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BCC Minutes 04/17/1984 R ,. ,. . ""_"~,,,,,,_,,,,,,",,,",,,,,,,""~,_,__,,,"....-.._".....~,,,,,..;....,..__..,,~_",""'. "'01 "". ..._ .,,'",.....'.,,_. .M.~"'-·"'''·~'"''''"''''v" 1"___ ",._"'_..".'.M..""..·"·.......-·__·~""',...-"·,·~'>· ...,.-...,..".-,.,-......,...------- ~.,_.........._--,---"--,-"",-,,,,,,,,,,,-,,,-,,,,,,,,,",",...~,,,...-".-" ,__.._,...M''''''",'_~.M''''''---'_'''_''_·''__'__· .---- ---- - - -- -- --- - - -.. - - ------- - ----- ------ I~OK .081 w: 278 l>.pril 17, 1984 It.. 14 RESOLUTION 84-75 RE PET. CCCL-d4-lC, C. M. COURTNEY RE VARIANCE FOR LOT 2, BLOCK 389, MARCO BEl>.CH UNIT 2 - ADOPTED Legal notice having been published In the Naples Daily News on April 1, 1984, as evidenced by ^Efidavit of Publication flIed with the Clerk, public hearing was opened to considor Petition CCCL-84-lC, filed by C. M. Courtney, agent for Neil ßahr, requesting ð variance from the Coastal Construction Control Line for Lot 2, Block 389 Marco Beach Unit 12. Dr. Bonp,dict said this petition is for the construction of a slngle family residence and a pool a maximum of 68 feet seaward of the Control Line. He referred to a map on an overhead board and indicated the location of the property in the vicinity of Tlgertail B~ach and said there are seven filled and seawalled lots that are diaected by the Constal Construction Control Line. He said that owners of those lots have asked about the restrictions of bullding on their property and the ~roblem of having to get a Coastal Construction Control Line variance for property that has been platted, filled and seawalled. lie sald that Deltona requ~Bt.d the investigAtion of the posslbility of either moving the line ~r granting a blanket variance for those properties. Be said thðt the DNR is going to conduct a re-study of the Coastal Construction Control Line in Colll~r County to see where it has to b. mov"d, however, this cannot be done for at least a year. He said it is the polley of DNR that they cannot endorse moving th~ line in any part of the County until the r~-study is completed. He recommended that vðriances under the normal variance procedure be granted for the~1 lots. He said, ~n th! situatIon, tho property is about tt. 'urthest from the Gulf of anywhere in Collier County and it Is in an area, through development of the lots, where there is no vegetation present. He r"..;ommended granting this varionce. pag_ 4 _ _ _ _ _ _ _ _ _M ø_M _ _ _ __ _ - - - - - - - - - - - - - - - - - - - - - - - - --- r::=J r:-- ) ..- =..~ -,----,----,-,,,,,,,,.,,..- _...,.....,-"._...-""-~..-=,-"'-~,_....,_.. _....--..-,~-,.~._...".,,*.-~""'--',.,_...,'---'- .~~--"'_...-"'..-,..--~'*'-,~".".,.."...~_.... .., ç;;:::¡ ~ ~ r::-:--\ ~............. -- - - - -- - - - - - - - - - - - - -- - - - - -- - - - - - - - - - -- - - --- April 17, 19B4 It.. 5 COMSIDERATION or ORDINANCE ~ESIGNATING AUTHORITY IN EVENT or A NATURAL OR MAN-MADE DISASTER - CONTINUED TO MAY B, 1984 Legal notice having been publlshod in the Naples, Dal:,. News on March 29, 1984, /IS evidenced by Affidavit of Publ1cat{')n filed with the Clerk, public hearing was opened to consider a propoDod ordinance designating the officiJI with authority to declare a state of emergency in the event of a naturJl or man-made disaster. Publ1c Safety l>.dministrator Dorrill said the proposed ordinance is patterned after a similar ordinance prQpared by ~Ioblle County, ^labama after Hurric..ne David hit that County. lie s.,Id as a result of changes In the Florida Statutes, local units of governments are empowered to declare local states of emergency or formal declarations of disastor. He said thðt counties m/lY retain tho right to have the Chairman or a designated ind ivi ,~u/ll declare the !Jtate of emergency In the absence of a full Board or without having an emergency session called and advertIsing requIr~m.nts to not:fy the press under the Sunshine Law, He said that ~he proposed ordinance will allow the Chairman, VIce Chairman or County Manager to declaro a loc~l state of emergency for the purpose relating to public safety matters which concern ~u5pending or li"ltlng the sale of alcohol or combustibles or firearms, establishIng curfews, where a disd.ter or civil disorder has occurred and allow the County to expend funds IInd enurgy Jnd tQ utilize the resourcos of the County on bQhalf of an emergency. He said that the final portion of the ordinance provides for laws that would protect the County as a result of a disaster in an emergency period where only licensed contractors could enter into the County to assist In rebuilding homes or selling various e~pendable commoditie.. Responding to Chairman Brown, Mr. Dorrill said that the same poople who Invoke tho ft~~rgency would be able to declare the end of an emergency. &OO( 081,.,,, 283 Pllgo 6 ---------- - - ---- --------------------------- JlECOaDD'I KDlOI JAibi111)' f' ", wrtdq, 'IJpfa¡ « Priat1ftc _ÙIOl~ iA IMo ""_I wb. ..-I-L ¡tj,( ~,-~,~: ,.....-- ,. ....~" ';. ,,<t- ~ >~, ~,~. µ~OtIAf ___"n_' ------------------------------------------ 081~7:284 ^prll 17, 1984 County ^ttorney Saunder~ emphasized that the power conferred in Section 5 also incorporates alA of the powers authorized by law and that the BCC, if available, can call the emergency and terminal~ the emergency. Deputy Chief 8.!Irnett stated that the Sheriff's Department has had no input into this ordinance and that there is no definition of the word "emergency". lie said that tho Sheriff's Department would have objection to having anybody but an elected official declaring an emergency. 110 Baid that the Sheriff's Department handles emergencles on a day-to-day basis and does not feel that anything moro ls needed than Chapter 252, which spells out what is in this proposed ordinance. Clerk Roagan expressed his concern on Section 5, Item C which statol if the County Manager choose. he could declaro An emergency and expend up to $50,000 with no approval from a designated official. He laid how an emer9.n~y is determined øhould bø of concern .nd at.ted ~ would have seriou3 problem5, by the powers of authority and laws that are placed on the office of the Clerk, to expend up to S50,000 with no authorlty of the BCC. Coaaissioner Pistor moved, seconded by Commissioner ~rus. and carried unanl.ously, that this item be continued to Hay 8, 1984. Mr. Dorrlll statocJ that ð copy of the Flar1da L/lw, for which thill proposed ordinance was patterned, was provided to th~ Sheriff'. Depart- ment and, in his opinion, tt'>ey have had ample time to respond to it. He sðid thðt ~tate Statutes spell out clearly what can be defined as an emergency. /Ie said thðt local ;-:"'lIrds of County Commissioners have the sole authority, through their staff, ~o respond to and coordinate a disaster among all the various public safety agencies. He sðid that while the Sheriff's Department Is solely responsiblo for law enforce- ment In tho unincorporated areas they have no jurlsdiction for fire or hge 7 .___ _____ __~___ __ _ _ ___ _ ____ __ ______________t c::::J r-.-'''7I ~ ~ "I ,~__,__,__~._"" "'-'-'''''- ----_.._"".--";".,......,."",_.- -......,. ,_.._.......~.._~..",..."...._._- .",_._,---,.-.-..-- ""'''-''''''''-'',,",,''''-;''--'-'-~'''~-'''''--- "--.--..----....."....... "4 p 1"'_·_;""-'--"~---·· ---""...,--,,,,,,.-_,-,~~.~.-.,,.---,, ,..---.--,...,..----'-"'.. '-""~-""'-' -""'.,"'''-................--. ..,,'--_.~..,.., ~_\_--,...._~_.'".,>... ",--",--_.....--., -- 081 flé·! 300 - - - - - - - - . - - - - - - - - - - - - - - -- - - - -- - - --- ^pril 17, 1984 Pine Ridge Road project ~fom 1-75 to C.R. 951 first. Commisøioner Holland ~oved, seconded by Commissioner plstor and carrIed unanimously, that Hole Montes and Associates, Inc. be ranked 11 for the Pine Ridge Road project. RUllponding to Commissioner Holland, Mr. lIartmðn Baid, If Stlllff is not successful with the negotiations with the II firm, they would return to the ncc and ask permission to negotiate with tho 12 firm. Commissloner pistor movud, seconded by Co~mlssloner VosS and carried unanimously, that Brownell-Connell ba ranked 12 for the Pino Ridge ROllld project. Commissioner pistor moved, seconded by CommissIoner Holland and carried unanimously, that Wilson, Miller, Barton, SolI and Peek be ranked '3 for the pine Ridge Road project. Coaœlssioner Kruse moved, seconded by Commissioner Holland and carried unanimously, that Wilson, Miller, narton, 5011 and Peel. be ranked '1 for the Golden Gate Boulevard project from 1-75 to C.P.. 951. Commissioner Kruse moved, seconded by Commissloner pistor and carried unanimously, that Fl~od Engineers be ranked '2 for the Golden Gate Boulevard prcject. Co..issioner pistor moved, seconded by Com.is.loner Voss IIInd clllrried unanimously, that Brownell-Connell be ranked 13 for the Golden Cate Boulevard Project. Co_issioner pll1tor movod, secone'ed by COlMlisøioner Holland ané1 carried unanimously, that Wilson, Miller, Barton, SolI and Peek be ranked 11 for the l>.irport-Pulling Road project from Coygar Drive to David C. Drown Highway. Commissloner Kruse moved, .econdeð by Commission~r pistor and carried unaniaously, that Hole Montes and ,.,.sociates, Inc. be ranked 12 for the Airport-Pulling Road Project. PAge 15 - - - - - - - - - - - - - -- - - - - - - - - - -- - - -- - - -----' r:::::J c::::J r::J3 ...-....'_..~.,,~~,~'_.~> ... .~. .~,-.~"","'''~"- ~ c:.:J c::::¡ - - - - - -- - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - --- l>.p ril 17, 190 4 Co~~i..ioner ~rv"e .oved, .econded by Commissioner Holland and carried unani.ously, t'~t Flood Engineers be ranked 13 for the Airport-Pulling Road Project. Mr. Hartman alked if the BCe' ]'Heod with tho cost limit:ðtion set for t.he project that Staff In'tudod in the Executive Surnmary dated 4/10/04? II. explained that Staff asked for the amount that the consultants would pay their people to do thu work and that Staff used their own man-hour estimate to arrive at the estimat¡,ó prices. lie said Staff would like to set a limit on prices to be negotiated as indicated in the Executive Summary. Co~issloner Pistor ~oved, .econded by Commis.ioner Kru.., that the BCC approve the .stimates provided by the Staff for the maximum expendable amount for the thr.e projects. Commissloner Holland said he had a problem with thin because the firm that will be nogotiated first would know In bdvance the limit they can go to. He said this way the BCC Is actually setting price~ rather than bidding, and that he would voto! against the motion for that reason. Commi.sioner Kruse withdrew her second. It'll U5 STArr DIRECTED TO OBTAIN PROPOSALS ~ROM AT LEl>.ST TWO SPACE PLl>.NNERS TO PLAN SPACE ALLOCATIONS NOW LEFT FOR THE Tl>.X COLLECTOR, TAX ASSESSOR, ELECTIONS OFFICE, COUNTY MANAGER'S STAFF AND COUNTY ATTORNEY¡ QUl>.RTERLY STATUS REPORT, JUSTICE CENTER EXPl>.NSION - l>.PPROVED Public Safety Director Dorrill explained tho Quarterly Status Report of the Justice Center expansion project. Ii') docunlllnted for official Board rccords three items that relate to Chan~e Orders proces- sed within the 3\ contingency for this particular project, the status of the budget for the $23,000,000 capital Improvement project and II discussion of events for major contracts since the last report and the project schedule. lie said, since the DecembllT Quartorly Status Report, there was a ~ajor addition to allow the foheriff to conotruct II Data &OO( 081 '1'.' 301 Page 16 -------------------------------------------: ~-...- w "'_~,_.."...,~.> ...,,'---...--....-- .' "'..". ...~." ....r"~ '~~ í ,I _ __ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ __ __J 081 tV,! 302 April 17, 1964 procossing Centor ~tthin Building -J- at a cost of approximat.ly $99,000 which was to en from the owner's 5' conting.ncy whlch has bo.n held for owner or occupant-desired extras to the contract amount. He said, with that oxception, Change Ordors processod within the 3' contingency amounted to $157,307 for tho quartor. He said, to date, as a rosult of provious crudlts ðuo the owner, the total Change Orders arO ~pproximately $166,000 which ropresents less than 1/2 of 1\ of the entire project budget. He said that the changos are prlmar1ly struc- tural and mechanical due to eoran, Craig and Schreck, the structure and shell contr~ctor and B , Mechanical Contractorn who are performing the mechanical work on the project. Mr. Dorrill said that Bid Package III on the construction design portion, Phase I, Interior Finishes, was aW/lrdcd to Boran, Craig and Schreck, in the amnunt of approximately l.l million dollars, which was $734,000 under the originally budget amount. He said that "nterior Finishes had provisions for interior furnishingn ~nd several months ago approxim/ltely 1/4 of a million dollars worth of radio equipment was purchased for the Shoriff under the communications allocation within Bid Pack Ill. He caid that the total budget position, at this time, concerning the original budget versus the actual contract award prices places the project approximately 2-1/2 million dollars under budget. He referred to the last paragraph of tho first page of the Executive Summary datcd 4/10/84 which indicates that this amount do.s not reflect the 1/2 million dollars spent for the new telecommunications system, the $250,000 for the asbestos re~ov/ll program and additional funds that ,ere budgeted in tho beginning of this yeur In tho event that the sales tax revenue. did not meet the debt scrvlce projection. Mr. IX>rrlll said, pending tht- Cerllfic/lte of Occupancy, occupllnts will begin to be moved into the new floors in Building "r". He said Page 17 .. - - - - ...- - - -.. - - - - - - -- - - -- -- .- - - - - - - - - - - - - - - - - - -- =:J r J L ~..~-,._-..--. .....__""'M_"'-'"U"__.·_;~_,·" " , . I ·1 I I I I I I I I 'I I I I I I I I I I I I I I I I I I I I I I I I I I I J þ;;;] ~,:-¡ [;::::::J ._------- -------~- ----- ----- --- --- ---- ------ l>.pril 17, 1984 that the Offical Court Rpporter will be the first moved in order to vacato his trailer which ~aB bllen alloc¡¡ted to the Shariff. lie said it is hoped that al] the initial moves can be accomplished within this month. lie sa!:: that no addition/!l time f'xten'liC'ns t-,.,,,!! been awarded . within the l03l5t quarter and th03t the substant.ial completion point of t.he jail romains to be during August, 19114, approximatuly 90 dllYs beyond the original target date. Commissioner Voss said, last ~ek, the ßCC dir.cussed nngaging an architect to plan the space for the Tax Collector, T~x l>.sseasor, Elections Office and County Man03ger's Staff. lie recommended that II space planner be hired to do that plann!ng and allow tho Staff to arrange partitions and not go through choosing an architect which would b. extromoly expensive. Commissioner Holland said, after talking wIth the Supervisor of Llections following last week's meeting, he found that no partitions have to be moved in the facilitiuß that are In existence in the :inance Department. Ho said the only requirement would be a security shutter over the counter for security at night. lie sa Id that I t is possible that Staff has not sought out the needs of the officers in Buildings "C" and "DO to see how much engineering and architectural ~~rk is necessary. lie said it is his understanding from Mr. Virta that there /Ire people !n the Uullding and Planning Departments who /Ire capabla of making the necessary plans to go out for bid [or those two buildings. He said he diu not see the need to consider spending thu money for architectural services for those two uulldlngs and that the needs for those buildings should be investigated before the BCC considers going out for architects. Chairman Urown agreed. Commissioner Pistor rcported on his discussion with Proporty !>.ppraiser Coldin~ who has a plan he would like to discuss with ~r. ~OO( 081 w.r 303 Page 18 . - - - -- - - - - - - .- - - -- -- - - - - - - - - -- - - - - - - - - - - - - - - - -- L . ""."","""....----.--."""""-- ,--_..-...~"'..."<"" r.z=J c::::J r-::::J ------___60-________________________________ April 17, 1984 ItCl. 11 7 PUBLIC HEARING OW MAY 15, 1904. FOR SEWER AnEAS "C" AND "0" _ SYSTEM DEVELOPMENT CHARGES - APPROVED Com.l..ioner Kruse moved, seconded by Commissioner Pistor, thAt A public hearing be authori~ed on May 15, 1984, for Sewer Areas "C" and ·0· - System Development Charges. County Attorney Saunders explained that the title of the ordinance in the Executive Summary dated 4/5/84, may be changed prior to the advertlsoment. He requested that the ncc authorize the Utilities Division to advertise the ordinance requiring system development charg~s in Sewer ^~QðS "C" and "D" without limitations in terms of what is presented to the ncc this date. Commissioner Kruse amend~d the motion, seconded by Commissioner PIstor, that the Utilities DIvision be authori~ed to advertise the ordinance requiring systelll developlllent charges in Sewer Areas "C" And "D" wIthout limitaton. In torms of what is presented to the BCC this date. Upon call for the question, thu motion carried unanimously. Ite. 118 BID NO. 722 RE JOCKEY PUMP AND CONTROL PANEL FOR SEWAGE LIFT STATION I-I IN S£W!R ARf:A "A" - A:.IARDED TO !LLIS K. PHELPS AND COMPANY IN TilE AMOUNT or $6,400 Legal notice ~avlng been published in tho Naples Daily News on March 15, 1904, as evidenced by Affidavit of Publication filed with the Clerk, bids were received (or Oid '722 (or Jockey Pu~p, control panel and installation for ~ewdge Lift Station 1-1 In Sp.wcr Area "A" until 2 : J 0 P. M . April 4, 19 84 . Comai.sioner Kruse moved, seconded by Comllllosionar Pistor and carried unanImously, that Bid '722 Cor a Jockey Pump And control panel with .pecific installation service Cor Sewage Lift Station 1-1 in Sewer ^rea -^- be awarded to Ellis X. Phelps and Company in the amount of $6,400, 8S recom..nded by the Purchasing Director to b. the lowest ~OO( 081 rv.r 309 Paget 21 . ------.-----,.-.---- -._----_.__._.,-..._.-~.. ----..----------- -_._--".~-,,~- -""',,~-,..__..._.;- -------- -- - -- --- - - - ---- --- --- - ----- -------- 081w.~3iO April 17, 1984 responsible bid in the b~st intereet of the County, and that the Chairmen be euthori~ed to sign and the Clerk to attest the resulting Agreement. Item 119 RESOLUTION 84-60 AUTHORIZING SPECIAL COUNSEL TO RETAIN AN EXPERT WITNESS IN REFERENCE TO HARRY C. PARTRIDGE, ~R. AND SONS, INC. PLUS THE PROPOSAL OF WAGNER-HOHNS-INCLISS, INC. FOn DELAY ANALYSIS - ADOPTED County Attorney Saundern stated he distributed a proposed resolution and a lett"r from Wagnor-Hohns-Inglis, Inc. He oxplnined that Attorney Nouchterleln has been retained as Special Counscl to assist Collier County In d~allng with the termination of Harry C. Partridge, Jr. and Sons, Inc. on the Justlc~ Center expansion project. He said that Mr. Neuchterlein has recommended that the County retain an expert to do ^ delay analysis that Involves going back (rom the begin- nlng to the prcs~nt to determine who is responsiblo for what delay. He concurred with Mr. Neuchterleln's recommendation. He explained .hat the County Is holding approximately $400,000 on the Harry C. PartrIdge, Jr. and Sons, Inc. contract and that arrangements have been made with the Surety Company to hold thùt monoy until after the delay analysis is compllHed 50 It .,.,ill be ~nown how much, if any, of the money Is to be turned over to the !;urcty Cúmpany for pllyment to /":r. Partridge or his subcontractor¡¡. lie said that the ostJmðted cost of tho delay analysis in approximately $2G,OOO to 530,000 plus travel cOlts dnd It would take approxim~tely three to five weeks to complete. H~ 3ald tho recommended firm Is ~agner-Hohn5-Inglls, Inc. from Tampa, Florida, adding that Mr. Nouchterleln has used the flrl:1 in the pa!lt. lie Bald that the propo8ed resolution r~quusts ðuthori~ation for Mr. Neuchterleln to r~taln thl. expert on behalf o( Collier County and that the County wil: not be contractually obligated to the consultant. He said Mr. Houchterlein'. law firm will be obligated and that the County will pay directly to Mr. paqe 22 --- ---- - --- -- - - -~_.- - ------.------- ------------....---- ==--1 c:J ~"..""'¡^'1. ---...... c c::::J ~ u";'J:..:I L\"'/ ,] --- - - --- - - - - - -- - -- - - - - - -- - - - -- _. - - - - - - - - - -- April 17, 1904 Neuchterlein for those services. He sAid that the r1prosentðtive of the firm has been hero twice to re\'ew documents in order to derive ð price e~tlmate and he Is ready to como here on April 18, 1984, to bogin the analysis if the BCC approves. lie recomm',·.ed that the BCC ret,"n WAgner-lIohns-Ingllo, Inc. for tho dclay ',:~/]lysis. Responding to Chairman Brown, Mr. Saunders said that if Mr. Partridge were permitted to come back to the job a delay analY91s would still be n~eded because thu job Is 90 to 120 days late and thero are going to be claims filed. Commissioner Kruse expresscd her frustration that "nobody is ever rœsponsible" and she asked If this firm would actually pinpoint wh~re the delay occur rod? Mr. Saunaors said the firm will lct the BCC know if Collier County is responsible (or :3ome of the delay or If /le<:ry Program Management, the archl tcct or ~1r, PilC trldgll are reopon..lblo and will deturmlne how much of tho dulay In attributable to each of thoso ontltlos. Commissioner Holland asked If the County has any recourse to recoup any of the cos t, IInd Mr. Saunders :.ald that It WðS his opinion, that once It is determined that thu contr,}ctor was terminated properly, that the County can recoup the cost from the mcney owl ng to Ha r r y C. Partridge, Jr. and Son:3, Inc. Commi5010ncr Holland oxpressed his concern that the County Is paying ~ management c~mp~ny and they h~ve no responsibility whatsoevur. Responding to Commissioner Holland, Mr. Saundors said he spoke ~ith Mr. Dorrill regarding Mr. Neuchterloin's recommendation thðt an enqinee[ be hired to oversee the completion of this job, and report thðt Statt Is still considering this with a proposal to be forthcnming In the next week or so. Public Safety Administrator Dorrlll explained that he IInd Mr. Saundcrs attended a meeting In TAmpa, this ~ek, with the County's ~OO( 081w.t311 Pago 2) --------------- ---------.- --------- -- ------- ,;.. ~..-_. -----------------------------------------; '~OK 081 w,~ 312 April 17, 1984 Special Counsel and Mr. Partridge, who has rotained Special Counsel. He sAid at that time Mr. Partridge, ,his attorney ðnd his Surety Agent, who is holding bond with the insurance against Mr. Partridge's con- tract, made a proposal to try and resolve tho differences which would result in Mr. Partridge's company being terminated for convenience as opposed to a default situation. He said it was 011 mutual agreement of the partleø that the County would retain someone who is Independent and has no vested Interest, and as a r~5ult the Surety Company will make distribution of funds that aro owed Mr. Partridge, and if a satiu- factory agroement can be made, the Partridge firm will be terminated for convenience. lie said Mr. Neuchterleln recommended that the County consider retaining someone wi tl1 an engineering background who would represent solely the owner in the field, who would act as a construc- tlon superintendent, determine the existing work and meet the schedule from this date to the end of the projects os well as meet the speclfl- cations and Intent o( the original contract. lie said that Staff is considering this. Commissioner Kruoe moved, seconded by Commissioner Voss, that Resolution 84-80 authorl~ing Special Counsel to retain an Expert Witness in reference to Harry C. Partridge, Jr. and Sons, Inc. plus the proposal of Wagner-Hohns-Ingliss, Inc. for delay analysis be adopted. Fiscal Officer Giles said he had no problem with this matter, however, he asked If it has any relationship to the proposed advance to the Surety Company that Mr. Saunders discussed with him recently. Mr. Saunoers said they are separate items. Mr. Giles requested a general dlacullsior.. Upon call for the question, the m?tlon carried uI1A:\imoulIly. Mr. Saunders explained that the item Mr. Giles mentioned concerns an agreement between Collier County and the Sur~ty Company to ensure page 24 ,·š..-, ----------------------------------------~~~ ~----, '___.J CJ r-:D) ""·^......~'~,._·...·_...."""..,.·,,,...,.."'''<'''_~.N·_.''"..__.................__..__" ....._ ...."...""....-~~,~...."-,,.....,....,""'''',~... "<".',,,.,, ;";""'''''-''~'''';.' .",. """"- ç;;;;,:] 0;1 L:::'J ---------- - - --_.- ----- ------ ----- ----------- l>.pril 17, 1984 that the County is able to ~ecoive the materials being manufactured by Folgdr l>.dams, which includes locking mechanisms and special steel Items. He said that t~ amount of that contract is $550,000 and that Collier County has mau~ an arrangcment with Mr. Partridge and the Surety Company to pay the 5ur~ty Company $550,000 and the Surety, once the ncterlalH are roceived by Collior County, will authorizo disburse- ment to either Me. Partridge or the ~ppropriato subcontractor or to Folger l>.dams. He said that the County has an agreemcnt signed by Fidelity and Deposit Company of MAryland to offectuate that transfer of money from Collier County to the Suroty Company to be held in escrow until Collier County rcceives those goods. 110 said that the agreement was signed by Mr. Docrlll, since Staff !\tlt, pursuant to action by the BCC soveral ....eeks ðgO, th,1t Mr. Dorrill had the authority to executc this type of agroement to ensurll continllðtion of progross on the project. Mr. Ciles said he wanted the ßCC to be advised that hc \ot<..uld be reloasing that chuck based on tho contr~ct wishos and revie....ed by Mr. Saunaers. Responding to CommissiQner Holland, Mr. Saunders said that the Surr.ty Company will not release any moncy until the County cortifios that certain items have becn received. Me. Dorcill sold that part of the equatlon involves money which the Partridge firm has not been paid as the result of their inðbllity to provide tho ....aivers and that it Is the Special Counsel's opinion that they are entitled to that money, which is why the County is going to allow the Surety Company to handle the distribution of the money. He said that any interest on the money that is due Mr. Partridqe and his suppliers and subcontractors is interest they have right or title to under the circumstances. Responding to Chairman Brown, Mr. Giles Bald that he is c~mfortable provided the County Attorney is comfortable with the no~ 081w.1313 Page 25 -------------------- ----þ---- ~-_.... -.---- ~, ..-"".-,.-...-....~.--;,,,.__"'''__.____\oI.......,____...''''~ -...___.__··_....--·""'._·..'''..."...·..'_M__....'.....,..,,'"... .., ,.····,"",:,·"""'""-,"_'''''''''''_r 'Y\1' ... r__... IfII1" _~ f'vl ¡:;::¡ c=J c:::::¡ . - - - - -- - - - - - - - - - -- - - - - - - - - - - - - - _. - - - - - -- - --- April 17, 19B4 required throughout the County. Commi..loner VQ.. said he was :n favor of Mr. NIchols and Mr. Stone connecting into tho E~st Napl~~ Water Systems, but that he Is adament about the ¡:.olicy of the ('. .nty that 01) ne,",' cus:·omers b. cUGtomers oE the County. Upon call for the question, tho motion carried 3/2, Commissioners Voss and Pistor opposed. ···Commi..ioner Kruse left the room at ll130 A.M. and returned at 11:40 A.M.··· Ite. '24 ATTORNEY &MERSON PRESEN~~TION RE SALE OF PROPANE GAS BY GODDARD GAS GRILLS - NO ACTION Tl>.KEN Attorney Emorson said he requested this opportunity to speak b~cause he felt a misconception might h~v. occurrod at tho l~st publlc hearing in connl!ction wi th the Goddard zoning mattltr. lie s~ic.J that Mr. Goddard has always been willing to abide by what he was originally told when he received tho permi t, ....hich is that he would not fill LP gas propelled motor vehiclcs or motor homes. He said all Mr. Goddard has ever been interosted in is filling c~nlsters si~ll~r In size to those which he sells In connection ....ith his business but ....Ithout tho limltation that they be sold only at the time of the Initial sale or that ho ....ould be precluded from soIling to people who had purchased a similar type of grill or canisters at othor pldceÐ. Ho Haid It Is his opinion that the situation could be structured on an estoppel basis and, thereby, any rights grdnted to Mr. Goddard to procecd with his business would be limited to the fact that those cases would not create any blanket situation where other pltople could be allowed to do the aa~e thing. He reque~ted, i( this is the will of the BCC, that another public hearing be rescheduled to constder this aspect. County l>.ttorney Saundors said that it Is his position that tho BCC BOOK 081 .)'.r 331 Pago 30 - - - - - - - - - -- -- - - -~ .- -. -- - - M_ _ ._ _ __ _ _ _ __ _ __ _ _ M_ _ _ M_ _ _ _ _ __ - - - - -- - - - - - - - - - - - - - - -- - - - - - - - -- - -- - --- - - - -- 081 rv.r3'32 l>.p ril 1 7, 1984 has the authority to either approve or revers. the administrative decision concerning whcre the sale of propane gðs is pcrmitted undor tho C-4 classification. He saId it is hls opinion that the BCC cannot allow an individual user to sell propane gas in C-4 District under certðin conditions but nobody ola. can. He aaid that the Bee has taken a position and, at this time, the County is In lltigation with Mr. Emorson and if he has a proposal to settle that litlg~tlon h. should ~ake that proposal through the County l>.ttorney'ti office and that he wll1 brlng th~t to the BCC for their consideration. It was the consensus of the bCC that Mr. Emerson make a specific proposal to the Cou~ty Attorney to settle the lawsuit which Mr. Saunders will bring to the ace for their consideration. MOTION TO STOP PARASl>.ILING ON PUBLIC BEACHES OWNED BY COLLIER COUNTY - DENIED Commissioner Pistor said that since the BCC meeting in which para.ailing was authorized to take place on County o~led propcrty at Tigertail Beach, he has had many letters and telephone calls regarding problems with parasailing on a County owned beach. lie said that parasalling creat~s a danger for people who arc trying to usc the beach. Commissioner Holland pointed out that the acc took action that paraAailing would be allowed for four weeks and that there is no additional information befor~ the Commissioners on the subject. Parks and Recreation Director Rice said he watched parasailing on Marco Island last Friday, howevcr, his concern In relation to Tigertail Park ;~ that the oporation takes space. Mr. Rice said that Tigertail Beach is very close to the mouth of Big Marco Pass and on weekends, when wind direction changes, there are Pag e 31 - -- _.- - -- - -- - - - - - - - - - - - - - - - - - -- - --.. C:J c::w c::z::J -_...,~_.- ...."'---~.,,,.,.,..-~",,.,-~~..,,-,._._-_._,,...,,- - - - - _.- - - - - -. - - -- - -"- - - - - - - - - - - - - - - - - - --- - ---- &OO( 081 rv.r3"34 Ap ril 1 7, 1 9 ß 4 ...Co=mlB.loner Holland left the roo= at 11152 A.M. and returned at 11155 A.M.··· Commissioner Kruse asked St~f£ to find out whether or not the parasalling group hove been worklng ðt Tigertall Belich. The following persons spoke in opposition to para.ailing being allowed at Tigertail Beach: Dr. Henry Kezlarian Mr. Henry W. M/lxant, representinq Collier County Civic Federðtion, Inc., who read a lettor from the qroup opposing pðrasðillng on County owned property. Mrs. Charlotte W'.uHmlln Mr. Francis W. :Oams, representing Marco Island Ski and Wllter Sports, who arked to be heard if the acc considered prohibiting water sport ~ctlvities on all beaches in Collicr County. l>.ttorney John Hooley, representing Florida Ski and Parasal1ing, explained the qroup has not been operating because the County requested additional insurðnco. lie said thu group is willing to have the County Inspect their equipment and opcrdtion at any timp.. It.. t 26 DISCUSSION ñ-t WITIIDRAWING ITEMS FROM TilE AGENDA WITHOUT NOTICE - NO ACTION Tl>.KEN Commissioner Voss said members of the public attend BCC meetings for a p~rticular Issue and if that Item is withdrawn at the last minute it is unfair to the p~blic. liE: !laid the BCC should require a week's notice i! II person wllnts to withdraw an item from the agenda so the public can be advised. Coœmlssloner Voss moved that If someone wanta an !te= withdrawn fro. the agenda the BCC should have a week's notice. The motion died for lock of a second. County Attorney 5i!undcr¡¡ P'; :".ted out that t.he Zoning Ordinance contain. iI provision, i! a Comrl!ssioncr is not proocnt, that the petitioner has the right to IIsk for a continuance but it does not silY Page 33 - _ - - _ __ _ _ __ _ ___ _ _ _ _ _ _ __ M_ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ____ __ . ,,--..---.. '---L,.J æ~J [:=J c::J ~ ___ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ M_._ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ l>.p r il 17, I!) 8" thðt th& potitioner h3_ to give any typo of notico. It.. . 27 CONCURRENCE WITU MEDICAL EX^"INERS COMMISSION RE DR. HEINRICH 0.£. SCII"'ID ae:wc REAPPC.. :;'¡'ED AS MEDIC.U EXAMINER FOR DISTRICT 20 Com.isslonor Voss moved, aecondud by Com~issionor PIstor and carried unanimou.ly, that the BCC concur with tha Modical Examiners Com.i.sloner ro Dr. neinrich O. E. Schmid boin9 reappointed e. Modical Examiner for DIstrlct 20. ·--Commi..ioner PI.tor ~ved, øeconded by Commissioner Xru.e end carried unanimously, that the following items be approved and/or adopted under the con.ent agenda*.- Ite. '28 CLERK II POSITION IN THE PERSONNEL DEPl>.RTMENT RECLASSIFIED TO PERSONNEL ASSISTANT It 0 III 129 GECHETl>.RY 11 POSITION IN TilE COUNTY Ml>.Nl>.CEn'S OFFICE RECLASSIFIED TO SECRETl>.RY III Ite.. '30 SEWER Yl>.CILITIES ACCEPTED FOR LA JOLLA CONDOMINIUM, BAY fOREST SUBDIVISION (LOT 3), SUBJECT TO STIPULATION I. The l~gel dccum~ntD submitted oru fcund to hb legnlly suf!iciunt lor the ~ounty to ~CCQPt. Ite. '31 l>.UTHORIZl>.TION TO SIGN l>.MENDED ADVISORY BOARDS l>.ND APPOINTMENTS pnLICY See PegGS 3 1./.3 - ..3'-10 Ite. .32 CERTIFICATES FOR CORRECTION TO 'I'IIE Tl>.X ROLLS AS PRESENTED BY PROPERTY APPRAISER 1983 TAX ROLL 309 - 311 4/2-4/3/64 TANGIßL~ PERSONAL PROPERTY 1983 19~3-3ge-407 3/30-4/4/84 II:.. 133 600( 081'1'.1335 P3qO 34 ----------------------------------------- - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - -- - - - - - - - --- aOOK 081 w.r 336 l>.prll 17, 19B4 l.AKE TRAFFORD MEMORIAL GARDENS CEMETERY DEED NOS. 971 ^ND 972 See P_gu d:i.,,7 - 3ft' It.. 134 MISCELl.ANEOUS CORRESPONDENCE - FILED ^HD¡OR REFERRED There being no objection, the Chair dirocted th¿t the following miscellaneous correspondenco be flIed and/or referred to the various depar tments: 1. Second Eemi-^nnual Monitoring Report for Collier County ÇC~ Program (ArQa Agency on Aging). xc Mrs. Skinner, filed. 2. DepartmentDI report received from Personnel Dept, 3/04. fl1 cd. 3. l'lemo datvd 3/21/ij4 from Ann R. Purrotta, Dept. of Community Affairs, ro Small Cities CDBG/Jobs Impact, stating thðt funds awardcd cannot be obligatcd or expended until the Environmental Rcvlew Process is complcted. xc Ms. Williamson, filed. 4. Public Notice of Permit l>.pplication No. 84T-OA48 from Corps of Englnecrs for Haldeman Cr~.k and Kelly Road Bridge. xc Mr. Vlrta, Mr. Hartman, Filed. 5. Minutes of EMSAC, 3/14/84 and Nðples City Council 3/21/8" Fil ed. 6. Notice from Dept. of Naturðl Re50urces re C.A.R.L. Selection Committee /oIeeting, Wednesday. t.pril 4, 1984; Tallahassee. xc Mr. Virta, Dr. lòlfnedict, Filed. 7. Five lettcrs supporting approval of Pctition R-83-29C (Princess Park). xc Mr. Vlrta, Ms. Obcr, Filed. 6. Letter dated 4/2/84 from J. Connor Davis, Executive Director, Marine Ylsherlcs Comml5slon, regarding spearfishlng ban in watcrs off Collier County. xc Mr. virts, Dr. IJenodict, f'il "d. 9. Southwest Florida Water Mðnagement District Annual report, 1982-83. t'iled. 10. Notice of monthly meeting of Transportation Disadvantaged for Wednesday, April 22. 1984. xc Mr. Perry, Filed. Pa g. 3 S -- - - - - - - - - -- -- - - - - - -- - - - - - - - - - -- - - - - - - - - - - ---- t::::J [ -j .L ----.<.--.,.--- "" - ...,,~.__.....,,~~~.....--~-, ,..." ~--_....-