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BCC Minutes 11/26/1985 R "I . . Raples, Florida, Nove~ber 26 1985 LET IT BE REMEMBERED, that the Board of County Commissioner. in and for the County of Collier and also acting as the Board of ZOning Appeals and as the governing board(s) of such .pecial districts as have been cre~ted according to law and having conducted business herein, met on this éate at 9:00 A.M. in REGULAR SESSION in Building "F" of the Courthou.. Complex. East Naples Florida with the following member. present: CHAIRMAN: John A. pistor VICE CHAIRMAN: Anne Goodnight Frederick J. Voss Max Has.. C. c. "Red" Holland ALSO PRESENT: William J. Reagan, Clerk, James C. Gile., Fiscal Officer: Maureen Kenyon. Deputy Clerk, Ken Cuyler, Assistant County Attorney: Don Lusk, County Manager, Neil Dorrill, Assistant County Manager: Pam Brangaccio. Deputy Assistant County Manager, Vickie Mullins, Community Development Administrator: Ann McKim, Planner, Don Norton Public Services Administrator, Tom Crandall, Utilities Administrator: Tom Kuck, Public Works Administrator: Nancy Israelson, Administrative Assistant to the Board: and. Deputy Chief Ray Barnett, Sheriff'. Department. ., " ~, ~I.~~ '. ~;'i ~ , .o:\!". '. .,.!.ti ,:'" ,;;..',..t¡¡;í . . '. ,,",' , ,è; , R;~f , :.....':::,~'.;~ "~"'''''''~;! ¡J,\,'~.""fi¡;¡'¡,.." , . 1i¡if~:p, , "'''J! ··,'1·~ :"'\~ '.~ :r"~'r?'1 r '. ~ .', ,. t·~1 ,~J11t"(,j~ ~~.tJ~C;~.:.,·,f~~" .;f ,1.1,4;: ·c', 'It!.U',. .. ~~ , " . :~f.:;':' .', \ aOOK 091 PIr,r or Page 1 h·' ¡ :~¡ ¡ \. , },) .. .. .. ." ,.;..... '. ~ ·~~~~i!:·:,;; ,~~' ~ ~t', .~, .~1,:t~";~1.'~:~:¡, ~hpe: U;·"; ~It.. n ~.';..,,i'Ì , <'; ~ - ", .'-::; November 26, 1985 MUDA - APPROVED AS PUSEBTED eo..issioner Vo.s .eved, seconded by eo..i.sioner Ha.se and carried unanimously, that the agenda be approved a. presented. !tea . 2 PROCLAMATION DESIGRATIRG DECEMBER 1985 AS -AMERICM LEGION-GOLDEH GATE MEMORIAL POST 247-BLOOD DOROR MORTR- - ADOPTED Upon reading of the proclamation, eo.ais.ioner Vo.. moved, .econded by Coaais.ioner Goodnight and carried unanimously, that the proclaaation designating Deceaber, 1985, as -Aaerican Legion-Golden Gate Memorial Post 247-Blood Donor Month- be adopted. Representatives of the American Legion, Golden Oate Memorial Post 247, were present to accept the proclaMation and to express their appreciation. ~ . /~ I,~: ", , 1 "; ¡ '; . .~ 10011. 0911'1Gt 07 . ¡ ~ . . . ' '. j. " ;,·¡;;Jr<. ""i«' .. , ~ ,'. ," , . ~ .',.. " ':. ~' , I~:' :)~' :t.1.....r ¡ "!'~~' , . 't ,~. :'/ì..; : . .t¡"",:~>,}: ~', >; . .,>. ·,>t .' ,'. ' r;'" '? t¡ . ~1)t.¡: ~1; ," . Page 2 .. .. .. " Nove~ber 26, 1985 PROCU.MATIOIf DESIGRA'1'IRG '1'HE WEn OF NOVEMBER 24-30, 1995, AS -FIRLABD-MARCO ISLA1!fD JAYCEES I1I'.I'EJUfA'1'IONAL FRIENDSHIP WEEX" - ADOP'1'ED Upon reading of the proclaaation, Comais.ioner Pi.tor aoved, seconðed by CO.missioner Voss and carrieð unaniaously, that the procla.ation ðe.ignatinq the week of øov.mber 24-30, 1985, as -Finland-Marco Island Jaycees International Friendship Week- be adopted. Representatives from the Finland Jaycees accepted the procla.ation and expressed their thanks for the hospitality and friendship they have received. They presented the Commission with a gift from Fin~and. 't , ..... ;OD~ 091 Pi"! 09 Page 3 , r~ . .Ii: Ite. '4 RESOLUTION 85-249 MDDIIIG DEVELOPMEln' ORDER 85-3, LELY A RESORT COMMUNITY - ADOPTED Legal notice having been published in the Naples Daily News on November lO, 1985, as evidenced by Affidavit of Pu~lication filed with the Clerk, public hearing was opened to consider a resolution amending Development Order 85-3. Lely, A Resort Community, which was approved by the Board on May 21, 1985. Planner McKim stated that the Department of Community Affairs appealed the Lely, A Resort Community Development Order because of deficiencies relating to transportation, environmental concerns and the official responsible for compliance with the Development Órder, She stated that the DCA and Staff and the Petitioner and County Staff have worked together to develop satisfactory language pertaining to these deficiencies, adding that the Board i. required to approve the amend- .ent which will resolve the appeal by the DCA. She stated that these changes are mostly related to transportation, adding that there are more commitments required from the petitioner/developer to meet the policy and requirements of the State. She indicated that the petitioner has agreed to the requirements. eommis.ioner vo.. aoved, .econded by eo..i..ioner Ha..e and carried unanimously, that the public hearing be closed. Co.mis.ioner Voss MOved, .econded by Com.i..ioner Goodnight and carried unani.ously, that Resolution 85-249 amending Development Order 85-3, Lely, A Resort eo.munity, be adopted. .. .. .. November 26, 1985 IODK 091 par,{ 11 .. l Page 4 ,__"._,_<u..~_=.",..,...__.".·_,,_. ·f#' . . IDI)~ 091,1:.! 20 Ite. .5 November 26, 1985 RESOLUTION 85-250 APPROVING TARGET AREAS RE CDBG AND AUTHORIZING GRANT APPLICATIOR FOR THE 1985 FUNDING CYCLE AS RECOMHENDXD BY THE CITIZENS AOVI SORY TASK FORCE - ADOPTED Community Development Administrator Mullins stated that this is a request to adopt a resolution approving Collier County's target areas as recommended by the Citizens Advisory Task Force and also authorizing Staff to prepare a grant application for the 1985 funding cycle as recommended by the Task Force. She stated that grant applications under housing and neighborhood revitalization are due in Tallahassee by December 23, 1985, and before an application can be prepared it is required that the Task Force meet and designate target areas and also choose a project in order for Staff to prepare the application. She stated that the Task Force met on November 20, and selected Immokalee as the prime target area and Naples Manor as the second target area. She noted that with the current grant that i8 due at the end of December, it was the decision of the Task Force to direct Staff to apply for a grant that would allow for infrastructure improvements on approximately 48 acres in South Immokalee. She noted that at the present time, there are no housing units on this development and if the grant is approved, it will be coming before the Board as a PUD. She stated that this represents cooperation between government and private enterprise to develop the housing structure.. Commissioner Hasse questioned if this is totally funded, to which Mrs. Mullins stated that at the present time there is approximately $10,000,000 available funds in two categories and there will be approximately 15-20 grants that are funded in each category. She stated that there i. no guarantee that Collier County will receive funding as DCA utilizes a scoring system and one of the criteria is past performance. Co..lssioner Voss ~Yed, .econded by eo..is.loner Haa.e and carried unani.eusly, that Resolution 85-250 approving the target area. of I.mokalee and Naple. Manor re the CDBG and authorizing the grant application for the 1985 funding cycle as recom.ended by the Citizen. Advisory Task Force be adopted. I' ;.. \f - - - Page 5 - - - November 26, 1985 It.. 16 BID 1909 FOR on 16 Y.MD JORlf DEERE JDB62 LA!mPILL LOADING SCRAPER AWARDED TO RZFP MACHINERY, I1fC., PT. MYERS, 1M THE AMOUNT OP $151,700 Legal notice having been published in the Naples Daily News on October 23. 1985, as evidenced by Affidavit of Publication filed with the Clerk, bids were received for Bid '909 for one 10adin9 scraper until 2:30 P.M. November 6, 1985. Public Works Administrator Kuck stated that this is a request to award the purchase of one landfill loading scraper. He stated that four sealed bids were received on Rovember 6, 1985, for a l6 cubic yard self-loading scraper for the Naples Landfill. He noted that the low bid received in the a.ount of $103,665 was for an 11 yard pan which did not meet the specifications, adding that he is therefore, recommending the award of Bid '909 to the second low bidder, Neff Machinery, Inc, for a l6 cubic yard John Deere self-loading scraper for $151,700 as ~eing the lowest acceptable bid in conformance with the specification. and in the best interest of the County. He stated that this piece of equipment was budgeted for 1985/86. He noted that this was scheduled to be a replacement but it was decided to keep the old scraper in preparing the water management area and the new cell at the landfill. He noted that he originally had $225,000 in the budget, but when the budget was trimmed, it was reduced to $125,000 but there is money available in Fund 470 to make up the difference. He reported that the old piece of equipment would not receive a trade-in value of $25,000 as it is not worth that much, but it i. still a useable piece of equipment. Assistant COunty Manager Dorrill stated that the old equipment was bought used about 6 years ago and it has been worked at the Naples Landfill and the IlImokalee Landfill,_ adding that it is the intention of .", Staff to use it for some of the dirty work in preparing the cell for the landfill which me~ns that by the end of next year, it will only have scrap value but it will have served the purpose. Com.is.ioner Voss aoved, seconded by Commis.ioner Haase and carried unani.ously, that Bid 1909 for one 16 yd. John Deere landfill self-loading scraper be awarded to Reff Machinery, Inc. Ft. Myers, in the aaount of $151,700. &OD( 091,1r.t 23 Page 6 "~, I ~~;O( 091ftq. 24 Ite. t7 , \! .. ~~ovember 26, 1985 '.) :,¡(; 'f?' CONSULT I 110 LANDSCAPE ARCHITEC'l' AGREEHElI'l' WITH MCGEE' ASSOCIATES TO FURBISH A MASTER PLAlI FOR THE GOLDEK GATE PAJUafAY BEAUTIFICATION MSTU IN THE AMOUNT OF $4,000 - APPROVED Public Works Administrator Kuck stated that on October 1, 1985, the Board approved the final consultant ranking for RFPJe4S as selected by the Golden Gate Parkway Beautification Advisory Committee and authorized the committee to negotiate a contract for the project with the number one ranked firm, McGee' Associates. He noted that staff prepared an agreement which was the basis for neqotiation with the conlultant and the scope of servic~s contained in the agreement include the following service categories! Phase I, Master Plan Phase II, Final Design Services Phase III, Services During Construction Phase IV, Additional Services. He stated that McGee . Associates has agreed to perform the minimum services specified under Section 2, Exhibit "A" within 30 calendar days for a lump sum fee of $4,000 for the Master Plan part of the contract. He noted that following the negotiation with the consultant by the advisory committee and the staff, it was concluded that McGee. Associates is adequately staffed and qualified to perforn all the services specified under the proposed consulting landscape architect agreement and that the contract payment of $4,000 is both just and equitable. He stated that he 1s reco.mending approval of the contrac~ and agreement. Commissioner Hass. aoved. .econded by Coaaissioner Holland and carried unanimously, that the Consulting !.andscape Architect Agreement with McGee' Associates to furnish a Master Plan for the Golden Gate Parkway Beautification HSTU 1n the allOUnt of $4,000 be approved. ; j ..' ~ .-, ~; ;; ,~':-~; I . ~ ,',:_ . J.;! '/ .. ,...- ; "'~ t J t.,;,," t r ,~~ ; . ~' ;; I :h L¡~f ~- .~~ ì~.-tö,·~ L..:t, '. ~,: , . ¡ ì:- >, t" t ".,'~D,¡ ~1 ~~,: - - .. .. .. ,+. November 26, 1985 It.. .8 LEASE TO THE IHHOKALß WATER AIm SEWn DISTRIC'1' FOR LAND A'r THB IHHOKALEE AIRPORT IN EXCHABGE FOR WATER DISTRIBUTIOlf LINES WITHIN THB AIRPORT - APPROVED Public Works Administrator Kuck stated that this i. a request to grant 2.93 acres of land to the Immokalee Water ~ Sewer District in exchange for water distribution lines within the airport. He stated that the Real Property Administration received a letter from Carl Reich, Senior Project Engineer for Smalley, Well ford, and Nalvin, the engineering consultant for the Immokalee Water ~ Sewer District, requesting staff as.istance in acquiring a l.as. from the Board for a water pumping and .torage facility at the airport. Tape ., Mr. Kuck reported that on August 17, 1984, the Board approved test wells on the .ite for Mr. Reich and on February 6, 1985, the District's attorney, TOD Boardman. presented his office with a lease which has since been renegotiated several ti~es. He stated that the final lease was worked out on November 7, 1985, in the County Attorn.y'. office. He reported that the key items which staff recommends i. that the County grant the district a 40 year lease to sati.fy their financing requirements with Farmers Home Administration, that the County receive waterlines to serve the airport property in lieu of money: that the amount of the lease be determined by a qualified appraisal every five years and credit wil~ ~ applied to work completed: and that sufferage of aviation would not be allowed, and the County engineering staff will monitor all work. He stated that the lease will provide for $90,000 worth of waterline. on the airport for tenant's connection and will also provide a volume of water which might not otherwise be available. He report.d that the waterlines will be at no cost to the County nor will the leas. be a major cost to th"e District due to joint use of some ',' of the lines, and the lease has been approved by the As.istant County Attorney a~~ the regional FAA office. He reported that he i. asking that the Board approve the lea.e and direct the Chairman to execute same. Com.i.sion.r Goodnight moved, ..conded by Commission.r Hass. and carried unaniacusly, that the 1.... to the Imack.le. Water and Sewer District for land at the I..okal.e Airport in exchange for wat.r distribution lines within the airport be approved. ;~~~ 091'",<:: 39 Page B '.It .. ..' ." Î : ,¡ ñ~. Q~l PAG[ 56 November 26, 1985 RZSOLUTION BS-2Sl ESTABLISHIØG A PARKS . RECREATION RESERVATION AND FEE POLICY FOR USE or ATHLETIC FIELDS - ADOPTED Parks and Recreation Director Vanatta stated that at the last meeting the Board asked that the County Attorney's office review the proposed document, adding that some language was modified to make it clearer in regards to setting a policy for reserving the athletic fields for private businesses or individuals to conduct athletic tournaments and special events. He noted that the document will set a policy which they have not previously had. He stated that the fee structure is the same as the City çf Naple. and that irregardless of who uses the fields, there is still direct related costs and all organizations will be charged the same. Commissioner Holland stated that civic associations should not be charged. He stated that he cannot see the justification of spending $2,600 in overtime costs to collect $3,600 in revenues. Deputy Assistant County Manager Brangaccio stated that the $2,600 will be spent on maintenance cost anyway. Commissioner Holland stated that the property is school property and the County should not be charging for tournaments on school property. He stated that if this is for the community parks, it is premature. Commissioner Hasse stated that there is a lot of maintenance required when fields are used for tournaments. Mr. Vanatta stated that he is trying to prepare for the future so that when the parks come on line, there will be a policy set. Commissioner Voss stated that if people use the fields to raise money, the taxpayers should not have to pay to maintain them, adding that it should be a part of their expenses in raising money. Commissioner Holland stated that those taxpayers are al.o the ones that voted to pay for the parks and they are paying for them through their taxes. Hrs. Brangaccio stated that this is only one policy for the future, adding that there will be other policies for tennis courts, racquetball facilities, and any others that are being built in the first phase of the five community parks. Com.issioner Voss .oved, seconded by eo.missioner Goodnight and carried 4/l, (Co.missioner Holland opposed), that Resolution BS-25l be adopted. ..,.' Page 9 " . , \ r ' r-'r:'r1t' . ! ; '1, ;. ,¡ ~ ' , , i:... ,'" - .. .. Nove~ber 26, 1985 Ite. UO ROUTINE BILLS - APPROVED FOR PAYMEN'l' Pursuant to Re30lution 81-150 the following through Friday, November 22, 1985, in payment of CHECK DESCRIPTION CHECK NOS. checks were issued routine bills: AMOUNT Vendors l3S849 - l36lS0 $2,lS8,499.76 Ite. U1 BUDGET AMENDMENTS 86-72/73 - ADOPTED Com.issioner Voss .eYed, .econded by Coaai..ioner Ha..e and carried unanimously, that Budget Aaendment. 86-72/73 be adopted. Ite. U2 RESOLUTIOR 85-252 ESTABLISHING A LONG-RANGE INFRASTRUCTURE AD HOC COMMITTEE AND APPOINTMENTS TO SAME - ADOPTED Commissioner Voss stated that several weeks ago it was decided that a long-range infrastructure c~ittee would be formed and it was requested that people that were interested in serving on this committee send a request to the Commission. He .tated that as a result of that the following appointments are recommended: Mr. Robert Zimmerman, representative of the CCPC Mr. Lyle S. Richardson, representative from the City of Naples Mr. Dudley Goodlette and Mr. Hank Caballero, representatives of the Naples Area Chamber of Commerce Ms. Marjorie J. Joder, representative from the League of Women Voters of Collier County Stanley Whitcomb, Jr., representative of the Collier County Builders Association Mr. Voss stated that he would like to leave the membership open in case it is decided that there should be other people appointed. Comaissioner vo.. moved, .econded by eo..i..ioner Holland and carried unanimously, that Resolution 85-252 e.tablishing a long-range Infrastructure Ad Hoc eo..ittee be adopted and the above-referenced repre.entatives be appointed. NJ'Œ: IXX:tH:NT OOT RF.ŒI.VED m c:.Em{ ro BOARD OFFICE AS OF 12/9/85. aODK 091 "'-:f 61 ~. . ~ ";¡; , ~ I> ~ Page 10 ,,' am 0911'vI. 62 I tea n 3 November 26, 1985 RESOLUTION 85-253 AUTHORIZIRG THE HOUSING FINANCE AUTHORITY OF MARION COUNTY TO OPERATE WITHIN COLLIER COUNTY AND AUTHORIZIRG THE HFA OF COLLIER COUNTY TO ENTER INTO AGREEMENTS WITH THE HFA OF MARION COUNTY FOR "!'HE ISSUANCE OP' BONDS FOR THE PROJECT KNOWN AS BELVEDERE - ADOPTED Donald Pickworth, Attorney for the Housing Finance Authority, stated that he is asking for two approvals, the first is approval for the Housing Finance Authority to authorize the issuance of not exceeding $8,000,000 of revenue bonds for the purpose of constructing an apartment project and secondly to authorize the Authority to enter into an inter local agree.ent with the Marion County Housing Finance Authority to actually issue the bonds. He stated that this i. very similar to what has been done in the past with some of the single family issues that have relatively s.al1 projects, adding that by combining small issues in óeveral counties a larger issue can be put together to reduce the issuance cost across-the-board. He stated that this is the same thing on a multi-family issue. He noted that the project is a 192 unit apartment project which is located at the Ouail Run Country Club off pine Ridge Road. He stated that the Housing Finance Authority held an advertised public hearing on this project and approved it. In answer to Co.missioner Hasse, Mr. Pickworth stated that there are five projects in the offing in Collier County, adding that he does not know how many of them will end up being financed. Mr. Pickworth stated that the initial owner and developer of the' project is a limited partnership known as Naples ASßociates, Ltd. and the actual developing entity is Beacon Properties, Inc. from the Tampa-Clearwater area. In response to Commissioner Hasse, Mr. Pickworth stated that the projected need in this County is around 800-900 units per year over the next five years in addition to the current shortfall for this type of housing. Commissioner Voss stated that the needs in this County for housing for young people that are working for a living has not been met. In answer to Commissioner Hasse, Mr. Pickworth stated that the apartments begin at 750 square feet for the one-bedroom units and go up to 965 square feet for the two-bedroom two-bath, adding that the rentals are from $400 for the one-bedroom unit up to $550 for the two-bedroom deluxe units. He stated that this is not low-income housing, it is moderate income housing, adding that low-income housing Page 11 ~ - - - - .. November 26, 1985 is direct government grants. Re stated that this housing is for the average working person. Co.missioner Voss 8OVed, seconded by co..issioner Goodnight and carried 4/1, (eoaaissioner Has.. opposed) that Resolution 85-253 authorizing the Housing Finance Authority of Marion County to operate within COllier County and ~uthorizing the Housing Finance Authority of Collier County to enter into agre..ents with the HPA of Marion County for the issuance of bonds for the project known as Belvedere be adopted. -;:. J . '," ':j .~ : ,(vt~ 'i; . ! ~ " ,~ ~. ',.f !OOK 09I'Jr.f 63 Page 12 .._._-"'_.....__""_~_.. -~" -"'_.'·'··_"'·~"~~_''^'''''''''-''''"'~""'''''_''''''''''''_·__'''·'_'''!4'''"-¡H_,....'..".iI-___...~..._",'.,"""···I·d·.' - - .. November 26, 1985 .~ ..... Co..issioner Holland aoved, seconde4 by Commissioner Vo.. and carried unaniaously, that the following ite.. under the Consent Agenda be adopte4 and/or approved. ..... He. U4 EXCAVATIOR PERMIT RO. 59.225, YOLANDA M. JAEGER, TR. SEC. 10, T49S, R2SE, NORTH SIDE OP' PINE RIDGE RD., BOUNDED OR THE EAST BY NORTH NAPLES INDUSTRIAL PARK - SUBJECT TO STIPULATIONS l. No excavated material shall be removed from the project site. 2. Off-site discharge of groundwater during construction shall b. only through approved discharge structures after water quality treatment approved by the County En9ineer~ t 3. All lakes with top-of-bank setbacks less than thóse stipulated in COllier County Ordinance No. 80-26, Section B.A, as amended by Ordinance No. 83-3, shall be fenced in accordance with Section 8.0 of said Ordinance. 4. This approval is subject to the Board of County Commissioners approval of the Subdivision Master Plan for this project and compliance with the Subdivision Regulations prior to the issuance of any permit to perform the excavation. H.. U5 EXCAVATION PERMIT RO. 59.226, REGENT PARK POD, SEC. 25, T48S, R25E, SOUTH SIDE OP' CR-846, APPROX. 1/2 MILE EAST OF AIRPORT ROAD - SUBJECT TO STIPULATIONS l. No excavated material shall ~. removed from the project site. 2. Off-site discharge of groundwater during construction shall be only through approved discharge structures after water quality treatment approved by the County Engineer. 3. The depth of the excavåtion shall be limited to elevation -2.0 feet n.g.v.d. Ite. U6 WARIWITY DEED PROM MAJtINO PASSERO MiD ROBER'1' A. UTZ, D/B/A P . It ASSOCIATES FOR RIGHT-OF-WAY RE WIDENING OF S.R. 951 B!'1WEEH U.S. 41 AND MARCO ISLAND s.. Page& '7 R - .f~ Ite. U 7 STAFF TO HEGOTIATE WITH ECKARD F. SCHOLLS OP' OIL PROPER'1'IES TO DEVELOP AN OIL LEASE AT THE IMMOItALEE AIRPORT BODK 091".-;£ 67 ..' 'JI\}; ....·.e'..""...~...._,______~~..,..'~.·,.,., ,~. .t '. ¡, a~o( OQ 1 ~)'.{ 68 It.. ,'18 November 26, 1985 ACCEPTANCE OF ON-SITE SEWER AND WATER FACILITIES CONSTRUCTED TO SERVE THE TANGLEWOOD II SUBDIVISIOR - SUBJECT TO STIPULATION l, The legal documents submitted ~ust be found to be legally sufficient by the County Attorney's office for acceptance by the Board. O. R. Book !!!!L Pages 2252-2270 It.. 119 AGREEMENT WITH BARCI.AY· S CAPRI POIN'l' RE INTERIM ON-SITE SEWAGE TREATMENT FACILITIES TO BB CONSTRUCTED TO SERVE BARCI.AY· S CAPRI POIN'l' AND MARCO TOWERS PROJECTS, COØ1rECTION TO COUNTY'S OFF-SITE SEWER FACILITIES, AND PAYMENT OF ALL WATER AND SEWER SYSTEM DEVELOPMENT CHARGES - SUBJECT TO STIPULATION l. The Agreement document is found to be legally sufficient by the County Attorney for acceptance by the Board. See Peg.. ?.3- r6 Ite. .20 EXTRA GAIN TIME FOR INMATE ROS. 25377, 41033, 48234, 4697l, 36334 AND 46782 Ite. .21 MISCELLANEOUS CORRESPONDENCE FILED AND/OR REFERRED There being no objection, the Chair directed that the following correspondence be filed and/or referred to the various departments as indicated below: l. Letter dated ll/06/8S from Ernie Padgett, Chipola Junior College, re General Revenue Sharing and enclosing a question- naire, policy Options. xes Don Lusk, Jim Giles, Lori Zalka/ w/envelope for reply and filed. 2. Letter dated ll/0l/SS from Tom Lewis, DCA, advising of public hearing re proposed amendments to Florida's Federal Fiscal Year 1985 Final Statement of Objectives and Certifications. xes Pam Brangaccio: Vickie Mullins and filed. 3. Memo dated ll/l2/AS from Tom Lewis, DCA, regarding Coastal Building Zone ~ Building Code Requirements. xc: Don Lusk, Pam Brangaccio, Dr. Proffitt, Vickie MUllins and filed. 4. Letter dated ll/OS/8S from To. Lewis, DCA re Proposed Rule 9B-36, F.A.C., Economic Development ~nd Commercial Revita- lization Categories and advising of public hearings. xc: Pam Brangaccio, Vickie Mullins and filed. :' i ~, !¡' ; ¡ 1·~: ,¡,. ; t~'; 'It ;:...4 It'> i, ~ ".,,'L ~, 1. ".M - - - - .. - November 26, 1985 5. Letter dated ll/13/8S from Deborah L, White, Environmental Specialist, DER, enclosing application File No. lllll6919, R. K. Realty of Florida, Inc, for a dredge and fill permit. XCI Vickie Mullins, Dr. Proffitt and'filed. 6. Copy of letter dated 11/01/85 from Elton J. Gissendanner, DNR, re DNR File No. 74-7S-V-40, Richard A. Polan, proposed con- struction of a single family residence at Barefoot Beach. XCI Pam Brangaccio, Vicki. Mullins and Dr, Proffitt1 Filed. 7. Copy of Workshop Agenda dated ll/l2/8S from DNR regarding rule-making that will affect Chapter l6Q-2l, Fl. Administrative Code, Sovereignty Submerged Lands Management. xc: Vickie Mullins and Dr. Proffittr piled, 8. Memo dated 10/30/85 to County Manager Don Lusk from Fiscal Officer Jim Giles regarding Collier Soil & Water Conservation District Lump-Sum Disbursements. Filed. 9. Notice of Appeal dated 11/12/85 from the Land and Water Adjudicatory Commission regarding Development Order No. 85-4, Parklands. XCI Pam Brangaccio, Vickie MUllins and filed. lO. Agenda dated ll/19/9S from the Land and Water Ad1odicatory Commission regarding Berkshire Lakes Development of Regional Impact. xc: Ken Cuyler, Pam Brangaccio, Vickie Mullins and fi led. ll. Pinal Order of Dismissal and Notice of Voluntary Dismissal dated ll/lS/8S from the Land and Water Adjudicatory Commission regarding Development Order 85-2 and Ordinance 85-15, known as the Vineyards. xc: Pam Brangaccio, Vickie Mullins and filed. l2. City of Naples minutes of 10/16/85. Parks & Recreation Board aqer.ja for 11/21/85. CCPC minutes of lO/3/8S, lO/17/0S and aqenda for 11/21/05. Filed. l3. Letter dated Il/13/85 from Robert L. Patton, Controller, Dept. of Tax Collector, advising of distribution of Current Ad Valorem Tax and attaching a distribution recap øhowing year to date totals for 1983/84, 1984/8S and 1985/86. xcs Lori Zalka and filed. l4. Letter dated ll/07/8S fro. Jam.. E. Sheppard, DOT, enclosing the original and two copi.s of a Grant Offer, AlP Project No. 3-l2-003l-0l, for the Immokalee Airport, in response to Application for Federal Assistance dated 7/28/84. xc: Rick Reineke w/originals, Piled. ..... Rece.s. 10s05 A.M. - Reconvened. ll30 P.M. ..... 80DK 0911'~r,[ 6.9 Page lS '-~-"""--""-.~~-"'-'-"""''''- '·~'"'""'·"'~____',_""_"""...",__",....""_""""-,_"".......,"_..,~_,·o·,,~,__,,,,,,·_;¡."......~_"-",',.""'",,....'."".~'i..."," .... " :¡ ¡ I~ ¡: ·<~;I}\ f. ,'". '4Ii...'¡ ...~, I, -' (,' . 11 {....~ ~ .. '...", , ' ,e ~ "11", ~ . : -.t.~' fÁ" ~ 091,.r.t 70 'rape '4 Ite. .22 REPORT BY RESOURCE RECOVERY NEGOTIATIRG COMMITTEE Nove~ber 26, 1985 Com~issioner pistor indicated that this item will simply be a report on the status of the negotiations for the resource recovery project by the Resource Recovery Negotiating Committee. County Attorney Saunders stat~d that Dave and Susan Fischer have served as the financial advisors and they will address the various financial aspects and the implications of resource recovery from a financial standpoint for Collier County. He stated that Mr. William Hontrone of paineWebber, who were selected as the underwriters, will address the Commission. He stated that Mr. Montrone has been assessing the impact of interest rate, inflation, reductions in revenues from the utilities sales and other variables that affect the tipping fee that the County will be paying if they go forward with the resource recovery project. He stated that, additionally, paineWebber has agreed to defer their fees associated with the issuance of industrial revenue bonds that will be sold and held in escrow pending completion of certain conditions preceding the project. He noted that both Dravo and Shawmut-Westinghouse have agreed to pick up any other cost of issuance associated with that escrow closing, adding that it is a tremendous benefit to the County that paineWebber has agreed to assume that risk of the cost of issuance. He stated that Tom Giblin, the Bond Counselor, has agreed to assume that risk by deferring any fees that he would earn until the County actually has a project that goes forward. He noted that Hr. Jerry Aron is present who is with the firm of Gunster, Yoakly, Criser and Stewart, who has been retained to assist in the negotiations. He stated that Dr. Sto~es has provided invaluable assistance to the negotiating team in helping with certain technical and financial issues. He stated that the purpose of this meeting is to aprise the CO~~issioners of the status of negotiations and not to indicate in any way, any preference towards a particular vendor, adding that they have not yet reached that point. He stated that during the next week, the negotiating tea~ will have a meeting with the Citizens Advisory Committee at l:30 P.M., December 2, 1985, adding that the purpose of that meeting will be for the negotiating team to evaluate the two proposals and to ta~e a vote for a recommendation to the County Co~mission. He stated that the Commission will be presented with that recommendation on Tuesday, December 3, 1985, at l:30 P.M. He stated Page 16 - ;,.._..",...,,,,,~"^,,,.,~,,,,.,---".,,,-,,,,,-,._,,,,.,.< -. ,"".... - - - November 26, 1985 that the purpose of this meeting will be for the Commissioners to make a decision as to the vendor. He stated that he would like to have Messrs. Cave Fischer and Bill Hontrone discuss the financial implica- tions ~f this project as to how the deal will be structured and how the tipping fees will be calculated. Mr. Fischer stated that it is the responsibility of paineWebber, the investment bankers, to get the issue in place by the end of the year, He stated that if everything goes correctly, the bond issue should close approxi~ately December 20, 1985. He stated that to have a permanent bond issue, it will include validation and permitting and there will be an escrow financing which is where the money stays put in an escrow account. He stated that if something should happen in the ensuing months after December 20, 1985, and if for some reason the project would be abandoned, that money would payoff the bonds at that time at no loss to the County. He stated that the financing will be between S-l/2 to 6' estimated, at the time the bonds are in place. He ~tated that the DOney will be invested in government bills that will exceed that rate. He stated that money cannot be made off this transaction, but expenses can be covered. He indicated that as far as financial feasibility of this program, paineWebber has set up a financing program through the computer which has tried to compare the two companies on the same basis. He noted that there would be a comparison on the tipping fees next week to determine which is the better deal as far as tipping fee. are concerned, plus the other risks that are involved depending on the vendor. He noted that the tipping fees of this project under both vendors provides the County with a tipping fee u~Jer today's condition of about 20' less than if there was a totally public facility. He noted, therefore, that tipping fees would be in line or lower than the rest of the State's resource recovery facilities that have been built to date that have not privatized, adding that this indicate. that the route that the is taking is the proper route for the residents of the COunty. reported that there are three figures involved to COme up with a tipping fee: l) the DOney that is earned at the plant by the generation of the electricity: 2) the figure that is earned from the electricity which is subtracted from the cost, which is the total of the debt service of the bond issue and the operating fees: and 3) the figure that is left which is divided by the amount of t~ns that goes into the plant in a given year, which becomes the tipping fee. He stated that been County He aoo( 091 PAr,[ 71 Page 17 "" ~"""""",,-<>~~,,,..,,.,>~~'''''''~-'''''''-''-'' ""~'.~~"-_' ,·.··.,.,·"",_,...".·.."',,""""'''u...__...'''_____'''''-,__ ."... _'__""""","'1";"" , t"' 1m 091,.,.[ 72 November 26, 1985 the tipping fees are being based on both vendors on a variable rate of 6-l/2', adding that if the market was right at some time in the future, a fixed rate could be obtained. He stated that a variable in the figures is the electric revenues which has certain risks to it in that the County is paid by the local power company. He stated that there has been a lot of work and a lot of thoughts that have gone into the numbers to try and determine what the tipping fee will be, adding that the County looks very favorable compared to other facilities. In answer to Commissioner Voss, Mr. Fischer stated that if the amount of money that is arbitraged exceeds the expenses, then that money has to be turned into the Federal Government. Mr. Montrone stated that both'contracts are very similar in terms of the sharing of risk and neither the County nor the vendor will guarantee repayment of the bonds in this financing, adding that it will be a series of limited obligations contractually based on both parties, the County and the vendor. He stated that from the vendors side, they will guarantee that on a date certain and for a fixed price, a plant will be built that will meet certain performance guarantees that they will enter into with the County. He stated that if the completion date is not met, it is not the County's responsibility to pick up the debt service on the bonds, it is the vendor's responsibility. He indicated that in addition to this, the vendor will give long-term guarantees in terms of the amount of kilowatt hours that they will produce from each ton of waste that they process at the plant. He noted that there is also the through-put guarantee, how many tons per year that their machine will process. He stated that this is important because the service fee will essentially be based on the debt service plus Ohm minus the energy revenues and the County needs to know that they will get a certain level of energy revenues depending on what the price is. He stated that the one variable that is shared to a certain extent with the vendor is the price that the County receives for the electricity revenues. He stated that the County does not have to worry about the level with which the vendor is able to produce kilowatt hours from the ton of waste that he is processing, adding that it is a guaranteed amount and if he is unable to process to his guarantee, the tipping fee that is payable from the County, through the service agreement, does not go up. He stated that this money would have to come in from the vendor and if it did not, the hondholders would be holding an instru- ment that may be insufficient to repay bonds and they could not look - - - Page 18 - .. .. November 26, 1985 back to the County nor could they compel a general tax empower of the County to make up for those deficiencies, He noted that another primary guarantee that the vendor will give i. that a date certftin, a certain amount of equity will be credited to the project, adding that in this case it is ran9ing between 20-25'. He stated that a credit worthy guarantor will be obtained to guarantee a timely infusion of that equity so that it would not be a County risk or a bondholder risk. He noted that in terms of the venüor guarantees there has to be compliance with environ~ental laws, adding that if the State finds that it does not meet the environmental requirements after it starts operatin9 that is not a COunty risk, it is a vendor risk and they would have to pay to bring everything into compliance. He noted that the primary risk and responsibility of the County would be providing a site for the facility, providing a backup landfill that would be used for the residue that is left over from the burning process of the plant, and guaranteeing a certain minimum level of waste that would be delivered to the plant. He stated that if the County did not provide the waste and the guarantees it would still have to pay as those it did. He stated that there are certain other uncontrollable events that would fall both to the vendor and to the Cocnty, adding that in a broad sense this is primarily the type of credit structure that bondholders will look to when they make the decision as to whether or not to lend on a project like this. He stated that for the most part, they have been successful in structuring the credits so that they fall into the "A" category in terms of a bond rating which is important because the cost of capital, the debt service on this project, i. a pa.s-through for the tipping fee and the County want. to ensure that they get the lowest cost of capital possible. County Attorney Saunders stated that the negotiations have moved very rapidly and with regards to the environmental law, it has now been arranged with both vendors that there is a sharing of that risk and on the tipping fee, it is not a fixed tipping fee as there are various variables in that analysis. H~ stated that inflation is assumed to be 4' per year and the interest rate on the bonds has been assumed to be 6-l/2' and the price per kilowatt hours has been assumed to be 6.12 cents per kilowatt hour in the first year of operation And then an escalator on top of that. He stated that if the COunty falls below the escalator, the tipping fee will be adjusted upward to reflect that. He noted that tipping fees could vary depending on what happens with th9 aDaK 091 PAr,t 73 Page 19 , ,;. J aDO( 091"Ar,l 74 November 26, 1985 three var !ables. Commissioner Hasse questioned what impact this tipping fee would have on insufficient tonnage of solid waste, to which County Attorney Saunders stated that in effect, the County is guaranteeing to the Co~pany what is equivalent to the ðebt service and the operation and maintenance cost less the revenues fro. the electricity sales. Mr. Saunders stated that if the tonnage falls below the guarantee of 420 tons per day, the County will still pay the full debt service and the full operation and maintenance cost, which means the price per ton goes up but the figure re.ains the same. In answer to Commissioner Voss, Mr. Saunders stated that the facility will be able to burn wood chips, tires, stablized sewage sludge and municipal solid waste. Commissioner Holland questioned if the fuel adjustment cost has a direct effect on the kilowatt hour cost, how much would the tipping fee vary? County Attorney Saunders stated that some calculations were made on that, adding that if S.l2 cents per kilowatt hour was received that would have the effect of adding $6.00 per ton to the guaranteed tipping fee. He stated that the tipping fee i. very sensitive to the electri- city rate. He noted that because of the various variables that go into calculating the tipping fee, it has been inserted into the contract. that if the initial tipping fee is above a certain number then the County Commission has the right to say that it is going to be too expensive and the deal is off, which i. a condition prior to proceeding with the contract. He stated that after the plant is in operation, the County will bear the full risk of the utility rates being lower than the chart that was provided to the vendors. Mr. Aron' stated that there is also another condition placed in the contract in which it is £3id that prior to closing, an agreement has to be entered into with the utility company over a long-term period to protect against that type of problem. He noted that the County is beginning to negotiate with Florida Power' Light at the present time to try and come up with a long-term contract to stablize the risk that is being referred to, adding that if a contract cannot be negotiated with FP&L this is another way out that the County has under the contract if they choose. County Attorney Saunders stated that prior to Tuesday'. meeting, he will try and have so~e information on the negotiations with regar~s to FP&L and the tipping fee. Page 20 .. .. .. .. .. .. , November 26, 1985 In answer to Commissioner Hasse, Hr. Saunders stated that it is the responsibil:ty of the vendor to make sure the plant operates at its .aximu. rated capacity. Tape 15 County Attorney Saunders stated that the companies are bearing full ri.~ of the facility not .eeting its guaranteed performance standards. He noted that it is assumed that the Coun~y's waste stream will escalate over the 20 year period and both plants are designed so that eventually the County will be supplying 100\ of the fuel to the facilities. Commissioner pisto~ indicated that public comments would be received at next week's meeting. Ite. 123 PRESENTATIONS BY ENOIREERIlfG CORSULTANTS FOR ROADWAY DESIGN PROJECTS. ROAD DESIGNS FOR PORTIONS OF C. R. 951 - AWARDED TO HOLE, MONTES " ASSOCIATES. ROAD DESIGRS FOR RA'M'LESRAKE HAMMOCK ROAD - AWARDED TO WILSON, MILLER, BARTON, BOLL" PEEJt, INC. ROAD DESIGNS FOR RADIO ROAD .:. AWARDED TO AGNOLI, ASSAAD, BARBER, AND BRUNDAGE Assistant County Manager Dorrill stated that this is for the presentation and consulting selection on the three road design projects. He noted that the projects have been placed in terms of priority to designate the three different jobs. He noted that there are five firms that will make presentations and then he will as~ the Commissioners to vote for their preference for Road priorities Il, 12 and .3 on separate ballots. He noted that each time a firm is chosen they will be deleted from the list, so that no firm will be awarded more than one job. He indicated that the roads that are to be awarded are portions of C.R. 9Sl, Rattlesnake Hammock Road, and Radio Road. The following firms gave a presentation listing their qualifi- cations, experience, background his~ory, and their project teams that they would use if their firm were selected for one of the road design projects I Agnoli, Assaad, Barber and Brundage, Inc. Flood Engineers Tape 16 Tap. t7 Hole, Montes and Associatns Johnson Engineering, Inc. Wilson, Miller, Barton, SolI" Peek, Inc. Assistant County Manager Dorrill distributed the ballots for voting for the road designs for portions of C.R. 9Sl. Upon completion and collection of all ballots, he indicated that the road design for &001( 091 PIr,l 75 Page 21 ,.'-.....".,...-,...",'....-""...,.","."""....,.., ",,-'-_._._-'.'-""""----~.... .,¡I aOOK 091 n~.{ 76 portion. of C.R. 951 would indicated by the following Commissioner Voss Commissioner Has.. Commissioner Holland Commissioner Goodnight Co.missioner Pi.tor November 26, 1985 be awarded to Hole, Mont.. ~ A.sociates as vote of 3/2t Hole, Monte. ~ Associate. Wilson, Miller, Barton, So11 , Peek Wilson, Miller, Barton, Soll , Peek Hole, Montes , Associates Hole, Montes . As.ociate. Assistant County Manager Dorril1 distributed the ballots for the road designs for Rattlesnake Hammock Road and collected same upon completion. He indicated that the road design for Rattlesnake Hammock Road would be awarded to Wil.on, Miller, Barton, So11 , Peek, Inc. as indicated by the following vote of 4/1t Commissioner Voss Wilson, Miller, Barton, Soll , Peek co..issioner Hasse Johnson Engineering, Inc. Commissioner Holland Milson, Miller, Barton, Soll ~ Peek Commissioner Goodnight Milson, Miller, Barton, Soli' Peek Commissioner Pi.tor Wilson, Miller, Barton, 8011 ~ Peek Assistant County Manager Dorrill distributed the last ballots for the road designs for Radio Road and collected same upon completion indicating that this road design for Radio Road would be awarded to Agnoli, Assaad, Barber and Brundage, Inc. as indicated by the following vote of 4/lt Commissioner Commissioner Co..issioner Co.missioner Comllissioner As Assistant County Manager Dorril1 passed out another ballot, stating that a final vote is needed in the event that the County is unable to negotiate a contract with the firms that have been awarded the road designs and in such a situation, he would come back to the Commission to receive authorization to negotiate a contract with whatever fir. is selected as the back-up firm. He stated that the firms that are eligible to be a back-up are Flood Engineers and Johnson Engineering, Inc. Upon completion and collection of the ballots for the back-up fir., Flood Engineering was selected a. indicated by a vote of 3/2r COllmissioner COmmissioner Commissioner Com.i ssioner Commissioner Voss Hasse Holland Goodnight Phtor Vo.s Hasse Holland Goodnight Phtor . . - Agnoli , Johnson Agnoli , Agnoli , Agnoli , Assaad, Barber , Brundage Engineering, Inc. Assaad, Barber' Brundage Assaad, Barber , Brundage A.saad, Barber . Brundage Flood Engineers Johnson Engineering, Flood Engineers Flood Engineers Johnson Engineering, Inc. Inc. . . . . . - .. .. .. .. " November 26, 1985 There being no further bu.ine.. for the Good of the County, the' meeting was adjourned by Order of the Chair - Time. 3.15 P.M. BOARD or COUNTY COMMISSIONERS/ BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL ATTEST. WILLIAM J. REAGAN, CLERK ,~~::\)u A Á.¡ , ,.....'"..... '~'.. ";,~ ...;. '/·¡I'-(ð-· ~~/~/?t/.r se, min t~es ~ed \ "'-r "pre~~'lted ~,. or .,. "". '~;;ìí\~\~t, BCC on a. corrected .- ~OOK 0911'1r.t 71 Ø/;¡- ;;~L t'J ~ ~rr r'/~' , , ì' ~~ I 1 ~ . - . ¡: .. as ", ,~ Page 23 i~"~";'; ~,~r. " . ,. i :~1'~1 Lf~;'.:( .,<-;' r; 'j) ~ r"!li ., ..