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BCC Minutes 04/06/1993 R Naples, Florida, April 6, 1993 LET IT BE REMEMBERED, that the Board of County Commiss~oners tn and for the County of Collier, and also acting as the Board of Zoning Appeals and as the governing board(s) of such special districts as have been created according to law and having conducted business herein, met on this date at 9:00 A.M. in R~ULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Burr L. Saunders VICE-CHAIRMAN: Timothy J. Constantine John C. Norris Michael J. Volpe Bettye J. Matthews ALSO PRESENT: Dwight Brock, Clerk of Courts; John Yonkosky, Finance Director; Annette Guevin and Sandy Hurley, Recording Secretaries; Ellis Hoffman, Deputy Clerk; Nell Dorrill, County Manager; Bill Hargett, Assistant County Manager; Ken Cuyler, County Attorney; Dave Weigel, Assistant County Attorney; George Archibald, Transportation Services Administrator; Frank Brutt, Community Development Services Administrator; Tom Olliff, Public Services Administrator; Bill Lorenz, Environmental Services Administrator; Leo Ochs, Administrative Services Administrator; Tom Conrecode, Capita! Projects Management Director; Greg Mlhalic0 Affordable Housing Director; Steve Carnell, Purchasing D~rector~ Dick Clark, Code Enforcement Director; John Boldt, Water Management Director; Bob W~ley, Water Management Engineering Project Manager; V/ad Ryziw, Transportation Engineer Project Manager; Russ Muller, Transportation Capital Projects Engineer; Ron Nino, Planner; Sue Fllson, Administrative Assistant to the Board; and Deputy Fred Schoenrock, Sheriff~s Office. Page April 6, 1993 Ccemdooloner l[orrto moved, seconded by Commissioner Matthew~ and carried unanimously, to approve the &~enda with the chen~oo detailed on the 4~Im~d~ Change Sheet and with the following changes: Item #9C - Discussion and update regarding negotiations on the South Marco Beach Parking Lot eminent domain case - Continued to 4/13/93. (Mr. George Carom with the Isle of Capri Beach Access Committee, spoke regarding this Item later during the meeting. [Tape #2, Counter #1775]) Item #8H5 - Discussion regarding the extension to finalize fire service agreement with Everglades City - Added. Page 2 (~) April 6, 1993 The motion for approval of the consent agenda Is noted under Item .16. (~&2) NI]IUTI~ O~ TII SPECIAL ~ORESHOP 0Y MARCH 22, 1093, AXD BZOUn&R MlrIllg O~MARCH 23, 1993 - APPROVED Coemtssloner Saunders congratulated Thomas Higgins, Security Officer with Courts and Related Agencies, for being selected Employee of the Month for April, 1993, and presented him a $50 cash award and a plaque In recognition. (418) Itel ~B ¢oamtsatoner Norris congratulated the following employees and pre- sented their service awards: Howard McFee, Parks and Recreation Lynn Evans, Risk Management Mary Manning, Library (not present) - 15 years - 5 years - 5 years (462) 03-202/200; 93-207; AND 93-209/216 - ADOPTED Commissioner Volpo moved, seconded by Countmsloner Norris fad cfrried unentBously, to adopt Budget isendBents 93-202/205; os-2o?; end SS-eoo/2~s. (4~o) Page 3 April 6, 1993 F~T&TI~ OF AW UFDAT~ ON TI~ I~ATZONAL FLOOD I~l ~tS Frank Brutt, Community Development Services Administrator. advised the Board that again in 1993, reduced rates will be given to all per- sons holding flood Insurance policies In Collier County, due to the work of County Staff in providing the National Flood Insurance Program with certain information. He said the five percent reduction tn pre- mlums results in approximately $400,000 savings for the citizens of Collier County. He commended Staff for their hard work and a commit- ment and goal for next year to put together the continuing package, which will result tn a 10 percent reduction. This being a discussion Item, no action was necessary. ALT~ATI~ ~ IIUI~ZCAI~-GENEI~ATT. D D~I~Z$ ON PRIVATE PI~OPE~TT - ~J~ff ~0 JW~D O~X1UU~I; ~XM~O~I~E~ ~0 ~ N~X)I ~OR WING Dick Clark, Code Enforcement Director, explained approximately 450 lots have been cleared of hurricane debris by the County, with 240 lots remaining uncleared. Of those remaining lots, he said, the Federal Emergency Management Agency (FEMA) has a more narrow defini- tion of Immediate threat than does the Collier County Litter Control Ordinance. He reported at this point, the estimated cost to clean up the remaining lots on the main/and ie $285,000. He noted there are also several lots on barrier islands whose owners are requesting that the County remove hurricane generated debris, at an estimated cost of 828,000. Responding to Commissioner Matthews, Mr. Clark recommended the catastrophic clau,e of the ordinance be amended to more narrowly define what ts an Immediate threat, such as within 100 feet of an adjacent structure, and the property owner to be responsible for anything further away. He said that would considerably limit the County's exposure. In answer to Commissioner Saunders, County Attorney Cuyler asked April 6, 1993 to be given the opportunity to research whether the ordinance may be amended as suggested retroactively. Cow~aissioner Saunders commented two issues are involved An this discussion, one dealing with the 240 uncleared lots; and another whether the ordinance should be amended to correspond with FEMA re~u- lations. He suggested the two issues be discussed and resolved separately. He proposed the ordinance be consistent with the FEMA regulations with regard to requiring clean up, so that the County would be in the position of receiving reimbursement from FEMA for those expenses. He said if there is no ability to reimburse, he wants to prevent the situation of a property owner being required to spend, i.e., 825,000 cleaning up debris from a hurricane when there is no financial ability for that person to do so. Commissioner Volpe agreed that the language in the ordinance should be tied to the definitions of immediate life, health or safety as provided for in the FEMA regulations. County Attorney Cu¥1er pointed out the 240 lot owners are requesting the same benefit as all others, specifically that the County clean their lots at no cost to them. Mr. Clark mentioned that Staff, as required by the ordinance, notified those property owners that their lots contained hurricane related debris. He said the notices advised owners that if they did not clear their lots, the County would do so for them at County expense, and no lien would be placed on their properties. County Attorney Cu¥1er added that was done on the assumption that those 240 lots would be the same as all other lots and that FEMA would provide reimbursement, however, FEMA has now changed the rules. Commissioner Saunders stated At ks the consensus of the Board that Staff be directed to amend the ordinance to make the language con- sistent with FEMA regulations to the greatest extent possible to assure reimbursement from FEMA. He further stated, "If we are not going to be reimbursed by FEMA, then we want to eliminate the imme- d/ate specter of the County coming in, cleaning a lot no matter how Page 5 April 6, 1993 remote the lot is, and having the property owner facing a large bill. We also want to build into it the flexibility to take a particular lot that would not require immediate cleaning, but to then turn around and give notice that we have now changed our opinion concerning that spe- cific lot because of the circumstances. And then finally, that we define the "immediate threat" so that If it is within 100 feet or wha- tever the FEMA reffulations say, that there would be a requirement that the lot be cleaned Immediately and that we can lien the property." Commissioner Matthews suggested the ordinance include ~uidelines for determining when a lot becomes a threat. Commissioner Saunders agreed that there ia a need for objective criteria. Commissioner Volpe further proposed, pending the amendment, that enforcement of the ordinance be suspended as it relates to the 240 lots. Commissioner Saunders next referred to those residents who paid to clear their lots and want reimbursement from the County. In response to Commissioner Saunders, Mr. Clark Indicated the cost to reimburse those citizens could approach $240,000. Commissioner Constantine communicated his concern that residents who abided by the rules are being penalized for lt. He questioned if the County does not assist them now, are they being encouraged to disregard the rules should another catastrophic event occur in the near future. Commissioner Norris agreed those citizens did what they were requested to do by the County in good faith, however, because the ordinance was subsequently changed, people who did not clean up their own properties in a timely fashion ended by having It done for them at no cost. He said in hie opinion, the Board has a moral obligation to reimburse those who complied with the rules. Responding to comments made by Commissioner Volpe, Commissioner Norris specified this discussion concerns only unimproved lots. County Manager Dorrtll suggested if the Board approves reimbur- Page 6 April 6, 1993 sement, a ~axi~um amount per lot be determined and proof of payment be required. In answer to Commissioner Constantine, Mr. Clark stated the average expenditure on Marco Island for clearing unimproved lots was 81,500. Co-missioner Volpe suggested a timeframe be established to receive requests for reimbursement. He added that he is not in favor of either reimbureement or the County taking on the responsibility for cleaning lots on the barrier is/ands. Mr. Clark agreed that Staff did not see any immediate threat in those areas. to ~~ ~'op~rW o~nere for clearing by 5~00 P.M. on April 15, 1993; and any r~ute ~r Commissioner volpe asked the aoard to establish a fund with a maximu~ amount available for these requests and within that fund, a cap ~er lot be set. Co-missioner Matthews indicated she has mixed feelings about reim- bursing residents for these expenditures. She said County government was doing the best it could tinder the circumstances. She suggested that many of the trees destroyed during the hurricane nay have been exotic trees that should have been taken down Fears ago. Commissioner Constantine disagreed, stating the Board has an ob/i- garish to the residents caught in these circumstances. Commissioner Saunders asked if the motion includes giving County Manager Dorrill the flexibility to look at the bills to be presented, and determine a reimbursable amount, to which Commissioner Constantine responded in the aff~rmative. Co-missioner Yelps suggested SlO0,O00 be the maximum fund available for this purpose. Connissioner Constantine co-merited establishing that amount will 18' Page 7 April 6, 1993 cut off one-half of the people applying for reimbursement. Commissioner Seunders proposed a compromise of $200,000 tn the fund. Ce~.ta~r Constantine a~ended the ~ti~, ~c~ ~ ~), ~t I f~ of 8200,000 h emtlbllmh~ for thlm ~. (~) ~ ~ ~ ~ 20, 1995 - ~ Leo Ochs, Administrative Services Ad~tnistrator, provided the Board with a report of the recent County Property Auction for ratification. Co~m~uto~er Volpe moved, ~cond~d lr~ C~/l~t~r Att~ ~ c~ ~~l~, to accept ~d rlt~ the r~vw~el ~ ~l ~rt for t~ ~W Auction held on ~ch 20, 1993. (2eOS) It~ M2 OF ~ ~ ~X~ ~ RZVZ~ ~ ~A~S ~. 4 - CO~l~ ~Z~ John Boldt, Water Management D/rector, explained this item involves problems associated with the drainage in Rtvier& Golf Estates. He recalled presenting to the Board in February, 1992, fin- dings of a feasibility study prepared by Johnson Engineering, followed by the Board adopting a short and long term action plan in April, 1992, with solutions to the areats drainage/flooding problems. He said the study proposed the closure of north/south and east/west se~ents of an open drain in the rear yards of affected lots, predi- cated upon limiting the drainage area to approximately 275 acres. He mentioned that neither of those items have yet been implemented. He reported a petition has now been fi/ed by property owners to enclose the open drain in their back yards and limit their maximum cost to Page 8 April 6, 1993 $5,000, apread over a five-year period. He asked for Board direction concerning the creation of a special assessment district as peti- tioned, obtaining signed and sealed engineering plans that would be required, and moving forward with obtaining the approval of the South Florida Water Management District. Mr. Boldt referenced an aerial map and described the drainage area under discussion. He stressed the need to properly size the drainage pipe so as not to create a problem for upstream residents. In answer to Commissioner Constantine, Mr. Boldt stated hie first recommendation is for full implementation of the long-term action plan which was previously approved by the Board. Otherwise, he said0 Staff can investigate enclosing only the north/south segment, If other fac- tors in the short-term plan are implemented. County Manager Dorrill communicated the project can be done, but it will include more than the $5,000 per lot cost to enclose the swa- les in the affected rear yards tn Riviera Golf Estates. He said the County will have to consider some cost sharing for this project, because the results will protect the drainage values of properties on the west side of County Barn Road. The following people spoke regarding this item: Frank Ross T~ ~ Roger Smith (With two hand-outs. to the Board.) Troy Brown Jerry Phtllip~ 3ackte Fleming George Keller Copies not provided to the Clerk Oliver Cross Susan Johnson Cindy Cross Commissioner Volpe questioned why the direction given to Staff in 1992 in terms of the short-term Improvements, has not yet been Imple- mented? Mr. Boldt listed eight steps that were to be taken as part of the short-term plan, and stated several of the improvements have been completed; however, a portion of those are the responsibility of the Road & Bridge Department and have not yet been accomplished. County Manager Dorrill explained that the Road & Bridge Department has had to prioritize Its work during the past year because of atre- Page 9 April 6, 1993 mendous workload, but this project is scheduled for completion before July of this year. Co.missioner Norris Inquired If the short-term plan is completed by the rainy season, will Staff then have a good Idea of whether the improvements are working aa planned, to which Mr. Boldt responded tn the affirmative. Responding to Commissioner Saunders, Mr. Boldt stated there will be no negative effects on upstream owners with the completion of the eight steps of the short-term plan. With regard to establishing a special assessment district tn Riviera Golf Estates for this project, Commissioner Saunders stated he ts not comfortable with that request until the results of the short- term plan are known. Commissioner Constantine disagreed, commenting it will do no harm to establish the special assessment district In the meantime so that all will be In place once the results are known. (k~/mlon~r Volp~ ~ov~d, seconded by Commissioner ~tthe~, to ~ft~m t~e diction of the Board given in February, 1992; direct Staff ~e ~ with · mchedule outlintn~when the short-tmr~ ~ente ~tll be ~e~t~ken; and pen~tn~.that report, coati.ne this ite~. Co~uaisstoner maunders asked Commissioner Volpe to amend the motion to Include direction to Staff to continue to evaluate and provide the Board with Information regarding the appropriate engineering design of the long-term plan. ~aaimi~ Volpe ~ the ~otton to include the &bov~, ~ ~F Oo~i~toner Matthe~, an~ carrlg ss. l~e~'or~tn~ Secretary Sandy Rnrle~ repl&ce~ ~cordl~ ~t~ (Q~30) Engineering Project Manager Robert Wiley Indicated this Item is simply m status report, stating that the area along Yarberry Lane was Page 10 Aprt~ 6, 1993 an old Agricultural area in which a road was constructed and people built homes. He said that new developments that are now being built are on a higher elevation which has caused Yarberry area to become a low spot. He said Staff ts now tn the process of determining eleva- tions to the existing culverts and driveways. He said that when the Arbour Walk plans were designed there was a perimeter ditch proposed to take the water south, then west off Yarberry Lane, then through a wetland system Into an ex/sting channel north of the J & C Industrial Park. He said that the ditch was not placed at proper grade and staff ts discussing this situation with the Engineer. Be said Staff is Investigating if water can be taken to the East to a cross drain under Airport Road which will be difficult with the existing elevations. He said the swales along Yarberry Lane will be regraded by the Road and Bridge Department. He said Sweet Bay Nursery is located to the west and noted that thio Is also a iow area, adding that the Nursery ia bermed to the west and the south. He indicated that Staff ia trying to provide an outfall for this area also. He stated that there is no definite direction that Staff has decided upon at this point, but are working on this problem every day and anticipate being able to make a final recommendation to the Board within 30 days. (~o) ~ Mi]KI, lilR*~ Jt~'~NDATION~ FOR CON~OLZDATION 0F ADVISORY BOARDS - CO~T~OEDTO 4/~0/93 County Manager Dorrill stated the executive summary Indicates the list of Advisory Boards that could be consolidated. Co,missioner Constantine stated that the Board asked for a report on the number of times the Boards have met and what the Boards accomplished. He said he received the minutes from January and February of 1993, from eight committees. County Manager DorrIll replied that he did not review the infor- mation that was delivered to Commissioner Constantine's office and that the infarction being requested Is not In the report, noting that Page April 6, 1993 the information requested would have to be manually compiled by rev~ewing past m~nutes from each Advisory Board meeting. Commissioner Saunders stated that there does not appear to be enough ~nformat~on to make any decision on consol~dating any Advisory Boards. Co~m~ssioner Matthews stated she ts ~n agreement with Commissioner Constantine and would like information on all Boards on how effective they are and how easy or d~fficult it ~s to advertise for new members. The following people spoke regarding this item: A.T. Felsberg Arthur Lee Victor A. Va/des Charlotte Westman Chris Straton Scott McGaughey Gary Beardsley In Answer to Comm~ssioner Constantine~s question, County Manager Dorrill replied that his recommendations are to look for areas that have a common m~ssion, noting there ~s a d~sttnct~on between the Planning Commiss~on and the Archaeological Preservation Board. He sa~d he was looking for opportunities to group together Boards because there would be a challenge g~ven and the overall number of Boards would be reduced. Be said he has not looked at the attendance require- ments or the actua! number of meetings held. Commissioner Saunders suggested that the Advisory Board members should be heard, but not all 37 Boards at one meeting. He said two or three Boards per week would be more manageable. Commiss~oner Volpe stated that certain Boards have ~tatutor¥ requirements, noting the Planning Commission should not consolidate. He said when the Advisory Boards schedule ls prepared the Board should not consider the Muntclpal Service Taxing Unit (MSTU). Co,missioner Saunders stated that the Boards that are required by statute, do not need to be reviewed and Boards that are specific MSTU~s as Governing bodies would not be reviewed. It was the general consensus that this item would be brought back on April 20, 1993 with further information. Page 12 April $, 1993 Mr. Anthony Pires, Jr. of Woodward, Ptres, and Anderson stated that he Is representing Everglades City, noting that the Board agreed to extend the Fire Service Agreement in order for Staff and the City of Everglades to work out a new one. He said that they have not been able to get together on particular issues and are asking for an exten- sion until the end of April. Commissioner Volpe questioned if the Board shall approve the extension what the Implications would be? Mr. Pires replied that the fire service and protection measures that are in effect will continued. ese ~ Clerk Hoff~ r~lacg ~cordtng Secret~ ~1~ ~ ~ ~ ~ ~ ~IRO~ ~HOP - NO i~IOI A discussion was held with regard to this public petition relating to the upcoming Environmental Workshop to be held at The Conservancy on April 21, 1993. Subjects of discussion were: protecting Natural Resources; timing of the meeting; process of developing the agenda; location of future meetings to be held; and TV coverage. The following persons spoke with regard to this Item: Gary Beardsley Virginia Corkran Bob Kraoowak! Charlotte Westman This item required no action. l~bllc l~ttttoa April 6, 1993 Mr. John Dtssauer, Unit Owner of Embassy Woods, protested the developer's ab/lity to continually obtain perm/ts without completion of prev/ous contractual obi/gat/one. He cited that the unit owners need help tn having the amentt/es taken care of, and therefore seek ass/stance from the County Comm/sston. Code Enforcement Supervisor Clark adv/sed that more than 2,000 un/t o~wners are affected in th/s matter. He ind/cated that the Prospectus orated that certain amentt/ee would be provided and a case wtll be presented to the Code Enforcement Board on April 21, 1993. It was the consensus of the Commission that s~aff and the County Attorney be directed to determine what the problems are, provide suggested solutions to same and come back to the Board In three weeks. ( 2041 ) Steven Hartsell, representing Mr. Frank Homan, owner of property south of the Golden Gate Health Park, detailed the sub,eot locat/on and surrounding properties. He stated that to the south, is labeled a "County Access Road", however, this is not a road, but simply an easement that exists. He questioned whether it /s /ntended that the Golden Gate Health Park would be exempt from the interconnection requirements between Golden Gate Health Park and his clientls property so that it could be a private commercial m~xed use community. He c~ted that the Health Park indicates that S/hCa they are a hospital, they should be given special treatment and they should be exempt ~n th/s regard. He related that his cl/ent and a number of neighbor/ng property owners say "NO", the Board d/d not /ntend for the Health Park to be treated differently or special and they should be requ/red to meet the same standards for interconnect/on as the other m~xed use developments. Mr. Hartsell reported that staff contends that the existing median opening on C.R. 95! will eventually be closed. He expla/ned that when Page 14 April 6, 1993 this tedian is closed, the only way to access the Health Park is from the south (his client's property) or from the west where there are a number of adjoining property owners. He noted that a motorist would need to turn right, proceed south on C.R. 951 to the intersection past I-?S, make a U-T~rn, come back through the intersection .and then turn left and go through the main intersection of Health Park and City Gate to get to the adjoining property. He remarked that this would add traffic to C.R. 951 that would not othe~ise be there, and reduces the effectiveness of the main intersection. Mr. Hartsell cited that without a frontage road to the Health Park or without some type of interconnection between the cul-de-sacs, C.R. 95! is forced to act as an access road for the Health Park. County Attorney Cuyler advised that his recol~ection ts that this issue was presented at the PUD hearing with discussion of the easement and the request was presented to the Commission but it was decided not to make that interconnection. ~ ~ of t~ Os~smlon ~ tWt et·fl t~ di~act~ to schedule ~h!m item on an upco~in~ ~nd~ for further debate with · full pr~e~nt&tlon of the issue. IIIFO~TIO~ ~ ~ FOR PROF~8IOIAL $1[RVICE~ NITR COA~TA~ ~3~1'~1~ CO~Yr~T,%ll'~, INC. FOR TR~ COLLIer COUI~'Y BNAC~ It~fORATION IUID~MIA~f FLA~ - TO BI BROUGHT BAC~ IN Office of Capital Projects Management Director Conrecode stated that the purpose of this item ts to present additional information to the Board relating to the County's Beach Renourtshment project. He advised that staff has addressed seven question areas raised by the Commission during the March 16, 1993 hearing. Mr. Conrecode responded to the seven points of concern, as reflected in the Executive Summary. County Attorney Cu¥1er advised that his office has reviewed the Request For Proposal (RFP) and the competitive selection process. He announced that his opinion is that the County has not violated the Page 15 April 6, 1993 competitive selection process and ia in accord with the Consultants' Competitive Negotiation Act (CCNA). Clerk Brock stated that he disagrees with the opinion of County Attorney Cuyler. He revealed that one of his functions ss Clerk of Courts is to ensure that all expenditures made by Collier County are in compliance with Florida Law. Clerk Brock explained that he met with Assistant County Attorney Weigel a few weeks ago, and expreaaed serious reservations as to whether or not the proposed contract should be let, and questioned compliance with F.S. 28?.055, the CCNA. He indicated that it is quite clear that the State is attempting to regulate the letting of contracts for consulting services so that it would be uniform and fair and equitable throughout the State. Clerk Brock advised that the first process of F.S. 287.055 is the public announcement and qualification procedures which state: "Each agency shall publicly announce in a uniform and consistent manner each occasion when professional services are required to be purchased for a project." Clerk Brock indicated that the next step is the competitive selec- tion process which states: "Each agency shall adopt administrative procedures for the evaluation of professional services." He stated that he is unable to ascertain any administrative procedure for eva- justing the competitive selection process. He announced without these procedures, the actlons taken by the Commission In the selection pro- cess could be construed to be arbitrary and capricious. Mr. Brock remarked that the next phase one must go through under F.S. 287.055 is the competitive negotiation process which means that after the three most qualified firms are selected, a fair, com- petitive, and reasonable negotiation process is undertaken. He stated that in November, 1989, the County let a contract to Coastal Engineering for the purpose of doing some of the preliminary design work for the beach renourishment project. He pointed out that the contract reflects a fee, not to exceed $326,100, based upon a schedule Page 16 April 6, 1993 of exhibits attached to the contract. Mr. Brock cited another paragraph of the contract indicates that "the engineering shall commence services promptly after receipt of owner's acceptance of this agreement and notice to proceed and to complete services within 12 months." He explained that the consultant is attempting to have the Board let a second contract and pay for additional services. Referring to the provision within the public announcement relative to "when on each occasion when professional ser- vices are required to be purchased for a project..." Mr. Brock affirmed that the last bill submitted by Coastal Engineering to the County for payment contains the following note: "This ts the fins! statement for services relating to this project. We have completed the scope of services outlined and thank you for the opportunity to have provided the service required by Co/i/er County." He advised that this bill has been paid. He pointed out that the 12 months have lapsed and the contract has been fulfilled. Clerk Brock called attention to the last paragraph of the contract which says= "This contract and its attached exhibits represent the entire understanding between owner and the engineer in respect to the project and may only be modified tn writing, signed by both parties." Mr. Brock read a provision from the Statutes relating to a con- tinuing contract between a firm and an agency. He advised that compliance has not been met with regard to a continuing contract. He explained if the requested contract is let, the County will be opening itself up for additional litigation associated with the Tourist Development Tax and the Beach Renourishment Project. He revealed that there is no contract liability against the County if Coastal Engineering is required to go back through the competitive selection and negotiation process and requested that the Board do this. Assistant County Attorney Weigel explained his intergretation of the Competitive Consultants~ Negotiation Act. In addition, he spoke to the comprehenslveDees of the RFP. He indicated that the last Page April 6, 1993 portion of the language within F.S. relating to the definition of a continuing project states "...or for work of a specified nature as outlined tn the contract reqvtred by the agency with no ~tme limita- tion except that the contract shall provide a termination clause." Assistant County Attorney Wetgel remarked that the contract embra- ces a scope of work that everyone knew was a project that would take years to do and the contract entered into tn 1989 did have a ter- mination clause. Purchasing Director Carnell advised that two enabling documents drive the purchasing procedures: Ordinance 8?-25 and Re~olutton 90-53, which ts the Purchasing Policy. He affirmed that this Po/Icy requires the establishment of a Purchasing Manual, containing admi- nistrative regulations and requirements. He recalled that this manual was approved for implementation by the County Manager In 1987. He noted that there is a section within the Manual with regard to pro- fessional services giving explicit direction to departments that are soliciting for professional services as to the various procedures that are to be followed through the selection process. Finance Director Yonkosk¥ stated that this section of the Manual deals with the process of whether or not and the dollar level the Board will allow the County Manager to select a group of people to evaluate the firms responding to the proposal and will then make a recommendation to the Commission. He indicated tf the project ts more than $100,000, staff would present a recommendation of at least three firms and the Board would make the short list. Mr. Carnell stated that Mr. Yonkosk¥ ts referring to language con- tained tn Resolution 90-53. He noted that the language he referred to earlier ts contained tn the Procedural Manual. He indicated that this ts a step-by-step process to go through the CCNA. Commissioner Saundera suggested that staff meet with Clerk Brock to review the policies to ensure that they are sufficient. He remarked that the Commission needs to determine if there have been enough questions raised to go back to a new RFP or whether this Page 18 April 6, 1993 hearing should be delayed for a sufficient period of time to allow Messrs. Brock, Carnell and Cuyler to decide if there are any deftcien-. ties in this matter. Attorney Dudley Goodlette, representing Coastal Engineering Consultants, detailed the history of the project. In conclusion, he cited that It is unnecessary to suggest that Coastal Engineering go back through the process. He requested that the Board rely upon the advice of the County Attorney. Commissioner Volpe stated that Clerk Brock ts firm that his opi- nion is correct. He cited concern that this Issue will raise issues of creditability relating to the entire project and the contractual arrangement and this should be resolved to everyone's satisfaction upfront. Clerk Brock advised that he met with the County Attorney on two different occasions in addition to meeting with Assistant County Attorney We/ge/ on two separate occasions. He reported that Mr. Cuyler has tried very hard to get him to change his mind, however, he Is not convinced to do so. He stated in return, he has been unable to convince Mr. Cuyler that he ts wrong, He suggested there is enough doubt that reasonable people can disagree and this Is what brings about costly law suits. He requested that the Commission direct staff to go back through the process. A discussion ensued with regard to the termination clause of the contract. Commissioner Constantine suggested proceeding with this item as scheduled and determine what ts to be done with the contract. Commissioner Saunders concurred. Commissioner Volpe cited reservations due to the concerns of Clerk Brock. Commissioner Norris stated that he believes the Board is obligated to go along with the recommendations of the County Attorney and his staff. In response to Commissioner Saunders, Clerk Brock advised if the Page 19 April 6, 1993 Couutsston proceeds with this contract, he will seek advice fron out- side counsel, Attorney Fred Baggett who represents the Clerk's Association. Co~tsstoner Saunders stated that based on Mr. Brook's position of retaining independent counsel, he does not want to place the County in the position of being tn litigation against the Clerk. He suggested that this item be delayed until such time that the Clerk has had the opportunity to discuss this matter with Attorneys Baggett, Cuyler, Wetgel and Mr. Carnell. Commissioners Volpe and Matthews concurred to continue this item. Mr. Art Neumann spoke with regard to this Item. It w~o tbs cou~ensuo of the Commission that this Ires bo continued ~nd bt~meSht be~k on April 2?, 1993. ecs Recess 4:00 P.M. - RoC~ 4:15 P.M. ess Taw D~)&~FLIG&T/O~ ON T~ 1990 C~ TJ~ C~I~TIFZCAT~ - &FFROV~ County Attorney Cuyler stated that this ts a recommendation to forward to the Tax Collector a Notice to Proceed with tax deed appli- cations for certificates issued in 1990. He noted that this is something the County does each year. County Attorney Cuyler pointed out that the recommendation in the Executive Summary states: "... Notice to Proceed to the Tax Collector for Tax Deed Applications for all of the 1990 Tax Certificates held by the County (310) certificates) or for only those tax certificates on property valued at $500 or more, which ts 252..." He advised that the F.S. requires that applications be fi/ed for those valued at $500 or more. He suggested that Notice be forwarded for all 310 cer- tificates. He stated that the additional 58 certificates will pro- bably be acquired by the State or the Federal Government. Corem/rain,suer Volpo moved, seconded by Commissioner J~tthew8 and C~TIOd u~snlmo~oly, that st&fi be directed to forward a Notlcs to ~ 2O &pr~! ~ 1993 ~ ~o ~!~ T~x Collator fo~ Tax ~ &ppl~ca~to~ for all of ~h~ (~) ~ ~ ~ ~ ~R ~ 1993 C~~ ~ ~ County Attorney Cuyler recalled that on March 23, 1995, the Commission adopted a resolution establishing deadlines for an amend- ment cycle for the Land Development Code. He related that staff indicated at that Time that an additional resolution would be forth- coming. He explained that the resolution of two weeks ago begins the cycle in June, which will be the normal cycle for this year. County Attorney Cuyler stated that staff has been reviewing various issues that they have been pressed to do, i.e. adoption of the environmental ordinances. He suggested that the Commission adopt the proposed resolution establishing what would have been the January cycle. He affirmed that this allows two types of amendments: Habitat Protect/on Ordinance and other environmental type regulations, man- dated by the Growth Management Plan. In addition, he remarked that anything established as a legal requirement would be included. County Attorney Cuyler advised that one party ts claiming a hardship, that needs to get into the amendment cycle. Assistant County Attorney Howell pointed out that possible cri- teria are: hardship was not created by the applicant; a good faith effort has been made to resolve the problem; and that the applicant had relied on something that the County had said or done. Assistant County Attorney Howell suggested that Paragraph ! of the Resolution be amended to say: "... and to identify legal deficiencies in the LDC and hardships as found by the Department of Community Affairs or the Community Development Department." Assistant County Attorney Howell stated that another Paragraph should be added that discusses the criteria that would be applicable. ~mm/~miom~r Voll~ moved, ~cond~d by Commissioner C~n~tantln~ ~nd Page 22 April 6, 1993 (2~o) County Manager Dorrtll spoke to the issue of salt water infiltra- tion into the sewage treatment system at Everglades cared that he will be asking staff to develop a proposal for the County to operate the plant under an agreement with the City and report back to Board with regard to same. Commissioner Volpe questioned the settlement proposal in conjunc- tion with the Class Action lawsuit re the 1991 Bed Tax. County Attorney Cuyler advised that he will be discussing this Item at the April 13, 1993 meeting. County Manager Dorrill announced that the County has won the Sterling Award from the State of Florida, which is done in conjunction with the Governor's Office and the Florida Chamber of Commerce. · s, OommAmmio~mr Worrim loved, seconded by Commlmmlonm~ mm4 ~m~riM ~/0, that thm follmeing ttm under the k ~ m~/or adopted: Itmm ~A~ ll~ L~ OF CREDIT ACCH1PT~D A~ S~CUtqXI~ ~R Z~C~I~IMG SIT~ ~ PF. JLII' NO. 92-22 "FIELDSTONE VILLAGE PHASE See Pages .. ~-'~ 93-139 RET2L~k~XMG TH~ MAIMT~MAMCE SKCURIT~ AMD 6RAMTIMG · OC~FTAII~ OF TH~ ROADMAY, DRAINAGE, MAT~Iq AMD 8~MER ~ FOR ~ FINAL PLAT OF "TUIqMB~Y" See Page Xtmm NAT~3~ F~ILITX~ ACCEPTED FOR AUld]BOM COUMTRY CLX, ~IT IX - ~ ~ ~CORDED TN ~R ~nn~ PACES NOTE~ DOC~NT NOT --- RECEIVED I~' CLERK TO Xt~ ~1~4 wtt~ BOARD OFFICE AS OF JULY 19" 1993 RIC0g~331g OF Till FINAL PLAT OF 'ALBRZGHT ACRES' 90-140 I~II~ASXM6 ~ NA~ S~CURITT AMD 6ItAMTIle9 A~C~TAMC~ OF TI~ ltOAD~AY, DIqAI1Zt~E, WATER AMD ~ AprXl ~ I'OR THI IPII~AZ. PLAT Off 'B'APA RXDO~ ~IXT See Page ~ ~OY RECEi%~ED i~ CLERK TO BOARD OFFICE AS OF 7/19/93 Itu JISA11 RI~OL~T~OM 93-141 ACl3~WLKD(3II~J THI RESUBDZVZSZ~I OF TRAOT 171, A PORTZ(31 OF & Mq~VIO~BLY RECOIqJ~KD PLAT KNOWN AS GOLDEN ~ATE ESTATES ZtMl~lIB2 PATMBIIT OF OUTBTAIDZI~J TAX CKlqTZFZCATE ~ FOR RIGHT-OF-MAY PARCEL 126R, S.R. 961 FRO3ZCT BKTgKIN U.S. 42. AND THI NARCO RIVIR - IN TH~ Jl~OqNIT O/ el,710.12 &pFA! 6~ 1993 WITH HOT,E, MOJFTI:S &lid ASSOCIJtTZB, IJlC., FOR FOR C.R. 961 - XN 'f~. ~ OF $141,161.14 SEE PAGE$~ :ltmm ~1~01 BID ~-~011 FOR TJX I'URCKASI OF PORTLBL~ BLF,,ILCKK]t9 AT VAR/Oq38 PARK SI'TI~ - ~ TO ROBERT T. FRAJFKL13I& ASSOCIATES, INC., lt~ ~1~"~ wtthdr~en ~ ~ ~fJ~l~ /~1TH~ &N OUST 0~ $45,017.9B lt~ ~16e2 wJtbdz'm,~ The fo/lowing miscellaneous correspondence was filed and or referred as presented by the Board of County Commissioners: Page 25 1990 T&X ROLL 332 03/23/93 114, 128 1992-97 1992-105/1992-106 Item el6J2 1992 TAX ROLL 03/O1/93-03/22/93 1992 TA~GZBL~ P~t,SONAL PROPERTY 02/25/93 03/25/93-03/30/93 KXTRA ~ TZME FOR ZRMATE ROS. 29782, 35827 &,RD 60361 ~&TZ~F&CTZ~B OF LZ~ FOR S~RVICIS OF TH~ PUBLIC DL~END~R See Pages Item ~16~1 ~IkTZ~F&CTZON OF LI~ ~R ~~ OF P~ ~l~ ~, ~S C. ~ ~S V. COL~ See Pages Item #16K2 CONFI~IkI~D TRUer FU)ID~ TO FROVZDI II~IIDIRG FOR C0~TZNU~D DRUG JkBUgK ~:~.~TZON&ND I~I~V~]ITIOR ~D~C&TZON AT T]~ 3URIOR ~ - IN 'J'~ ~ OF 910,200 Ztem ff16K3 BO&RD OF COO]ITY C01~q/SSZONER~ TO flKlqV~ AS THE LOCAL COORDZNATZNG U~ZT OF GOVB~ZlMKIIT ZN ~ S'fATE OY IrLOR/DA~S DKP~ OY COI~IUNZTY JkrFAZlt~' A~fZ-DRUG ABUSE ACT FORHUL& GRANT FROGRAH See Page Page 26 April 6, 1993 There being no further business for the Good of the County, the meeting was adjourned by Order of the Chair - Time: 4:30 P.M. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX ATTES~T~,v ?.-~j.;?~-:'. , m , ~.. w, ~,~t~ r.W..,. :.,... Page