BCC Minutes 09/15/1992 R Naples, Florida, September 15, 1992
LET IT BE REMEMBERED, that the Board of County Commissioners tn
and for the County of Collier, and also acting as the Hoard of Zoning
Appeals and as the governing board(s) of such special districts as
have been created according to law and having conducted business
herein, met on this date at 9:00 A.M. in REGULAR SESSION in Building
"F" of the Government Complex, East Naples, Florida, with the
following members present:
CHAI~MAN: Michael J. Volpe
VICE-CHAIRMAN: Richard S. Shanahan
Burr L. Saundera
Max A. Hasse, Jr.
Patricia A. Goodnight
ALSO PRESENT: John Yonkosky, Finance Director; Annette Guevin
and Kathy Meyers, Deputy Clerks; Nail Dorrtll, County Manager;
Jennifer Edwards, Assistant to the County Manager; David We/gel,
Dennis Crontn, Ramiro Manal~ch, Richard Yovanovich and MarJorie
Student, Assistant County Attorneys; George Archibald, Transportation
Services Administrator; Frank Brutt, Community Deve~°,pment Services
Adm~nistrator; William r. orenz, Environmental Services Administrator;
Tom Olliff, Public Services Admin~atrator; Leo Ochs, Administrative
Services Administrator; Fred Bloetscher, Assistant Utilities
Administrator; Ken Bagtnski, Planning Services Manager; Bob Blanchard,
Growth Planning Director; Tom Conrecode, Office of Capital Projects
Management Director; John Boldt, Water Management Director; Bob Fahey,
Solid Waste Director; Dave Pettrow, Development Services Director; Dan
Pucher, Fleet Management Director; Keeth Ktpp, Recycling Coordinator;
Bill Griffin, Emergency Services Administrative Manager; Ed Kant,
Senior Transportation Engineer; Russ Muller, Transportation Capital
Project Engineer; Bryan Milk and Sam Saadeh, Planners; Sue Fllson,
Administrative Assistant to the Board; and Deputy Dennis Huff,
Sheriff's Office.
Ol'
Page
September I5, 1992
Ta~e#l
(2SO)
CC~ll~eeloa~r ~ loved, eeconded by Comiteeloner Shanahan ~nd
carried ua~n~oully, that the agenda bi approved with the changee
~ detailed on the Agenda Change Sheet.
Page 2
COISKIT AGI3rDA - APFROVKD AND/OR ADOPTED
Septenber 15, 1992
The ~otlon for approval of the Con~ent Agenda lo noted under Item
(203)
~r~NUTT~ OF T~ R~ULAR ~TING OF SNPT~4B~R 1, 1992, AITD THE SPECIAL
W~rf~ OF ~ 2, 1992 - ~PPIt0V~D
Commissioner Shanahan moved, seconded by Comtlaeloner Haooe end
carried unanimously, to approve the Minutes of the Regular Meeting of
8optelbor 1, 1992, and the Bpoctal Meeting of September 2, 1992, ma
pre~ented.
(313)
~t~..I~'I'~01'D~G]~A~Z~G $~:~'~q~R 21-25, 1992, A5 I]ll~5'f]~
Upon reading and presenting the proclamation to Btll Barton,
Com~lllloner ~le moved, oeconded by Conloeloner Shanahan end
carried unanimously, that the Proclamation designating September
21-25, 1992, u In~t~ A~reclltlon Week ~ Idopt~.
Page 3
September 15, 1992
(420)
lte~ ~B
Commissioner Saunders congratulated the following Collier County
employees and presented their Service Awards:
Nelda B. Dyson, Solid Waste
Suzanne C. Hamm, Probation
Norms A. Boone, Comm. Dev./Plan. arcs.
Mi~uel Martinez, Road and Bridge
- 5 years
- 5 years
- 5 years
- 25 years
Item ~D
SPECIAL K~PORT B~ COOPERS & LYBRAND ON THE FRANCHISE FEE CALCULATION'
FOI~J~TI MAnagEMenT, INC., FOR TH! YEA~ ENDED DECEMBE~ 31, 199! -
ACOEPTED
Finance Director Yonkosky explained this item deals with a special
report prepared by the County's external auditors, Coopers & Lybrand,
on the franchise fee calculations for Waste Management, Inc., for the
year ended December 31, 1991. He said the Board appointed its exter-
nal auditors to perform a revenue audit and review of the allocation
methods of both Waste Management, Inc., and Immokalee Disposal
Company. He indicated this item contains the review and report of the
Waste Management, Inc., revenue audit, ae well as a letter to County
Manager Dorrill from the external auditors stating they have not been
able to complete the review of the Immokalee Disposal Company. He
concluded the report turned in on Waste Management, Inc., agrees with
the amount of funds collected by Collier County.
Commissioner Volpe inquired how the County will be addressing the
audit of the Immokalee Disposal Company?
Phyllis Jones with Coopers & Lybrand, stated they have been
attempting over the last several months, to assist Immokalee Disposal
Company in putting their records together in order to issue some type
of audit report. She said the main problem is her firm cannot ascer-
tain that their records are complete.
Commissioner Saunders questioned why the records are 80 poor?
Ms. Jones stated Immokalee Disposal Company is a small, family-run
Page 4
September ~5, 1992
operation and they have not been particularly concerned with the
various controls that auditors look for.
Commissioner Saunders commented they need to know that the company
may be a family-run business, however, the County cannot permit a
franchisee to operate under those condit~ons. He suggested the Board
convey to the Company that unless there is an immediate correction,
and perhaps even if there is an immediate correction, action will be
taken to start the process of canceling their franchSse.
In response to Commissioner Shanahan, Ms. Jones said at the
beginning of 1992, the Company purchased a new computer accounting
system that will help improve their records. In addition, she said,
she has advised them of the type of items she expects to see at the
end of the year. She added they were very cooperative and very dili-
gent in keeping a record of what will be needed. She mentioned she
also provided them with five written recommendations as to how to
improve their records.
Commissioner Goodnight communicated the problem has strictly been
a lack of knowledge on the part of the Immokalee D~eposal Company
and now that they have been told what the County wants, they have been
very cooperative.
In answer to Commissioner Saunders, Solid Waste Director Bob Fahey
replied there have been no customer complaints and he does not believe
th~s situation will occur again.
Commissioner Volpe asked that Coopers & Lybrand provide the Board
with a recommendation.
Me. Jones suggested she be allowed to report back to the Board ~n
a short period of time.
It w~e the conJensus that Coopers & Lybrand report b~ck to the
Count~ I~ger within 20 d~ym on the completeness or otherwise of the
~udit of t~e I~okalee Di~poem!
John Kesch! spoke regarding this item.
C~leeloner Shanahan ~oved, seconded by Commissioner Hmmee and
carried unanimously, to accept the Special Report on the franchise fee
Pa~ 5
Ssptsmbor ~ ~992
(17~2)
ORDZ)[A~C~ 92-68 R~ PETITION CU-92-2, CRAIG SHITH ~.~QU~STING
CONDITIONAL USES FOR SPORTS INSTRUCTIONAL SCHOOLS AND CAMPS AND
SPORTING AND R~CRKATIONAL CAMPS FOR PROPERTY LOCATED ON THH NORTH SIDE
OF FINE RIDGE ROAD, APPROXIMATELY 3/4 MILE EAST OF AIRPORT-PULLING
ROAD - ADOPTED SUBJECT TO A~KEEMENT SHEET
Legal notice having been published in the Naples Daily News on
August 13, 1992, as evidenced by Affidavit of Publication'fi/ed with
the Clerk, public hearing was opened.
Planner Sam Saadeh presented Petition CU-92-2, which he reminded
was continued from the meeting of September
Commissioner Hasse commented he asked for this item to be con-
tinued. He indicated he has since driven and walked through the
entire operation and is now tn favor of the request.
Craig Smith with Naples Progressive Gymnastics, provided the Board
with a revision with regard to the shower issue. He stated his
engineer has drawn up a slight revision which includes a shower house
between the ~mnastum and the cabins, which is being proposed mainly
for the convenience of the campers.
Responding to Commissioner Volpe, Mr. Smith stated the facility is
on a septic ~stem now, however, he is willing to stipulate to tying
in to the County's sewer system when it becomes available to him.
Commissioner Saunders commented that will be a matter of /aw tn
any case.
In answer to Commissioner Volpe, Mr. Smith advised the personal
residence will be for his own use and the coaches will stay in their
own facility. Also in response to Commissioner Volpe, Mr. Smith
reported the hours of operation are now 8:00 A.M. to 9:00 P.M. and
will remain the same.
COlll~llJOZ~er Hills loved, lecol~ded b~ Colltlltoner Goodn~ght
c~-Tledunamt~ou~l¥, to c~ose the public hearing.
Co~mlssioner Kas~e ~oved, ~econded by Commissioner Goo~ntght ~nd
P~ S
.~a~lmo~ml~, tb~t l~tttlo. CU-92-2 be &l~roved, m~bJect to the
~t, A~d that 0~4t~ce 92-68 be
Book ~o. 55.
Page 7
September 15, 1992
(2327)
C~AL Sl3~VZC~ A~ FOR I~DZCAL ~J~ITI~R $~lC~e$ BITT~]I
COLLZI~ COUIT~ NN~)ZCAL ~ll]r~R D~PARTI~Irf, A I~3RZDA CORI~)RATZON, JUID
~ COLLIER COUNTY BOARD OF COUFI'Y COI~ISSZ01~ERS - APPROV~D WITH
CHA~G~
Bill Griffin, Emergency Services Administrative Manager, sum-
marized the situation leading to the proposed agreement between the
Collier County Medical Examiner and the Board of County Commissioners.
Assistant County Attorney Ramiro Manaltch explained there continue
to be four unresolved issues, namely: method of payment, compensation
for expert testimony tn court, Indemnification language within the
agreement and the corporate name being used by the Medical Examiner.
Dr. Matra Rionda, Collier County Medical Examiner, reported the
correct amount per month being received for the services of the
Medical Examiner ts $25,700. She also clarified that the payment of
rent on the facility used by the Medical Examiner's Office te
subtracted from, rather than ~n addition to, the annual budget.
In response to Commissioner Volpe, Dr. Rtonda explained Hendry and
Glades Counties form part of District 21, under the Lee County Medical
Exeuatner*s Office. She said many of the smaller Counties merged with
larger ones, however, because of the geographical size of Col//er
County, it Is one district.
Answering Commissioner Volpe, Dr. Rionda replied approximately 300
autopsies are performed per year. In addition to that, she said, they
also approve all cremations and any other kind of case that comes to
their attention that should be reported, but does not directly fall
under the Jurisdiction of the Medical Examiner. She concluded that
raises the total number of deaths Investigated by their office to ~n
excess of 1,200 to 1,300 cases per year.
Commissioner Saunders suggested each of the unresolved Issues be
discussed and decided by the Board, beginning with the method of
payment.
Dr. Rtonda advised since she took office as the Medical Examiner,
Page 8
September 15, 1992
she has been paid in advance each month.
Co~missloner Saunders asked if the County may legally continue to
pay tn advance for the Medical Examiner services?
Assistant County Attorney Manalich communicated in his research,
the only situation he has encountered tn the Attorney General opinions
and case law that allows for payment in advance is where there is spe-
cific Statutory authority to do that. He indicated this situation
lies in a gray area, because there is no specific, direct authoriza-
tion, however, Chapter 406 states The Board shall fund the Medical
Examiner~s Office. He advised the safest course for the Board to
follow is to pay for services rendered. He concluded although it is
not his recommendation, there is room for the Board to Interpret that
Chapter 406 provides the Statutory authority for the funds to be paid
in advance. He mentioned tn surveying other Counties, the majority
pay for services rendered. He said he has found three Counties tha=
pay in advance, however, the Medical Examiner ts required to poet a
bond for 8100,000.
Dr. Rionda asked the Board to understand tf she is not paid, she
a/so has a difficult t~me paying her employees, because there is no
cash flow. She agreed with Finance Director Yonkosky that she can
seek a loan, however, she cannot promise the Board that anyone will
grant her such a loan to pay her employees In advance and be reim-
bursed by the County.
Commissioner Shanahan inquired if Dr. Rtonda is in the position to
post some sort of security, to which she replied tn the negative.
In agreement with Commissioner Saunders that the County may have
the legal authority to prepay expenses to the Medical Examiner,
Assistant County Attorney Ramtro stressed that ts not his recommen-
dation.
Flnalace Director Yonkosky expressed the opinion that monthly
payments on a loan to cover the expenses for one month could be built
into Dr. Rtonda's reimbursement check, rather than paying for services
Page 9
September 15, 1992
in advance.
Xt ~ tl~e con~en~u~ of the Board that the currant ~thod of pre-
p~memt to th~ Nedical ~tner wil! continue.
Discussion ensued regarding whether to pay Dr. Rtonda for expert
witness testimony only after she has performed twenty hours of such
testimony, or whether she is entitled to those fees for any and all
testimony.
It ~ th~ consensus that the ~gree~nt will be changed to reflect
~t to Dr. Rtonda for all expert witness tastt~cmy.
Discussion followed regarding the Indemnification language con-
rained In the Agreement.
Assistant County Attorney Manaltch recommended the language remain
the same, with the following clarification: "This provision shall
also pertain to any claims brought against the County by any employee
of the Nedlcal examiner, any subcontractor, or anyone directly or
Indirectly employed by any of them ~for attorney's fees, cost of liti-
gations, Judgment of any type or description arising out of or inci-
dental to the performance of this agreement or services performed
thereunder.~'
Co~teetonsr Saunders expressed reservations on the suggested
language and asked Assistant County Attorney David Wetgel to provide
his ~lth a copy of the standard Indemnification language used in all
other agreements with the County.
It w~ f~e con~ensus that the language suggested by ~slstant
CounW &ttorney ~lich be accepted.
Assistant County Attorney Nanalich next broached the subject of
the corporate name being used by the Medical Examiner, specifically,
'Collier County Nedtcal Examiner Department, A Florida Corporation'.
Contsstoner Shanahan suggested Dr. Rtonda change the name to
'District lO ~edlcal Examiner', to which she agreed.
The following people spoke regarding this item:
Pat Ptlcher Douglas Mcatlvra
Prances Barsh
CslNioner $~undera ~oved, seconded by Coeleetone~ Goodntght
·nd o~rrled unanimously, to approve the Contractual Service AgreeNnt
Page 10
Sapteaber 15, 1992
for I~dtc~l ~l~r e~rvtcea bet~en Coil/er Count~ Medical ~.a~tner
~t, · Flor/da Corporation, and the Collier Count~ Board of
Count~ Coo~Aemior~rm, w/th the changes u reflected above.
11:20 A.M. - Reconvaned: 11:30 A.M.
(1872)
ltea#lOA
Commissioner Saunders reported he has submitted a memorandum to
the Board of County Commissioners in which he discussed the function
of the City Beach Renourtshment/Maintenance Committee. He said the
Committee has functioned for approximately two years evaluating every
conceivable type of beach renourishment program. He indicated they
are now requesting the Board to establish this advisory committee as
the City and County Beach Renourtshment Advisory Committee, so that
the large mmount of work already done may be shared with the County,
without the County having to establish a separate committee.
Arthur Neumann0 Chairman of the Naples Beach
Renourtshment/Maintenance Committee, gave a brief overview of the
Committee and its involvement with the County.
Commissioner Hasse suggested he will support this request if the
0o~mlttee expands its membership to include citizens of the unincor-
porated area of the County.
In response to Commissioner Shanahan, Assistant County Attorney
David We/gel advised establishment of this Committee as a County advi-
sory board will in no way supersede or supplant the Marco Island Beach
Renourlshment Committee.
The following people spoke regarding this item:
Gary Beardsley Ronald Pennington
Chester Dobeck
X%~ tJ~e con~en~ to direct the Co~nt~ Attorn~ta Office to
dr~ft mn ordinance that cra·tea ~n overall committee with the nucleu~
centerod around ~-u2'r~t Mid, ere of the Ctt~ ~ach Re~ts~t/
Pa~e 11
Sapte~aber 15, 1992
Ilalnte~amce Committee, expamttn~ aeBbershlp to tncl~lm representation
from t~e --tacorporate~ area of the County.
Commissioner Saunders suggested this item be addressed with the
City Council at the next Joint City/County meeting.
(2793)
lq~(~ FOR BOARD DIRECTION Il FUTURE 'PLAN-OF-ACTION' FOR NAPLES PARK
DR&~ PRO,,,'-~CT - ST&FF TO RETUR]~ IN 30 DAYS W/TH INTERINPLAN
Water Management Director John Boldt communicated in addressing
the Naples Park Drainage Project, the Board needs to consider two dif-
ferent Issues. One, he said, ts the long term solution to the
flooding and the condition of the canal between 91st and 92nd Avenues
along 8th Street. He Indicated the second Issue will consider short-
term solutions that may be put tn place until such time as the full
project can be developed, to eliminate some of the frequent flooding
along the south end of 8th Street. He recalled this issue began in
1986 when a special M.S.T.U. was established to fund a preliminary
study. Be said in 1988 a detailed questionnaire was sent out to over
3,000 property owners tn the Naples Park area, of which 26~ or 80!
responses were received. He indicated in analyzing the responses,
only S?~ of the people were in favor of the improvements, with 63~ not
in favor of either the primary or secondary system. He said on the
other hand, there is the need to protect the rights of the minority
who are being Inconvenienced and damaged by the consistent flooding
that occurs along portions of 8th Street and adjacent properties. He
reported the ordinance for special assessments sets forth a provision
that the Board may establish a special assessment district on its own
initiative, declaring the project ts necessary for the public health,
safety and welfare, instead of requiring a petition signed by a
majority of the property owners. He provided the Board with a map
depicting 8th Street culverts and the current conditions during a
rainstorm. He advised the short-term solution will be to put larger
~lverts in place along 8th Street, at a minimum between 92nd and 93rd
Page 12
September 15, 1992
Avenues,
Co,~lssioner Shanahan tnqulred ~hat the cost ~ould be ~o~ a
te~ solution?
T~s~a~on Services A~n~s~a~o~ A~ch~ba~d ~esponded ~uch
larger pipes can be installed ~n ~wo or three locations rather
~d if done ~n-house, ~ay be completed at a cost of $10,000 to $15,000
at each location. He sa~d the larger p~pes will allow the doubling or
trip~ng of ~he capacity, which means the water can be removed in one-
third the t~me.
T~ ~
~e following people spoke regarding th~s ~tem:
Richard Wood (wlth photo)
Gene Pictor! (with photos and letters)
Douglas McOtlvra
Marls Sourbeer
George Keller
Vera Fitzgerald {photos)
Lawrence Ptstort
Don Fitzgerald
James DeCarlo
Charlotte Westman
'Commissioner Volpe asked if tn Mr. Archibald's professional opi-
nion that upstzlng the pipes will help to alleviate the major portion
of whet is depicted in the photographs presented?
Mr. Archibald responded tn the affirmative, adding that type of
project can be undertaken relatively inexpensively In comparison to
the scope of changing the entire drainage system. He requested the
Board allow him to put together an interim plan of changing some of
the pipe sizes to increase the capacity, which he will bring back to
the Board of County Commissioners.
Co--missioner Shanahan suggested area residents prepare a new sur-
vey In order that the Board have updated Information from the com-
munity whether or not they are interested tn the overall drainage
project as a special assessment at this point In time.
Commissioner Hesse questioned who will pay for the interim plan?
Mr. Archibald stated he will return with a plan and a funding
mechanism.
C4~ILt~r Vol~ ~, ~e~::onde~d b,f Co~taeloner Sh~n~h~ ~u:ld
~'~c~l~ Iz~nJ3Bou~ly, to direct Staff to return in 30 ~ with ~n
tnte~t~ plan that will address the drainage problem on the ro~s
~ lntmectlon~ d/scueed, u w~ll u Identifying people whose
not In co~ll~nce w/th current code, w~at red.Jla!
~cttm ~ tm t~k~n and at whos~ expense.
~ mt 1:00 P.N. - Reconvened mt 1:58 P.N. at which time
Clerk Ne.ers replaced DepuW Clerk Guevtn. ***
~C'K~flFXCATK OF OCCUPARCYAPPROVKD FOR THEVKT*KRAB*S OF
POST 8089 FOR THE POST HOM~ T.,OCATKD AT 3417 KJITKRPRXSE
· FF~CT/F~ ~EPTEMBER 15, 1992 TO MARCH 15, 1993
County Manager Dorrtll reported that additional paving ts needed
for VFW Post 8089 and that the members are requesting a six month cer-
tificate of occupancy tn order to effectuate the final paving of the
parking lot.
Commt~loner maunders ~oved, seconded by Co-~Iseloner Shanahan and
C~'TAed unanimously, to te~ue m six ~onth te~por~ corrAl/cate of
o~cnp~=F to VTN Post 8089 to be effective September 15, 1992 through
M~c~ 18, 1993.
(xoes)
~TI0~ TO DII~CT STAFF TO DRAFT AN ORDINANCE REI~&LIRG
ORDi~M~I~O. 8~-89 gSTABLIS~ING THE PUBLIC FKHICLK ADVISOK~COI~ITTE~
A~D G~DIN&)IC~ ~O. 91-93 REGULATING rEtICLES FOR HIRH OPERATING M/THIN
COT. LI~CO~ITY- BO&KD RECO~D~ERDS A PUBLIC HEARING BE CONDUCTEDTO
Leo Ochs, Administrative Services Administrator, explained that
this Issue to the result of complaints received by Fleet Management
from within the Industry, not from taxi cab customers, and deals
specifically with unlicensed operators coming Into Collier County and
picking up fares.
Mr. Oche advised that Staff's recommendation ts that the entire
vehicle for hire Industry be unregulated tn Collier County as it
relates to the rates, and that this ts tn concurrence with the recom-
mendation of the Public Vehicle Advisory Committee.
The following people spoke 'to this item:
Russ Bataley
Gary Mastro
Dick Lydon
soo, flO0 , 25
Page 14
September 25, 1992
T~ ,4
Co,missioner Volpe reviewed that there was discussion at the last
meeting as to an alternative approach which would be having some
dtchotom~ between the limousine service and the taxi service. He
questioned if this ts an alternative that Staff has considered beyond
the discussion stage. Mr. Ochs indicated that this has not continued
beyond the discussion stage but te an option if the Board wants Staff
to research it. He discussed that members of the PVAC and members An
the limousine component of the industry would prefer to be deregu-
lated.
Commissioner Volpe polled each Board member on his/her views.
Co.missioner Saunders expressed that he does not agree with the
repealing of the Ordinance. Commissioner Hasse concurred.
Commissioner Saunders recommended that a public hearing be con-
ducted regarding repealing the Ordinance, so that the industry can
present evidence and Staff and the community can provide Input. The
Board concurred.
Commissioner Volpe suggested the possibility of a two-tiered rate
etI-ucture, one for limousines and one for taxi cabs. He acknowledged
that the Board te not giving Staff direction at this time to draft an
ordinance to repeal the Ordinance in ~te entirety.
INC. TO CONDOCT A CARNIVAL ON NOVEMBER 20, 21 and 22, 2992, AT FLORIDA
SPORT~ PA~E ON STAT~ ROAD 951 - APPROVED
Frank Brutt, Community Development Services Administrator,
reported that this Petition fi/ed by Carlton Case of th~ Kiwanis Club
of Naples, is to conduct the Clyde Beatt¥ Circus. He summarized that
Staff recommends approval.
Ce~,Lt~one~ Shanahan ~v~d, seconded b~ CO~l, tSstone~ ~ ~d
~t~ ~t~ly, to a~r~e the Pett~ to co--ct a c~tval ~
N~ 20, 22 ~d 22, 2992 at F/ort~ S~rtl P~k, tbre~ a~r~i~
~2~ ~t 92-2.
Page 25
September 15, 1992
~ (FF A]ID ]IXCOI~]IDATION8 REGARDING TI~ PROPOSALS FOR THE DESIGN
JLIID CO~I~FI~CTIC~I OF A MA~OR LEAGU~ SPRING TRAINING FACILITY (RFP
· 92-1~2) -EI]~I~/CITYGATE PROPOSAL RECOI~[ENDED AS TH~ ~CE OF
County Hanager Dorrill'reported that the County has received two
proposals in response to its request - one from Collier Sports
Associates, Ltd. and one from Htnes/Cttygate. He noted that Staff is
requesting that the Board select one of the proposals as the
preferable, and solicit more Information.
Hr. Dorrtll indicated that the proposal from Collier Sports
Associates, Ltd. was not completely responsive.
Brian Weber highlighted the proposal of Collier Sports Associates,
Ltd. to the Board. He noted that fifteen acres of buffer acreage Is
being added in response to concerns expressed by neighbors, and Inter-
hal roads will be financed and constructed to feed the complex. He
expressed that tn exchange for this they would look for assistance
with t~act fees.
In response to Contsstoner Volpe, Hr. Weber confirmed that
Collier Sports Associates, Ltd. will consist of the land-owning
Interest of Carlton Lakes, SCA Development, Hr. Weber himself, and the
development company he represents.
Hr. Weber pointed out that events can be booked at the Facility
during the off season.
County Manager Dorrill discussed that this proposal ts not respon-
sive to the RFP, specifically:
The limited partnership is not a legal entity;
2. The facility adversely impacts adjacent or nearby areas;
3. The secondary pledge of the security Issue ts not completely
developed to the extent that it indicates how the bonds will
be 801d and secured to convey the facility.
Hr. Weber explained that the security and bonds will be analyzed
when the bonds are ready to be marketed since It may be better to sell
a rated issue without insurance rather than fronting the cost of the
Page 16
September 15, 1992
?
Insurance.
M~chael Salter, President of Reality Venture Management, Intro-
duced hi.self and began a preeentatton for the H~nes/Cttygate propo-
Ron McLemore discussed the proposal and outlined that the
following etrategtes will be utilized:
The prtvattzatton of the operation and maintenance of the
2. Taxes and financing of the cost of construction facility and
credit enhancement;
3. Two teams are being considered, but the selection will be made
that beat insulates the taxpayer.
Bob Price, Attorney, explained that once the County would agree to
issue the bonds, they would proceed to issue them and they would be
tax exempt, with the County being the legal owners.
Jim Eaton related that he assisted in the bond underwriting for
the proposal. He indicated that the turn key development cost ts
nineteen million dollars. He confirmed in response to Commissioner
Volpe, that it can be constructed and financed with tax exempt
financing.
Regarding team selection between the Royals and the Braves, Mr.
McLemore related that they both have stated their willingness to fit
within a situation where there would be no eubeldtes from Collier
County.
Regarding Internal roadways, Mr. McLemore referred to the over-
sizing of roads in the development caused by the stadium activity and
noted that the financing will be bourne out of the bond issue from
the Tourist Development Tax.
Earl Santee with HOK, reported that he designs sports facilities.
He related previous designs for facilities that he has completed, one
of which ts the Scottsdale Multi-Use and Cultural Arts Facility tn
Scottedale, Arizona, which can also be used for concerts. He noted
that he ts working on the Fort Myers project for the Boston Red Sox.
Page 17
September 15, 1992
Jay Wiper with Hines Interest, related he represents a top rank
development firm tn the United States and is working on the Fort Myers
project for the Boston Red Sox with HOK.
The following people spoke to this item:
John Stock
Gary Beardsley
George Keller
Frances Barsh
Commissioner Shanahan Bcr~wd, seconded by Comaissionsr Hesse and
carried unanimously, to recommend the Hines/Cltygate Proposal u the
preference of the two propo~uls.
ese Recessed at 4:45 P.M. - Reconvened at 5:00 P.M. eeo
(~OOS)
ltem~SB1
~~]rDATXON TO APPROVE THE FINAL NEGOTIATED CONTRACT FEE WITH
MILLER, BARTON & PEEK, INC. FOR PHASE I PRELIMINARY
K]JGXJIIXRIJJG A]gD KNVXRONKKNTAL ASSESSMI3F~ SKHVICES FOR SANTA BARBARA
BOULIV~ SOOTH TO RATTLKSXAKX-~ ROAD; CIE X0. 032 - COHTIHUKD
Cogmiseloner Saunders moved, seconded by Comntssioner Shanahan and
carried unasxiBouol¥, to continu~ this tteR for one week.
(2ooa)
Xtem~4~l
CON~XDERATXON OF PROFESSIONAL SERVICES FROM FINANCIAL AND LEGAL
CONSULTANT TO FROVIDE SERVICES RELATIVE TO THE IMPL~]~ENTATION OFT HE
COUNTY'S STOlqMMATKR ASSESSMKrf PRO(3RAM - CONTIHU~D ONE WEEE
Comttsstonsr Saunders moved, seconded by Contssioner Shanahan and
carrted~manim~u~l¥, to continue this item for one ~eek.
(2ooa)
ltem~Hi
R~COg~I~3EDATION THAT THE BOARD OF COUNTY C09~ISSIONERS AUTHORIZE STAFF
TO )IEgOTIATE MIT~ TEE ~ BIDDER ON THE GOLDEN GATE CO~B~3NITY PARE
A~UATXC FACILITY (BID ~92-1948) - CONTINUED ONE WEEK
Co~Assioner Saunders moved, seconded by Contsstoner Shanahan and
cmrrted~lmou~ly, to continue this tte~ for one w~ek.
(20o8)
Xtra ~810
~CO~k%TIONTHAT THE BOARD OF COUNTY COmmiSSIONERS AFFROF~AND
&~Z~THE CHAII~MANTO EXECIFf~ A MORKORDERUNDERTH~ ANNUAL
~ FOR PROFESSIONAL ENGIITE~RING SERVICES (FOREST LAKES ROADMAY
AND ~ M.S.T.U.) - CONTINUED ONE WEEK
September 15, 1992
Co~issioner Saunders ~oved, seconded by Co---lssioner Shanahan ~
c~t~ ~~ly, to contt~ this item for one ~k.
(204a)
~ ~TI~S OF N~, INC., IN ~ ~IC~ ~Y ~ -
Frank Brutt, Community Development Services Administrator,
referred to the details of the Executive Summary regarding this
Report. He noted that the County Attorney's Office will be presenting
to the Board a recommendation to accept the deed for 15.38 acres,
which will fulfill the obligation of the 20 acre requirement.
Nr. Brutt summarized that the requirements have been fulfilled
relative to the beach parking, community and neighborhood parks.
Co~alesiorier Shmr~than ~ved, seconded by Co,missioner Hesse ~nd
carried unanimously, to accept tho update on the statu~ of the con-
.unity a~d neighborhood parks tn Pelican B~¥.
(2220)
BOARD OF ~G APPEALS APPROVAL 0F THX BUILDING OlrrICIALtS DECISION
TO OVI:RR~DI A STAY THAT HAS BEEN EXECUTED PURSUJUIT TO CKAPTE~ 28-16
COLLIER COUJlTT CODE 0F ORDINANCE FOR TKK C01(PLKTION 0F A C(:Wl4~:~i~CATION
Frank Srutt reported that a stay was placed on the completion of a
coemunicatton tower tn North Naples. He noted that the engineer for
the organization constructing the facility advises that certain safety
factors afford the necessity for the completion of the tower i.e. a
safety fence should be erected and necessary ground cables should be
put in place.
The following people spoke to this Item:
Anthony Pires
Bruce Anderson
~tlstono~ S~u~ders moved, seconded by ComRissioner Shmnah~n end
CazTiedun~ni~ously, to approve Staff's recomndation to override the
(2600)
Zteu d~e4
P&g~ 29
APPROVED FOR CONSTRUCTZON/D~NOLITION~ FOR
][AFL3~]~CTCLI]IeI~SOUItC~ FRO~R~S~ES FOR CONTIN~]CZES AND
Bob Fahey, Solid Waste Director, explained that this item is a
recommendation for approval to increase the funds allocated for the
contractor who performs the construction demolition recycling tn the
amount of $1SS,000. He noted that this Increase will allow payment to
the contractor to the end of this fiscal year.
Frances Barsh spoke to this item.
Court.loner ~:~:~nl~ht ~r~ed, seconded bF Co.~lss~oner Shanahan
~n4 ¢~=Tie4 ~ani.~msly, to approve the tm~get ~n~sent to re~ove
fro~ oontt~g~n¢tes an additional $1330000 to fund the additional
recF~li~g.ork ~eqnlre4 mt the I.~ndflll.
(essa)
- ~TAIf~'B~2~321DATION~ REJECTED
Transportation Services Administrator Archibald noted that Miller
Boulevard is an existing ltmerock road that exists between Southern
Golden Gate Estates and U.S. 41. He distributed an outline to the
Board and reviewed it. He noted that the recommended patch work on
Miller Boulevard would consist of filling the holes In the road, and
would not Involve paving.
Tape
The following people spoke to this Item:
Gayla Brett
Chris Straton - provided handout to the Board, Friends of the
Bald Eagle
Jails Doubek
Gary Beardsley
Chief Wayne Martin
Catherine Dees - provided letter and Supplemental Environmental
Assessment to the Board, Save the Florida Panther
Ktmberly Dryden - provided letter to Board from Florida Game and
Fresh Water Fish Commission
Peter Plage - distributed a copy of his prepared statement to the
Board
Susan Davis
Sidney Maddock - presented handout to Board regarding the Doerr
property
Chief Doerr
Bill Branan -..
~lleen Arsenault
Page 20
September 15, 1992
Charlotte West~an
Doug/as McGLlvra
Co~m/nLoner S~mders moved, seconded by Cow-/asLouer Sbanahan ~nd
carr~l~ 4/1 (~AlsAoner OoodnAght opposed), to reject Staff's recom-
mwnd~tA~ to expend 83,000 for ~prove~ent. to M~ller Boulevard
~ ~ garrtmt 5/0, that the following it~ under the Con-
~t ~ tm ~pprovsd ~mi/or mtopted=
NATE~ FACILITZ~ ACCEPTED FOR BONITA SROKES FIRE STATION - NIH THE
CA~HIKR~S CHECK ACCEPTED AS SECURIT~ FOR LANDSCAPING FOR SITE
D~ PLAN NO. 91-128, 'OUR SAVIOR L~ CHURCHf
Item ffl6Bl
DEDZCATZO~ OF A TEMPORARY ACCESS AND MAIRTENANCK EASEMENT FRO~
CO~]]IT]~ID~ ~tI~TERASSOCIATION, ZNC.
See Pages
~u~L,~N~I'TAL ~ NO. 2 NI'FB SMALLEY WELLFORD AND NALVEN TO
]:NFT.,,BIITADDZTZ~ ~]~JO(Z]TLT., P'ZI~MZTTZNG ~]D~'VZC~ FOR THE
WK~I'CLO~ I:XTIISZON PROJECT (GIK PROJECT RO.'S 3S AHD 28) - IN THE
LUMP ~UM FIXED FRXC~ OF 013,760
92-503 CI~EATZNG A /O-TON TRUCE W~ZGHT LIMITATION ON RIGGS
See Page:
SUI~PLEM~ZAL AGKEEMENT WITH AGNOLI, BARBER AND BRUNDAGN, INC., FOR
PHA~E ZZ P~NAL D~ION, PEI~)~ZTTING AND RZGHT-OF-WAY SERViCES FOR llT~
AV~]~TE ~ LANI~G IMPROVEMENT~, CIE PROJ~CT NO. 001 - ZN TH~ AMOUNT
OF ~130,S4S
See Pages
Item ,16B~ moved to #8B2
Item
Page 21
September 15, 1992
SPORTS OFFXCXAL~ AS$OCIATXON FOR THE PURPOSE OF
~'F~CIAL~ FOR COUNT~ SPON~OKED ACTMTI~
See
See Pagee___~__~ ~.~
See Pagea~
SeePage (~7
ltw~ ~1~D2
C~T~ICATION OF NON-AD VALOREM ASSESSmeNT ROLL TO THE TAX COLLECTOR
See Page
CERTIFICATION OF NON-AD VALOREM ASSESSMENT ROLL TO TH~ TAX COLLECTOR
FOR DZ~/'RICT T~KEE, IN THE E~ST AND SOUTH NAPLES SANITAR~ ~NER
See Page
C~]~'t~ri~ICATION OT NON-AD VALOI~M ASSRSSI~NT ROLL TO THE TAX COLLECTOR
~ DISTRICT PO0~, IN THE ~J~ST AND SOUTH NAPLES SANIT~ SEWE~ P~OJECT
See Page ~
Xtem~l~D6
C~3~I'IFICATION OF NON-AD VALOP~I ASSESSMENT ROLL ~ ~ T~ COLLatOR
See Page. /~)/
contlmze4 to 9/22/92
Page 22
September 15, 1992
~/ADEFKNDOM RO. 2 TO A~ M/TH POST, BUCELKY. SCHUH &
FOR ~SION~ ~ C~INATION S~S ~~
~ ~ $24,247.23
See Pag,.
Item ,16D9
ROTICI (Y~ FROMZSK TO PAY ~ A~ ~ ~ PA~ OF S~
~ ~ ~ ~ g. ~ ~ g. ~
See Pages /11 ' //~,?~
~J. 6DIO
IFF FROM/SI TO PAY &lid AGREEI~XIqT TO ~ PA~ 0F S~
~tom
BUIMIT~ TRARSFKI~RIRG FURDS FROM FUND 408 TO THE GKRKRAL FUND
FOR T~K UTILITIES DZV];SIOR*S SHARK OF THE COJ~IUNII'Y DKV~.OPM~IT
~UILDZJH3 DKFF SKRV/CE PAYMKBT.- IR T~X AMOUNT OF $57,500
92-505 &UTHORIZIRG KXFKIFDITUR~ OF FUNDS FOR THE CUSTOMER
See Page /~)~
J~HTABr,3;SBI~FT OF A ~ ACC~ ~ ~ X~ST LXMZT 0Y ~150,~0 ~
1992
BXD d~O2-1929 AMARDED TO CKR~TI~iED $AIf'g LOCK AJ~D W FOR LC)CESMZ~
Sl3t'V/CK~
Xtem f~161P'1
J~ff340t,U~X~E OF OJIDKR~T~XIt'C3 BKTIEKKIE HXI~DRY COUIFI'Y AND COLLXKR COOWT'Y
ZI TH~ &MO~:~FT OF $29,175 FOR A FIFTY I~KRCXIIT Iq&TCH
~T&T~SRA]FT TO I~TRCKASE DATA PROCK$$ING KQUIPMB3FF FROM MZCRO
$38,350
CII'TIJ~ ~ COJI:J~,CTI~ TO THI 1991AJJ*D 1992
Xtem ~64Z~
Iq3~OLUT/Og 92-506 ADDIJIG ~I/TS TO THX 1992 COLLXKR COOJI~Y MANDATORY
SOLXD M&STE C~:~,LEC'I~O~ $PECXAT, &SSKS~ ROLL
Xtem It'16H3
SKR~3;~I:~ W~T! ~X, BARBKR & BRO]FDAGK, TNC., XN ~ AMOUWT OF
$46,020 lfOff~ T/~g~TAXL BKACH PARK
See Pages
Item ,16H4
MORE ~ UII~KR TIFK AIIJI~AF, A~ ~R ~O~SSXON~ ~GZ~XNG
~~ ~ ~OLX, ~ · B~~, INC., IN ~ ~ OF
September 15, 1992
See Pages .__~___~~)
~ ~ M&TERZAL TESTING SERVICES FOR COURTY CONSTRUCT/ON
F]tOJ~CT~ ~ TO &RD&MAN AND ASSOCIATES, ZNC., AND LAN
It~#l~H~ deleted
Itea#l~
CONTRACT~ AMARDED TO SURLITE CO., AND NID-CONTIRENT ELECTRIC, IRC., AS
· O~ ~tC~P~t~M~T~ TO PROVIDE MALEMAY AND AREA LIGHTING
AS~OCXATEDNITN THE SITE IMPR~ BEING PROVIDED AT THE TEI~NII~U$
OF V~D~I~BILT BEAC~ ROAD - IR THE RESPECTIVE AMOUNTS OF $10,156.20 AND
$3,420.00
.?
See Pages
M~I~T~%~ ~ - FILED AND/OR~
The following miscellaneous correspondence was filed as presented
b~ the Board of County Commissioners and the add/tlonal item as noted
below:
2. Lely Golf Estates Beautification & Advisory Committee Minutes
of 8/4/92.
ftO0 , 57
Page 25
September 15, 1992
1991-119
2991 Tangible Personal Property
Date
09/03/92
~&T~IFI~T/OIOFLI~31FOR~]~VZCE~ OFT HE PUBLIC DEFENDER
There being no further business for the Good of the County, the
meeting was adjourned by Order of the Chair - Time: 6:30 P.M.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DISTRICTS UNDER ITS
CONTROL
~'~ ~ .. ~..
zne~., ~el approved by the Board on
presented / or as corrected
Page 26