BCC Minutes 05/05/1989 R
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Naples, Florida, May 2, 1989
LET IT BE REMEMBERED, that the Board ot County Commissioners in
and tor the County ot Collier, and also acting as the Board ot Zoning
Appeals and as the governing board(s) ot 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 RKGULAA SKSSIO. in Building
"FIt ot the Government Complex, East Naples, Florida, with the
tollowing members present:
CHAIRMAN: Burt L. Saunders
VICE-CHAIRMAN: Max A. Hasse, Jr.
Richard S. Shanahan
Michael J. Volpe
Anne Goodnight
ALSO PRESENT: James C. Giles, Clerk; John Yonkosky, Finance
Director; Annaliese Kratt, Ellie Hottman, Maureen Kenyon. Deputy
Clerks; Neil Dorrill, County Manager; Ron McLemore, Assistant County
Manager; Tom Olliff, Assistant to the County Manager; Ken Cuyler.
County Attorney; Michael Arnold, Utilities Administrator; George
Archibald, Transportation Services Administrator; James Reardon,
Emergency Services Administrator; Kevin O'Donnell. Public Services
Administrator; Martha Skinner, Social Services Director; Leo Ochs,
Admini8trative Service Administrator; Nina Neal. Administrative
Assistant to the Community Development Administrator; Nancy Israelson,
Administrative Assistant to the Board; and Deputy Sam Bass. SherHt I s
Department.
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MAY 2, 1989
h¡M.l
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MDD& APl'ItOVI.Þ WIn CJIAJI.JKS
c-J._iooer ltum-".n 8OV84, .econded by Co..i..ioner Volpe 8Dd
carried 1ID8Di8O1l81y, that the 8g8Dda be approved wi tb the tollOfflng
c"~88.1
a. It- 1(0)(2) - DI.CU88ion of Contract for Lan4fill 0811 LiD8r
. --À ar Two. Added.
at. It- 1(8)(D) - DI.cus.ion of Contract Teraination tor the
Pablic ...ltb and Service. Building. Added.
c. It- 14(Ki(l) - aecO888ndatlon to Obtain Blanket Approval for
Future Purcbaa. Agr....nt. on tho.. Lan4. Conve~-4 to
Collier County by Avatar Propertie., Inc. ( Agr8888n t da t ed
JIoveIIb8 r 1 ð , aU). Deleted.
d. It- 14(A) (1) - ft.cO888Ddatlon that tbe Board ot County
Co..i..ioner. approve Budget A88ndaent for the Pocket of
Poverty Grant. Moved to if ( A) ( 2)
It_..
MIIfUTa or APRIL 11, au - APPROVED AS PUSKJf'nD
C~..icmer SheD-hen 8OV8d, .econded by CO..i88ioner Goodnight
and carried 1IDani8O1l81y, that tb. ainute. of April 11, au be
...... .,,-4 - Pl'88ented.
It- .-&
IIIPLIn'D IIDVIC8 MWtDS - PUSD'BD
Commissioner Saunders presented an Employee Service Award to David
Gigee, Road and Bridge, tor 10 years of service.
It- ft-
a.u.. LAIt8O8 UO<>ftIDD AS DCPLOYD or m Main'll rolt MAY. 18..
Coaaissioner Saunders reco~nized Elaine Larson as Employee of the
Month for May, 1989 and presented her with a plaque and cash award.
He congratulated Ms. Larson for her valuable contributions to the
County through her work in the Social Services Department.
It_~
PItOCt.aII&!'IOJr DaI8IIAn.o KAY, ale AS .OLODS .umJtlCAn Ma~.
Commissioner Hasse read a procl..ation, designating the Month ot
May, 1989 as "Older Americans Month" and presented same to Egon Hill,
a supporter ot programs related to sonior citizens. Mr. HUI COm-
(p
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MAY 2, 1989
..nded the Board of County Commissioners tor being susceptible to the
needs of older Americans.
C~-I0D8r ..... 8OV84, 88Con4ed by C088i...1onar .h-ft.8~n 8Dd
carr ied 1ID8I118OQ81 y, that the Procl...Uon be adopted.
Î
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MAY 2, 11..
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PItOCLIM!'I08 DK818IL\TIJIO 'l'D IRU or MAY 7 - 13, 1881 AS ... eJID TO
UtMU.8 ....
Commissioner Shanahan read a procll..'..aation, designating the week ot
May 7 - 13, 1989 as "Be Kind to Animals Week" and presented same to
Me. Jordan. Mr. Jim McGrath thanked the Board ot County Commissioner.
and noted that the Humane Society it tunded by participation by
restaurants, banks and the community. He pointed out one ot the func-
tion. of the Humane Society is to spay and neuter animals at an attor-
dable rate and thanked everyone tor their donations.
Co8aJ..10D8r Shan-hen 8OV8d, seconded by Co..i..iooer ...- and
carried 1m8Z118O1181y, that tha Proclaaation be adopted.
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P8goa ,
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MAY 2, n..
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P1tOCLA8IATIO8I D88IØA'RJ) MAY ., 1'" A8 -Jt&8nC1' J'OIt 101M MD1t-
Commissioner Volpe read a proclamation, designating the week or
May 8, 1989 as "Respect for Law Week" and presented same to Mr. Bernie
Farthey.
ec-.1_i0D8r V.lpe 8OV84, 88C onð8d by C 08818. loner ..... and
carr 1ed 1IDaa.t....l y, that the Procl...Uon be adopted.
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NAY 2, 1181
It- ...1
Jt8C(J .1 --'nOlI TO PItOVIDK DIUCTIOJr It.KOAJtDIJIQ AtTD080. COUJr'1'ftY CLOII
rafCS AD A880CU!'D P. U . D. """""T - COIITIJIUKD !'O KAY ., 11..
ALLOWI1I8 AUW,,* CO\J..\'IU CLOII TIKI TO ULOCATI rucK
Assistant to the County Manager Ollitf stated that this item
is a recommendation for the Board to provide some direction for a pre-
viously discussed item regarding a tence at the northern portion ot
the Audubon Country Club PUD. He noted that this item w~s previously
discueeed in conjunction with a utility line that was run through a 40
foot easement in the north portion of the Audubon Country Club. He
indicated that the Boar~ direction at that time is attached to the
Executive Summary and while a good deal ot discussion occurred rela-
tive to the location ot the wall/fence, as outlined in the Development
Order language, no motion was taken tor resolution ot that issue. He
explained that PUD Amendment language or some Development Order
language change was required to move that fence, and the Audubon deve-
loper has now had surveyors on site surveying property lines in the
Northern portion of his project, causing citizen concern.
Commissioner Hasse questioned whether it is a tence or a wall?
Mr. Ollitt responded that the langu~~e in the Development Order is
fence or wall and unless that language changes the developer has the
option to do either. Commissioner Volpe stated that he had a copy ot
the portion ot the PUD and thought it was reterence to a tence. Mr.
Ollitt replied that the developer has agreed to a tence; the issue is
the location ot the fence. Commissioner Hasse noted that Commissioner
Saunders aade a motion stating it would be a tenc~ at the December 20,
1988 meeting.
Commissioner Volpe asked Mr. Ollift where the tence will be
located under the current PUD, to which Mr. Ollitt replied "1ð feet
south ot the property line which borders between the Audubon Country
Club and the Bonita Shores Development". Commissioner Volpe asked it
that was within the 45 foot bufter area? Mr. Ollitt atfirmed that 1t
was.
Commissioner Saunders inquired it any more space within the butter
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MAY 2, 1989
existed tor the tence or would putting the tence at the III toot point
require reaoval of .ore vegetation? Mr. Ollift replied that there
are other place. tor the tence to be located. He mentioned one is a
tree-tlo~ing tence maneuvered through trees to eliminate tree
clearing while another place would be ~ cleared utility easement.
Commisoioner Volpe asked what the purpose of the tence is? Mr.
Ollitt replied that the Audubon Country Club PUD is a secured, closed
community. Commissioner Hasse requested an aerial photo and
Commissioner Saunders noted that someone trom the audience may have
one.
Mr. Richard Grant, Attorney representing the Audubon Joint Venture,
stated Comai.sioner Saunders' action at the December 20, 1988 meeting
required a chain link fence painted green located 15 feet South ot the
property. He noted that no rendering or designs to show graphically
what the tence will look like exist. He indicated he had a sketch
overlaying the top ot an aerial superimposing the location of the
property line as it abuts to the Bonita Shores subdivision, the
butter, and the proposed roadway and easement. He also displayed
an aerial superimposed with the property line and the location of the
road. He indicated another drawing illustrates some of the Bonita
Shores residents have improved their backyards with land owned by the
Audubon Joint Venture. He stated that a tence located on the property
line or 15 t~et back aay be in areas that are grass, not wooded. but
his client desires to locate the tence 15 teet south ot the property.
Commissioner Volpe indicated that there should have been a .5 foot
natural butter between the road and the northern property line ot
Audubon, but an engineering requirement regarding installation ot the
water line aade it necessary to violate the natural butter by 7-1/2
teet; thus reducing the butter. He noted the placing ot the tence
will require additional natural vegetation removal. Mr. Grant replied
that the clearing ot vegetation to put in the County water line
created the open space, but a plan to revegetate should address that
concern. He ::,-:~çated he è.id not understand the change tor posi-
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MAY 2, 1989
tioning the fence, and Commissioner Volpe explained placing the fence
where originally proposed will result in further reduction ot the
natural butter.
Commi~sioner Volpe asked Mr. Grant it his client would locate the
fence on the northerly side ot the County's easement where no further
clearing would be required? Mr. Grant indicated his client would not.
He emphasized Audubon wants the fence constructed 15 feet south of the
northern property line, because it is part of the Audubon property; a
larger portion ot the property would have to be tenced out making it
.ore ditficult to maint~in, and residents living north would have the
benetit ot using the property. He expressed willingness to layout
the fence in a manner avoiding the necessity ot more vegetation remo-
val where possible and noted discussions with Mr. Ollitt regarding
same.
Commissioner Volpe noted that the property cannot be used ~or any
purpose by Audubon, it is a natural butter to be lett in its natural
state and Audubon is not being deprived of using the property. He
pointed out the purpose ot the fence is tor security, not for the golf
course, and maintaining the 45 toot butter is essential because the
property cannot be used. Mr. Grant noted Audubon will lose the abi-
lity to control their property, and philosophically, it is their pro-
perty and since they have to maintain it they want it fenced in.
Commissioner Saunders asked County Attorney Cuyler if any obliga-
tions exist to permit the construction of the fence on the buffer?
Mr. Cuyler responded that the minutes indicate the developer will be
germitted to construct a chain link tence and the record do~s indicate
a green chain link tence 15 teet from their property line.
Commissioner Saunders asked it the Commission could begin a PUD
AIIendment to elminate that provision? Mr. Cuyler said they can begin
the process, but compelling reasons must exist in order to change a
development right granted to the developer. He noted that he would
have to research the issue turther to give a qualitied answer.
Commissioner Volpe stated a clarification, rather than an Amendment to
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MAY 2. 1989
the PUD, might be sutticient. He reterred to the transcript ot the
hearing held on October 6, 1987 wherein the developer's representative
indicated the fence will move with the easement. He stated interpre-
tation may be the question, rather than the action in the PUD taken by
the Commission at that time. Commissioner Saunders reterred to the
same minutes retlecting Mr. Varnadoe's statement, "that the fence will
be located at least HI teet from the property" and noted a willingness
to consider other tactors in locating the fence. He agreed with
Commissioner Volpe that claritication ot this may require a PUD amend-
ment.
Commissioner Hasse asked Mr. Grant it he had a problem with Mr.
Varnadoe's statement? Mr. Grant replied that he had spoken to Mr.
Varnadoe, listened to the transcript, read the transcript and the
phrasing ie contusing. He answered that his client's understanding
indicates the tence is permitted at or about 15 teet back trom the
property line. Coaaissioner Volpe asked Mr. Grant it he had walked
that property and pointed out that removal ot the existing natural
boundary, including scrub oaks, and a large amount ot the vegetation
would occur where the stakes are pla~ed. Mr. Grant responded he had
walked the property and noted the developer's willingness to move the
fence around the vegetation.
Commissioner Saunders questioned if Audubon had a tree removal
permit for the butter area? Mr. Ollift stated he assumed a construc-
tion project had a tree removal permit. Commissioner Saunders asked
Mr. Ollitt to tind out the status of the tree removal permit.
Commissioner Goodnight pointed out that in 1987 her understanding was
that the butter would stay and the tence would be located on the
northern side ot the County utility line. Commissioner Saunders con-
curred it was also his understanding. The tollowing persons spoke in
opposition to the fence location.
Reverend D. W. Dawson (with letter dated February 26, 1989 trom
residents ot Bonita Shores) (Exblblt D)
..... Ilater (pbotoe - Exblblt. A, 8 and C)
Robert C. Schwartz
Joan M. Schwartz
Walter Abraaitis
Max BroNn
Jl.,
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MAY 2, 1~89
Paul Orzcech
Don Siegel
Emily Maggio (with letter dated March 2, 1989 troll Bonita Shores
and Little Hickory Shores Improvement Association) (bblblt R)
All 8Xhlbit. on file in otfic. of Clerk ot the 8oard.
The following reasons of opposition were expressed: some
homeowners would have a road in both their front and back yard, the
natural butter should remain, there is no encroachment on Audubon'e
property, natural vegetation that provides privacy and undergrowth tor
anillals to live will be destroyed, recorded, pre-established sub-
divisions should be preserved, the fence sho~ld be moved back into
the County easement to preserve the integrity at people's holies.
Coamissioner Hasse ~3ked Mr. Cuyler for the status of Ordjnance
82-48 stating no tence will be constructed between Audubon Country
Club and Bonita Shores. Mr. Cuyler stated that he believes it was
repealed by Ordinance 81-11, the present Audubon PUD. Mr. Dawøon
stated he had the tapes of that meeting if the Board ot County
Commissioners wished to listen.
Mr. Grant stated he understood the concerns of the residents and
the Board ot County Commissioners and his client is willing to design
the tence in such a way as to preserve natural vegetation.
Commissioner Hasøe suggested thi~ matter be continued and the
developer work with the people in the neighborhood to resolve this.
Mr. Dawson and Ms. Renee Slater indicated the vegetation cannot be
saved, and requested the tence move with the easement and the PUD be
corrected to reflect that.
Commissioner Volpe pointed out that manipulating the fence through
the natural vegetation would be expensive, and that fence can be easily
:ocated along the northern boundary of the County's easement. Mr.
Gr&nt stated 31 1/2 feet ot their property will be tenced out and
encroachment is evident in that area. Commissioner Saunders asked Mr.
Grant tor proot ot the encroachment, intormed Mr. Grant that a sketch
is not proof and suggested Mr. Grant not raise the issue without
proof.
Commissioner Volpe suggested use at an unobtrusjve sign signifying
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property rights of Audubon. Commissioner Saunders concluded the Board
has to be involved in solving this problem because there is a direct
conflict in the interest ot the developer and the interest of the
hoaeowner. He pointed out the best interest of the developer is to
put the tence on his property line and that is in contlict with the
homeowners. Commissioner Goodnight said that she walked through the
area on Monday and described the area. She noted some cactus and a
utility shed on the property line and questioned the property owner
about it. She indicated the property owner was willing to move the
shed. She summarized by noting the tence should be put along the
easeaent, no one should be allowed to use that butter area and there
is to be no negotiation.
h¡M n
Commissioner Saunders agreed. He stated the PUD document clearly
per.its the fence, but does not specify whether it shou 1 d be 15 feet
south ot the property line or, at least 15 feet from the property
boundary as Mr. Varnadoe indicated. He advised a PUD Amendment is
needed to change the location prohibiting the developer from
constructing this fence. He indicated a message to the developer
is needed regarding the action the Board ot County Commissioners "ill
take to protect the neighborhood. Mr. Cuyler advised that a public
hearing and consideration ot a PUD amendment is necessary based on a
clarification ot the record. He also stated a transcript of the tape
would be necessary to resolve conflicts in the language. He suggested
Mr. Grant has certain directions trom his client and the Board may
want to continue this matter for 2 weeks betore Staff is directed to
start the PUD Amendment.
Commissioner Volpe questioned it the developer agreed to locate
the tence on the northerly side ot the easement, would that be sut-
ficient? Mr. Cuyler responded there was a way to clarity the
record between the developer and the Board. Commissioner Saunders
suggested indicat~ng the Commission's desire to aaend the PUD which
would encourage the developer to resolve the tence issue.
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MAY 2, 1989
Co..1ss1oner Saunders suggested putting the developer on notice, and
Mr. Cuyler indicated the permit necessary tor tree clearing is the one
torm ot control. Commissioner Volpe suggested having Hr. Grant ask
his client to agree to relocate the chain link fence on the northerly
boundary ot the existing easement. and advised Mr. Grant to speak with
Mr. Cuyler in a tew days. He adv ised Mr. Grant to see if his client
is willing to relocate the tence betore the Board ot County
Commissioners gives Staff direction to amend the PUD. Commissioner
Saunders suggested a one week time period in which to work out the
problem with the tence.
c-t_loaer Volpe 8DV8d, 8eCcmdec1 by C088I..1oner CJoodD1gbt 8Dd
carried ,.-i....ly, to ccmt1Jm8 thi. _tter tor one week 8D4 allow
the ..".løper to locate the t8l1C8 on the DOrtherly .ide of the ....-
88Dt.
.......ca-: 10:60 A.M. - lteconvened: 11:00 A.M. at wblcb tl-
Dep8ty Clerk 80ffaan replaced Deputy Clerk Kraft.....
It- M2
DUJ)(Ø1' "'-._IIII'X I'OJt 'f1U: POCDT or POVDTT 01lIJIT - APPItOvlW. STAR
'!O oa8 u.cx WID D~tIA!'Ion U ADDI'1'IO.AL I'1J1IDS W'OIt 'fD COLLID
COOftY JIOVSIJIIII AU'!'IIOftI'l'Y
Commissioner Goodnight stated thnt she requested that this item be
moved from the consent agenda to the regular agenda. She indicated
that there are tour approved sponsors, noting that the Coll ier
County Concerned Citizens, Inc. will be receiving $141,710 for
intrastructure. She stated that there is also a Community Development
Block Grant that will be used tor infrastructure, and suggested that
Start review this to see it some of their costs could b. cut, to
enable the Housing Authority to receive the entire $90,000 that they
have requested. rather than the $08,280 that will be allocated to
the.. She noted thr.t this will be a good indication that the Board of
County Co..issioners is supportive ot Atfordable Housing in Collier
County.
ec-.1_1oaer 800c!night 8OV8d, .econded by C08III1..loner .h~bc'I
8D4 carried 1ID..t~ly, to 8;7Pr0'V8 the 8uðget .&88Dd88D.t for the
¡q
P8g8 11
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MY 2, 1111
~t .t ..-..rq 8rant, and that Staft be dlrect84 to pI"O'V1- re<:0It-
88Dda~18:a8 for ~ Co111er ccnmty Bcm81Dg Authority to recel". the
811,'111.
It_...1
-'I'D AYAIIoA8u.ITT /PltDSVU COJK¡ad6 o. ICI.ftCO ISLAJID - cuu.n IlUlAGD
1'0 nu 0GIIIP'LAXIft WID APPItOnun ACmJICT: AD UPLOU AD IJrITUn
1ICJaA'fC8ß8I AIUIA8 JrOIt I'OTOItK PUJlLIC DAltIW: "An' 1'0 P1tOVID8 UPOIn' 08
AD'lAll!'MD/DISADVAJn'AOKS or UQULA!'I1IU .roKISDIC'rIO8 o~ I'1UVA'nLY CMIIKD
O"fILnxa AlII) 'r1Ø POLICIES AJfD OB.nC'TIVKS O~ 'fD 0Jt0WrJI MAJlAOa...uu
PLA8 as ~'ITIO. or PRIVATE O"fILITIKS - APPROVED
Utilities Administrator Arnold stated that on April 18. 1989.
Staff was direct~d to prepare a report on water availability/pressure
concerns on Marco Island, and that an investigation be conducted
relating to the validity of the complaints due to these problems. He
indicated that Marco Island Utilities, Inc. cooperated with Statt by
providing data tor this investigation.
Mr. Arnold advised that Marco Island Utilities, Inc., provides
service to Marco Island pursuant to a Water Certiticate granted by the
Florida Public Service Commission (PSC). He noted that prior to 1985,
the County issued franchises for service, but decided it was not in
the County's best interest to be in the business of regulating
Utilities. and its jurisdiction was released to the PSC. He advised
that Marco Utilities applied tor a Certiticate and was issued same in
February, 1987.
With regard to the specitic directives of the Commission, Mr.
Arnold noted the following:
1. Detera1ne the current pre88Ur8. and .torage vol~ tor early
8Orn1D4l and 8V8I11ng peak daaand perloda.
Mr. Arnold advised that Statf installed three recording devices to
record water pressures on a 24-hour basis. He noted that a meeting
was held with Marco Island Utilities and the Marco Island Fire Control
District to determine the placement ot the monitoring devices which
were installed at the southern, northwestern and southeastern portions
ot the Island. He noted that the monitoring began on Friday, April
21, at 6:00 P.M., and concluded on Tuesday. April 25. at 3:00 P.M..
He noted that the pressure readings indicate that there are .igniti-
).()
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MAY 2, 1989
cant reductions in pressure in the early morning hours, particularly
on the days that are designated for Phase II watering periods on the
Island. He stated that there was not a significant drop in pressure
on days that were not designated as irrigation days. He advised that
pressures did drop as low as 25 psi, which is 5 psi above the state
.andated minimum ot 20 psi. He noted that as a tollow-up, devices
were installed again this past weekend since the Utility advised that
they had a new pump which would be on line after the initial report
was pertormed. He stated that there was no dramatic improve..nt in
the pressure, adding that the pressure did in fact drop below the
mini.u. 20 psi during the morning peak period.
Mr. Arnold indicated that even though the initial report shows
that the pressure did not drop below the mandated level, the
co.plaints that have been received are not without substance. He
noted that there can be a loss ot up to 10 psi through a water meter.
He further noted that some ot the highrises on Marco that are
reporting pressure problems do not have pressure pumps of their own,
and these are needed to boost the pressure to the upper floors. He
stated that many ot the recorded problems are similar to those which
have been experi~nced in the North Naples area which is also under
Phase II restrictions. He noted that this leads to the conclusion
that the difficulty stems from the water restrictions which require
the Utilities to reduce the pressure to 45 psi at the meter.
With regard to storage. Mr. Arnold stated that the Marco System
has a capacity ot 6.5 million gallons, which is about 90' Qt their
pumping ability, and he feels that the storage is more than adequate.
Co..issioner Shanahan indicated that people on Marco Island are
still experiencing an inability to water their lawns, flush their
toilets, and a variety ot other things in conjunction with the
pressure problems, and he teels that there are operational problems
that have not been identitied. He noted that he teels that an inde-
pendent study of the pressure and a report should be provided as to
what the real facts are.
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MAY 2, 1989
2. D8t8Ir8.i88 the pabl1c eatety Il1p8Ct ot pr...ure abortagetl on
ÜI8 .1re D8part8eDt'. ab1l1ty to tight tirtttt.
Mr. Arnold etated that the Emergency Services Administrator has
met with the Fire Chief trom the Marco Island Fire District and the
consensus is that the District feels that they have adequate preftsure
or adequate contingency plans in place to backup their ability to
fight tires. He noted that some ot the contingencies are: the Fire
Department can notity the Utility to request an immediate boost in the
pressure to enhance their ability to tight a tire it there is a
major event; water can be drawn trom canals on the Island; water
tankers could be used from supporting tire departments or the Mosquito
Control District to transfer water to the site ot the tire.
With regard to highrises, Mr. Arnold advised that most ot those
buildings on Marco are sprinkled and are augmented by tire boost pumps
to pressurize the sprinklers.
Mr. Arnold indicated that in summary, the Fire District feels that
although conditions are not ideal, they can respond and handle all but
the most extraordinary fire.
In answer to Commissioner Hasse, Mr. Arnold advised that during
the hours or 4:00 A.M. and 8:00 A.M. the lowest pressures were
recorded at 25 psi tor about an hour.
3. Prep8re aD Interi. ~rt on the Ccnmty/DeltODa J>:Iint 8ulk
~ ADalY81. and 8dvl- on the ex¡MI<:ted cOIIplet1oc of a
tiDal ~r1:.
Mr. Arnold reported that in June, 1988, Deltona Utilities, Inc.
requested that the County look into the possibility ot providing
potable water to Marco Island. and an agreement was negotiateù tor the
County and Deltona to jointly tund an engineering study, limited to
$50,000, which would determine the feasibility to provide water to
the Island. He advit;.¡ed that in January. 1989, Hole Montes and
Associates, in association with James M. Montgomery, Inc., was
selected as the consultants. and they were authorized to proceed. He
stated that the study is currently tocusing on identitying a water
source and an associated treatment process, noting that the alter-
p~
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MAY 2, 1989
natives being considered range trom providing additional water supply
from the County's Regional Water Treatment Plant and Golden Gate
Welltields to an additional well on Marco Island using the reverse
osmosis treataent process. He noted that Staff has requested th&t the
consultant expedite the study, and they expect to have the dratt
available in early June.
In addition, Mr. Arnold noted that a Supplemental Agreement, which
is currently under review by the County Attorney's Ottice, has been
prepared whereby, the County will provide 1 million gallons of water
per day to Marco. He indicated that this agreement should be
approached with caution since the County has other problems on the
aainland.
Commissioner Shanahan stated that the tact that there is a County-
wide problem needs to be addressed. He noted that the agreement for
the 1 8illion gallons ot water per day can indicate that this will be
provided when available, but he feels that since Deltona 18 willing to
pay the aarket price for this service, the County should expediently
get on with it.
Co..issioner Hasse questioned whether the 1 million gallons per
day would put a strain on the County's system? Mr. Arnold replied
negatively, noting that "the season" is tapering ott, and the County
can provide the additional water at this time, but noted that Statf
does have concerns that there are capacity commitments in the County
that must be met, and they should not be jeopardized.
Commissioner Volpe stated that he wants to be assured that the
County does have sutticient capacity in its system to sell the bulk
water to the private utility. He indicated that he cannot see the
urgency to move forward on the agreement to provide the additional
water to Marco at this time since the season in over and the popula-
tion on Marco decreases from 25,000 during season to 9,000. He noted
that there are problems in North Naples and Golden Gate, and he does
not believe that other areas of the County should be jeopardized.
Commissioner Shanahan indicated that the situation on Marco is one
~5
Page 16
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MAY 2, 1989
that does not change, adding that the residents can not understand why
there is no water pressure Ðince 16,000 people have left the Island.
He added that these problems continue on through the spring and
su_er, and he feels that the County has a responsibility to the
people on Marco.
~. Det:81'IÛD8 aDd report: the ext:en1: to whicb the Pablic 8erYice
c-1_iCIID 1. 8MrtI of 1:he _rvice pr...ure probl- CIID Marco
IalaDd aDd advl.. bow CU8t~n ..., l'89iater thelr conctIrn8
to ge1: actlon froa Tallabaa....
Mr. Arnold advised that the PSC is aware of the situation since
they have received many complaints directly. He noted that the
Utility is required to provide the PSC with monthly reports of any and
all co.plaints. He sta'.ed that the PSC has advised that they will be
dispatching an engineer, Ms. Mary LeBlatt, to monitor the pressure
proble.s on May 18, 1989.
Mr. Arnold indicated that the PSC is responsible tor the quality
ot service on Marco Island, but their primary control is the rate-
making process and they can direct the utility to initiate improve-
mente. He noted that in extreme cases, the PSC can impose a mora-
torium on new connections to the system until improvements are made.
and it there is an issue ot non-compliance by the utility, they can
impose fines. He stated that the rcqulatory companion to the PSC is
the DER whose concerns are the health and satety aspects. He indi-
cated that they are the agency that looks at the minimum pressure, and
any items that .ay jeopardize the ability to tight ti res. He advised
that DER's control is via the issuance of permits on the Island.
Mr. Arnold stated that the PSC's awareness ot the problems has
been heightened due to the tact that there has been press coverage
relating to the past takeover of all Deltona Utilities in Florida by
the Topeka Group, Inc. He noted that Topeka has tiled a request with
the PSC that they be granted operational ^nd organization control ot
Deltona's utilities. He stated that they have a purchase option
available which runs to November 1, 1989.
With regard to recording further complaints to the PSC, Mr. Arnold
)¥
Page 11
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MAY 2, 1989
advised that this aay be accomplished by directing same to the
Department of Consumer Attairs at 1-800-3.2-3552.
Mr. Arnold called attention to Page 10 ot his report which lists
iaprovements that Marco Island Utilities has initiated within the past
year. He noted that tour ot the improvements refer to pumping and
pressure capabilities.
Mr. Arnold stated that an Engineering Report on this Systea was
generated in 1985 when the County was contemplating the purchase of
the Utility. He noted that further data was collected in 1986 as part
ot the Growth Management Plan. He indicated that conditions today is
that Deltona is operating a 10 MGD rated treatment tacility on Marco,
and they can pump additional water on a short term basis. He noted
that the limiting tactor is the raw water source. He stated that the
current demand is 7 MGD, and there have been peak demands ot 11-12 MGD
which has strained thß utility's capacity. He noted that Start feels
that the pressure drops coincide with the morning peak hours and the
Phase II water restriction hours.
Mr. Arnold indicated that there have been discussions on the
Island by one of the Taxpayers Assoclation which suggested that the
Water Management District stagger the water hours. He stated that
there has been an extremely high per capita consumption on the island.
He reported that it is currently estimated that the population on the
island is 15,000 at present, and 7 million gallons of water per day
are being pumped to those consumers, adding that this translates to
.00-500 gallons per day per person. He stated that questions have
oeen raised as to whether there is a loss or leak in the system, but
he indicated that he cannot respond to this. He indicated that the
utility does report its losses to the PSC, and their audit last year
retlects a 5' loss. He advised that the usage on the island is
currently .00 gallons per day, per capita in comparison to the
mainland's usage ot 120-130 gallons per day, per capita. He noted
that the City ot Naples usag~ is 200-300 gallons per day, per capita.
Mr. Arnold advised that obvious recommendations are to look at and
/
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Page 18
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MAY 2, 1989
confir. the consu.ption on the island due to irrigation. He noted
that 8uggestions .ight also be made to the Water Management District
regarding the hours tor irrigation which reflects the pressure
problems during the early morning hours. He turther recommended that
the County proceed with all due speed to resolve the two agreements:
the County/Deltona Joint Study, and the interim 1 MOD Agreement. He
suggested that turther action that can be taken is that the County
8upport the Topeka acquisition of Deltona, it prudent. He noted that
further lobbying on a tormal basis can also be considered tor the PSC
to initiate an investigation.
Mr. Milton Leonard, President, Marco Island Civic Association,
Inc. 8ubmitted a letter dated May 2, 1989, which takes exception to
the report of the Collier County Utilities Division as described in
the Marco Island Eagle on April 30, 1989. He stated that Marco has
100 condo buildings with varying occupancy rates, 1,.50 hotel rooms,
and 3,000 slngle-tamily homes, noting that the combination of the
hotel rooms and the condos nearly equals the population of the
homeowners. He indicated that his Association believes that the
nature of Marco Island's development resulted in a higher number of
irrigated lawns per capita than is the case in Collier County Water
System territory. He suggested that all condo buildings be restricted
to irrigation on Monday's and Friday's trom .:00 A.M. until 8: 00 A. M.,
and then a comparison ot consumption on the seven days of the week
will give valid data as to who are the water users. He indicated that
it there was a larger supply ot raw water, i. e., a reverse osmosis
system, chloride intrusion would not result in water restrictions. He
noted that the MICA sent a request to SFWMD in January, 1989,
requesting that water irrigation times be revised, but this request
has been rejected. íie indicated that the Association is suggesting
that the County expedite the sale ot water to Deltona; that SFWMD
revise the times tor irrigating condominium lawns; that SFWMD revise
the times tor irrig~ting single dwelling lawns along the lines
suggested in their letter of January, 10, 1989; and that the PSC
Page 19 {)V
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MAY 2, 1989
obtain tull compliance with tranchise responsibilities at all times.
He stated that the meetings that have been held with regard to the
water problems on Marco have b~en well attended and there was an
exchange ot information. He noted that he is pleased to hear that the
County is moving ~long with the agreement relating to the sale ot 1
MOD, and also that a long-range study will take care of situations
down the road. He stated that the Association has written a letter
to Mr. McDonald, President of the Topeka Group, outlining the history
ot the problems, and providing suggestions tor sallie.
Mrs. Charlotte Westman, representing the League of Women Voters of
Collier County, stated that those people that are tamiliar with the
Marco System know that it leaks. reiterating comments made at a prior
meeting regarding her personal past experience with shells and sand in
her sprinkler system and kitchen taucets. She indicated that the
water meters are not read regularly, noting that her bills tor the
past tew months range from $14.61 to $85.01, and the usage ranges
from 45 to 1. She stated that she wonders it the usage, as reported
to the State, is from estimated bills, noting that she does not feel
that Marco Islanders are using the volume ot water that Statt is being
told they are using. She stated that she attended the Big Cypress
Basin Board meeting last week and learned that when a new home is
built, and a new lawn and horticultural arrangements are put in,
irrigation is permitted tor 30 consecutive days. She indicated that
she teals that this is ridiculous.
With regard to the acquisition ot Deltona by Topeka, Mrs. Westman
noted that they are interested in buying nine utilities, and ",ho knows
it they are the ones who will manage the utilities. She suggested
that the Commission c~nsider negotiating with Deltona tor the acquisi-
tion since the service needs to be established within the overall
County system.
Commissioner Hasse stated that something appears to be drastically
wrong ",hen the tigures are indicating that 400 gallons per day, per
capita are used on Marco, as comp~red to 120 ~allons per lay, per
Page 20 )1
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MAY 2, 1989
capita by others. He noted that there may in tact be a problea
underground, as suggested by Mrs. Westman.
CO..i88ioner Volpe indicated that the number ot hotel units and
the number of transients that have been reported explains some of the
increased usage.
Commissioner Saunders stated that the one million gallons ot water
per day to be provided to Marco by the County will be a short term
solution, but at the height ot the season, this may not be possible.
lie noted that he is suggesting that Statf look into the possibility ot
the County taking over the utility, or condemning it.
Co..issioner Goodnight advised that the problem with the County
taking back the responsibilities that were given to the PSC is that at
that time, the Commission telt there was a contlict ot interest
because it was actively pursuing the Marco Utility and the Avatar
Facility. She indicated that she teels that Collier County Government
should look into buying this system and the Avatar system, since there
are problems out there and the needs ot the public are not being met.
Commissioner Shanahan noted that he concurs with the review ot the
possibility ot taking over the jurisdiction again, and to announce
formally the County's intent ot acquiring the utility.
c-1_iGD8r Stwnah.an 8O98d, 88Ccmded by coaai..loaer ØoodDlgbt
and carr1" 1ID8J118a'R8ly, that the County Manag8r flle a cO8plalnt wltb
the -rP&..~late agency, on behalf of the Marco cltiz8n8, for tallure
to 88JaU1a IÙD~ pressur- tbrougbout the .,..t_: Ccnmty IIaDger to
8XpJ.8aoe ~ 1aJ.tiate 8Orator1U11 are- for conaideration by the 8oar4
of ce.a~ CI mrt..l_r8 at a future public bearing due to admowl8ðg8d
......_~ ..f1c18Dci- and potential availability probl- tor fire
prot:ect:l- år1Jlg ,.,.rta1n perl0ð8 of t48 day.
Commissioner Saunders stated that there needs to be a long-term
solution to solve the water problem on Marco Island, and to continue
Kith the Growth Management initiatives to control the growth. He indi-
cated that he is suggesting that Statt be directed to review and
report back to the Commission the possibilities tor taking back the
Page 21 :;.~
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MAY 2, 1989
juri.diction by the County trom the PSC, and what m~chanism will be
required. and the advantages/disadvantages ot considering the acquisi-
tion ot the utility through negotiation or eminent domain.
Commissioner Volpe stated that the utility is engaged in nego-
tiations and discussions to be bought by Topeka, and the action as
8uggested by Co..issioner Saunders relates to condemnation of the uti-
lity as well as the teasibility ot negotiating with the utility to
acquire them. He indicated that this may present an awkward position.
Commissioner Saunders stated that he agrees, noting that he is
suggesting that Statt come back to the Board with some discussion con-
cerning the pros and cons or acquiring the utility through some mecha-
nism which the Board determines to be appropriate at some tuture date.
hpe n
c-1_~ ~re 8OV84, eecODðed by C0881..iooer Volpe 8D4
carr ".. - - t _ly, that St.ff be directed to evaluat. aDd report
back u the ~..lon, tbe advantagee/dl88dvantagee ot takJDg 09'8r
the ....-Iatory j1lr1.8diction trOll the PSC over prlvately C*D8d utlli-
t.1ae Ja ÜI8 C88aty.
C t_iaaer ~J'8 809'84, ~ by C~-l00er S~~ aDd
carrl8l --188881y, that statt repo~t back to the C088i..1on, the
Poll- ... OtItj~l".. of the Browth "-'.1iJ8_nt Plan relatj,ng to the
8CqUJ.81tl- ot privately owned utility ey8t..., and infol"88tlon
reprdJ.ng the II8Cb8nl... to acquIre tbea whicb will be evaJ.1I8ted by
the IIoard to detenaine wbether the County should eabark on . Policy ot
acqulring the88 ey8t.- in an eftort to get a handle on growth
thJ:4 Jf_l the Coanty.
County Manage:.r Dorrill referred to CommlRsioner Saunders' second
motion and questionert, for c~arltlcation purposes, whether the analy-
~is of former engineering and assessment work which was done for
Deltona and other assessments, i.e., GAC should be included?
Commissioner Saunders replied affirmatively, adding that any
information which may be relevant to this i~sue will be helptul.
... Depaty Clerk hnyon replaced Deputy Clark IIoff88n at 12:25 P.".".
It88..1
Page 22 ~.o,
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-- -..- .
MAY 2, 1989
rr II/eo TJIJtOUCDI rr IS/U ncollDAln' ROAD PJltOGJItAM TO IXCLUD& MAJOR ItOAD
PJItO.18on, 1ICJX.\L InTALLATIOn, AJI1) RKCOnnOCTIO. PftOJJ:CTS - APPROVKD
Transportation Services Administrator Archibald stated that this
is an annual update ot the County's tive and ten-year road plan which
addresses arterial roads as well as the collector road system, adding
that the plan is broken into three sections. He stated that the Plan
is made up of a tive-year detailed plan ot major construction pro-
jects, a five-year detailed plan of reconstruction of arterial collec-
tor road systems, and a listing of road signals that may be warranted
in the next five-year period. He stated that during the previous
years, the road projects were prioritized and it was followed by allo-
cating those priorities based upon the available tunds. He stated
that in prior years, the dollars have always been the tactor that
controlled ho~ much was done or was planned for during the five-year
period. He stated that this year in addition to having designated
road priorities and funding sources, the program is also driven by the
Growth Management Plan which addresses the service levels ot the road-
ways and the need to bring those roadways that are in a Level ot
Service "E" up to a better level ot service within a two year time-
frame. He stated that on the tive-y~ar plan this has pushed a number
ot the projects into the next tew years which means that there will be
some substantial shortfalls in funding over the next few years. He
indicated that over a ten-year period, the revenues should match the
road needs, adding that there will be cycles during this period where
there will be shorttalls which will be made up through short-term
funding. He stated that part of the reason for submitting the five
and ten-year plan is to look at the shorttalls and establish the road
priorities so that when they get into the budgeting process, the
County will know the limitations trom the project standpoint and the
dollar standpoint. He stated that the list that he is asking the
Board to consider is a list ot needs with regards to road improvements
over the next tive-year and ten-year period. He noted that this is a
very important planning document. He stated that many ot the project.
Page 23 2{)
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MAY 2, 1~89
to be completed in the five to ten-year window have to be started now
in order to complete the project because the design phase, the per-
mitting phase, the right-ot-way phase and the acquisition phase takes
time, adding that sometimes it takes up to three years tor these pha-
ses before a contract can be let tor construction. He indicated that
the plan is consistent with the Growth Management Plan and the MPO's
201ð study, adding that the network that the County is in the process
ot building portions of in the next five to ten years is aloo the same
net~ork that will serve the County long-term for arterial road needs
and collector road needs. He indicated that there is a list of roads
that have been discussed in detail as well as some new items that are
shown. He stated that one item is that State Road 9ðl from U.S. U to
Marco Island Bridge has been included as an expenditure recognizing
that the State is not going to fund this entirely and the County is
going to have to do something. He stated that it was included to ini-
tially look at some kind ot bond program to finance it, but what is
more important is to identity it as an important need and the actual
tunding of that project or ditterent segments of the project will be
addressed during the budget process. He indicated that bike paths are
included tor the first time, adding that he is suggesting modifying
the current budget to include $lðO,OOO tor bike paths, adding that
there is very little money in the CIE budget for bike paths and due to
the number ot schools being built there is a need tor the bike paths
between the residential areas and the new schools. He stated that
there is also bike paths that have been requested by difterent com-
munities. He indicated that he has identified $200,000 tor IL pavement
and marking program, adding that a large contract is needed to mark
and properly identify the road centerlines and the edge of the road-
ways on a number ot arterials. He stated that he is also allocating
a small amount ot money tor the entrance road to the Immokalee
Airport, adding that the entrance road needs to be leveled and
entrance road work needs to be done on S.R. 29 and parts ot C.R. 846.
He noted that in essence, the Plan is the Bsme one that has been
Page 24 1\
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MAY 2, 1989
updated for a nu~ber of years and the priorities are fairly well
established and they are all subject to separate contracts for design
or construction and are brought back betore the Board at which time
the scope ot services is addressed and the dollar amounts.
Commissioner Goodnight stated that Florida State DOT was supposed
to widen State Road 29 trom the tour-lane, past Lake Trafford Road,
and questioned why this is not on the schedule, to Mr. Archibald
stated that they made a written commitment to have this under desig~
in the current year, but the State Road Department has not been ablø
to tultlll that obligation as a result ot some tunding constraints.
He stated that in the t~ntative tive-year plan that the MPO is con-
sidering now, they have pushed the project out three years and the MPO
is reco..ending that another project be delayed in order to try and
bring the State Road 29 project into the upcoming year. He stated
that the indications trom the FDOT are that they are going to swap
their priorities around which will allow tor the design ot S~ate Road
29 project in the upcoming year which will hopetully assure that the
construction ot the intersection improvements at State Road 29 and
Lake Trattord Road and State Road 29 and Immokalee Drive will occur in
the upcoming year with their funds o~ a combination ot their funds and
County tunds.
Commissioner Goodnight questioned it they are going to continue
with the improvements on North S.R. 29 where they were supposed to
widen the road and then the South S.R. 29 where it is to be widened
past the village. to which Mr. Archibald stated that the project south
on S.R. 29 has also been pushed back, adding that the relocation of
the road immediately south of Immokalee and two contracts that are in
the area ot the new intersection have been pushed back from three to
tive years.
Commissioner Goodnight stated that the signal lights at the intel'-
section have been included on the list, but they are not going to help
much if the turn lanes are not installed.
Mr. Archibald stated that this money has been in the budget tor
Page 215 1}
4. - -----~.._._"-_..... ........-....."".-."-
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.---.--...--.........."....- ..
MAY 2, 1989
over two years and the agreement with the State was one. they designed
it, the County would undertake the majority ot the construction. He
stated that he i. working with the State to push that design along.
Commissioner Volpe stated that in reviewing the cost of the
program over the next ten years, the revenue dollars retlect an intla-
tion tactor ot 5 to 8' but the construction dollars do not reflect
inflation, which is not correct. He indicated that tor 1988-89, there
is an $8 million surplus and next year, there will be an $18 million
deticit, adding that it this is averaged out over a period of ten
years, it appears that there will be a shorttall over the next nine
years ot no less than $20 million and possibly a little more than $20
mi !lion. He stated that this assumes that the revenue sources
retlect all the available revenue sources that the County has,
including a 50' increase in impact tees.
Mr. Archibald stated that a number ot years ago, the Board allo-
cated certain gas taxes to new construction and that tunding line that
has been developed is based upon those gas taxes primarily, the 5th
and 6th cent gas tax, the 1 cent gas tax and 4Ç of the 6 cent option
g~s tax all being allocated to new construction, plus impact tees.
Commissioner Volpe questioned how the debt service would be
retired it the County has to go to so.. type ot bond arrangement to
fund the shorttall, to which Mr. Archibald stated that under the years
1990/1991 and 1991/1992 is the time trame in which the County will be
undertaking a lot of construction work and that is where the maximum
amount ot shorttall occurs and trom that point on the shorttall is
being carried on, adding that during the next two or three years the
construction will peak and then trom that point on, the revenues and
expenditures will approach one another. He noted that tor this short
period of time, the ~ounty will have to come up with some type ot
financing and it has not been tinalized as to what the most advan-
tageous form ot financing would be in consideration ot both the short-
tall and the period ot time in which it would have to be paid oft by
debt service.
Page 26 ~~
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MAY 2, H}89
Commissioner Volpe questioned it the shorttall retlecte S.R. 951,
to which Mr. Archibald replied negatively, adding that S.R. 951 is
being shown as a wash. He stated that it is being shown as an expen-
diture but it is being covered by a bond ot some kind and he would
assume that this is the way the project would be tinanced.
Commissioner Volpe stated that this is based on the assumption
that S.R. 951 debt will b. retired through the use ot tolls, but last
week the Board allocated impact tees and gasoline tax to S.R. 951
which means that something is not retlected in these figures.
County Manager Dorr\ll stated that he indicated to the Board last
week that the issue to subsidize the construction ot S.R. 951 with
this type ot gasoline tax proceeds needed to be reterred back to the
Finance Committee. He indicated that there are some short-term deti-
ciencies in the Plan as a whole where some work cannot be cash tlowed
and w111 result in borrowing money or the dsterral of projects into
later years.
Commissioner Volpe stated that this plan is oppo~ite of what is
usually done, to which Mr. Archibald stated that the driven torce
behind the needs in this plan is thø level ot service, adding that in
the next two or three years there is a need to address a number ot
projects which may reflect catch-up. He noted that there are a number
ot roadways that have to be improved in the next few years as a result
of the level ot service changing on those roadways due to a number of
factors. He indicated that the level ot service is pushing a lot of
projects trom the out years to the near years and in turn, the County
has to find tunding sources in the near years to undertake those pro-
jects.
Commissioner Volpe stated that he understands that part of this is
due to the Growth Management Plan, adding that he does not want to
approve everything that is on this list at this time and find the
County is in a situation where everythin~ has to be tunded imme-
diately. He stated that he has no problem with approving this in a
conceptual torm.
Page 27 j~
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MAY 2, 1989
Co..issioner Saunders stated that the real decision making is when
Mr. Archibald comes back to the Board and indicates that the::oe needs
to be engineering done on certain projects or contracts have to be let
and a revenue source has to be identitied. He noted that is the time
when the BO3rd will have to decide it the revenues should be raised
to build the road or it the comprehensive plan should be amended to
change the level ot service. He noted that this Plan that Mr.
Archibald is presenting is a general conceptual plan as a guideline.
Mr. Ira Evans, resident ot Marco Ieland, stated that with regards
to S.R. 951, the total bond funding would be $30 million. He stated
that he is sure that there is going to be strong opposition to the $6
million payback that has been discussed and would be included in any
$3C million bond issue. He stated that he would ask that any action
that the Board take this date with regards to this Plan exclude this
notation on S.R. 951. He noted that h. has strongly recommended not
relying on impact tees to the extent that would be implied by any 50'
increase over this extended period of time because impact fee. depend
upon the level ot actual construction which is not going to take place
near the time period of this road construction. He stated that the
level ot construction that is implied will not take place at the ori-
ginal level that was implied. He stated that it' 50' is added to ths
impact tee based on presently projected construction levels, this
number becomes unreliable. He stated that until the tunding question
is settled for this ten-year period, it would appear that any expen-
diture to the extent contemplated should be curtailed. He indicated
that the MSTU tor Ljvingston Road implied the use ot C~unty funds to a
greater extent and it by any chance, S.R. 951 and the $6 million
payback are connected with the tunding ot Livingston Road, it is not a
very reliable source of tunding. He stated that he would suggest
that these aatters be taken into consideration with whatever action is
taken in regards to this plan.
County Manager Dorrill stated that with regards to Project
Priority '3, which is the 6-laning ot Airpo:~ Road, Phase I, it will
/'
Page 28 g:>
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MAY 2, 15189
.tart with the Chri.tmas holidays this year and then Phase II would
start with the Christmas holidays in the tollowing year. He stated
that he is endeavoring to accelerate the start ot construction in
order to begin construction prior to the tourist season. He stated
that the combined project is in excess of a year and it it can be done
throughout one tourist season, this would be better than to go into
two tourist seasons. He stated that he has been meeting with Wilson,
Miller, Barton. SoU & Peek, Inc. to try and start this job prior to
the Christmas holidays this year and limit it to one tourist season.
He noted that this will be a ditticult construction project due to the
amount ot tratfic that is carried on this road.
Commissioner Shanahan stated that he would suggest that all
figures include the intlation factor and that Start be aware of where
the 80ney is going tor each program.
County Manager Dorrill stated that the Finance Director will not
let the County buy anything without approval.
Commissioner Volpe stated that this plan is a conceptual approval
and will be reviewed on an annual basis.
Commissioner Shanahan stated that this is a need list and the
County is going to have to tind ways to tinance it.
Commissioner Saunders stated that everything is a wish list until
it is tunded.
C0881..ioner B_.. 1IOV8d, ..con4ed by Co..l..loner Shanehan, that
the 1"'/'. secondary Road Progr.. to include aajor road project.,
.ignal inatallationa, and reconatructlon project. and the revlew ot
tbe 1"./8' progr.., be approved.
Commissioner Volpe questioned it Statt will come back and address
the revenue shorttalls, to which Mr. Archibald stated that this will
have to be addressed as part of the budget review process.
Upon call tor the question, the 8Otlon carr led unan180U8ly.
... Deputy Clerk Eraft replaced Deputy Clerk Eenyon at 1:08 P.M. ...
Ite. nB3
ftKSOLUTIO. lif-112 A8D XKSOLUTIO. 18-113 PERTAI.I.O TO SALK or
8ð,OOO,OOO COLLIER COÚ~, rLORIDA NDCO ISL.IJfD BUCJD'JtOJIT
RKBOURISBMKB!' rACILITIKS MSTO LIMITED GK8ZftAL OBLIGATIO. BOBDS, SERIKS
naif - ADOPnn
Page 28 ~(,
".~.
~ '°,°" ..---..-..---
KAT 2, 1811
Commissioner Saunders stated he had a conflict ot interest
regarding the award ot the bonds due to the tact that .Local brokerage
tirms selling the bonds include A. G. Edwards, and he advised that he
will abstain from voting.
Assistant County Manager McLemore indicated that all business mat-
ters are ready tor the issuance ot the Marco Island Beachtront
Renourishment Facilities General Obligation Bonds and their subsequent
sala to Smith Barney. He noted a schedule ot tees relevant to these
bonds also requi~es approval.
David Fischer with SunTrust Securities, Financial Advisor for the
County, advised that on May 1, 1989, Smith Barney entered the market
with the $5,000,000 Marco Island Beach Renourishment bond issue and
a comparison ot the interest rates. He reported that the interest
rates improved since last week. He described comparable bonds, 1. e.
Miami AAA insured bonds were 720 yield, Leon County were 715 and Marco
came in at 710. He explained that the rates improved and did better
until the market turned, and the underwriters would like to adjust the
interest rates or add concessions for the salesmen. He reported that
it is cheaper to get concessions tor the salesman than it is to
increase the interest rates. He noted that Smith Barney stayed
within the parameters and the cost demonstrates that. He said the
total spread for the last issue was roughly $7,000,000 plus 7' sales
tax. He reported the spread was $13.38 and yesterday atternoon the
market became problematic and Smith Barney wanted another $2.60. He
advised Smith Barney that he was going to the Board ot County
Commissioners with another $1.25 because SunTrust cannot go over the
$13.38. He indicated the cost includes insurance. Hs pointed out one
insurer, Ampac, was obtained tor the beach nourishment bonds. He
explained that Ampac carries Triple AAA and the cost ot au, 000 tor
insurance saved $167,000 in interest costs because Triple AAA versu& a
non-rated or BAA beach renourishment project, sells with the
beat of the bonds. He emphasized that insurance promotes the sale ot
the bonds and saves a lot of money.
Page 30 j1
", f'J,
..---
MAY 2, }g89
Mr. Fischer presented a breakdown ot the manager's costs,
explaining that the $13.38 came trom that, the average interest coupon
fell below 7' to 6.978, and adding the issuance cost resulted in a net
interest cost ot 7.17 to be paid over the lite ot the bonds. He
advised that Smith Barney's bond attorney, Tom Giblin, present here
today, has the purchase contract and reeolntions for the Board of
County Commissioners and with the Bollrd's approval this date, the
closing will take place in approxim~tely 2 weeks.
Responding to Commissioner Hasse's question about Smith Barney
being the sole agent, Mr. Fischer explained that a sales group is made
up ot local brokerage firms who aid them in distributing some ot the
bonds.
Commissioner Volpe asked tor an explanation of the total cost of
issuance. Mr. Fisher explained that figure includes insurance and
without an A-I rating, insurance for beach renourishment bonds is
necessary and well worth $44,000.
In response to Commissioner Hasse's question about who else is
involved in addition to Smith Barney, Mr. Fischer replied "Merrill
Lynch, Shearson, A. G. Edwards, PaineWebber also distribute bonds".
He explained that Smith Barney is strictly a manager.
C088I..1oner Shan4lhml 1IOV8d, seconded by Co..laaioner Goodnlght
and carried ft/O, that Re.olution 88-112 iasuing ,~,OOO,OOO Colller
County .lorida Marco I.land a.acbfront Renourlab8ent .acllltl.. MGTU
L1~t.. Geaeral Obllgation Bonde, Serle. 1888, be adopted.
(CO88J_loner SauDdera abetalned)
c-J_1oner Sh4ID4Iban 8OV84, 88ConcSed by Co..la.loner 1Iaa- anc1
carried 4./0, that Re80lut1on 88-113 supple..nting the '8,000,000
Colller County rlorlda Marco Ialand a.acbfront Renourll1h8ent
racllltl.. MSTU L~ted 08naral Obllgatlon Bonde, SarI.. 1811, be
adopted. (C0881..10ner Saunders &betalned)
C0881a.loner S~nah4ln 8OV8d, oeconded by Co..i..1oner ..... and
carried ft/O, that the L~nae. pre..nted on the ofticlal prella1-
nary .tat888l1t be apprOV1td. (Coraai..loner Saunder. abetalD8d)
.888 31 2g
-
"-"...,,..
"~"-' ...---
KAY 2, 11"
..... aece_1 I11D P.M. - K8convena41 1130 P.M......
It- ...2
BID ADÐI'l'IOJIAL S'l'An 'to SKCUU RICJBTS-Or-MAY ALOJrO COOJrTT'S 1C&.101t
'1'RAJI8PORt'A'l'IO. COJUUDOKS: AOTBORlZA'l'IO. raft S!'An 'to SOLICI'l' PRICK
PROP08AL8 rROM ItIOBT-Or-MAY APPKAISAL/ACQOISI!'IO. or RIOð'l'S-Or-MAY
ALOIRI' LIYIIRIS'l'OtI ROAD ( .0ftTB IlAPLKS MS'l'U) CORRIDOR - APPftOVKD
Transportation Services Administrator Archibald displayed diagrams
showing the large number ot parcels required tor right-ot-way acquisi-
tion over the next 5 years. He indicated that 726 parcels and 97
relocations at an approximate cost ot 8.95 million dollars creates a
fairly substantial workload. He pointed out that the Board directed
Statt to outline the general workload ot the Real Property Department
and Transportation statting. He explained the color codes and their
tunctions relating to right-ot-way activities. He stated that Real
Property is involved in properties leased both on and otf-site.
Commissioner Volpe questioned the addition ot 5 new staff members
not reflected on the trend line. A discussion tollowed about the
chart signitying the tlorkload and corresponding starting. Mr.
Archibald pointed out that 11 right-of-way agents are needed for a
short period of time and within 3 years the statt would be reduced to
six. In response to Commissioner Hasse's question about reducing
statt by discharging them, Mr. Archibald indicated the 3 alternatives
are: 1) increase staft. some tor short-term employment, 2) hire
contractors, 3) utilize a combination ot 8tatf and contractors. He
reviewed the cost of these alternatives. He stated hiring County
statt would amount to $3,995.00 per parcel with the advantage ot not
having to pay overhead; the cost tor contractors would be $5,575 per
parcel, and $4,840 would be the per parcel tigure retlecting a com-
cination ot start and contractors. In response to Commissioner
Volpe's question abo~t appraisals, Mr. Archibald noted that they are
not included in the figures. CommilJsioner Volpe reiterated the $4,840
cost includes everything other than the appraisals. Mr. Archibald
reported that acquiring 726 parcels equals 2.796 million dollars with
a County statt, 3.85 million dollar» with contractors and a com-
}1°
Page 32
....-~'"
"...
MAY 2, 1989
bination ot contractors and County statf equals 3.43 .illion dollars.
Commissioner Saunders questioned the time period statt would be
utilized, and Mr. Archibald replied the work torce would be reduced
from 11 to 6. He inquired about the number of County employees and
contractors required, as a combination, and Mr. Archibald responded
4 start members and 1 secretary. Commissioner Saunders asked if con-
sideration was given to hiring independent contractors and supplying
ottice space, thus eliminating overhead and allowing personnel change
tlexibility? Mr. Archibald noted the problem was that in most cases
the contractors were not available for the length ot the project.
County Manager Dorxlll pointed out hiring people on a temporary,
but full-time basis tor two years at a higher hourly rate would reduce
the cost the County incurs tor benetits.
Commissioner Shanahan questioned the appraisal services handled,
and Mr. Archibald responded some firms do FDOT appraisals.
Commissioner Shanahan asked it the property appraiser in Collier
County could be utilized? Mr. Archibald indicated that he had spoken
with Sam Colding, the Collier County Property Appraiser, and
preliminary information on in-housq otters for easements, added intor-
mation tor appraisers and condemnaticn was available in his database.
One of Mr. Colding's suggestions, Mr. Archibald advised the Board,
is a computer hook-up between the Real Property Department and the
Property Appraiser's Oftice, which has been completed.
Commissioner Shanahan asked it Mr. Archibald was recommending
Option 3, the combination of 5 people and out~ide contractors. Mr.
Archibald replied "Yes".
Commissioner Hasse questioned County Attorney Cuyler about the
cost for an attorney relating to condemnations etc., and Mr. Cuyler
replied the Real Property Department can be accommodated for the next
fiscal year.
Commissioner Volpe asked Mr. Archibald about the time criteria,
specitically bringing in a consultant in July, it the Board approves
this option. Mr. Archibald assured Commissioner Volpe the time cri-
) 1{
Page 33
-_. .._~ - -. -""" . ..-.... , ---..'..- ' . -' '" , ........~..._".'_.'-
MAY 2, 1989
teria can be .et.
Commissioner Saunders asked Assistant County Manager McLemore it
there were any registered speakers and Mr. McLemore indicated there
were none.
Commissioner Saunders asked Mr. Archibald it his recommendation is
the combination? Mr. Archibald said it was, and pointed out that the
use ot contractors will include appraisal tunctions, thus enabling the
County to make otters to property owners quickly. He reiterated that
thi~ alternative will service immediate as well as long term needs in
providing rights-ot-way.
CollJllissjoner Shanahan questioned it the 8 points of staff recom-
aendation tie in to Option .3? Mr. Archibald responded that they do.
County Manager Dorrill requested the option ot looking into tem-
porary full time employees at an adjusted salary with no benefits.
He indicated that this will alleviate the problem ot criticism that
employees hired tor special projects become permanent County
employees.
Commissioner Saunders indicated. .8 ot the statt recommen-
dations can be deleted due to the tact another attorney will not be
needed. Commissioner Volpe questioned the existence ot a public
emergency. Mr. Archibald stated the primary reason tor including that
in the verbiage js to justify the ..,aiver of the RFP process allowing
Statt to go directly to tirms tor proposals without a 30 day adver-
tising period, 30 day selection perjod and 30 day approval period.
Commissioner Volpe pointed out that was only 3 months, Commissioner
Saunders suggested waiving the process. County Manager Dorrill indi-
cated a list ot qualified appraisers exists. Commissioner Saunders
proposed Recommendation .4 be eliminated and Commissioner Shanahan
agreed. Commission~~ Volpe questioned the design work, .~. Mr.
Archibald pointed out that the right-of-way information and majority
of parcel sketches have been receiv~d trom the consulting firm.
Commissioner Volpe end Commissioner Saunders indicated going through
normal channels might be more econo~lic. Commissioner Saunders pro-
J1¥
paga 340
-.... ,~."..__.- , ...." "",.,".'-""""""""-
--'-"--'" .--- . .,
MAY 2, 1989
posed eliminating '5 and Mr. Archibald stressed that tiJlle is the
eseence tor 3 projects. Commissioner Volpe asked how long the posi-
tion in the department has been vacant? County Manager Dorrill
responded "2 or 3 weeks".
Responding to Finance Director Yonkosky, Hr. Archibald noted th~t
~he funding will come trom the Secondary Road Fund (313), requiring a
transfer trom 313 into the general fund, resulting in allocation of
expenses from the general fund refJerve to an operating account.
CO88.1..ioner 5hanaþ.an IIOvad, .econded by Co..i..ionar Goodnight
an4 carr led 1IDAU1180U8 1 y, that Mr. Arcb1bald ut111ze Cnunty ..ployee.
an4 COD8Ultant. and that tbe .taff reco...ndation be approved..
outl1D8d below:
1. Authorize and approve the creation ot the tollowing new posi-
tions within the Real Proper~v Management Department,
Division ot Administrative SeI'vices:
CLASSIFICATION ENTRY LEVEL SALARY PROJECTED
W/BENEFITS
a) Secretary II $15,011 S 23,120
b) Real Property Specialiot I 19,00. 28.988
c) Real Property Specialiot II 22,589 33,118
d) Sr. Property Appraiser 23,15. 38,219
e) RiQht-ot-Wav Supervisor 26,197 38..78
Total (5 positions) $163,123
2. Authorize statt to proceed with the appropriate budget trans-
ters necessary to implement the recruitment and hiring of the
additional personnel, and approve the required budget amend-
ments.
3. Authorize staff to proceed with space planning to accommodate
the additional personnel;
nIfT . m
.. ( Declare that, due to the current and projected trattic volu-)
( mes throughout the County, and due to the necessity to begin)
( construction as soon as possible on the many projects listed)
( in Exhibit "A", (See Executive Summary) and due to the )
( existing manpower limitations, a valid public emergency )
( exists with respect to the County's transportation improve- )
( ments program, and that extraordinary measures must be taken)
( immediately in order to provide an etticient transportation )
( system and maintain acceptable levels ot services. )
5. Authorize a waiver of the formal RFP requirements and allow
staff to solicit price proposals trom qualitied right-of-way
consultants tor the immediate acquisition ot right-ot-way
along the Livingston Road corridor. Staff to be authorized
to negotiate a contract with the best bidder and return
before the Board with contract proposals and a recommendation
tor the execution ot a contract.
6. Authorize the otfice ot the County Attorney to assign top
priority status to the review and preparation ot said right-
ot-way services consultant contract. 11~
Page 35
...-------.- -- --. .,....,.-....--
MAY 2, 1989
7. Authorize start to solicit price proposals trom the County's
approved list ot professional designated appraisers tor the
purpose ot providing appraisal review services to the County
until such time as the review function can be performed in-
house; and,
D usn
8. ( Consider authorizing the County Attorney's Office to hire an)
( additional start attorney dedicated to the review of deeds, )
( easements, leases, contrllcts, closing packages and other )
( related documents prepared by the Real Property Management )
( Department. )
It- 4J9G1
SKLncrI08 or AJI DOIRDIRO COIISULTAJrT WOR DKVKLOPMZJI'T or 'l'D COOW'TY
IIA'!'D ""."IIWMWWT MAS'1'D PLAlI AJfD APPROVAL WOft 'l'D 1IA'1'D MAJlAODØll'f
DIRKC'TOa 'fO DTD IJITO nOOTIATIO. WITH '1'HZ 'fOP RAJrDD rIIOI -
COJITIJIUP 'fO KAY if, 1889 raft DOIWKKftIWO PftKSKWTATIOIIS
Environmental Servi~es Administrator William D. Lorenz noted that
on January 10, 1989 the Board ot County Commissioners authorized Start
to begin the process ot selecting an engineering consultant for the
County Water Management Master Plan. He stated that Statt published
and distributed requests for propouals, and appointed a selection com-
mittee to include the County Manager, the Environmental Services
Admi!listrator, the Water Management Director and the Growth Management
Statt Engineer. He indicated the selection committee reviewed the
proposals, established the top 3 tirms, and ranked them in priority
order. He reported that 1) Post Buckley, 2) Hole Montes and 3) Law
Environmental were chosen as the top firms, and Staff recommended
approval and authorization tor the Water Management Director to enter
into negotiations with the top ranked firm.
Commissioner Saunders inquired about the 4th firm that submitted a
proposal and the County-wide master plan tor water management. Mr.
Lorenz responded that Hunter was the 4th tirm and the 3 basic services
provided tor the water management utility would be 1) a draft model
ordinance tor a storm water utility building system, 2) evaluation ot
the level of service standards tor existing water management systems
in Collier County and 3) provision for an entire master plan.
Commissioner Saunders advised that he would like to meet the prin-
cipals ot the tirms and conduct interviews for this contract.
Commissioner Hasse pointed out that Start was familiar "ith selections
/11
Page 36
___4 .'" .~._._._..-
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MAY 2, 1989
of proposals. He asked Mr. Lorenz it evaluations were done of all the
engineering firms, to which Mr. Lorenz replied "Yes" and noted that
Statf had eliminated the 4th tirm, listened to presentations from the
3 tirms and developed the ranking.
Commissioner Shanahan questioned it, in the past, staft revlewed
the presentations and the Board made the tinal selection? County
Manager Dorrill responded that Statt evaluates proposals and initial
interviews and takes the Board ot County Commissioners through an
objective matrix ot capabilities such as time, personnel statfing,
etc. He pointed out that the Board ot County Commissioners must
decide, by the size and scope ot the project, whether they will accept
that ranking or conduct a second layer of interviews. A discussion
followed about qualifications, presentations, statt's evaluations and
policies tor awarding these contracts.
Commissioner Goodnight said that she would like Statf to select
the firms equipped to do the job and the Board of County Commissioners
to make the tinal decision.
Commissioner Saunders indicated that allot the Commissioners
would like to make the tinal decision regarding selection ot the engi-
neering tirm tor this project.
Commissioner Volpe and Commissioner Saunders agreed that a policy
is needed for future selections. and County Manager Dorrill noted that
the Board of County Commissioners should decide at the onset of the
initial project whether or not they want to conduct interviews.
Finance Director John Yonkosky point~d out that, according to the
purchasing policy ot the County, Starr interviews and ranks the tirms
and the Board decides whether or not it will conduct interviews.
C~_i0D8r Savndar. I8Clved, 88Conded by Co..l..loner Volpe and
carried UD8D 18011817, ~bat pr..entationa froa po.t, Buckley, Schuh.
.7erni.-n, IDe., Bole, Mont.. . ".oc1at.., Inc. and Law KnvlrOn88Dtal,
Inc. be brought betor. the Board on May 9, 1989.
It_...O
DISCUSS I 011 - ~JlAUO. WOft COnDIDCK OF CAftLSO. COIlP. COJn'Jt.AC"t
WID COLLXD COOJn"f U BALD . PUBLIC SDVICU 8LDO. - COII'1' IJn1KD 'fO
KAY., a.. /71
Page 37
-.. .__co""".. ---""-." -------
MAY 2, 1989
County Manager Dorrill stated a major dispute at the onset of
construction of the Health and Public Services Building occurred
regarding an alternative piling SYBtem. He indicated that the piling
system used to reduce noise does not meet the load bearing require-
aent. He explained that the work done by Carlson Corporation was in
accordance with the plans and specitications, and the preliminary
inv~stigation ot soil conditions was thorough and anticipated, but
there was a misinterpretation ot the soil's data. He explained that
the load bearing capabilities ot the test pilings are insutticient.
and the toundation system will have to be redesigned. He noted that
this occurred because the design and specitications undertaken by the
engineer were deficient, based on the load bearing capabilities ot the
soil. He stated that the original engineer's initial analysis was
done in accordance with generally accepted engineering principles
basad on soil borings and surveys. He indicated that a design error
or design deficiency on the part of the engineer may have been una-
voidable. He pointed out that it ill ditticult to recover damages trom
architects or engineers. but he teels under the circumstances. the
County is obligated to try to recover their costs.
County Manager Dorrill stated the County's Termination for
Convenience will pay Carlson Corporution for all costs th~y are
legally entitled to. 1.e. work incurred, earned retainage, general
conditions to keep the job going on a daily basis, and demobilization
tor a total of $30,000.00. He pointed out that the County will then
be relieved ot any and all claims on the part ot Carlson or their
agents or subcontractors. He noted that work will continue on the
yroject with the piling contractor, and all existing subcontract
arrangements will be assigned to the' new contractor. He stated that
Rutledge Corporat ion trom Fort Myers:, the second lowest and most
responsive bidder, indicated they will stand by their original sealed
bid, accept all responsibility tor subcontracting arrangements and,
hopetully, this matter can be brought to a mutually satisfactory
result.
/1&
Page 38
..0-'----"""'-
MAY 2, 1989
Co..issioner Saunders advised that the Board ot County
Commissioners does not need to take any action until Tuesday, May 9,
1989.
I t- .-02
DISCU88IOII - LAJmrILL CELL LIJrD - COJn'ltAC'l' luu'_810. COftIJIVK]) '1'0 MY
9, 1...
Assistant to the County Manager Ollitt stated that Better Roads
Incorporated has a contract with the County for fine grade fill
materials as part ot the landfill'~ cell construction project. He
not~d that the site tor this projec;t was the Crowne Point PUD and the
PUD language does not allow fill to be taken ott site. He indicated
that Better Roads Incorporated was advised of the PUD stipulation, and
the PUD developer has applied tor f\ standard excavation ordinance
allowance of 20,000 yards ot excav&tion material to be taken from the
site. Start advised that the Solid Waste Department should continue
to receive fill and extend the lite of this contract. He stated that
Better Roads will deliver 15,000 tons of contract type material to the
landtill between now and May 23. 1989, the scheduled date of the PUD
amendment. He also indicated Better Roads Incorporated should be
granted a 3 week extension to their contract beyond the date of the
public hearing for Crown Pointe.
County Manager Dorrill requestel~ processing the contract extension
as a discussion item on the agenda tor May 9. 1989.
Mr. Tom Kuck of Better Roads Inc;orporated stated removal of the
till material trom the Crowne Point project required Board action.
He noted t~at up to 20,000 yards relloval is permitted in the
Excavation Ordinance. Mr. Kuck saié; '~hat he wrote a letter to the
Solid Waste Department. April 21, 15189. (appended tor the record)
requesting an extension ot time. County Manager Dorrill stated the
extension request w~ll be processed tor next Tuesday, May 9 and on May
23, 1989 the Board can discuss with the developers the off-site remo-
val. tor the oft-site removal
/11
Page 39
.- .--.--...-..... - ~ , -.- -.--.......".-................
MAY 2, 1989
It_...l
8OAJU) PAM'ICIPA!'10. I. STUftOIC PLADI.O - MClUSBOP .nJJrK 12, ale
AT 8:00 A.M.
County Manager Dorrill stated that Statt has identitied the 40
most important topics. issues and potential problems the County will
tace, some ot which are ot an adluinistrative nature, but the bulk of
which relate to the Comprehensiv" Plan. He indicated the goals and
objective will be developed in a strategic plan submitted in conjunc-
tion with the budget. He noted ~hat approval trom the Board will be
sought to enact the tirst managenent goals and objectivee ot the
County.
A discussion continued and rf!view ot this material was scheduled
tor workshop session June 12, 1989 at 9:00 A.M.
It- ...u
COJIft.IC!' WID rLOJUDA S!'Aft OJIIVlJUlI'fT J'Oft ICKDIATIC. SDVICU -
COJl'l'II1OG TO A DAn A.J'TD KAY 10, 1989
Stan Litsinger, Growth Management Director, stated that on April
4, 1989, Statt was advised to draw a contract with Florida State
University tor mediation services. He noted the County Attorney,
together with FSU, prepared t~e cost reimbursement contract not to
exceed $23,500. He outlined the scope ot services with mediation as
defined by Mr. Bill Bryant, the mediator. He indicated the process
would take place May 17 and 18, 1989, with a visit from the mediation
team, Bill Bryant and Dan O'Connell. Commissioner Goodnight asked
County Attorney Cuyler it the letter trom Broward County was found and
Mr. Cuyler stated that someone will have to go and get it. Mr.
Litsinger said that he spoke to Pnl.ul Bradshaw and Broward County was
found in compliance with their Notice of Intent. Commissioner
Shanahan inquired about the rumored letter addressing shortcomings
foun~ in the compl~ance plan. Mr. Litzsinger replied that there was a
letter exchange between Broward County and DCA prior to their Notice
ot Intent being issued. but it wafl remedying objections raised by DCA.
ColDJDissioner Shanahan entered a me,morandum to him from Robert D.
Stakich dated April 28, 1989, into the record. (S- attacba4).
I~O
Page 40
."-"-" , -----" .--......................
MAY 2, 1989
Co..issioner Shanahan stated these points are all contrary to what
he was led to believe regarding the Growth Management Plan and its
iJ:1plementation.
Commissioner Saunders pointed out his objection to spending
$23,000 for mediation when mediation can continue with DCA during
the administrative hearing process. He stated there may be a way to
share costs with the DCA. Commis:s1oner Volpe questioned an indication
ot $26,000 available in grant monies to fund this contract. Mr.
Lit~singer replied that there is ,t.bundant grant money available to any
jurisdiction that achieves a compliance agreement. In reply to
Commissioner Volpe's question, Mr. Litsinger replied that achievement
ot a compliance agreement could rf,sult through mediation in a much
shorter period ot time.
Commissioner Shanahan recommended going directly to Tom
Pelhaa, DCA, rather than spending money on mediation. Commissioner
Goodnight indicated that she has changed her mind because DCA cannot
make up their mind about what they want to do. Mr. Litsinger pointed
out that amending, updating and illsuing development and building
orders on a plan not in compliancn would raise questions as to the
status ot the issues. Commissionnr Saunders responded that the argu-
ments are compelling. but the issues raised by the DCA in their intent
to deny the County's comprehensive plan are not what is being
addressed.
County Manager Dorrill stated he would make contact with the
Secretary's otfice this week and ~dvise him ot the Board's concern
about mixed signals and rumors involving the Broward plan. He indi-
cated he would advise the Board n~xt week ot the Secretary's position.
Commissioner Shanahan indicated that he and Commissioner Goodnight
will be in Tallahas~ee on May 10, 1989 tor a legislative day meeting
and perhaps they can meet with Mr. Pelham at that time.
Coamissioner Saunders noted this will be continued until a date
after May 10, 1989.
) ~ I
Page 41
--
---...... -..---. - .--..--
MAY 2, 19B9
... DepaTr Clerk .offaan replaced Deputy Clerk Kratt at tbla t18e ...
It- ....
I'U8LIC _a-IJIO J"OJt nL&SA!' nLrIISIO8 J'ftAlfCBISK TO U ADVD1.'ISUI rea
°"0/11 AT 3:00 P.M. - APl"aoVUl
Assistant to the County Manager MacKenzie advised that there is an
application pending tor Telesat Cablevision, noting that the ten-
tative date of May 23, 1989 had been set tor a public hearing to
discuss the tranchise award. He noted that due to a contlict in 8che-
duling, that date is not possible. He stated that Statt is recom-
mending that the public hearing b~ advertised for either May 30, 1989,
or the morning of May ~1, 1989.
County Attorney Cuyler stated that the representatives of Teletat
have requested that he assist then in working out .ome ot the major
provisions, in the event the Board considers something that they are
requesting, and he has indicated that he will work with them.
It ... the COD88n8U8 of the Co..l..ion that tbe public hearlng tor
!'el...t Cablevl.lon televi.ion frnncbi.. be 8dv8rtl88d for Tae8d8y,
II8y 30. 1.1., at 3:00 P.M.
It- .1U
.VÛk.L. n.ooa ADDITIO. TO COOlt'1'1l00ßK COnnUCTIO. nO.nCT - I!'AR TO
~IAft CO8T&&C'T WI'l'B ARCBIftCTUaAL rID TO PDI'ODI rtUI.ILITT
aKPORr AIID TO H 8OOGIn' BAa O. 8 / 13/8 i - APPItOVUl
Assistant to the County Manager Olliff stated that this item was
placed on the agenda for discussion purposes to answer any questions
that the Commission may have regarding the fourth tloor addition to
the Courthouse project. He noted that the Executive Summary outlines
the architect's design and square foot requirements tor the current
courthouse complex which are based on population estimates provided by
the Bureau ot Economics and Business Research (BEBR). He indicated
that the question is whether or not peak season population numbers
would be more appropriate to use 1:0 determine square tootage tor the
courthouse facility as opposed to the middle population range. He
stated that the two outstanding iusues are: the cost ot the shell, and
the tieing ot the shell tor the fourth floor addition. He advised
J~~
Page 42
--..---
,,-
MAY 2, 1989
that if construction commences now, the cost will be $23.00/SF, or
$50.00/SF it this is to be done at a later date.
Commissioner Volpe questioned whether there is any cost for the
architect to prepare a feasibility report? Mr. Ollitt replied attir-
matively. noting that the cost tor a complete teasibility study for
Phase I - Court Facilities is $9,700; Phase II - Clerk ot Courts
Oftices and associated support tac.l1ities is $25,960.
ea.at_ionar Volpe 8OVed, .ecol1ded by COIIIIi..ioner JIa8- and
carried ~i8ØQ.8ly, that Staff be authorized to negotlate a contract
witb ~ architect to analyze the tourtb floor of tbe courtbou8e
proj~ aDd r.,.ut back to tbe 8oaJ~d on .June 13, 1888.
It- .128
CJJ&'---- t'O 818 PLAII o~ SDVICK rOft 'rD KCOIlOMIC DISLOC.I.!'IO. AlII)
"'.... -+ A88I8'r.U1C8 ACT FOft 'rD 8~œwKST I'LOIUDA PlnVAD lJU)QauU'
(;uuIlll'õIL - &.-~_..-
Administrative Assistant to tho Board Israelson stated that on
April 18, 1989, the Commission approved the Interlocal Agreement that
will allow Collier County to be tho lead county for Service Delivery
Area #20 (Collier, Glades, Hendry und Charlotte) tor the purposes of
working with the Private Industry Council statt on the Economic
Dislocation and Workers Assistance Act. She indicated that the
Chairman is being requested to exec:ute the Plan ot Service tor this
program, noting that the Plan will result in the Southwest Florida
Private Industry Council receiving $86,000 to assist in long-term
unemployed and those individuals who will be laid ott during the next
year.
c-1_100er Volpe 8OVed, 88COtId8d by Co..i..lonar Ihaft..Nin and
carrl" --,...-ly, that the CbalJ~ sign the Plan of Service for
the 811.....-tc Dlalocat1on and MorkaJ~ ...l.tance Act Progr- tor
1'.9-~ for the "'~bw8.t rlorida l~iV8te Industry Councll, Inc., 111
acco&6.....cw W1Ü1 the Job !'raining Pnrtnar.blp Act.
J J ~
Page 43
,~ '""-,-~,_...."'.."... "," .......
"".". '-. " .. ,
MAY 2, 1989
...
C I t ..1G111i8r ..... 8OV8d, 88CODoded by Co881881cmar St---eh-> aDd
----~ 1II8rt-..ly, that the tollowiDg 1 t- under the COD88Dt
All -"- '- ...._w64 8DII1/or adap1:8d:
l~ - ..... to M2
11:88 ~U2
~L PIoAT ~ _1IUi-.I-. TA~S - mrIT .. - WIn STIPULATIon
1. That the tinal plat not be recorded until the required ir~ro-
vements have been constructed and accepted or untl1 approved
security is received tor the incompleted improvements and
that construction shall be completed within 36 months of the
date of this approval.
2. Authorize the Chairman to "xecute the Construction
and Malntenanc~ Agreement.
... Page. 4~-A I - ¡l. ~
It- nUl
C3A888 omsa no 'rO ø.a.rr con'rJnJCTIO. UD rIII.AL PnO3KCT PAnøJI'T or
810.,2" J'OIt. 'I'D conTJWCTI08 OJ' CBILLD UD KLKCTJUC Bt1ILDIJRI -I:-
See Pages 4(P-B,/- {J.t,
Ite8 .1482
RESOLUTION 89-114 SUPPORTING THE INCLUSION OF SOUTHWEST PLORIDA IN THE
PHASE TWO PLANNING PROCESS OF THE FLORIDA SPEED RAIL COMMISSION
See Pages Itb- C,j
It- .1411
~.u- A. CA!'J: 088 0. CODSCT I 011 'rO !'D !' AX !tOLL AS PftØ ..-r AU BY TO
~_I I ...nAI8Ø' S ORXCK
1988 !'UOI.U PDSOII.AL P1tOPDTY
1108. 1811-H)4/107 Dated 4/20/U
It- .1412
~ IllUT1I TDI8 roa I..u.n 110. 4221'7
It- .1413
SA'fiQ'ACTIOJlS or LIDS FOR SDVICKS or TD pUBLIC DKJ'D1)D
... P aqe8 4t -D. / - v.~
It- .1.1
KItU"1rTTAW8OQS COUSSPOJlDDCK - J'ILSD AJID/OR JtØDRKt)
There being no objection, the tollowing miscellaneous correspon-
dence Mas filed and/or reterred to the various departments as indi-
cated below:
JO}
Page .4
--~- .,_., . ..,.-- --..",
MAY 2, 1989
1. Letter dated 4/13/89 trom L. P. Coe, Controller, Cablevi8ion
Industries, enclosing audited statement ot revenues (Immokalee,
Collier County,) for year ended December 31, 1988. xc: Brenda
Wilson; Brian MacKenzie. and filed.
2. Letter dated 4/13/89 from L. P. Coe, Controller. Cablevision
Industries, enclosing audited statement of revenues (Collier Count~)
for year ended December 31. 1988. xc: Brenda Wilson; Brian
MacKenzie, and tiled.
3. Letter dated 4/11/89 from Lewis O. Burnside, Jr., Director,
Division of Housing and Community Development, Department ot
Community Affairs, re Collier County police Traffic Services
Program, Project Number 88-04-K-315-06. xc: Neil Dorrill, and
tiled.
4. Letter dated 4/14/89 from Richard L. Dugger, Secretary. Dept. of
Corrections. re Five Year Plan for new prison construction. xc:
BCC; Neil Dorrill, Don Hunter and filed.
5. Letter dated 4/19/89 from Patrick Kenney. Environmental
Specialist, DER, enclosing short form application. File No.
111636095 re dredge and fill activities. xc: Neil Dorrill; Bill
Lorenz and filed.
6. Letter dated 4/17/89 from Patrick Kenney, Environmental
Specialist, DER. enclosing short torm application, File No.
111633995 re dredge and fill activities. xc: Neil Dorrill; Bill
Lorenz and tiled.
7. Final Order dated 4/7/89 trom DNR re Permit No. A CO-194, Archie
and Viola Meinerz tor sand fill, walkover and chickee hut at 1804
South Gulfshore Boulevard. xc: BCC and tiled.
8. Memorandum dated 3/31/89 from Ronald F. Cook, CPA, Finance Dept.,
to Michael K. Arnold, Acting Utilities Director, ra Marco Water
and Sewer District Preliminary Interim Financial Statements tor
period ended February 28, 1989. xc: BCC, Lori Zalka and tiled.
9. Memorandum dated 3/29/89 from Me¡ia Thornton, Human Services
Program Specialist, EMS, HRS, re advising acceptance of EMS
matching grant application. xc: Neil Dorrlll; Jay Reardon,
George Barton and filed.
10. Minutes received and filed:
A. 3/14/89 Golden Gate Parkway Beautification and 5/9/89 Ag~nda.
B. 3/23/89 - Library Advisory Board
11. Letter dated 4/17/89 from Elizabeth D. Ross, Attorney, SlIWMD,
enclosing copy of Board Order including geographic boundaries of
wa~ .. ase re9trictions. xc: Neil Dorrill; Mike Arnold, Don
Hunter, Ken Cuyler. and tiled.
12. Letter dated 4/20/89 from Peter N. Stowell, Director. Southeastern
Area of US Dep~. ot Transportation, re UMTA Region IV Program
Workshop in Atlanta on June 27-29, 1989 at Colony Square Hotel and
attaching agenda. xc: Jett Perry; and filed.
page.5 ~oq
~~.~ --...--' . " __"0--"'."""-'.'--""'-
MAY 2, 1989
...
There being no turther business for the Good of the County, the
aeeting was adjourned by Order ot the Chair - Time: 3:1ð P.M.
BOARD OF COUNTY COMMISSIONERS/
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DISTRICTS UNDER ITS
CONTROL
~Jf
BURT L. SAUNDERS, CHAIRMAN
ATTEST:
3AMES,C~~A~S, CLERK
-".: ~I',
.. .. . .. 'c
~: ~- ~~/~ 0,-
. . . -- - I "-
., '..These ainut~s approv~ by the Board on ~;¡ :J~ If r1
/ '. .' - -......---- .
~ . .....--
as 'þJ':...nted" ' - or as corrected
" , :! : ~~ ., \
¿of
Page 46