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BCC Minutes 09/05/1989 R Naples, Florida, September 5, 1989 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 followlnG members present: CHAIRMAN: Burr L. Saunders VICE-CHAIRMAN: Max A. Hasse, Jr. (9:15 A.M.) Richard S. Shanahan Michael J. Volpe Anne Goodnight ALSO PRESENT: 3ames C. Giles, Clerk; 3ohn Yonkosk¥, Finance Director; Annallese Kraft and E]lie Hoffman, Deputy Clerks; Nell Dorrtll, County ManaGer~ Ron McLemore, Assistant County Manager; Tom Olltff, Assistant to the County Manager; Ken Cuyler, County Attorney; Brenda Wilson, Assistant County Attorney, Mike Arnold, Utilities Administrator; William Lorenz, Environmental Services Administrator; 3elf Perry, MP0 Director; Leo Ochs, Administrative Services Administrator; Bob Fahey, Solid Wa,~te D~rector~ David Russell, Department Supervisor, Solid Waste: Harry Huber, Technical Services Supervisor; Nancy Israelson, Administrative Assistant to the Board; and Deputy ~am Bass, Sheriff's Office. Item AGENDA AND CONSENT AGENDA - APPROVED WITH CHANGES SEPTEMBER 5, 1989 Co~tsstoner Hasse moved, seconded by Commissioner Volpe and carried 4/0, that the Agenda and Consent Agenda be approved with the following changes: (Commissioner Shanahan absent). 1. Item 14C~ Moved to 9C1 Approval of Response to Request for Proposal for Continuation Grant for Fundlng under Title III of the Older Americans Act 2. Item 14E4 Deleted - Recommendation to Adopt an Amended Personnel Policy relating to Dru~ Free Workplace 3. Items 6C1; 6C2; 6C3; 6C4; 6C5; 6C6 and 6C7 continued to 9/19,,'89. 4. Item IOA Continued to 9/26/89 - Appeal by Can-American Naples, Ltd. A discussion followed on Item 9E2, Recommendation to Award RFP ~89-1447 for the Provision of Group Health Benefits. Commissioner Saunders indicated that Don Cameron had requested a continuance on that item, and County Manager Dorrill explained that he was one of the bidders and Staff had related to him that the current premium period ends at the end of September. Mr. Dorrtll reported that Staff has a presentatlon, and if the Board of County Commissioners feels further informat~cn cra continuance is ~n order, Staff will adhere to the request. A discuss:on fo]lowed on bid protests. Item #SA ,,~LOYEE SERVICE AWARDS - PRESENTED Commissioner Saunders presented Employee Service Awards to the following employees: Judith Bodlne, Utilities - 5 years Robert Demarest, Library - 10 years Ralph Reese, Development Compl.[ance - 5 years Item RICHARD WINANS DESIGNATED AS EMPLOYEE OF THE ~OMTH FOR SEPTEMBER~ 1989 Commissioner Saunders presented Richard Wtnans, Transportation Services Division, with a plaque and a $50.00 check for Employee of the Month for September, 1989. '****Commtsstoner Shanahan arrived at 9:15 A.M.emcee SEP'£~I(BER 5, 1989 Ite~ #9Al BUDGET AMENDMENT REQUEST TO ESTABLISH METROPOLITAN PLANNING 0R~ANIZATION (MPO) GRANT FOR GRANT YEAR 89/90 AND PROVIDE FOR UNINCORPORATED PORTION OF THE LOCAL MATCH FROM MSTD GENERAL FUND (111) - APPROVED Metropolitan Planning Organization Staff Coordinator Perry stated that this item is a budget amendment request to establish an MP0 grant budget for the coming fiscal year. He Indicated that an MPO grant has been in existence since 1982 and annually budgeted on the County's fiscal year even though the grant period straddles two fiscal years beginning 3uly 1 and ending 3une 30 the following year. He reported that as a result of a new budget policy adopted by the Board of County Commissioners and because of the financial capabilities of the Clerk's office, the County is now capable of budgeting grants on the grant year, in this case beginning July 1. He noted that since this is the first year Staff will be doing this, each year Staff will come with a budget amendment request rather than through the normal budget request channels. He explained the request establishes that budget with a budget amendment from 3uly ], 1989 through June 30, 1990. Commissioner Hasse moved, seconded by Commissioner Shanahan and carried unanimously, that the budget amendment request to establish the Metropolitan Planning Organization (MPO) grant for grant year 89/90 and provide for an unincorporated portion of the local match from MSTD General Fund (1~1), be approved. Item ~9C1 PROPOSAL FOk CONTINUATION GRANT FOR FUNDING UNDER TITLE III OF THE OLDER AMERICANS ACT - APPROVED Martha Skinner, Social Services Director, reported that after sub- mitting the Request for Proposal, Staff found out that $1,000 more was added and the amount should read $105,736.00 bringing the total to $146,736.00 with no matching funds required for the extra money. Commissioner Hasse moved, seconded by Commissioner Goodnight and carried unanimously, that the proposal/application for the grant of federal Older Americans Act funds for continuation of aervicee to the elderly in 1990; the required commitment of local matching funds and the st~ntng of commitment forms relating to Affirmative Action, Civil Rights, and handicapped accessibility; and the signing of the contract with the Area Agency on Aging d/b/a The Council for Human Services of South Central Florida when and if such contract is awarded, be approved. County Attorney Cuyler noted that the motion ia subject to the County Attorney's off]ce ~n]ng off the contract when it arrives. Page 4 Item #gD1 UTILITIES DIVISION APPLICATION FOR WAIVER OF ¢~RTAI~ PROVISIONS OF NOISE ORDINANCE - APPROVED Mike Arnold, Utilities Administrator, stated that thls request is associated with the construction of the East and South Naples Sanitary Sewer Project. He noted that there were a tremendous amount of ease- ments that had to be acquired for this project, and many of the ease- ments require sewer pipe lines to be constructed along major arterial corridors, i.e. Airport Road, Davis Boulevard and U.S. 41. He explained that doing work on Sundays would facilitate the construc- tion, but the Noise Ordinance precludes that. He reported that there ts provision for waiver and explained that several provisions within the easements require jack and bore entrances or other extraordinary construction, adding to the cost, and doing this work on Sunday will not disrupt the businesses. Mr. Arnold indicated that another consideration is that being on the commerc]al corridor, the noise will not be detrimental to a residential area. In response to Commissione~ Volpe, Mr. Arnold noted that the project is out for bids and in order to give the contractor the flexibility to work on Sunday, Staff needs to roll that into the bid documents via an addenda and that will allow the contractor to structure his bid accordingly. He emphasized that cost savings will be involved because on a workday, traffic will be in conflict with the construction. Co..~iasioner Goodnight moved, seconded by Commissioner Shanmhan ~nd carried unanimously, that certain provisions of the Noise Ordinance be waived for the Utilities Department for con~truction of sanitary sewer ~nstallations at specific locations on Sundays. Item ~gE1 RESOLUTION 89-219 AWARDING A CERTIFICATE OF PUBLIC CONVENIENCE N~CESSITY TO AFFORDABLE LIMOUSINE SERVICE, INC. - ADOPTED Leo 0chs, Administrative Services Administrator, stated that the Public Vehicle Advisory Committee recommended awarding a Cert~ficate of Public Convenience and Necessity to Af~ordabl~ Limousine Service, Inc. for operation of a van. He stated that all requirements of Page 5 SEPTEMBER 5, 1989 Ordinance 86-4 have been met, $50.00 in revenue for the permit will be credited to the Fleet ManaGement fund and Staff recommends Resolution 89-219 be ,adopted awarding the Certificate of Public Convenience and Necessity to Affordable Limousine Service, Inc. In response to Commissioner Hasse, Mr. Ochs replied that there is an Ordinance containing rate charges set out for all vehicles for hire in the County. Mr. Ochs explained that the Ordinance contains certain zone charges when a taxi is required to move into zones outside of their original zone and surcharges are approved in the ordinance for that type of travel. He noted that the County Attorney's office is currently reviewing an amended Vehicle for Hire Ordinance based on recommendations of the Public Vehicle Advisory Committee and Fleet ManaGement Director. Commissioner Shanahan moved, seconded by Commissioner Goodnight and carried unanimous/y, that the public hearing be closed. Comm~ssioner Shanahan moved, seconded by Commiss~oner Goodnight and carried unanimously, that Resolution 89-219 awarding a Certificate of Public Convenience and Necessity to Affordable Limousine Service, Inc. be adopted. S~:PT~iBER 5, 1989 Item #9E2 NEGOTIATION OF CONTRACT FOR THREE YEARS WITH TWO YEAR RENEWAL OPTION FOR CLAIMS ADI~INISTRATION AND EXCESS INSURA~NCE COVERAGE WITH FIRST BENEFITS, INC. FOR BID RFP 89-1447 FOR THE PROVISION OF GROUP HEALTH BEN~FITS - APPROVED Legal notice having buen published in the Naples Dally News on July 7, 1989, as evidenced by Affidavit of Publication filed with the Clerk, requests for proposals were received for the provision of Group Health Benefits until 3:00 P.M., August 11, 1989. Leo Ochs, Administrative Services Administrator, stated that Staff recommends entering into a contract with First Benefits, Inc. of Florida for group health claims administration services and excess insurance coverage for the County's protected self-funded health bene- fits program. He explained that since 1975 the County has provided group health benefits to Its employees and their eligible dependents through a traditional indemnity plan in which the County would pay a monthly premium to the insurance carrier and the carrier would admi- nister and pay claims. He reported that in April, the carrier requested a rate increase of 24% on June 1, 1989 and 16% on October 1, 1989, and as a result of that action Staff solicited proposals frcm a number of firms. He noted that proposals ,~ere opened on August 11, 1989 and the County received 11 proposals for self-funded plans, 3 proposals for conventional insurance coverage and one minimum premium proposal. He stated that, based oil Staff's analysis of the proposals, the selection comm!tto~? determined a protracted self-funded method of providing group health benefits will provide the County the best pro- duct tn terms of cost, will provide cash flow and interest earnings potential and will provide appropriate coverage against catastrophic losses to the fund. He explained that the self-funded approach will allow the County to set up their own interest bearing account, pay the claims out of its own fund, provide that cash flow and Interest earning benefit to the County, and also protect against catastrophic losses on both an individual claim basis and an aggregate basis by purchasing excess insurance coverage. He indicated that the County Pa~e 7 SEPTEMBER 5, 1989 would contract with a third party cle. ims administrator for administra- tion and processing of the claims and provision of the appropriate accountinG and management reports. He stated that the Committee used an expected cost analysis in reviewing all of the proposals and looked at three factors: 1) fixed cost of plat,, the insurance premiums for th~ eXcesN coverage ar%d administrative, fees charged for processing claims: 2) expected losses for coming plan year and 3) adding in any one time set.up fees for new claim forms and plan documents. He noted that the proposal submitted by First Benefits is the most favorable in overall cost and responsiveness to ail the specifications. He stated that the total expected cost for the plan year beginning October 1, 1989 would be $4,607.0Q8 and First Benefits, Inc. has provided a 3 year rate ~uarantee on their claims administration fee. He reported that sufficient funds to cover the cost of the plan have been appropriated in the FY 89/90 budget and Staff recommends ne~otiating a 3 year contract with a 2 year renewal opt]on for claims a~ministration and excess insurance coverage. Commissioner Shanahan noted that the guarantee rate is 3 years, however, the option years are not under any Guarantee and therefore would be negotiable. Mr. Ochs replied "That is correct" County Attorney Cuyler noted that the contract will be placed on the Consent Agenda after it is negotiated. Commissioner Volpe questioned if the administration fee of $91,OOO includes the premium on the excess insurance, and Mx,. Ochs responded that it is a per employee cost for processin§ claims and providing data processing services. In response to Commissioner Volpe, Mr. Ochs stated any cost beyond the $100,O00 level for individual claims is picked up by the insurance company, and there is protection for the entire fund so that the county will know exactly what the ~naximum exposure will be. In response to Commis~3ton~r Volpe, Mr. Ochs responded that the invest- ment of the monies will be handled the sa~e way that the Worker's Compensation funded program is handled. Mr. Harold Holton stated that he represents Gulf Life and American Page 8 SEPTEMBER 5, 1989 General Group insurance company, and October 1, 1989 would be the beginning of the 15th year that Gulf Life has provided group insurance benefits fo~' the County and its employees, He noted that the County recently requested to elect proposals for Group ]nsurance and will change to a self-insured program with claims administered by First Benefits Corp. He reported that based upon information supplied to him by 3elf Walker of Risk Management, the additional risk to the County next year compared to the minimum premium plan offered by Gulf Life will be $756,531 greater than Gulf Life's proposal. He indicated that under their minimum premium plan Gulf Life offers the same cash flow advantages as a sel£-funded plan. He stated that it is. not pru- dent for the County to expose itself to 3/4 million dollars of claims of risk compared to the American/General Life Plan in return for lower fixed cost. In response to Commissioner Volpe, Mr. Holton indicated that is portrayed as the worse case scenario. Mr. Ochs replied that the facts on minimum premium proposal have not been clearly explained by Mr. Ho]t~3n. He noted that minimum pre- mium provides the County with a budgeting tool so that the County knows it has a certain amount of money to pay out each month, but does not limit llabilJty lonG term to that amount of money. He indicated that the County is assuminG the same liability under a minimum premium type plan. Mr. Holton responded that it is true that the deficits roll forward to subsequent years, but American General did put in writinG they would limit the deficit recoupment in subsequent policy years to 5% of the subsequent years expected claims level. In response to Commissioner Saunders, Mr. Holton replied that the claims paid under the new plan represent 9 months of plans, about 3.5 million dollars. Co~miasioner Goodnight moved, seconded by Commissioner Shanahan and carried unanimously, that Staff be authorized to negotiate & three year contract, with a two year renewal option, f~r claims administra- tion and excess insurance coverage with Fimst Benefits, Inc., to approval of the County Attorney for group health benefits. Pa~e 9 SEPTEMBER §, 1989 In response to Commissioner Volp?, Mr. Ochs responded that there are wellness programs for employees to attend, checks on hospital stays, and education of supervisors and employees about early treat- ment and assistance for various disorders. Item 9K3 CONTRACT FOR FLEET MAINTENANCE AND REPAIR SERVICES WITH LEAR SIEGLER MARA(I~.MKNT SERVICES CORPORATION IN THE AMOUNT OF $649,2§?.00 - APPROVED Leo 0chs, Administrative Services Administrator, stated that since February 1982, Collier County contracted with a private vendor for vehicle equipment and repair services. He reported that Fleet Maintenance offers the County quality, cost effective technical and managerial service with respect to fleet management without assuming many of the indirect costs and potential liabilities. He indicated that the current contract expires on September 30, 1989 and Staff requested and received proposals on August 7, 1989, and the firms have been ranked on their experience, responsiveness to RFP requirements, financial stability and client references. He noted that the price was also a decision factor of the selection committee, and the commit- tee unanimously rated Lear Siegler Management Services Corporation as most responsive to the specifications. He explained that Staff recom- mends an initial contract term of 2 years, with two consecutive 2 year renewal clauses and the operating target is negotiated annually and will be approved through the budgeting process. He indicated that the recommended firm had initially proposed an operating target for the contract year beginning October 1 of $776,O00 and was negotiated down to $649,000. He noted that funds are available in next year's Fleet Management budget for this expense. In r.esponse to Commissioner Hasse, Mr. Ochs replied in addition to Staff having performance issues with Ryder Manage Logistics Systems, their proposal is not as responsive in terms of the scope of services or overall cost. He stated that Lear Siegler has been ~n business since 1961 and did a lot of contract fleet management for NASA and the Defense Department. In response to Commissioner Hasse, Mr. Ochs Page 10 SEPTEMBER 5, 1989 stated that In addition to the standard monitoring efforts, the Fleet Manager and his Staff will be moved to the County Barn facility. In response to Commissioner Volpe, Mr. Ochs indicated that the new vendor will be performing tire service and subcontracted work in house which will save considerable money on sub-contracting costs. Mr. Brad Smith, Director of Operations for Lear Siegler indicated that the majority of people, the site manager and staff, will be hired locally. He noted that management is headquartered in Oklahoma City, but they have a direct line to their site management here and to the County for any problems that may arise. He stated that Leaf Siegler proposes to install a computer system to track vehicle by vehicle, all parts purchases, usage, sto~'age and the entire logistical and maintenance aspect and made available to the Fleet Manager in the County. In response to Commissioner Shanahan, Mr. Ochs stated that the County will have mitre staff, and ~ higher level of service and wider scope of service than the County currently has. In respons~ to Commissioner Saunders, Ms. Wilson indicated that she has no concern about anything in the proposal that is not addressed tn the contract. Commissioner Saunders requested that the contract be signed by the County Attorney before being put tn the Executive Summary. Co~tss~oner Goodntght moved, seconded by Commissioner Hasse and ca~r~ed U.,lan~mousl¥, that the Fleet Maintenance and Repair Service Contract w~th Leaf Steg!er Management Corporation ~n the ~ount of $649,25?.00 be apSrovsd. County Manager Dorrill commented that the last 2 items provided $1,410,000 savings over what they would have been, in dealing Item #gG! ' BID ~89-1446 IN THE AMOUNT OF $55,500.00 FOR A LANDFILL SCALE SYSTEM BE AWARDED TO M~TRO SCALE AND SYSTEMS COMPANY, 1NC. - APPROVED Legal nolice having been published in the Naples Daily News on 3une 30, 1989 as evidenced by Affidavit of Publication filed with the Page 11 SEPTEMBER 5, 1989 Clerk, request for proposals for a landfill scale system to be installed at the Naples Landfill were received until 2:30 P.M. July 1~, 1989. David Russell, Solid Waste Department Supervisor, stated that this bid is proposed to put together a package for a new and updated scale system, with a concrete decked scale platform, fully electric type with a digital instrument, computer hardware and software, construc- tion of concrete piers and reta~nlnG walls. He Indicated that the scale platform receives continuous loads from the vehicles and is the most important component. Steve Carnell, Director of PurchasinG, stated that Staff recommen- dation Is to award the bid to Metro Scales and pursuant to the County's protest bid po]icy, the Purchasing Department received a pro- test from the second low bidder, Dickey Scales, Inc., on July 26, 1989. He stated that the item was removed from the August 1, 1989, agenda to afford Dickey Scales, Inc. the opportunity to file a formal protest, which they did on July 31, 1989. He explained that Staff reviewed the protest, and the Purchasing Director, pursuant to policy, issued a decision and response on August ]8, ]989. He stated that Dickey Scales, Inc. has appealed the decision of the PurchasinG Director. He reported that this was m competitive sealed bid, which entails the County publishing its requirements from a technical stand- point in terms of equipment, purpose, functionality and conditions of purchase. He explained that it is then incumbent upon the bidders to make their best offer based nn the cond~tion~; the County has spe- cified. He pointed out that this process is designed to be objective and a decision is made primarily and strictly on the written proposals themselves. He indicated that in reviewinG the protest, 3 key docu- ments were looked at: 1} the bid invitation itself; 2) what the County told the bidders it wanted and 3) each btCder's actual offer and the prote:~t letter itself. }!e stat~,d that c~Pe of the chief issuers raised by the prote~tinG vendor was whether the recommended low bidder, Metro Scales, is responsive to the requirements of the County. Page He noted that the bid specifications asked for a base price for their product, the County received a base bid price from all 3 bidders, and from the 2 lower bidders received some additional conditions, per- raining to their warranty, together wtth pricing information. He explained that Metro Scales submitted a base bid of $54,000, and Dickey Scales, Inc. submitted a base bid of $54,718. Dickey Scales also Indicated that they would provide Collier County a 1% discount if payments were made within 15 days of receipt of the equipment, and tf the discount ts applied to the analysis, is a base price for Metro Scales of $54,0OO even and Dickey approximately $54,200 which is very close. He emphasized that Staff asked tha% the scale be equipped with a lightning protection system that would include complete warranty on the entire scale system, consisting of the platform the trucks drive across when they are weighed, the digital Indicator, an instrument that connects the scale to the computer software to track the trucks that come across the scale. He noted that the only other requirement was that the vendors were to indicate the length of the warranty on their bid response. He reported that Metro Scales submitted a bid in which they stated to warrant the entire system, exclu,iing lightning protection, but attached a warranty from Fairbanks, the manufacturer of the scale, applyinG to the scale itself. He noted that Metro Scale promised they would warrant the entire system, but the actual documen- tation only spoke to the scale. Mr. Carnell explained that Dtckey's took exception to that and said that Metro was not warranting the entire system, and that their warranty attachment covered the platform. He emphasized that Metro made an afffrmative s~atement in their bid proposal that they were warranting the entire system~ while DJckey's submitted a scale warranty for 24 months and covered the scale itself with lightning related or manufacturing defects covered and l~,cluded parts, labor and t~avel. He emphasized that Dickey's did not make that same commitment to the digital indicator or the computer in their base price, and in their bid package they offered extension of the coverage on the scale, Page 13 including lightning protection to the computer and digital indicator for $1,500. He reported that Metro also said they would add lightning protection to theirs for $1,500 for the entt~e system. He pointed out that $1,500 added to both bids leaves Metro's bid warranting the entire system, and Dickey's defective in that it does not cover the existing scale as requested in the specifications. He noted that Dickey said for $266 they would do that. He indicated that tn com- parison Metro's total offer is $55,500 and D]ckey's is $55,936. Mr. Carnull explained that Dickey's, as part of their bid, place(] other conditions on their offer; they took exception to the County's Indemnification clause. He emphasized that Dtckey's stated that they would require the County to protect them from special or tncid~ntal, consequential or penal damages if the County sold the equipment. He reported that appears to be an outright contradiction to the indem- nification clause, or if it is not, it ts adding conditions that are not in the County's interest. He stated that in the County's indem- nification clause, the contractor's obligation is not in any way limited by the prlce of the contract, and Dickey's condltioned their bid limiting their l~ability to the cost of the item given rise to the claim. He explained that Metro made no such conditions wlth ~ega~d to any of the indemnification issues. He reported that the County gave all the bidders basic information regarding the solar bearing capa- city of the soil itself and Dtckey's said that others would be respon- sible ~or the capacity of the soil to bear the system and no othe~ bidder made that condJtion In their offer. He pointed out that ~epre- sents an improper transfer, of ]]abJ]lty away from the general contrac- tor, Dickey's, to the County as they are absolving themselves from that responsibility. He summarized that given all these con- siderations, the Purchasing Department, upon reviewing the appeal, denied the appeal, informed Dickey's in writing and informed them of their right to appeal and right to appear before the Board of County Commissioners. Commtssloner Hasse questioned the installation whereby Dickey Pace 14 SEPTEMBER 5, 1989 requires 21 days cure time for the base and Metro will install the entire piece of machinery within that same period of time? Mr. Russell responded that construction methods of the two proposals are quite different. He explained that the Metro system is modular and these 3 sections of the 60 foot platform are made in a manufacturing situation and brought to the site and installed. He reported that the Dickey proposal has one continuous s/ab, poured with local concrete in place and involves a cure time. He stated that one of the reasons Staff favored Metro System was that If a problem occurs, these modules are easily changed. In response to Commissioner Hasse, Mr. Russell explained that one is cured ahead of time under controlled conditions tn a factory and brought to the site; the other is put together on the site and the concrete poured on the site. Mr. Russell stated that the base proposed by Metro is 3 heavy decks brought in with a heavy duty truck and set in place with a crane. Commissioner Shanahan questioned which system is superior? Mr. Russell responded that representatives from both firms are here to explain certain items, but Staff opted for the Fairbanks system because it is an above ground design and the whole industry is heading to the modular, fully electronic direct]on~ and the warranty on the platform itself, provided by Fairbanks is for § years, as opposed to a 2 year warranty by Dickey. He indicated that the new modular system seems to be the way that the lndustry is golng. He pointed out that if a problem occurred tn the concrete Dickey offers, the total deck would have to be broken up, removed, re-poured and re-cured, creating a tremendous amount of down time. He noted that if one of the 3 modu- les, as in the Metro system, failed, a crane would be brought in to set tn a new module. Stephen Johnson, Sr., Metro Scale, responded to Commissioner Hasse that they pour the concrete on site to support the foundation for the system and the cure time is less than an above-ground system. Tom Seigler, Dickey Scales, reported that he has been in the scale business for over 11 years and dedlcated himself to serve customers. Page SEPTEMBER 5, 1989 He noted that this is an unpleasant sit~ation for him to be in. He reported that he is being denied the opportunity to serve Collier County. He stated that Dickey Scales bases its concept of morality on the fact that service is their total commitment. He explained that his company has been in business for over 35 years, grown to 120 employees, is a state-wide operation with offices in Tampa, Orlando, Davie, Jacksonville and Albany, Georgia. H{: noted that at this time Dickey's is the largest independent scale distributorship in the United States. He reported that he wants the taxpayers of Collier County to know what is involved in this bid analysis. He reviewed the contents of his letter to Steve Carnell, Purchasing Director, Collier County of July 31, 1989, as outlined in the Executive Summary. Commissioner Hasse questioned Dickey Scales not being responsible for providing soil bearing, and Mr. Seig]er responded that any engineer will tell you when putting in a truck scale you must have certain pounds per square foot- soil bearing, and Metro does not tell you that, but if you go to a Fairbanks print it tells you a minimum pounds per square foot soil bear]nG is required, and if it is not tkere you will have to do a soil analysis test, and that is a safeguard Dickey Scales is providing. In response to Commissioner Hasse, Mr. Seigler stated that any scale company needs a certain amount of pounds per square foot, and he would make sure there was enough, even if it cost him money. In response to Commissicner Saunders' question concerning the scale technology of the digital vs. the analog, Mr. Carnell replied that the County specified an above-grade application in the bid speci- fications through a set of drawings provided to the bidder. He explained that gave them a depiction of how the scale was to be installed and the County received no objection from any bidder as to the safety or viability of that approach and with regard tc the tech- noloGT, Staff's review was based on what was asked for and what was received. He reported that the bids submitted by Metro Scales is responsive to specifications, and the salesman from Metro can discuss Page 16 SEPTEMBER 5, 1989 and counterpoint some of Mr. Seigler's statements, but Staff reviewed that option. Tape #2 Commissioner Saunders questioned talcing advantage of the oppor- tunity to look at what both firms have 'to offer. He noted that the pl'lmary factors to be consid~red since the bids are so close in price, are the better technology and which sys~:em will look better. Commissioner Saunders commented that he would like to have a demonstration of the scales. In response to Commissioner Volpe, Bob Fahey, Solid Waste Director, indicated that he is not familiar with the modular vs. the analog system. Steve 3ohnson, Metro Sca]es, stated that he has 20 years in the industry, and the present equipment at the Naples Landfill is a Fairbanks scale that has given heavy duty and good service over the past 8 to l0 years it has been there. He explained that this scale has been well maintained° and the type of scale to be installed is a pre-formed, high tensile concrete, engineered for the type of Job required. He emphasized that there is nothing new and proven about the digital cell, it is stainless cased unit and a ceil is put under- neath the same as Metro does. He reported that his application is to maintain all electronics in the instrumentation where it can be controlled, not out at the cell. He explained that the cell ~s only a load receiving signal producing unit that sends signals back to the ~nstrument, and the instrumentation does the work. He questioned why the operator of a scale has to know anything about the maintenance of the scale? He stated that ]s the service repairman's Job, and he goes into the scaJe to isolate any problems just as easily from a Fairbanks unit as a Mastron unit. He reported that Dickey has not told you he is the only authorized dealer of Toledo Mastron product in the entire State of Florida, half of Georgia and Alabama. He pointed out that if the County requires service on the Toledo or Mastron product, no one is authorized to handle that type of equipment and he questioned where the County will go for service7 He explained that he is a Southwest Page 17 SEPTEMBER 5, 1989 Florida distributor for Fairbanks Scales and represents them. He noted that In Davle there is another organization, Scaleman of Florida, an authorized Fairbanks distributor and if he falls, the County will have backup. He stated that Fairbanks Itself has 5 loca- tions to service the County; Tampa, Lakeland, Eden Park, West Palm Beach, Miami, 3acksonvll]e, and Sanford Scale in Sanford Florida, another authorized Fairbanks distributor. He indicated that he has met everything the bid has asked for, the technology Is right, the system being installed is used presently in waste management systems throughout New England. In response to Commissioner Volpe, Mr. 3ohnson replied that Fairbanks has several scales in Florida~ tn Jacksonville, all across the upper portion of Florida, Georgia, Alabama and two scales are being installed in Dade County. He explained that the two scales bet~.g Installed tn Dade County are the same system, 60 foot truck sca- les, low profile designed to take advantage of not having to put the scale tn a pit with less concrete to be used. He reported that to meet the foundation bearings, If the footing soil pressure ts 1,500 pounds per square foot and requires 2,500, you build a bigger footer and that is what his contractor has designed and will build a larger footer to expand it over more Ground for tt to have a larger load bearing surface. He stated that is their warranty. Commissioner Volpe commented that even though the cost difference ts insignificant, Staff has analyzed the bids and the scales are being installed tn Dade County. Mr. Russell reported that Staff is of the opinion that Metro is providing the equipment that will do the Job and the work will be warranted. He noted that Metro meets all of the specifications of the bid, and he Is confident that Metro can do the job, they have done the Job In other places and their software is a prov~n item. Mr. Selgler responded that the key th]ng is the system's respon- sibility and experience, and he would like the opportunity for a demonstration of Dickey Scales and Metro Systems to display and Page SEPTEMBER 5, 1989 demonstrate a computer and software and how it works. He emphasized that the County is not purchasing a scale, computer hardware, or soft- ware, the County is purchasing a system. He noted that he challenges Metro's systems experience and ability to guarantee the equipment. He stated that he feels Dtckey's has superior technology, load cells, digital instrumentation, and Dickey owns their software. He reported that he did not think Dickey is getting a fair shake. Commiss~oner Saunders and Commissioner Hasse stated that Dickey has gotten a fair shake. Commissioner Hasse stated that Staff has taken a hard look at the two bids, with a small difference in cost. He pointed out that Mr. Seigler stands the chance of losing this sale, but the two components are basically performing the same duty. He noted that Mr. Seigler should have put questions about someone else's unit in the bid, since he feels his unit fs far superior to the other one. Commissioner Shanahan moved, seconded by Commissioner Hasse mhd carried unanimously, that Bid 89-1446 for a landfill scale system to be installed at the Naples Landfill be awarded to Metro Scale and Systems Company, Inc. · ''e'Recess: 10:45 A.M. to 10:~0 A.M. · '' De$~uty Clerk Hoffman replaced Deputy Clerk Kraft at this ti~e Item #9G2 CUF~BSIDE PILOT RECYCLING PROGRAM EXTENDED FOR THIRTY DAYS WITH NO FURTHER COSTS TO COLLIER COUNTY - APPROVED Environmental c~:'vices Administrator Lorenz advised that on July 25, 1989, the Commission directed Staff to meet with Waste Management, Inc. (RrM, I), to begin discussions to extend the Pilot Recycling Program, specifically, to determine what the terms of the extension would be. He explained that Staff has had two meetings with WMI, and the results of the analysis is set forth in tbt~ Executive Summary. He explained that the average set-out rate is approximately 55~ which is the amount of time an individual places his bin on the curb, but WMI estimates that the participation rate is 10%-25% higher than that. Mr. Lorenz reported that during the past three months, 152 tons of Page 19 ,;~ SEPTEMBER 5, 1989 rec¥clables have been collected, generating $5,800 in revenues, but the revenues do no outweigh the cos~s, tie noted that the costs for operating the program for three months is $35,000, which translates to $1.85/per household per month, or to extend the program for an addi- tional ten months the cost would be $92,500. Mr. Lorenz stated that extending the pilot program for another ten months would enable Staff to obtain data over a one year period so that the estimates of operating costs, revenues, participation r,~tes and tonnage of materials to be recovered can be refined. He indicated that participation rates would also be determined after households are charged for the service since there will be a net cost for the program, and Staff would ascertain whether a voluntary or mandatory program is necessary. He noted that an extension of the program will also determine whether the one bin system ~s preferred, or if there are other systems which would increase participation rates and decrease costs. In answer to Commlssioner Volpe, Mr. Lorenz explained that the proposed extension would be a continuation of the same scope of the program, with the same 5,000 households. Commissioner Saunders questioned the cost of the tipping fees at the landfill? Mr. Lorenz advised that tipping fees are currently $18/ton. He explained that the present cost to operate a recycling program, and take the materials out of Collier County is $~3~/ton, noting that subtracting the $18/ton, will be $212/ton, and the life of the landfill will be extended. Mr. Kim Egelseer o~ Waste Management, Inc., informed that the way the disposal for residential units is currently billed to his firm, is not on tonnage, but rather on a peF unit basis. Commissioner Saunders stated that the benefits of recycling ~s County-wide, slnce landf~ll space ~s being saved. He suggested that rather than charging $1.85 per participant, the total cost should be spread out througk the County. Mr. Lorenz advised that there are three funding alternatives for Page 20 SEPTEMBER 5. 1989 evaluation, noting that Recycling Grant~ could be used to offset the costs, as opposed to charging the re~idents. Commissioner Volpe stated that the program has already been extended tot a month, and there are now four months of data. He indi- cated that he cannot support the continuance of the curbside program for another ten months, and noted that he is disappointed that no alternatives have been developed during the past four months. Commissioner Shanahan gue~tioned whether more materials wt~ h.e picked up if a three bin system is recommended7 Mr. Egelseer explained that the three bin system will offer a bit more efficiency in the collection, and a little more productivity from the driver's standpoint, but there is a larger capital investment, and the rest-- dents are being asked to do a little bit more. He indicated that fn his opinion, the single bin system is the best for Collier County. So/id Waste Director Fahey stated that residential units ~enerate 25% of the waste stream. He indicated that if other alternatives were explored, i.e. pick up on a monthly basis, or every two weeks, perhaps the cost could be lessened. He advised that th~, Legislation which established the requirement to recycle 30%, is somethin~ that the Country as a whole is trying to deal with, but it will take some ti~e for a cost effective manner to be determined. He noted that Staff J.s currently Investigating various alternatives, and indicated that he would like more time, before making the major capital investment of bins, etc., associated with curbside recycling. He stated that an extension of the program will be an expensive way to continue, but funds can be made available through Grant funds. Commissioner Goodnight stated that if the program is extended fo:r ten months, there are two things that she would like to see: 1. The amount of newspaper to be collected. 2. The number of people that will be signing up for the program, that were not in the County during the summer months. Mr. Fahey advised that approximately 7,500 tons of newspaper comes into Col/let County to be printed upon. He indicated that the Page 2! SEPTEMBER 5, 1989 requirement of Legislation is to recycle ,,lore than 1/2 of that. noted that present systems of this program, plus the activities of the Jaycees, etc., have resulted in Southeast Recycling purchasing 2,300 tons of paper on an annual basis. He stated that Staff is looking into the possibility of having additional drop off boxes placed throughout the County: County Government facilities, fire stations, parks and schools. He indicated that Southeast RecyclinG provides the containers and pickup service, and noted that durinG the period of December through June, 81 tons of paper were collected on Marco Island, and was sold for $~,560. He explained that there are many alternatives that are a function of marRet price that will vary in time, and this is not the only way to Go. Commissioner Volpe questioned whe~ those alternatives will be pre- sented? Mr. Fahey reported that the Master Plan requires that Camp, Dresser, McKee provide a listing of those alternatives and recommen- dations of same. He indica~ed that he expects to have that program prepared by the end of September. With regard to Commissioner Shanahan's inq'~try relating to con- dominiums being included in the loop, M~. Lorenz advised that Mr. Fahey is puttinG together a letter to a number of organizations that may want to participate in having drop off points. He indicated that condominiums are currently out of the loop because curbside collection is focusinG on residential. Commissioner Saunders ~tated that it appears that curbside recyclinG is not the answer for a County-wide program, and it seems that eventually some type of fac]lity will be necessary for the sortinG of materials in order to achieve the 30~. He indicated that perhaps Staff should start lookinG into this alternative. Commissioner Shanahan mentioned that the Commission may be prema- ture in making a decision today to continue this program since Staff will be coming back at the end of the month with recommendations for alternatives. He suggested that any action on this item be deferred until the entire package is reviewed. Page 22 SEPTEMBER 5, 1989 Mr. George Keller stated that every city in the United States is faced with this program, and someone must have come up with some solu- tions, and suggested that the expertise of these folks be used. He suggested that since the Committee will be presenting alternatives and recommendations at the end of the month, that no action be taken until that time. Mr. Egelseer stated that the $92,500 is without any revenues being given back to the County, as WMI has been doing. Commissioner Saunders stated that the 5,000 homes that do have the bins will not be aware that the program has ended, and questioned whether the pilot program could be extended for another 30 days, until Staff comes back with alternatives? Mr. Egelseer indicated that the program could be continued for thirty days, and if at the end of that time period Staff recommends that the curbstde program will be part of the essence to obtain the 30%, perhaps a retroactive arrangement could be made for the month of September. Commissioner Volpe indicated that curbsJd~ is the lowest on the list of priorities, and he does not see the ne~d to continue the program for thirty days. CommissJoner Saunders stated that if it is determined to develop a facility at the landfill, it will take some period of time before that facility is constructed and operating, and therefore, it probably is not a bad idea to continue some type of curbside recycling, pending implementation of a final solution. He explained that this will keep people aware of what the County is trying to do in terms of recycling. Co~issioner Shanahan moved, seconded by Commissioner Sau~ldera and carried unanimously, to extend the pilot rec¥clin~ progra~ for thirty days, unt~l Staff comes back w~th their recommendations. Item ~9H1 RENEWAL OF BID 88-1263 TO R-B LAWN SERVICES, INC., FOR MARCO ISLAND M~DIAN MAINTENANCE IN THE AMOUNT OF $~?,795 - AWARDED There was no discussion regarding this ~tem. Co-~ssfoner Shanahan moved, seconded by Commissioner Hmsse and Pa~ 23 SEPTeMBeR 5, 1989 c~rrl~d unanimously, to accept Staff's reco~endatlon that a contract for ~rco Islud Nedt~ ~atntsn~cs durln~ H 89-90 be awarded to R-B La~ Se~tce~, Inc. In the ~ount of $167,795. Item ~9H2 ~ TO CO~ ~CK WITH "S~T LIST" OF PROJECTS RK~TING TO S~ES T~ CONCK~ P~ Commissioner Saunders stated that this item ts a continuation of the action the Commission took at its Workshop on August 28, 1989, directing Staff to come back with a resolution formalizing the action creating the Ad Hoc Sa]es Tax Advisory Committee and other recommen- dations for the Sales Tax Concept Report developed by the Collier County Finance Ccmmlttee. Commissioner Hasse indicated that he questions the Idea that a portion of the 1¢ sales tax for Collier County will be utilized for State roads. Assistant County Manager McLemore noted that anytime the sales tax issue ts dealt with there are a nu,nber of policy issues and alter- natives involved. He stated that the Intent of the Finance Committee is to build thc infrastructure, provide an ouerall community program, and maximum property tax relief. He explained that it is further suggested to use a broad base of citizens to work with the Commission and make recommendations regarding alternative ways to approach this. Commissioner Shanahan stated that his understanding was that the blue ribbon committee would put together the final recommendations for approval. He questioned whether the School Board should be involved as part of tile committee since they set their own millage rate, they go in their own direction, and they work closely with Tallahassee regarding their funding and their needs. He explained that he has had a number of constituents voice concerns about the portion of their tax bill appropriated to Schools, and tile fact that a very significant increase Is proposed. He advised that his position Is that the sales tax could be spent on a lot of other things outside of the School Board's needs, and they should operate on their own. Page 24 SEPTEMBER §, 1989 Mr. McLemore stated that Collier County is not the Initiator of the School Board participating in this program. He advised that other areas around the State have brought the school system into their p~ograms. In answer to Commissioner Volpe, Assistant County Manager McLemore explained that the County's ten year history reflects a 19% average increase. Commissioner Volpe stated that the Capital Improvement Program reflects $100 million in sales tax revenues tn the next five years with the additional 7th cent sales tax, and a $35 million surplus ts shown. He noted that this does not address the various programs that have been identified in the conceptual framework. Mr. McLemore advised that the $35 million surplus is available to do projects other than the CIE projects. Commissioner Volpe said that he questions $1.5 million in public monies being used for St. Matthew's House and the Salvation Army. He questioned where this ties into infrastructure needs7 Mr. McLemore replied that these are Non-CIE project alternat]ves resulting from previous requests, and hopefully, a donation will be provided for St. Matthew's to have a place that will work for them. Commissioner Goodnight reported that she understands that within the next 12-~8 months, the School Board wi]] have a bond issue on the ballot to help pay for schools that are to be built: one elementary school per year tn order to accommodate growth, plus the middle and high schools. She advised that the majority of the people in her District have indicated that they will not vc%e for both the bond Issue relative to the addi- tional schools and the ~¢ Local Option Sales Tax. She noted that the roads in Collier County are just as important as the additional schools, and she believes that all elected officials should work together for the good of the people, and the committee should remain as structured. Commissioner Hasse stated that he believes that the best way to conduct the debate for the various issues is to include committee mom- Page 25 ber~ who have been appointed by the School Board. Comm!qs~oner Shanahan advised that he is not persuaded to ~nc]ude members appointed by the School Board, adding that he believes that this will set up a program that will defeat the very thing that is tryln~ to be accomplished. Commissioner Vo]pe indicated that he feels that it is unfair to ask the blue ribbon committee to do what is an important plannin~ pro- Ject, and ask them to report back by November let. He explained that he believes that a further review is necessary. County Manager Dorrtll stated that Staff developed the list of every conceivable project that could be identified, and for every pro- Ject there is a constituency. He explained that the intent is to get the list out of the hands of Staff, and the committee will pick and choose the projects to be presented to the Commission with the f~nal list to be determined by th~ Board. Commissioner Saunders called attention to the proposed resolution, Page 2, Numbers 1 through 5, and noted that IteL~s address the recom- mendations to be made by the Committee. Co~lseloner Shanahan moved, seconded by Commissioner Goodn~ght, to adopt Subsection A, Items ! through 5 of the proposed resolution, and to formally not~f¥ the Voter Registration off,ce of the Cou.~t~,'s intent to place the issue on a General Election Ballot. Commisstcner Volpe called attention to, the fact that the resolu- tion as presently worded ]~mlts the Committee to review only the Growth Management Plan, and suggested that additional language be included so that the review may go beyond the Growth Management Plan. Commissioner Shanahan amended hie motion to reflect the modifi- cation as suggested by Couiss~oner Volpe. Comm~esioner Goodx~ght accepted the amendment. Comm~ssioner Saunders stated that he does not feel that this is the way to go in terms of establishing a Local Option Sales Tax, noting that it is too broad. Page 26 SEPTEMBER 5, 1989 Commissioner Hasse concurred with Commissioner Saunders. Upon call for the question, the motion failed 2/3 Volpe, Hmsse, and Saundera opposed). *** Following approval of the Consent Agenda, this Item was discussed &gmln, &s indicated below. County Manager Dorrill stated that before the meeting concludes, he would like to have a further discussion as to whether the Commission has any interest tn a sales tax referendum so that Staff can be prepared as part of the Budget Wrap-Up to adjust the Budget accordingly. He advised that failure ko have a sales tax referendum next year will result in the following projects being taken out of the budget: Expansion of tile Jail, Expansion of the Sheriff's Administrative Facilities, cltmlnatlon of any Beach Renourtshment pro- Ject for the coming year, elimination of the transfer to the Marco Beach Renourlshment, and the removal of a Parking Garage Facility at the Government Center. County Manager Dorrl]l explained that if the Commission Is con- cerned with the list of projects that Includes State roads, the Immokalee Airport, Schools, etc., he needs to know whether the con- cerns are because of such a large list, whether a revised list is desired, or to never brtn9 up the sales tax Issue again. Commissioner Hasse stated that he would like to see a more frugal approach to thls. With regard to the issue of State roads, he noted that the State should begin to fulfill its own obligation to Collier County, and they are not doing that. He related that he has no ob3ec- tlon to the sales tax issue being put to a referendum. Commissioner Shanahan indicated that he is in favor of giving the people the opportunity to vote on a referendum for a sales tax, and that a package be put together of how the money will be spent. Commissioner Volpe stated that it appears that the consensus of the Commission ts the support of a referendum, but he suggested that Page 27 SEPTEMBER 5, 1989 before this decision ts made, a review of the Capital Improvement Element of the budget should be conducted to see If ]usttfication exists. He noted that there is still $44 million in the Capital Improvement Element for State roads, and there is still $27 million for Parks and Recreation. County Manager Dorril] explained that he believes that it is use- less to go to the voters and ask if they are in favor of a 1¢ local option sales tax for five years, without an accompanying list of pro- Ject. tle questioned who should develop the list of projects7 Comisstoner Saunders returned at 12:35 P.M. Commissioner Shanahan suggested that the Commission direct the Manger to work toward the 1¢ Sales Tax referendum, and identify the projects as to where the money will go. County Manager Dorrill noted that if the Commission is interested, he is recommendinG that Staff re-evaluate the list of projects, and list them by the various categories: CIE, Non-CIE, schools, and other. Commissioner Goodntght stated that the comsensus of the Commission seems to be that funding for State roads should not be included in the 1¢ sales tax, noting that she agrees, but indicated that the State has not taken care of its responsibility. She indicated that there is the on-Going problems with S.R. 951, and questioned when U.S. 41 falls to the same condition, who will the people ,Df Collier County complain to, and will the Commission pass the buck, and say it is the State's Fesponsibtlity? Ske further noted that another concern is that of the beaches, and she believes that some of the sales tax money should be used for that purpose and that the people from her D~str[ct should help pay for this, even though they are not directly affected. Commissioner Saunders advised that he believes that In some form, a local option sales tax can pass, but he does not think it can pass in the form of a 1¢ local option sales tax for ten years to fund an entire menu of projects, lncludtDg State roads and schools. He Indi- cated that he recognizes the needs of Collier County, but he feels ()('l( ~,I I Page 28 SEPTEMBER 5, 1989 that is something to be put on the ballot and it should be something acceptable to the electorate. He stated that if a dJscreet list of projects can be presented with the rationale for same, he feels that this could be approved. He indicated that he has requested that Assistant County Manager McLemore provide information as to what hap- pened in Sarasota, so that the Commission would have the benefit of their experience. He stated that he does not believe that the ten member blue 1 ibbon committee, having approximately 1-1/2 months to meet, and to review $445 million worth of projects, is not the way to come up with the list of projects that should be funded w~th the local option sales tax. Commissioner Shanahan stated that the people should determine a sales tax, and Staff and the Board of County Commissioners need to determine what the package is, and what the infrastructure needs are that are going to be identified. He noted that this is one of the ways that the Commission can look toward the future in holding increased taxes down. It wa~ the con~ensus of the Commission, that County Mar,,a~er Dorrill come back to the Co~ission in the very near future with a "smart l~et" of projects to be presented to the ~ople. Item ~9H3 Assistant to the County Manager Olliff stated that the Settlement Agreement was sent to the Staff of DCA, and advised of the following changes which he read into the record: The opening paragraph which outlines those involved in the Agreement should also include the Interveners, McAlpine Briarwood, Inc., and Antaramian Development Corporation; minor typographical errors which will be corrected in Paragraphs l, 5, 8, 28, 31 and 32. He noted that the County will retain its concurrency window, Development Orders will be issued only for projects which are consistent, receive a vested rights deter- mination, or receive a compatibility exception. He advised that a Page 29 SEPTEMBER 5, 1989 Comp Plan amendment will be required, and implementing land develop- ment regulations will be brought back to the Commission on oF about April 1, 1990. Commissioner Saunders noted that Attorney George Varnadoe will be signing the AGreement, and questioned whether the terms of the Agreement are satisfactory to the clients he represents? Attorney Varnadoe stated that his clients are in agreement, but offered the three followinG points to be recognized by the Commission~ 1. The Remedial Plan Amendments will be adopted and effective on or about April 1, 1990. 2. The zoK%ing re-evalution and the vested rights ordinance will also become effective on that date. 3. Between the time of the signing of the Agreement and the final adopt]~)n on or about April ], 1990, development permits will be issued for development consistent with existing zonlnG, but will also apply to Level of Service Standards as reflected in the Comprehensive Plan and all development will be subject t(~ concurrency. Commissioner Saunders guestioned whether th9 AGreement is satis- factory to the clients of Attorney Anthony Pires7 Attorney Ptres advised that the AGreement is satisfactory to his clients. Commissioner Volpe questioned when the first draft of the zoninG re-evaluation ordinance will be workshopped? Mr. Olltff replied that he is expecting to receive a revised draft of the ordinance, based on this AGreement, this week, and assuming that it is in keeping with all of the changes of Staff, lie hopes to be able to schedule a workshop within the next 2-3 weeks. Co~ss~oner Shmnahan moved, seconded by Commissione~ cmrried unanimously, to accept S~aff's racommenda~ion, mnd that the Chairman execute the "Stipula~ed Agreement" as amended. Page 30 SEPTEMBER 5, 1989 It*m eX1& BUD(IET AMI~,,NTS 89-282-290, 89-292~ AND 89-294 - ADOPTED Co~i&sloner Goodnight moved, seconded by Commissioner Shmn&hmn and carried 4/0 (Commissioner Saunders not present), that Budget A~end~ents 89-282/290, 89-292, and 89-294 be adopted. Item ,12A RESOLUTION 89-220, SUPPORTING THE FUNDING OF THE STATE/COUNTY SHARED PROGRAM SECTION OF THE HEALTH CARE RESPONSIBILITY ACT OF 1988 - ADOPTED Commissioner Goodnight advised that she requested that a reso- lution be prepared requesting the Governor to reinstate the State funding for the Health Care Responsibility Act of 1988. She indicated that Governor Mart~n~z v(~to~,d th~, State port tc~n of the f%~ndtrg, and Collier Cou~%ty has budgeted its share of the funds in the b'adget. She noted that the Governor left the funding In place for what was being done out of County, but not for what was being done in the County. Oo~isaloner Ooodnight moved, seconded by Co~missioner Shmnmh&n and carried 4/0 (Co~isstoner Saundere not pre~ent), that Resolution 89-220 be adopted. Ps~ 31 Comm~smtoner Goodntght movsd0 seconded by Comm~me~onmr Shanahan and carried 4/0 (Commissioner Saundere not, preeent), that the following Items under the Con~ent Agenda be approved and or adopted: Item ,14&l CAMEO SOFTWARE AGREEMENT INCREASED IN THE AMOUNT OF $?~500 RESOLUTION 89-221, AUTHORIZING PRELIMINARY ACCEPTANCE OF ROADWAY, DRAINAGE, WATER & SEWER IMPROVEMENTS IN QUAIL CREEK VILLAGE PHASES AND II-A, AND ACCEPTANCE OF MAINTENANCE BOND FROM THE DEVELOPER FOR MINIMUM OF ONE YEAR - ADOPTED WITH STIPULATIONS Preliminary acceptance of the roadway, drainage, water and sewer improvements in "Quail Creek Village Phases I and II-A" with the following 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 all ~mprovements. Authorize the Chairman to execute the Maintenance Agreement for Preliminary Acceptance and Resolution authorizing preli- minary acceptance. Preliminary acceptance of improvements will not become effec- tive until water and sewer facilities have been conveyed to Collier County Water-Sewer District. That the Developer will install the drainage pump in accor- dance with the South Florida Water Management District permit within 90 days of Preliminary Acceptance or the County will cease to issue Certificates of Occupancy. Item #14A3 LETTER OF CREDIT TO GUARANTEE COMPLETION AND CONTINUANC! OF ~ VARI-CARE PROJECT AND FOUNDATION PERMIT NO. 89-2844 AND BUILDING PERMIT NO. 89-2943 Item #14A4 See Pages RESOLUTION 89-222, AUTHORIZING PRELIMINARY ACCEPTANCE OF ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS IN THE CROSSINGS, AND W~INTENANCE BOND FROM DEVELOPER FOR IMPROVEMENTS FOR A MINIMUM OF ONE YEAR - WITH STIPULATIONS Prellmlnary acceptance of the roadway, drainage, water and sewer ~mprovements In The Crossings with the following st~pulations: I. Accept the Contract Bond as security fcr maintenance of the ~nfrastructure until the Board of County Commiss~oners grants final acceptance of all improvements. 2. That the grant of Preliminary Acceptance not become effective and the County is not obligated to issue Certificates of Page 32 SEPTEMBER §, 1989 Occupancy within the Crossings PUD until one of the following occurs: Item The Developer shall provide verification that all necessary off-site drainage easements associated with their drainage outfall have been obtained Jn favor of Collier County, or The Developer shall verify and supply written proof that he has the ability to use existing off-site easements for dratnaca p~rposes. Accompanying the written proof shall be a letter indemnifying and holding harmless Collier County from relying upon the developer's repre- sentation of its ability to use the existing drainage easements and the County's actions in granting Preliminary Acceptance based on those representations. The acceptance of any documentations in thJa matter shall be subject to the review and approval of County Attorney. SeePages ~ · X~CUTION OF PURCHASE AGR~NT FOR TH~ ADVANCE AOQUISITION OF RI~Ff- OF-WAY ON TR~ FUTUI~ AIRPORT ROAD ~KTEN$ION NORTH OF I)~OFu~LE~ ROAD See Pages __~ -- ~[~ ~ Item [14Cl Mowd to Item ~9C! Item #14C2 EID ~,)?-1137 TO PRELPS ELECTRIC II~CRKASED IN THE AMOUNT OF ~!2,000 Item ~14D1 SATISFACTION OF AGI~E~M~NT FOR PAYMEI~' OF WATER SYSTEM DEVELOP14~NT CHAR~S l~ JOR~E L. DIAZ-VENTURA & MA~AL¥ DIAZ, FOR LOT 3, BLOCK 2, PALM $~INO ESTATKS. UNIT #1 Item #14D2 BID ~89-145! FOR A UTILITY RATE STUDY TO JOHN A. MAYER ASSOCIATES IN AN ~ NOT TO ~XCEED ~&~000 ' Legal notice havin~ been published in the Naples Daily News on July 24, ~989, as evldenced by Affidavit of Publicat~on filed with the Clerk, bids were received until 3:00 P.M., on August 18, 1989, to con- sider Eld #89-1451, Utility Rate Study. Item ~14D3 ACCEPTANCE OF WATKR AND SEWER FACILITIES FOR MOON L~]C~_, ~E III Recorded in 0.R. Book ~4§7, Pages ~970-1979 Item ~14D4 UTILITIES ADMINISTRATOR TO SOLICIT PROFESSIONAL ENGIITEERING SERVICES FOR DESIGN OF #ATKR TRANSMISSION PROJECTS AND STAFF SELECTION OO$~TTEK TO CONEIST OF ANN MARIE STOLZo STEVE CARNELL, FRED BLO~I~S~HE~, C.N. TEM~¥, AND MICHAEL R. NEWMAN Ite~ '14E1 TEN PEROENT SPECIAL PAY ADJUSTMENT FOR MIREYA LOUVIE~E, SENIOR SZ~~ Item ~I&E2 BUDGET AMEN~9~ENT IN THE AMOUNT OF $24,712 PROVIDING FUNDS FOR · MERGEN~ REPAIRS AND RENOVATION OF TH~ OLD MARCO ISI~ND LIBRAR~ Item ~14K3 mCUTIV~ SUMMARY AS PREVIOUSLY APPROVED BY THE MANAGER rJURING THE -- Item ~14K5 COPIER LEASE, B-88-1337 BKTWKKN COLLIER COUNTY AND ALPHA OMEGA CONSULTANTS, INC:__D_/_B_~A__ALPHA OMEGA BUSINESS SYSTEMS AMENDED HID #89-1438 HLICOFTER TRANSMISSION OVERHAUL TO BUTLER AVIATION IN AN AMOUNT NOT TO EXCEED $3~,02~ Legal notice having been published in the Naples Daily News on July 19, 1989, as evidenced by Affidavit of Publication filed with the Clerk, bids were r~cetved until 2:30 P.M., on August 9, ~989, to con- sider Bid #89-1438, Helicopter Transmission Overhaul. Item #24F2 A(~EEMENT BHTWEEN COLLIER COUNTY AND THE STATE OF FLORIDA DKP~ OF COMMUNIT~ AFFAIRS FOR RADIOLOGICAL PLANNING AND TRAINING See Pages _~~~~__~ Item ~4H! FRKS~TATION BY THE AFFORDABLE HOUSING TASK FORCE POSTPONED FRO~ E~LY SEPTEMBER TO EARLY OCTOBER Item #14H2 BIYDOET AMENDMENT INCREASING REVENUE IN FUND 13~ (NORTH NAPLES ROADWAY) TO HE P~X.~E]rfED BY ~SOLUTION AT A PUBLIC REARING Item ~14N3 aCC=PTaaCa Or ~ZTIONS TO cREA~ A .ATER ASSESSlaB~ DISTR~CT FOR Item#lei1 KXTRA GAIN TIME FOR INMATE NOS. 59724, 37615, A#51868, A928606, AfrSO086t A~52246, A~56403f ~58~20r A~47280f A#61862f 29530, Item ~141 Pmg~ 34 '" 1989 The following miscellaneous correspondence was filed and/or referred to the various departments as indicated below: The Florida Aviation System Plan, Executive Summary, 1989-2005, and The Florida Aviation Technical Supplement, 1989-2005. Referred to BCC and filed. Copy of letter dated 08/18/89 to John Remington from Kirby B. Green III Director, Division of Beaches and Shor~s DNR, re Exemption Status of tile Bogavilla/Builldng #7, City of Naples Bulldin9 Permit Number 1385, DNR File #EXM CO-0D37. Referred to Nell Dorril], Bill Lorenz, and filed. Copy of letter dated 08/18/89 to John Remington from Kirby B. Green III Director, Division of Beaches and Shores DNR. re Exemption Status of the Elevated 3unt~/Building #6, Collier County Building Permit #1385, DNR Fil,~ #EXM CO-0038. Referred to Nei] Dorrill, Bill LorenI, and filed. Copy of letter' dated 08/18/89 to John Remington from Kirby B. Green, III Director, Division of Beaches and Shores, DNR, re Exemption Status of the Elevated Palmetto/Building #4, City of Naples Bulldil~ Permit #1385, DNR File #EXM CO-0039. Referred to Nell Dorrtll, Bill Lorenz, and filed. Copy of letter dated 08/18/89 to 3ohn Remington from Kirby B. Green III Director, Division of Beaches and Shores DNR, re Exemption Status of the Elevated Scotch Bennett/Building #3, City of Naples Building Permit #1385, DNR File #EXM CO-0040. Referred to Nei] Dorrill, Bi]] Lorenz, and filed. Copy of letter dated 08/18/89 to 3ohn Remington from Kirby B. Green III Director, Division of Beaches and Shores DNR, re Exemption Status of the Elevated Jewel Box/Building #5, City of Naples Building Permit #1385, DNR File #EXM CO-O041. Referred to Neil Dorrill0 Bill Lorenz, and filed. Copy of letter dated 08/18/89 to 3ohn Remington from Kirby B. Green III Director, Division of Beaches and Shores DNR, re Exemption Status of the Elevated Poinsetta/Building #9, City of Naples Building Permit #1385, DNR File #EXM C0-0027. Referred to Nell Dorri]], Bill Lorenz, and filed. Copy of certified letter dated 08/22/89 to Mr. Robert A. Crawford, P.E., President, Suboceanic Consultants, Inc., from Mr. Tony D. McNeal, Engineer, Bureau of Coastal Engineering and Regulations, DNR, re Approval of Governor and Cabinet Permit: DBS 89-237 CO Permittee's Name: City of Naples· Filed. Letter dated 08/25/89 from C. Fred Jones, Dean of the Florida House of Representatives Chairman, re questionnaire mailed on the County's local transportation needs. Enclosure: Information Sheet, Transportation Needs Survey Chart. Referred to Nell Dorri]l, George Archibald, and Filed. 10. 08/29/89 Report on Salaries of County Constitutional Officers, County Fiscal Year ~989-90, prepared by Florida Advisory Council on Intergovernmental Relations. Referred to Loft Zalka, 3ohn ¥onkosky, and Filed. 11. Minutes received and flied: A. 09/13/89 Agenda for Collier County Water Management Advisory Board. Page 35 SEPTEMBER §, 1989 12. 13. 14. 15. 16. 17. 18. 19. 20. 22. B. 08/10/89 Minutes for the Coil/er County Fire Consolidation Study Group. C. 07/21/89 Minutes of Golden Gate Estates Adv]sory Committee Meeting. D. 08/09/89 Minutes for Marco Island Beautification Advisory C~3mmittee. E. 08/28/89 Minutes for Collier County Homeless Advisory Committee. Letter dated 08,'17/89 to Property Owner, from Missy McKim, Community Development Director, City of Naples, re public hearing for variance filed by City of Naples Airport Authority. Referred to Nell Dorrll.[, Frank Brutt, .%nd Filed. 08/22/89 Notice to Owner from Richard Electric Supply, Inc., advising that they have provided electrical materials for the Collier County Government Building Addition. Referred to Nell Dorrlll, Skip Camp, and Filed. 08/24/89 Notice to Owner from Quality Engineered Products Co., Inc., advisinG that ~hey provided 33 hollow metal doors, and 232 hollow metal frames, 37 specials, 23 view w~ndows for the Collier County Courthouse. Referred to Skip Camp and Filed. Copy of 08/23/89 Notice of Intent to Rely of Bond to Wallace-Wllks Construction Co. from Universal Concrete Products Corporation of Florida. Copies furnished to Board of County Commissioners. Referred to Skip Camp, and Filed. 08/23/89 Request for Copy of Payment Bond, and Notice to Owner from Graybar Electric Co., Inc., advising that they have furnished supplies for the Collier County Building K Chiller Pl~,nt. Referred to Skip Camp and Filed. 08/22/89 Not~ce to Owner from Suncoast Steel Corporation, advising that they have furnished reinforcing steel and related items for Fleischman Park. Referred to Skip Camp and Filed. 08/22/89 Not]ce to Owner from Allen Concrete Masonry, Inc., advising that they have provided labor to place and finish concrete, and pump operator for the North County Regional Waste Water Treatment Plant. Referred to Skip Camp, Nell Dorrill, and flied. 08/22/89 Notice to Owner from Brinker Brown Fastnet & Supply, advisinG that they have prov)ded various building materials and supplies for the North County Regional Waste Water Treatment Plant. Referred to Neil Dorrtll, Skip Camp, and Filed. Letter dated O8/'18/89 from James P. Ward, Assistant District Manager, Pelican Bay Improvement District, re the Dtstrlct periodic review of rates, fees, and charges. Referred to BCC, Response letter from Commissioner Saunders also attached. Filed. 08/23/89 letter from Attorney Donald A. Pickworth, Asbell, Hains, Doyle & Pfckworth, P.A., to the Board of County Commissioners, re Wiggins Pass Club with atta~ments. Referred to Neil Dorrtll, Ken Cuyler, and Filed. 08/22/89 certified letter from Gereld G. Lott, P.E., District Traffic Operations Engineer, FDOT, to Commissioner Saunders re Notification of Changes in Traffic Regulations. Did not refer as copy had been mailed to George Archibald. Filed. Page 36 23. 08/09/89 letter from William R. Treffz, District Secretary, FDOT, to Commissioner Saunders re Work Program Development/SB 1474, Referred to BCC and Filed. 24. 08/21/89 Second District Court of Appeals in Lakeland, Florida, re Lee and Plnellas Counties Notice to Join am Party to invoke discretionary Jurisdiction of the Supreme Court. R~ferred to Ken Cuyler and Filed. 25. 08/23/89 Twentieth Judicial Circuit in and for Collier County, Florida, Notice for Trial Case No. 88-2173-CA-O1-HDH, Tactmark, Ltd., Plaintiff, vs. Terrence L. Fitzgerald, et al. Filed. 26. 08/21/89 Letter from William Francis Sullivan, P.A., ko Clerk of the Board of County Commissioners, re Notice Purs'aant to Florida Statute ?68.28 (6) (a), re Oscar Reyes Nahera, Motor Vehicle Accident, Accident Report: 097267736. Referred to Ken Cuyler, Leo Ochs, and Filed. 27. Appeal from the District Court of Appeal Second District of Florida, A 3urtsdictional Brief of Appellant Charlotte County, for Charles H. Webb, Assistant County Attorney, re: Order on the Prosecution Criminal App,~als by The Tenth 3udictal Circuit Public Defender. Re~erred to Ken Cuyler, and Filed. There being no further business for the Good of the County, the meeting was adjourned by Order of the Chair - Time: 1:00 P.M. BOARD OF COUNTY COMMISSIONERS/ BOARD OF ZONING APPEALS/EX OFFICIO GOVERNINO BOARD[S) OF SPECIAL DISTRICTS UNDER ITS CONTROL BURT L. SAUNDERS, CHAIRMAN ATTEST.~ 'ff~ ~'0 ~ ~ ..' . / / b as preTe~%ed_ .,...' or as corrected Page 37