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BCC Minutes 05/02/2000 R May 2, 2000 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, May 2, 2000 LET IT BE REMEMBERED, that the Board of County Commissioners, in and for the County of Collier, and also acting as the Board of Zoning Appeals and as the governing board(s) of such special districts as have been created according to law and having conducted business herein, met on this date at 9:00 a.m. in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: ALSO PRESENT: Timothy J. Constantine Barbara B. Berry James D. Carter (Via conference phone) Pamela S. Mac'Kie John C. Norris Tom Olliff, County Manager David Weigel, County Attorney Page I COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA Tuesday, May2, 2000 9:00 a.m. NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. COLLIER COUNTY ORDINANCE NO. 99.22 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS". ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5) MINUTES UNLESS PERMISSION FOR ADDITIONAL TIME IS GRANTED BY THE CHAIRMAN. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIERCOUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMITRAIL, NAPLES, FLORIDA, 34112,(941) 774-8380; ASSISTED LISTENING DEVICES FOR THEHEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1 May 2, 2000 e m INVOCATION - Reverend Grant Thigpen, New Hope Ministries PLEDGE OF ALLEGIANCE APPROVAL OF AGENDAS A. APPROVAL OF CONSENT AGENDA. B. APPROVAL OF SUMMARY AGENDA. C. APPROVAL OF REGULAR AGENDA. APPROVAL OF MINUTES A. March 28, 2000 - Regular meeting. B. April 4, 2000 - Special meeting. C. April 11, 2000 - Regular meeting. PROCLAMATIONS AND SERVICE AWARDS A, PROCLAMATIONS 1) Proclamation proclaiming the month of May 2000 as Mental Health Month. To be accepted by Ms. Mary Cooper, Executive Director, Mental Health Association of Naples 2) Proclamation proclaiming the month of May as National Drug Court Month. To be accepted by The Honorable William L. Blackwell, Chief Judge, 20th Judicial Circuit, State of Florida 3) Proclamation proclaiming the week of May 1-7, 2000 as Worthy Wage Week. To be accepted by Ms. Myra Shapiro, President, Naples Alliance for Children 4) Proclamation proclaiming the month of May as Sea Turtle Public Awareness Month. To be accepted by Ms. Maura C. Kraus, Senior Environmentalist, Natural Resources Department, Collier County SERVICE AWARDS 1) 2) 3) Ronald Dillard, PWED - 5 years Anna Rubin, Library - 5 years Rhonda Watkins, Pollution Control & Prevention - 10 years 2 May 2, 2000 4) ~) ~) ?) Frank Petito, Aquatic Plant Control - 10 years Edward Chesser, Parks and Rec. - 10 years Matthew Vila, EMS - 10 years Walter Suttlemyre, Building Review & Permitting - 15 years PRESENTATIONS 1) Presentation regarding the Golden Gate brush fires. APPROVAL OF CLERK'S REPORT A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES. PUBLIC PETITIONS COUNTY MANAGER'S REPORT A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Analysis of the Java plum invasive exotics plant. PUBLIC WORKS 1) Obtain Board direction on the sale or transfer of the Marco Island sewer facilities, service area rights, and customer base. 2) A report to the Board on the Solid Waste Element of the Collier County Growth Management Plan. 3) Award a construction contract to Better Roads, Inc. for Pine Ridge Road (C.R. 31 to Logan Blvd.) Six Lane Improvements, Bid No. 00-3054; Project No. 60111, CIE 41. 4) 5) 6) This item has been deleted. This item has been deleted. Approve Change Order No. 1 to Contract No. 00-3033, Hideaway Beach T-Groin Construction. 3 May 2, 2000 10. 11. 7) Reappropriation of Tourist Development Tax funding for the Clam Pass Inlet Management project. PUBLIC SERVICES SUPPORT SERVICES COUNTY MANAGER 1) Presentation of the County Manager's Plan of Organization. AIRPORT AUTHORITY EMERGENCY SERVICES 1) CPR training report. COUNTY ATTORNEY'S REPORT To present the' report of the County's Coastal and Ocean Engineering Expert and Legal Counsel regarding the 1995-1996 Beach Restoration Project. BOARD OF COUNTY COMMISSIONERS A. Appointment of member to the Rural Fringe Area Assessment Oversight Committee. B. Appointment of members to the Radio Road Beautification Advisory Committee. C. Appointment of members to the Tourist Development Council. OTHER ITEMS A. OTHER CONSTITUTIONAL OFFICERS 4 May 2, 2000 B. PUBLIC COMMENT ON GENERAL TOPICS PUBLIC HEARINGS WILL BE HEARD IMMEDIATELY FOLLOWING STAFF ITEMS 12. 13. 14. 15. ADVERTISED PUBLIC HEARINGS - BCC A. COMPREHENSIVE PLAN AMENDMENTS B. ZONING AMENDMENTS C. OTHER 1) Consideration to adopt an ordinance amending Collier County Ordinance No. 86-41, as amended, the ordinance establishing standards for creation and review of county boards; amending Section Five, Qualifications and Requirements for Membership on Boards; providing for automatic removal of members who are plaintiffs in lawsuits against Collier County; providing for conflict and severability; providing for inclusion in Code of Laws and Ordinances; and providing an effective date. BOARD OF ZONING APPEALS A. ADVERTISED PUBLIC HEARINGS B. OTHER STAFF'S COMMUNICATIONS BOARD OF COUNTY COMMISSIONERS' COMMUNICATIONS 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Recommendation to approve Commercial Excavation Permit No. 59.703 "SR 846 Land Trust Commercial Excavation" located in Sections 1 &2, Township 48 South, Range 27 East and Sections 35&36, Township 47 South, Range 27 East, bounded on the north and west by land zoned 5 May 2, 2000 Agricultural, on the south and east by land zoned Estates, and on the west by CR 846 and then land zoned Agricultural. 2) Award of Bid 00-3048 for adificial reef construction. 3) Resolution to extend the Lake Trafford Restoration Ad Hoc Task Force through May 7, 2001 and re-appoint/appoint members. 4) Authorize the Chairman to sign a letter of support on behalf of the Southwest Florida Regional Planning Council and its overall Economic Development Program. 5) Enter a Flood Mitigation Contract with the Florida Department of Community Affairs (DCA) to supervise rehabilitation of a repetitive loss home. 6) Approve a budget amendment and appropriate funds for telecommunications consultant. 7) Request to approve for recording the final plat of "Indigo Lakes, Unit 2", and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the Performance Security. PUBLIC WORKS 1) This item has been deleted. 2) Approve a Work Order in the amount of $74,627 for Construction Engineering and Inspection (CEI) Services for intersection improvements at Immokalee Road (CR 846) and Randall Boulevard. 3) Rejection of proposals received for Bid No. 99-3026 for the purchase of two trackhoes. 4) Recommendation that the Board of County Commissioners award Bid #00-3050 for Pelican Bay Cattail Removal to Aquatic Plants of Florida, ; May 2, 2000 Inc. and approve the necessary Budget Amendment. 5) Recommendation that the Board of County Commissioners award Bid #00-3052 for Pelican Bay streetlights, sign poles & luminaries to Consolidated Electric Distribution, Inc. and approve the necessary Budget Amendment. 6) Approve final ranking of consultants for engineering services related to Pelican Bay Fire/Irrigation Water Improvements, RFP 00-3051, Project 74023. 7) This item has been deleted. 8) Request approval for the standardization and purchase of traffic recorders and chargers from Timemark Incorporated. 9) This item has been deleted. lo) Recommendation that the Board of County Commissioners approve a work authorization to prepare the preliminary and final assessment roll for the Pelican Bay Services Division infrastructure. 1'1) Award Bid #00-3045 for Annual Contract for "Jack & Bore and Directional Bore Operations." 12) Approve Contract for Professional Engineering Services by CH2M Hill, for Immokalee Road (C.R. 951 to 43rd Ave. N.E.) Four Lane Design, RFP #99-3O2O. 13) Recommendation that the Board of County Commissioners reject Bid #00- 3060 for the purchase and installation of Pelican Bay street signs. 14) Recommendation that the Board of Collier County Commissioners approve Work Order ABB-FT-00-04 and authorize the Public Works Engineering Department Director to execute the Work Order. 7 May 2, 2000 '15) This item has been deleted. 16) Approve an Interagency Agreement between Collier County and the State of Florida, Department of Corrections, Hendry Correctional Institution, for continued use of inmate labor in road maintenance activities. Award Bid #00-3061 for South County Regional Water Treatment Facility Sludge Pond Clean-out. 18) This item has been deleted. 19) This item has been deleted. 20) To obtain Board approval for an Amendment to Work Order #VB-99-03 with Vanderbilt Bay Construction, Inc. for the construction of an entry sign at Bayshore Drive Project No. 66069. 21) Approve Work Order #TBE-FT-00-03 with Tampa Bay Engineering, Inc. for traffic analysis and signing & marking design for the proposed widening of Vanderbilt Beach Road from Airport Road to CR-951 (Collier Boulevard), Project No. 63051, CIE #63. 22) Approve a Contract for a Grade Separation Study to Kimley-Horn and Associates, Inc. Project No. 60017. 23) Approve Work Order No. SMT-FT-00-05 with Southern Mapping Technology, Inc. for right of way mapping and cross section survey for the proposed widening of Vanderbilt Beach Road from Airport Road to CR- 951 (Collier Boulevard), Project No. 63051, CIE #63. 24) This item has been deleted. 8 May 2, 2000 2,5) This item has been deleted. 26) Approve Amendment to Professional Services Agreement with Metcalf & Eddy, Inc. related to the North County Regional Water Treatment Plant, Contract 95-2323, Project 70887, 70890 and 70859. 27) Approve Amendment to Work Order HAA-FT-00-02 for engineering services related to noise issues at the North County Regional Water Treatment Plant, Project 70063. 28) This item has been deleted. 29) Approve staff ranking of firms for contract negotiations for RFP ¢¢00-3046, "Solid Waste Characterization and Program Analysis". PUBLIC SERVICES 1) To award bid to the recommended bidder to ra-sod and renovate a soccer/football field at Vineyards and Max Hasse Parks. SUPPORT SERVICES 1) Approval and Execution for Satisfactions of Claim of Liens for Water and/or Sewer System Impact Fees. 2) Approval and Execution of Satisfactions of Notice of Promise to Pay and Agreement to Extend Payment of Water and/or Sewer System Impact Fees. 3) Authorization to Execute Satisfaction of Lien Documents Filed Against Real Property for Abatement of Nuisance and Direct the Clerk of Courts to Record Same in the Public Records of Collier County, Florida. 4) A Resolution for Approving the Satisfaction of Lien for a Certain Residential Account Wherein the County has received Payment and Said Lien is Satisfied in Full for the 1992 Solid Waste Collection and Disposal Services Special Assessments. ; May 2, 2000 s) A Resolution for Approving the Satisfaction of Liens for Certain Residential Accounts Wherein the County has received Payment and Said Liens are Satisfied in Full for the 1993 Solid Waste Collection and Disposal Services Special Assessments. 6) A Resolution for Approving the Satisfaction of Lien for a Certain Residential Account Wherein the County has received Payment and Said Lien is Satisfied in Full for the 1991 Solid Waste Collection and Disposal Services Special Assessments. 7) A Resolution for Approving the Satisfaction of Liens for Certain Residential Accounts Wherein the County has received Payment and Said Liens are Satisfied in Full for the 1994 Solid Waste Collection and Disposal Services Special Assessments. 8) This item has been deleted. 9) Authorize Purchase of Camera Equipment for the Board Room. lo) Approval of a Budget Amendment for ADA Improvements for a Circuit Judge and Better Utilization of Space in the Health and Public Services Building. 11) Award of RFP 00-3041, Analytical Laboratory Services, COUNTY MANAGER 1) Approval of Budget Amendment Report - Budget Amendment #00-196; #00-197; #00-200; #00-201; #00-213. BOARD OF COUNTY COMMISSIONERS EMERGENCY SERVICES MISCELLANEOUS CORRESPONDENCE 1o May 2, 2000 1) Miscellaneous items to file for record with action as directed OTHER CONSTITUTIONAL OFFICERS 1) Approval of a lease agreement with William F. Hiniker and Carole Ann Hiniker for office space to be used by the Sheriff's Office. COUNTY ATTORNEY 1) Recommendation that the Board of County Commissioners approve the Stipulated Final Judgment relative to the easement acquisition on Parcel No. 111 in the lawsuit entitled Collier County v. Jose L. Rey, et al., Case No. 99-3683-CA (Golden Gate Boulevard between C.R. 951 and Wilson Boulevard). AIRPORT AUTHORITY 1) Authorize Board Chairman to execute documents for the Economic Development Administration (EDA) Grant for the Collier County Airport Authority (CCAA) in the amount of $1,230,000. 17. SUMMARY AGENDA- THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. Petition VAC 00-006 to vacate portions of ingress, egress, drainage, utility, County Utility, temporary drainage and temporary turnaround easements being portions of the Plats "Tollgate Commercial Center Phase Two" and "Tollgate Commercial Center Phase Three", and recorded in Plat Book 18, Pages 23 and 24 and Plat Book 22, Pages 95 through 100, respectively, in the Public Records of Collier County, Florida, and to accept alternate drainage and utility easements. 18. ADJOURN I1 May 2, 2000 INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. 12 May 2, 2000 May 2, 2000 Item #3A, 3B AND 3C CONSENT, SUMMARY AND REGULAR AGENDA - APPROVED AND/OR ADOPTED WITH CHANGES CHAIRMAN CONSTANTINE: Good morning, and welcome to the May 2nd, 2000 meeting of the Board of County Commissioners of Collier County. If you'd stand and join me, we have the Reverend Grant Thigpen with the New Hope Ministries with the invocation, and if you'd remain standing, we'll have the pledge to the flag. REVEREND THIGPEN: Heavenly Father, we approach your throne of grace this morning with thankful hearts. Lord, we acknowledge your presence, but we seek your blessing, as we conduct the necessary business of government. Lord, we just thank you this morning that you will lead us, guide us, that this will be a productive day and pleasing in your sight. These things we ask in the name of Jesus, amen. (Pledge of allegiance said in unison.) CHAIRMAN CONSTANTINE: Mr. Olliff, I understand we have a few changes to the agenda? MR. OLLIFF: Good morning. We do. From the change list, I'll start from the bottom and work my way up. There is an add being requested, or at least an issue that will be discussed under the BCC discussion regarding a joint Lee/Collier County meeting under the Board of County Commissioners. CHAIRMAN CONSTANTINE: I had put that under Item No. 10. I don't really care if you want to do it under communications, it's fine by me. COMMISSIONER MAC'KIE: I need a change sheet. Somehow I don't have one. CHAIRMAN CONSTANTINE: I'll share. COMMISSIONER MAC'KIE: All right. MR. OLLIFF: If we put that under the board of county commissioners, that would end up being Item 10(D). CHAIRMAN CONSTANTINE: Okay. MR. OLLIFF: There's also a staff request that we withdraw an item off of your consent agenda, which would be item 16(B)(4), which was an award within Pelican Bay for some cattail Page 2 May 2, 2000 removal services. There's also a staff request that we continue Item 8(B)(7), which is the tourist development tax funding for Clam Pass Inlet Management Project. COMMISSIONER MAC'KIE: Why? MR. OLLIFF: There's some funding issues there that, frankly, I wasn't satisfied with on the executive summary, and we're going to continue that till the next meeting. COMMISSIONER MAC'KIE: Okay, thank you. MR. OLLIFF: And the last request is a request from Commissioner Mac'Kie that we add a proclamation for Teen Pregnancy Prevention Awareness Month. And I believe you were all handed out a copy of the proclamation in advance of the meeting. COMMISSIONER MAC'KIE: Yeah, if I could just comment on that, board members. I think -- well, I know that there had been some controversy associated with that proclamation a couple of years ago. Primarily, as I understood it, because it had been sponsored by Planned Parenthood, and that there was some confusion about whether or not it advocated any controversial issues like abortion or birth control or anything like that for teenagers. Last year the proclamation was put back on the agenda, because it was sponsored by a community-wide coalition. And I've sent you a memo -- and I hope you've all read it -- showing the listing of who are the members of that community coalition. I'm hopeful that the proclamation not being on this week's agenda was just resulted from some misunderstanding about who was sponsoring it. Because the sponsor is exactly the same as last year, and the wording of the proclamation is almost identical. It-- CHAIRMAN CONSTANTINE: Is there any objection to putting (5)(A) on? COMMISSIONER BERRY: I'm not pleased. I would like to offer some alternative wording. COMMISSIONER MAC'KIE: Well, let's discuss it. If we could put it on the agenda, then we could discuss it at that point. CHAIRMAN CONSTANTINE: All right. It will -- it looks like we might have some disagreement whether or not to put it on the agenda. Page 3 May 2, 2000 COMMISSIONER MAC'KIE.' Commissioner Berry, would you mind if we put it on the agenda and discuss alternatives as it appears on the agenda? COMMISSIONER BERRY: Well, what I'd really like to do is offer an alternative to that particular proclamation, which is totally different verbiage. And I'm not sure, Commissioner, that you're going to approve of mine because mine's more -- actually, maybe -- I guess, let's say, it's a more conservative stance. COMMISSIONER MAC'KIE: Why don't I continue my request then to the next meeting, and we could consider them both at that time. COMMISSIONER BERRY: All right. I'd be happy to do that. COMMISSIONER MAC'KIE: Is that okay? CHAIRMAN CONSTANTINE: That's great. COMMISSIONER BERRY: In the meantime, I will provide the wording on a particular proclamation that I'm interested in. COMMISSIONER MAC'KIE: Perfect. COMMISSIONER BERRY: It would accomplish the same thing, it just takes a stronger stance. COMMISSIONER MAC'KIE: Okay. MR. OLLIFF: That's all the changes. CHAIRMAN CONSTANTINE: Mr. Weigel, do you have any changes? MR. WEIGEL: None, thank you. CHAIRMAN CONSTANTINE: Good answer. Commissioner Berry? COMMISSIONER BERRY: 16(A)(3), please. COMMISSIONER NORRIS: 16(A)(3)? CHAIRMAN CONSTANTINE: 16(A)(3) will become 8(A)(2). Commissioner Norris? COMMISSIONER NORRIS: 10(E), concerning Frank Blanchard. CHAIRMAN CONSTANTINE: 10(E)-- COMMISSIONER NORRIS: Uh-huh. CHAIRMAN CONSTANTINE: -- Frank Blanchard. COMMISSIONER MAC'KIE: Give us some clue so we can be prepared. COMMISSIONER BERRY: What number is that? CHAIRMAN CONSTANTINE: 10(E). COMMISSIONER NORRIS: That's 10(E). Page 4 May 2, 2000 COMMISSIONER MAC'KIE: Maybe I should -- maybe I'm just out of touch that I don't know what the issue is of revolving Mr. Blanchard. COMMISSIONER NORRIS: Well, it's not actually an issue, it's Okay. -- it's just perhaps a letter of COMMISSIONER MAC'KIE: COMMISSIONER NORRIS: commendation or a plaque or something. CHAIRMAN CONSTANTINE: Sure. COMMISSIONER MAC'KIE: Thank you. CHAIRMAN CONSTANTINE: Any changes? COMMISSIONER MAC'KIE: I have none -- oh, I have one abstention. I'm sorry. Darn it. The Indigo Lakes plat, I need to abstain from that matter. It's a client. CHAIRMAN CONSTANTINE: I have one other addition, 10(F), brief discussion regarding the impact fee issue. COMMISSIONER NORRIS: Regarding? Excuse me? CHAIRMAN CONSTANTINE: Impact fees. COMMISSIONER NORRIS: Impact fees. CHAIRMAN CONSTANTINE: Don't know if you've heard anything about that. COMMISSIONER NORRIS: What are impact fees? COMMISSIONER MAC'KIE: You know, those things that we don't collect. CHAIRMAN CONSTANTINE: I was just going to ask the same question. COMMISSIONER NORRIS: From what I read, I don't care about it. COMMISSIONER BERRY: From those uncaring commissioners. CHAIRMAN CONSTANTINE: Five very funny people. Is there any other -- are there any other changes to the agenda? If not, we'll entertain a motion to approve. COMMISSIONER MAC'KIE: So moved. COMMISSIONER NORRIS: I'll make a motion that we approve the consent agenda, summary agenda and regular agenda with the -- COMMISSIONER MAC'KIE: Second. COMMISSIONER NORRIS: -- changes as noted. CHAIRMAN CONSTANTINE: Motion and a second. Any Page 5 May 2, 2000 discussion? (No response.) CHAIRMAN CONSTANTINE: (No response.) CHAIRMAN CONSTANTINE: Seeing none, any objection? Seeing none, motion carries 4-0. Page 6 BO~ OF CO~TY COMMISSIONERS~ MEETING ,~DD~ ITEM S~A~S~ . PROCLAMATION FOR TEEN PREGNANCY PREVENTION AWAREIqESS MONTH. (COMMISSIONER MAC'KIE) CONTINUE: ITEM I~BW7~ - REAPPROPRIATION DEVELOPMENT TAX FUNDING FOR THE CLAM MANAGEMENT PROJECT. (STAFF'8 REQUEST). OF TOURIST PASS INLET WITHDRAW: ITEM 16~B~f4) -.RECOMMENDATION TO AWARD BID 31]52 FOR PELICAN BAY CATTAIL REMOVAL TO AQUATIC PLANTS OF FLORIDA, INC. (STAFF'S REQUEST). ~CC DISCUSSIONS: JOINT LEE/COLLIER MEETING, (COMMISSIONER CONSTANTINE) May 2, 2000 Item #4A, 4B and 4C MINUTES OF MARCH 28, 2000 REGULAR, APRIL 4, 2000 SPECIAL AND APRIL 11, 2000 MEETINGS - APPROVED AS PRESENTED Approval of minutes? COMMISSIONER MAC'KIE: Move approval of March 28th, April 4th, and April 11th. COMMISSIONER NORRIS: Second. COMMISSIONER BERRY: Second. CHAIRMAN CONSTANTINE: discussion? (No response.) CHAIRMAN CONSTANTINE: (No response.) CHAIRMAN CONSTANTINE: Motion and a second. Any Any objection? Motion carries 4-0. Item #5A1 PROCLAMATION PROCLAIMING THE MONTH OF MAY, 2000 AS MENTAL HEALTH MONTH -ADOPTED That takes us on to the proclamations and service awards, Item 5(A)(1), proclamation proclaiming the month of May, 2000 as Mental Health Month. Commissioner Mac'Kie. COMMISSIONER MAC'KIE: Yes. I'm honored to read this proclamation on such an important issue, and I'd ask Mary Cooper and whomever else she has brought with her. MS. COOPER: Our board president, Marlene Mead. COMMISSIONER MAC'KIE: Thank you. And if you would come stand here in front of the board so we can read it and take the appropriate photographs, we'd appreciate that. Proclamation reads: WHEREAS, mental health is critical for the well-being and vitality of our families, businesses and communities; and WHEREAS, mental illness will strike one in five Americans in a given year, regardless of age, gender, race, ethnicity, religion or economic status; and WHEREAS, one in five children suffers from a diagnosable mental or emotional disorder, and one in 10 has a serious Page 7 May 2, 2000 disorder, which if untreated can lead to school failure, addiction and even suicide; and WHEREAS, mental disorders collectively make mental illness the most prevalent health problem in America today, more common than cancer, lung and heart disease combined; and WHEREAS, the National Mental Health Association, the Mental Health Association of Collier County, and their partners observe Mental Health Month each year in May to raise awareness of mental health, mental illnesses and insurance discrimination against people with mental illnesses. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida that the month of May, 2000 be designated Mental Health Month in Collier County, and call upon all citizens, government agencies, public and private institutions, businesses and schools in Collier County to recommit our community to increase awareness and understanding of mental illness and the need for appropriate and accessible services for all people with mental illnesses. DONE AND ORDERED THIS 2nd day of May, 2000, Board of County Commissioners, Timothy J. Constantine, Chairman. I move we accept this proclamation. COMMISSIONER NORRIS: Second. CHAIRMAN CONSTANTINE: Motion and a second. Any discussion? (No response.) CHAIRMAN CONSTANTINE: All those in favor, please state aye. (Unanimous vote of ayes.) CHAIRMAN CONSTANTINE: Motion carries 4-0. (Applause.) COMMISSIONER MAC'KIE: Oh, that's the poster that the kids -- you're going to tell us about that, aren't you? MS. COOPER: Sure. COMMISSIONER MAC'KIE: That's great. COMMISSIONER BERRY: Knowing that I like food, Mary, this is very appropriate. MS. COOPER: Great, okay. On behalf of the Mental Health Association of Collier County and those whom we serve through our varied, informational, education, prevention and support services, and on behalf of our Page 8 May 2, 2000 dedicated community of caring mental health providers, the Mental Health Association, represented here today by Marlene Mead, our board president, and myself, Mary Cooper, we gratefully accept this proclamation for Mental Health Month. The Mental Health Association is sponsoring a number of programs throughout this month to enhance the mental health of our entire community. We are also providing hundreds of volunteers for next Sunday's Taste of Collier on Third Street South. This is sponsored by the Florida Restaurant Association, Collier County chapter, and we are honored to partner with them and other organizations throughout the community who are participating. We invite each one of you to attend, and we are happy to give each one of you a little free advertising, which we hope you will wear proudly and enjoy for years to come. Thank you very much. CHAIRMAN CONSTANTINE: Thank you very much. COMMISSIONER BERRY: Thank you. CHAIRMAN CONSTANTINE: We'll just mention it once an hour, Mary. MS. COOPER: Okay, that's wonderful, thank you. Item #5A2 PROCLAMATION PROCLAIMING THE MONTH OF MAY AS NATIONAL DRUG COURT MONTH - ADOPTED CHAIRMAN CONSTANTINE: Next I have a proclamation proclaiming the month of May as National Drug Court Month. I believe the Honorable Bill Blackwell is with us. Chief Judge, good morning. JUDGE BLACKWELL: Good morning. Good morning. CHAIRMAN CONSTANTINE: Our proclamation reads as follows: WHEREAS, drug courts provides the focus and leadership for community-wide anti-drug systems -- please face them. The TV cameras will all pick you up -- bringing together criminal justice, treatment, education and other community partners in the fight against drug abuse and criminality; and WHEREAS, drug court programs combine intensive judicial Page 9 May 2, 2000 supervision, mandatory substance abuse treatment and drug testing, and escalating sanctions and incentives in order to break the cycle of drug addition and its concomitant crime. WHEREAS, the judge, prosecutors, defense attorneys, treatment and rehab professionals, law enforcement and corrections personnel, researchers and educators, national and community leaders and others dedicated to the movement have had a profound impact through hard work and commitment to their communities; and WHEREAS, the drug court movement has grown from the 12 original drug courts in 1994 to over 700 drug courts that are in operation or in the planning stages. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida that the month of May, 2000 be designated as National Drug Court Month, and urge you to recognize the practitioners and participants who make drug courts work, and the significant contributions the drug courts have made and continue to make in reducing drug usage and crime. DONE AND ORDERED THIS 2nd day of May, BCC, Collier County, Florida, Timothy J. Constantine. I move approval. COMMISSIONER MAC'KIE: Second. COMMISSIONER NORRIS: Second. Motion and a second. All those CHAIRMAN CONSTANTINE: in favor, please state aye. (Unanimous votes of ayes.) CHAIRMAN CONSTANTINE: (Applause.) Motion carries 4-0. Item #5A3 PROCLAMATION PROCLAIMING THE WEEK OF MAY 1-7, 2000 AS WORTHY WAGE WEEK CHAIRMAN CONSTANTINE: Commissioner Norris, you have a proclamation for Worthy Wage Week. COMMISSIONER NORRIS: I sure do. CHAIRMAN CONSTANTINE: Say that three times fast. COMMISSIONER NORRIS: Yes, let's see if we can get that Page 10 May 2, 2000 one. We need to see if Myra Shapiro will come up, Get up here and face the folks. MS. SHAPIRO: And I'd like to introduce Patti Young, our Worthy Wage chair. COMMISSIONER NORRIS: Okay, thank you. WHEREAS, the Naples Alliance for Children and other organizations nationwide are recognizing Worthy Wage Week, Monday, May 1st, through Sunday, May 7th, 2000; and WHEREAS, of the 21 million children under six in America, 13 million are in child care at least part-time; an additional 24 million school-aged children are in some form of child care outside of school time; and WHEREAS, of the 15,000 children under six in Collier County, 5,603 are in child care at least part-time; an additional 3,095 school-aged children are in some form of child care outside of school time; and WHEREAS, by calling attention to the importance of high quality child care service for all children and families within Collier County, Florida, Naples Alliance for Children hopes to improve the quality and availability of such service; and WHEREAS, our future depends on the quality of early childhood experiences provided to young children today. High quality early childcare services represent a worthy commitment to our children's futures; and WHEREAS, quality early childcare depends on skilled and nurturing teachers, a worthy wage is required. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida that the week of May 1st to 7th, 2000 be designated as Worthy Wage Week in Collier County, Florida, and urges all citizens to recognize the need for a worthy wage for early childhood teachers and staff. DONE AND ORDERED THIS 2nd day of May, 2000 by the Board of County Commissioners, Collier County, Florida, Timothy J. Constantine, Chairman. And Mr. Chairman, I'd like to move acceptance of this proclamation. COMMISSIONER MAC'KIE: Second. CHAIRMAN CONSTANTINE: Motion and a second. All those in favor, state aye. Page 11 May 2, 2000 (Unanimous votes of ayes.) CHAIRMAN CONSTANTINE: Motion carries unanimously. (Applause.) COMMISSIONER MAC'KIE: I've got to tell you guys, this time last year when they did this, I went and spent some time in a day care center to do a little of the work that these day care workers do. I thought being a mommy was hard. It's a tough, tough and incredibly important job they do. MS. SHAPIRO: And thank you so much. We appreciate your support. And I also am thinking way back, I don't know if Commissioner Norris remembers, but I think you went on one of our first child care tours when you -- before you even sat at this place; when you were just starting on your road to politics. Parents can't afford to pay. Teachers and providers can't afford to stay in child care. There has to be a better way. That's the slogan for the Worthy Wage campaign. We ask you and the community to join us in giving our child care workers a worthy wage and find a better way to do that. Thank you very much for your support. And we'd like to encourage you to wear your button proudly, not just this week, but for the rest of the year. Thank you. And you do have our child care directory, which is new. It's free to anyone. Just if you know anyone else who wants it, just let us know. And I'd like to leave one here for the county. COMMISSIONER MAC'KIE: And Myra, those are also available in the libraries? MS. SHAPIRO: Yes, they will be in the libraries. They're going to be distributed through the schools, the libraries, all the business community. COMMISSIONER MAC'KIE: Wonderful source. MS. SHAPIRO: Thank you. Item #5A4 PROCLAMATION PROCLAIMING THE MONTH OF MAY AS SEA TURTLE PUBLIC AWARENESS MONTH - ADOPTED CHAIRMAN CONSTANTINE: Commissioner Berry, I understand you have a proclamation for Sea Turtle Public Awareness Month. Page 12 May 2, 2000 COMMISSIONER BERRY: Yes, I do. If I could have Ms. Kraus come forward, if she's here, please. She's the senior environmentalist with the Natural Resource Department right here in Collier County. The proclamation reads as follows: WHEREAS, the economic and ecological well-being of Collier County is significantly dependent on the county's natural resources; and WHEREAS, sea turtles in Collier County are adversely impacted from coastal development; and WHEREAS, Collier County protects sea turtles and manages artificial lighting through its land development code and beach lighting compliance inspections, and through the Natural Resources Department, Sea Turtle Protection Program; and WHEREAS, the County Beach Lighting Compliance Program has reduced the number of hatchling disorientations since its establishment; and WHEREAS, a vital component of beach lighting compliance is public awareness and education, which is accomplished through brochures, displays, presentations and public service announcements broadcast on the Government Access Station, Cable TV 54, and the visitor's station, Cable TV 38. NOW, THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida that the month of May be designated as Sea Turtle Public Awareness Month. DONE AND ORDERED THIS 2nd day of May, 2000, Board of County Commissioners, Collier County, Florida, Timothy J. Constantine, Chairman. Mr. Chairman, I'd like to move acceptance of this proclamation. COMMISSIONER MAC'KIE: Second. CHAIRMAN CONSTANTINE: Discussion? (No response.) CHAIRMAN CONSTANTINE: of the motion, please state aye. (Unanimous vote of ayes.) CHAIRMAN CONSTANTINE: (Applause.) COMMISSIONER MAC'KIE: Motion and a second. Seeing none, all those in favor Motion carries unanimous. I haven't seen the lights out Page 13 May 2, 2000 bumper stickers so far this year. Are we going to get them? MS. KRAUS: Probably not this year, but we are working towards public service announcements. We have one on Channel 54, which we're going to be showing you right now, and another one on Visitors TV. And we also have posters up and we have two sea turtles that have already nested this year. So the season is off to an early start. CHAIRMAN CONSTANTINE: Thank you very much. MS. KRAUS: Thank you. (Commercial shown.) CHAIRMAN CONSTANTINE: We'll be repeating that catch phrase all day. COMMISSIONER MAC'KIE: Somebody could make a joke about commissioners being in the dark, but it probably wouldn't be appropriate. CHAIRMAN CONSTANTINE: Yeah, kind of a long pause waiting for that one. Item #5B EMPLOYEE SERVICE AWARDS - PRESENTED We have a number of service awards for our hard-working employees today. We have a couple of folks who have been here for five years. First receiving his five-year certificate and pin, Ronald Dillard. (Applause.) CHAIRMAN CONSTANTINE: in our library, Anna Rubin. (Applause.) CHAIRMAN CONSTANTINE: prevention, Rhonda Watkins. (Applause.) CHAIRMAN CONSTANTINE: Frank Petito. (Applause.) CHAIRMAN CONSTANTINE: Recreation, Ed Chesser. (Applause.) CHAIRMAN CONSTANTINE: Also with five years in currently 10 years with pollution 10 years aquatic plant control, 10 years with Parks and Also with 10 years, Matthew Page 14 May 2, 2000 Vila. (Applause.) CHAIRMAN CONSTANTINE: And our big winner today with 15 years working for Collier County right now in inspection and plan review, Gene Suttlemyre. (Applause.) Item #5C PRESENTATION REGARDING THE GOLDEN GATE BRUSH FIRES - PROCLAMATIONS OF APPRECIATION PRESENTED TO STATE AND COUNTY PERSONNEL INVOLVED IN GOLDEN GATE BRUSH FIRE CHAIRMAN CONSTANTINE: Mr. Olliff, I understand we've put together a special presentation today regarding the Golden Gate brush fires, and some of the folks who did their hard work there. MR. OLLIFF: We have. And if I could ask Gary -- CHAIRMAN CONSTANTINE: Gary, if you'd just give us kind of like a 60-second version of how the whole thing unfolded and all the various agencies involved. Because we have awards here for a number of folks, but rather than simply hand them out, I wanted to just get a capsule view of how many different agencies actually came together working on this thing. MR. ARNOLD: It's amazing, but in 60 seconds, that's difficult to do with the number of people we had out there. At one point, there were over 250 firefighters from the state, some federal agencies, Division of Forestry, and I believe something like 12 counties in South Florida, as far north as Manatee, and to the east as far away as Palm Beach County were here. We had structural teams, we had wild fire teams, we had The Salvation Army, The Red Cross, The Jaycees providing three meals -- actually four meals a day for the overnight crew to get lunch as well. I really hate to list people, because I know I'm going to forget someone. CHAIRMAN CONSTANTINE: We'll take care of the listing people for you, but I just wanted to put a little perspective on that, because this was a huge operation. MR. ARNOLD: And another great thing, too. When the state Page 15 May 2, 2000 team came in, there was some confusion briefly, because they said they weren't used to seeing an area where everyone worked together so well. And that's something that all of us have worked on for years. These guys and the people they work for -- or work with and for, all work year-round to try and make these things go as smoothly as possible. CHAIRMAN CONSTANTINE: I'll tell you, like any community we have our share of concerns and problems and improvements we try to make, but every time we either have a hurricane headed this way or in this case a fire, it makes me feel that much safer, because we have such a great effort concerted and people working together. And so we're going to make sure we recognize some of the people involved in that right now. If -- as I call you, if each one of you would come up and then stay here, so that we'll have all of you here at the same time when we finish. We want to recognize Hank Graham from the Division of Forestry, but Wilbur Chaney actually is here to pick that up. Wilbur, from the Division of Forestry. Also Chief Nat Ippoloto. Chief Steven Moore. Chief Frank Kovarik. Chief Bob Schank. Chief Don Peterson. Chief Ray Alvarez. Chief Rod Rodriguez. Chief Ed Dwyer. Chief James Tobin. Chief Bob Wilson. Our own Gary Arnold. Ken Pineau. And Diane Flagg. Ladies and gentlemen of Collier County, when you saw 16,000 acres burn, these folks made sure it didn't come anywhere near you. Thank you, gentleman. (Applause.) CHAIRMAN CONSTANTINE: Moves us on to the county manager's report. Item -- COMMISSIONER NORRIS: Not quite yet. CHIEF TOBIN: You get to hear from me. COMMISSIONER NORRIS: Chief Tobin is not going to let us -- CHAIRMAN CONSTANTINE: We get to stay with the good part of the meeting. CHIEF TOBIN: Commissioners, I'd like to say, on behalf-- and humbly, on behalf of standing up here for my colleagues here, many of them who spent like myself five days out there without going home, and we'd like to -- we're really surprised and happy that you recognized us. And just very quickly, you know, we'd like to say thank you Page 16 May 2, 2000 to Tom Olliff and good luck in your new position. We'd like to say thank you to The Red Cross, The Salvation Army, The Jaycees, Emergency Management, Collier County EMS. And also congratulations to you and Collier County EMS for being named number one in the state. The fire departments in Collier County responded to over 31,000 calls last year, of which approximately half are EMS calls and hard to believe those other half, around 14 to 15,000 fire related incidences. And the women and the men of the Collier County fire service, we are -- as we are coming into the 21st Century, we are coming more complex and the people that are coming into our organizations are highly skilled, highly motivated, and highly educated individuals who on a daily basis can find themselves faced with a magnitude from a dive rescue in the Gulf of Mexico to fighting brush fires out in the Estates. I did -- you know, we had a lot to say here, but Chief Schank and Chief Peterson and Wilson and Alvarez and Rodriguez, Chief Boon (phonetic) in Marco and Dwyer, Chief Moore, Chief Reed Kovarik. As you can see, the chief from Bonita Springs is also here, Chief Gorley. We'd really like to say thank you for recognizing us. And we really want to say thank you to all the citizens and all the agencies and all the support we got from Collier County government out there in the fires. Thank you. CHAIRMAN CONSTANTINE: Thanks. CHIEF TOBIN: And good luck, Commissioner Berry, Commissioner Norris, Commissioner Constantine in your future, and good luck to you, Commissioner, and -- COMMISSIONER MAC'KIE: For hanging around? CHIEF TOBIN: Good luck in your futures and thank you very much. CHAIRMAN CONSTANTINE: Thank you. (Applause.) Item #8A1 ANALYSIS OF THE JAVA PLUM INVASIVE EXOTICS PLANT - NO ACTION Page 17 May 2, 2000 CHAIRMAN CONSTANTINE: Mr. Oilill, at what point will we be connecting with Commissioner Carter via telephone? MR. OLLIFF: I believe your staff is going to be contacting him during this next item, 8(A)(1). CHAIRMAN CONSTANTINE: If we need to take a brief break for technical hookup, you just keep us posted. MR. OLLIFF: Okay. CHAIRMAN CONSTANTINE: Item 8(A)(1), analysis of the Java plum invasive exotic plant. MS. ARNOLD: Good morning. For the record, Michelle Arnold, your code enforcement director. On the 28th of March you all asked us to come back to you and report on why -- or the history of the Java plum and why it's on our exotics list. This is in response to a citizen's request to be exempt from that requirement to remove it from their property. In our analysis, we found that the Java plum is one of -- is listed on the Category I of pest plants in the State of Florida. It was added to our list in 1991. It's a very aggressive plant, and its seeds or fruit are transported by animals and birds. Our analysis of this particular plant showed that it is aggressive. The county's making efforts itself to remove it from its public plans and community parks. And we don't feel that the single request to exempt the property owner warrants amending any ordinance and removing it from our exotics list. COMMISSIONER MAC'KIE: I frankly just got an education by this staff report and appreciated it and wanted to make a motion that, if a motion is appropriate, that we make no change. We leave the Java plum on the prohibited exotic plant list, now that we know just what a problem it is. COMMISSIONER NORRIS: Just let me clarify to make sure. Leaving it on the list doesn't mean that necessarily that we're going to require people to remove what they have? MS. ARNOLD: No. The code only requires the removal of exotics at the time of the development. And in the case of the public petitioner, it was required for them to remove it at that time. They did not. We got complaints and we took action as far as enforcing it. And as the executive summary identifies, we did have other property owners within that same development that removed Page 18 May 2, 2000 Java plums and other exotics. But the property owner wanted to petition this board to see whether or not they would allow the exemption. COMMISSIONER NORRIS: Okay. COMMISSIONER MAC'KIE: So if a motion's appropriate, Mr. Weigel, my motion is for no change in the ordinance. Is that -- COMMISSIONER BERRY: Right. But what I gather from this, like in the case of -- people are going to see these over around Horseshoe Drive. But they need to understand that those were in place before this ordinance was passed. MS. ARNOLD: Right. COMMISSIONER BERRY: And should they be blown down, they certainly will not be replaced by Java plum. MS. ARNOLD: Right. COMMISSIONER BERRY: There will be something else -- MS. ARNOLD: That's correct. COMMISSIONER BERRY: -- that would be replaced. MS. ARNOLD: Right. COMMISSIONER MAC'KIE: The county's living by the letter of the law exactly as it requires its citizens, too. Exactly the same. MS. ARNOLD: Right. COMMISSIONER BERRY: You know, and of course, you know, and this -- when did this -- did the petitioner -- when did they move in where they are? MS. ARNOLD: '97. COMMISSIONER BERRY: '97. MS. ARNOLD: Yeah. COMMISSIONER BERRY: Okay, so that was several years after this was -- MS. ARNOLD: Yes. COMMISSIONER BERRY: -- put in place. Okay. But wasn't there something else in this case, too, in regard to -- had they been okayed to keep this? MS. ARNOLD: Well, the -- what came out of the case is that -- was a question of whether or not the sign-off on the CO okayed them to keep it. They were aware that it was an exotic and it had to be removed. They wanted to keep it on their property. COMMISSIONER MAC'KIE: Wouldn't the process, though, be appropriate Code Enforcement Board will consider whatever Page 19 May 2, 2000 mitigating factors there are and they'll make a decision. We probably ought to stay out of it and let it go through the normal process, would be my thought. CHAIRMAN CONSTANTINE: So the direction of the board appears to be no change, no proposed change to the ordinance and let the law take its course. COMMISSIONER NORRIS: Do we have a second for that? CHAIRMAN CONSTANTINE: Do we need a motion for that? COMMISSIONER MAC'KIE: Probably not. COMMISSIONER NORRIS: She already made one. COMMISSIONER MAC'KIE: I'll withdraw my motion. COMMISSIONER BERRY: If we can do it. I mean, we're going to -- CHAIRMAN CONSTANTINE: She's withdrawing the motion. COMMISSIONER MAC'KIE: I'll withdraw it. MS. ARNOLD: Thank you. Item #8A2 RESOLUTION 2000-127, EXTENDING THE LAKE TRAFFORD RESTORATION AD HOC TASK FORCE THROUGH MAY 7, 2001 AND RE-APPOINTING/APPOINTING MEMBERS AS INDICATED IN THE EXECUTIVE SUMMARY - ADOPTED WITH THE STIPULATION THAT COMMISSIONER BERRY BE REPLACED WITH THE NEXT DISTRICT 5 COMMISSIONER CHAIRMAN CONSTANTINE: Next item is 8(A)(2), formally 16(A)(3), resolution to extend the Lake Trafford Restoration Ad Hoc Task Force. Commissioner Berry? COMMISSIONER BERRY: Yes. My name is on that. And that task force is being extended until next year, 2001. I'm not going to be on the board, and I would ask then that my name be removed from that task force. COMMISSIONER MAC'KIE: Could we substitute from that and just put whoever is sitting in your seat? CHAIRMAN CONSTANTINE: The District 5 Commissioner. COMMISSIONER BERRY: Doesn't make any difference to me. Do whatever you want to do. COMMISSIONER MAC'KIE: Well, I'd like to -- CHAIRMAN CONSTANTINE: Because you don't care. Page 20 May 2, 2000 COMMISSIONER BERRY: I'm one of those uncaring commissioners. COMMISSIONER MAC'KIE: I'd like to move -- COMMISSIONER BERRY: I don't care. COMMISSIONER MAC'KIE: I move approval of the item with the substitution District 5 commissioner in place of Commissioner Berry's name. COMMISSIONER BERRY: I think that's the appropriate thing to do -- CHAIRMAN CONSTANTINE: Is there a second? COMMISSIONER BERRY: -- would be to go ahead. COMMISSIONER NORRIS: Second. CHAIRMAN CONSTANTINE: MR. OLLIFF: No, sir. CHAIRMAN CONSTANTINE: please state aye. (Unanimous votes of ayes.) CHAIRMAN CONSTANTINE: (No response.) CHAIRMAN CONSTANTINE: Speakers? All those in favor of the motion, Anybody opposed? Motion carries 4-0. Item #8B1 SALE/TRANSFER OF THE MARCO ISLAND SEWER FACILITIES, SERVICE AREA RIGHTS, AND CUSTOMER BASE - STAFF RECOMMENDATION APPROVED TO TRANSFER FACILITIES TO MARCO ISLAND COMMISSIONER MAC'KIE: Hi, Commissioner Carter. COMMISSIONER CARTER: Good morning. CHAIRMAN CONSTANTINE: Hi, Jim. How are you? COMMISSIONER CARTER: I'm doing terrific. CHAIRMAN CONSTANTINE: Glad to hear it. COMMISSIONER CARTER: Okay, where are we on the agenda? CHAIRMAN CONSTANTINE: Item 8(B)(1). COMMISSIONER CARTER: Java plums. CHAIRMAN CONSTANTINE: Actually, 8(B)(1). That would be Item 8(A)(1). COMMISSIONER CARTER: Oh, okay. Page 21 May 2, 2000 CHAIRMAN CONSTANTINE: Which is obtain board direction on the sale or transfer of the Marco Island sewer facilities. Boy, you've come in just in time. COMMISSIONER CARTER: Okay, well, I'm here. COMMISSIONER MAC'KIE: Isn't this just a furthering of direction we've already given to staff a long time ago, and now we're just going to have them implement what we've asked them already to do? CHAIRMAN CONSTANTINE: Let's find out. MR. FINN: Thank you, Mr. Chairman. For the record, Edward Finn interim public works administrator. Yes, ma'am. On December 14th, the board indicated the general willingness to transfer this sewer district to the City of Marco Island at no cost, subject to some further discussion of other purchase offers. In your item, there is a discussion of those other items -- other purchase offers. The most significant one comes from Florida Water Service Corp. They've offered a purchase price of between 3 and $500 per unit to acquire this from the county. That would be a price of somewhere between 3 and $500,000, a sales price. Other than that, the item contains the conditions under which staff has -- will negotiate a contract with the city to move forward. The city has asked for one minor change to the conditions outlined here, and that deals with the concept of a reversion clause. They've asked simply to have that modified a little bit to indicate that the city will not be unreasonably enriched by the potential sale of this asset if they were to elect to sell it within the next, say, five to 10 years, that kind of thing. CHAIRMAN CONSTANTINE: Commissioner Carter is right, this is not a new item for us. Let's go right to the public speakers and then if we have any questions, we can address them after that. MR. OLLIFF: Your first speaker is Patrick Neale. Following Mr. Neale will be Tracy Smith. CHAIRMAN CONSTANTINE: And if we could ask the second speaker just to come up and kind of stand behind in the on-deck circle. Good morning. MR. NEALE: Good morning, commissioners. Patrick Neale Page 22 May 2, 2000 for Florida Water Services, for the record. This -- while it appears to be just a continuation, as Commissioner Mac'Kie had said, of a former item, the difference between when it came up before and its current status is that as opposed to you paying the City of Marco Island $300,000 to take this system, which is the way the agenda item actually reads, this county has the opportunity to receive between 3 and $500,000 for this same system. So there's actually a swing of potentially $800,000 in compensation to the county versus -- by selling it to Florida Water as opposed to paying City of Marco Island for taking this utility. So there's first a clear financial choice on the county's part as to whether you pay someone to take an asset or whether you receive compensation for that asset. Secondly, the second issue and the second choice that I see the commission has to make here, is the county currently acts really as a middleman between the customers who receive the service and Florida Water Services, who provides the actual sewage treatment service. All the county system is, all the Marco Island Water and Sewer District is, is a collection system. No more, no less. What you're doing -- what the commission would do by transferring this to the city is to perpetuate this middleman status; perpetuate leaving someone in between the customers and the service provider. Right now the customers get two bills. If it were transferred, the City of Marco Island customers would continue to get two bills. So therefore, they have two different people to go to for service, two different people to go to for technical problems, two different people to go to for billing problems. By transferring it to Florida Water Services, that gets integrated into one service provider. Further, the rates that are charged by Florida Water would be not higher than the current rates the customers are receiving, and potentially they could be lower. So there's several elements to this. So for those reasons, and what I believe are fairly clear choices on behalf of the commission, for the benefit of the cities -- the citizens of Collier County, I would suggest that the better transfer is to Florida Water Services as opposed to the City of Page 23 May 2, 2000 Marco Island. CHAIRMAN CONSTANTINE: Thank you. MR. OLLIFF: Next speaker is Tracy Smith, followed by your last speaker, that would be the city manager of Marco, Bill Moss. MR. SMITH: Good morning, Commissioners. CHAIRMAN CONSTANTINE: Good morning. MR. SMITH: This is why you don't have your attorney speak before you. He just said everything that I had on my list. COMMISSIONER MAC'KIE: You're paying him, you might as well get something. MR. SMITH: I would like to point out, though, as Patrick Neale has stated, that we do presently provide all the treatment of all the water and all the wastewater on Marco Island. There are three -- essentially three different sewer collection systems, all of which feed into our system. Those customers, including Collier County, pays the same fees as residential customers for us taking that service. And then you have an add-on to that to cover the administration cost. Obviously in our situation, we have all the infrastructure right there on the island. We're already dealing with those customers because we're providing them water and we're providing any service they need on water. So there's no additional cost to us to take on that service as far as meeting customer needs. Again, by giving it to the city, you're perpetuating this middleman situation, where all they're doing is holding the collection system, which feeds into our system. So again, I would also urge that you look to initiate discussions with Florida Water Service to purchase that system. CHAIRMAN CONSTANTINE: Thank you. MR. SMITH: Thank you. CHAIRMAN CONSTANTINE: And Bill Moss. Good morning. MR. MOSS: Mr. Chairman, commission, for the record, my name is Bill Moss. I'm representing the Marco Island City Council. I'm the city manager of Marco Island. Our City Council thanks you for considering this government transfer. They are in unanimous agreement with this transfer, subject to a final review of the contractual language that we'll develop with your staff. Let me say that were the system to be sold to a private Page 24 May 2, 2000 utility, we believe that the same customers that have already paid for the system will end up paying for the system again, because any private utility, as we understand it, must pass on its cost to its customer base in one way or another. We see the potential in the future that perhaps we will have to sewer the remainder of the island. About half the island is un-sewered. We think that the transfer of this district will give us the flexibility to meet the environmental and water quality concerns that may face the island in the future. We thank you very much for your consideration. CHAIRMAN CONSTANTINE: Thank you. Questions for staff? COMMISSIONER NORRIS: This 314,000 that will be transferred to the City of Marco, that's operating money that we've collected and that would -- MR. FINN: Yes, sir. That represents essentially a two-month operating reserve to allow them enough money to fund operations, while revenue is collected. That's typical. It's a reserve that we carry currently. The balance of that reserve is $200,000 for capital renewal and replacement. That is a budgeted item that we're currently carrying that budget. That amount will be reduced by money we expend over the balance of this year for improvements on the Island. But we feel that that's an appropriate level of cash for us to do that. COMMISSIONER MAC'KIE: It's money that -- I'm sorry, Commissioner. It's money that would be expended in the operation of this system, whether we operate it or they operate it. MR. FINN: The capital would be expended sooner or later. The cash reserve or the operating reserve would be a normal level of reserve one would need to run this operation. COMMISSIONER MAC'KIE: Okay. MR. FINN: We're attempting to transfer it as a going concern, if you will. MR. OLLIFF: And keep in mind that the monies that we're talking about were monies that were paid by the ratepayers within that system. COMMISSIONER MAC'KIE: By those people who are served by this system. So it's their money, essentially, we're holding for Page 25 May 2, 2000 operation of this system. CHAIRMAN CONSTANTINE: Commissioner Berry? COMMISSIONER BERRY: Why would you not consider selling this? COMMISSIONER MAC'KIE: I guess my recollection -- COMMISSIONER BERRY: I just want it verbalized. I mean, because we're going to be criticized, I'm sure, because we're giving away -- nobody is going to understand this totally, and we're going to be criticized for giving away the system plus cash, okay? COMMISSIONER MAC'KIE: Can I tell you what I recall, and, you know, we can only discuss these things in this public forum, so here we go. COMMISSIONER BERRY: No. COMMISSIONER MAC'KIE: But my -- yeah. My recollection is that this was part of the deal that we made with Marco when we transferred everything that we transferred. You know, we went through so much trouble in our negotiations as they became a city with regard to the sheriff, with regard to a zillion other things. But this was part of the package that was agreed on by us already in our settlement with them of how we would transition them out of county into city. If I recall that incorrectly, somebody please correct me, because -- COMMISSIONER NORRIS: Let me raise a couple other points. Number one, the City of Marco has shown a unanimous -- the council, anyway, has shown a unanimous interest in acquiring this system. And when they have a unanimous interest, it's unusual enough where maybe we should take a look at it. The other thing is, if we did sell this to Florida Water Services, the money that we would collect would really be not -- would it not be owed to these ratepayers in the first place? I mean, we're only talking about -- you have to understand how utilities are structured. Just this little section of ratepayers are the only people that are involved in this. So if we take money to sell their system that they bought and paid for and do something else with it, is that proper? I don't think it is. It seems to me that we've already collected and really paid for that because the ratepayers paid us for it. They bought it themselves. Page 26 May 2, 2000 So I'll make a motion that we -- let me see what staff's recommendation is -- that we go ahead and transfer it to the City of Marco. COMMISSIONER BERRY: I'll second it. CHAIRMAN CONSTANTINE: Commissioner Carter, any thoughts, comments, worries, questions? COMMISSIONER CARTER: Thank you, Mr. Chairman. No, I've listened to the discussion and I agree with Commissioner Mac'Kie, it's my recollection that this is a total package we worked out with Marco. And as Commissioner Norris said, if they want it, I think it becomes Marco Island's business, if they in turn want to sell it to a private interest group. CHAIRMAN CONSTANTINE: Fair enough. I think it's consistent with what we've been doing with other facilities as well, with our parks and so on. And I certainly understand the interest on the part of utility, but I think we need to maintain our commitment to the city and be consistent with what we've done in the city in the past. MR. SMITH: Can I make just a couple of comments? CHAIRMAN CONSTANTINE: Unfortunately, no. You get your five-minute window and that's it. We do have a motion. We have a second. discussion? (No response.) CHAIRMAN CONSTANTINE: of the motion, please state aye. (Unanimous votes of ayes.) CHAIRMAN CONSTANTINE: (No response.) CHAIRMAN CONSTANTINE: Any further Seeing none, all those in favor Anybody opposed? Motion carries 5-0. Item #8B2 REPORT TO THE BOARD ON THE SOLID WASTE ELEMENT OF THE COLLIER COUNTY GROWTH MANAGEMENT PLAN - STAFF DIRECTED TO PREPARE BID PROPOSAL FOR COMMERCIAL SOLID WASTE COLLECTION CONTRACTS FOR REVIEW BY COMMISSIONERS Thank you. Takes us to Item 8(B)(2), a report to the board Page 27 May 2, 2000 on the solid waste element of the Collier County Growth Management Plan. MR. FINN: Thank you, Mr. Chairman. Edward Finn, interim public works administrator. This is just a brief update on the solid waste element of the County's Growth Management Plan. The executive summary provides current objectives and policies, along with minor proposed changes and additions to language, as well as status reports on a couple of major areas. I'd just like to briefly touch on those major areas. The first major area deals with solid waste collections. The main collection contract with Waste Management expires on September t of 2001. The board has the option of extending the contract for two additional years or the board may elect to bid or renegotiate the contract. If the board intends to bid or renegotiate, we need to provide notice to the contractor by January, 2001 with a late date of May, 2001. CHAIRMAN CONSTANTINE: Can I make the suggestion that we set the direction now that we're going to put that out to bid or for proposal? Because never in the history of Collier County has it gone out for bid or proposal. Waste Management may very well be the best we can do, but the only way we're going to know that is to put it out to bid. It just really grinds on me that we never have. COMMISSIONER MAC'KIE: I'll tell you the interest I have in that. As it has come up in the past, it's been it's not broken, why try to fix it. If we put this out to bid, Mr. Olliff -- Tom, if this were to go out to bid, would the issue of the appropriate daily cover be a part of the bid -- MR. OLLIFF: Not right now -- COMMISSIONER MAC'KIE: -- landfill operations? Totally separate thing? MR. OLLIFF: Completely separate contract. Right now we're talking about the collections contract portion of that only. COMMISSIONER BERRY: It's different than the landfill. COMMISSIONER MAC'KIE: Collections, I don't have a problem with how it's running. Hi, Mr. Bigelow, landfill operations. I've got some problems. MR. BIGELOW: I've got some answers. Page 28 May 2, 2000 COMMISSIONER MAC'KIE: Well, glad to hear it. But I don't -- I'm certainly willing to look at whether or not this should be bid, but I also -- every time we've talked about it, we say why spend $100,000 to find out there's nobody else to do the work and it's not broken. COMMISSIONER NORRIS: Well, the other thing is that in our annual survey, the item that's always at the top of the list in consumer satisfaction is trash pickup. CHAIRMAN CONSTANTINE: Well, there's a couple of things. One, it doesn't cost $100,000 to put something out to bid, but two, it-- COMMISSIONER MAC'KIE: Just ask -- CHAIRMAN CONSTANTINE: -- it -- we reserve the right at the county to reject all bids. So if we don't like what we get back, we have the opportunity to say gee, you know, we like it better the way it is. But again, we have never ever, since 1923 when we became a county, put it out for bid, and that just isn't right. If you're a public entity, you need to see is there anybody else out there. And they may very well be the best, but there's only one way to find that out, and that's put it out for bid. COMMISSIONER MAC'KIE: It doesn't feel right to me not to do it. I have to agree with you on the gut feeling there. COMMISSIONER BERRY: Well, I think it sends a message to the public too, because perhaps you all don't get phone calls, but I know that Terri's out there, and I know she's had to listen to me several times and talk to some of the people in my district. And we've had problems from time to time. But I will be the first to tell you that they have addressed the problems. Every time it's been brought to their attention, the problems have been addressed. So it's not a case where, you know, things have been brought up and they've ignored them and brushed them under the carpet and said go away, Ms. Berry, and you know, forget about it. They have not done that. But I think for the sake of the residents, because one of the criticisms is, well, you know, what else is out there? Well, there's only one way to find out, and let the public know that, is to probably do the bid. And I hate to waste the money, because I frankly think -- I think we can figure out what's going to be the ultimate answer. But at the same time, I think it gives the public Page 29 May 2, 2000 perhaps that little feeling of well, you know, we've looked at everything. And then once they see it on paper and see it for themselves, then I think perhaps they have a little better feeling about the service that they are receiving. CHAIRMAN CONSTANTINE: Do we have speakers on the item? MR. OLLIFF: No, sir. COMMISSIONER MAC'KIE: A question for the manager. What does it cost? I'm being persuaded, too, this is the right thing to do, but I'd like to know how much money we're -- we're directing you to spend to put out a bid, a request for bid. MR. OLLIFF: It's -- always collection bid is a complicated bid, I'll tell you that. You know, a simple bid is probably a 5 to $10,000 item. But this is probably going to be somewhere in the 25 to $30,000 range for staff time and -- COMMISSIONER MAC'KIE: I think we have to spend it. COMMISSIONER BERRY: I suppose. I really-- I'll be honest, I hate spending that kind of money, I really do, on this particular item. But I don't know what else you can do. CHAIRMAN CONSTANTINE: The other thing is if this is a multi-year bid, it's probably for a pretty large piece of change over those years. COMMISSIONER MAC'KIE: Oh, yeah. CHAIRMAN CONSTANTINE: And I bet if we have a competitive bid, it might knock it down by $25,000, at least. So I understand and I think all of us hate to spend any money on anything up here, but -- COMMISSIONER CARTER: Mr. Chairman, what is the value of the contract? CHAIRMAN CONSTANTINE: Depends on how long we do it for. I think this one was for eight years, and we ultimately extended it for a couple extra years but -- MR. FINN: Mr. Chairman, if I may? At this point the board has the option to extend this contract for an additional two years under the existing contract. Over a five-year period, we estimate the value of this to be approximately 35 million dollars. CHAIRMAN CONSTANTINE: 35 million dollars. So in the big picture, $25,000 expenditure -- COMMISSIONER BERRY: Is not a lot. COMMISSIONER CARTER: I support putting it out for bid, Mr. Page 30 May 2, 2000 Chairman. COMMISSIONER MAC'KIE: One other question, if I may? Landfill operations are not a part of this. What about recycling? MR. OLLIFF: Recycling is. COMMISSIONER MAC'KIE: Because I would like to see us increase the recycling -- or I hope that the board would at least agree that in the bid we have an add alternate or somehow try to find out what it would cost to increase recycling the materials that we actually recycle in this county, because there's a lot of stuff I put in the landfill that I hate to do that every week, but there's not a reasonable alternative. MR. FINN: If I may, there's another small piece to the collections issue, and that has to do with the concept of service areas. There's essentially two service areas currently in the county: One is in Immokalee, the other service area is the balance of unincorporated Collier County. A concept that staff has been working on over several years is the concept of splitting that larger service area into two so that we end up with three service areas total. That has the benefit of potentially increasing competition, potentially increasing efficiency and potentially increasing quality. The downside, of course, to rebidding it anyway is potential disruption of service as we transfer from one vendor to another. COMMISSIONER MAC'KIE: Should that be. MR. FINN: That is a serious potential. MR. OLLIFF: And there are also some issues, because we are putting that on your annual tax bill in terms of -- I have some questions I want to work with the tax collector in terms of just what impact that would have on his actual processing of the tax bill as well. COMMISSIONER NORRIS: And once again, the trash collection is highest on the customer satisfaction list. I don't think I'm going to be supportive of splitting the district into two service areas at this point. CHAIRMAN CONSTANTINE: Maybe we can do this: The -- it sounds like we have a majority who approve of bidding, so you can move forward and put together whatever paperwork you need to to notify, you said, before January, I think, you need to notify. So feel free to do that as early as you want so they've been notified, and then maybe we can bring the item back Page 31 May 2, 2000 sometime now or when the new commission is on or whatever appropriate for what that bid will be. But we don't need to discuss the specifics of that today. MR. FINN: The second major item is -- deals with solid waste disposal. The status report identifies the current level of service as 1.24 tons per capita. At that level of service, we're going to need to have some additional line cell capacity constructed by 2002. The level of service there is to have two years' capacity reserved at all times. So by 2002 we need to have an additional two years constructed and in place. Staff also -- COMMISSIONER MAC'KIE: Before you go past that point? MR. FINN: Yes, ma'am. COMMISSIONER MAC'KIE: Obviously we've given direction to staff to be negotiatively counting on the possibility of incineration and burying ash here, but because we're coming up against that two-year deadline, can we assume that staff's also investigating every other possibility, we're going to be getting back a broad spectrum of options, or what's happening in response to that deadline from a staff perspective? MR. FINN: If I may, ma'am? At this point, we're moving forward with a fairly thorough preliminary evaluation of the Lee County waste to energy facility alternative. There will be some -- essentially a rehash of the previous discussions of the other viable alternatives, but there is no major new work being done on those other alternatives. COMMISSIONER MAC'KIE: But they'll all be presented to us, in other words. We're not going to just be offered expand the current landfill or burn your trash in Lee County; the full spectrum will be available for us to consider. MR. OLLIFF: Define the full spectrum for me. Because there's any number of solid waste disposal options out there. And frankly, no, we're not chasing a lot of things other than, honestly, resource recovery opportunities with Lee County. Whatever opportunities we have here on-site, we can look at resource recovery options here locally, if that's something the board is interested in. And the only other technology, frankly, that we've been looking at is something in the way of a pelletizing type plant that was discussed as much as a year ago. But frankly, we're not Page 32 May 2, 2000 putting a lot of effort into that as well, just simply because we've not gotten a lot of encouraging news back on that either. MR. FINN: If I may, at this point with the relatively tight time frames to report back to the board in August, we are focusing all our efforts at exploring that in terms of new work on the Lee County alternative. We're going to provide for the board discussions of other alternatives the board has looked at over the years for comparison purposes primarily. Our approach is, upon receiving direction in August, if the board wants us to fully flush out the other alternatives, we would then move forward and do that for the board. CHAIRMAN CONSTANTINE: If there is a specific alternative a commissioner likes and wants to, then we probably ought to bring that up here and move than on. But to suggest a full spectrum, we've looked at a zillion technologies, not once but twice in great detail here since I've been on the board. We probably don't need to go back through all the same ones again. COMMISSIONER MAC'KIE: Mr. Chairman, the specific alternative that I'm interested in exploring is eliminating the odor at the current site so that it can be used, if the ash proposal becomes too expensive or if Lee County doesn't make a deal with us. But, you know, other landfills don't smell. I mean, to be blunt about it, I'm tired of being lied to about it. Somebody isn't doing what they said they were going to do. Because is it go back to daily fill should be dirt? Is it as simple as that? What is it? Because other landfills don't smell, ours does. I'm determined that that's not going to not fall off the list of reasonable alternatives. MR. OLLIFF: And if the option that you're looking for that would be included would be maximizing the current landfill site -- COMMISSIONER MAC'KIE: Only if the smell problem can be controlled. And I know you've been telling me, or somebody, not you, has been telling me for five and a half years that it can be, but it ain't. And we're spending a fortune and it ain't. But it didn't used to smell. Is that because we were using dirt for daily cover? That's the latest thing I'm hearing from people. MR. FINN: If I may, the contractor is using dirt for daily cover. The contractor is sorting out the gypsum -- COMMISSIONER MAC'KIE: I know that. Page 33 May 2, 2000 MR. FINN: -- which was identified as a source of the hydrogen sulfide. The contractor has largely completed covering the cells. He is making additional improvements to the gas collection system, which should substantially reduce the hydrogen sulfide issue. We have monitoring points in place, we have a hotline in place. The monitoring points show a substantial decrease in hydrogen sulfide already. By August, when we report back to you, there should be adequate results in place to identify whether the odor issue has or has not been resolved, whether it can be controlled, and we should be in a position to report some of that information back to you. CHAIRMAN CONSTANTINE: I appreciate all the efforts that have been done here. But I'll tell you, whether the H2S is down or not, it still smells. COMMISSIONER MAC'KIE: Right. CHAIRMAN CONSTANTINE: And whether we have a hotline or not, people call and they are told from a telephone somewhere, wherever our person answering the hotline happens to be, any variety of reasons that are very farfetched, including must be a skunk outside your house, that it's not the landfill. And this is the same story the East Naples and Golden Gate and Golden Gate Estates communities have heard for 10 years, or the better part of six years, anyway. And so excuse my cynicism in not being real confident that we're going to get to that point. Because George Varnadoe stood at that podium when they wanted the contract and said, we'll have that odor gone within six months, guaranteed. COMMISSIONER MAC'KIE: Six years later. CHAIRMAN CONSTANTINE: I'm not sure what guaranteed means to him but we don't -- it wasn't fixed in six months or a year or two years or six years. And we've had the gypsum board, we've had the water plant, we've had any number of different things and it's never fixed. So the way you're going to fix that odor is not continue landfilling at that site. COMMISSIONER MAC'KIE: Except for the fact -- and Tim, I want to tell you that my frustration level is over I have been led down the primrose path that we can make this landfill not smell. And it's under that condition that I think we ought to use this site to the maximum capacity we have. But I don't think we Page 34 May 2, 2000 ought to continue to impose that odor on people. And I refuse to believe that there isn't a way to solve it. I mean, I don't know if there's a grand conspiracy, I don't want to get silly here, but other communities have operating landfills that don't smell. How? Somebody tell me that. Keep that on the list is what I'm saying. CHAIRMAN CONSTANTINE: Is there any chance of having that report the last meeting in June? I know we'd shot for August, but just because August is the middle meeting, it's usually very heavy, and I don't want this to get pooh-poohed in any way and slid away. I'd like to make sure it gets the appropriate attention. And that August meeting will likely be an eight or 10-hour meeting anyway. MR. OLLIFF: We were heading down to hire a consultant, I believe, because you've got to keep in mind that your solid waste staff is very limited at the moment to provide some assistance in that reporting. We can get back with the consultant and find out whether or not that time frame is feasible. If it's important to the board to have it at the end of June, certainly we can do that. It's just a question about the quality of information that will be here. I mean, we can certainly sit down with the Lee County staff between now and then and develop some preliminary numbers and some information for you to look at. CHAIRMAN CONSTANTINE: I don't want to compromise the quality information. And if you're worried about that, I don't want to speed it up. If we can still get quality information, then I think only because that might allow, if the board wants to set some specific directions, six weeks in which you can be achieving that before August. If we can't get the same information, don't rush it. We don't want to do that. MR. OLLIFF: We'll look and do the best we can and let you know which of those meetings we'll shoot for. COMMISSIONER MAC'KIE: Tom, do you have adequate staff to determine why we haven't been able to solve the smell problem? MR. OLLIFF: Frankly, no. Right now-- COMMISSIONER MAC'KIE: Then what do we need to do? MR. OLLIFF: Right now there are two people working in the solid waste department administratively. Page 35 May 2, 2000 What we have done is frankly, just so you know, just organizationally, I pulled George Yilmaz over from pollution control. He is now going to be helping with both the Lee County negotiations, and if you'll recall the board's last direction was also to look at some fan technology, which I'm yet to be convinced about. But it was board directed, so we had taken some bids. Those bids came in much higher than we had anticipated. So I'm having George from a technical standpoint re-look that process, and I may even send him out to a landfill where those fans are in place. Because I just -- I need somebody on our staff who can give me a bird's eye account, if you will, of where those -- where that technology is, does it work, does it not work. COMMISSIONER MAC'KIE: Well, please don't spend -- I know I voted in support of those fans. If you find that you don't think it's going to work, I want to hear that from you before you spend the money. And secondly, please tell us what we need to do to give you adequate staff to go to a landfill that doesn't smell and find out why. CHAIRMAN CONSTANTINE: Obviously, if our staff can assist in that, we should, because it's our role serving the public. However, that is the job of the operator. And if they're not doing their job, then they're in breach of their contract. COMMISSIONER MAC'KIE: And I'm back -- I'm ready to go there. CHAIRMAN CONSTANTINE: They haven't done it for six years, even though they've promised they would. MR. OLLIFF: And I will say, I think in fairness, we do need to give them some time to get those improvements that they are currently constructing in the ground and then give us a chance to see whether or not that has made a significant difference or not. I will tell you, I agree with you, too, that the -- even though the charts continue to say that the sulfide issues are significantly lower, I will also agree with you from a common just person standpoint, when you drive down 951, the smell is still there. So we do have an issue -- COMMISSIONER MAC'KIE: Just don't lie to us anymore. Fix it. CHAIRMAN CONSTANTINE: And final word. I'm just a little Page 36 May 2, 2000 frustrated when we say we've got to give them time, because the deadline has changed several times. It was going to be done in November and then in January, and now it will be done this summer. And, you know, they have been given ample time. They've not in conformance. COMMISSIONER BERRY: When was the original deadline, Mr. Chairman? CHAIRMAN CONSTANTINE: I think it was November. COMMISSIONER BERRY: Was it last November? COMMISSIONER MAC'KIE: It was November. Then it was February, is the way I recall. And now it's August. You know, I'm tired of it. If we need to call a default, Tom, call a default. Whatever we need to do, I want it done. I mean, I'm sure -- I say that for me, but I bet you'll get a unanimous on the board for that. COMMISSIONER BERRY: Would it be appropriate to just hear on that particular item what the current status is? We have the individual here who runs the landfill, or manages the landfill. Would it be appropriate to hear the current status of the project out there in terms of trying to eliminate the odor, where we're at on it? Just so we know and the public knows? CHAIRMAN CONSTANTINE: Sure. COMMISSIONER BERRY: I don't know, Steve, if you came prepared to talk about this this morning, but unfortunately you're here, so we need to hear. COMMISSIONER MAC'KIE: Can I ask you a question before you start? CHAIRMAN CONSTANTINE: How about -- COMMISSIONER MAC'KIE: Just a quick one. CHAIRMAN CONSTANTINE: Go ahead. COMMISSIONER MAC'KIE: Do you operate -- does Waste Management operate an active landfill that doesn't smell? MR. BIGELOW: Yes, ma'am. We operate -- for the record, Steve Bigelow, Waste Management. We operate probably over 600 landfills throughout the United States. COMMISSIONER MAC'KIE: That don't smell? MR. BIGELOW: Commissioner Mac'Kie, we have to go back in history. We have to go back to last year, April the 20th. And I understand your frustrations. Page 37 May 2, 2000 COMMISSIONER MAC'KIE: I am. MR. BIGELOW: You recall about a month ago I asked you to come out to the landfill so we could explain all this, and I really think that would be appropriate. But if we go back to April 20th of last year -- and I might add that Commissioner Norris and Commissioner Berry have visited the landfill, and I think they understand the situation that we're currently going through. To go back to last year, Waste Management neither designed or constructed the landfill nor operated it till 1995. You have a problem that's 54 acres and 100 feet tall. It's hydrogen sulfide, full of hydrogen sulfide gas. All of the alternatives that you're currently considering, including going to Lee County for incineration, will not solve your odor problem. No alternative that you're presently considering or have considered will solve your odor problem. The only thing that will solve your odor problem is what we're currently doing. We're encapsulating the waste, we're dewatering the waste. We have to capture this gas and we have to flare it, Commissioner Mac'Kie. Now, I know that's an oversimplification, but we've run into some problems, and we're resolving those problems. We're doing some additional construction today that we did not anticipate a year ago. We have more gas than we anticipated a year ago. I will assure you that everything that's possible for our company to do is being done. I think we're going to complete it within about two months. And I know that that target deadline keeps moving, but the only thing that's going to solve this problem that was created about 1990, because we started using alternative daily cover -- and I would remind the Chairman that this is not the flavor of the month. This is serious. We're talking a $5 million solution here. Regardless, if you decide to do something other than stay at the landfill, Mr. Chairman, you have to solve the problem. Because if we don't solve the problem, the hydrogen sulfide gas will be in the atmosphere for the next 40 to 45 years. It's not a question if or when. We must. We must solve this problem. Now stay with us just for a little while longer, let us have your patience, and we will solve the problem. And then you can decide what's in the best interest of the community. Page 38 May 2, 2000 CHAIRMAN CONSTANTINE: Steve, there's nobody that would like to solve this problem any more than me but -- MR. BIGELOW: Yes, sir. CHAIRMAN CONSTANTINE: -- the suggestion that wow, now we're taking it serious, well, some of the suggestions for gypsum board and other things have been, I thought, were -- I didn't believe them then either, but were they not serious? I mean -- MR. BIGELOW: Mr. Chairman-- CHAIRMAN CONSTANTINE: -- we've had about five different alleged fixes along the way. So when you say this is serious, I'm glad to hear that -- MR. BIGELOW: Mr. Chairman, we-- CHAIRMAN CONSTANTINE: -- but I wish we would have been serious five or six years ago when we were promised it was going to be fixed. MR. BIGELOW: Mr. Chairman, there are facts that have presented themselves in the last year that could not have been known by either the county or Waste Management at the time of the negotiation of this contract. We all know your position, Mr. Chairman, on the landfill. What we're trying to do is solve this problem. Whether or not you keep the landfill open or closed beyond the year 2003, the problem has to be solved. And it will be solved as long as Waste Management is on site. We will continue to work and solve this problem, I assure you. CHAIRMAN CONSTANTINE: It will be solved as long as Waste Management is on site. I've heard that since six months before you got the contract and it hasn't been solved yet. Commissioner Berry had a specific question. Where are we on the calendar? What's our update? You said two months? MR. BIGELOW: Commissioner, we have completely covered the landfill, the 54 acres, Phase I and II of Cell 6. No more water is getting into the landfill. We are trying desperately to dewater that landfill. It is like a sponge. You've heard that before. I think Mr. Ilschner stood before you and explained to you that we have created a 54-acre sponge 100 feet tall that is retaining water. We are ordering more pumps at this time. We're also going to have to increase the capacity of the pumping station that was designed and built by the county in 1996 because it will not be adequate to dewater the pumping station. Page 39 May 2, 2000 Once we get those pumps in place, we have to get three-phase power in. I learned yesterday that the county has placed three-phase power on hold. So I'm submitting a separate application to have that three-phase power brought to the site so we can put in larger pumps. COMMISSIONER MAC'KIE: What is that? We put what on hold, Tom? MR. BIGELOW: Three-phase power. MR. OLLIFF: Three-phase power was part of the bid for the fans. When the bids came in, frankly, they were at least 100 and probably 200 percent over what the original estimate was. And so that's what's been put on hold. I did not realize that that three-phase power was also being used for some additional pump equipment for the landfill. COMMISSIONER MAC'KIE: Okay, we could communicate better. MR. FINN: We will work with the contractor on that, put that back on the fast track. MR. BIGELOW: Well, I'm going to submit a separate application, because even that three-phase power that you're bringing, Mr. Finn, will not operate a blower, a larger blower for the flare that we're going to order. I've brought in an additional blower to increase the vacuum on the gas system so that we can pull more gas. The gas swales are still experiencing a watered out situation. We're still continuing to try to pull this and we are pulling it down, but it's not going down at the rate that we want to see it dewatered. So as I mentioned, we're going to put more pumps in. In order to handle more flow, we've got to put in larger pumps at the pump station that the county installed in 1996 under our contract. If you can follow me there. COMMISSIONER MAC'KIE: Yes. MR. BIGELOW: You see? So we've got to get the water out of the hill, Commissioner Mac'Kie. COMMISSIONER MAC'KIE: Uh-huh. MR. BIGELOW: Once we get the water out of the hill, we can collect more gas. As long as we're unable to collect the gas that we need to collect that's under the liner, we will experience whaling, if you understand that. The liner is beginning to balloon Page 40 May 2, 2000 up. Okay? The liner works. We know it works, Commissioner Mac'Kie. And if you can come out and visit with me at the landfill, I'll be able to show you this firsthand, and I think you'll have a better understanding. COMMISSIONER MAC'KIE: I guess just to tell you, I'm willing to come out there. I just feel like I've been coming out there for five years and it still smells. MR. BIGELOW: Commissioner, I understand your frustration. I live with this 24 hours a day for the last five years. CHAIRMAN CONSTANTINE: That makes me feel a lot better. Let's go on with the presentation. Mr. Finn? MR. FINN: Yes, sir. That's really the conclusion of my presentation. The overall recommendation is that the board provide direction to formally amend the solid waste element as it involves these policies, goals and objectives with the next cycle in accordance with the underlines and strike-throughs that you have before you. CHAIRMAN CONSTANTINE: Thank you. I think you got the direction on the parts that we needed direction on. MR. FINN: Yes, sir. Item #8B3 CONSTRUCTION CONTRACT AWARDED TO BETTER ROADS, INC. FOR PINE RIDGE ROAD (C.R. 31 TO LOGAN BLVD.) SIX LANE IMPROVEMENTS, PER BID NO. 00-3054, PROJECT NO. 60111, CIE 41 - STAFF RECOMMENDATION APPROVED CHAIRMAN CONSTANTINE: Let's go to Item 8(B)(3), award of construction contract to Better Roads, Inc. for Pine Ridge. Good morning. MR. BIBBY: Good morning. Jeff Bibby, public works engineering director. Pine Ridge Road is our next project that we'd like to get under construction. This would make four lanes to six lanes between Airport Road and Logan Boulevard. We've received three bids, as you see. As with our recent bids, we've asked for alternates to expedite construction, both the 24-hour schedule alternative, as well as an alternative Page 41 May 2, 2000 defined by the contractor. In each case Better Roads was the low bidder. These are the options. With the 24-hour bid, the alternate number one for $300,000 more than the base bid, Better Roads will commit to finishing completing the project in 355 days. COMMISSIONER MAC'KIE: Motion to approve that recommendation. MR. BIBBY: Well, our recommendation is to go with the base bid in the incentive. COMMISSIONER MAC'KIE: Isn't that what you just described? MR. BIBBY: No. COMMISSIONER MAC'KIE: Okay. MR. BIBBY: The alternate two bid is an accelerated bid less than 24 hours. For another $250,000, they'll commit to doing it in 360 days. We would expect to get going in June, so this will put us out in June of next year. And the month of saving that we'd be talking about would be either July or August. So our recommendation is for that amount of money. It's not really to our benefit to do that. CHAIRMAN CONSTANTINE: You're recommending Better Roads and the incentive bonus. MR. BIBBY: Correct. COMMISSIONER MAC'KIE: I'm sorry, I misunderstood then. I thought that incentive bonus meant that we'd buy that extra month, even though it's June and July. MR. BIBBY: Well, in this case it's a 90-day incentive, so we essentially buy the 90 days. COMMISSIONER MAC'KIE: What did you just say, though, about that it's not worth it for the extra month because it's June or July? MR. BIBBY: The options come down to basically do we give the incentive up front or later on? If we go with either of the alternates, we'll pay more money now, either 300,000 or 250,000, and they will commit to the 355 days and the 360 days. If we go with the base bid, we're holding the incentive out there, and if they hit the 300 days, they pick up the 283,000 incentive. CHAIRMAN CONSTANTINE: So we do it on the front and we only save a month. If we do it on the back end, we're hanging it out there and you can save potentially three months. Page 42 May 2, 2000 MR. BIBBY: Correct. COMMISSIONER MAC'KIE: Thank you for summarizing that for me. MR. BIBBY: The only downside to that is if they don't do it in 300 days, then I don't have any leverage until 390 days later, or 390 days of construction. CHAIRMAN CONSTANTINE: I still like the carrot. Do we have speakers on this? MR. OLLIFF: No, sir. COMMISSIONER MAC'KIE: Motion to approve staff recommendation. COMMISSIONER CARTER: Second. CHAIRMAN CONSTANTINE: Staff recommendation is to pay it up front, though, and buy the extra 30 days? COMMISSIONER MAC'KIE: No. MR. BIBBY: No. Sorry for the confusion. Staff recommendation is to go with the base bid, give the contractor the opportunity to finish 90 days early and -- CHAIRMAN CONSTANTINE: Correct. Thank you. MR. BIBBY: -- with that, the incentive. CHAIRMAN CONSTANTINE: We have a motion and a second. Discussion? (No response.) CHAIRMAN CONSTANTINE: of the motion, state aye. (Unanimous vote of ayes.) CHAIRMAN CONSTANTINE: Seeing none, all those in favor Motion carries 5-0. Item #8B6 CHANGE ORDER NO. I TO CONTRACT NO. 00-3033, HIDEAWAY BEACH T-GROIN CONSTRUCTION - STAFF RECOMMENDATION APPROVED; STAFF TO SEEK APPROVAL FROM BEACH RENOURISHMENT AND TDC COMMITTEES Item 8(B)(6), approve change order to contract Hideaway Beach. COMMISSIONER MAC'KIE: As they're coming up on this, I just want to say I was pleased to find out -- I mean, it's a disaster, it needs -- I'm not pleased to find that out. It is a Page 43 May 2, 2000 disaster. The part I was pleased to find out is that this isn't one that our staff has dropped the ball on. This is one that they have fought tooth and nail to get approval, but DEP has prevented the issuance of a permit. Is that close? MR. BIBBY: That's correct. Just as a little bit of quick history here, this is our project to eventually add additional temporary T-groins in Hideaway Beach. CHAIRMAN CONSTANTINE: I think we might have somebody from DEP here. COMMISSIONER MAC'KIE: Good. CHAIRMAN CONSTANTINE: Hang on, you'll have an opportunity to speak, but it will be at a microphone, not from here -- not from there. MR. BIBBY: Again, this is our project where eventually we'd like to add additional T-groins at Hideaway Beach. Back last year we went to the TDC and then to the board late in the summertime and established the funding necessary to establish these additional T-groins. COMMISSIONER MAC'KIE: These are temporary? MR. BIBBY: These are temporary. CHAIRMAN CONSTANTINE: Now, walk me through this with the funding. And I've had an explanation on some of this. But a year ago we approved funding in the neighborhood of 271,000; is that right? MR. BIBBY: That is correct, yes. CHAIRMAN CONSTANTINE: And then during the year, the project didn't happen. MR. BIBBY: CHAIRMAN minute. MR. BIBBY: CHAIRMAN expended. MR. BIBBY: CHAIRMAN CONSTANTINE: something like that? MR. BIBBY: That is correct. CHAIRMAN CONSTANTINE: what? MR. BIBBY: Well, during the year -- CONSTANTINE: Let me work yes/nos here for a Well, that project didn't totally happen, yes. CONSTANTINE: Some of that money was Correct. About 137,000 or 141,000, And that was expended on Repairing and -- well, basically repairing the Page 44 May 2, 2000 existing T-groins. CHAIRMAN CONSTANTINE: Even though that's not necessarily what it was budgeted for. MR. BIBBY: Where we fell down, it was the original intent to not only build the additional -- install the additional new temporary T-groins, but also to repair and modify the existing ones. COMMISSIONER MAC'KIE: But when we voted, we thought we were voting on approving two new temporary T-groins. MR. OLLIFF: You are correct. MR. BIBBY: That is understood. COMMISSIONER MAC'KIE: And so it's surprising to us to find that you could spend the money on maintenance of the existing temporary T-groins when you couldn't get the permit for two new temporary T-groins, subject to whatever you're going to tell us later. CHAIRMAN CONSTANTINE: So then there was a balance left of something, another $130,000 of what had originally been approved from that 271. MR. BIBBY: Correct. After the initial approval, based on discussions with the DEP, the scope of the bid documents were amended to include only the repair and modifications to the five existing T-groins. And this is the work that we established and got underway in February of this year. Where we currently are, we need to bring in 10,000 cubic yards of beach compatible material, and we would like to do it before sea turtle season is upon us. We expect to receive today or this week an extension to the 20th of this month to allow us to place an additional 10,000 cubic yards of beach compatible material. COMMISSIONER MAC'KIE: Do you have the photos to show -- I mean, I've met -- do you have the photos to show the status of the homes there that are about to fall into the ocean? MR. BIBBY: I didn't bring them with me. COMMISSIONER MAC'KIE: Have board members -- I've seen them. COMMISSIONER BERRY: I'm sure their attorney could provide them for you. COMMISSIONER MAC'KIE: There you go. But it's a shocking situation. Page 45 May 2, 2000 MR. BIBBY: Ordinarily we would use our contract with Bonita Grand Sand and bring that down from our upland source. That source is not available right now. We do have some permitting issues with that that we're working through. What we'd like to do, suitable material can be obtained by dredging the Big Marco River Channel. We are permitted to do that. And what we're specifically asking this morning is asking for a change order in the amount of 127,500 to dredge in place this material. We would like to see a corresponding decrease in our purchase order with Bonita Grand, the source bringing forward the Bonita Grand source of the same decrease. So what we're asking this morning is strictly the ability to bring in the 10,000 cubic yards of beach compatible sand. The longer term issue of where we're going with the additional temporary T-groins, we will wait until we have the permit to come back to the TDC before we come back. CHAIRMAN CONSTANTINE: Do you believe you can do that in the next 18 days? MR. BIBBY: Yes. There is a question of whether or not we're going to receive the extension. All indications are we are, through discussions yesterday. We are at risk that may not happen, but we'd like to be prepared to do it. COMMISSIONER MAC'KIE: And my understanding is that the effect on sea turtles, even though we're in nesting season, which makes it very unusual to be renourishing the beach, but the turtles would be drowning here if we don't put the sand. I mean, this would be a benefit to the nesting of the turtles, in addition to protecting the private property. But that's the reason why we could do it now. The court reporter wants me to talk more slowly. Sorry. COMMISSIONER BERRY: Pam, wait a minute, the turtles would be drowning? COMMISSIONER MAC'KIE: Well, there's nowhere for them to go. There's no sand for them to nest in. MR. OLLIFF: If it were detrimental, they wouldn't issue the permit. COMMISSIONER BERRY: Oh, well, no, but it just didn't make sense -- COMMISSIONER MAC'KIE: Sorry. COMMISSIONER BERRY: -- when you say that the turtles are Page 46 May 2, 2000 going to drown, because I think they live in a -- pretty much in a water environment to begin with. So I don't think they're going to drown. COMMISSIONER MAC'KIE: Sorry. COMMISSIONER BERRY: But they may not have a compatible area to nest in, okay, but they're not going to drown. COMMISSIONER MAC'KIE: I was kidding. CHAIRMAN CONSTANTINE: Commissioner Carter, anything you want to throw in on this? COMMISSIONER CARTER: No, I'm clear on where we ought to go and I think we ought to move forward with the recommendation. CHAIRMAN CONSTANTINE: Is that a motion? COMMISSIONER CARTER: Yes, it is. COMMISSIONER BERRY: Is that your final answer? COMMISSIONER CARTER: My final answer. CHAIRMAN CONSTANTINE: We have some public speakers on this item, so we'll hold that for the time being. MR. OLLIFF: Mr. Chairman, you have three public speakers. Mrs. Jim Schiering. CHAIRMAN CONSTANTINE: He'll be followed by? MR. OLLIFF: David Somers, followed by Bruce Anderson. MR. SCHIERING: Hi. CHAIRMAN CONSTANTINE: Hi. MR. SCHIERING: Jim Schiering, 2000 Royal Marco Way. I'm just here to let you know I'm here to answer questions. I really don't think I need to add anything to it. So if you have any questions, I'll be happy to answer them for you. CHAIRMAN CONSTANTINE: Okay, thank you. MR. SOMERS: My name is David Somers. I'm the general manager of Hideaway Beach. And again, if the commissioners have any questions, I'll be happy to answer them for you. CHAIRMAN CONSTANTINE: Thank you. Mr. Anderson? MR. ANDERSON: Mr. Chairman, commissioners, my name is Bruce Anderson. I represent the Hideaway Beach Association. I have pictures of the conditions that exist out at Hideaway, which I'll be glad to distribute to you and give a copy to the court reporter. Otherwise, I'm just here to answer any questions that you may have. I don't want to -- COMMISSIONER MAC'KIE: I wish you could put those on the Page 47 May 2, 2000 visualizer for the public. CHAIRMAN CONSTANTINE: Any questions for any of our speakers? (No response.) CHAIRMAN CONSTANTINE: Seeing none, Commissioner Carter, I think you had a motion. COMMISSIONER NORRIS: Second. COMMISSIONER CARTER: Yes, I make the motion that we move forward with the recommendation as outlined in the agenda. CHAIRMAN CONSTANTINE: There's a second from Commissioner Norris. Further discussion? COMMISSIONER MAC'KIE: Question. CHAIRMAN CONSTANTINE: Question. COMMISSIONER MAC'KIE: We're not doing anything here about extending the life of the temporary T-groins, we're not doing anything about the additional two temporary T-groins, this is merely putting additional sand on the beach, if we can get permission from DEP to do it. MR. BIBBY: No, part of this will also do the repairs to the existing five temporary T-groins. COMMISSIONER MAC'KIE: The existing five temporary T-groins. But that -- you require a motion today to do that? Because I thought we had already approved that a year ago. CHAIRMAN CONSTANTINE: But they expended some of-- MR. BIBBY: The approval additional funding to bring forth the sand source. COMMISSIONER MAC'KIE: I didn't understand you. I'm sorry. MR. BIBBY: What I need approval for today, if an incremental beach management contract was available to us inasmuch as our Bonita Grand Sand upland source was available to us, then I'd be all set. Since that isn't available because of the problems we got into with the permitting of it, I need to go to this other dredging source. And that's what I'm asking for the approval on. COMMISSIONER MAC'KIE: But how does that affect maintenance of the existing groins? I understand that. You said you've got to get some sand, you got to put it on the beach. MR. BIBBY: That sand will be used in repairing the existing Page 48 May 2, 2000 T-groins. COMMISSIONER MAC'KIE: You use sand to repair T-groins? MR. BIBBY: These are bagged structures. COMMISSIONER MAC'KIE: Okay. CHAIRMAN CONSTANTINE: What did you do last year? Perhaps I've completely misunderstood your earlier comments, because I thought that 137,000 or whatever it was that was expended last year was spent on repairing those existing T-groins. So are we now repairing them again eight months later? COMMISSIONER MAC'KIE: I'm determined to understand that this time, because it's been confusing before. So I apologize for dredging through this so slowly. I asked for that photo to be put up, because it was very telling to me about -- CHAIRMAN CONSTANTINE: Do you need a few minutes to figure this out? We can take a break. MR. BIBBY: Okay, let me see if I can clarify. The repairs are going on as previously intended under this application, although not explicitly discussed in the application for the additional temporary T-groins. What I'm asking for in approval here is strictly the 10,000 cubic yards to place the material that we're going to dredge out CHAIRMAN CONSTANTINE: Okay, let me run you through some yes-no questions again, because I have trouble with that. MR. BIBBY: Okay. CHAIRMAN CONSTANTINE: Last year you spent how much, 1377 Is that the right number? MR. BIBBY: 137 is the number I have here, yes. CHAIRMAN CONSTANTINE: $137,000 on maintenance of the existing T-groins. MR. BIBBY: Let me ask Jim to come up, or Harry to come up, CHAIRMAN CONSTANTINE: And I'm looking for a yes-no. MR. HUBER: As being performed this current year -- CHAIRMAN CONSTANTINE: For the record, you are? MR. HUBER: For the record, Harry Huber, public works engineering department. CHAIRMAN CONSTANTINE: Thank you. Page 49 May 2, 2000 MR. HUBER: The contract for 137,100 is currently being performed. That is for the repair and modifications of the existing T-groins. CHAIRMAN CONSTANTINE: Will any of this new money go toward that? MR. HUBER: No, sir. CHAIRMAN CONSTANTINE: That's what I needed to get. MR. HUBER: This new money is strictly for placing beach compatible sand on the beach to address the severe erosion problem. CHAIRMAN CONSTANTINE: Thank you. COMMISSIONER MAC'KIE: Are you -- do you supervise Mr. Bibby? I'm looking for a chain of command here. I want to know I've gotten the final answer. I guess I want that answer from Tom. Never mind if you supervise him. MR. BIBBY.' Well, for right now I'm the responsible director as the public works engineering director for various activities, yes. COMMISSIONER MAC'KIE: So you as the supervisor disagree with what Mr. Huber just said, because you told us that some of this sand is going to be spent -- I mean, some of this money is going to be spent on maintenance of the existing groins. You can use it to fill up bags that will be used to maintain. I need to know, Tom, what is this money going to be spent for? Because you're the only guy I can talk to. MR. BIBBY: I was confused, I apologize. I thought this source was going to be used -- CHAIRMAN CONSTANTINE: I hate to do this in the middle of an item, but it's 10:30. Let's take a seven-minute break and we'll sort this out and get a definite answer when we come right back. (Brief recess.) CHAIRMAN CONSTANTINE: Hi, we're back. Mr. Olliff. MR. OLLIFF: Not a lot of good news. COMMISSIONER MAC'KIE: Remember, you asked for this job, MR. OLLIFF: I guess I did. Keep reminding me of that. To try and clarify, I think here's what the issue is in this particular project: What is being requested of you is funding for Page 50 May 2, 2000 the placement of sand directly onto Hideaway Beach. I will tell you from my perspective, I let this item go because I think there is a legitimate need for some sand on Hideaway Beach. We have a very limited window in which to be able to place that sand on Hideaway Beach. There was a previous contract with a trucking company out of Bonita Springs. That material is no longer available to us within this limited window. Our only opportunity to place that sand on the beach is by using an existing dredging contractor that is dredging the Marco Pass. DEP has authorized our use of that material from the past to be placed onto that beach. We have requested and believe we will receive that extension of the sea turtle permit that will push us into the May 20th time frame and give us enough time. That's the specific issue that we're asking you for today. It has absolutely nothing to do with a T-groin on that beach. It is not significantly different from what we're talking about. Now, just so you know what a T-groin is, it is not significantly different from what we're talking about. A T-groin is a great big fat sand bag is really what it is. And I've been out there and I've seen them. And that's really what a T-groin is. So there's very little difference in just straight widening of the beach in a T-groin. That is specifically the issue that we're asking for today. I will also tell you that this is indicative to me of some of the issues that I have been dealing with in terms of this whole matter. And I will tell you that if you are frustrated, I think I am too, but it's simply the way I think some of these projects have been structured, that there is not specific project accounting and project management of specific projects separately. Some of them are combined together and it creates for a great deal of problem. We are in the process of going from the top to the bottom of those lists of projects in trying to sort through every single one of them, so that, frankly, I'm not in the position of standing here doing this again a year from now. So with that, I would simply ask that you approve this item with an understanding that we are in the process of doing some major review of this entire program. COMMISSIONER MAC'KIE: And this is sand on the beach Page 51 May 2, 2000 only. MR. OLLIFF: It is. And I failed to mention one other item. Because there are some questions -- I believe conceptually the Tourist Development Council and Beach Renourishment Committee authorized in concept placing sand on this beach; however, there are some specific contract changes that did not go back before them. While I could make an argument that in concept they had seen this, I would rather go ahead and just cross the T's and dot the I's and request that they hold a special meeting. And I'm going to take these contract amendments back through those two bodies, simply to make sure that there's not a question. COMMISSIONER MAC'KIE: So the motion should include that request? MR. OLLIFF: Yes, ma'am. COMMISSIONER MAC'KIE: I think Commissioner Carter made the motion? COMMISSIONER CARTER: Yes, I will include that in the motion. COMMISSIONER NORRIS: And second amends as well. CHAIRMAN CONSTANTINE: With that, let's take a vote on the item. All those in favor, please state aye. Anybody opposed? (No response.) CHAIRMAN CONSTANTINE: Motion carries 5-0. Thank you. Item #8E1 PRESENTATION OF THE COUNTY MANAGER'S PLAN OF ORGANIZATION - ACCEPTED 8(B)(7), TDC funding for the Clam Pass inlet management project. COMMISSIONER BERRY: Did we do that? MS. FILSON: That's continued. CHAIRMAN CONSTANTINE: Thank you. I wondered why I had a line through it. Does that take us on to your presentation of reorganization, Mr. Olliff? Page 52 May 2, 2000 MR. OLLIFF: Yes, sir, and thank you. This is -- according to the county manager's ordinance, we are -- I am required to bring to you plans for organization within the county manager's agency. What's outlined here in the executive summary is frankly a very simple, I think, reorganization plan for you, but one that I think addresses our ability to be able to get work done more efficiently and more effectively for you. I think over the course of the last three months it is very obvious that transportation is the highest priority in terms of our organization's ability to produce some work. The major change that you see is the splitting of what is currently the public works division, creating a separate standalone transportation division that will put all the responsibilities, the authority and then, therefore, in my perspective, the accountability for road construction into a single organization, rather than having that decentralized into a number of different departments where it's been very, very difficult to align those responsibilities. What's remaining within the public works division will be called the public utilities division. As you can see on the organizational chart that's attached, within the public utilities division then would be the traditional utilities, water and wastewater, as well as solid waste department. The second portion of this reorganization plan deals with the department of revenue. And I think you see on Page 2 of the executive summary, there's a reallocation of what is currently a centralized department of revenue collection, and we are simply creating a public works finance department as part of public works, and we will create a separate EMS billing and collections system as part of EMS. And the last is a fairly minor item, but it's the reassignment of the contract administration for the medical examiner's operation into what is the emergency services division, where frankly it fits much better there than it does in with parks and libraries and museums. The fiscal impact is provided for you in the executive summary as well. Most of the impact is to your enterprise funds and your fund, Stormwater Capital Fund 325, as well as your Transportation Fund 101, and there's a very, very limited, if any, Page 53 May 2, 2000 impact to your general fund by way of this reorganization. With that, I'd be happy to answer any questions for you. I will tell you that I think this puts us in a much better position to be able to get the work done that you've asked me to do. And I would certainly ask that you -- and hope that you would support that plan. COMMISSIONER MAC'KIE: Question. CHAIRMAN CONSTANTINE: Commissioner Mac'Kie. COMMISSIONER MAC'KIE: I need to understand. I have not been able to articulate well what was broken about the way that we were doing transportation staffing. So to be able to understand how this is going to fix it, in my simple terms, I didn't know who to call about a road problem, because people were in different departments. You know, everybody thought call Ed Kant for every transportation problem, but in fact he was only in charge of what? MR. OLLIFF: Certain portions of the engineering function within -- COMMISSIONER MAC'KIE: Certain portions of. MR. OLLIFF: Right. COMMISSIONER MAC'KIE: So is basically what was broken that the line of responsibility was diverted among different divisions, departments, and you're correcting that? Is that a simple way of saying what you're doing, or -- MR. OLLIFF: Yes. I think through the creation of OCPM -- and most of you are familiar with the office of capital projects management -- we had construction engineers, construction managers, project managers, responsibility for projects that ranged anywhere from park construction to library construction to road construction to wastewater plant construction, and it was very, very difficult for the board or for the management staff to keep track of who was responsible for what type of project. It made accountability very difficult. COMMISSIONER MAC'KIE: So now if I want to know who's going to be in charge of the Pine Ridge Road project, once you have this in place, you'll be able to tell me who that is? MR. OLLIFF: Yes. In fact, I'm going to ask that the board, you know, funnel all of your communications and requests for information through that transportation administration office, and they will be able to provide you a central point for all of your Page 54 May 2, 2000 transportation related questions. COMMISSIONER MAC'KIE: Last transportation question where it was related to department of revenue. Is DOR -- have they been responsible for collecting impact fees? MR. OLLIFF: In-- CHAIRMAN CONSTANTINE: Or not. COMMISSIONER MAC'KIE: Yeah, or for not collecting impact fees. MR. CAUTERO: Vince Cautero. Building review and permitting department, as well as other functions of the development services area are responsible for the assessment of impact fees. DOR only collects what they're told to collect. MR. OLLIFF: Right. COMMISSIONER MAC'KIE: So my question here is does this reorganization address the problems that we've had in impact fee assessment and collection, or is that to come later? MR. OLLIFF: I think this will certainly go a long way, but that's frankly a separate effort. That's really going to be a by-product of some of this reorganization work that Vince and I and Phil Tindale and the clerk of courts office have been working on a separate effort to correct a lot of what are the audit issues. And in fact, Vince and I are putting together a presentation in response to that audit that will be either on your next agenda or the May 23rd agenda. COMMISSIONER MAC'KIE: I was surprised to read in the newspaper today that the Clerk told -- if it's accurate, that the Clerk told the Republican Executive Committee that we are ignoring his audit information on impact fees. Could you tell us what you're doing? MR. OLLIFF: I can't tell you what he said to the Republican Executive Committee, but I can tell that you the Clerk and his entire audit staff that was tasked with that particular audit had met with my office directly on at least two different occasions. We've been working in providing responses to them, and we are also in the process of putting together a plan, a remedial action plan, if you will, that we are also being tasked, Vince and Phil and Ed, going back and sitting down with them to make sure that the actions that we anticipate putting in place to correct that, make sure that doesn't happen again -- Page 55 May 2, 2000 COMMISSIONER MAC'KIE: But what's in this reword plan that addresses -- as you know, you've gotten the message very clearly that we all think transportation construction has -- is broken, and you've addressed that. I see that. Where and how are you addressing the staffing organization issues, if that's what they are, or if they're individual personnel issues. What is the manner in which you're addressing the impact fee collection and assessment problem? COMMISSIONER BERRY: Excuse me. Commissioner Constantine, didn't you place an item on the agenda regarding impact fees? Was it about this? COMMISSIONER MAC'KIE: Well, how is he going to address it in his reorganization plan is my question. COMMISSIONER BERRY: Okay, but I think there's some specific questions about impact fees, and I mean, I don't care, it's not my meeting, Tim, it's up to you. But I thought that you had placed an agenda item, and I thought we were going to talk. Because if you want to talk about impact fees, then I want to get into it. COMMISSIONER MAC'KIE: And I assumed that the specific piece of the impact fee question that I'm asking here is it seems to me you have correctly identified that there was -- the system was broken for transportation, and you're proposing a system to correct that. It appears to me that the system is also broken for assessment and collection of impact fees. My simple question is, is that addressed here, is that to come later? MR. OLLIFF: To a large extent it is addressed here, simply because the responsibility for the management of the impact fee ordinances rests in Vince's shop in community development/environmental services, as well now because of the breakdown of DOR, the collection of those revenues, and that section within community development and environmental services are also going to be Vince's responsibility. So all of the responsibilities for oversight of the ordinance and collection of the monies, sending out of the bills is also in one house as a result of this organization. COMMISSIONER MAC'KIE: And that's a very significant improvement, in my mind. I think that's Commissioner Carter we're hearing breathing Page 56 May 2, 2000 into the microphone. Commissioner Carter. COMMISSIONER CARTER: Well, you know, if I'm understanding this, Tom, you know, one, I applaud you for your reorganization changes, because this is a step where we need to go. And I also see the impact fee issues, I think I just heard you say, is a separate activity that you're going to give us a more detailed report on how we're going to correct all of that as it fits into this new organization, so we prevent these problems from happening in the future. The other thing is the Clerk to me has sung Tom Olliff~s praises in cooperation on this impact fee area. I don't know what the Naples Daily News said, but until the Clerk comes and clarifies that, I would be suspect of anything that I read that might not have been reported, let's say, in the way that which it may have been said. COMMISSIONER BERRY: I wish I could enlighten you, Commissioner Carter, as to what the newspaper has said. CHAIRMAN CONSTANTINE: Actually, they have said that the Clerk has spoken very highly of Mr. Olliff. COMMISSIONER MAC'KIE: Right. COMMISSIONER BERRY: Absolutely. CHAIRMAN CONSTANTINE: There are a number of other things that we could raise issue with, but we're not going to right here. Other questions regarding the reorganization? COMMISSIONER NORRIS: Just one. CHAIRMAN CONSTANTINE: Commissioner Norris. COMMISSIONER NORRIS: Mr. Olliff, I see that we have engineering for public utilities separated from transportation. But in fact on a lot of our new road projects, they go hand in hand. How do we coordinate between those two divisions? MR. OLLIFF: That is the only one of these sort of separated issues that we came across as part of this reorganization. I think what we're going to do is for each and every major road project, we're going to create project teams. And in this case, if there are some utility relocation type issues, there would be a person from the utilities engineering section that would be assigned to participate on that road construction team so we make sure that coordination is there. COMMISSIONER NORRIS: So we are going to handle that? Page 57 May 2, 2000 MR. OLLIFF: Absolutely. COMMISSIONER NORRIS: Okay, that's fine. I have no other questions. CHAIRMAN CONSTANTINE: By law, we don't need to approve this. We probably should, however, have -- if we have any particular objections or concerns, raise them at this time. Anything anybody else want's to -- COMMISSIONER NORRIS: Motion to accept the reorganization plan. COMMISSIONER CARTER: I'd second that. CHAIRMAN CONSTANTINE: Motion and a second. Any discussion? Seeing -- COMMISSIONER MAC'KIE: Yeah, I got one more question. Is this where we're talking about moving beach management into parks and out of where it currently is? I didn't hear you mention that in your -- MR. OLLIFF: I didn't and that was an oversight. Because yes, that is one of the -- the other, I guess you would consider major changes is that the entire beach renourishment function would move from its current public works engineering section over into the parks and recreation department. Organizationally, it's a location where a lot of other agencies have that function. Frankly, I'm also very encouraged by the way parks gets projects done, stays on schedule. And I think just the way that they are organized in terms of project management will help that section as well. COMMISSIONER MAC'KIE: I just didn't want to let that slide through, because it sounds like a real positive change to me. Thank you. CHAIRMAN CONSTANTINE: Other questions? MR. OLLIFF: Thank you very much. CHAIRMAN CONSTANTINE: All those in favor, state aye. (Unanimous vote of ayes.) CHAIRMAN CONSTANTINE: Motion carries, 5-0. Item #8G1 REPORT ON CPR TRAINING - PRESENTED 8(G)(1), CPR training report. Chief Flagg. Page 58 May 2, 2000 MS. FLAGG: Good morning, Mr. Chairman, commissioners. Chief Diane Flagg, Emergency Services Department, for the record. I'd like to take this opportunity to thank you for your support of Collier County's CPR Day 2000. This past Saturday, between the hours of 9:00 a.m. and 2:00 p.m., 536 community members were trained on the techniques of CPR and obstructed airway maneuvers. This fete was made possible through the enthusiastic and dedicated efforts of 27 volunteers and 41 CPR instructors. Their commitment to this event made it a huge success. Collier County was one of 11 sites in the State of Florida to host a CPR date. And state-wide, over 6,000 individuals were trained in CPR on April 29th. The public information department has graciously produced a short video that shares the excitement and dedication of the volunteers, the CPR instructors and the community members who came out to learn the skills of saving life. Could we roll the video? COMMISSIONER NORRIS: Are you picking this up, Commissioner Carter? CHAIRMAN CONSTANTINE: Yeah, I'm here and someone else is on-line. (Video production.) CHAIRMAN CONSTANTINE: One more reason we have the number one EMS department in the state. MS. FLAGG: Thank you. And again, thank you to the many, many volunteers and CPR instructors that made it possible. Thank you. CHAIRMAN CONSTANTINE: Thanks. MR. OLLIFF: Thank you, Diane. Item #9A REPORT OF THE COUNTY'S COASTAL AND OCEAN ENGINEERING EXPERT AND LEGAL COUNSEL REGARDING THE 1995-1996 BEACH RESTORATION PROJECT - COUNTY ATTORNEY TO PURSUE AGGRESSIVE ACTION RELATIVE TO THIS PROJECT CHAIRMAN CONSTANTINE: Number nine, county attorney's Page 59 May 2, 2000 report. To present a report of the county's coastal and ocean engineering expert and legal counsel regarding the beach restoration project. Hi, Dave. MR. WEIGEL: Good morning, Mr. Chairman, commissioners. David Weigel, county attorney. And as you're aware, pursuant to board direction this past year, we put together a team of outside counsel, Mr. Steven Sigfried, Coral Gables, fine firm. And Doug Mann of Coastal -- get my coastals correct here -- Coastal Planning and Engineering. And you have had an opportunity to review the report. It's been made available to the public, to the media, and we're here to provide both the technical and legal answers to questions that you have. We can, if you would like, provide a synthesis of the report. We're really here to respond to your need and direction at this time. Go ahead, Doug. MR. MANN: For the record, Douglas Mann, Coastal Planning and Engineering, Boca Raton, Florida. This morning I'm here to present the results of our findings of a study of the events that occurred as part of the 1995-1996 Collier County beach restoration project. In summary, the project started off as a 1.4 million cubic yard project, with an original bid cost of 8.9 million dollars. In the end, the final project resulted in about 1.125 million cubic yards of sand being placed on the beaches of Collier County, with a final construction cost of 10.2 million dollars. Collier County has also spent an additional 1.5 million dollars between July, 1996 and March, 2000 in order to clean up approximately 15,000 cubic yards of rock that was placed on the beaches. The report focuses on two contracts: One, the contract between T.L. James and Company and Collier County that was the construction contractor, and the contract between Coastal Engineering Consultants, Incorporated and Collier County. This presentation is simply a summary of findings of the report. And I've tried to condense it to kind of expedite our discussion this morning. T.L. James -- in reviewing the records, T.L. James was found to have dredged horizontally and vertically outside the limits of Page 60 May 2, 2000 the borrow areas, and this may have resulted in rock being placed on the beach. T.L. James failed to provide the horizontal or vertical control information that was required by the construction contract. The vertical ducts, reported in their daily quality control reports, which were required by the contract, were frequently less than the maximum depth that they dredge for any particular day, as indicated in the post-construction surveys. After change order No. 2 was issued, T.L. James had been instructed to dredge to a shallower depth. The dredge records indicate -- post-construction surveys indicate that they continued to dredge deeper than those new instructions that they were given by Collier County and Coastal Engineering consultants. The project was hampered by the choice of equipment that T.L. James brought to the construction contract. They brought what was called a cutter head dredge, which we have a picture of one over on the wall. And they were -- brought that to excavate what I've termed relatively thin layers of sand deposits, which were underlain by rock. A hopper dredge would have been more appropriate for this type of excavation. COMMISSIONER MAC'KIE: A hopper dredge, being like a vacuum? MR. MANN: A hopper dredge is much more similar to a vacuum cleaner in that it can remove very thin layers of material, six inches, a foot, at one given time, and makes multiple passes over an area, One rock was found to be coming from the discharge pipe. The equipment that T.L. James brought was not readily adaptable to removing or providing supplementary equipment too to remove the rock prior to its placement on the beach. T.L. James was also hampered by their choice of equipment in that sea conditions, both expected and unexpected that occurred during this particular project resulted in limited production. In summary, the choice of equipment limited T.L. James' ability to perform the contract, though it did not necessarily prevent them from performing the contract. T.L. James failed to provide daily dredge position reports, as required by Section TS 9.3 of the contract. Thus Collier County was not provided the assurance that T.L. James was dredging in Page 61 May 2, 2000 the right location and the right elevation. This information was to be provided on a daily basis, and as a result both Collier County and Coastal Engineering consultants had to rely upon incomplete information in its assessment on its daily assessment, as well as contract assessment of the overall contractor performance. T.L. James failed to limit excavation in borrow area NB2A. CHAIRMAN CONSTANTINE: Excuse me just a minute. Bill, if you guys want to talk, you can, but please do it out -- thanks. I'm sorry. MR. MANN: T.L. James failed to limit excavation in borrow area NB2A, as required by change order No. 2. They then negotiated change order No. 4 for the additional sand at the higher unit cost. And we'll get back to this point in a minute. During construction CEC, Coastal Engineering Consultants, their contract with Collier County required them to make observations of the beach and of the work in order to verify pay quantities and to review material and workmanship. In the event -- CEC performed many more observations than was required by the contract, if acceptable materials were being delivered to the construction site. And there were insufficient number of observations during the time rock was actually being placed on the beach along with the sand. Thus they were unable to verify or document the acceptability of all the material that was being placed on the beach. The observation reports do not indicate the presence of either the design professional or the engineer of record for the project actually being on the beach. Due to the severity and longevity of the rock problem, the standard of care in the industry would have dictated that the design professional or the engineer of record had made some observations of the beach in order to get a first-hand view of the severity or longevity of the problem. CEC further did not request Collier County authorize what is known as Section A-7 of their contract, which was a full-service construction observations. It would have provided daily observations. It could have been 24 hours a day of the work. They never -- that provision in the contract was there, it could have been authorized by Collier County. Page 62 May 2, 2000 CEC, after the rock was noted to be -- being placed on the beach, should have come back to Collier County and said either authorize our Section A-7 of the contract, or provide in-house observations by county staff. This would have provided additional manpower onto the beach and provided greater oversight of the contractor's activities, as well as to provide almost continuous review of the quality of the materials being placed on the beach. Administration. Most of the rock, as you will recall, occurred when the initial rock was placed on the beach in January, 1996. It was CEC's obligation to provide some recommendations to Collier County as to what to do regarding this situation. CEC failed to direct T. L. James to the other two borrow areas that were permitted as part of the construction contract that were within the construction contract. While they would not have provided the total volume necessary to construct the contract, they would have provided time for the contractor to continue work operations, while assessments could have been made to determine the basic problem as to why rock was coming in out of a borrow area NB2A. CEC directed T.L. James to dual layer the beach, despite it being in violation of the FDEP permit. And CEC failed to provide Collier County with a complete evaluation of possible alternatives as a result of the rock initially showing up on the beach. And there are many options that were discussed in the report that you have. CEC failed to identify over-dredging by either enforcing the contract -- that is, requiring the contractor to provide all his daily records, his daily dredging evaluations -- or through independent bathymetric surveys. As I indicated before, if CEC directed the contractor to go to alternate borrow areas B or C, that would allowed time for an independent evaluation of the depths be made through a bathymetric survey. Administration of final payment. On April 1st, '97, CEC recommended to Collier County that final payment be made to T. L. James. Thereby, there was some implicit recommendation of acceptance of the work. And this is despite the fact that the CEC knew, through its construction observations report, that Page 63 May 2, 2000 rock was present throughout much of Naples beach. This acceptance showed poor judgment and demonstrates that CEC failed to perform Sections A-6-2 and A-6-4 of their contract. Borrow area design. In the vicinity of vibracore NB53, T.L. James was directed to dredge in excess of the sand depth recorded by the vibracore log. That was the physical sampling of the borrow area that had occurred. In reviewing the actual drilling records that were performed as part of that geotechnical testing, there seemed to be an indication that additional unconsolidated sediment was below that elevation, and so that there was no direct correlation that that particular oversight resulted in rock being placed on the beach. Additionally, in the design, if you interpret -- if the design cut was interpreted by course 4551 in the northwest corner of the borrow area, they may have yielded a somewhat shallower dredge cut in that area. The design performed by CEC did not include a detailed seismic survey or any jet probes. Therefore, the underlying rock elevations were Based on a limited number of vibracore results. CEC failed to complete the vibracore log records, which may have resulted in design errors, and certainly resulted in less information being provided to Collier County, as well as to T.L. James. Let's go back and look at the change orders. Two change orders of importance in this contract. First was change order No. 2. Work was initiated prior to authorization by the board by CEC. Change order No. 2 should have covered the cost of only dual layering the beach, which is what the original authorizing language by the board had indicated. After 12 days of dual layering operations, that work was found to be not producing a quality beach, and the contractor was given new directions for what was called skimming the borrow area; that was, dredging a shallower cut within the borrow area to produce less rock. A separate change order should have been issued for the skimming operation. And the reason is, is that there was a cost to the contractor associated with the technique of dual layering, and there was a cost to the contractor associated with the skimming technique, and they weren't necessarily going to be Page 64 May 2~ 2000 equal in cost. Change order No. 2 also reduced the project volume by 275,000 cubic yards, which ultimately reduced the width of the beach that was constructed. This beach width reduction was never approved by Collier County board. Change order No. 4 goes back -- relates back to change order No. 2, which specified that 300,000 cubic yards of sand were to be dredged from borrow area NB2A at $9.79 a cubic yard, and 525,000 cubic yards were to be dredged from borrow areas B and C at the original bid price of $4.43 a cubic yard. It appears that the contractor placed or dredged an additional 72,500 cubic yards from borrow area NB2A, and then requested payment at the original cost of $9.79 a cubic yard. Project documents indicate that there was what I'll call a gentleman's agreement regarding sand -- regarding dredging in borrow area NB2A, and that all sand would be placed -- would be paid for at $9.79 a yard. The only problem is, that gentleman's agreement is not referenced in either change order No. 2 or in change order No. 4. Nevertheless, change order No. 4 was approved. Based on a strict interpretation of change order No. 2, T.L. James was not entitled to change order No. 4, and this resulted in a cost to Collier County of over $400,000. We briefly discussed the rock removal operations. 3,000 cubic yards of rock has been removed by T.L. James and Vanderbilt Beach by the course of the construction contract. The county themselves have removed 15,000 cubic yards of rock from Naples Beach at a cost of a little over 1.5 million dollars. And that includes both direct construction costs, county staff time, consultant's time and the like. Humiston & Moore Engineers have reported to Collier County that the Naples Beach has been cleaned to or below native beach levels in terms of rock percentage. Nevertheless, gravel-size rock, that is, rock that was less than three-quarters of an inch, would ultimately still exist on Naples Beach, because that was not filtered out and that may be objectionable to some beach users. Humiston & Moore Engineers also reports that rock remains on Vanderbilt Beach, the one site that was tested, and recommends additional testing at this time. County staff has Page 65 May 2~ 2000 gone on and recommended that utilizing the beach rakes in the Vanderbilt Beach area would be an appropriate management response. At this time, I'll take any questions from the commissioners. CHAIRMAN CONSTANTINE: Commissioner Mac'Kie. COMMISSIONER MAC'KIE: I need to see if I'm understanding this simple version of -- and some of this is stuff that we discussed. I've had the luxury of meeting with them one-on-one, because I happened to be here at a time that that worked out. But as I -- correct me where I misstate something, because I want to see if I understand you. We thought we were going to get 1.4 million cubic yards of sand for 8.9 million. We ended up getting 1.25 for 10.2 million. MR. MANN: 1.125. COMMISSIONER MAC'KIE: 1.125 for 10.2 million. We also got 15,000 cubic yards of rock that we didn't want. MR. MANN: Correct. COMMISSIONER MAC'KIE: So now we're trying to find out who's responsible for putting that rock on the beach so we can make them pay for it. When we loop at -- there are two places to look: One is T.L. James. T.L. James is responsible to the extent -- and I'm talking very generally here, but T.L. James' responsibility is that they dredged outside of the borrow areas. And from my mind, they used that giant drill instead of a vacuum cleaner, and that seems to be a bad call. But their responsibility, I realize, is more complicated than this because of the technical requirements of the contract. But they basically went outside of the borrow areas, and that's where their responsibility for rock. Generally true? MR. MANN: Yes. COMMISSIONER MAC'KIE: Coastal Engineering's responsibility is basically that they didn't adequately supervise T.L. James' operation. And when I've spoken to Coastal Engineering about that before they've said yes, but we offered you a 24-hour supervision term of your contract and you rejected it because it would cost too much. What you're telling me that I didn't know is that A-7 of the contract says if we see a need for extra supervision, we're going to come in and tell you about it so that you can authorize either Page 66 May 2, 2000 we, Coastal Engineering, to do it or you can do it yourself. And they didn't come in and trip that emergency A-7 provision, even after we all knew rock was all over the beach. Is that true? MR. MANN: There's no indication in the records that I've been made available to me that they requested Collier County to authorize section A-7. COMMISSIONER MAC'KIE: And it's certainly not in my recollection that they did. Then comes the one that is the most troubling to me from both the staff -- because then at this point we start saying okay, we also had staff supervision, Mr. Olliff. Where were they when we were doing things like -- why didn't we notify T.L.J. they were in default when they didn't deliver those daily reports? And why didn't our staff know that dual layering is a permit violation? And why didn't we call Coastal Engineering in default when they didn't complete the vibracore records? Those are questions I have for you to answer. But the bottom line is you're telling us that when our staff and Coastal Engineering stood at that podium and said this dual layering, this armoring of the beach, burying the rock, is an acceptable alternative that we could choose, you're saying that they knew or should have known at the time that that was clearly a violation of the permit. MR. MANN: They should have known that that was a violation of the permit. COMMISSIONER MAC'KIE: Okay. CHAIRMAN CONSTANTINE: Since it first became apparent that there was difficulty with the project, this board has consistently said let's find out who's responsible and let's pursue, particularly because there were extra costs, appropriate money back. Mr. Weigel, this report puts us in a position where we can finally do that; is that not correct? MR. WEIGEL: I believe that it does, Mr. Chairman. CHAIRMAN CONSTANTINE: Thank you. Mr. Olliff, we have three speakers. · MR. OLLIFF: We do. Your first is Bill Boggess, followed by Gil Erlichman. CHAIRMAN CONSTANTINE: Good morning. MR. BOGGESS: Good morning, commissioners. My name is Page 67 May 2, 2000 Bill Boggess, and reside in the City of Naples. I'm a retired civil engineer and former member of the city/county beach committee. Accountability. That is what we ask for. Accountability is what the people of Collier County expect. Everyone who receives public funds should be accountable, including Dr. Michael F. Stephen and his company, Coastal Engineering Consultants, Inc. Stephen and Coastal have profited considerably from their, quote, errors of judgment, unquote. So how can we, the tax paying public, condone payments to this consultant who apparently used poor judgment, resulting in five or six millions of tourist tax dollars being wasted, resulting in a sub par project. Then gets paid time after time to supposedly correct those problems? This report before you today is well documented from that which, if covered, the one and a half million dollars wasted, and immediate action should proceed toto, in toto. Then for the other wasted five million dollars, we again request that you turn to our publicly elected financial trustee Dwight Brock, and fund him to pursue the balance of the beach project problem posthaste. Accountability, that's all we ask for. Thank you. CHAIRMAN CONSTANTINE: Next speaker is Mr. Erlichman, and he'll be followed by? MR. OLLIFF: Bonnie MacKenzie. MR. ERLICHMAN: Good morning, commissioners. Gil Erlichman. I reside in East Naples. And I'd like to wish Mr. Carter a speedy recovery. It was about four years ago, I don't remember the exact date of the meeting, but I stood here in the same position and asked the commissioners at that time on the board -- I don't know whether you were the same commissioners, but I asked the commissioners of Collier County at that time to pursue the idea of having the beach rocks cleaned up at no cost to the taxpayers of Collier County. And I'm very happy to be here today to listen to the probing questions by Commissioner Mac'Kie, and we have a new Collier County manager who I've heard nothing but good reports about, and I feel that he's going to make a clean sweep with this Page 68 May 2, 2000 reorganization that he's proposing. And I think that -- I hope that the taxpayers will be able to recover the money that was wasted on the beach renourishment, clean up those rocks. And of course the latest thing, the impact -- road impact fees, that's something else. But I'm very happy to be here today to listen to that report by Mr. Mann, placing the blame where it should be, Coastal Engineering Consultants. They're the ones who to me was -- that I had a copy of the contract, which I inadvertently threw out. But they're -- they were responsible for supervising the whole job of beach renourishment. And the way of -- what I've learned today is that they didn't properly report it to the County Commissioners, who would have then taken appropriate action to immediately stop the placing of the rocks on the beach. But I wanted to thank up very much today for this opportunity to address the county commission, and I hope the county is successful in collecting the money that was spent by the taxpayers on this beach renourishment fiasco. Thank you. CHAIRMAN CONSTANTINE: Thank you. Our final speakers are City of Naples Mayor, Bonnie MacKenzie. MAYOR MacKENZIE: Good morning, and thank you very much for giving me the opportunity to be here this morning. You may have heard rumors that we on City Council occasionally have some disagreements. I'm here to represent to you that we are united in our pledge to you of our full and very firm support as you decide in what course of action you're going to pursue. Hopefully it will be to pursue any legal remedies that may be available to you, and appropriate under the circumstances to recover the costs that have been expended to remove the material that was placed on the beaches that does not meet with the permit specifications, as well as going forward to hire an engineering firm to oversee future beach contracts. Thank you very much. CHAIRMAN CONSTANTINE: Thank you. Mr. Olliff, Mr. Weigel, my recollection is that when the problem first came up, the board asked, A, for the removal of the rocks, and that concurrently we asked for a full investigation into how and why it happened and who was accountable or who was responsible, and that we indicated a desire to pursue legally Page 69 May 2, 2000 whatever appropriate means to recover those funds. It sounds like we are all the way up to the last item on that list. We have been working our way on the rocks anyway. We have over the past eight or 10 months finished this investigation. Looks like we have some things that point very strongly in two directions, though they are similar directions and related directions. And now it's a matter of when, how and if we pursue it legally. I for one think we should. There needs to be accountability, as Mr. Boggess said, and I think we need to pursue whatever is appropriate. And I'm looking for some specific direction from you, Mr. Weigel. Legally what can we do, what is our next step to try to recover some of these funds? MR. WEIGEL: Thank you. Well, I've certainly been in extended discussion with Mr. Mann, and also our outside counsel assisted us -- has assisted us very ably in this process, Steve Siegfried, who is here also. And Mr. Siegfried may wish to add to my response to your question. But we do believe that based upon the report, much of the information certainly obtained through cooperation both from T.L. James and Coastal Engineering Consultants and staff, all done in a voluntary way, outside of the rigors of litigation at this point, but we do believe that upon the basis of all these things that brought this report into being, and our review from a project and legal basis, that we would ask and request the board to authorize the county attorney, with the support of this support outside counsel and engineering firm, to pursue any and all remedies and claims that we believe we do have in this matter up to and including, of course, litigation in pursuit of those claims. And again, I may have nothing additional to add to this, but Mr. Steven Siegfried is here -- CHAIRMAN CONSTANTINE: Question I would have is you concluded that by saying up to and including litigation. I would assume you could begin litigation and then negotiate concurrently. But my concern is it's taken us four years to get to this point, three and a half years to get to this point. I don't want to spend another two years chitchatting about it before we go forward. Obviously, if we can come to some sort of agreement Page 70 May 2, 2000 outside the courtroom, that's fine. But if the quotes in the newspaper are accurate, T.L. James certainly has no interest in taking any responsibility, and the only place that's going to happen is in the courtroom. So -- MR. WEIGEL: That may be the case. And I will say that my response is, of course, that we pursue this aggressively and use all opportunity that we have to bring pressure, as well as the dialogue through all sources here, too. CHAIRMAN CONSTANTINE: I'd be happy to entertain a motion. COMMISSIONER MAC'KIE: Motion to direct the county attorney to do exactly what he just described. COMMISSIONER BERRY: Second it. CHAIRMAN CONSTANTINE: Motion and a second -- COMMISSIONER CARTER: Mr. Chairman? CHAIRMAN CONSTANTINE: Commissioner Carter. COMMISSIONER CARTER: Yes, one question on this, and that's in regard to Vanderbilt Beach. I want to make sure that if we incur any additional expenses in cleaning that beach, that that's a part of this litigation. CHAIRMAN CONSTANTINE: I think that's appropriate. Everybody's nodding. I know you can't hear that. COMMISSIONER CARTER: Okay. CHAIRMAN CONSTANTINE: Any further discussion? MR. WEIGEL: I have a little further' discussion for you, if I may, and that is we've reached the point, the board authorized -- I think it's important for the record to be reminded that the board authorized a budget amendment to the County Attorney Office so that we could pursue this endeavor, which we've done. We are not spending, have not spent, tourist tax money for this at this point, nor do we anticipate using or asking for tourist tax money as we go forward to address these claims and legal pursuits. I will tell the board that either today or I can come back next Tuesday and/or the 23rd to ask the appropriate budget amendment that we would need to continue to fund this call it extraordinary project that we have going at the present time. COMMISSIONER MAC'KIE: My-- CHAIRMAN CONSTANTINE: Commissioner Berry? COMMISSIONER BERRY: I just have a question. Page 71 May 2, 2000 Mr. Weigel, how long do you think this whole process will take from here on? MR. WEIGEL: Well, you know, with litigation, along that line, and pursuing it in the court here, we could conceivably be in federal court dealing with out-of-state defendant, potentially. The -- it could be a year or two in court. COMMISSIONER BERRY: I just want -- so people have an idea of what we're talking about, that possibly there's not going to be a resolve to this in the next two to three months -- MR. WEIGEL: No. COMMISSIONER BERRY: -- that this is something that's going to take a while, unfortunately. MR. WEIGEL: Well, it may. And of course working with the contract parties we're talking about here, T.L. James and Coastal Engineering Consultants, simultaneously, as Mr. Constantine averred, is the fact that we may in fact have information coming back to you based on our discourse with them, parallel to but apart from litigation, where the board will have some opportunities to act and consider. We were going to investigate that obviously fully. CHAIRMAN CONSTANTINE: Other discussion? Seeing none, all those in favor of the motion, please state aye. Anybody opposed? (No response.) CHAIRMAN CONSTANTINE: Motion carries 5-0. Thank you. MR. WEIGEL: Thank you very much. Item #10A RESOLUTION 2000-128, APPOINTING TY AGOSTON TO THE RURAL FRINGE AREA ASSESSMENT OVERSIGHT COMMITTEE - ADOPTED CHAIRMAN CONSTANTINE: Item 10(A), appointment of member to the rural fringe. There's one position, one person. COMMISSIONER BERRY: Move approval. CHAIRMAN CONSTANTINE: There's a motion from Commissioner Berry-- COMMISSIONER NORRIS: Second. CHAIRMAN CONSTANTINE: -- second from Commissioner Page 72 May 2, 2000 Norris. COMMISSIONER MAC'KIE: Question. CHAIRMAN CONSTANTINE: Yes. COMMISSIONER MAC'KIE: Is there at any point --just that this brought to my attention the makeup of the fringe committee that we basically have. We have two bankers, two contractors, we have the CBIA and the Chamber, we have an engineer, we have one environmentalist and then two community people. I was surprised to see the makeup of the committee as it turned out, and I just wondered if there was any interest on the board of seeking advice from our staff or from our outside counsel. CHAIRMAN CONSTANTINE: Do you want to put that on for an agenda item at some point? COMMISSIONER MAC'KIE: I'd love to do that. CHAIRMAN CONSTANTINE: Okay. I don't mind having that discussion. COMMISSIONER MAC'KIE: Great. So will you do that for me, Tom? Thank you. CHAIRMAN CONSTANTINE: Motion from Commissioner Berry, second from Commissioner Norris. Discussion? Any public speakers? MR. OLLIFF: No, sir. CHAIRMAN CONSTANTINE: please state aye. (Unanimous vote of ayes.} CHAIRMAN CONSTANTINE: Seeing none, all those in favor, Motion carries 5-0. Item #10B RESOLUTION 2000-129, REAPPOINTING CRYSTAL KINZEL AND APPOINTING DALE LEWIS TO THE RADIO ROAD BEAUTIFICATION ADVISORY COMMITTEE - ADOPTED Appointment of members to the Radio Road Beautification Advisory Committee. Two members, two names. COMMISSIONER MAC'KIE: Motion to approve. COMMISSIONER BERRY: Second it. CHAIRMAN CONSTANTINE: There's a motion and a second. Any discussion? Page 73 May 2, 2000 aye. Seeing none, all those in favor of the motion, please state (Unanimous vote of ayes.) Item #10C RESOLUTION 2000-130, REAPPOINTING/APPOINTING JOSEPH DINUNZIO, E. GLENN TUCKER AND RHONA SAUNDERS TO THE TOURIST DEVELOPMENT COUNCIL - ADOPTED COMMISSIONER NORRIS: Mr. Chairman, on the next one, I see the recommendation is for one municipal officer. CHAIRMAN CONSTANTINE: Next one, for anybody who doesn't have it in front of them, is appointment to the member of the TDC, couple of appointments, three. COMMISSIONER NORRIS: As everybody knows, Marco Island generates over a third of the tourist tax money, and after the term ends for John Dougherty, then they won't have anybody representing them on the board at all, the tourist development council. I would like to go ahead and put Glenn Tucker on that board as a municipal official. COMMISSIONER CARTER: And for the non owner/operator, I would like to reappoint Rhona Saunders. CHAIRMAN CONSTANTINE: And we have only one owner/operator, that being Joe DiNunzio. If someone wants put those three in the form of a motion? COMMISSIONER NORRIS: I will do so. CHAIRMAN CONSTANTINE: Is there a second? COMMISSIONER BERRY: I can't support that motion. CHAIRMAN CONSTANTINE: I'm going to second the motion. And let me just tell you about the TDC meeting. There was some discussion; it was actually a split vote on Karen Louwsma from Everglades, and Glenn Tucker. Originally one of the members of the TDC had started to go ahead and say Tucker, because they were under the impression we had said we were going to stagger those each time. And then it came up that there had been discussion of doing that between Everglades City and Marco. But we never made that a formal policy. Karen was there, and that put the board in a little bit of an Page 74 May 2, 2000 awkward position, and so the council said, you know, okay, we'll endorse. But it was actually a split vote. I think it was -- I don't know if it was 4-3 or 5-2, I don't know. But I would agree, I think Glenn Tucker is appropriate for a couple of reasons. I think it's important to have a Marco person there. Also, he owns some properties and a business in Everglades City, and so he's kind of unique here in that he represents the City of Marco as a city councilor, but he is very much in touch with the needs of Everglades City because he's operating a business down there. COMMISSIONER MAC'KIE: That is what gives me some comfort, that maybe if it's not the -- won't hurt Everglades City. Because frankly, one of the things that I'm most interested in the TDC money doing is helping emerging tourist markets, and Everglades City is that. So I don't want to see Everglades City be shorted here, but I think-- COMMISSIONER BERRY: Precisely my point. It's a difficult situation. We were fine when we only had two municipalities. And when we got the third one, it presented a problem. Because by statute, you can only have two. I believe I'm correct in stating that. Anybody that knows? I believe that -- is that not the case? CHAIRMAN CONSTANTINE: That's the way it's currently written. MR. MANALICH: With regard to what, membership? COMMISSIONER BERRY: Yes, TDC membership. CHAIRMAN CONSTANTINE: Municipal. MR. MANALICH: Right. But the category of person you're talking about? COMMISSIONER MAC'KIE: Municipal. COMMISSIONER BERRY: You can only have two municipalities, even if there were six. Let's say Golden Gate was incorporated and Immokalee was incorporated, you could still only have two, regardless of how many cities or municipalities you had in the county. MR. MANALICH: That's my recollection, yes. COMMISSIONER BERRY: Okay, so this is when it starts to present a problem. And with the county, the size of Collier County, we're not a nice, close, neat, compact county, and it's very different in the eastern part of the county. Yet they have a type of tourism than what you find in the coastal counties. That Page 75 May 2, 2000 was my reason for supporting Ms. Louwsma and letter continue on the TDC. It's just the difference, and it brings a different perspective to the TDC. I have nothing against Glenn Tucker in any way, shape or form. He's a well respected attorney on Marco Island and has been a well respected councilman, from what I know of. I don't have anything against him. But it's just the idea of the representation to make sure that we cover all of Collier County and not just the coastal areas. And Marco is a coastal area. COMMISSIONER MAC'KIE: Right. I could support the motion if we could add something to it, and that would be that we do direct staff to amend the ordinance to require that those two cities -- or that whatever number of cities eventually exist in Collier County, that the representation rotate. That the City of Naples, or whatever the largest city, is required to be on there by statute. But that the second city-- CHAIRMAN CONSTANTINE: How about if we rotate, then we rotate between all the cities? COMMISSIONER MAC'KIE: State won't let you do that. It's a statute. But outside of-- that's in the state law. But I think it would be a good idea if we rotated the second municipal position so that we never get too far afield of having some representation from the non-coastal areas. So I could support the motion with that direction to staff. CHAIRMAN CONSTANTINE: That staff will bring that back in -- how long does that take to bring back something like that? MR. MANALICH: Just the preparation advertising period. Within :30 to 45 days. COMMISSIONER NORRIS: Sometime in our June meeting. Maybe our last June meeting. CHAIRMAN CONSTANTINE: Does the motion maker amend? COMMISSIONER NORRIS: I'll amend. CHAIRMAN CONSTANTINE: I'll second amends as well. Are there speakers on this item? MR. OLLIFF: No. CHAIRMAN CONSTANTINE: We'll call the question. All those in favor, please state aye. All those opposed? COMMISSIONER BERRY: Aye. Page 76 May 2, 2000 CHAIRMAN CONSTANTINE: Commissioner Carter, you were in favor? COMMISSIONER CARTER: Yes. CHAIRMAN CONSTANTINE: That's a 4-1 vote for DiNunzio, Tucker and Saunders. Item #10D DISCUSSION REGARDING JOINT LEE/COUNTY MEETING - COMMISSIONER CONSTANTINE TO SCHEDULE A JOINT MEETING TO DISCUSS VARIOUS TOPICS OF INTEREST Item 10(D). I think each of you saw a copy of the letter I sent up to Commissioner Albion. There are a number of issues that's probably appropriate. I've asked -- suggested to him to talk with his board today. We've got the Army Corps issue floating out there, we've got the solid waste question Commissioner Berry's been working on, some transportation issues, and of course the incorporation of Bonita, for starters, anyway. And I suggested to Lee that if they feel it is, and we feel it is, we'd be happy to host them and do it somewhere in the north end of town. And I just wanted to make sure the board was comfortable with that. COMMISSIONER MAC'KIE: Great idea. COMMISSIONER CARTER: I think it's great, Tim. Let's do it. Item #10E PLAQUE OFAPPRECIATION/RECOGNITION TO BE PRESENTED TO FRANK BLANCHARD FOR HIS PARTICIPATION IN COUNTY AFFAIRS - CONSENSUS CHAIRMAN CONSTANTINE: Item 10(E), Frank Blanchard. COMMISSIONER NORRIS: Okay. As most people know, Frank Blanchard has been very active in county affairs for many years. He's served on the beach committee -- served both of the beach committees, I believe. He's been on the mosquito control board for a number of years. He's been quite an active citizen and he's always had some valuable input for the county. Frank, unfortunately his health is not well today. He's not Page 77 May 2, 2000 doing well. But there's a group of people on Marco that are trying to get up some sort of a tribute for him. And I think it would be appropriate if the County Commission either has a proclamation of commendation or perhaps a plaque that we could send down to join in with the commendation for Frank or all of his services over the years. Perhaps we could have Mr. Olliff coordinate with Mr. Moss and see exactly what they would like to do, but I think it would be nice if the board would authorize that action today. CHAIRMAN CONSTANTINE: Agreed. COMMISSIONER MAC'KIE: Agreed. COMMISSIONER BERRY: Agreed. COMMISSIONER NORRIS: Thank you. Item #1 OF ISSUE REGARDING IMPACT FEES - TO BE DISCUSSED IN DEPTH DURING MAY 9, 2000 MEETING; CLERK OF COURTS, BROCK TO BE INVITED TO ATTEND AND PARTICIPATE IN DISCUSSION CHAIRMAN CONSTANTINE: Item 10(F), discussion impact fee issue. My intent here really isn't to get too far in-depth with this. I wanted to see if the board would be comfortable having a fairly in-depth discussion at our next Tuesday meeting and inviting the Clerk of Courts to come. We've all seen the audit and probably gone through it, but he's had a chance to do a presentation a couple of places, and I think it might be nice to have -- he's been very good working with our county manager -- have the opportunity in this forum to ask some specific questions about that. And I wanted to make sure that was okay with the board before I issued that invitation. But I thought that might be in everybody's best interest to have that clear communication between the clerk and this board and our manager, all in the same forum. COMMISSIONER MAC'KIE: Two great ideas in a row. COMMISSIONER NORRIS: That's good. CHAIRMAN CONSTANTINE: Fabulous. Any objection to that? COMMISSIONER NORRIS: None. Page 78 May 2, 2000 Item #1 1B1 GIL ERLICHMAN RE REPUBLICAN EXECUTIVE COMMITTEE CHAIRMAN CONSTANTINE: Takes us on to 12(C), consideration to adopt an ordinance amending Ordinance 86-41 as amended. MS. FILSON-' Public comment? CHAIRMAN CONSTANTINE: I'm sorry, I skipped public comment on general topics. I believe we have one. MR. OLLIFF: You actually have two. CHAIRMAN CONSTANTINE: Oh, we have two. MR. ERLICHMAN: Thank you very much. Gil Erlichman again. I reside in East Naples. Good morning again, commissioners. I'd like to make one -- two things clear about what happened last night at the Republican Executive Committee meeting. Mr. Brock did not say that the commissioners ignored him. He responded to a question by one of the people on the committee, asking why he doesn't make -- he hasn't -- doesn't -- pardon me, let me start again. One of the questions asked of Mr. Brock is where does he send his reports to. He said he sends them to the commissioners, because that's who he has to report his findings to. Then they said well, has he received any questions or any feedback. I'm speaking -- I'm paraphrasing the question. And he said no, he hasn't received any questions to date. COMMISSIONER MAC'KIE: I spoke to him on the phone yesterday with questions. MR. ERLICHMAN: Pardon? COMMISSIONER MAC'KIE: I spoke to him on the phone yesterday with questions. MR. ERLICHMAN: Well, I guess he meant in writing. In other words, you know -- but he didn't say that directly that the board -- the commissioners ignore him. COMMISSIONER BERRY: How come the quote was in the paper this morning, Gil, quoting him? MR. ERLICHMAN: I don't know, ma'am. I know Jean Edwards is a very, very good reporter. In fact, I think she's an Page 79 May 2, 2000 excellent investigative reporter. But -- okay. Regarding Mr. Olliff, Mr. Brock had nothing but high praise for you. MR. OLLIFF: Thank you. MR. ERLICHMAN: Said you're cooperative, you answered his questions. Whatever request -- he said you are the first county manager that he's worked with since Dorrill and Fernandez that he finally is -- he said it's a breath of fresh air. MR. OLLIFF: Thank you. MR. ERLICHMAN: And I personally hope that for your successful term of office, as long as the commissioners employ you, that you will get to the bottom of what's happened with this road impact fee collection. And I hope that you do a little housecleaning insofar as the people that are responsible for it. Because I don't think this situation can go on and on and on costing the taxpayers money. Thank you very much. CHAIRMAN CONSTANTINE: Thanks, Gil. Second speaker? MR. OLLIFF: Second speaker is Hildegard Nickel. COMMISSIONER BERRY: All I can say, Mr. Manager, is enjoy the honeymoon. Item #11 B2 HILDAGARD NICHOL RE SUGGESTIONS TO UTILIZE A CL-415 AIRPLANE FOR FIGHTING BRUSH FIRES MS. NICKEL: My name is Hildegard Nickel. I reside in Marco Island. Ladies and gentlemen, thank you for the opportunity to bring the following matter to your attention. In the wake of the recent brush fire in Golden Gate Estates, the Naples Daily News published letters to the editor by four readers, recommending that Collier County should utilize a Canadian aircraft, the CL-415. This amphibious airplane is the most efficient mechanism to fight brush fires. I inquired with Bombardier Aerospace in Montreal, the manufacturer of the CL-415. They supplied informative material that I am submitting for your examination. It includes all the technical data, plus an eight-minute videotape of the airplane in action. There is also a web-site, very easy to remember, Page 80 May 2, 2000 WWW.superscooper. com. The CL-415 is currently in use in Canada, France, Italy, Croatia and Greece. This airplane can scoop up 1,600 gallons of water in just 12 seconds, while skimming the water surface. The water can be scooped up in lakes, rivers and the sea. On-board foam injection multiplies the effectiveness of water. With a four-door water drop system, the plane has the ability to make repeated heavy attacks directly on a fire without having to return to an airfield. It can fly four hours without refueling. The CL-415 can operate from amphiports, conventional airfields and open water. An additional advantage of the CL-415 is that it can be configured for other users, including maritime surveillance, search and rescue, and personnel transport. It turns out that the CL-415 has a predecessor, namely, the CL-215, which shares many of the features of the CL-415. The CL-215 has a capacity of 1,400 gallons of water, and it also has a foam injection system. With the introduction of the CL-415, a number of the CL-215 have been traded in and are now available for resale. Let me assure you here, ladies and gentlemen, that I have no financial interest in this matter. Considering the devastation of an out-of-control brush fire, especially if it occurs in a populated area, the acquisition or lease of one of these water bombers appears to be a sound investment. To ease the financial burden, maybe some bordering counties could participate in the purchase or lease and share the use of such aircraft in an emergency. Thank you for your attention and consideration. CHAIRMAN CONSTANTINE: Thank you very much. We'll attach Chief Flagg and we'll also share it with the local firefighters. MR. OLI. IFF: Division of Forestry as well. COMMISSIONER BERRY: I have a question. CHAIRMAN CONSTANTINE: Commissioner Berry? COMMISSIONER NORRIS: I have somewhat an amusing story about this particular airplane. I -- a number of years ago, a group of us were going fishing up in Canada and we were in a Page 81 May 2, 2000 float plane flying along, and there was a brush fire right near the lake where we were going to land. And they've had one of these -- I would assume it would be a 215, as it was a number of years ago. They had one of these operating. And we were in the same air space with him, and could see him very clearly what he was doing. And there were a couple of mobile homes. The fire was sort of moving through these mobile homes. The fellow came down through there with a full load of water, about 20 feet over the tree tops and let it loose, and he just blew those mobile homes completely away. They were just gone. CHAIRMAN CONSTANTINE: But they didn't burn down. COMMISSIONER NORRIS: They didn't burn down. They couldn't, they were twisted up into little pretzels. But I'm sure his motives were -- his intentions were good, but it just didn't work out. COMMISSIONER BERRY: I have -- my question was just on -- I'm sure obviously they use these planes in this. Do they -- have they used them in the United States, number one? With the environmental regulations that we have, who's going to complain when we start dumping sea water out in the forest upland? MS. NICKEL: This is in -- COMMISSIONER NORRIS: Sorry, you can't do that. You need to be on the microphone, and your time is up. COMMISSIONER BERRY: I mean, these are just questions that would be raised. Because about the time we do that, the criticism's going to be leveled that we are doing things that are environmentally unfriendly. But I think it's worth -- I'd just like to see it looked into and see what the situation is. CHAIRMAN CONSTANTINE: Mr. Olliff, we can do that? We can look into this? MR. OLLIFF: Oh, absolutely. And in fact, I think Hank Graham would be awfully interested. COMMISSIONER MAC'KIE: Thank you. Wonderful idea. Item #12Cl ORDINANCE 2000-24, AMENDING ORDINANCE 86-41, AS AMENDED, THE ORDINANCE ESTABLISHING STANDARDS FOR THE CREATION AND REVIEW OF COUNTY BOARDS - ADOPTED Page 82 May 2, 2000 CHAIRMAN CONSTANTINE: 12(C), consideration to adopt an ordinance amending Collier County Ordinance 86-41, as amended. COMMISSIONER NORRIS: Do we have any public speakers? MR. OLLIFF: No. COMMISSIONER NORRIS: Close the public hearing. CHAIRMAN CONSTANTINE: I'll close the public hearing. COMMISSIONER MAC'KIE: Comment. COMMISSIONER NORRIS: Comment? COMMISSIONER MAC'KIE: I'm not going to take a long time, because I know I'm not going to change anybody's mind, but I want to put it on the record that I wish you would consider the following: If we have -- there are times when it is appropriate to ban litigants from service on county committees. Those times would be, for example, if we have a committee that we have said go and build roads, or do -- we have the following -- our position is A, B, C, now go and implement it. And then if somebody sues and says no, no, we think X, Y, Z is right, then they don't belong in the committee. But what we have here is a committee that we have requested give us advice, tell us what we should do, help us plan the future of the county. We haven't -- we don't have a foregone conclusion. We have asked for their input. In that case, saying to a party if you disagree with us so strongly that you will sue us, we don't want your opinion -- COMMISSIONER BERRY: No. COMMISSIONER MAC'KIE: -- that's wrong. COMMISSIONER BERRY: No, that's not the -- CHAIRMAN CONSTANTINE: That's not what we're saying. COMMISSIONER BERRY: That is not the case. The case is, Pam, if this person wants to be a litigant, then at the time when there will be public participation -- they can come to meetings, this doesn't stop them. This ordinance does not stop them from coming to meetings or any of the public hearings that will be held in regard to these lands committees at any time. They certainly have every opportunity to come and express their opinions at that point in time. We're not forbidding that. COMMISSIONER MAC'KIE: But why do we not -- COMMISSIONER BERRY: Why should I -- why would you serve on a committee when you've already made up your mind Page 83 May 2, 2000 that the Board of County Commissioners -- CHAIRMAN CONSTANTINE: Pam, Pam -- COMMISSIONER MAC'KIE: Let me answer the question, please. COMMISSIONER BERRY: -- is way off base. In other words, you're going to -- you have already said you're going to spend taxpayer dollars to support a lawsuit against Collier County, which this board sat up here and said -- which has been approved in Tallahassee, and they are coming back. I mean, I may have some of this misstated, but it has to do with the NRPA's. That's what that lawsuit is about. We've dealt with this as a board. We're going to continue to deal with it. Particularly in the committee that I'm chairing, we're studying this issue. Why launch the lawsuit now while we're in the study phase? CHAIRMAN CONSTANTINE: Yeah, I just want to pony onto that. Because what you said is gosh, if somebody disagrees so strongly with us, why shouldn't they be able to sue. Absolutely they should. However, we haven't stated an opinion yet. There's nothing yet to disagree with. And what we're asking them is to participate in the process to coming up to with what the position of the county will be. Before the county even has the opportunity to do that, they have predetermined what theirs is, and they're going to sue the county unless we go exactly with what they're doing. That's the difference, is we're not discouraging anybody from participating. But if they have already predetermined exactly what they believe is the only way to do it, then that's probably not a good participation in what's supposed to be a coalescence of a number of ideas, a group effort. COMMISSIONER MAC'KIE: I understand. And again, I'm not going to waste too much more of everybody's time, but I disagree, because if the -- I'm sorry, what are you trying to figure out? CHAIRMAN CONSTANTINE: I'm just counting down to 12:00 noon. COMMISSIONER MAC'KIE: Oh, okay. If the person -- in this case what we have here is we've taken a position, we've said natural resource protection areas should be these areas. This person feels so strongly that they should be this area that he's Page 84 May 2, 2000 sued us over it. Why don't we want him on the commit explaining why he's right? COMMISSIONER NORRIS: We do. We appointed him to the committee. Unfortunately he -- COMMISSIONER BERRY: He was on the committee. Why did he feel he had to sue us? He's on the committee to study the issue, like we all are. That's what I don't understand, and that's what I said to him, Pam. COMMISSIONER MAC'KIE: I wish that he hadn't sued us. COMMISSIONER BERRY: See, that was my point. I welcome -- if he has a different opinion, and I know he does, that's fine, sit on the committee and let's talk it over and let's work it out. COMMISSIONER MAC'KIE: So the punishment -- COMMISSIONER BERRY: But he's moved beyond that. COMMISSIONER MAC'KIE: The punishment here is because he sued us, not because he disagrees with us? CHAIRMAN CONSTANTINE: Correct. There is a venue in which he can participate with us and work together, as opposed to being adversarial. He's chosen that -- instead of participating in that, he's going to be adversarial in a court of law. And it just seems premature and it certainly seems like it's not in the spirit of trying to find a cooperative effort between all parties. COMMISSIONER MAC'KIE: I disagree. COMMISSIONER BERRY: See, Pam, maybe as an attorney you view litigation different than I view it. But when somebody -- I take a lawsuit very seriously. And when you say you're going to sue me, dear heart, you have just drawn the line in the sand and we're going to draw swords, because we're going to duke it out until one of us comes out the winner here. COMMISSIONER MAC'KIE: And see, I see litigation as -- especially an environmental process, if you looked at the history of environmental litigation, you'll see that there is often -- the sides have to be drawn, the swords have to be drawn so that the right solution can be met. But it is a part of the evolution of the process. It's a part -- COMMISSIONER NORRIS: COMMISSIONER MAC'KIE: result. CHAIRMAN CONSTANTINE: Commissioner Norris. Motion to approve. -- of the evolution of the right We have a motion from Page 85 May 2, 2000 COMMISSIONER CARTER: I'll second it. CHAIRMAN CONSTANTINE: And a second from Commissioner Carter. Any further discussion? Seeing none, all those in favor of the motion, please say aye. Anybody opposed? COMMISSIONER MAC'KIE: Aye. CHAIRMAN CONSTANTINE: Motion carries 4-1. Item #14 STAFF COMMUNICATIONS - RECONSIDERATION OF ACTION TAKEN ON THE CONSENT AGENDA - APPROVED; AGENDA ITEM #16B5 - WITHDRAWN Staff communications. Mr. Olliff, anything for us today? MR. OLLIFF: Yes, and unfortunately I hate to do this, but there was one item that apparently did not make your change list. It was a bid item. It was 16(B)(5). There was a timely bid protest that was submitted. And if I could, I need to get the board to back up and take two votes for me. I need a vote to reconsider the consent agenda. COMMISSIONER MAC'KIE: So moved. CHAIRMAN CONSTANTINE: For a particular item on the consent agenda? MR. OLLIFF: To reconsider, because you made a single motion on approval of the consent agenda. So if you will simply vote to reconsider that motion on the consent agenda. COMMISSIONER BERRY: I'll second that. CHAIRMAN CONSTANTINE: Motion and a second. All those in favor, state aye. Anybody opposed? (No response.) MR. OLLIFF: The second item then would be to withdraw Item 16(B)(5) from that consent agenda, and then reapprove the consent agenda as modified. COMMISSIONER MAC'KIE: So moved. COMMISSIONER CARTER: Second. CHAIRMAN CONSTANTINE: Motion and second from Commissioner Carter. All those in favor, please state aye. (Unanimous vote of ayes.) Page 86 May 2, 2000 CHAIRMAN CONSTANTINE: Motion carries 5-0. Anything else? MR. OLLIFF: Only to let you know that we have also made a selection on the support services administrator. A young lady named Joanne Leamer, who I think you're going to find to be very, very professional and good to work with. And I will try and have her confirmation on your agenda next week. And if I can, I will try and bring her so that you can meet her before that meeting. COMMISSIONER BERRY: She works with the Airport Authority, right? MR. OLLIFF: She does. She's the finance director of the Airport Authority. COMMISSIONER NORRIS: This is support services, you say? MR. OLLIFF: Yes, sir. MR. WEIGEL: No. Item #15 BOARD OF COUNTY COMMISSIONERS' COMMUNICATIONS COMMISSIONER BERRY: Just a quick question for Mr. Weigel. Where are we on Miller Boulevard at this point? What's the status of Miller Boulevard? MR. WEIGEL: Well, the litigation is ongoing. My promise and prediction was that we would be in court in the middle or latter part of this summer, and that as far as that question on Miller Boulevard is-- COMMISSIONER BERRY: Okay. I had gotten word there's some -- is there a hearing or something concerning this coming up? MR. WEIGEL: No. COMMISSIONER BERRY: There is not? MR. WEIGEL: No. CHAIRMAN CONSTANTINE: Commissioner Norris. COMMISSIONER NORRIS: No. COMMISSIONER MAC'KIE: Not a thing. CHAIRMAN CONSTANTINE: Commissioner Carter, anything? COMMISSIONER CARTER: Yes. A couple of things. First of all, I want to congratulate Tom Storrar for being on our staff, and Page 87 May 2, 2000 Leo Ochs to his new position. And I would like to take this opportunity to thank Collier County employees and the office of the Commission and all the people of Naples for their support and prayers. I am sure this has made a big difference in what I consider a very accelerated recovery, and I'm going to be leaving here on Monday and be back in Naples and will get to see all your smiling faces on television next meeting. CHAIRMAN CONSTANTINE: We look forward to it. COMMISSIONER CARTER: Okay, thank you. CHAIRMAN CONSTANTINE: Just a final note. I'm probably going to be bringing up next week a discussion just actually for some clarification from staff on some things regarding 111th Avenue. There's some new information that's a little different than what was presented, and I just want to clarify that. I don't have -- I think there are some questions that can be answered and there's some I'm not sure how they're going to be answered, so I just intend to bring that on for brief item next week. Other than that, Ms. Filson, do we have anything else? MS. FILSON: No, sir. CHAIRMAN CONSTANTINE: May we be excused? MS. FILSON: Yes. CHAIRMAN CONSTANTINE: Thank you. ***** Commissioner Norris moved, seconded by Commissioner Mac'Kie and carried 4/0 (Commissioner Carter absent}, that the following items under the Consent and Summary Agendas be approved and/or adopted: ***** ***** Commissioner Mac'Kie abstained on Item #16A7 ***** Item #16A1 COMMERCIAL EXCAVATION PERMIT NO. 59.703 "SR 846 LAND TRUST COMMERCIAL EXCAVATION" LOCATED IN SECTIONS 1&2, TOWNSHIP 48 SOUTH, RANGE 27 EAST AND SECTIONS 35 & 36, TOWNSHIP 47 SOUTH, RANGE 27 EAST, BOUNDED ON THE NORTH AND WEST BY LAND ZONED AGRICULTURAL, ON THE SOUTH AND EAST BY LAND ZONED ESTATES, AND ON THE WEST BY CR 846 AND THEN LAND ZONED AGRICULTURAL - WITH STIPULATIONS Page 88 May 2, 2000 Item #16A2 BID #00-3048, CONSTRUCTION OF ARTIFICIAL REEF AT DOCTOR'S PASS - AWARDED TO MC CULLEY MARINE, INC. IN THE AMOUNT OF $39.00 PER TON (NOT TO EXCEED $40,000 Item #16A3 - Moved to Item #8A2 Item #16A4 LETTER OF SUPPORT ON BEHALF OF THE SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL AND ITS OVERALL ECONOMIC DEVELOPMENT PROGRAM (OEDP) Item #16A5 FLOOD MITIGATION CONTRACT WITH THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS (DCA}, TO SUPERVISE REHABILITATION OF A REPETITIVE LOSS HOME LOCATED AT 2500 MONORCA AVENUE Item #16A6 BUDGET AMENDMENT APPROPRIATING FUNDS FOR RETAINING TELECOMMUNICATIONS CONSULTANT Item #16A7 FINAL PLAT OF "INDIGO LAKES, UNIT 2" - SUBJECT TO PERFORMANCE SECURITY, CONSTRUCTION AND MAINTENANCE AGREEMENT AND STIPULATIONS Commissioner Mac'Kie abstained. Item #16B1 - Deleted Item #16B2 WORK ORDER #TE-98-WM-10, WITH WILSON MILLER, INC. FOR CONSTRUCTION ENGINEERING AND INSPECTION (CEI) Page 89 May 2, 2000 SERVICES FOR INTERSECTION IMPROVEMENTS AT IMMOKALEE ROAD (CR 846) AND RANDALL BOULEVARD - IN THE AMOUNT OF $74~627 Item #16B3 PROPOSALS RECEIVED FOR BID NO. 99-3026 FOR THE PURCHASE OF TWO TRACKHOES REJECTED; STAFF TO REBID Item #16B4 - Withdrawn BID #00-3050 FOR PELICAN BAY CATTAIL REMOVAL Item #16B5 - Withdrawn BID #90-3052 FOR PELICAN BAY STREETLIGHTS, SIGN POLES AND LUMINARIES Item #16B6 FOCUS ENGINEERING, INC. AND TKW CONSULTING ENGINEERS, INC. TOP RANKED FIRMS FOR ENGINEERING SERVICES RELATED TO PELICAN BAY FIRE/IRRIGATION WATER IMPROVEMENTS FOR RFP-00-3051, PROJECT 74023 - STAFF TO NEGOTIATE A PROFESSIONAL SERVICES AGREEMENT WITH FOCUS ENGINEERING, INC. Item #16B7 - Deleted Item #16B8 STANDARDIZATION AND PURCHASE OF TRAFFIC RECORDERS AND CHARGERS FROM TIMEMARK INCORPORATED - IN EXCESS OF $25~000 Item #16B9 - Deleted Item #16B10 WORK AUTHORIZATION UNDER PELICAN BAY SERVICES Page 90 May 2, 2000 DIVISION'S CURRENT PROFESSIONAL ENGINEERING AGREEMENT WITH WILSON, MILLER TO PREPARE THE PRELIMINARY AND FINAL ASSESSMENT ROLL FOR THE PELICAN BAY SERVICES DIVISION INFRASTRUCTURE - IN AN AMOUNT NOT TO EXCEED $5~000 Item #16Bll BID #00-3045 FOR ANNUAL CONTRACT FOR "JACK & BORE AND DIRECTIONAL BORE OPERATIONS" - AWARDED TO CABANA CONSTRUCTION CO., INC.; COMMUNICATION BY POIRE, INC.; AND C & G DIRECTIONAL BORING, INC. Item #16B12 RFP #99-3020, IMMOKALEE ROAD (C.R. 951 TO 43RD AVENUE NE) FOUR LANE DESIGN - AWARDED TO CH2M HILL FOR PROFESSIONAL ENGINEERING SERVICES - IN THE AMOUNT OF $2,352,928 Item #16B13 BID #00-3060 FOR THE PURCHASE AND INSTALLATION OF PELICAN BAY STREET SIGNS - REJECTED; TO BE RE-BID WITH AN ALTERNATE DESIGN PROJECTED TO BE WITHIN THE FUNDING ESTIMATE Item #16B14 WORK ORDER ABB-FT-00-04 WITH AGNOLI, BARBER AND BRUNDAGE, INC. FOR MONITORING OF CLAM PASS AND CLAM BAY REQUIRED AS PART OF THE CLAM BAY RESTORATION AND MANAGEMENT PLAN - IN THE AMOUNT OF $43,875 Item #16B15 - Deleted Item #16B16 INTERAGENCY AGREEMENT BETWEEN COLLIER COUNTY AND THE STATE OF FLORIDA DEPARTMENT OF CORRECTIONS, Page 91 May 2, 2000 HENDRY CORRECTIONAL INSTITUTION, FOR CONTINUED USE OF INMATE LABOR IN ROAD MAINTENANCE ACTIVITIES Item #16B17 BID #00-3061 FOR SOUTH COUNTY REGIONAL WATER TREATMENT FACILITY SLUDGE POND CLEAN-OUT - AWARDED TO SUNSHINE EXCAVATORS, INC. IN THE AMOUNT OF $185,500 Item #16B18 - Deleted Item #16B19 - Deleted Item #16B20 AMENDMENT TO WORK ORDER #VB-99-03 WITH VANDERBILT BAY CONSTRUCTION, INC., FOR THE CONSTRUCTION OF AN ENTRY SIGN AT BAYSHORE DRIVE PROJECT NO. 66069 - IN THE AMOUNT OF $3,960.44 Item #16B21 WORK ORDER #TBE-FT-00-03 WITH TAMPA BAY ENGINEERING, INC. FOR TRAFFIC ANALYSIS AND SIGNING & MARKING DESIGN FOR THE PROPOSED WIDENING OF VANDERBILT BEACH ROAD FROM AIRPORT ROAD TO CR-951 (COLLIER BOULEVARD), PROJECT NO. 63051, CIE #63 - IN THE AMOUNT OF $86,959.75 Item #16B22 CONTRACT FOR A COUNTY-WIDE GRADE SEPARATION STUDY TO DETERMINE RATING CRITERIA AND DESIGN PARAMETERS- AWARDED TO KIMLEY-HORN AND ASSOCIATES, INC. IN THE LUMP SUM AMOUNT OF $248,300 Item #16B23 WORK ORDER NO. SMT-FT-00-05, WITH SOUTHERN MAPPING TECHNOLOGY, INC. FOR RIGHT OF WAY MAPPING AND CROSS SECTION SURVEY FOR THE PROPOSED WIDENING OF Page 92 May 2, 2000 VANDERBILT BEACH ROAD FROM AIRPORT ROAD TO CR-951 (COLLIER BOULEVARD), PROJECT NO. 63051, CIE #63 - IN THE AMOUNT OF $81~005 Item #16B24 - Deleted Item #16B25 - Deleted Item #16B26 AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH METCALF & EDDY, INC., RELATED TO THE NORTH COUNTY REGIONAL WATER TREATMENT PLANT, CONTRACT 95-2323, PROJECT 70887, 70890 AND 70859 - IN THE AMOUNT OF $367,330 Item #16B27 AMENDMENT TO WORK ORDER HAA-FT-00-02 WITH HARTMAN & ASSOCIATES, INC., FOR ENGINEERING SERVICES RELATED TO NOISE ISSUES AT THE NORTH COUNTY REGIONAL WATER TREATMENT PLANT, PROJECT 70063 - IN THE AMOUNT OF $52,510 Item #16B28 - Deleted Item #16B29 RFP #00-3046, "SOLID WASTE CHARACTERIZATION AND PROGRAM ANALYSIS" - STAFF TO BEGIN NEGOTIATIONS WITH MALCOLM PIRNIE AND CAMP DRESSER & MCKEE Item #16C1 BID #00-3059, RENOVATION OF SOCCER FIELDS & BALL FIELDS AT VINEYARDS AND MAX HASSE PARKS - AWARDED TO TURFMASTER FOR A TOTAL AMOUNT OF $56,819.50 Item #16D1 Page 93 May 2, 2000 SATISFACTIONS OF CLAIM OF LIENS FOR WATER AND/OR SEWER SYSTEM IMPACT FEES Item #16D2 SATISFACTIONS OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEES Item #16D3 SATISFACTION OF LIENS FOR THE ABATEMENT OF NUISANCES AS DETAILED IN THE EXECUTIVE SUMMARY Item #16D4 RESOLUTION 2000-122, APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1992 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS Item #16D5 RESOLUTION 2000-123, APPROVING SATISFACTION OF LIENS FOR CERTAIN RESIDENTIAL ACCOUNTS WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND SAID LIENS ARE SATISFIED IN FULL FOR THE 1993 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS Item #16D6 RESOLUTION 2000-124, APPROVING SATISFACTION OF LIENS FOR CERTAIN RESIDENTIAL ACCOUNTS WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND SAID LIENS ARE SATISFIED IN FULL FOR THE 1991 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS Item #16D7 RESOLUTION 2000-125, APPROVING SATISFACTION OF LIENS Page 94 May 2, 2000 FOR CERTAIN RESIDENTIAL ACCOUNTS WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND SAID LIENS ARE SATISFIED IN FULL FOR THE 1994 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS Item #16D8 - Deleted Item #16D9 BUDGET AMENDMENT FROM MSTD GENERAL FUND RESERVES TO THE DEPARTMENT OF PUBLIC INFORMATION TO PURCHASE CAMERA EQUIPMENT FOR THE BOARDROOM Item #16D10 BUDGET AMENDMENT FOR ADA IMPROVEMENTS FOR A CIRCUIT JUDGE AND BETTER UTILIZATION OF SPACE IN THE HEALTH AND PUBLIC SERVICES BUILDING Item #16D11 RFP #00-3041, "ANALYTICAL LABORATORY SERVICES - AWARDED TO POST, BUCKLEY, SCHUH & JERNIGAN AS PRIMARY VENDOR AND U.S. BIOSYSTEMS AS SECONDARY VENDOR Item #16E1 BUDGET AMENDMENTS 00-196-197; 00-200-201; AND 00-213 Item #16H1 MISCELLANEOUS CORRESPONDENCE - FILED AND/OR REFERRED The following miscellaneous correspondence, as presented by the Board of County Commissioners, has been directed to the various departments as indicated: Page 95 BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE MAY 2, 2000 FOR BOARD ACTION: 1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: Clerk of Courts: Submitted for public record, pursuant to Florida Statutes, Chapter 136.06(1), the disbursements for the Board of County Commissioners for the period: A. March 30 - April 05, 2000 Districts: A. South Florida Water Management District - Comprehensive Annual Financial Report including Audit and Bond Information and the related Management Letter and Response for FYE 03/30/99; Schedule of District's Governing Board Meetings; and District Map B. Port of the Islands Community Improvement District - Minutes of February 17, 2000 Board of Supervisors C. South Florida Water Management District - Public Facilities Report Update D. Heritage Greens Community Development District - Minutes of December 15, 1999 meeting by the Board of Supervisors Minutes: A. Rural Fringe Assessment Area Oversight Committee - Agenda for March 22, 2000 and April 5, 2000 meetings and minutes of March 22, 2000 meeting B. Collier County Planning Commission - Agenda for March 16, 2000 meeting C. Parks and Recreation Advisory Board - Agenda for March 22, 2000 meeting and minutes of February 23, 2000 meeting D. Golden Gate Estates Land Trust Committee - Agenda for March 27, 2000 meeting E. Library Advisory Board - Minutes of February 23, 2000 meeting F. Lake Trafford Restoration Task Force - Agenda for April 20, 2000 meeting and minutes of February 7, 2000 meeting ' I I A(~'~'~DA .ITE~ NO. ,/~ Pg. o 2 2000 / mo Jo ro Co Historical/Archaeological Preservation Board - Minutes of March 17, 2000 meeting Bayshore Beautification Advisory Committee - Agenda for April 5, 2000 and minutes of March 1, 2000 meeting. City/County Beach Renourishment Advisory Committee - Agenda for April 6, 2000 meeting Collier County Planning Commission - Agenda for April 6, 2000 and minutes of January 20, 2000 meeting Pelican Bay MSTBU Advisory Committee - Agenda for April 5, 2000 and minutes of March 1, 2000 meeting Lely Golf Estates Beautification Advisory Committee - Agenda for April 14, 2000 and minutes of March 10, 2000 meeting No. /'6, MAY o 2 zooo P9. May 2, 2000 Item #1611 LEASE AGREEMENT WITH WILLIAM F. HINIKER AND CAROLE ANN HINIKER FOR OFFICE SPACE AT CORPORATE SQUARE ON RADIO ROAD TO BE USED BY THE SHERIFF'S OFFICE - FOR THE ANNUAL RATE AMOUNT OF $19,200 Item #16J1 STIPULATED FINAL JUDGMENT RELATIVE TO THE EASEMENT ACQUISITION ON PARCEL NO. 111 IN THE LAWSUIT ENTITLED COLLIER COUNTY V. JOSE L. REY, ET AL., CASE NO. 99-3683-CA (GOLDEN GATE BOULEVARD BETWEEN C.R. 951 AND WILSON BOULEVARD) Item #16K1 ECONOMIC DEVELOPMENT ADMINISTRATION (EDA) GRANT FOR THE COLLIER COUNTY AIRPORT AUTHORITY (CCAA) IN THE AMOUNT OF $1,230,000 Item #17A RESOLUTION 2000-126, RE PETITION VAC-00-006, TO VACATE PORTIONS OF INGRESS, EGRESS, DRAINAGE, UTILITY, COUNTY UTILITY, TEMPORARY DRAINAGE AND TEMPORARY TURNAROUND EASEMENTS BEING PORTIONS OF THE PLATS "TOLLGATE COMMERCIAL CENTER PHASE TWO" AND "TOLLGATE COMMERCIAL CENTER PHASE THREE"; AND ACCEPTANCE OF ALTERNATE DRAINAGE AND UTILITY EASEMENTS Page 96 May 2, 2000 There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 12:05 p.m. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL TIMO~Y J. CI~)~ISTANTINE, ~HAIRMAN ATTEST: DWIGHT E. BROCK, CLERK These minutes a~proved by the Board on ~~, as presented~/ or as corrected . TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICE, INC., BY CHERIE' R. LEONE, NOTARY PUBLIC Page 97