop before I'm out of here, you know. God forbid. COMMISSIONER COLETTA: Hopefully we'll have a backup so we can prove to somebody that you were innocent. COMMISSIONER MAC'KIE: I promise to bring it in whether it's crushed or not. COMMISSIONER COLETTA: While we're waiting can you give us an update on Clarence Tears and how he's doing over wherever he is? MR. NATH: Okay. Clarence is engineer unit, and of course he -- part weeks every year on his reserve duty, assignment long before September 11 on Air Force Reserve civil of his duty he needs to go three and he was scheduled for this , so -- and he's somewhere in Kuwait assigned on a destroyer to the no-fly zone monitoring, and then if everything goes okay, he should be back on 22nd, but you never know. COMMISSIONER COLETTA: Yeah. For our listening audience, Clarence Tears is the director of Big Cypress Basin, and he's a sergeant in the U.S. Army Air Force Reserves. He's over there, we believe, in Saudi Arabia. COMMISSIONER FIALA: Or Kuwait. COMMISSIONER COLETTA: That's a secret now. MR. NATH: We don't know because I just communicate with him by e-mail only. CHAIRMAN CARTER: Let's say he's moving around. MR. NATH: Okay. Okay. We are -- the Big Cypress Basin unit of South Florida Water Management District. Who we are and Page 23 October 16, 2001 what we do. The Big Cypress Basin is one of the two units of the South Florida Water Management Districts; it's one of two basins. One is Okeechobee Basin, and the second one is the Big Cypress Basin, and it was created by the Florida legislature under Chapter 373 of the Florida Statute by 1976 legislature, and it covers all of Collier County and just a tiny part of Monroe County that's in Everglades National Park. A five-member basin board that's appointed by the governor sets policies, plans, and implements projects to achieve its missions on flood protection, water supply, water quality, and environmental enhancement. And presently we operate and maintain 163 miles of primary canals in Collier County that showed in that map there. All the major canals of the Golden Gate System then also the canal sides, Immokalee Canal, 1-75, Airport Road, County Road 951, for total of 163 miles. And we have 44 water control structures that we operate and maintain under an agreement with Collier County. MR. OLLIFF: Let me get you to -- to help us as we go along here. Why don't you explain either between you or John how it was decided or how the distinction is between what is a major canal managed by Big Cypress, and then what are the canals that are managed by the county. MR. BOLDT: Just, basically, it's the major minor systems. They have the larger arterials, and we have the collectors. Originally it was a cubic-feet-per-second limitation placed on it, but I think we've modified that over the years and we're looking even in the future maybe there are some major canals out there under county control that ought to be in this so-called primary system, so it's sort of arbitrary at this point in time. MR. OLLIFF: I also want for the board to understand just how this system sort of overlaps each other in terms of agencies. Beyond John, then, there's also a drainage system of roadside swales and Page 24 October 16, 2001 ditches which is not part of John or the Big Cypress, and that is then managed under our road and bridge department. So when you talk about drainage and drainage systems that all have to coordinate together, there's actually three different agencies what are managing what is the drainage system in Collier County. COMMISSIONER MAC'KIE: I will bequeath my -- my magic marker colored map that's behind the door in my office. COMMISSIONER FIALA: I'll take it. COMMISSIONER MAC'KIE: You got it. It has colored magic marker telling you which canals are maintained by which agency. That was the only way I could get it. MR. NATH: Okay. In addition to that, there is a parcel system maintained by the homeowners association or the developments. Some of those that are coming to us as secondary or the primary system. MR. DALTRY: May I ask a question? MR. NATH: Sure. MR. DALTRY: There are structures to the east along 1-75 and U.S. 41 that actually control a lot of water and its management and its flow and its direction. Who maintains that? MR. NATH: 1-75 ditch-- CHAIRMAN CARTER: For the record, Wayne, you need to identify -- MR. DALTRY: I'm sorry. Apologize. CHAIRMAN CARTER: For the record, Wayne Daltry. MR. NATH: 1-75 is maintained, which is maintained by Florida DOT. COMMISSIONER FIALA: Oh, another player enters. COMMISSIONER MAC'KIE: About five layers. MR. NATH: Of course, there's also 1-75 ditch North, South 1-75 ditch between Golden Gate Main Canal, and Immokalee Road that Page 25 October 16, 2001 we maintain. So it's -- COMMISSIONER HENNING: Government at its best. MR. DALTRY: I have one more. Do the Seminoles have some water management going on in the northeast comer of Collier County and the Water Management District proper? MR. NATH: There is another whole segment between East Collier County and North Hendry County that's some are maintained by the tribes, and then of course they eventually connect to the center and South Florida environmental system. Okay. Basically our programs at this time are -- the first one is basin works acquisition and administration; that's we can interlocal agreement with the county that we operate and maintain those. Then we do monitor the water levels, rainfall flows all throughout the county. There's a very agressive program on that. We cooperate that with the county. Then long range and short-term water management planning, that we do -- we have a staff here of three engineers, two engineering technicians, and we coordinate with the districts planning organization to assist us on those. Then we do have the operation and maintenance program where, you know, day-to-day operation of keeping the conveyance capacity of the canals, taking care of the weeds, maintaining the water infrastructures for their big conveyance capacity. Then another important program is the capital improvement and construction program, because over the years the system that was -- that we have now it was not basically, you know, aimed for flood control but was just developed ditch and drain concept drainage system and does not have the level of service required for plant protection, so we are slowly improving those. And then also at the same time to reduce our drainage by those canals we are building little small structures over the years for last 22 years. So that's all Page 26 October 16, 2001 included under the capital improvement program. Then we have the local government assistance and cooperation. We have -- I'll mention later -- about 17 projects that we do work with the county on almost a day-to-day basis and also other cities, City of-- City of Marco Island, City of Naples, Everglades City, and then the Immokalee area. We do provide assistance on those projects and then water conservation education and public awareness program that we have a full-time public -- public relations person that does that kind of program with public and the Collier County public schools. I will cover more on those later. Those are basic -- the challenges here, the growth -- tremendous growth in the county that needed those things on flood protection, water supply, maintenance and water quality, local government. And then, also, now a very important project we do as a part of the Comprehensive Everglades Restoration Plan we have three projects that we, you know, coordinate with the sponsor, federal sponsor, Army Corps of Engineers, you will mention those. COMMISSIONER FIALA: May I just ask a question? Who maintains the canals in Port-o-Prince? They are just -- MR. NATH: Port-o-Prince or Port of Dice? COMMISSIONER FIALA: Port-o-Prince. COMMISSIONER MAC'KIE: It's out near Marco, and it's probably -- MR. OLLIFF: Halfway down 951 on the south or east side of the road. (Chairman Carter leaves meeting.) COMMISSIONER MAC'KIE: Could be a private utility? MR. BOLDT: Basically it's a private system. There's dedicated easements in there. There's no responsibility for the county to maintain those. Unfortunately, I don't believe they have a Page 27 October 16, 2001 homeowners association. It's one of these no-man lands that we have. COMMISSIONER FIALA: Right. And they're -- and they're loaded with silt and -- and exotics. We found that what's happening is their -- their sewer -- sewer areas is flooding over and onto the land, right on their land. Plus the canals are stopped up, and they're having a lot of flooding problems. And so far everybody's pointing the finger at somebody else, but nobody's solving the problem, and we're going to get the problem solved. I'm just going to haul in everybody I can to get that problem solved, and you'll probably be one, John. COMMISSIONER COLETTA: There you go, John. MR. BOLDT: I'm looking forward to it. MR. NATH: Presently-- COMMISSIONER FIALA: Not you.9 COMMISSIONER COLETTA: That old civic activism in you. MR. NATH: Okay. As I mentioned before, the flood protection is one -- in terms of priority, number one. So I'm showing here the before and after picture of Immokalee Road Canal, what it used to be before just a border ditch with weed growing, just a small capacity, and then we enhanced to about 45 feet bottom with two to one sides, and at the top we add about 80 feet and all the side drains and water control structures. Okay. Then second one is water supply planning and then also true regulation. You know, I do know recurring drought conditions over the years, you know, and then also the draw-down of the aquifers has in many cases, you know, affecting saltwater intrusion in -- there's potential of saltwater intrusion, and that's why we have the saltwater barrier along the main outpost like in Golden Gate main canal, Cocohatchee Canal, Henderson Creek, and then also State Road 29 system. And then we're working with the county utilities on Page 28 October 16, 2001 issues like aquifers storage and recovery, research, and also demonstration projects on those. And water quality is another big issue. We presently we do have a water-quality monitoring program through a cooperative agreement which the county supports and control department where we cooperatively monitor water quality. Also that inland water system and then also a supplemental of that we have contact with Florida International University does -- that does water-quality monitoring to inter estuary system from Cape Romano to Caloosahatchee River. (Chairman Carter returns.) MR. NATH: And then, of course, now with the growth the traditional flow-ways have been damaged, and that's where most of our impacts are. That when the historic flow-ways, you know, are eliminated by roads and development, the prehistoric sheet flow to the estuaries has been cut off and that's why we have too much fresh water in some areas of the estuaries and too little in some areas of the estuaries. So we are, you know, as a part of our -- all of our works try to minimize those true interconnecting of the canal system and also making sheet flow interlocking of the Tamiami Trail. We have a new project that will have additional culverts under U.S. 41 to mimic the sheet flow that's going to the Ten Thousand Island, the estuaries. And then we have -- that's one of the particular construction projects, and second one is the Lecture for Restoration which we have got funds from the federal government and also the county's Tourist Development Council and then also some grass-roots funding from the planning trader we are just going -- making grounds for (inaudible) construction by November 16th. Then the watershed management planning that's the basis of all of those doing the engineering work, and for the first time we are doing original watershed approach so that -- because the whole Page 29 October 16, 2001 western Collier County is pretty much one watershed and we trying to restore the sheet flow. And then also the drainage problem. We have to look at as composite watershed and we're just finishing that planning and that in that system we evaluated entire system of canals and water control structures which we found that almost -- only 29 percent of the primary canals are inadequate to provide the level of service of protection at this time. And so we have plans now doing alternative water management studies, and those projects are being incorporated into the five-year planning process. And then also we are partnering with general -- federal local partnership study which Southwest Florida Feasibility Study which Kelly is going to speak about in more detail later. Hydromonitoring that we mentioned, we have measured water levels at 48 locations and 15 rainfall stations, and then we cooperate with U.S. Geological Survey to monitor ground water. Then also we cooperate with the developers who are -- they are required to monitor water levels on their lakes and underground water and then we coordinate those also. And now about 20 stations we do -- we try do towers and telemetry work. Public outreach, as I mentioned before, the water conservation is mainly so that new population that moves into this area coming from not -- not be used to the Florida type of environment to where, you know, it changes from drought to different drought to drought within weeks, so to get water conservation education we have a program. Then also knowing the residents on how to enter system of flow from their developments through the secondary system to the main canals work. That's a know-the-flow program. Then and the program on helping the urban ecosystem people like homeowners us -- we have a program with USDA's necessary conservation service to do urban mobile irrigation lab. Then in the school program work with all the schools in Collier Page 30 October 16, 2001 County, and then also now we have a research and monitoring database with this huge comprehensive data that provides all the comprehensive database, so everyone can look at what goes in the county in terms of research and monitoring with all cooperating agencies that's at every level in the web. And some of the recently completed projects that I'm showing in here, last four years we completed eight miles of channel improvement to Cochatchee Canal, four new water control structures there, and then the next four miles of canals on Immokalee Road Canal all just beginning this week we have noticed the (inaudible) tractor provided. They will be working on that segment of canal between the rock quarry just east of 951 all the way to the bend in Immokalee Road near OrangeTree. COMMISSIONER FIALA: Who all handles weirs -- just you handle all of the weirs? MR. NATH: All the major ones. MR. BOLDT: In the primary and major systems of the Big Cypress Basin, I have about a dozen smaller weirs that we operate, the various types with logs and gates, but they handle all the primary ones up, particularly up in Golden Gate in this space here. COMMISSIONER FIALA: So -- so do you, John, handle the weirs in East Naples when we're having a flooding problem out there, I mean, in a heavy rain? MR. BOLDT: Well, there are very few in the East Naples at this point in time, but those that are there they're under our county jurisdiction. COMMISSIONER FIALA: Thank you. MR. NATH: Okay. The bottom picture is showing we had to reduce some of our egress from the Florida Panther National Refuge. We worked with U.S. Fish and Wildlife Service in a cooperative funding. They provided us some plants, and then we built the Page 31 October 16, 2001 structure last year. That's one -- showing that one on Golden Gate Estates. Of course, as I mentioned about carrying a five-year improvement programs, it's coming on the next one. This year we will be working on improving County Road 951 between 846 and Vanderbilt Beach Road. Then we just started, as I say, Cocohatchee Canal Phase 4 as started already and then will be retrofitting the Golden Gate Canal, the main outpost structure by the Bear's Paw Country Club west of Airport Road. That structure has been there since 1964 or so, so it's more than 35 years old, and it needs replacement. So we will be building that pretty soon. So we got all the permits, then construction be up, and so within the next month or so we should be breaking grounds there. Then another -- the Faka Union Canal just east county where the Naples City well fields there, that structure needs replacement, and we'll be doing that one because that's a very important structure for recharging the aquifer of City of Naples. And then, as I mentioned, Lake Trafford Restoration we start-- we be breaking grounds in November. And then presently we have about 17 projects under cooperative agreement and contract with the county. First one, Lely Area Stormwater Management Master Plan. John, we've been doing this for many years, this one, and it's about done in permitting and probably -- we're probably seeing the end of the tunnel pretty soon. MR. BOLDT: We're going to have some good news very soon. COMMISSIONER MAC'KIE: No kidding. MR. BOLDT: Just as you're leaving. COMMISSIONER MAC'KIE: Yeah, perfect. Great, but that's great news. MR. NATH: Okay. And Gordon River Basin Improvement. It's a tri-party agreement between the city, county, and us. That's -- I Page 32 October 16, 2001 think these design -- design phase so called. MR. BOLDT: They're in the modeling and design phase and, again, the commissioners are going to hear more about that in the near future also. MR. NATH: And then we just completing -- just completed, I will say, the topograph-- topographic mapping for Belle Meade; that means heading up Henderson Creek and going all the way to Golden Gate -- North Golden Gate, that part we're done -- just the mapping of those so that we have detailed topographic map. Then other cooperative funding like where we pay 50 percent funding, like one is the Gateway Triangle Stormwater Facilities Improvement. COMMISSIONER FIALA: Boy, does that need it desperately. MR. NATH: So that's being done. The Boat Haven Canal just east of that and the west of that some tideflex valves for that, the new system of valves that can do both way. COMMISSIONER MAC'KIE: That's a real good improvement. MR. NATH: So that's just completed. Haldeman Creek Area Stormwater Pollutant Separators. That's a new system of the CDS valves that we put near the shopping centers there. MR. BOLDT: South of Gulfgate along Bayshore Road. COMMISSIONER FIALA: I don't understand what stormwater pollutant separators are. MR. NATH: That's pollutants that from around through parking lots, and all of that's going through the storm drain that goes to Haldeman Creek. COMMISSIONER MAC'KIE: What is the separator? COMMISSIONER FIALA: Yeah. I don't know how you separate -- MR. BOLDT: There's -- there's various devices. The one we used in that particular case is called the CDS unit, and it has a Page 3 3 October 16, 2001 swirling effect that separates out all the floatables, the plastic cups and all the debris, and captures it. And we can go in and remove it out before it's discharged in, in this case, into Haldeman Creek. COMMISSIONER FIALA: Even -- even the -- the oil and grease that were on a parking lot, it discharges -- MR. BOLDT: It has that capability, but that particular one doesn't have it yet. We're going to be installing a little bit later. We're going to put some emulsion logs in that will absorb those sorts of things, but this is -- this place is going -- leading-edge technology, not quite there getting the perfect separator. COMMISSIONER FIALA: Kind of like the strainer that strains off the big stuff, but the other pollutants are still there. But you're going to change that when? MR. BOLDT: Real soon. There's other types of devices that are on the market we're going to be trying also. There's a whole bunch of new brand names appearing because of this national pollution discharge elimination system requirements. This has become a real hot topic, and you'll be hearing more about different types of devices coming on the market. COMMISSIONER FIALA: I'm sorry. MR. NATH: That's all right. No, that's a good question. And then in Immokalee, the farm workers village, that entrance leads to there, that culvert is very undersized culvert, and it is blocking water, flooding the farm workers village, so we brought about 50 percent of funding for that culvert, and so that's done. COMMISSIONER FIALA: So the farm worker village is finished? MR. NATH: Yes. Then Broken Back Road that meets 951 Extension, when 951 goes over the ditch on Immokalee Road ditch, that bridge which was a very undersized one, so we replaced that one with a properly volume account. Then you must have heard about Page 34 October 16, 2001 Cocohatchee Canal, 846 four-laning that we had a little problem with the water, the runoff from there going to that canal and eroding the bank, so we caught it before the final section is done. So we are working with the county to get that intersects of road between 1-75 and 951 the whole canal bent onward so it doesn't narrow the banks. COMMISSIONER FIALA: That's off of Immokalee Road right there, eh? COMMISSIONER HENNING: My understanding is that we're fixing that, not Naples. MR. NATH: We're paying half a million dollars. MR. BOLDT: Cost sharing. COMMISSIONER HENNING: We're paying $3 million and you're paying half a million. I understand. MR. NATH: Okay. Then, as I said, County Road 951 culverts and utility crossing. In that segment of canal between 846 and Vanderbilt Beach Road has 11 little culverts that is put over the years, very undersized, so we will be replacing those and improving the canal. And then under cooperate agreement we have with county pollution control department monitoring inland water quality. Then in terms of the water supply of North County Regional Wastewater Pilot ASR study -- for all the controversy you have heard about the City of Naples, you know, not agreeing with the ASR study at that location, so we finally removed that to Livingston Road Corridor that we're putting in there. And Manatee Road, the south plant ASR facility that's under operation. Then the reclaimed water distribution system, we're helping on that, on designing that. Then we're using your radio tower for telemetric data collection through property agreement. Then Tourist Development Council's revenue on the Lake Trafford restoration. And the last but not the least that we have -- we renew every ten year the operation and maintenance agreement with Page 35 October 16, 2001 the county to operate the primary canals and water control structures under those legal requirements. Then opportunities coming in -- at least we think about enhance coordination of primary secondary facilities that, you know, we work day-to-day basis with John and probably -- and we'll keep working on those, and maybe there's some enhancement on those. And, then, we appreciate the county's cooperation on ecosystem restoration projects like South Golden Gate and hope to improve on projects like those. And continue research on things like ASR. We just lifted the first two restrictions, and then county -- this county is doing awfully good setup. When other counties had first restrictions, we had little -- lower restriction in here but modified Phase 1 so we want to, you know, work on those later. And, in fact, have been talking to the county over the years to provide at least a permanent daytime watering ban between 9 a.m. And 5 p.m. And then, our last governing board when they lift it, the water restriction they say at least if county cooperate to make the permanent maximum three days maximum, days lawn watering, and all local governments will coordinate on those activity levels. COMMISSIONER COLETTA: Question. On drip irrigation, it's still open where a person can use the drip irrigation without having to fall within this particular criteria, what days of the week and all that? MR. NATH: I think so. COMMISSIONER COLETTA: I know some people have gone to a great expense to do this, and what you're telling me is -- it's important that they be able to water every day and they use very minimal amounts directed right to the roots of the plant, and they were concerned that there might be something in the works about changing this particular ordinance. MR. NATH: I'll find out and let you know because I'm -- Okay. Page 36 October 16, 2001 And then I had two other ones that after I -- CHAIRMAN CARTER: While he's going to the next slide, while we're on water conservation, I continually notice that after a rainstorm or during a rainstorm certain sprinkler systems continue to go off in a lot of communities, and it seems to me that's true in an incentive process that we could have people put on sensors. It's, like, a $75 item you put on your roof and it stops -- it rains, your system doesn't go on any more. It just applies to major users like condos to homeowners, and we've got some hogs on water, and I happen to live in a community that's a water hog. And I think it's time to, A, if it's $75, we give you an opportunity to -- to do that and not have to -- and there may be some incentives there in the rate structure coming up -- and I won't go there. Mr. Mudd, I'd leave that to you, but I think it's -- you know, we worry about people watering three days a week. I am more concerned about systems that go off when it's pouring down rain. So I think maybe there's an opportunity incentive and get a simple thing like a sensor on a roof to stop the process. COMMISSIONER FIALA: You know, I'd like to add something to that. I'm glad you brought that up, Jim. I had a constituent write and ask me about road sensors -- I mean, sensors, water sensors in the medians. And I've been trying to search that out, and I'm not getting a direct answer. I'm -- I'm getting a shade of an answer, but I'm not getting a direct answer, and I would -- I would really like to know what we're doing about sensors in the medians. MR. MUDD: Let me help a little bit. Jim Mudd, Deputy County Manager, old public utilities administrator. In March you told us to -- to do a couple of things as far as water conservation was concerned. First, is to come up with an irrigation ordinance, and we're working on that over in the water department. Second, was to come up with a retrofit rain gauge system for the county so we can go in over -- envisioned over a three-year period of time where we go Page 37 October 16, 2001 back in to the older sprinkler systems in the county and retrofit them or give them an opportunity to retrofit to a rain gauge. We can order it in mass quantities, retrofit them at a reduced rate because of the volume of-- of rain gauges that we'd order and then have the customer pay that back over three installments on a water bill. And last but not least is those irrigation systems on medians and things like that where there's central control to see if we can't retrofit those systems with a rain gauge that would make it sensitive to how much water has -- has -- has just fallen from the sky. COMMISSIONER FIALA: So what you're saying is we're planning on doing it, but we don't yet have it implemented for the medians? MR. MUDD: That's right, ma'am. We don't have it yet. We have to come back to the board with that program to get the authorization. We're going through the research right now, getting the information as far as distributors are concerned, and making sure we have the work force in order to do that or if we have to contract it out with a private agency. COMMISSIONER FIALA: This is the first direct answer I've had. Okay. Second question, then -- thank you very much. Second question is I notice that at times the sprinklers go on in the medians when it's raining, and I was -- I'm sorry, during the day and we're trying to ask residents not to water during the day. Why are we watering the medians? MR. MUDD: Ma'am, if it's a reclaimed water system, you're getting rid of the product that's coming out of the sewer system, so I'd have to know which median we're talking about in this particular case. Is it on a potable system, or is it on a reclaimed system? COMMISSIONER FIALA: Oh, okay. MR. MUDD: On a reclaimed system, that'll -- that'll go on automatically, and they're not under the water restrictions because Page 38 October 16, 2001 they're providing a service and at the same time they're getting a reduced rate on the water. COMMISSIONER FIALA: But what about evaporation. I mean, I don't care if it's reclaimed water or potable water, if we're watering the medians during the day, you've still got that evaporation going on. MR. MUDD: Yes -- yes, ma'am. We only have so much storage capability for the reclaimed water. I mean, the ponds in your neighborhood only can fill up so much before they have to start irrigating and if-- if they don't irrigate at least get some of it into the ground, then I take that reclaimed water down a deep injection well never to be seen again. So you have a choice to get part of it to reclaim the aquifer or you lose it, and it's a dilemma that we do have because no matter if it's raining or not people are still using their plumbing. COMMISSIONER FIALA: That's absolutely right. So, in other words, even -- it's okay to water the medians during the day; it's just -- MR. MUDD: If it's reclaimed water and so -- and we've asked some of the reclaimed customers to be a little more conscious about when they water to see if they could water during the hours -- COMMISSIONER FIALA: I'm not talking about customers. I'm just talking about us; county roads, you know, medians. MR. MUDD: Yes, ma'am. But there are some medians on the reclaimed system. Norm. MR. FEDER: Jim, if I could. Commissioner, the other part of that is we'll be coming back to you with an automated system allowing us to be in a position to more efficiently regulate that median landscaping watering. COMMISSIONER FIALA: Okay. MR. FEDER: So you're going to have a solar-powered system Page 39 October 16, 2001 that we're going to be bringing to you. up across the whole county. COMMISSIONER FIALA: about it because of appearances. It's something that we can set That's great. I was just talking You know, we're telling people, "You can't water your lawns during the day," yet we're watering our lawn during the day, and I just thought -- oh, well -- CHAIRMAN CARTER: I think, Commissioner Fiala, that's an excellent point, and thank you. It just triggered off-- I was going after residential, which I see in many of the communities are -- whether on reclaimed or not -- it's -- to me it's an issue, and sensors would solve the problem, and it's in a community in which I live. If they can't afford $75 to control the water, then I think they have more problems than that. COMMISSIONER HENNING: I would like to see us do something good like the City of Naples does is in their medians they use reclaimed water. They have a sign out there that says, "Reclaimed Water Recycled Water." And it would help our citizens to know that that is a different source than what they're using, plus it shows that we are good stewards of the -- of the land by recycling and using those products. COMMISSIONER FIALA: Excellent idea. CHAIRMAN CARTER: I think that's great, Commissioner. I mean, it's nothing -- I don't think we'll get hammered on educating the public on that, but I don't know. Let no good deed go unpunished. So we'll do our best to put it out there and let folks know what we're doing. MR. MUDD: And then the other -- the other piece is an inverted water scale for bills. The more you use the more you pay, and we'll come back to the board with that on the 27th of November. CHAIRMAN CARTER: Thank you, sir. MR. OLLIFF: And, then, just so the board knows, I think your Page 40 October 16, 2001 parks are probably a larger water user than all your medians combined, and your parks have already gone retrofitted, to my knowledge, all of the parks at this point. So they have rain sensored gauges already in all of those systems, and we've converted all to effluent that are and have available effluent lines near the parks. MR. NATH: Impact on Collier County is the number one recycled water user in Florida. COMMISSIONER FIALA: Oh, that is good. MR. NATH: I have last slide here for feasibility opportunities. One, we are cooperating with John to you know at looking at feasibility of adopting State Road 29 Canal as "Works of the Basin," because that is one of the major system and then also the Lely -- implementing the Lely Canal is completed we will be concentrating taking that responsibility of adopting and maintaining that canal and water conserve system. That's basically my presentation. Of course, we -- as I said, I work day to day with your folks, John Boldt and then also folks in (inaudible) control and utilities. And if we are doing anything good on these lion's share up there, its credit goes to John and those folks. MR. OLLIFF: Just a quick question. Could you explain to them briefly what you issue permits for, because I'm not sure that that got covered, and I think it's good for the board to understand what Big Cypress issues permits for in Collier County. MR. NATH: As you know, the three levels of permits that is administered by the Water Management District, one is called Cypress Water Management Permit that means for your stormwater, say, when you develop a property to -- the rule is that due to typical topographic and then features of South Florida and also the wetland necessary up or landscape, and also the sensitive aquifers that we have. If we draw down more, the saltwater interferes from the gulf can move in, so provide safeguard for all those we do, you know, Page 41 October 16, 2001 regulate the Cypress Water and Management Regulations for all new developments. That's done at West Palm Beach, the Cypress Water Management. And then the second one is Water Use Permit, this is for withdrawal of water so that you -- we monitor those so that you can withdraw water to supplement not impacting users that has been permitted before and then also not impacting the future water user, maintain the fill of the aquifers, then also at the same time not impacting the environment. So that's water use that's done also by the water use division of the Water Management District. The only thing we do permit here, the Big Cypress Basin, is the right-of-way permit on whoever want to use the right-of-way of the canals for, like, crossing the canals by bridges or -- or any work in that easement or right-of-way of the canals or putting a pipe to withdraw water from that canal. We regulate that segment locally here. CHAIRMAN CARTER: Would you like to summarize that for me, Tom, so I make sure I understand what they're doing here. MR. OLLIFF: Well, I need to get him to clarify one -- one other thing for water use permits. For example, I know you don't issue -- I don't believe you issue single-family water use. MR. NATH: No. Two-inch pipes in Collier County we don't -- that's part of your -- when you people go for new building permit, that's a part of it. MR. OLLIFF: Okay. And for surface water is there an acreage? MR. NATH: It's 40 acres. MR. BOLDT: The Water Management District has delegated to Collier County the authority to issue permits on projects less than 40 acres. Anything over that is Water Management District issues it, and we have a joint review. But less than 40 acres, unless there's some wetlands involved, they delegated that authority to Collier Page 42 October 16, 2001 County. CHAIRMAN CARTER: Okay. Thank you. MR. OLLIFF: So the only other policy question I wanted to ask was has there been any consideration to -- especially for water-use permits from the Big Cypress or South Water Water Management District to consider for -- especially those larger users, whether it be future agricultural uses, future golf course development uses, to force larger users to a different aquifer other than the Tamiami aquifer which seems to be the one that gets stressed so much here during the dry season? MR. NATH: Exactly. If you have been -- and at least county staff, Mark Spitz, over the years we have a program called Water Supply Planning -- the Lower West Coast Water Supply Planning and we update every, I think, four years. Mr. Daltry, is it every four years the water supply planning updates? MR. DALTRY: Supposed to be every five. MR. NATH: Every five, so as a part of that, you know-- as you know, the Lower Tamiami Aquifer where we get most of our drinking water supply comes from, it's been stressed to its -- almost to its limits now. New permits that, you know, are coming getting very careful not to connect to Lower Tamiami Aquifer. COMMISSIONER FIALA: Now that you've said that, I've read someplace in one of these things that crosses my desk that we are stretched to the limit on that aquifer but that we had more water in the State of Florida than all of the water in the Great Lakes -- is that true -- underground? MR. NATH: Depend on aquifers. Say -- we take the first 20 feet -- first 20, 30 feet what we call the water table aquifer that, you know, recharges the lakes, your canals, and those kind of stuff and then some, you know, very limited use of that for ecosystem. Then buildup, there's a confining layer-- confining or semi-confining -- Page 43 October 16, 2001 some may be semi-confining and build that up to 150 feet, that's where this part, we call it Lower Tamiami, that's where our drinking water comes from. And that's recharged by rainfall and then seepage from other canals and lakes and stuff. So that's being stressed quite a bit, and that's why county's going to aquifers like upper and mid aquifers where you are going up there 300 feet or so and bringing that water. That water needs more treatment because those are brackish water, so those are being treated with new technology like reverse osmosis and county's botis plants now, county's North Treatment Plant is going in that and also extension of that on the dirt plant is going for hot the (inaudible) aquifers. COMMISSIONER FIALA: But, what was -- I'm sorry, what was the answer? Is it -- COMMISSIONER HENNING: No. His answer is no. Well, if you count the Gulf of Mexico, yes. COMMISSIONER FIALA: No. They were -- whatever I read and -- and I saved it because I wanted to refer to it at some point in time -- said that there was a great deal of water, you know, under the State of Florida. It's just that we had to clean it right and with reverse osmosis as well as -- COMMISSIONER HENNING: Desalinization. COMMISSIONER FIALA: Yeah, desalinization. We would never have -- thank you very much -- we would never have a problem, just with the water that we have in our aquifers. Is that the truth? MR. OLLIFF: I've seen that too. I've seen information that says the combined aquifers under the State of Florida are larger than the amount of water of the five Great Lakes combined and that as a total percentage of actual water coming into the state versus how much the state uses, it's probably about 6 or 7 percent of the total amount of Page 44 October 16, 2001 water coming into Florida that we actually use, including agricultural use SO ... COMMISSIONER FIALA: I'm so glad you said that. I was beginning to think I -- I was dreaming it. Okay. CHAIRMAN CARTER: We got to be careful of all that. I think Mr. Daltry will have some comments on that as we get down in the program this morning -- COMMISSIONER FIALA: Good. CHAIRMAN CARTER: -- because the reality of what volume of water exists versus what's usable and accessible and practical, et cetera, et cetera, is a far different picture so ... COMMISSIONER FIALA: That's what we need to hear. COMMISSIONER HENNING: Before we get too far, I've got a couple things on my list for the Big Cypress Basin. One is, working with a constituent in the Oakes Boulevard area and because of the map I see that is your canal -- MR. NATH: Yes. COMMISSIONER HENNING: WCI Communities who is developing Tarpon Bay has improved an area on 20th Avenue Southwest, and so the concern is -- and rightly so -- the level of the control structure on the ditch that -- that's draining into the canal, I would like for you to take a look at it and make sure it's at the right height. It appears to me and my constituent that it's too high in not allowing the land to drain properly. And also on 20th they are improving the drainage area, and they got a long way to go, but if you need to sign off on that, I want you to take a look at that very closely. And, John, I think that we need you too. We need to make sure that we're not creating a problem for the residents in the Oakes Boulevard area. Another thing, during Hurricane or Tropical Storm Gabrielle, I -- I rode around in a lot of areas and even in East Naples taking a Page 45 October 16, 2001 look at where we have the problems in that, the Golden Gate Canal that runs east and west and the D-2/I-75 Canal runs north and south except for where it hooks up into the Golden Gate Canal it actually bends to the east. Now, from what I seen the flow on that 1-75 canal was not moving where the -- where the Golden Gate Canal was rushing. In my opinion -- and I hope that you would take a look at this -- it actually is holding back areas of draining Golden Gate, the Vineyards and so on and so forth. That is the 1-75 canal stormwater drainage is -- is huge through the area that it does drain. So my feeling is we don't want the same thing that happened in 19 -- I think it was '84 or -- we had a lot of flooding. MR. NATH: '83, uh-huh. COMMISSIONER HENNING: John Boldt, that's when we first met. MR. NATH: I came the following year. I remember that. COMMISSIONER HENNING: That's when I sandbagged my house to protect it, and we understood it was going to be fixed, and now I kind of question after that experience of taking a look at Gabrielle. MR. NATH: That incident never happened. It was '83, of course, at the time that canals were -- had too much weed there. There is not very aggressive weed control operation at that time. So that improved quite a bit. But still I know there is 1-75 canal needs improvement. COMMISSIONER HENNING: Okay. So I hear you say it does need to be fixed. MR. NATH: Sure. COMMISSIONER HENNING: Okay. I want to thank you, and please don't forget the Oakes Boulevard, WCI, Tarpon Bay. MR. NATH: That's your 1-75, number three Vanderbilt Beach Page 46 October 16, 2001 structure there. MR. OLLIFF: Mr. Chairman, I know we're a little behind schedule, but I think we need to take a very short break, if we can, just to give -- CHAIRMAN CARTER: Give the minutes a rest. MR. NATH: Thank you very much for all your cooperation. CHAIRMAN CARTER: Thank you, sir. MR. OLLIFF: Thank you. (Short break taken.) MR. MUDD: Commissioner, our next speaker is Kelly Unger. She's planning technical leader. She works in the regualatory department of the Jacksonville District of the Corps of Engineers, and she's going to tell us a little bit about what the Corps does. CHAIRMAN CARTER: Okay. Welcome. MS. UNGER: Thank you very much. Can you hear me okay? CHAIRMAN CARTER: Yes. You're doing fine. Thank you. MS. UNGER: Well, thank you and thanks for that introduction, Mr. Mudd. It's not quite correct. I am with the planning division. I used to be with regulatory, don't want to be associated with them anymore. (Laughter.) MS. UNGER: I am in the planning division. CHAIRMAN CARTER: We feel immediately more comfortable. Thank you. MS. UNGER: I serve as the planning technical leader for the Southwest Florida Feasibility Study and also for the C-43 Basin Storage Reservoir Project, and I appreciate the opportunity to be here this morning. I am here for Colonel Greg May who is our district commander and was unable to attend. The United States Army Corps of Engineers is the federal government's largest water resources development agency. Our civic Page 47 October 16, 2001 works mission began in the early 19th century with navigation improvements on the Mississippi and Ohio Rivers. Various legislative acts and administrative policies created since then and up to as recently as last year give the Corps its jurisdiction. The Corps' presence in Florida precedes its statehood. During the 1820s engineers conducted surveys of the region for roads and a proposed canal connecting the Atlantic Ocean to the Gulf of Mexico. The Corps has also been involved with the St. Johns River as far as back as 1853 and with Tampa Harbor back to 1880. Beginning in 1948 the district constructed major sections of the Central and Southern Florida Flood Control Project. That effort continues today and, in just a moment, I will discuss a little more about that project. The Corps is organized geographically into eight divisions within the U.S. And 41 subordinate districts throughout the U.S., Europe, and Asia. Our divisions and districts are defined by watershed boundaries as opposed to by state boundaries. The Corps is made up of-- made up of approximately 34,600 civilian and 650 military men and women. Jacksonville is one of five districts within the South Atlanta Division which is headquartered in Atlanta, and with approximately 800 employees the Jacksonville District is one of the largest civil works districts within the Corps of Engineers. This map represents the many area offices we have throughout the state all the way from Pensacola down to Marathon. Many of these offices are co-located with our partners and our customers, such as the Florida Department of Environmental Protection, the South Florida Water Management District, and the Environmental Protection Agency. The Jacksonville District's mission is simple and shared with other Corps districts and divisions throughout Europe, Asia, and the U.S. The Corps provides quality planning, engineering, construction, and operation products and services to meet the needs of the nation. Page 48 October 16, 2001 Our military and civilian engineers, scientists, and other specialists work hand in hand as leaders in engineering and environmental matters. We have a work force, a very diverse work force of biologists, engineers, geologists, hydrologists, natural resource managers, economists, and other professionals that fulfill the district's mission. You can see from this long list of customers that we have many customers, partners, and local sponsors. There are many opportunities for a county agency, such as yourself, to work with and use the services of the Corps. From my own experience in working on the Everglades Restoration Project which, again, I will discuss in just a moment, and from talking to other Corps project managers, I understand that Collier County is involved in the development of many projects that affect the county or are located in the county. Many of the CERP projects or Comprehensive Everglades Restoration Projects are specifically what I'm talking about. Through continued participation on our various project delivery teams, the interest and desires of the county will be represented to the larger teams and then ultimately in the final project, so we certainly encourage you to keep participating in that manner. Two of the ways in which we authorize projects and partner with our non-federal agencies are through general investigations and continuing authority programs. As you can see, the general investigation funding is for larger more complex projects that are specifically authorized studies or named studies. Because project construction requires specific Congressional authorization, projects under this authority generally take five to seven years to get from study initiation to the start of project construction. Congressional authorization is a very complex project -- process that I don't have time to detail this morning. So I'll just oversimplify Page 49 October 16, 2001 it by stating that basically a local agency, such as Collier County, or some other non-federal agency would lobby Congress, to support a study, the Corps would perform the study, write a report. The report would go back to Congress and if it is feasible and appropriate, then the project would be funded for design and construction. And I know I made that sound probably somewhat simple; it truly is not a simple process. It's very laborious. But, on the other hand, we do have a much easier and; therefore, sometimes desirable process in our Continuing Authority Program. Continuing Authority Program is a group of legislative authorities by which the Corps can proceed to construction without further Congressional authorization. The program is, of course, reserved for smaller, less complex projects, but it is an effective method for authorizing these projects. COMMISSIONER FIALA: Excuse me. Then who makes that decision as to whether you can fund it or not? MS. UNGER: Under? COMMISSIONER FIALA: Under the smaller projects. I mean, being that they don't have to go to Congress or anything, who makes that decision? MS. UNGER: The Corps makes that decision. You come to the Corps -- and I'm gonna give you a name, actually, of someone you can contact who has more information about that -- runs -- kind of, is an expert on that program, and they can give you all the criteria and lay that out and let you know whether or not your proposal meets one of our categories. MR. MUDD: Commissioner, I will tell you that the Corps -- Corps makes that decision, but I'm telling you there's a lot of political pressure, and there has to be political support from congressmen and senators for that particular project as it, kind of, bubbles up on that priority list. This is an authority that's given to the chief of engineers Page 50 October 16, 2001 by Congress so that he can do projects within a two-year period of time. It's kind of like a congressional election window, okay, specifically for those congressmen to push those particular items. So if you had a project that was small and -- and basically it's -- it's under $2 million -- most of them are under a million for a particular project-- then you'd be able to get it. Now, every one of those projects are cost share. Normal cost share right now is 65 percent federal, 35 percent local in that process. But you have to have a political backer in order to move those projects. COMMISSIONER FIALA: Oh, thank you. CHAIRMAN CARTER: Are there lesser-- excuse me. Are there lesser projects, Jim? I'm thinking of one that came up because I sat in a meeting in terms of dealing with the Vanderbilt Estuary, and there was this piping and pumping kind of thing. They said the Corps for X number of dollars because it was under a certain limit could approve that at the Jacksonville authority, and would that fall outside of this election year cycle or how -- MR. MUDD: No. It doesn't have to be an election-year cycle; just when you get the continuing authorities it's a two-year -- it's a two-year process. You don't have to go into the significant study nor design as -- it's a quick process, and it falls within one of those continuing authorities, and that's exactly what they were talking about getting under that -- getting in the Continuing Authority Program -- the CAP program. CHAIRMAN CARTER: And we can talk later about that because I don't know where that is, but it seemed to me that was a situation that was controlled through the local jurisdiction, in this case, Jacksonville. MR. MUDD: That's right. MS. UNGER: There are nine different activities under the Page 51 October 16, 2001 Continuing Authority Program. They're listed here for you. For each of the nine -- the cost share percentages, which Mr. Mudd alluded to, do differ. The federal dollar limits differ. The annual program limits differ. You know, because of my limited time here I, obviously, can't go into all of the details of the details of the different -- the difference between each of the -- the categories, but I did want to show you the list so that you could see the type of activities that fall under this program -- and also to give you the name of Russ Rote in our planning division. He is very knowledgeable about our Continuing Authority Program. I brought some of his business cards with me today, and I also have some pamphlets -- three or four pamphlets on the different -- a couple of the different programs here. And I would encourage you to take those and give him a call if you would like to learn more about this -- this program. I just spoke about most of these categories that you see up on the screen that we can do under the Continuing Authority Program. I'd like to now focus a little on what we actually do with some of these activities under both the general investigations funding and the Continuing Authority Program. The district's largest project is the Central and Southern Florida or C&SF Flood Control Project. The project covers almost 18,000 square miles and encompasses all or part of 16 different counties. Included in the C&SF Project are efforts to supply water to Everglades National Park, return sections of the Kississmee River to its historic flood plain, and modify water discharges from Lake Okeechobee. In Collier County we have two projects that are not necessarily flood control projects, per se, but they do have flood control elements. One of them is Tamiami Trail culverts -- which I believe Ananta spoke about earlier-- and then, of course, the Southern Page 52 October 16, 2001 Golden Gate Estates Restoration Project. And I will be giving you a brief status on these and some other projects in just a moment. Establishing and maintaining navigable waterways were among the most prominent -- prominent early Corps projects. Today Jacksonville District is responsible for more than 2,100 miles of Florida waterways. That's about 8.4 percent of the nation's total. Our navigation projects include maintenance dredging of rivers and channels ranging from a depth of three feet in the Kissimmee River to 49 feet at the Fernandina entrance channel of Tukings Bay up in North Florida, Southern Georgia. In Collier County, I understand, we have two shallow draft navigation projects which have been authorized. Both were constructed back-- completed in 1963. One is the Everglades Harbor which provides a channel from the Gulf of Mexico -- Mexico through Indian Key Pass in Chokoloskee Bay up the Barron River, and the other is a channel from Naples to Big Marco Pass and Channel Lake Gordon Pass. I believe the second one was maintenance dredged back in 1993, and I don't know that the other was -- has been dredged since it was constructed. COMMISSIONER FIALA: Could I interrupt you? Just one second. Who handles the -- the Bayshore Canals -- dredging of the Bayshore Canals? Is that county? MR. NATH: County. COMMISSIONER FIALA: County? Okay. Thank you. MS. UNGER: In regard to shore protection and restoration, the district has constructed more than 90 miles of shore protection projects since 1947. This amounts to about one-third of the nation's total. I don't believe at this time we have any current shore protection projects in Collier County. Jacksonville District fulfills FEMA missions following disasters from Hurricane Hugo to Hurricane Andrew, from floods to Page 53 October 16, 2001 windstorms to earthquakes within our district boundaries to areas throughout the world. The Jacksonville District team does respond to natural disasters, many times being first on the scene and last to leave. And, currently, we are supporting FEMA, the Department of Defense, and the nation in public works and engineering mission in New York City and Washington, D.C. Of primary activities being performed are water-borne transportation, debris removal, and structural safety technical assistance. Responsible for regulating more than 15 million acres of wetlands, 6,000 miles of coastline, and 9,000 miles of river bank, Jacksonville has one of the largest regulatory permitting programs in the nation. Our regulatory division which is located throughout the state and numerous field offices reviews permit applications, determines jurisdictional delineations, and enforces compliance with federal laws and issued permits. COMMISSIONER HENNING: Kelly, can you stop there just for a minute. We have a lot of governing agencies in the State of Florida that control wetlands, and I would like to know-- well, even if you can answer this -- what rule did Congress and Senate give to the Corps of Engineers to control wetlands? MS. UNGER: We have at least three acts. We have -- our primary for the wetlands is the Clean Water Act -- was given -- the Corps was given authority under that law. We also have the Rivers and Harbors Act of 1899. COMMISSIONER HENNING: That's -- that's tidal waters or navigable waters? MS. UNGER: Navigable waters, uh-huh, your docks, shoreline protection. COMMISSIONER HENNING: See, I'm thinking about, like, Northern Golden -- Golden Gate Estates is, I mean, that contains water. Page 54 October 16, 2001 MS. UNGER: That would be under the Clean Water Act. CHAIRMAN CARTER: 1972 Clean Water Act. MS. UNGER: Which was rewritten in 1977, reauthorized in 1977, yes. CHAIRMAN CARTER: Okay. Operated under the '77 version, and it still -- how it impacts the states. COMMISSIONER COLETTA: The reason for these questions was -- is there was some -- there was a determination made by our county attorney -- I believe you received it also, Commissioner Henning -- the Corps of Engineers -- Army Engineers is supposed to be limited to navigable waters and waters going into it by decree from Congress. Now, is this true, or is there -- this other act comes into play where they have further authorization to be able to go forward on that? MS. UNGER: Exactly. That's for waters of the the United States navigable and non-navigable. jurisdiction. COMMISSIONER COLETTA: So -- right, it furthers our I hope that after the -- when the meeting comes to a close and when it comes to public comments, that you'll make yourself available, because we have some people here that are going to be asking some direct questions in relation to that. COMMISSIONER HENNING: Yeah. And all waters within the State of Florida that you're in control of; am I right? MS. UNGER: The United States. COMMISSIONER HENNING: The United States. MS. UNGER: All waters of the United States -- within the United States. COMMISSIONER HENNING: potable water, no. MS. UNGER: No. COMMISSIONER HENNING: So Jim's water storage tank for It's just mother nature type Page 55 October 16, 2001 water? MS. UNGER: You call it wetlands -- our technical definition is waters of the United States which is more encompassing than just wetlands, but for the State of Florida it's probably safe. COMMISSIONER HENNING: How can we all come together, these regulating agencies -- these permitting agencies so somebody has a one-stop shop? I know we're trying to get to that area, but -- MS. UNGER: Right. And we have done some of that, too, with an SPGP -- SPGP -- we've delegated I -- COMMISSIONER COLETTA: Delegate-- MS. UNGER: Special Programatic General Permit, I think, is the acronym, and we've delegated to the State of Florida some activities under our jurisdiction, but they're fairly minor in nature. COMMISSIONER COLETTA: What about Golden Gate Estates? Would that be some that you delegated? MS. UNGER: We have -- now, you're really testing my regulatory knowledge here. We had a regional permit, a general permit that was issued for Golden Gate Estates and I believe -- was authority not given to the county to issue that permit or perhaps -- COMMISSIONER COLETTA: on this that can speak on this matter. that after this meeting. COMMISSIONER HENNING: We're looking for an authority I think we'll have to investigate Yeah. Kelly, I think what members of the board would like to see is -- you know, the bigger pieces, the bigger developers go for it. You know, have your input on that, but we have some hard-working people here in Collier County that's trying to build their first home in Golden Gate Estates on either a acre and a quarter acre, acre and a half, or five acres. Working with the State of Florida we have somebody in house with the EP to take a look at some of those issues, and every time that we have more government involved in personal property, it jacks up the Page 56 October 16, 2001 affordability. CHAIRMAN CARTER: Well, I know Mr. Daltry is going to have some -- some comments on all of this as we get to his section, but I have a great concern, if I go back to some old federal legislation, now, as you said revised in 1977 and that begins to look at what can -- what contaminates an estuary. And you begin to look at some of those standards, and you look at what's happened, those become really major challenges to what's going on in the community. So there's this overlapping. There's these various agencies. There's these various acts begin to affect us, and at the local levels we sit here as a Board of County Commissioners charged with zoning and charged with land-use decisions, we feel like we don't have everything that we need to play with as far as tools in the toolbox, and our staffs work diligently -- staffs work diligently to help us through this process. But I'm always afraid another shoe's going to drop somewhere and I haven't factored that in in the decision making, and all of a sudden we're hung out to dry, whether it's a 5 acre, 2 1/2 acre, or 3,000 acres. And that's a haunting concern I have every time I make a land-use decision. MR. OLLIFF: I think, Kelly -- and don't hold me to this -- but I think that there was a nationwide permit for the Golden Gate Estates area that lapsed. MS. LINGER: That's what I was thinking; it was a general permit. MR. OLLIFF: And I believe -- a general permit. And I believe that the Army Corps had delegated permitting responsibility for that, not to us, but to actually DEP, I believe, and DEP is now housed in our own Development Services building, but they actually have to go out now on single-family building permit applications and review for wetland permitting. And I believe that they were recently in our offices talking about developing some sort of mitigation banking Page 57 October 16, 2001 effort in order to be able to offset having individual property owners trying to deal with their own mitigation on 2 1/2 acre tracts, so I think -- I think that's where we are with that. MS. UNGER: Okay. I can verify that, and I don't know. I apologize. I don't know the history of where the Golden Gate Estates regional permit or general permit lapsed and why it wasn't reauthorized. My guess is it has to do with cumulative impacts in the area. MR. OLLIFF: I think you're right. MS. UNGER: And so -- but I can research that, and -- and we can certainly can get back with you. MR. OLLIFF: You just make a note, and a little follow up on that would be -- would be helpful. MS. UNGER: Absolutely. Absolutely. MR. OLLIFF: Thank you. MR. MUDD: Kelly, even if the general permit lapsed, they still have nationwide 26 -- even though it got more stringent -- that they can fall back on, okay, and that basically gives the homeowner the ability to use a nationwide permit and cut through all the red tape if they -- if they don't impact a certain amount of the acreage that they own by that home. And I remember one time it was -- it was a quarter acre, and I think it came down to a 10th of an acre or something like that. I'm not -- I'm not an expert at it because 26 was changing when I left, but I'd ask you to also give us the details on Nationwide 26 even though the nationwide -- or the -- the general permit is -- or the regional permit, or whatever you want to call it, is lapsed, you still have nationwide permit that can help them out. MS. UNGER: Right. We have several nationwide permits, and we had one for single-family homes and that may, too, have lapsed. But we do have others, and we'll certainly look to see what the best avenue is for the folks in that area. Page 58 October 16, 2001 CHAIRMAN CARTER: Colonel Mudd, do you have the 77 regs under Clean Water that we can all be familiar with and turn out? MR. MUDD: We can get to them. And the other thing that Kelly hasn't told you, there's been several court cases that have altered that 77 ruling on the Clean Water to limit some of the Corps' regulatory authority and the Two-lock Rule and, I guess, the Smith Case that was just up that came through, so it's -- it has a lot to do with the nationwides, too, and -- and that permit process, so they're going through a little bit of that change. CHAIRMAN CARTER: We appreciate that. Thanks. MS. UNGER: Under our support for other programs we have many agencies that do not possess the technical expertise to meet the engineering requirements or needs of their programs, and that's where the Corps comes in and fills those voids -- excuse me, by working in partnership with these agencies and with the private sector. Our Support for Others Program helps out the National Park Service, the Departments of Interior and Commerce, the Bahamas, Puerto Rico, Jamaica, the Irranigration and Naturalization Service, and those are just a few that we -- that we do help out in that program. Finally, we come to environmental restoration. This activity is now one of the primary missions of the Corps of Engineers Civil Works Program. Nowhere in the nation has growth had more of an affect than it has in Southern Florida. With population, industry, agricultural, and tourism, we've really changed the area's landscape. And in an effort to slow and hopefully reverse some of the detrimental effects of this growth, the Jacksonville District in concert with the South Florida Water Management District is now leading the world's largest ecosystem restoration initiative, the Central and Southern Florida Project Comprehensive Review Study which is known as the "Restudy." Since ecosystem restoration is now one of the Corps primary Page 59 October 16, 2001 missions and since Everglades Restoration specifically affects Collier County, I would like to spend just a few moments on this effort. The Central and Southern Florida Project was first authorized by Congress under the Flood Control Act of 1948. It is a multi-purpose project that provides flood control, water supply, prevention of saltwater intrusion, and protection of fish and wildlife resources. In June of 1993 the Restudy was initiated to reexamine the Central and Southern Florida project to determine the feasibility of modifying the project to restore the South Florida ecosystem and to provide for other water-related needs of the region. After completing the Restudy, the Secretary of the Army and the State of Florida presented the Comprehensive Everglades Restoration Plan or the CERP to Congress on July 1st of 1999. The CERP is a comprehensive program that does provide for that restoration of the South Florida ecosystem while also providing for those water-related needs of the region. On December 11 th of 2000 the Water Resources Development Act was signed into law. Title 6 of the act or of the law is entitled Comprehensive Everglades Restoration, and it approves the CERP as a framework for modifying and changing the operations to the C&SF project. The CERP includes a series of environmental improvements over the next 25-plus years at an estimated cost of $7.8 billion. These are some of just the broad-brush features that are included in the CERP. We have six pilot projects to verify technology. We have 15 surface storage areas that cover approximately 170,000 acres of land, three in-ground reservoirs at about 11,000 acres of land, 19 stormwater treatment areas covering about 36,000 acres, and removal of over 240 miles of canals, levys, and structures. COMMISSIONER MAC'KIE: Before she leaves this map, I Page 60 October 16, 2001 just have to tell you, that's what I'm going to be acquiring the land for. That's what my job is, right there. COMMISSIONER HENNING: Somebody wanted me to ask you, are you going to acquire A1 Perkins' land? COMMISSIONER MAC'KIE: I wouldn't touch that with a ten- foot pole. CHAIRMAN CARTER: Get a couple more. COMMISSIONER COLETTA: Good shot. MR. NATH: He has been offered. COMMISSIONER HENNING: Oh, really? MR. NATH: Yeah. South part -~ the project land so he has been offerred several times. COMMISSIONER HENNING: Oh, thank you. MS. UNGER: There are several specific CERP projects that do occur or affect Collier County. There is also critical projects listed on -- on this list. I'd like to give you just a very brief status of where we are with each of these. On Southern Golden Gate Estates Restoration the draft project implementation report is due to go out to the public for comment at the end of November. As soon as after it's released, we will have a public meeting in the area to solicit feedback on the report. And for those of you who do not understand the Corps' new lingo, a project implementation report is the decision document that basically bridges the gap between the -- the comprehensive or consent -- sorry -- conceptual design that was found in the CERP and the more detailed design that is necessary to go forward with project construction. On the Lake Trafford Restoration, which I believe Ananta stated earlier, we are anticipating awarding a construction contract next month, and we are scheduled for the ground-breaking ceremony on November 16th. COMMISSIONER COLETTA: And thank you very much for Page 61 October 16, 2001 that. MS. UNGER: On the Henderson Creek-Belle Meade Restoration, we are finalizing the design agreement which will allow us to go forward in developing a project management plan then subsequently a project implementation report. And I think it's especially noteworthy to state that the DEP is the local sponsor on this project as opposed to most of the others where the Water Management District is our sponsor. On the Tamiami Trail Culverts and Canal Plugs, the survey's completed for the Phase 2, and the plans and specifications, I believe, are currently being completed. The contract award is scheduled for late November of next year, and project completion is scheduled for late September of'04. COMMISSIONER FIALA: Where are these located in Eastern -- in Eastern Collier County? MR. NATH: Yes. It's between State Road 92 and 50 Mile Bend, 40 miles straight between State Road 92 and the county line. COMMISSIONER FIALA: Boy, these are all right in your district, aren't they? COMMISSIONER COLETTA: Eighty-five percent of the county -- no, it's a lot of county. Tell me one thing, though, I always thought we were looking for sheet flow of fresh water. Why are we stopping the fresh water flow at 41 ? MS. UNGER: On the Tamiami Trail? MR. NATH: We're not stopping. That's what we are trying to do is putting out (inaudible) culverts to get more sheet flow towards the Ten Thousand Island Estuary. COMMISSIONER COLETTA: What -- what are the plugs for? MR. NATH: Plugs? No. Plugs is on the north-side ditch that diverts water, you know, to the culverts so as you drive down on 41 you will see the north ditch water. Some are flowing east, some are Page 62 October 16, 2001 flowing west, so you have to direct it to the culverts. That's what you need the plugs for. COMMISSIONER COLETTA: Thank you. MS. UNGER: On the Seminole Tribe Big Cypress Water Conservation Plan, Phase 2 surveys for the west side of the project will begin soon. The Seminole Tribe is scheduled to award contract for the east side conveyance canals late this year, and we are planning ground-breaking ceremony for December of this year. And I have up there the Big Cypress L-28 Interceptor Modifications Project. This project has not begun yet. It's current estimated start date is September of'05. I believe it's been -- that's an earlier date, so it has been moved up. We can see it move up again. And, finally, we have the Southwest Florida Feasibility Study. This, if you're not familiar with it, is a comprehensive water resources -- resources study for the southwest part of the state. It covers approximately 4,300 square miles and encompasses all or part of six counties, including Collier County. The status is that the feasibility cost-share agreement was signed in August of 2001, and that agreement is basically a contract between the Corps and the local sponsor or our co-sponsor, the Water Management District. And current efforts on the study include hydrologic-model development, determination of demands, vegetative mapping, and conceptual model development. And this is a four-year $12 million study. And that brings me to the end. I just wanted to put up a couple of our web sites. For information, the first web site is the Jacksonville District site home page where it highlights everything we do within our jurisdiction. You can go there and find out about regulatory. Most likely, if you get to the regulatory, you can then look up the Clean Water Act and all of our regulations. I feel pretty sure they're on line. Navigating to them is another stow, but eventually you can get there and it is all on the web. Page 63 October 16, 2001 And, then, the second web site is more specific to the CERP and the CERP project specifically, and it has points of contact, anyone you need to speak to for both the Water Management District and the Corps. That is a joint web site vantaged out of our office, but it is a joint web site, so it has all of the points of contact and all of the important documents that are happening as we move through the CERP and implement that. That's all. CHAIRMAN CARTER: Okay. Questions for Ms. Unger? Thank you very much for being here and sharing with us this morning. I'm sure our listening audience appreciated that input and the web sites, and we look forward to the additional information you'll send to us. MS. UNGER: Absolutely. CHAIRMAN CARTER: Of course, you know you have a great person here in Jim Mudd who is very familiar having been a part of your organization. MS. UNGER: He could have given this. MR. MUDD: It's okay. You did a very good job. Thanks, Kelly. The next speaker we have today is Wayne Daltry, who's the executive director of the Southwest Florida Regional Planning Council. Wayne. COMMISSIONER HENNING: And before Wayne gets started, Commissioner Fiala, this is the person that you can talk to about your affordable housing with new development, as we were talking yesterday up in Lee County. COMMISSIONER FIALA: Really? COMMISSIONER HENNING: Yes. COMMISSIONER FIALA: Oh. COMMISSIONER MAC'KIE: COMMISSIONER HENNING: He's the man. He's the man if it's a DRI. Well -- Page 64 October 16, 2001 COMMISSIONER FIALA: Oh, but that's what I want. Oh, that's wonderful. Thank you for telling -- I didn't know that. I will call you and set up a nice appointment. Thank you. MR. DALTRY: Surely. I'm also a survivor of the original affordable housing wars. COMMISSIONER FIALA: Boy, am I glad to hear that. CHAIRMAN CARTER: He likes steak for lunch, too, Donna. COMMISSIONER FIALA: I will remember that. MR. DALTRY: Our web site -- Thank you for having me here. Our web site -- go straight to it for those who like to click and read -- www. swfrpc.org. That's six letters, swfrpc.org. And it'll have everything I'm going to tell you in much greater length. The Regional Planning Council is you, and you are the Regional Planning Council. The Regional Planning Council was created by you and five other counties in 1973. You created the Regional Planning Council because at that time the area of population, 350,000 people in an area the size of Connecticut and Rhode Island combined, could see that the future was coming at the rate it took to build those lots with houses that exist in Golden Gate Estates and Marco and Lehigh Acres and Cape Coral and Port Charlotte and North Port and Rotunda and South Venice. 1.1 million lots have been sold around the world, including every military base and every combat zone in Vietnam. I was there. It was happening. Those lots that were sold were deferred population from this area of just under 4 million people. And nobody believed the lots were being sold, and all of a sudden it started to come because this area's population in 1950 was 70,000. And it just started to climb and climb. We realize by looking at Southeast Florida, Tampa Bay, Orlando, Jacksonville, Atlanta that we could be just as good as them unless we got our act together. And the decision was to get the act Page 65 October 16, 2001 together, form a regional planning council, local governments working together. The six counties former provide for municipal representation and under that original agreements of-- interlocal agreement, Chapter 163.01 and you have about 200 others within this county with the cities and your neighbors already. You said, Well, we'll work on -- is whatever we decide to work on. Growth management, affordable housing, coordinating roads, worrying about health care. Whatever local governments in Florida are charged to deal with individually, we will discuss it collectively as we need to do it, and you have. Whatever local governments in Florida charged to deal with is whatever people need, so it's a very limited scope, as you can tell. The board is currently 34 members; 12 county commissioners, 10 city representatives, and the rest are appointed by the governor. It has a staff of 27. The 27 staff is all capacities because it's a horizontally and vertically integrated group, i.e., we take our own budgeting and have our own attorney as well as everything else. The things you have charged the council to do were ratify into Florida law-- general law 1980, which is now contained in Chapter 186.501 at sequence Florida Statutes, and that's all the basic groundwork legal infrastructure you need to know. Because from now on I tell you what you have told me to do. I have been your director for 19 years. I have worked there since 1975, and before that I was chief of planning for Manatee County and before that a platoon. So I got out when Richard said I could leave. Okay. General law says regional planning councils are to do the following -- COMMISSIONER MAC'KIE: Is that Nixon? MR. DALTRY: And my favorite. He got me out two months early. COMMISSIONER MAC'KIE: Took me a minute. Page 66 October 16, 2001 MR. DALTRY: Regional planning councils are charged to think strategically, and for that purpose there is a Strategic Regional Policy Plan prepared by the council -- adopted by the council. The first one was prepared -- adopted in 1975. It predated your local government comprehensive plan. It predated just about every local government comprehensive plan. It provided a policy framework that has been the basis by which local governments have coordinated ever since. So a level of regional policy, as opposed to operational conflict, is low because the Regional Council 1975 adopted a set of policies that have been periodically updated. I bring you a prop. Those on the council and the two sitting here on the council have their own version. Your planning department has it. Your libraries have it. It is a listing of historical information data from about 300 different issue areas, and it is a collection of policies that directs what the council will be doing over the next several years to help implement the needs of the areas local governments. The council's also charged under general law to do developments of regional impact review. I'll cut straight to the chase. The council's -- one of the reasons it was set up is to counteract big developers from hose nosing small local governments. That is not a complicated topic. That's what they were set up to do, and the first year of the council it confronted big developments and went to the U.S. Supreme Court twice and won both times. From that point on, things got better because at that time there was a lot of handful of "howdy" and mouthful of "much obliged" and nothing got built or a lot of land got sold. Since then developers have built roads. They've set aside lands for public services facilities. They've gotten in the water and sewer business. Then you got in the water and sewer business. They started becoming environmentally attentive that let nature development today, its orders of magnitude. It's beyond description Page 67 October 16, 2001 what was conceived of in the '50s much less the '70s where a lot of the big issues were facing us. There's 160 developments of regional development in Southwest Florida. They are summarized in this prop. This is always sent to your members of the Regional Planning Council, your local plan agency, and your libraries. It's found on the internet. Their annual report -- they must provide an annual report of their progress as listed there. Not all of their ideas, of course, get approved. Denial is one of those things that you go through a long effort about, but most of them have conditions. It's monitoring those conditions that are critical, because when they fulfill their conditions they are always on the list of those who are meeting stormwater management needs, water quantity needs, school siting needs, transportation needs. And if you don't monitor them they, of course, why would they be fools, if no one is watching them, 'cause not watching anybody because bottom- line drives. But the ones that have been fulfilling their obligations are the ones that you read about in all the good reports of the developments of Southwest Florida. And just as a side note, I did a little side walk through the homes on the internet, the 50 most expensive homes. You can do the virtual tour. Fifty in the United States, fourteen were in Southwest Florida, eleven were in the area from Bonita Springs south into Naples. That was about three months ago. COMMISSIONER FIALA: Wayne, could I interrupt you for just one second. And for our listening audience and all of those that are interested in DRIs but are confused with the difference between DRIs and PUDs, could you just give us a fast sentence or two on that? MR. DALTRY: Sure. Development of Regional Impact under Florida Law is a development whose size, character, or magnitude -- Page 68 October 16, 2001 is it lots of houses or is it an airport or is it just a strange location-- compel them to go through a multi-jurisdictional review, affects more than one county. That includes state highways, national parks. A Planned Unit Development is a tool local governments use to manage a development whose -- you want to be different than straight-up zoning, and it can be as small as five acres. And -- it's your code determines what's a planned unit development or a planned industrial development or a planned commercial development. A DRI is typically but not always a planned unit development, but it always starts off by being unusually large. In Collier County it's 1,000 units, approaching 2,000 units. When you get -- maybe it's 2,000 units already, quarter million people, and it is one that is -- if it's a commercial project, it's 40 acres or more. So your typically five- to ten-acre commercial won't go through it, but you may have a planned unit development applying to it. Or it's a unique use, like the commercial airport like Southwest Florida International. So that's the real difference is that a planned unit development is a tool you use in your zoning to give you flexibility to require better setbacks than your normal zoning would require. Regional Planning Council provides technical assistance and local government comprehensive planning. A big role in the '70s is now usually given to rural communities today because you have large sophisticated planning departments. Council is the federal designated review agency for federal funding. The last thing you need is for your neighbor to be funded to do something you don't want, need, propose. So that review process is handled through the Regional Planning Council. Over 500 reviews are taken a year of which maybe three or four actually trigger that kind of analysis. So the council does what the board wants to do. The staff is directed to do it, and the council made up of yourselves, City of Naples, and other communities have been fairly broad in what they Page 69 October 16, 2001 want analyzed. The council reinvents -- the staff in profile reinvents itself every year. We deal with the priorities you want. Your staff is supposed to be adept enough to change their hat when you need it and still not lose the files, "Oh, that thing we did three years ago, what did we do?" So let's not repeat our errors. So here's the things the council's been doing this year directly relevant to Collier County. We have updated our regional hurricane preparedness study. This you use. You use this. This directs -- working with your local emergency preparedness department analysis of the people you have exposed, the areas likely to flood, the shelters you have available, the routes to get them out, and the confusion you're going to have as they go into next counties all around for being told the same thing. We did the first one of this in conjunction with United States Army Corps of Engineers. Was the first one done in the nation; became the model for the world. We periodically update this partly with funds from the state or the Corps or FEMA, and the rest was local funds because we're going to direct on the conclusions and not be told what the conclusions are. This update tells the usual grim news that if another Hurricane Donna was to come up the coast like it did in 1960, you'd be moving 700,000 people, take 60 hours to move them, and that won't happen. So that is directing the local strategies -- you're developing work with the private sector to come up with -- you don't even want to use the word "shelter," but let's get real. The local things that you can do so people can stay in the neighborhoods or at least in the community, if not the county, so your recovery is easier, because they cannot evacuate according to the traditional head 'em up, move 'em out planning of the '70s. Too many people, too many vehicles, routes are too small, and too few destinations. There's three routes that get you out of Page 70 October 16, 2001 peninsular Florida, U.S. 41/1-75, U.S. 27, and U.S. 1/95 Turnpike Parkway, and they're moving 9 million people? That's 4 1/2 million vehicles. No. So that's complexity of why local sheltering, refuging, and local response is important and speaking to the unnamed beer distributor company already referenced earlier today, they have -- they have an example of a local plan of what you can do. High -- well, high. Won't say dry. We know what they do. COMMISSIONER HENNING: Excuse me, Wayne. I hope Jim Coletta shares with you his idea that he had about three years ago about host neighbors. COMMISSIONER COLETTA: It is a neighborhood, neighbor- to-neighbor shelter plan. Actually, the plan came to us back and there was quite a bit of interest. This went back about seven or eight years ago, wasn't it, Donna? You were quite active at the time. And due to the lack of non-storms, as you may say, the crisis situation passed. And even though it was a prototype that didn't quite meet maturity, it did match a lot of people up that have still kept a bond going where the people that live inland will be able to go to people's homes in the Estates or as faraway as Immokalee to seek shelter. I -- I kind of hope that when the time does come that we have a storm, that we can integrate that plan back into effect to some degree where we can take people from shelters at the time of mass devastation and move them inland to a residence. But that's something we'll approach when we get to that point in time. I'm sure you already have thought it out and have a master plan hidden away in your desk drawer. COMMISSIONER FIALA: And that focussed a lot on people that were handicapped, as well as people with animals; right? COMMISSIONER COLETTA: Right. COMMISSIONER FIALA: Right. COMMISSIONER COLETTA: Right. Because in case of a Page 71 October 16, 2001 major event, one, you don't have enough shelters, that's correct. And number two, if it is a major event where you -- the houses are no longer livable, then you're going to have to come up with something that's going to span a period of time. And tents won't cut it. And you won't have the transportation to move them outside of the immediate area, so you're going to have to rely on your own resources and get back to more basic neighbor-to-neighbor type of policy where you utilize the resources of your neighbors. MR. DALTRY: Just to give a brief link to previous presentations, hurricane preparedness -- I already mentioned three corridors. The unusual droughts of the last couple years caused sink- hole formation, one of which went under U.S. 27 in May of last year, as I recall, or the year before, which was one of the three critical evacuation routes, temporarily closed because of water table being so low the grounds beside it. These are the sort of things we have to watch all dimensions of our planning process. A sea-level rise study, EPA asked Southwest Florida Regional Planning Council to undertake a prototype sea-level rise study just not because we're going to worry about where the line here is a century from now, you and I in our daily business, but for capital investment strategies. If we're talking about major capital investments, they're supposed to be the backbone of the community, sea-level rise is something you should incorporate. If we're talking a century in advance, you still expect to have a Collier County. You still expect to have a City of Naples, but your capital investment strategy isn't -- the really big-ticket items are not the things you can dispose of, "Oh, gee, the water's too high today." And the water doesn't occur-- rise doesn't occur really gradually. I mean, it's kind of held back by your mangrove roots and beach renourishment program and the sort of things you do locally and individually, but when the storm comes, all of a sudden you have Page 72 October 16, 2001 a new shoreline. And that's when you have the surprises. So sea- level rise is just mapping at five- and ten-foot levels and in between the kind of exposed facilities you have as -- as the sea level rises until a climatic changes or whatever is causing it and the sea levels fall again. Transportation Disadvantaged program, as mentioned early by Bob, we staff for you. Just an example of the things that you have engaged the council to do, because part of the strategy is there is something you need done, but you don't need it every day and every community. Well, why not pool your resources, have one person do it all for you, and is on tap when you need it. So you provide a modest amount of money for your T.D. Grant and one quarter of a person year, and we maintain a full-time person who's available for you when you need it. I just brought a few of these props for handouts which you've seen before. That same logic applies to the traffic safety program, and each county has a traffic safety committee, and each traffic safety committee is sort of getting the same information. What you need to do for school Children Protection and Drive Alive and Mothers Against Drunk Driving, you have a county staff and private participation, municipal participation, police -- police department participation and traffic safety committee. They meet once a month. You need somebody to keep the records, get the information to them, get the information out to the press. Same person can do that for seven counties, and you don't even contribute towards this particularly except for the regional council's money. But the FDOT provides approximately $10,000 per county to work on this, and so we put together a person who travels to each county, helps provide this service for you and, again, just a few of the handouts that -- the kind of efforts that are going on, traffic safety. You know, freight movement's important for this area. The Page 73 October 16, 2001 railroad is gone. Your airport isn't a heavy mover of commercial freight, so most everything -- and, of course, waterways are commercial -- waterways are recreational waterways. So freight movement by vehicles is important to us. Florida Department of Transportation undertake studies that perhaps our area was underanalyzed, we'll be generous to use the phrase. So Collier County working with the Regional Planning Council we can -- it's neighbor said, "FDOT, you need to do a better job." Well, the better job starts next couple weeks because they found $300,000 to put in the investment to analyze the freight movements and needs for our areas of safe freight movement, reliable freight movement, and truck railheads; include that in the state budgeting program. Something's been overlooked. That's the lobbying side of the Regional Planning Council working together. The council staffs with your MPO, the Lee MPO, the Charlotte MPO, the Sarasota/Manatee MPO, the Duval County Coordination Program, again, is partially lobbying and partially just keeping our focus on the roads don't stop at the county border. Well, actually, in some cases they do and they shouldn't. Connect the roads, you have a transportation corridor. You're not going to get 1-75 widened in a timely manner. Every time we need it you're going to have to have supplemental routes. And, again, if it goes to the county line stops, it's partially a waste of money. Everybody just needs to work together. Coordinating transit, coordinating the other non-road-based transportation modes so your MPOs get together periodically and compare notes and work on a common plan. Council's and Economic Development District by the federal government, that covers this county. It means that when you apply for money for the Economic Development Administration you have to put up less match and non-covered areas, and you get extra points when you make an application. So things -- funds available for Page 74 October 16, 2001 infrastructure improvements and economic development improvements that make an application that Council's already done 10 percent of your funding for you and 10 percent of your points for you just by being economic development district. But under that hat the Council created a certified development company. That provides -- that's a public-private partnership. It created a entity. It's a 504 entity by which loans through the SBA become available to your financial institutions. SBA picks up half the risk. That program went into effect several years ago. It's becoming self-sufficient finally. We just got Lee County in our service area. It was strange. It was forced to be left out, but that program, I think, has provided four loans in this county, so far over 90 jobs. When it becomes more effective and portfolio grows -- it's only about $12 million--it'll become a major player for meeting those businesses, 'cause we're trying to work with your economic development program to get people out of the garages, out of the flea markets into your incubators where they can get training on how to operate a business. Move out of the incubators and they're own stand-alone tax-paying business with a labor force. Small business failure is a terrible thing in the United States, and small business creation is a wonderful thing about the United States. We like to work on the creation and survivability and get away from the failure through a coordinated program with the SBA, the small business development center of FGCU, and the community college. That's all partnerships in and with the Economic Development Committee in Collier County. We have a local Emergency Planning Committee. The issue of hazardous waste materials and hazardous waste -- hazardous waste and hazardous materials to make sure that they're adequately planned for so we don't lose fire personnel and safety personnel and fires that Page 75 October 16, 2001 have occurred in buildings where we don't know what's stored. That law went into effect over a decade ago. We established a multi- county committee made up of fire personnel, police personnel, emergency-response personnel. And many of the people who do the storing called a local emergency planning committee, and they provide a constant education program, produced books like this (indicating) of which there's a multitude in your county with the businesses on sorts of information you need to properly respond. They also work with the gas company in extending the pipeline to make sure fire departments are trained, because natural gas fires was not something the local fire departments here were familiar with, and we were able to get some training in place. That same committee is, in fact, the one being charged to carry out the direction Council gave me last meeting which was, see what we can do about coordinating our terrorist response arrangements. A lot of things are going on, but your standing LEPC was already made up of those people. It's something they're discussing and trying to make sure there's the -- issues to address and the counter responses you can have. There's -- in addition to all of that, we have the beach and inlet coordinating convocation. Your beach restoration, your inlet maintenance people meet under a council-sponsored forum about every two months. This is up and down the coast of Manatee County to make sure that they're coordinating their plans, making sure they're coordinating the lobbying, because without the money this is something you don't get done. And make sure we're not competing for sand sources. And where it is possible to have combined applications that are working on that too. Council sponsors the Regional Harbor Board. That's made up -- and you made appointments to it of private boaters, public boating entities, DEP Sea Grant, the West Coast Navigation District, the Page 76 October 16, 2001 Council, to work on a coordinated program for anchorage management. Boy, I know I'm boring you to tears, but there's a lot of things going on. Where you have a designated anchorages, there's 46 of them designated along the five coastal counties and a boating plan and a boating report that's produced and given to 10,000 boaters, at least. And it is the Appalachian equivalent-- it is the aquatic equivalent of the Appalachian Trail. You've designated anchorages like the trailheads where you can come in and go out and pack it in and pack it out. Do not dispose of your sewage in our waters. Council's asked the chief administrative officers, your county administrator get together periodically to coordinate different tasks, and they have given different tasks such as purchasing and interlocal agreements on any vast number of subject matter you want to address. They have helped develop some of the council's legislative positions which I will get to in a minute. Now, that's -- most of that's ongoing, whether it's annual or periodic efforts that Council does at your request directly benefits Collier County. We do have some initiatives that are less frequent. I'll give you an example of the things that Council's taken us one-shot deals or take up again. The Council prepared the future land use map of the State of Florida based on low government comprehensive plans because state land planning agency wouldn't do it. The Council knew it needed to be done and did it for the entire state. So whenever you hear Florida's been planned for 91 million people, you are the people that made sure that statistic was done because it's your staff development gave it to you and provided it to the State of Florida, filling a hole. Council's also the one that developed the draft legislation implementing the state constitutional amendment of 1992, enacted in 1993 or 1994 by the legislature. Was vetoed by the governor. Enough time had gone past. The Council had had enough of it, Page 77 October 16, 2001 developed the legislation. Our legislative delegation got it passed in 1998. Why did I particularly bring that up? Because the state plan is to guide the budget cuts of State of Florida according to the state constitution, so when you start hearing the pain coming out of Tallahassee for not following the state plans -- because they were missing the shot that you helped create for them in Florida law. The Council also was the only agency designated in the United States to help set -- site the first university sited in two decades. Of course, the criteria was the land had to be free. So standard planning techniques went right out the window when the land had to be free, but the Council was the forum by which the 22 sites were reviewed and the site ultimately selected at least met the criteria, and I think 50 years from now we'll realize it's a wonderful site. And even now we know it's an important site for our entire quality of life, economic development, and sense of who we are. The Council sponsored the Transportation Summit in 1999. It brought all the parties together about the needs of our region including 1-75, and during that summit FDOT funded another $100 million for 1-75 to expedite the improvements 10 years ahead of the day before they were to be done. I mean, ten years ahead of the time that it would be done the day before the Council had the forum. So sometimes getting together and discussing the issues brings the appropriate pressure to get some quick response. Council has a legislative program adjusting platted lands. The devolution of human services and transportation currency all of which is being taken through the legislature now. Odd little jobs the Council has its staff do, has agreed to have its staff do is participate in Corkscrew Regional Ecosystem Land Water Trust, and I currently am chairman of that. That's a two-county land acquisition program of Corkscrew lands, half of which are in Collier County. And the Everglades Restoration, it's called officially the Page 78 October 16, 2001 South Florida Restoration. It is managed by a task force which has a working group. I'm chairman of the working group, and I know more about CERP than I ever wanted to know. Council's designated -- accept the designation to be the Lake Okeechobee Small Business Emergency Loan Relief Agencies. That loan program covers the Immokalee area of the businesses adversely affected by the drought. We are handing out money, as we speak, to the small businesses, not only to make up for the impacts of the affect of the drought upon their businesses of last year, but we recognize as the bridge loans for those are teetering to go into the next drought and the next drought we will have starting in March. And, finally, just for the fun things, the Council's developed the Lake Okeechobee Scenic Trail program which is connected to the scenic trail that comes right up the Big Cypress. So other little things that we've done. I will respond to your questions because I could go on and on and on, because I am proud. I serve at the pleasure of Regional Planning Council without a contract. When they get to the word "adjourn" of the meeting, I'm not fired; I'm employed until the next meeting's called to order. I've done that for 19 years. That's given me seniority over all the other administrative officials in this region because all the rest are on contracts, whereas the Council treats me like a human being. I've appreciated it. CHAIRMAN CARTER: Wayne, I think you're probably the most knowledgeable person that I know of in dealing with this plethora of subjects that you have just outlined, and it's hard, I think, for people to understand how the Regional Planning Council takes each one of these and integrates the needs of all Southwest Florida to meet everything that needs to be done from transportation, to land use, to water management, to emergency services. Because you're right. Nothing stops at county lines. And it's critical -- Page 79 October 16, 2001 Commissioner Coletta and I serve on this council, and I serve on the transportation subcommittee. Commissioner Coletta is working on healthcare issues because all of these things are important on a regional basis. And I can't emphasize enough the great work the Council's done and how much we need to pay attention to it. We dearly are appreciative of the restoration process, but we're also looking at that restoration process in terms of the folks who dammed and dyked did a beautiful job, but they were charged by Congress to do that. And, now, we got to undo that which we did, and we're making sure that we don't do it the same way that we started it. We want people to think outside the box. We're not looking for the same decision makers that dammed and dyked to be the ones that end up restoring without a lot of outside input for the creativity and expansion of thinking that needs to be done. And thankfully Wayne is a person heading up and working with the people and the Corps to make sure that we end up with the best product. So I personally want to thank you, Wayne, for all your years of service and how much you have helped me as a county commissioner to better understand what we have to do on a regional level. MR. DALTRY: And that's a different presentation we're showing you when I raised my first questions. FDOT may be maintaining the waterway next to the interstate, but that's a major water course as recognized in the restoration directly effects the state park and as it moves water east or west water is money. It's either money that you spend in order to get it off your land, and later it's the money you spend to get it back on your crops, your water supply, your golf course. Because Florida gets 50 -- I'll do a little bit of the water -- 52 inches of rainfall a year, other than I think the rain forest in Washington, Oregon, that's probably the most water a state gets in the continental United States, but we have to discharge 52 inches of Page 80 October 16, 2001 rainfall a year, in effect, because it's that kind of system. Our estuaries depend upon the water flow, our humidity which is where most of our water is stored I think, that I will agree with you, Lake Okeechobee, include the sky, Florida has the water because our evaporation rate in this part of the state will exceed rainfall on exposed surface water body. And so we end up with these huge storage needs to get us through the dry season. Our sand is our best reservoir, but unfortunately septic tanks don't work if they're sitting in water. So we end up having flood control and drainage, but since we're nine feet, ten feet, twelve feet above sea level, our storage area for water is called the Gulf of Mexico. And getting it back after that is hard. So we're driven by all these needs, and if we do it wrong it's so expensive. And we've seen it done wrong. That's why most of the restoration's -- big dollars on restoration are in Biscayne Bay. That's why Tampa Bay has such huge expenditures, why the Kissimmee River is channeled and now being rechanneled. Lake Okeechobee, a near-death experience which requiring them to lower their lake level by two feet which created this demand for 170,000 acres more of lakes. One hundred seventy thousand acres, isn't that about close to 300 square miles of new lakes. If we had a problem with not enough humidity, we're going to be fixing it now. But all that and still move the water around and recognize that the entire environment and our quality of life and economy's based much on coastal resources. Eco- tourism, we used to call it going to the beach and fishing, you know, is -- we lose the water going to our estuaries, it's not a fun place anymore. So all that competition going at once, but meanwhile our biggest movement of water isn't the water management district. It is our highway department. Our biggest investment in water transportation infrastructure isn't DOT or the Water Management District; it's the Page 81 October 16, 2001 county and the city. For every road and every sidewalk you've got a ditch. And when it is clogged, you get a phone call. You've got hundreds of smiles in this county alone, and you start talking about just the water side. Then the transportation side, but you got to keep the road -- the house -- the Golden Gate Estates had the general -- has the general permit -- used to say 10,000 square feet of impervious surface was allowed for each lot in Golden Gate Estates. That was the general permit. I'm operating off the top of my head. Well, 10,000 square feet sounds like a lot. On the lot, you know, 10,000-square-foot house? No. Two thousand square foot house; the rest of it was a driveway. The rest of it was -- you know, the lake. The little lake that was created for the driveway. I mean, 10,000 went real fast. So the area-wide mitigation program was needed. Okay. We're going to have an area-wide mitigation program. Well, that's a land- use decision. Land-use decision -- okay. We're going to need hundred square miles or whatever it is. You know, you say, well, Collier County, the size of Rhode Island already has 1,000 square miles -- 1,200 in preserves, why do we need another 100 square miles? Well, you have a national treasure, Everglades National Park, Big Cypress you can't always lay claim to it. Okay. Whose properties are the perfect ones? Where is the money going to come from, because it's a property-rights environment, as it should be. You just don't designate someone's private property as everybody else's public benefit. Land use is brought in. Now, you're coordinating your land use, your transportation, your water. And you're doing it in part driven by mistakes made when the county had a population of 11,000, and sure, let's divide the land up and sell it to the Yankees because we need economic development. COMMISSIONER HENNING: Here we are. Page 82 October 16, 2001 CHAIRMAN CARTER: Here we are. We have the wonderfi~l opportunity of the challenges. MR. DALTRY: And affordable housing. I won't start. MR. MUDD: Thanks, Wayne. Do we -- Commissioners, do we have any other questions for Wayne at this particular juncture? I think he's always readily available so that you can grab him in order to get that information and -- you know, he did that whole thing off this piece of paper. That's amazing. I thought it was the fog that delayed him this morning. It's because you were busy; that's what was going on. Mr. Chairman, we have two speakers. CHAIRMAN CARTER: Yes. Let's go to public speakers if we might. MR. MUDD: Okay. The first is Brad Cornell. COURT REPORTER: May I change my paper? MR. MUDD: Yup. CHAIRMAN CARTER: We need a paper change, Brad. COMMISSIONER COLETTA: Let's all stand up and stretch. MR. MUDD: Commissioner, we're ready. CHAIRMAN CARTER: Okay. Let's do it. MR. CORNELL: Hi, Commissioners. Brad Cornell with Collier County Audobon Society. CHAIRMAN CARTER: Good afternoon. MR. CORNELL: Thank you for the opportunity to say just two -- I have two brief points to make. One is that since this is an issue dealing with interagency issues and how they all relate to Collier County, wetlands figure very prominently into that, and this county has been charged with coming up with some county-wide wetland policies -- wetland protection policies which are in the process right now. Those policies are referencing an effort that is statewide to come up with a uniform way of assessing mitigation needs based on Page 83 October 16, 2001 wetland values called the Uniform Wetland Mitigation Assessment Method, and it's being worked on right now through the Department of Environmental Protection, DEP. And it's going to be our referenced method of valuing our wetlands and how we're going to protect them and mitigate for their loss. The -- there are problems with that method and with all the current methods that are cited in a very recent June 2001 report from the National Academy of Sciences. This is the report, and in there there are a number of recommendations. Two prominent ones are that -- are issues to our -- that are current methods and including the way the uniform method is -- is stated that they're too subjective. Assessments are too subjective. They rely on best professional judgment. So you get ten people out there looking at a wetland. You have ten different opinions about what the values are of that wetland. So that's a problem. And the other problem that they cite prominently is that -- that assessment methods need to consider more functions. We need to recognize that wetlands provide a whole host, a spectrum of values for society, and these need to be addressed. They're not currently being addressed in this uniform assessment that's coming down upon us. IfI may recommend that Collier County -- while we don't have the time, staff doesn't have the time to trot out a whole analysis of this, if I may suggest that we reference the National Academy of Sciences report with all of its recommendations, and send this recommend-- these recommendations to DEP as our comments and say, "Please incorporate these recommendations because they're on behalf of all of us." I think that would be very helpful. COMMISSIONER HENNING: Brad, where can we get a copy of those? MR. CORNELL: I can send you -- you can read it on-line it's -- this is a pre-publication copy. It just came out in June. They haven't Page 84 October 16, 2001 actually published it yet, but you can buy it for about 40 bucks. I just got mine this week. You can read it on-line, and your staff, Bill Lorenz and other folks, have -- Amy Taylor or Barbara Burgeson have the information. I can e-mail it to you. It's the National Academy of Sciences' web site. COMMISSIONER HENNING: If you're asking us to adopt those standards, then, you know, we need to know all about that. MR. CORNELL: Right. I guess I -- I bring it up only because the National Academy of Sciences is a pretty well-reputed board of scientists. These recommendations are actually being tried out by the Army Corps of Engineers as a new way of assessing wetlands. And they're sort of being ignored for political reasons by Tallahassee and the DEP just to be sort of efficient politically, but I think a lot of people including NAS feel that -- that we're losing wetland values by not incorporating these sorts of recommendations into our assessment method. COMMISSIONER MAC'KIE: I wonder -- and I'm sorry. I didn't mean to interrupt. MR. CORNELL: That's all right. COMMISSIONER MAC'KIE: I just wonder, Brad, if our Environmental Advisory Council might be somebody who could make a recommendation to the county commission about that. MR. CORNELL: We talked about that. We actually -- their last meeting you were at for a little while we did discuss this, and they're very interested in it. Staff is providing them the information. There's an executive summary, and if you would all like to see that, it's -- it's a pretty quick read just as an executive summary. The whole report, obviously, is quite a bit more in depth. You can take it for what it's worth. Without doing a lot of analysis and charging staff with doing -- doing something that's going to take a lot of time, that might be a quick way to reference some Page 85 October 16, 2001 valuable recommendations to the state that's working on this assessment in that. Just a suggestion, and you might rely on staff for looking at those, and I would be happy to share this with all of you. I'm sorry to bring -- I know it makes it messy, but it's something worth looking at, I think. CHAIRMAN CARTER: Thank you, Brad, for the input. I think, members of the board, that we do have to have professional staff look at this. I think we have advisory committees, EAC and Planning Council. I think we need to be aware of what it is and then look at its application within the total process. And at this point I certainly am not knowledgeable enough to make any further comments on it, other than it's something we thank you for bringing to our attention and we need to look at. MR. MUDD: I'll get Bill Lorenz actively involved. MR. CORNELL: Bill has -- thank you. MR. MUDD: Our next public speaker is Cindy Kemp. MS. KEMP: Hello. My name is Cindy Kemp, and I'm representing Property Rights Action Committee, and just a little sidebar before I get into my topic. Having televised meetings is wonderful except out where I live we have no cable. So if we could get like a computer camera and we can watch it on the internet, that would be good. COMMISSIONER COLETTA: We talked about this numerous times about putting it on the internet, and I don't see the person that I should direct the question to, but I will take it up with the county manager again. My understanding was we were looking into that. If we could have, if anything, just on real audio. MS. KEMP: That would be fine. COMMISSIONER COLETTA: That -- no really. It shouldn't be that expensive. I know many, many radio stations have done it. COMMISSIONER MAC'KIE: I could keep up from Palm Page 86 October 16, 2001 Beach then. I'd really like that. CHAIRMAN CARTER: Right. COMMISSIONER COLETTA: COMMISSIONER MAC'KIE: COMMISSIONER COLETTA: You could even comment back. That's it, e-mail me. God help us. CHAIRMAN CARTER: Well, ma'am, would you step a little closer. Pull the mike a little closer to you? Thank you. MS. KEMP: Property Rights Action Committee is a new group of citizens that have formed as a watchdog group for what we feel is the ubiquious encroaching environmental and government regulations on our property. And when you get into speaking about people's properties, going on the premise that our homes are our castle, it gets very personal and very close for a lot of people. This is where they have all their money. This is where they have all their sentimental things and everything else. I'm sure we're all aware of. We all relate to that. So there's a lot of frustration and there's a lot of cynicism, and the group has formed. Why I came here today is we did raise the issue with the Army Corps of Engineers that they were overstepping their jurisdiction in permitting, and this is based on a supreme court ruling. We have sent letters out to our commissioners and to the county attorney and to the Army Corps of Engineers, and we have had other lawyers look at the case. It is our finding in the -- and the city attorney's finding that the Army Corps of Engineer -- I beg to differ with the representative today -- but they are overstepping their -- their boundaries here as applicable to navigable waterways, which is not the area where -- where people are living right now. So we want to just bring this up to the commissioners and let you know that we're asking you, as our representatives, to help us to protect our private property, and that's mainly what I -- what I came here for is to say we're out there. We're -- we're -- we're looking at Page 87 October 16, 2001 these things -- you know, people can't get to the meetings, but what we are all e-mailing everybody, and we're back and forth and on the phone a lot, and we're very concerned. And there is a group of people out there. We're -- we're going to be watching this, and we're asking you to -- as our representatives, to take it and go with it. COMMISSIONER HENNING: Ms. Kemp, I can say working with your commissioner, Commissioner Coletta, he does strongly believe in property rights, and I -- and also about public lands and access to those public lands. I think you're very fortunate to have a commissioner like Commissioner Coletta. You owe me. COMMISSIONER COLETTA: You got it. Of course, we're limited too, the county, the Corps of Army Engineers, what they say is what we got to follow, and I think we need to clearly define what their parameters of authority go, how far we can stretch our authority to be able to cover these -- these different particular things that they're now covering. Somewhere we need to work closely with them. If they can authorize us on their behalf, that may speed up the process and give us the right to be able to smooth it out. That's one concern. Of course, permit fees and the length of time everything takes, it's unforgivable from when you start and when you finish and actually build a dwelling. And God forbid if the homeowner ever tries to do this totally on their own. By the time they get through, they'll feel like they just finished a four-year college course. MS. KEMP: I understand. Okay. So we just want to -- you know, we raise that question. Why is the Army Corps involved in permitting if they're out of their jurisdiction? And we'd like you to keep that on your-- in your mind. Okay. Thank you. CHAIRMAN CARTER: Thank you, ma'am. I appreciate your comments and input. This is really important that citizens relate to us their concerns so that we can do and work with these issues. It's a Page 88 October 16, 2001 concern of all of us. We want to do the right thing. You know, we don't want to infringe on what you have worked so hard to achieve. You're right. You have everything in this, and I know you want to be good stewards of the land, too, and but you get totally frustrated by the how you can live and what you can you want to do the right things, agency process and how it affects do and can't do. And it's a challenge for all of us to make sure that your rights are protected and that we look out for the overall good and uses of land and water and everything in a community. So keep talking to us and your -- Commissioner Henning is right. You couldn't have a better commissioner than Commissioner Coletta representing your area. He is a hard-working guy that rolls up his sleeves and gets out there. And, believe me, this commissioner relies very much on the input that he provides us on the dais on his assessment of the situation. I value him a great deal, and I listen intently to what he has to say. We don't always agree with each other, but for the most part we get along pretty well. He's bigger than I am, so I got to kind of watch out what I say. But thank you for being here. MR. MUDD: The one thing on the Corps side of the house for regulatory -- and it seems to -- I heard it a couple times today -- but the Clean Water Act, when it -- when it came up with the 401 and the 404 type permits, that was given to the Environmental Protection Agency who delegated to the Corps of Engineers because they weren't able to do the permitting process at all. And there was some executive direction where the Corps got into that process. That's one of these missions that the Corps of Engineers would like to get rid of. Okay. It's not one they like very much. Okay? Because they're trying to help people do the process, and at the same time you're going out there saying, "How can I help you with flood control" and at the same -- and then, in the other hand, we're looking and saying Page 89 October 16, 2001 there's some permit -- I use the term "we." Okay. It was an old term "we," all right. But at the same time they're having to issue a permit. So, Kelly, I'd ask you to go back and go over the general permit process thats supposedly has lapsed. Take a look at the nationwide permits, and see if we can get that information down here and get it out to the folks in Golden Gate Estates and get it to you, Cindy, so that you know where the boundaries are in that process. I think it would help a little bit. But the delegation was to the Environmental Protection Agency, and they gave it to the Corps based on executive order. So I will also tell you that the Corps has an appeals process. So if you get permit denial or something like that, you can appeal that permit denial back up through to the higher level into the Corps. And if you really get denied, and there is a way to get back into the EPA channel also in that permit process. So it's a couple of unknown facts that are out there that the listening audience needs to know -- know about. Commissioner, that's the end of the public speakers and subject to questions, turn it back to you. CHAIRMAN CARTER: I'll defer to fellow commissioners. Any other questions or comments that you would like to have? COMMISSIONER COLETTA: Once again, this has been a very informative meeting. I feel like I'm a little better equipped now that I have another tool in my toolbox, as they say. CHAIRMAN CARTER: Right. Commissioner Mac'Kie? COMMISSIONER MAC'KIE: Nope. Thank you. CHAIRMAN CARTER: Commissioner Fiala? COMMISSIONER FIALA: No. Just appreciated all of the input and time that you-all spent putting this together for us. CHAIRMAN CARTER: Commissioner Henning? COMMISSIONER HENNING: No, sir. Page 90 October 16, 2001 CHAIRMAN CARTER: All right. Thank you, Guss, for being here. Thank you, participants in the audience. Thank you, listening audience. Thank you, Mr. Mudd, for an excellent workshop. We stand adjourned. God bless America. There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 12:30 p.m. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL CHAIRMAN~AMES D. CARTER, PH.D. These minutes ~ approved by the Board on ////~/~/ presented ~'~ or as corrected . , as TRANSCRIPT PREPARED ON BEHALF OF DONOVAN COURT REPORTING, INC., BY CAROLYN J. FORD, NOTARY PUBLIC Page 91