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BCC Minutes 03/06/1990 RNaples, Florida, March 6, 1990 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: VICE-CHAIRMAN: Max A. Hasse, Jr. Michael 3. Volpe Richard S. Shanahan Burr L. Saunders Anne Goodnight ALSO PRESENT: James C. Glles, Clerk; John Yonkosky, Flnance D~rector; Ellie Hoffman and Carol McClenathen, Deputy Clerks; Neil Dorrill, County Manager; Ron McLemore, Assistant County Manager; Thomas Olliff, Assistant to the County Manager; Ken Cuyler, County Attorney; David Weigel, Assistant County Attorney; Michael Arnold, 'Utilities Admin~strator; Kevin O'Donnell, Public Services Administrator; George Archibald, Transportation Services Administrator; Frank Brutt, Community Development Services Administrator; Kenneth Bagtnski, Planning Services Manager; William Lorenz, Environmental Services Administrator; Dr. Jane Polkowskt, Public Health Unit Director; Heyward Boyce, Compliance Services ManaGer; Sheriff Don Hunter; Jay Reardon, EmerGency Services Deputy Byron Tomlinson, Sheriff's Office. 00001 Page 1 :. -Tape ,1 /. &(~ENDA AND CONSENT AGENDA - APPROVED WITH CHANGES March 6, 1990 Co~isaloner Goodntght moved, seconded by Contssioner Shanahan ami cmrrted unanimously, that the agenda and consent agenda be approvmd with the following changes: Item 12D - Resolution requesting the C.A.R.L. Committee to include the C.R.E.W. Trust on its funding list - Added (Requested by Commissioner Goodnlght). Item 9D2 - Interviews and selection of professional engi- neering firm to provide professional englneerlng services for Design and Construction Services for the North County Regional Water Treatment Plant - RFP #89-1503 - Continued to 3/13/90 (Requested by Commissioner Hasse). Item 9Al - Correction - Notation for this item to be heard at the end of the agenda Should Not appear - (To be heard as scheduled). Item 9D1 - Request this item be heard at the conclusion of the Regular/Consent Agenda. Item 9Cl - Request this item be heard at the beginning of the regular agenda (Requested by Staff). Item 9Fl - Request this item be heard at 10:00 A.M. (Requested by Commissioner Goodnlght). Item 12A - Cost Reduction Program - to be heard prior to Item 9Fl. (Requested by Commissioner Saunders). SUBSTANCE ABUSE PROCLAMATION - ADOPTED Upon re.ling of the proclamation, Commissioner Saunders moved, if!:~-~,, ss-coz~l by Commissioner Goo~ight ~d carried ~ut~ously, that the ~t~e i~se ~ocl~tton be adopted. Co~lssloner Saunders presented the proclamation to Mr. Roy Te~ry _ and Lt. Tom Storrar of the Sheriff's Office. He applauded them for ?,[; ' their efforts to help rid Collier County of i~legal drugs. Mr. Roy Terry stated that the Foundation ~or i Drug Free i'i~'.-<. ~eneratton was developed to provide substance abuse education to ~,%[[:.: ~ollter County, and to all school children. He advised that during {'~.;:~ ' the past year, the prograa has reached 1~,000 s~udents throughou~ the · [County. He acknowledged appreciation of the proclaaatton on behalf the Foundation and its members. Page .-PROCLAMATION DESIGNATING THE WEEK OF MARCH 11-17, 1990 AS NATIONAL 'MIDDI.~ 1.~I., EDUCATION WEEK - March 6, 1990 that all students at the middle level are designated as children at risk, and only through sound programs and middle level education can 'their future and the future of the community be guaranteed. Upon reading of the proclamation by Commissioner Volpe, Co--.issioner $hanahan moved, seconded by Commissioner Volpe and carried unanimously, that the Proclamation designating the week of Narch 11-17, 1990, as National Middle Level Education Week be adopted. Mr. Santo Pfno, of the Collier County School Board, accepted the proclamation. He stated that he wished to thank the Commission for the proclamation, on behalf of the children of Collier County at the Middle School level, as well as the teachers and parents. He informed 00() I 0 Page 3 March 6, 1990 :!,::; ! ' ~ $. ARNOLD RECOGNIZED AS EMPLOYEE OF THE MONTH FOR MARCH~ 1990 Commissioner Hasse stated that he is pleased to announce the selection of Gary S. Arnold, as Employee of the Month for March, 1990, He thanked him on behalf of the Commission, for his valuable contributions to Collier County, presented him with an Exceptional Performance Plaque and a $50 cash award. Mr. Arnold thanked the Commission for making him a part of Collier County's family. "~QU~T TO FRHPARE AND ADVERTISE AN ORDINANCE REQUIRING THE POSTING OF A H~.%LTHWAKNING SIGN IN ALL COLLIER COUNTY LOCATIONS SELLING ALCOHOLIC BEVERAGES - NO ACTION Mr. Gene Olliff, Chairman of Citizens Coalition for a Drug Free ~:., · Gommunity, advised that his organization is not group of wild eyed :!~,[< ~ fanatics who are out to be the greatest do-gooders that ever came to '~i: Collier County, nor are they tea-totalers that are trying to bring back prohibition. He informed that they are a group of diverse citt- zens who are very concerned in trying to eliminate the demand for illegal drugs and the abuse of alcohol. He stated that there con- :.~ tinues to be a growing number of young people who become involved in drinking alcohol at an early age in Collier County, and there are also far too many people killed on highways, due to alcohol related acci- dents. He advised that there are too many young people who enter this world without a chance of being -~uccessful due to the handicaps that have been brought about by their mothers consuming alcohol during the time of pregnancy. Mr. Olliff indicated that because of the many concerns as stated, he is requesting that Staff be directed to design an ordinance which would require the posting of a sign in all establishments in Collier County that sell alcoholic beverages. He informed that an example of tho proposed sl~n ts Included in the ExecutSve Summary, nottn~ that ~t h** been endorsed b~ the ~lortda State Health O~ftce, ~lortda ~odtcal ~octatton, ~lortda Public Hoalth ~ssoctatton, ~lortda Dietetic Page 4 0(')012 March 6, 1990 -Association, and the Florida Police Chiefs Association. He starad that his group does not believe that the posting of this sign throughout Collier County will eliminate the alcohol problem~;, but they do believe that enough good will come from the posting of the sign. He said that the Florida Restaurant Association opposes the proposed sign, but they do agree with the goals to reduce the abu~Je of alcohol. Mr. Olltff stated that many feel that it is a doctor's respon- sibtlity to warn pregnant women of the dangers of consuming alcohol during pregnancy, but many women do not consult their doctor until after the first trimester of pregnancy. He advised that consuming two drinks per week can fn fact lead to problems when that child is born. He indicated that there are also people who believe that it is not the government's business to demand a sign as proposed, but one of the primary functions of government is to protect the health and safety of the public. He indicated that alcohol kil]s over 22 times the number of people than all other illegal drugs combined in the United States. He Informed that he believes that there is Just cause for the Commission to appoint a Staff person to work with his organization to draft an ordinance that would require that the sign be displayed at all points of sales in Collier County. Dr. Basil Bart, President of Collier County M~dtcal Society, stated that the Society unanimously endorses the proposed ordinance. He said that it is common sense that the acute effects of alcohol are made more aware to the public, and that public awareness is increased. He advised that as an internist in Naples, he sees an astounding number of abnormal biochemical profiles from the long term effects of alcohol, and it is very important to raise the awareness of the acute effects as far as medication interactions. He indicated that 80-90% Of today's families are dysfunctional where alcohol plays a major Sher~_ff Don Hunter advised that there is a drinking problem in Collier County. He disclosed that according to the statistics that Page 5 March 6, 1990 were collected in 1988, an average of 50~ of all state accident fats- has held consistently for the last several years. littes were alcohol related: Collier County's average ts 61~, and Pade County's average is 33~. He noted that the state average for alcohol related .accidents (with no fatalities) was 14.7~: Collier County's average was 18~, and Dade County's average was 7.9~. He indicated that when motorists are arrested for DWI tn Collier County, their blood alcohol content is usually twice the legal limit, and this He stated that there are three methods of control: enforcement wi'th the Batmobtle and operational units, but this is not conducive to people changing lhetr habits; abstinence from illicit substances; and moderation in the use of controlled substances. He informed that this can be accomplished through prevention and education, and he supports addi- tional public disclaimers indicating that drlnkin9 and drivinG is most definitely hazardous to the public's health and welfare. He revealed :;~,:~ that his office will continue to strictly enforce the D~I laws tn Mrs. Sue Morrow of MADD, cited that there ts a challenge before us. She stated that innocent victias lives are being violated and and other health problems caused by alcohol cries out to be addressed. She Indicated that there has to be commitments from all segments of society, and the proposed health warning sign is one more tool to provide awareness of these pr-~blems and tt will also give credttabt- ltty to the efforts put forth by the community for the very reasons stated on the sign. She noted that everyone Is reminded dally by TV ~i['~- commercials of the glamour of alcohol but there also needs to be it!","i~_ reminders of the harm it can do. She indicated that the harm alcohol creates often goes beyond the user, as in DWI's, it devastates untold innocent victims and their families. She urged the Commission to help reduce further tragedies by taking advantage of the opportunity to remind and educate the public. Dr. Cory Church, Executive Assistant to the Superintendent of 'Page 6 00(t14 March 6, 1990 .-;.. Collier County Schools, advised that about a year ago, a couple dozen ~.~. citizens in Collier County banned together to discuss the different , :' ways to fight drug and alcohol abuse. He noted that this will be a long term project, and it will be difficult to win this war, but the adoption of the proposed ordinance will help to win that war, one step at a time. He reported that approximately one year ago, a survey was conducted state wide among middle and high school students. He informed that alcohol is the most widely ~bused substance in the Collier County schools in grades 6-12: 399~ of middle school students :.:i .... reported the use of beer; 36% reported the use of wine coolers; and '~:;'.. 26% reported the use of liquor. He revealed that among high school ~: ~ students 68% had used beer; 67% had used wine coolers; and 57% had ~}i~ used liquor. He divulged that 14~ of middle school students reported using some form of alcohol from at least weekly to daily use, and 4§% of the high school students reported using alcohol at least weekly, and in some cases, daily. He indicated that the reason that the edu- cators on the Coalition support the ordinance for health warning signs is that they see it as one more chance to reinforce the concept that this community cares about its young people, and they want them to know that dru~js and alcohol hurt them. He advised that the admi- nistration of the Collier County Public Schools supports the proposed ordinance. Dr. Jane Polkowski, Director of the HRS Collier County Public Health Unit, stated that a health warning poster about alcohol is a piece of the major effort to warn people of imprudent alcohol use, and it is a very inexpensive method for County Government to help protect the health and welfare of ~ts population. She explained that if one baby can be prevented from developing diverse alcoi~ol effects by the messa~;e on the signs, thousands of tax dollars could be saved from the needed medical and education needs for that child. She advised that the cost to the County for a five year supply of these signs is about $?00. Dr. Polkowskl informed that a local ordinance requiring the 0OO15 March 6, 1990 posting of the health warning sign passed last week in Hillsborough County, and last month, the vote was unanimous in Jacksonville where they already had an ordinance for the past two years covering signs irt restaurants. She noted that Citrus and Lake Counties passed this ordinance earlier, and Dade, Volusta, Highlands, and Marion Counties ~'-.' are currently working on this type of ordinance ?. : Dr. Polkowski revealed that besides the tragedies of youthful ?.,' deaths and chronic disabilities from injuries due to alcohol related ~;:,', crashes, alcohol is the leading cause in mental retardation and ,;L<' . congenital malformations. She explained that women who drink heavily ', ' during pregnancy have a very high chance of having a baby with i'<i' distinct features at birth, which is called fetal alcohol syndrome. ii-,!i She indicated that there is no known safe amount of alcohol use for a ',iii ~ woman during pregnancy. ~' Dr. Polkowskt advised that prevalence in drinking is higher in ':~'~": Collier County than in other areas of Florida, and admitted drinking too much and driving was 12% for those who are 18-24 years old. She noted that alcohol, particularly in beer, is perceived by many as less harmful than other drugs, but it is responsible for many times more deaths and disability than illegal drugs. She disclosed that the alcohol warning labels do not include addiction as a risk, and they are not required in alcohol advertisements. She stated that by having the signs located at points of sale in convenience stores, restaurants, liquor stores, groc,.~ries stores, etc., 95% of the people will be reached, and it is a very inexpensive way to inform the people of the hazards. Mr. Mike McComas stated that there is not one thing that has been said that he disagrees with and noted that those involved with the dispensing of alcohol support the goals of Project Graduation, and it is also the reason that the revenues from the Taste of Collier flow to the Mental Health Association of Collier County, He advised that historically, in other areas of the country, this has started with a simple sign, and then the decision is made to move that sign to menus March 6, 1990 which is a very expensive process. He cited that the selling and ~" serving of alcoholic beverages is a licensed, legal manner of being in :~i.' business, and when this process begins, there ts no ability to see t:.. the end. He indicated that it has been found around the country, that many customers feel offensive and uncomfo[.table by the posting of - these signs. <~:~',~ Commissioner Volpe related that one of the concerns that he had ~te'. when he discussed the proposed ordinance with members of the Coalition, was that it carries with it a misdemeanor for violation, :<::.. and he thought that perhaps this could be done on ~ voluntary basis. !,~,.~ He indicated that he also feels that the workplace should not be ~;. excluded from posting the signs. ~'. ~r. ~cComas advised that the Restaurant Association met with Mr. Olltff, br. Polkowski, and others to discuss the proposed ordinance, i:j:'c . and it was felt that if this were voluntary, the places of business that are not guilty would display the signs, but the businesses that are guilty would not display the signs. He remarked that if the ordi- nance is mandated by law, he will comply with it, but he feels that i i':' once this process starts, it will never end. He explained that he ~,~ .~.. believes that the posting of the signs will be interfering with pti- rate enterprise :? "; Commissioner Goodnight stated that she be]ieves that "point of sales" needs to be better defined, and questioned whether each table ;<:/~' in a restaurant would be required to display a sign? Mrs. Charlotte Westman, r~presentlng the League of Women Voters in Collier County, stated that this subject was discussed yesterday at tile League's monthly board meeting, She sfftrmed that the problems related to health studies are understood, however, the vote by the Board of Directors was unanimous not to support this ordinance. She cited the reasons being: the method, the rights, etc., and other involvements. She noted that selling alcoholic beverages at restaurants is legal, if there ]sa license, and the League does have a problem relating to the mandatory posting of the signage, the way it Page 9 presently structured. Haz'ch 6, 1990 Commissioner Hasse advised that he has received a letter from the Naples Area Chamber of Commerce, which indicates that they agree with the stated goals and objectives of Dr. Polkowski and the groups which have expressed their support, but they capnot support those methods of accomplishing their objectives for the following reasons: "As an educational matter, there are more appropriate venues for dissemina- tton of this type of information, I.e. Collier County Public Schools and the media. This is an intrusion on the private rights of indepen- dent business people to operate their facilities in a legal and responsible manner. The internal stgnage has not demonstrated any effective impact on patrons other than locating restrooms. These businesses operating as legal tax paying federal and state regulated bustness¢'s are not in violation of any accepted standards or practices of any regulatory agencies". Commissioner Saunders stated that he does not believe that the placement of a warning sign ls an intrusion into the private business dealings of restaurateurs or other distributors of alcoholic bevera- ges. He explained that there may be some question as to the effec- tiveness of this, but he is in support of giving this a try. Comisstoner maunders moved, that the County Attorney be directed to prepare an ordinance requiring the placement of warning signs, and when the ordinance is brought back to the Commission, samples of signs and ordinances from other communities are to be submitted, so that a comparison can be ~ade as to ,~hat will be done in Collier County with what is being done in other communities. By adopting this approach mmd or~inmnce, the Commission will be sending a message to the co~ntt~ that tbe~ are serious about preventing driving under the infl~m of intoxicants, supportive of the efforts of the co~unity ~ to r~ca alcohol abuse. Motion died for lack of a ~econd. Commissioner Shanahan explained that he agrees with the stated goals and objectives, but he believes that a way needs to be found to accompli~:h same. He indicated that he has concerns about the signage Page 10 March 6, 1990 and the intrusion of the business rights. Commtcsloner Hasse stated that he fee.Is that the stgnage would be an infringement on the rights of the people who have a legal business. He noted that he concurs with everything that has been said, but he believes that there are other ways of getting this message out to the public and the young people, i.e. in the schools. ~ R~D~C~ION PROGRAM AS OUTLINED IN COMMIS$IOI~RS' MEMO OF 2/26/90 - AI~pI~D; ~ M~NB~R PAI~EL TO BE APPOINTED; COOPERS ~ LYBRAND TO BK~IN T~AININ~ PRO~KSS AND P~EPARE WRITTEN REPORTS FOR SUBMITTAL TO ~ AT TH~ FIRST ~-~TING AFTER 7/01/90 Commissioner Saunders commented that there has been a lot of discussion over the last year with regard to cost reduction. He informed that the general purpose of what he is proposing is to: Take a look at all operations of County Government and make sure that they are conducted in a manner as efficient as possible. Ensure the taxpayers of Collier County that the Commission ts taking every step possible tn efficiently using their tax dollars. Commissioner Saunders explained that he has suggested, as set forth in the Executive Summary, the establishment of a panel, con- sisttng of 9 members, that would report directly to the County Commission, He stated that the reason he has made the panel as large as suggested, ts that each member would be assigned a department or group of departments for evaluation, and in that way, the individual member would not be bogged down with a tremendously large area of review. He indicated that prior to the panel members conducting their reviews, they would receive training tn performance auditing from Coopers and Lybrand, would be provided information from the County Manager's office in reference to all operations of County government, and then assigned the various departments for their review. He noted that upon completion of the reviews, a report will be prepared with the findings and suggestions to be submitted to the Commission. He stated that he believes that this process will save money, and it will . ensure th~ taxpayers that everything possible ts being done to prove Page 11 00O19 March 6, 1990 ]i~[.'(;ii~ii'that the Commission ts serious about the efficiency in government In answer to Commissioner Hasse, ComDtssioner Saunders disclosed that Coopers and Lybrand has agreed to provide these serviceo at no cost to the County. Ms. Phyllis Jones of Coopers and Lybrand, advised that the purpose of the panel will be an effort to see if the County departments can be more efficient, more effective, and potentially save tax dollars. She indicated that her firm's role will be to assist the panel and to work with the County Manager, and the various departments Mr. Mark Russell, Management Consulting Director, Coopers and Lybrand, stated that his firm will act as advisor to the panel, struc- turing and training them in the review process, and then participating in identifying and organizing the departments which will be the ini- tial tal'Get of the panel. He informed that he believes thls process will work very well, since the pane] are members of the community, and they have the community's interest at heart. County Manager Dorrill stated that he has committed to subject his departments to the review, but he was unaware that other departments under the Constitutional Officers would be included. He advised that ;LI[ he feels that the committee concept is a good one, but it has not been :' structured in compliance with the ordinance relating to advisory com- mittees, and whether there is an obligation to go through that type of selection procedure, the appointment and term procedure, and whether ~there is an obligation to advertise these meetings, keep minutes, and '?' ~ incur costs for the minutes, etc. He indicated that these types of issues need to be resolved. County Manager Dorrill informed that one of the things he agreed ~!'~pon with Commissioner Saunders included the inclusion of the Clerk's Office and his Fiscal Officer to provide the various finance and accounting ~upport. He noted that the proposal indicates that in addition tc finance and accounting, any other matters that may be ! impo~tant to the panel in conducting Its review, also come from the Clerk's Office. He advised that this is a little more broad than he 000~0 Page 1 2 !:;b ~,' :~'"~ "' would have liked it to be. March 6, 1990 County Manager Dorrtll stated that h~. does not have a problem with Coopers and Lybrand's participation in the review. He explained that he believes that the Commission is expecting that its management team be a part of this process, as opposed to them being investigated and they w~ll be a willing participant with the team. He indicated that he would like to have a little more time to sit down with Coopers and Lybrand to develop what their scope of services will be tn this l~e~lard, and what is to be expected of them. Commissioner Goodntght explained that blue ribbon committees have been appointed tn the past, without going through the advertising pro- cess, and this may be the way to look at a panel for this review. Commissioner Saunders stated that he spoke to County Attorney Cuyler wlth the manner in which the panel is structured, and he did not voice any concern that this would be in violation of any ordinan- ces. He noted that if tile Commission desires to go through the adver- ~' rising process, he believes that many interested people will respond, ?. i but he would like to see a group of qualified individuals that are · selected based on their qualifications, and not on any political issues that nay be raised. He indicated that the Commission needs to take caution if the appointments to the committee are to be advertised. County Manager Dorrill informed that he supports Commissioner Maunders' list of panel members. Commissioner Hasse Indicated that the list may not be as broad a base as the rest of the Commission may want. He explained that he feels that the Commission should have the opportunity to make the .i'-.&ppolntments. Commissioner Goodnight reported that she does not have a problem with the pro'posed panel but suggested that perhaps it should include ~ .~< a female. ~'<:.F: . Commissioner Shanahan stated that each of the members as proposed, are outstanding individuals, but he does feel that there is an obliga- March 6, 1990 tlon to provide advertising so that other Individuals can submit resu- .: mas for final selection. ~:.>: Commissioner Volpe remarked that he supports Commissioner ;.:,. ~t'i Saunders' proposal tn concept, and he has no problems with the panel members as proposed. He stated that he ]s unaware of what these types of performance audits cost, and if the goal ts to become more effi- (~.. cient and save taxpayers dollars, he would like to see a proposal f~om Coopers and Lybrand with their fee fo~ services for a professional - -'- -- -~e~orm~nce audit and thei~ recommendations as to how the County can !mp~ove and save taxpayers dollars. He questioned the approximate fee for this type of audit? Ms. Jones advised that based on the number of departments involved, and how in depth the audit is to be, the fee could range from $50,000-$100,000. Commissioner Shanahan noted that he feels that the Commission '~-needs to move ahead on the productivity study as quickly as possible. He indicated that there are some areas as presented that need to be looked at, i.e. the make up of the advisory board. He stated that he believes that the County Manager needs to work closely with Coopers and Lybrand to come up with a tighter approach. Com~iastoner Saunders moved, seconded by Commissioner Volpe to mpprov~ the coot reduction program as outlined in Commissioner Satuu[ero' me~o dated February 26, 1990; that a nine member panol be appointed, as recomndod in th. memo; that the panel and Coopers and L~or~ begin the training process immediately, and written reports be p~pmr~d ami sub~ttted to the BCC at the first Commission meeting ::after duly Z, i900. County Attorney Cuyler advised that his office will prepare a resolution appointing the nine panel members as indicated in Commissioner Saunders' 2/26/90 memo, and brought back on the consent 'agenda. coun':y Manager Dorrill suggested that as part of the motion, he be Page 14 March 6, 1990 authorized to develop the scope of servi.?es for the management team. Commissioner Sounders stated that he does not wish to incorporate this into the motion. He noted that this is a program that will work with the County Manager, and he has no problem will Mr. Dorrill developing a scope of services and working with Coopers and Lybrand. Upon call for the question, the motion carried unani~u~ly. 8e$ R~casa: 10:45 A.M. - Reconvened: 11:00 A.M. at which Deputy Clerk McClenathen replaced Deputy Clerk Hoff~an COU]~I~ ~&GF~R TO DEVISE INNEDIATE PLAN FOR TRANSPORTATION AND ~TAFFING OF A DOUBLE-WIDE TRAILER RE THE COLLIER HEALTH SERVICES i~IOKALEE CLINIC AND TO DEVELOP A LONG-RANGE PLAN FOR A HE&LTR CARE FACILITY IN Ill,OK&LEE (:[~, Mr. James Reardon, Emergency Services Administrator, outlined the .:'f: summary 'as presented on the agenda regarding the events that i transpired since the clinic in the Immokalee area closed to emergency '. care. There is, Mr. Reardon stated, a need for health care in the .-...~ area. :"~, ' Commissioner Volpe asked for population information for the :~'~- Immokalee area and whether it is seasonal7 ~"' The call load doubles during the season, however, the impact on EMS after the closing of the clinic was not as expected, Mr. Reardon responded, and continued that they have seen a decrease. Dr. R. C. MacDuffee, who represented the Medical Society and C.U.R.E., endorsed for the mandated proposal that would be forth coming for t'ransportatlon (non-emergency) and a Paramedic or Nurse Practitioner to screen people in Immokalee and indicated that the biggest reason there was no increase in the amount of trips from cost of $330 which could not be afforded by the residents of that area. He then ela- borated on 'what he knew the levels of care to be: 1. Terciary - offered at University Hospital. 2. Secondary - the use of local specialists. 3. Primary (2 Phases) - walk in service. - family doctor. Dr. ~acDuffee said when the clinic was open, it was providing both kinds of primary care. 'J 'J, Page 15 March 6, 1990 Commissioner Hasse asked Dr. MacDuffe9 why the clinic in Immokalee was closed and although Dr. MacDuffee could not respond, Mr. Reardon explained that a communication had been received indicating that the patient load seen, compared with the dollars available, disallowed them from fulfilling the general practice concerns, adding that the requirements of the Federal Government caused them to back away from the ancillary provision (prcvtded through the county contract for emergenc5! medical care). Com~l,-stoner Saunders inquired of Dr. MacDuffee a clarification of his statement regarding a Nurse Practitioner in Immokalee to evaluate the patient to decide if the need to transport was life-threatening and would be better served by Emergency Medical Service transpor- tation? Dr. MacDuffee clarified by saying that a sickness that cannot watt for an appointment is the type of care that is needed, whether that care be in Immokalee or in Naples. Mr. Reardon indicated that the information received by him came from Mr. Atken, the Executive Director of the clinic, who in turn received his information from the Federal Government. Emergency care and lack of transportation to serve the need in Immokalee is the first issue and the other issue is non-emergency medical care (Dr.'s appointments, follow up care, etc.), he stated. Dr. MacDuffee clarified the issue by saying C.U.R.E. is asking for a non-reclining van to move the less urgent and less life-threatening : c~.ses · !:~:.::?" Mr. Reardon presented two scenario's Illustrating the difference ~". between EMS transport and transportation that is needed in non-life threatening instances, adding that if EMS were used for all :'; '- transports, the emergency response capability would be reduced (i~ !;'.: measurably. .{i¥:, '. Tha problem, Mr. Reardon pointed out, is there is a real need for emergency care tn Immokalee, above and beyond those types of ::: care that should go directly to No. Collier or to Naples Community Hompital. If a small temporary facility with appropriate staffing Page 16 set up in Immokalee, a major portion of the problem would be was afl trmattve. solved, he stated. He said those needing secondary transportation to the hospital would require van service. Commissioner Hasse asked Mr. Reardon if this was handled in I~mokalee prior to the closing of the clinic, and Mr. Reardon's answer Commissioner Hasse continued by asking if there were someone to staff th:[u clinic, could it be used at present, and, in response, Mr. Reardon ,Jaid the clinic is already in use and there is not much room ' a'~ailable, but a double-wide trailer could be used instead. Mr. Reardon indicated that CHSI does not have the room to conduct the clinic in the area as it is now, and, in order for this to be done correctly, additional square footage is needed. Co~mlssioner Hasse inquired about the finances of this previous C?.~-program and Mr. Reardon informed him the program cost $230,000 a year and $16-18,O00 in revenues has been collected. He noted that dollars dedicated for primary care were used to service the secondary emergency care as designated by their mission statement and their · Federal Fundlng. Commissioner Volpe asked Mr. Reardon for clarification on whether 'or not there is another entity known as Collier Health Services, Inc. that has absolutely nothing to do with Colller County Government except to lease its facility. Mr. Reardon stated that the CHSI is a separate corporation, and has no relationship to Collier County Government other than renting space from the County. At this time Reverend Howard Allen, Sr.. of Immokalee's Glendale Bible Mission and President of C.U.R.E. spoke to the commissioners about the great need for urgent care in Immokalee; to treat infants with high fevers, childhood injuries and sickness, pesticide poisoning, snake, dog and insect bites, lacerations, burns, abrasions, broken bones and accidental injuries. He said since the cllnlc closed, people have not used emergency transport because the rumored Page 17 March 6, 3990 :!:'i/!.i cost of this transportation is $350, which is unaffordable by most of ~ ' '.~ the residents of Immokalee. The people who are turned away from the clinic are not a part of these statist/cs, and many of the people who do find their own way to the hospitals for treatment are also not a ~:!i~,.. part of the statistics he continued Revorend Allen explained that what is needed is space, a double wide rfc. tier, adding that tile previously used space is now dedicated !...- to tran.sm~ttable diseases such as AIDS and TB. The other needs he mentton{~l, Includes staff to see patients and transportation by van to ~aples for those who cannot get to and from the hospitals for tests, etc. Reverend Allen stated that he feels the county has enough reserve funds to facilitate the immediate needs of the Immokalee people. He cited the fact that $50,000 was spent for a mai]in§ to home owners to inform them about the Collier County Government and feels that if the county can spend this on a mailing there should also be concern for the people of Immokalee. Reverend Allen produced a brochure from the Collier County Government which said "the Collier County Commission and Manager con- t~nually look to improve the quality of life for our citizens by ~mplementing innovative programs and expandln~ existing services. Effective and essential service to our citizens is the primary goal of the elected officials, managers, and staff and all those associated with the Collie~ County Government." When the County allows an area care unit within the next 30 days.. Commissioner Hasse inquired whether the private secto~ farming community had ever been approached. to go without emergency medical services, the County Is not giving all the citizens the things promised in the pamphlet, he stated. Rev. Allen requested the commisslon get Immokalee an emergency ,:~ Rev. Allen answered negatively saying that the people of i'?(' Immokalee do not feel they have the expertise to put together a drive ii' to ~'aise money to build a facility there but the County Manager does Page 18 have this needed expertise. March 6, 1990 Commissioner Volpe asked County Manager Nell Dorrtll about the f'~;:~.~ :,, dollars allocated for indigent health care and Mr. Dorrlll Indicated '~ the amo~.'nt was approximately $3,000,000. About $500,000 ts currently · ' b~.tng spent tn Immokalee on an annual basis, he noted. He further !<!!~,i,i detailed that $950,000 of state money is spent annually and the Social ;' Services Agencies spend roughly $200,000. He said the total for Commissioner Shanahan wondered whether Reverend Allen is suggesting private enterprise get involved in the project. Reverend Allen stated that C.U.R.E would like the Commission and the county to take the initiative to get this project underway, and then the County could be reimbursed later. Immokalee and indigent related support is nearly $2,000,000. Reverend Allen indicated that people were being seen, but non-life threatening emergency care and/or transportation were the primary needs. He stated that the County Manager knew about the closing of the Clinic, but did not allow the plan developed to be presented to the County Commissioners saying, "the existing level of service Jn Immokalee should be maintained," when, in reality there was no level of service tn Immokalee. Reverend Allen stated the consensus is that Immokalee is a migrant co~munity, and, in part, this ]s true, but there are 14-18,000 non- migrant residents. He realized that many of the migrants will be The relevance of what was currently being spent was questioned by Commissioner Saunders In light of the fact that there is need for some [.¥, ~ssenttal services. _~. (ii," ~ helped but his primary concern is for the permanent residents, he The county has not ignored Immokalee, Commissioner Hesse said, reiterating that nearly $2 000 000 has been spent there . Mr Dorrill responded by saying that much of what has been reported in the newspapers has been taken out of context, and, he is charged with the responsibility of protecting the expenditure of Page 19 March 6, 1990 :: county funds. He continued by saying that the county received ?-~. approximately 30 days notice from Collier Health Services when they · ~; closed the clinic and the initial proposal was that if the county gave the clinic more money, it would remain open. Mr. Dorrill stated that he has yet to see any Justification for the clinic by either the calls for service this year, the calls for service last year, or the why ts Collier Health Servtce not fulfilling thetr contractual oblt- gattbn; what ts the support of the State Health Department; and what are the goals and objectives of Naples Community Hospital? He said that untfl the the other resources are evaluated there is a more practical solution then just allocating taxpayer's money. transpo'rt:~ this year versus transports last year. He said he thinks there are solutions for thls situation, but the county is not in the hospital business. He said that questions he would have asked are: Reverend Allen agreed with Mr. Dorrtll, but added that it is the County Manager's Job to make sure the citizens of the county have ade- quate services when they are needed and, if he knew 30 days in advance of the closing of the clinic, he should have found out why it was being closed. Commissioner Volpe focused on the reason for there being no faci- ~tty tn Immokalee and why state or federal government or private enterprise has failed to meet the needs. He said the number of people living in Immokalee, if Reverend Allen's figures were correct, are greater than the number of people living in Golden Gate, and questioned why the clinic withdrew and what is the justification for done. lack of service by the medical community? Reverend Allen was unable to answer Commissioner Volpe's question, but did indicate part of the reason could be because there was never a · request made, adding that the request has to come from those who are able to see that the job is done or from those who can get the Job :!j.. fl .. Reverend Richard Mapes of Naples United Church of Christ, .,~< addressed the Commission indicating Reverend Allen has demonstrated :,?~ :~ : Page 20 ':" ' March 6, !990 ~] the need and shown that the people of Immokalee are basically Mr. Bare Entfng, a resident of Immokalee, stated that the lack of i~ ' urgent m,dtcal care goes beyond those who need the care, noting that powerless. He further stated that until action is taken by the Commission or the Naples Community Hospital to provide long-term care in Immokalee, nothinG will happen. He indicated that it is unconscionable to think that these people do not have the same ser- vices as the rest of the res]dents of Collier County. it even affects those who try to respond and do their job. Mr. Enting then stated the problem in Immokalee is two-fold; short-term and long-term. He said today's issue is short-term and the Commission should determine how the needs of the Immokalee people are Going to be met, and then the long-term needs can be determined. Mr. John Hill of Bonita Shores talked to the Commissioners about an ongoing concern in his neighborhood relatinG to the need for emergency medical services in Immokalee, stating that when the 911 call from North Naples comes in, the EMS allocated for that neigh- borhood might be somewhere on Immokalee Road tryinG to cover for the lack of medical facilities in Immokalee. The Reverend Ted Klees of the Marco Island Lutheran Church and a member of the Board of Directors of the Immokaiee Friendship House and Emergency Shelter for the Homeless in Immoka]ee indicated they are involved in what the action of the county will be regarding the short- term resolution to the problem. He indicated he has a member who is willinG to write a check for $10,000 to get the program started if the county is willing to get somethinG under way for the people of Immokalee. Mu. George Keller of the Collier County Civic Federation addressed the commission saying he feels the problem being addressed is a matter of money. He indicated that he feels that if the people who use the service could pay $20.00 per year; based on 14,000 people in Immokalee, this could resolve the problem. He continued by notinG that if the citizens of the county could collect $1§,000,000 for a Page 21 - ~%( March 6, 1990 i~.:..i Philharmonic, they could collect enough to get this clinic in opera- ~¥.~ tion. He said that the citizens should have been involved six months ago when the clinic was closed. Mr. Keller concluded by saying that if doctors in Immokalee will not treat people without payment, they are not adhering to the Hippocratic Oath. The R,~verend Charles Sullivan of San Marco Catholic Church spoke in favor of both a short and a long-term solution to the Immokalee Emergencf Care problem and suggested that the county continue to make the problem known and provide a short-term solution; the citizens work to make the people of Collier County more conscious of their respon- sibility to the people of Immokalee; and that Reverend Sullivan pro- vide necessary leadership to meet the Goals. Charlotte Westman read a letter from Dorothy Fitch, President of the League of Women Voters in Collier County, (Copy not provided to the Clerk's Office.) which indicated that the League has tried v~ry hard to remind Collier County that Immokalee, and the people from that area have needs that must be met, and both she and the League will support any action the Commission takes to provide both s':~ort and ;:' long-term emergency assistance to Immokalee. "" Janet Polkowski, Director of HRS of Collier County Public Health ?¥~;,: Unit ~poke concerning the health unit as well as the Medical Society. ~.... i She outlined the fact that many of Immokalee's residents are at a higher risk due to iow incomes, lack of education, exposure to diseases and language harriet's. She supported a three point program L ~'~ '-:consisting of provision of transport; health manpower to handle · emergencies; and more financial support for long term emergency care. Questioned by Commissioner Hasse, Dr. Polkowski related that much ,< . . of the on-~oing work in Immokalee is non-emergency care related, and the best solution to the immediate problem would be to have an Advanced Registered Nurse Practitioner who could handle a majority of the urgent care problems plus some additional staffinG. With further questioning by Commissioner Volpe, Dr. Polkowski stated that the type of personnel currently in Immokalee could not P:{ge 22 March 6, 1990 provide these types of services, because they a~'e involved in AID's treatment and screening, TB treatment, environmental health and prena- tal treatment. She indicated the~staff in Immokalee numbers approxi- mately 15, but none are able to assist in this program. Mrs. Jane Pullman endorsed Reverend Allen and the necessity for getting er~ergency help to the residents of Immokalee. Com~l~c!oner Goodnight recommended that the Board instruct the County Manager to investigate the use of the rtl-county Senior Citizens' vans to commit on an immediate basis to the transport needs of Immokalee; to utilize the the double-wide mobile home which is currently on site in Immokalee; and, to provide the kind of staffing needed to give the necessary emergency care to the residents of Immokalee. She also suggested the formation of a committee to develop a long-range plan to raise funds to build a building in Immokalee, adding that the land is already available from the Collier Enterprises donation. Discussion ensued regarding liability of tl~e County and the need for patient review prior to transportation, equipping the vans if necessary, and the time elements involved in getting this plan into action. Commissioner Saunders expanded on the short-term solution indi- cating he feels that this is an immediate need and the need for a van is much greater than original>y suggested. He said he feels the van service should be a 24-hour operation on a 7-day a week basis, and should have the proper equipment. He said there should be an eva- luation made as to a life threatening situation prior to transport. Commissioner Goodnight reassured Commissioner Saunders the Tri- County Senior Citizens' vans is properly equipped and probably available. Commissioner Saunders summarized the Boards consensus as the need for an immediate plan, a long-term plan, and implementation as quickly as possible with the need for transportation being a priority. Pale 23 March 6, 1990 for long-range plans to help to assist the hospttml Co~e~e~l~r Shanahan norad, seconded by Coaatsstoner Goodnight and .carriodunaninously to in·truct the County Manager to find the transportation needed; to start by looking at Tri-County Senior Citizens' vmn; to direct the County Manager to look ·t the staffing into prc~iding · 2&-hour energency care facility. At tl~e end of the workshop County Manager Dorrlll requested clarl- ftcatton of the direction given by the Board regarding the C.U.R.E discussion, stating his impression is that the Board does not want the van on the road this evening, but does want implementation as soon as · possible. Commissioner Shanahan indicated that Mr. Dorrtll is correct, however, stressed the urgency involved In development of a plan. Commissioner Hasse cautioned County Manager Dorrtll not to move so rapidly that serious mistakes are made. $$s D~pu~ Clerk Hoffman replaced Deputy Clerk McClenathen at P~$OLUTION 90-133A, RE PETITION NUC-90-2, ELHANON COMBS, RE A CHANGE ~,~ ~ ~0N-colrFO~ING USE TO ANOTHER NON-CONFORMING USE FOR PRC-P~RTY LOC&T~D AT 6800 GOLDEN GATE PARKWAY (CURRENTLY A MINI MALL; PROPOSED USE: BOWLING ALLI~Y) - ADOPTED SUBJECT TO STIPULATIONS AS AME~DED Legal notice having been published tn the Naples Daily News on February 18, 1990, as evidenc.~d oy Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition NUt-90-2, filed by Elhanon Combs c/o Mar-Good Resort on the Water represented by Attorney Dudley Goodlette, Cummings and Lockwood, requesting a change 'of one non-conforming use to another non-conforming use of the same character for property located at 6800 Golden Gate Parkway, Tract 36, Unit 29, Golden Gate Estates. Planning Services Manager Baginskt informed that the applicant is requesting approval to change one non-conforming use (a shopping pla- za) to another non-conforming use (a bowling alley). He advised that 00()32 Page 24 -' March 6, 1990 /.'-the subject property consists of approximately 3 acres and was rezoned to E-Estates from C-2 Commercial with the adoption of the 1974 Zoning Ordinance. He noted that to the east of the site ts a roller rink, also zoned E-Estates and non-conforming, to the north and south are ..~ single-family homes. ~:~: ' Mr. Bi~gtnski stated the site contains a 28,000 square feet struc- ~;:~ ture, and houses a convenience store, a restaurant and five thrift ~' shops. Mr. Bagtnski indicated that Section 6.6 of the Zoning Ordinance g','-:,- provides that upon approval by the Board of Zoning Appeals, and with · ? the restriction that no structural changes are made to the building ~':i. itself, any non-conforming use of a structure, or of a structure and {i~!~>. premises in combination may be changed to another non-conforming use of the same character, or to a more restricted non-conforming use. Further, he noted, the proposed use must be determined to be equally or more appropriate than the existing use, and the relation of the structure to surrounding properties is such that adverse effects on occupants and neighboring properties will not be greater than if the existing non-conforming use is continued. Mr. Bagtnskt stated that Planning Services Staff has been advised that the subject property is being considered for purchase, ant! the prospective purchaser has informed the applicant that the proposed bowling alley will contain 24 lanes and will employ approximately 27 people. He noted that the proposed project calls for re-surfacing the front parking area, a 20 foot drive lane on the side of the structure and a parking area located behind the structure. He indicated that no structural changes are proposed to the building other than the removal of certain latticework and the installation of a new roof which will f. l-esemble the elevation of the existing roof. ? Mr. Bagtnski advised that the three issues which the Board must :~.'. address before granting any change in use are: 1. Determine that the proposed change is to a use which is of ~:" the same character or a more restrictive non-conforming use. :,, , 2. Determine that the proposed use is equally or mere ~" appropriate to the district than the existing us~. Page 2 5 March 6, 1990 "~{:: , 3. Determine that the relationship of the structure to ~,.; surrounding properties is such that adverse effects on occu- .~j pants and neighboring properties will not be greatel' than if · < the existing non-conforming use is continued. ~:!. Mr. Baginski affirmed that reviewing Staff has determined that the ~'~. proposed change in use, shopping center to bowling alley, does not '~.- represe~at a significant increase in adverse impact to the surrounding : propertiell, tie stated that Staff is recommending that the Board of !~ ~ Zoning .Appeals approve the change in non-conforming uses as identified, subject to the stipulations as noted in the Executive Summary. He called at~ention to a minor change, which the applicant concurs with, in Stipulation #2, adding "or future" which would read as follows: Prior to the issuance of a Certificate of Occupancy, the applicant shall be required to bring the existing structure into compliance with all current or future codes, including but not limited to Building and Fire. Attorney Dudley Goodlette, of Cummings and Lockwood, and repre- senting the petitioner stated that he concurs with the conditions recommended by Staff. He advised that the use as proposed, will be a first class bowling center. He noted that the Board will have the opportunity to review the details of the site as the petitioner pro- ceeds through the site development process. In answer to Commissioner Volpe, Attorney Goodlette informed that if the structure was destroyed by fire, etc., the applicant would still have the power to re-establish that non-conforming use, as long as it was not Interrupted for 12 month~ or more. Commissioner Hasse stated tPat anything that will be done to dress up the subject site will be an improvement to the area. Mr. George Keller, President of Collier County Civic Federation, stated that this site has been an eye sore for years, and the peri- tioner should be required to Improve the aesthetics. There were no other speakers. C~m~t~i~er Shanmhan moved, seconded by ¢o~missioner Goodnight ::.~ .... ~ cmxried unanimously, that the public hearing be closed. Co~uimsioner Shanahan moved, seconded by Co~tsstoner Go~tght [~[~}~ ~ ~rrl~ ~i~usly, to approve Petition ~C-90-2, and t~t (, 0(,,~.1 Harch 6, 1990 :;..l~olution 90-133& be adopted, subject to Staff Stipulations, includln~ the mnd~ent to Stipulation #2. Page 27 March 6, 1990 >. * &TTO~ GARY 3. HAUSLER REPRESENTTNG MR. & MRS. GADSDEN REQUESTING SP~CTaL I~EI~qTT FOR ROAD$ID~- SAr. KS - NO ACTTON Attorney Gary J. Hausler, representing Jacob and Althea Gadsden, stated that his clients are seeking a temporary special permit to allow them to sell fruits and ve'getables on the roadside for the next 6 months. He informed that they have been conducting their business for the p~st five years on Marco Island, but have ceased their opera- tion as of December, 1989, due to anonymous complaints which were made ~" .' to the Code Compliance Section of the Building Department. Attorney Hausler said that his clients are good and decent indivt- duals. He noted that Mr. Gadsden is 80~ blind and these sales are his only source of income. He remarked that a petition has been submitted with 700 signatures from Marco residents, urgins the Commission to grant the Gadsden's a special permit. He noted that his clients have the expressed written permission of the owners of the property at Wlnterberry Drive and South Collier Boulevard to conduct their sales at that location, and the granting of a permit would pose no threat, tn3ury, or harm to the County. He indicated that they are very anxious to resume their sales activities. Co.missioner Smunders left the meeting at 1:30 P.M. Commissioner Vo]pe questioned what type of authority the Commission has to grant this type of request for a special permit? County Attorney Cuyler advised that he is not aware of a special per- mit. He suggested that the Cc. mmission may wish to direct Staff to review this situation and report back. ,~'~ : Compliance Services Manager Boyce stated that Staff has observed the sales of f~'utts and vegetables at the subject location. He advised that the roadside sales ordinance relates to the locale, and the zoning ordinance relates to land use and conduct of sales such as this which is required to take place In a different classification of zoning. He indicated that Mr. & Mrs. Gadsden have indeed conducted Page 28 March 6, 1990 : S&lee over the years on Marco Island, and several cases have been developed against them at Elkcam Circle, and they were asked to leave the area and cease and desist. He informed that Staff was unsuccess- ful in their latest attempts at Wfnterberr¥ Drive, and therefore, they made a buy and took the Gadsden's to court. He advised that Mr. Gadsden was found guilty and placed on 4 months probation. Mr. Dcyce referred to a case of September, 1989, on property located at South Fifth Street, in Immokalee, owned by the Gadsden's. Me stated that this property was littered with trash, debris, aban- doned appliances, demolished vehicles, trucks without motors, etc., and in spite of repeated legal notices to cease and desist and abate the nuisance, but failed to do so, and on December 7, 1989, Mr. Gadsder~ was found guilty in misdemeanor court and was given 4 months supervised probation. He informed that Mr. Gadsden has failed to complete the corrective action that was required at that site. Mr. Boyce called attention to a case which was referred to Compliances Services by the Health Department, on June 5, 1989, rela- tive to the Gadsden Apartments, owned by the Gadsden family and located on Doak Avenue, in Immokalee. He stated that this property - contained three mobile homes for l-cntal purposes which is beyond the '~ density that this particular land allows. He noted that there was raw .'.~,~...-. sewage from broken pipes coming from the units, many electrical safety ~',~.'. - hazards, and considerable other housing code violations on this site. Again, he advised that Mr. Gz~dsden was found guilty on October 4, 1989. Mr. Boyce revealed another instance of July, 1986, regarding the South Fifth Street property, and action was stalled in correcting three structures which had been burned out and declared to be unsafe ' structures by the County Manager. He advised that legal notice was .~'."[ i given, lO visits were made to the site to see if follow up had been :~ . made by the Gadsden's to correct the unsafe structures, and having failed to do so, the County contracted in the amount of $4,900 to raise those buildings, and have made several attempts to collect Page 29 0O0,3.9 March 6~ 1990 those monies. He said that being unsuccessful in collecting the funds, Staff went forward with lien actions last month. Mr. Boyce stated that if the Commission decides to grant this per- mission to the Gadsden's, Staff is requesting that certain conditions be placed on the activity: 1. S~tisfaction of the $4,900 debt to the County, plus admi- nistrative charges. R. Prohibit any sales or parking on the right-of-way. Mr. Boyce affirmed that additional complaints have been received relating to trespass; lights; unfairness of competition because others are required to have paved parking lots, landscaping, etc. He noted that if this special permission is to be granted, Staff is recom- mending that some sort of driveway be constructed at the expense of Mr. and Mrs. Gadsden, to protect the County roadway so that the proper water flow and drainage can be handled. He indicated that Staff is further recommending that the tithe be ~imited, and that an intent to lease document be submitted. Commissioner Hasse questioned whether a building for the Gadsden business is currently being constructed? Attorney Hausler advised that a shopping center is being construct'ed adjacent to the subject property, and the Gadsden's will occupy a unit. Commissioner Volpe stated that this is a situation where there is an existinG activity that is taking place on a certain piece of pro- perty and there is a violation of two County ordinances. Mr. Bill Shaughnessy stat~.d that he J.s in the process of beginninG construction of a 60,000 square foot site to be known as the Mission San Marco Plaza. He indicated that the Gadsden's have been selling their vegetables on this corner for years, and noted that they have become a Marco tradition. He advised that as owner of the subject property, he has no objection to the Gadsden's being there. Co~missioner Volpe questioned whether the Gadsden's have signed a lease to occupy one of the units in the new shopping center? Mr. ShauGhnessY replied that they have not yet signed a lea~e0 but he does Page 30 have a commitment from them. March 6, 1990 Commissioner Shanahan stated that one of the major respon- sibilities of the Commission is to protect all the citizens of Collier County. Re informed that he is not interested in putting the Gadsden's out of business, and as a condition of approval they do have a debt te the County which needs to be taken care of, and that any sales on the rights-of-way should be prohibited. He indicated that he further believes that preparations should be made for people to get in and out of the facility in a safe manner. Co~missioner Shanahan moved, to consider approval of the provi- sional use, based on the recommendations of Staff. Commissioner Volpe stated that he is unmoved to grant a special permit for the Gadsden's until he is certain that the Commission has some authority to do so. County Attorney Cuyler informed that he is unaware of any authority under the Zoning Ordinance which allows the granting of a special permit. He indicated that a petition has been signed bearing 700 signatures of persons that are in favor of this, but there is no authority to do this. ~ieatoner $hanahan withdrew his motion, based on the County Attorney's etateumnt that the Commission has no legal authority, under the Zoning Ordinance, to grant a special permit as requested. Commissioner Volpe stated that he would like to see the Gadsden's pay their outstanding debt to th,~ County. No action was taken on this Item. CARNIVAL PERMIT 90-3, RE PETITION C-90-3, COLLIER COUNTY FAIR AND · XPO$ITION, INCORPORATED, TO CONDUCT A CIRCUS ON MARCH 7, 1990 ON THE COg~NITY USE SITE ~ITHIN ORANGETREE PUD - PERMIT APPROVED, SUBJECT TO 9[AI'VER OF SURETY BOND AND OCCUPATIONAL LICENSE Commissioner Goodntght moved, seconded by Commissioner Volga and carried 4/0 (Commissioner Sounders not present), to approve a carnival per. it for Collier County Agricultural Fair and Exposition, : .Incorporated, to conduct a circus on March ?, 1990, on tho Comity 000.11 Page 31 March 6, 1990 U~e site within the Orangetree PUD, (Collier County Fair~round~)0 and thl ~urety bond and occupational ltcenee be waived. ~arch 6, 1990 BID J~9-1500, PIN~ RIDG~ ROAD, PHAS~ ! NATER TRANSMISSION l~%ZR PROJECT - ~~ ~ ~U~ N. HIGGINS~ INC.~ IN THE ~O~ OF $294~950 Legal not~ce having been published in the Naples Daily News on December 10, 1990, as evidenced by Affidavit of Publication filed with the Clerk, b~ds were received until 2:30 P.M. on January 10, 1990, to consider Bid ~89-!500, Pine Ridge Road Wate~ Facilities Improvements U.S. 41 to Goodlette-Frank Road. Assistant Utilities Administrator Bloetsche~ advised that there is a typographical erro~ in the listing of the bid number on today's agenda, noting that it should be ~eferenced as ~89-1500, rather than ~89-1355. Mr. Bloetscher informed that Staff is recommending the award of the subject bid to the low bidder, Douglas N. Htggins, Inc., In the amount of $294,950. C~s~toner Go~tght moved, seconded by Co~tsstone~ S~~ ~ ~r~ 4/0 (Co--Isotoner Sanders not present}, to approve St~f'~ reco~tton. It~H1 ~~ NO. 6 TO ~E WASTE ~NAG~, INC. ~CHISE AG~~ - Assistant County Manager McLemore stated that this item is a request to extend the current franchise agreement with Waste Management, Inc., for two months. He advised that there is a minor change from the documents in thc agenda package, noting that Waste Management has requested that the agreement becomes effective on a date certain. He indicated that this will bring all the franchise agreements into synchronization, with ali of them terminating on the same date. There were no speakers. ~tutoner Shanahan moved, secondm~ by Commissioner Goodntght ~ c~rted 3/0 (Commissioners Vol~e and Saunders not present) to app:z~'e Staff's recommendation. Page 33 March 6, 1990 Item HB2 SMITH BAlONeY, ALEX BROWN & SONS, INC., AND WILLIAM R. HOUGH & CO. TO SER3FE A~ UNDE]~RITING TEAM FOR THE EAST AND SOUTH NAPLES SANITARY S~WER COLLECTION SYSTEM SPECIAL ASSESSMENT REVENUE BONDS - APPROVED Assistant County Manager McLemore informed that RFP's were pre- pared for an Investment team for the East and South Nap]es Sanitary Sewer Collection System project. He advised that an extensive review of the submitted firms was performed by the Finance Committee, and they are recommending two options: appoint an investment team, with Smith Barney as Senior Manager, Alex Brown & Sons and William R. Hough & Co. as Co-Managers; and if the Board desires to appoint only one underwriter, that Smith Barney be appointed. Mr. McLemore stated that there may be advantages to using the team, since it may improve the distribution of sales. Commissioner Volpe questioned whether there would be any addi- tional costs with a Senior Manager and Co-Managers? Mr. David Fischer, of SunTrust Securities, informed that the costs are split between the Manager and the Co-Manager, but there are no additional costs involved. Commissioner Shanahan stated that the Finance Committee is recom- mending an excellent team approach, and noted that a lot of time, effort, and work has gone into the selection of same. Com~dssioner Shanahan ~oved, seconded by Commissioner Goodnight ~ ~le~S 4/0 (Commissioner Saundere not present}, to appoint the unde~iting tea as recommended by the Ftr~nce Committ~e. A~r~Ho~IZATIO~ TO H]t~J~D THE NEGOTIATING TIM~ FROM FOR THH SOLID WASTH OOLL~ION &~I~KEM~NT WITH WASTE MANAGEI~HNT TO JUNE §, 1990 - APPROVHD Assistant County Manager McLemore reported that on January 23, 1990, the Commission directed Staff to negotiate a new franchise agreement within 90 days with Waste Management. He requested that the time period be extended to 3une 5, 1990, since it will be very dif- ficult to accomplish the negotiations within that time-frame. He indicated that the yet to be adopted Mandato~:y Collection Ordinance is O00GO Page 34 March 6, 1990 a very important part of this negotiation. Mr. McLemore advised that there has been a recent Attorney General's opinion which raises issues relative to the final form of a mandatory collection ordinance, and noted that the method of collec- tion has been challenged. He informed that at this time,' the Tax Collector and the Property Appraiser are not in agreement with the mandatory collection through the use of the tax rolls. County Manager Dorrill stated that Staff is developing a proposed service agreement which should be complete by the first week in April. In answer to Commissioner Volpe, Mr. Dorrill indicated that the mandatory collection ordinance will be presented to the Commission within 3 weeks. Commissioner Volpe questioned the basis of the proposal made by Waste Management which was the trigger to negotiate as opposed to going to RFP's? County Manager Dorrlll stated that the basis was an assumption that there would be mandatory collection, County-wide, and Waste Management based the no net increase to residential customers on an assumption that they would be incurring additional costs for extra trucks and extra manpower to be able to pick up at every house in the unincorporated area of the County. He noted that before the contract language is developed, it should be determined whether the Commission desires to have mandatory collection of solid waste. Mrs. Charlotte Westman, representing the League of Women Voters of Collier County, stated that the League has supported mandatory collec- tion for two years. She related that Collier County is tourism oriented, and mandatory collection would allow for a cleaner com- munity, less trash on roadways, etc. She Noted that discussions were held by two advisory boards with regard to tile collection of fees, and the arguments have been heard. Co~tssioner S]:~m~n ~oved, seconded by Co~issioner 6oodnight ~ c~i~ 4/0 (Co~lsstoner Sanders not present), to acc~ Staff's ~tion. O00Gl Page 35 ;.':arch 6, 1990 [tm ,11A1 & 11[2 BODG~ _Jtl~.____w'l~ 90-120; &RD 90-122/123 - ADOPTAD Comm/asloner Goodnight ~oved, seconded ~ Co~isstoner Sh~ ~ c~r~ 4/0 (Co~issloner Sanders not present), to adopt ~dget ~t~ 90-~20, 90-[22, ~d 90-~23. Itat12B ~OLWION 90-133 ~I~/NG KI~ KOB~, ~ ~I~ING ~A TILL ~ ~ R. B~L TO ~g P~S ~ ~TION ~VISORY BO~ - Administrative Assistant to the Board Ftlson informed that on December 31, 1989, three terms expired for members of the Parks and Recreation Advisory Board. She stated that a press release was issued and resumes were received. She advised that the Parks and Recreation Advisory Committee is recommending the reappointment of Klm Patrick Kobza, the appointment of Joseph A. Funigiello, and the reappointment of Scott McQullltn. She advised that Mr. McQuillin has served two terms, and if he is reappointed, the appropriate portion of the ordi- nance will need to be waived. Commissioner Hasse recommended the appointment of Geneva Till for District 3. Commissioner Volpe recommended that Kim Patrick Kobza be reap- pointed for District 2. Commissioner Shanahan recommended ~:he appointment of Steven R. Ball for District 4. Comm/sstoner Shanahan mo~'~d, seconded by Co-mteetoner Goodnlght and c~rrted 4/0 (Co-missioner Saunders not present) the reappointment of Kim Patrick Kobza, and the appointments ot Geneva Till and Steven R. Ball to the Parks and Recreation Advisory Board, thereby adopting Rs~olutton 90-133. Page 36 DISCU~STOR OF IMPACT FEES - CONTINUED TO MARCH 13~ 1990 County Attorney Cuyler suggested that the Commission may want to continue this item until there is a full Board present. Commissioner Volpe moved, seconded by Commtsotoner Shmnahan and carried 4/0 (Commissioner Saunders not present) that this 1tam be con- ... ttnued to March 13, 1990. ItE~OLUTI0~ 90-134 PLRTAINIRG TO SUPPORTING THE SELECTIOR OF TH~ CREW ARN~J~ A CARL PltO3~CT - ADOPTED SUBJECT TO REVIEW BY THE COU~I'Y AT"I~}~F~'~OR LE~&L SUFFICIENCY Commissioner Goodntght stated that she asked that this item be added to today's agenda. She informed that the CARL Committee will be meeting next Monday in Tallahass~. She advised that 3oel Kuperberg contacted her last evening and requested that the Commission adopt a resolution, asking that the CARL Committee add CREW to their funding list. Commissioner Goodnlght moved, seconded by Commissioner $hanahan ~nd carried 4/0 (Commissioner Saunders not present) to adopt the reso- lution, subject to review by the County Attorney for legal suf- ficiency. O0()G,1 Page 37 M~rch 6, 1990 C,o~mlsstonsr Shanahan moved, seconded by Co~mtssioner Goodntght, and carried 4/0 (Co~tsstoner Saunders not present), that the following Items on the consent agenda be approved and/or adopted: Item#14il R~.~,OLUTION 90-135 PRELIMINARY ACCEPTANCE OF THTf ROADWAY, DRAINAGE, MATER AND SEMER IMPROVEMENTS FOR FINAL PLAT OF 'THE VINEYARDS, UNIT 3' - MITH STIPULATIOI~J Accept the Irrevocable Letter of Credit as security for main- tenance of the infrastructure until the Board of County Commissioners gra~ts final acceptance of all improvements. 2. Authorize the Chairman to execute the Resolution authorizing preliminary acceptance, 3. Prelim~nary acceptance of improvements will not become effec- ~ttve until water and sewer facilities have been conveyed to Collier County Water-Sewer District. Item #14&2 RE$OL~T~ION 90-136 PROVIDING FOR ASSESSMENT OF LIEN TO RECOVER FUNDS EXi~ENDED BY THE COUNTY TO ABATE PUBLIC NUISANCE ON LOT 18, BLOCK 420 OF MARCO BEACH UNIT THIRTEENr TRINE-LISE SAND AND ROY C. SAND Itel #14&3 RESOLUTION 90-137 PROVIDING FOR ASSESSMENT OF LIEN TO RECOVER FURDS EXPENDED BY THE COUNTY TO ABATE PUBLIC NUISANCE ON LOTS 31, 32 AND 33, ROSEMARY ~IG~TSr JAMES R. AND JUDITH A. TROMAS Item #14A4 RESOLUTION 90-138 PROVIDING FOR ASSESSMENT OF LIEN TO RECOVER FUNDS EXPENDED BY THE COUNTY TO ABATE PUBLIC NUISANCE ON LOT 16, BLOCK 140, GOLDEN GATE, UNIT NO. 4, GARY K. AND SHARON L. WILSON Item #14A5 RESOLUTION 90-139 PROVIDING FOR ASSESSMENT OF LIEN TO RECOVER FUNDS EXPENDED BY THE COUNTY TO ABAT~ PUBLIC NUISANCE ON LOT 20, BLOCK 9, NAPLES- MANOR ANNEX, EDWARD K. SABA AND RENA 3. SABA C/O WILLIAM CROTEAU Item #14&6 See Pages RESOLUTION 90-140 PROVIDING FOR ASSESSMENT OF LIEN TO RECOVER FUNDS E]~VENDED BY THE COUNTY TO ABATE PUBLIC NUISANCE ON LOT 16, BLOCK 31, OF MARCO BEACH UNIT ONE~ JESUS ALFREDO RODRIGUEZ AND ILVA DE RODRIGUEZ See P~es ~ Item #14A7 Page 38 O00G'? RESOLUTION 90-141 PROVIDING FOR ASSESSMENT OF LIEN TO RECOVER FUNDS EXPENDED BY THE COUNTY TO ABATE PUBLIC NUISANCE ON LOT 1, BLOCK 280, UNIT 8, PART 2, GOLDEN GATE, OSCAR AND KATHLEEN PATINO See Pauos _~~ Item #14A8 RESOLUTION 90-142 PROVIDING FOR ASSESSMENT OF LIEN TO RECOVER FUNDS EXPENDED BY THE COUNTY TO ABATE PUBLIC NUISANCE ON LOT 38, BLOCK GOLDEN GATE UNIT NO. 3, J.W.J. INVESTMENTS, INC. Item #14A9 RESOLUTION 90-143 PROVIDING FOR ASSESSMENT OF LIEN TO RECOVER FUNDS ~ BY THE COUNTY TO ABATE PUBLIC NUISANCE ON LOTS 127 AND 129, ROSEIt~RY HEIGHT~ ADDITION, HELEN W. HOWL Item e14A10 RESOLUTION 90-144 PROVIDING FOR ASSESSMENT OF LIEN TO RECOVER FUNDS EXPEII~ED BY THE COUNTY TO ABATE PUBLIC NUISANCE ON LOT 33, MOHAWK HEIGHTS° BEVERLY ANN COLEMAN, PERSONAL REPRESENTATIVE OF THE ESTATE OF ~UGENH P. COLEMAN Item #14All RESOLUTION 90-145 PROVIDING FOR ASSESSMENT OF LIEN TO RECOVER FUNDS EXPENDED BY THE COUNTY TO ABATE PUBLIC NUISANCE ON LOTS 1 THROUGH 8, INCLUSIVE, BLOCK 6?, GOLDEN GATE, UNIT NO. 2, PART I, JOHN F. STANLEY, TRUSTEE See Pages Item #14A12 FIN~J~ PLAT OF THE VINEYARDS, UNIT 3-A - WITH STIPULATIONS 1. Accept the Irrevocable Letter of Credit as security to guarantee completion of the subdivision improvements. 2. Authorize the recording of the Final Plat of "The Vineyards, Unit 3-A. 3. Authorize the Chairman to execute the construction and maintenance agreement. 4. That no Certificates of Occupancy be granted until the required improvements have receive~ preliminary acceptance. See Pages __~~ / -- Item #14A13 RESOLUTION 90-146 PROVIDING FOR ASSESSMENT OF LIEN TO RE. COVER FUi~DS ~XPEI[DKD BY THE COUNTY TO ABATE PUBLIC NUISANCE ON LOTS 33 AND 34, BLOCK 73m GOLDEN GATE, UNIT 2, PART 1~ RAYMOND BRUNAL P~ge 39 ~nh 6, 1990 I~OLUTION 90-147, FINAL PLAT OF "EAST NAPLES INDUSTRIAL PAP,][, REPLAT AND PRELIMINARY ACCEPTANCE OF THE ROADWAY, DRAINAGX, WATER AND IMPROVEI~!~TS - WITH STIPULATIONS Accept the Irrevocable Letter of Credit as security for main- tenance of the infrastructure until the Board of County Commissioners grants final acceptance of ali improvements. 2o Authorize the recording of the final plat of "East Naples Industrial Park, Replat No. 1." Authorize the Chairman to execute the Maintenance Agreement for Preliminary Acceptance and Resolution authorizing preliminary acceptance. See Pages ,~--./~, / '* ,/~, ~/ Item #14A15 RESOLUTION 90-148, PRELIMINARY ACCEPTANCE OF THE ROADWAY, DRAINAGE, MATER AND SKIi~R IMPROVEMENTS FOR THE FINAL PLAT OF "LELY BAREFOOT BHACR, UNIT 2" - WITH STIPULATIONS Accept the Irrevocable Letter of Credit (Posted) as security for maintenance of the infrastructure until the Board of County Commissioners grants final acceptance of all improve- ments. Authorize the Chairman to execute the Resolution authorizing preliminary acceptance. 3o Preliminary acceptance of improvements will not become effec- tive until water and sewer facilities have been conveyed to Collier County Water-Sewer District. See page Item #14A16 RE~OLUTION 90-149, PRELIMINARY ACCEPTANCE OF THE ROADWAY, DRAINAGE, MAT~HAND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "LELY BAREFOOT ~ACH, U]~T 3' - ~TH STIPULATIONS 1. Accept the Irrevocable Letter of Credit (Posted) as security for maintenance of the infrastructure until the Board of County Commissioners grants final acceptance of all improve- ments. 2. Authorize the Chairman to execute the Resolution authorizing preliminary acceptance. 3. Preliminary acceptance of improvements will not become effec- tive until water and sewer facilities have been conveyed to Collier County Water-Sewer District. See Page ~ It~14Al~ FINA~ PLAT OF "$OUTHPORT ON THE BAY, UNIT TWO' - WITH ~TIPULATIONS 1. Accept the Escrow Agreement (Posted) as security to guaran- tee completion of the subdivision improvements. 2. Authorize the recording of the Final Plat of "Southport on the Bay, Unit Two". Page 40 09O69 ,.;~rch 6, lgg0 3. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. It~#l&Al$ FINAl, PLAT OF 'LELY RE$ORTi PHASE I' - WITH STIPULATIOM$ 1. Accept the construction, maintenance and escrow agreement as security to Guarantee completion of the subdivision improve- ments. 2. Authorize the recording of the Final Plat of "Lely Resort, Phase I". 3. A~lthorize the Chairman to execute the construction maintenance and escrow agreement. 4. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. See Pages ~.~2~~ Ite~ #14119 RESOLUTION 90-150, PRELIMINARY ACCEPTANCE OF THE ROADWAY, DRAIF~GE, NAT~ AND $~I~ER IMPROVEMENTS FOR THE FINAL PLAT OF 'WILLOW W~~ - WITN ~TIPULATIONS 1. Accept the Irrevocable Letter of Credit (Posted) as security for maintenance of the infrastructure until the Board of County Commissioners grants final acceptance of all improve- ments. 2. Authorize the Chairman to execute the Resolution authorizing preliminary acceptance. 3. Preliminary acceptance of improvements will not become effec- tive until water and sewer facilities have been conveyed to Collier County Water-Sewer District. Item #l&A20 ]U~SOLOTION 90-151, PRELIMINARY ACCEPTANCE OF THE ROADWAY, DR&INAGE, ~AT~I~ AND $EWE~ IMPROVEMENTS FOI': THH FINAL PLAT OF 'CRYSTAL LAKE R.V. ~$O~T, P~ I" - WITH STIPtLATIONS Accept the Irrevocable Letter of Credit (Posted) as security for maintenance of the infrastructure until the Board of County Commissioners grants final acceptance of all improve- ments. Authorize the Chairman to execute the Resolution authorizing preliminary acceptance. Preliminary acceptance of improvements will not become effec- tive until water and sewer facilities have been conveyed to Collier County Water-Sewer District. See Page ~ Item #14P1 ACCEPTANCE OF A GRANT OF EASEMENT FROM WESTINOHOUSE COMMUNITIES OF N&~LE~ INC. FOR ROAD DRAINAGE WITHIN PELICAN BAY UNIT 23 Narch 6, 19~0 It~#lCa2 AC~EPT~E OF EASEMENT GRANTED BY PROPERTY OWNERS FOR ROAD, BIKEPATH, UTILIT~ AND DRAINAGE PURPOSES ALONG AIRPORT-PULLING ROAD See Pages ~__ Item #14B3 A~E~M~NT FOR AcquISITION O[ RIGHT-Of-WAY FOR THE NORTH NAPLES ~ICI~a~. SERVICE TAXING AND BENEFIT UNIT (LIVINGSTON ROAD PARCKL 24-70) - WITH ~TIPULATIONS Authorize the Chairman of the Board to execute the Donation Agreement. Authorize staff to prepare related vouchers and warrants for payment; and Authorize staff to proceed with the related real estate closing transaction and to record with the Clerk of Courts all appropriate documents tn the Public Records of Collier County. See Pages .~' ~. /' ~' ~ It.#liB4 ~ FOR ACQUISITION OF RIGHT-OF-WAY FOR THE NORTH NAFLES MUNICIPAL SERVIC~ TAXING AND BEN~FIT UNIT, (LIVINGSTON ROAD PARCEL 24-67) - ~TH ~TIPULATIONS 1. Authorize the Chairman of the Board to execute the Donation Agreement. 2. Authorize staff to prepare related vouchers and warrants for payment; and 3. Authorize staff to proceed with the related real estate closing transaction and to record with the Clerk of Courts all appropriate documents in the Public Records of Collier County. See Pages ~ Ite~ #14C1 CONTRACT BETWeeN COLLIER COUNTY AND TRAINING AND EDUCATIONAL CKNTER FOR ~ WAWDICAPPEDf. !NC. (T.E.C.H.) TO PERFORM LANDSCAPE MAINTENANCE See Pages ~ Ite~14D1 ECEPTANCE OF WATER FACILITIES AT EAGLE CREEK COUNTRY CLUB, CRXSTAL nA~~ACE$, TRACT M-1 - WITH STIPULATION 1. Bacteriological testing has met the County's requirements. A(,~J~I~TAN~ OF WAT~R FACILITIES AT ~GLE CRH~ CO~ ~, WA~~ ~I~e ~N~ ~ ~ M - WI~ STI~TION Page 42 000'7! "~arch 6, 1990 1. Bacteriological testinG has met the County's requirements. Item e/4D3 ACCEPTANC~ OF NAPLES PRODUCTION PARK LIFT STATION FACILITIES OR Book ~/A Pages /~' /~ · Item #14D& &CCEPT~ 0F SUPER EIGHT (8) HOTEL HATER FACILITIES - WITH STIP~L&?IO~ The Florida Department of Environmental Regulation furnishes a letter placing the sewer system into service and au%horizing the water system into service. 2. Bacteriological testing has met the County's requirements. 3. Satisfactory testing, approval, and activation of the County's regional sewer system that wtll serve this project has been completed. ****DOCUMENTS NOT RECEIVED IN CLERK TO BOARD OFFICE AS OF AUGUST ?. 1990***~ Item #14D5 I~E IN THE AMOUNT OF $2,900 TO THE EXISTING CONTRACT FOR PROFESSIONAL SERVICES WITH JOHN A. MAYER ASSOCIATES FOR ADDITIONAL MORE DON~ IN CONNECTION WITH THE UTILITY RATH STUDY Item #14D6 ACCEPTANCE OF WATER AND SEWER FACILITIES AT CRYSTAL LAKE R.V. RESORT, ,PHAS,~ ~ - #ITH STIPULATIONS 1. The Florida Department of Environmental Regulation furnishes a letter approving the water distribution system for service. 2. The Florida Department of Environmental Regulation furnishes a letter authorizing to p]ace the sewer system into service. OR Book ].~_~/ Pages /g3~' BID ~O-1~28, T~MPORARY DAY IJ, BOR SERVICES AWARDED TO F~u~%~s'ER, INC. AT $=.l~/a~m ~m ~m~o, i,c. AT SS.OO/~OO~ Legal notice having been published in the Naples Daily News on February 2, 1990, as evidenced by Affidavit of Publication flied with the Clerk, bids were received until 2:30 P.M. on February 21, 1990, to consider Bid #90-1528 - Temporary Laborers. Item #14E2 ASSIGNMENT OF LEASE AGREEMENT BETWEEN JAMES R. NOE, II, AND THE BOARD OF COUIITY COKMISSIONERS, AT $25,000 PER ANNUM, AND ~ ADDITIONAL 10~, 15~ AND 20~ FOR THE 2ND, 3RD, 4TH, AND 5TH YEARS FOR USE OF A GARAGE T. OCATED AT 4106 ARNOLD AVENUE~ FOR THE SHERIFF'S OFFICE USE See Pa .s O Z, Page 43 ASSI~ OF LEASE AGREEMEIJT BETWEEN WAYNE K. HESSON, CPA, AMD THE BOARD OF COUNTY COg~ISSIONERS AT $18,225 ANNUALLY FOR BUILDING A, UN/T~ 3 AND 4, TH~ VILLAGE FALLS AT NAPLES FOR THE SHERIFF'S OFFICE USE A.~ A SUIISTATION Ire! #14E4 AS$IG]IMENT OF LEASE AGREEMENT BETWEEN MARSTEN LEASING CORPORATION AND THE BOARD OF COUNTY CO~ISSIONERS AT $650 PER MONTH FOR THE SITERIFF'S OFFICE USE OF A TRAILER FOR A PHYSICAL FITNESS CENTER Item A~AISAL AGREEMENT WITH STEWART AND STEPHAN, INC., IN THE AMOUNT OF $2,500, RE SALE OF ELEVEN PARCELS, LOCATED SOUTH OF STATE ROAD 84 (I-75) IN EASTERN COLLIER COUNTY, AND PART OF THOSE LANDS DEDICATED BY AVATAR PROPERTIES INC. AS PART OF THE GAC L~D TRUST Item#14F1 See Pages AGRE~J~]IT NITH SOUTHWEST FLORIDA REGIONAL PLARWING COUNCIL TO PROCEED NITI~UP1)~TE OF SEA, LAKE, OVERLAND SURGE FROM HURRICANES (SLOSH} CO~PUIl~NODEL STAFF TO SOLICIT BIDS FOR CONSTRUCTION OF SECURITY FENCING FOR NAPLES AND I~OEALEE LANDFILLS Item #14H1 AUThOrIZATION OF A WORK ORDER UNDER CURRENT ANNUAL CONTRACT FOR ADDITIONS A~D RENOVATIONS TO A MAINTENANCE BUILDING AT NAPLES LANDFILL AND A NEW MAINTENANCE STRUCTURE AT IMMOKALEE LANDFILL Item #1411 CERTIFICATES FOR CORRECTION TO THE TAX ROLL AS PRESENTED BY PROPERTY APPRAISER 1989 TANGIBLE PERSONAL PROPERTY No. 14 (Corrected) Dated 11/01/90 No's. 105-107 Dated 11/23 & 11/26/90 Ite~ltI2 · SATISFACTION OF LIEN FOR SERVICES OF PUBLIC DEFENDER Ite~ #14I MISCELLANEOUS CORRESPONDENCE FILED ~D/OR RE~ED The following correspondence was f/led and/or referred as indi- cated below: 000,3 Pa~e 44 March 6, 1990 So 10. 11. 12. 13. Address Change re J. D. Coleman, Architect and Planner to P.O. Box 4744 Tampa, Tampa Florida 33606. xc: Jim Giles, Guy Carlton, Ken Cuyler, Finance, and Filed. Code Enforcement Board, Case #CEB 90-003, Board of County Commissioners vs. Roger Combs and Anne C. Louden. xc: Ken Cuyler, and Filed. Letter dated 2/8/90 to Commissioner Shanahan, Chairman Naples Urbanized Area MPO, from Thomas G. Pelham, DCA Secretary, re RPC required to prepare an evaluation report on its CRPP. xc: Jeff Perry, and Filed. Letter dated 2/22/90 to BCC Chairman, from Paul R. Bradshaw, Director Division of Resource Planning and Management, DCA re thc Department's Objections, Recommendations and Comments Report. Copy of letter only to Nell Dorrill, Bob Blanchard and Frank Brutt. Filed Letter dated 2/22/90 to BCC Chairm~n, from Patrick Kenney Environmental Specialist, Florida Department of Environmental Regulation, re Collier County - WRR. File #111760595, Fugere, 3oe and A/ice. xc: Nei1Dorrlll, Bill Lorenz, Frank Brutt and Filed. Letter dated 2/15/90 to BCC, from Tony D. McNeal Engineer, Bureau of Coastal Engineering and Regulation DNR, re Request for Public Comment, File #CO-243 ATF, Applicant: Frank and Sally Ann Lowles. xc: Neil Do['ri1], Bll] f, orenz, and Filed. Permit dated 2/16/90 from Florida Department of Natural Resources, Division of Beaches and Shores, #02187CO, to construct 4 beach/dune walkovers. Filed. Copy of Letter dated 2/20/90 to Mr. A. P. Dougherty, Development Manager, Westinghouse Communities of Nap]es, Inc., from Kirby B. Green, III, Director, Division of Beaches and Shores, DNR, re extension of Permit CO-168. Filed. Division Of Administrative Hearings, Order Requiring Status Report. Case No. 89-1841DRI, DCA vs. BCC. xc: Ken Cuyler, and Filed. Notice Of Public Meeting dated 3/2/90 from the Land Acquisition Advisory Council. xc: Nell Dorrill, Frank Brutt and Filed. MINUTES ao Citizen Advisory Committee of the Naples (Collier County) MPO dated 1/26/90 and agenda dated 2/23/90. B. Library Advisory Board dated 1/25/90 Collier County Planning Commission dated 1/18/90 and agenda dated 3/01/90 Notice To Owner dated 2/21/~0 from Krehltng Industries, Inc., re furnishing of services or materials of concrete and/or other related building materials under an order given by Leitner Electric Co., Inc., for the Health Services Building. xc: Neil Dorrill, Skip Camp, John Yonkosky, and Filed. Notice To Owner dated 2/16/90 from The Burke Co. advising that they will be furnishing concrete forming and other related materials for the Government Center, under an order given by Flortcan Erectors. xc: Neil Dorrill, Skip Camp, John Yonkosky, anf{ Filed. Page 45 March 6, 1990 14. Notice of Proposed Agency Action, Florida Public Service Commission re Annual Re-establishment of Price Increase or Decrease Index of Major Categories of Operating Costs incurred by Water and Sewer Utilities pursuant to Section 367.081(4) (a), Florida Statutes. Docket #900005-WS, Order #22579. Filed. 15. Public Notice of Application dated 2/22/90 to South Florida Water Management District from Immokalee Water-Sewer District, Gulf Coast Farms, Collier BCC, Highland Citrus Grove. xc: Neil Dorrill, Mike Arnold and Filed. 16. Resolution from Jackson County, Florida, expressing concern of their citizens re the interstate allocation of grant funds relative to the payment of Florida taxes, xc: BCC, Nell Dorrlll, and Filed. 17. Letter dated 01/02/90 from Sheriff Don Hunter to Commissioner Hasse, re Lawsuit Challenging Gain-Time and Provisional Release Credits. Filed. BID ~9-1505 RE SEL~CTION OF PROFESSIONAL ENGINEHRIN~ Fi~ ~R DESIGN OF ~D~ ~1~ ~I~D ~SION - C0~I~D TO 3/13/90 ~ ~L 6 County Manager Dorrill stated that a decision needs to be made whether the Commission wants to interview the firms on the short-li=t as prepared or invite the otl:er 3 firms to also make presentations. Commissioner Hasse indicated this item is of great importance and should be reviewed as carefully as possible, adding that he would like to see all six firms appear before the Commission. Mr. Bill Barton of Wilson, Miller, Barton, Soll& Peek, Inc. gave the board his views on the selection process. He said he feels the process now established by the Board of Commissioners is a good one and very workable. He discussed the Short List Committee and the integrity of the committee and indicated that engineers and architects do not llke long short lists because of the amount of time and money spent making a presentation. He said when a firm is listed as number 5, 6, 7, or greater on a list, the possibility of them being selected is remote. He added that the Qualification Basis Selection Process (QBS) is a law in the State of Florida that protects citizens, tax- payers, and those who perform services for municipalities. Commissioner Volpe inquired if there is to be a change in the Page 46 March 6, 1990 Short List. Mr. Barton indicated affirmatively, noting the short list of three(3) ts to be expanded to stx(6), and he is not tn favor of the change, he said. Commissioner Hasse said this is the first time that Collier County has deviated or wanted to deviate from this procedure, and con- tinued by explaining that due to the subject matter he feels an expanded short list is appropriate. Commissioner Shanahan commented that he feels the recent discussion makes a definite point of a short list of three (3) and the entire Board agreed that they would rely on the staff to narrow down the selection for the Board's final decision. He shared the Chairman's view that this is a significant, unusual circumstance and in this particular instance this deviation may apply, but he would not like to see this happen with any regularity. Commissioner Hasse indicated this item needed a very thorough discussion. Commissioner Volpe questioned Mr. Arnold regarding the number of responses to the request for proposal, and he indicated there were six (6) responses. Commissioner Volpe asked who sat on the committee that reviewed the various bids? Mr. Arnold indicated that the committee consisted of: Fred Bloetscher-Asst. Utilities Administrator Bill Temby-Utillties Engfnee;'tng Director Janet Bonnema-Sr. Enginee~'-Utilittes Engineering Mike Newman-Water Dept. Director John McDermott-Purchasing Dept. Commissioner Volpe indicated it was his understanding that certain projects have outside consultants, and wanted to know if there was anyone outside the staff involved in the selection process? County Attorney Dorrill indicated that this is usually done in the instance of bond underwriters, but typically for architects, engineers, and land surveyors the selection Is left to the staff in order to shorten the qualification presentation group. Page 47 March 6, 1990 Commissioner Shanahan moved, seconded by Commissioner Volpe, that due to the unusual circumstances Involved in this plant and type of water softening operation, the presentations be delayed to include all the firms who made presentations to the Selection Committee and that the policy in this particular case be waived. Commissioner Volpe indicated that he would like staff to provide the Commissioners with a full analysis of all bidders when this item comes back on the agenda. Upon call for the question, the motion carried 4/0. (Commissioner Saunders absent.) Commissioner Volpe inquired as to how ]~ng each presentation would last. County Manager Dorrill said that most presentations of this type are between 15 and 30 minutes for a maximum total of 3 hours for 9D1 and 1-1/2 hours for 9D2 which has been continued to 3/13/90. Commissioner Volpe moved, seconded by Commissioner Shanahan and carried 4/0 (Commissioner Saunders absent) that 'Item 9D1 be brought back March 13, 1990. There being no further business for the Good of the County, the meeting was adjourned by Order of the Chair - Time: 3:05 P.M. · " ' ATI~E~T i .... '~' BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL ~AX'~(. HASSE] SR , CHA4'RMAN F;,,' JA~S, C . GILES ,' C.L~a~RK .:> .. .... . ~ / ./ ..  e ~l~utes approved by the Board on ~ as presented ../ or as corrected Page 48 00077