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BCC Minutes 05/10/1994 RNaples, Florida, May 10, 1994 LET IT BE REMEMBERED, that the Board of County Commissioners in 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: Timothy J. Constantine VICE-CHAiRMAN: Betrye J. Matthews John C. Norris Michael J. Volpe Burr L. Saunders ALSO PRESENT: Marilyn Fernlay and Sue Barbiretti, Deputy Clerks; Dwight Brock, Clerk of Courts; Nail Dotrill, County Manager; Jennifer Edwards, Assistant to the County Manager; Ken Cuyler, County Attorney; Richard Yovanovich, Heidi Ashton and David Bryant, Assistant County Attorneys; Russ Muller, Traneporta~ion Engineer; Mike McNees, Acting Utilities Administrator; Ann Marie Saylot, Utilities Administrative Assistant; Ron Cook, Utilities Finance Director; Tom Conracode, Office of Capital Projects Management Director; Dick Clark, Acting Community Development Services Administrator; George Archibald, Transportation Services Administrator; Mike Smykowski, Acting Budget Director; Leo Ochs, Ad~lnistrative Services Administrator; Jeff Walker, Risk Management Director; Sandra Taylor, Real Property Management Director; Fred Bloatschef, Senior Project Manager; Bill Lorenz, Environmental Services Administrator; Ron Ming and Bryan Milk, Project Planners; James Ward, Pelican Bay Services Division Administrator; Deputy Rosa Hernandez-White, Collier County Shertff's Office; and Sue Ftlson, Administrative Assistant to the Board. Page Tape (31) APPROVED ~/TH CHA~GES 10, 1994 Commieeloner Saunderm moved, emcondad by Con/oo/oner Volpe end col'Fled 4/0 (Commissioner hithews out), to approve the agenda with the chingee u detmt/ed on the Agenda Change Sheet end the following Additional item. 1. Item 16A1 - Scrtvener'8 error at the bottom of Page 1 of the proposed resolution should be corrected to read Fifty-Four Thousand Five Hundred Dollars. Page 2 CO~SI~TA~K~DA - APPROVED ABD/OR ADOPTED Nay lO, 1994 The ~otton for approval of the consent agenda is noted under Ite~e16. (128) NIIIUT~ OP THE I~0ULAR MEETING OF APRIL 26, 1994 - APPROVED Conieeloner Volpe moved, macended h~ Canisstoner Norrio and carried unanimously, to approve the Minutes of the Regular Meeting of A~ril 26, 2994. lte~#4A · MPLOY~ SE~VXCEAWARDS - PReSEnTED Commissioner Saunders congratulated the following employees for service with Collier County Government: Debra A. Swigart - 5 Years, EMS Presented John R. Houldsworth - 5 Years, Community Development Presented Shatton G. Cornellson - 5 Years, OCPM Presented Bill L. Finch - 10 Years, Parks and Recreation Not Presented Sandra D. Renne - 5 Years, EMS Not Presented (10s) Xta#4Bl PROCLAMATXON ~tLUTXNG TH~ NINI~RS OF TH~ !~CYCLE COLLIER ~JtT POSTER COIIT~T OF 1994 AS NELL AS MASTE MANAGEMENT OF COLLIER COUNTY FOR M&EIII~ TH~ CONTEST POSSIBL~ - ADOPTED Upon reading of the Proclamation, Coliaaioner Volpe moved, seconded by CommilliOnOr Norr~l and carried unanimously, that the ~oclmtAon saluting the u~erl of the Re~cle Collier Oreat Poorer C~teot of X994 me wll me Maote M~ageMn~ of Collier Catty for ~l~ tb c~eot ~ooAb~e ~ ~op~ed. Proclamation accepted bW Bri~anw .ol~Ade~, Danielle Eoopman, Am~da KleAn, Maraca Fredrickson, Aohle~ nel~ and Jessica reidman, otudento a~ VAneFards KlementarF School. Page 3 ( B2) 2t~#412 PROCLAMATION DUZ~JIATING TR~ N~ OF KAY 15-21, F~LZCNO!~Y~ N~KIC - ADOPTED May 10, 1994 199· A8 ~ATZOIEAL Upon reading of the Proclamation, Commissioner Matth~N~ moved, ~com$ld b~ Col~leelonar Vo2~)l end carried ~l~ly, tht the ~11c ~r~ ~ ~ adoptS. ~d Imt, Collier County Transportation Services Sentor Bn9tneer, accepted the Proclamation. Page · May 10~ 1994 (428) DOZlX&~Z~, ~Z~Z~ S~YZCXS DZYZSZOX, ]~CO0~ZZ~Z) J~g I;)!Z~I O~ Donna Holm, Utility Services Division, recognized as Employee of the Month for May, 2994 and presented with a $50.00 check and a plaque. (492) lt~,4D IV~PORT ON NALEAM~RXCA CHALLUGI - PR~SENTID BY RUSS MULLER Russ Nuller, Transportation Engineer, stated that the Collier County team was second in the WalkAmerica Challenge for most monies raised with $9,600 and first for the biggest team. He explained that Internal awards went to Clerk of Courts for most walkers, Transportation Services raised the most money with $4,886, the first place finisher was Pep Saldana, Facilities Management, and the Indivi- dual to raise the moat money was Marquita King, Transportation Administration, with $1,680. (e o) Zt~u#5 ~ &M~DIdI:]ITS 94-291, 94-S64, 94-369 ~ 94-377 - ADOPTND Acting Budget Director M~ke Smykowski requested adoption of the four (4) routine Budget Amendments as shown in the Executive Summary. Commissioner Volpe etated that Budget Amendment 94-364 indicates that $5,000 was the cost for advertising the position of Communications Manager in newspapers throughout the State of Florida. He Indicated that the cost is excessive and other approaches for soli- citing resumes should be researched. ~Jlsl~r Sa~brm ~ovad, mmcond~d by Commissioner NorrAm and carried ~i~oumly, that ~dget ~n~ntm 94-29~, 94-364, 94-369 ~d 94-377 ~ ~t~. (724) ~'8 ~ - NO ~ZON T~ O{}OP, r,: i4 Page 5 May los 1994 FRE~ENTATZON OF THE AUDZTB, REPORTS AND ~AGEM~f LETTER A~ REQUZRED BY T~EAUDZTOR GENERAL - PRESENTED Dwight Brock, Clerk of Courts, stated that he is present to answer any questions the Board may have regarding the management letter previously supplied. He explained that the auditor and manage- ment letter conunents regard activities within various County Agencies. He Indicated that the conunents were distributed to the affected departments with a request for responses to each comment and those responses are incorporated in the letters sent to the Auditor General as required by law. Commissioner Matthews stated that two (2) items that appeared last year are included again this year regarding the Utilities Division and the responses are the same as the prior year. She explained that the late fees on water btl~s and automation of the accounts receivable system are in question. Mike McNeea, Acting Utilities Administrator, indicated that the automation of the receivables is a component of the County overall automation study that is taking place this summer. He etated that the program for late charges on the utility bills is ready for implemen- tation and should be presented to the Board of County Commissioners for approval within six to eight (6-8) weeks, or less. Commissioner Matthews questioned when the automation of accounts receivable will be completed because she does not want to see it appear again on the report next year. Mr. McNees explained that a full recommendation for the automa- tion system is due to the Board of County Commissioners by the end of oululer, 1994. Commissioner Matthews questioned why an actuarial evaluation for stop loss coverage is not recommended and if the County haa any poten- tial claim8 that might exceed the insurance coverage? Jeff Walker, Risk Management Director, stated that in the five Page 6 Nay 10, 1994 (5) years that the program has been in place, there have been two (2) instances In which the County has exceeded the specific stop loss coverage. He explained that there are two (2) types of stop loss: specific which Is an individual claim and the County currently retains the first $100,000; and aggregate which ts protection for the entire fund so that the accumulation of retained claims do not exceed a cer- tain amount In a given year. Mr. Walker Indicated that since the County caps losses In the aggregate, an actuartal study becomes less important to be conducted each year and estimating liabilities can be performed in-house. He explained that the maximum Is $500,000 and the County has funded approximately 75 percent of that amount each year. In response to Commissioner Natthews, Mr. Walker stated that the Southfield Farms case to the only claim where coverage to being afforded under a Reservation of Rights that could exceed the limits. He explained that a number of legal issues are being addressed by the County Attorney°s Office and must be completed prior to determining the actual liability. David Bryant, Assistant County Attorney, explained that the County Attorney's Office does not believe that Southfield Farms will be successful in the case. He Indicated that the lawsuit t8 in the amount of $7 million and to being opposed vigorously. Mr. Bryant stated that a number of cases exposes the County to large amounts of money, especially with the Shertff's Office. He pointed out that the financial risk is real but the County~s position is very defensible. Mr. Walker stated that Government Accounting Standards Board (GASB) Ruling No. Ten (lO) te expected this year and Indicates that a certain amount of case development Is necessary before applying liability. Commissioner Natthews stated that the County cannot Imply that there Is very little risk because the likelihood that claims exceed the coverage Is very small when the risk is very real. Page ? May lO, 1994 Co~mteeloner Matthews questioned when the disaster recovery plan will be complete? County Manager Dotrill stated that It pertains to the financial automation system. Clerk Brock explained that within a month or two (1-2) the cost figures will be available for implementing the disaster recovery plan and will be presented to the Board of County Commissioners for approval before the next fiscal year. In response to Commissioner Matthews, Mr. Dotrill indicated that the MIS Master Plan for the entire County is being directed by a Committee chaired by Paul Brigham, Court Administrator, and the draft report will be completed in June and will be presented to the Board upon completion. Clerk Brock Informed that all constitutional agencies will be to communicate over the network when completei. Commissioner Matthews questioned when the improved back-up and recovery system for the Utilities Division will be complete? Ron Cook, Utilities Finance Director, stated that three (3) weeks ago the tapes necessary to implement the back-up and recovery system were purchased and is within approximately two (2) weeks of being on-line. Commissioner Norris ~ov~, seconded by Commissioner Matthew~ and c~rled 4/0 (Cmleetoner Saunders out) to accept the Clerkto (~20) CONNECT TO COLLIEIt COUNTY SEWER FACILITIIS AND NOTICI OF IMPACT FEE 8TATEMKFf FOR THE EAST AND SOUTH NAPLES SANITARY 8KWKR PROJZCT - APPROVED Ann Marie Saylot, Utilities Administrative Assistant, stated the change in the Financing Agreement Is to incorporate the delinquent Interest and two (2) are Included In the Executive Summary; one applies to condominium and commercial properties where Impact fees are over $6,000 and up-front charges are paid at the time the Agreement Is Page 8 Nay ~0, 1994 signed, I.e. title search and documentary stamps~ and the other sgreement ts for residential property and additions! charges can be incorporated in the Agreement. She Indicated that execution of the 28 cosuaercial property Claims of Liens is also being requested. Ms. Saylot explained that 260 properties remain that have not taken action to connect to the County sewer system and those properties will also be pursued. In response to Co~lssioner Volpe, Ms. Saylot Instructed that the properties will be liened to collect the Impact fees and means of enforcing the actual connection is under investigation. Richard Yovanovtch, Assistant County Attorney, stated that Ordinance No. 86-67 gives the Board the authority to physically con- nect the property and then seek to recover the cost by billing or foreclosing. He Indicated that Staff reco~ends that the Code Enforcement Board be utilized to enforce tLe connection or the Court system and request a demand that the property owner connect. He explained that once the Court declares that the property owner must connect, then the County can be authorized to physically connect the property and seek to recover costs. Co~tsstoner Volpe requested that the County Attorney's Office present for Board~s review a recommendation to require the connections. Mr. NcNees pointed out that by taking the property owners before the Code Enforcement Board, the best the County can achieve is a dally fine which will be hard to collect if the owners cannot afford the fee for connecting to the system in the first place. Mr. McNees stated that Staff feels that by starting to apply liens, the property owners will realize the County is serious and they will agree to sign the Financing Agreements. Commissioner Volpe stated that the system has been on-line for two (2) years and something must be done to connect these properties. Mr. McNees stated that the Board can direct Staff to pursue enforcing the connection and then ltentng the property for the Page 9 Nay 10, 1994 expense but Staff is not recommending that progressive action even though the County has the right and legal authority. Commissioner Constantine explained that the County has made a program available and by 11entng the properties, the o~ners realize that the County is serious which is a more reasonable plan of action. Ns. Saylot Informed the Board that Staff is discovering some very extreme hardship properties through the Hardship Program. Ns. Saylor stated that names and addresses of contractors and others willing to assist In the connections at a reduced price has been supplied to the Committee representing the hardship properties but no response has been received. Dick Clark, Acting Community Development Services Administrator, stated that several contractors have voiced interest In assisting the hardship casa and he to pursuing the matte. further. Commissioner Morris moved, seconded by Couutsstoner Matthews and g~z~i~ 4/0 (Commias/o~r Serra ~at) to mpprov~ a~tion of the Cla/m~ 0£ Lion ~nd that changes be incorporated in the F/noncing &greecerite to include interest earned on delinquent impact fees. Page 10 Nay 10, 1994 (2072) ltem~8K~ RISOLUTZON 04-34,3 AUTHORTZTN(J THE NORTH NAPLES FIRE AND RKSCUE DX~ltXCT TO UTXLXZE COUNTY O~I~D PROPERTY LOCATED ADJACENT TO THE CURRENT COUNTY LXBRARY ON VANDERBXLT BEACH DRIVE XN ACCORDANCE WXTH Sandra Taylor, Real Property Management Director, stated that the North Naples Fire and Rescue District is desirous of modifying Article 3, Rent, Section 2 to read "Upon written request by the COUNTY for emergency service space at any existing facility owned by the LESSEE, the LESSEE may provide such space in its sole discretion and upon terms mutually agreeable." Me. Taylor explained that the objectionable language is basically to include nominal rental payments should the County request any of the District's property, If available. She stated that the District is recommending eliminating that language and inserting acceptable terms and conditions upon the County's request of any District property. Commissioner Volpe stated that when the long term lease was entered into for $1.00, the understanding was that the rate would be the same $1.00 if the County needed space for emergency services. Attorney John Cardtile, representing the Fire Commission, stated that the Fire Commission does not object to the County utilizing space on behalf of EMS but feel that the proposed language is more acceptable. He explained that the issue is who makes the deter- mination as to the availability of the property. Mr. Cardills explained that there is no problem with including "nominal consideration" after "...upon terms mutually agreeable." in Article 3, Section 2, of the Lease Agreement. Heidi Ashton, Assistant County Attorney, explained that the language recommended by Staff which caused the problem provided that Lessee shall not unreasonably deny County's request for available space but the Fire District's language is less restrictive. Commissioner Volpe stated that "nominal consideration" needs to ,0°6 OC0P, Page Nay 10, 1994 be Included In Agreements for all facilities. Cosm~ssioner Voll~ ~, ~co~ ~ Co~lss~o~ Norris ~d cml~ration,' t~re~ ~opttng Resolution 94-343. Page 12 May 10, 1994 (2891) RISOLUTION 94-344 AUTHORIZING THI ACQUISITION OF ~ON-EXCLUSIV~ PKRPKTUAT-. ROAD RIGHT-OF-MAY KASKMKNT, DRAINAGK KASKMI'NT, MAINTKNANCE KASI3~NTAND UTILITY EASEMENT FOR THE CONSTRUCTION OF I~KCTION IMPltOVIMJE3~ AT GOLDI3q GAT~ PARKWAY AND SANTA BARBARA BOULKVARD - Tom Conrecode, Office of Capital Projects Management Director, etated that adoption of the resolution will authorize Staff to purchase Parcel No. 112 which is required for construction and main- tenants of improvements at Golden Gate Parkway and Santa Barbara Boulevard. He explained that the cost to purchase is $49,030 and includes all fees, value of the land and severance damages. In response to Commissioner Volpe, Mr. Conrecode informed the Board that the property is the southwest corner of the subject lntereection. Commllatoner Volpo Boved, seconded by Comltlllonlr M~tthewl and c~rrled unanimously, that Parcel No. 112 be acquired, thereby adopting Re~olutlon To. 94-344. 88 Page 13 May 10~ 1994 (2720) ~teueOH2 ACCI:FTANCE OF TH~ DOJLI~TION OF NECESSARY LAND IJJTKR~ST fOR PARCKL 114 (CIROU) AID AUTHORITY TO PAY SEVERANCE DAMAGK$ TO PROPKRTY OMNKR FOR ROAD RIGRT-OF-~t~Y ZMPR~S (OFFICE OF CAPITJI~ liZaRdS PRO3~CT NO, 62081) - ACCEPTED AND SKVKRA~CK DAMAGES PAYMKNT APPROVED Tom Conrecede, Office of Capital Projects Management Director, stated that the subject parcel Is located at the intersection of Golden Gate Parkway and Santa Barbara Boulevard. He explained that the owners have agreed to donate the property but considerable impro- vement exist. Mr. Conrecede indicated that Staff investigated two (2) options for re~ocattng the improvements: Option No. ! represents a total cost to the County of $20,200; and Option No. 2 represents a cost of $26,250 but the owners agree to take the responsibility for relocating the ~mprovements. Mr. Conrecede stated that Staff t8 recommending approval of Option No. 2. ~1881oner Siunderl moved, leeended by Conilltoner Norrio and curted unanA~ov~l¥, to accept the donation and to approve the · ~v~rance da~ag~l p~im~nt of 026,250. Page 14 May 10, 1994 Xtem ~8B3 - Cont/nued to Meeting of May 17, 1994 (2810) Zte~#8H4 AMARD OF BID NO, 94-2174 FOR FRONT-MOUNTeD FOUR (4) WHEEL DRIVE MO~ER - CONTINUED TO MEETING OF MAY 17, 1994 James Ward, Pelican Bay Services Division Administrator, stated that Staff is recommending award of Bid No. 94-2174 for a front- mounted four (4) wheel drive mower to Naples Rent-All and Sales Company in the amount of $13,816.49. He explained that nine (9} pro- poeale were received but six (6) did not meet bid specifications, Commissioner Norris stated that the specifications are rigid and appear directed toward a particular brand or piece of equipment which may have prohibited bidding on a comparable piece of equipment. Commissioner Constantine requested that the responses from all vendors be submitted. Commissioner Samriders ~ovsd, seconded by Commissioner Norris and c~rrled unanimously, that this item be continued to the meeting of Mary 1T, 1994. In response to County Manager Dotrill, Commissioner Constantine informed that Staff is to supply both the rational and more infor- mation on this item, including the RFP which was distributed and all responses from the vendors. ~ O~ ~ID NO. 94-2~8~ 70 NI~C~L & $~JLRX ZN T~E J~10~!l~ OF $42o~4B FOItB~LT FItESS NiLENAYS AT THE SOUTH COLLIER COUNTYREGIONAL Tom Conracode, Office of Capital Projects Management Director, stated that on April 13, 1994 bids were opened for the Belt Press Walkways at the South Collier County Wastewater Treatment Plant for safety reasons. He explained that two (2) vendors secured the bid package and only Mitchell & Stark submitted a bid in the amount of $42,245. Mr. Conracode stated that Staff is requesting award of the bid to Page 15 May 10, 1994 Mitchell & Stark and authorization to effect budget amendment transfers. Commiesloner Matthews stated that this is the Lely plant and it ts uncertain at this time whether an expansion will take place. Commissioner Constantine pointed out that the /east likely option is to close the plant completely. In response to Commissioner Volpe, Mr. Conrecede etated that this Is a metal system. Fred Bloatschar, Senior Project Manager, stated that the walkways will be utilized to clean the belt press and the operators are currently using /adders which are unsafe. He explained the walkways should have been addressed in the original design of the plant. Cad. isotoner Saunders ~oved, seconded by Commissioner Natthews ~nd C~Tiedm~nl~ously, that Bid No. 94-2183 for belt press ~lkways at the South Collier County Regtor~l Wastewater TreatMnt Plant be ~warded to Mitchell & Stark in the ~a~unt of $42,245. (3251) RESOLUTION 94-345 DECLARING TRAT RATES FOR BASIC SERVICE AND EQUIPMENT K~MAINSUBJ~CT TO REVIeW AND FURTHER R~DUCTIONAND REFUND; AND ORDERING COLONY CABLEVISION TO K~EP ADEQUATE ACCOUNTS AND RECORDS SO THAT IT CAN PAY ANY ADDITIONAL REPIINDS ORDERED - ADOPTED Commissioner Saunders aoved. seconded by Commissioner Norris and carried un~nt~u~ly, to issue an order to Colony Cablevision of Florid~ regarding regulation of rates, thereby adopting Re~olution g4-148. Page 16 :Item rOA - Deleted May 10, 1994 Receoood: 10:30 A.H. - Reconvsned: 10:40 A.H. &t which time Deputy Clerk Ba~blrsttt replaced DeputF Clerk ,crnley (3299) R~SOLUTlOI 94-346 RE KMZJ~]IT DOMAIN CASE I0. 92-4315-CA-01-TB RELATZIG TO ~ POZIT MARCO PARKZNG LOT ZSSUE - ADOPTKD; SETTLKMKNT AGR~KMX]qT - APPROVED County Attorney Cu¥1er stated that this ~tem ks a settlement agreement (copy not provided to Clerk's Office} at:lpulat~on for the Board to consider as a basks for a stipulated f~nal Judgemen~ wou~d conc]ude ~he eminent domain ~ga~on. He sta~ed ~hat B (copy no~ provided ~o C~e=k~s office) Js one o~ ~he ~h=ee options ~ha~ had previously been approved by the Board and forwarded Harco Zs~and C~v~c Association (HICA) for their review. He sa~d ~he Boa=d had ~nd~ca~ed ~ha~ ~ ~ou]d be s~sf~ed wJ~h any of the options. Co~y Attorney Cuyler corrected some t~ograph~cal errors ~n the agreemen~ for clarification. T~ ~ Co~y Attorney Cuyler reviewed the h~ghlights of the agreement. He stated there w~11 be two parking lots, 70 spaces each w~th all the conditions prev~ousl~ reviewed by the Board. He ea~d that once approved releases will be ~rovtded ~ed~ately and convey~ces ~n 60 days. He stated that the s~e conditions apply for the MICA lot and the Co~ty lot. He sa~d that the County will construc~ Its lot a~ its o~ cost ~d the developer w~11 construct the MICA lot. He stated tha~ the MICA lo~ will consle~ of 2.1 acres, w~Th one acre used as a parking ~o~ and one acre designated for open space. He ea~d that the Comfy lot le one acre. Co~ty Attorney Cuyler stated that the Developer Enforcement and Deed Restriction provisions are on page 7. He said that the developer c~ ~re the default and charge the County or MICA. He said that one provls~on provides that MICA also has enforcemen~ ablli~les ~n the Page May 10, 1994 event that he County does not comply with the agreement, they do not have a reverter clause, that remains with the developer. County Attorney Cuyler stated that page 8, refers to the reverter provisions. He said that the developer has indicated that he is not interested In reclaiming the property so two or three options are listed. Mr. Cuyler stated that the Marco Island Residents Beach Association (MIRBA) to a party to this agreement for the limited pur- pose of a release of claims. County Attorney Cuyler stated that the reverter on the beach access will also be released as part of this agreement. Mr. Cuyler announced that the developer has indicated that the developer Is waiving the attorney's fees, which amount to approxima- tely $40,000.00. He said that MICA is still requesting full payment of their attorney's fees, which amount to approximately $30,000.00. County Attorney Cuyler stated that the County Is responsible for payment of claims for any other defendants In the eminent domain. He said that there were two utilities involved. He stated that the esti- mated fees of one is less than $500.00, assuming that their easements were not disturbed. He stated that the attorney's fees for Southern States is approximately $6,000.00. Mr. Cuyler stated that the County is not agreeing to that request. He said that will still be a subject of debate and is not part of this agreement. The following people spoke on the subject: Harry Cowin John Turner David E. Brunet Commissioner Volpe asked how the issue of non ad-valorem taxes will be resolved? County Attorney Cuyler stated that he expects the developer to pay through 1993 and the County would be responsible as of January 1, 1994. He stated that the Board has the ability to waive the taxes if it is a deed to the County for public purpose. He said that MICA ,o0 000 , 105 Page 18 May 10, 1994 would be responsible for their own. Coaalsstoner Volpe recalled that a sidewalk would be provided along Swallow Avenue to provide for pedestrian traffic to the beach. He asked who would construct the sidewalk. County Attorney Cuyler replied that it Is shown as an existing sidewalk on his map. In response to Commissioner Volpe, Mr. Cuyler stated that the developer w111 have to produce a deed clear of liens which will enable the developer to give the County a release of mortgage. In response to Commissioner Matthews, County Attorney Cuyler explained that when the parking lot is locked the chances of vandalism is minimal. He said that the intent of the security clause in the agreement is to insure that when the lot is full the County will pro- vide some type of guard to prevent parking on the grass or on other properties. He confirmed that this is a oeed restriction. Commissioner Matthews expressed concern regarding the fact that the County will have to maintain the lot to satisfy the developer and MICA at all times. Commissioner Volpe remarked that this Is a Code Enforcement issue. He stated that the County provides security to all Its facilities. County Attorney Cuyler stated that the property does not revert because of this restriction. He said that there Is an enforcement mechanism. Commissioner Matthews stated that the County may be setting up a situation similar to Lely Barefoot Beach. In response to Commissioner Matthews, Mr. Cuyler explained that when the County filed the eminent domain case a number of defendants were named. He said that MICA, the developer, the mortgagee, some uti- lities companies and some successors in interest were named as defen- dants. He said that one of the successors in interest is Lee County Cooperative, adding that their attorney fees, to which they are entitled, total approximately $500.00. He reiterated that Southern States Utilities is claiming $6,000.00 in attorney fees, which the 106 Page 19 Hay 10, 1994 County has not agreed to. He emphasized that whether the County approves the agreement or not the defendants must be dealt with. He confirmed that the pa~ent clause pertains only to the defendants in the existing eminent domain case. Commissioner Natthews expressed concern regarding Item lOB, regarding MICA being Included in the rights of the developer. Co~uatsstoner Constantine recalled that last year the County had the opportunity to construct a parking lot for the cost of construc- tion and certain architectural requirements. He said that the total cost of the parking lot would have been approximately $550,000.00. Co~alsstoner Constantine said that today the County can acquire half the number of parking spaces with a great deal of restrictions Including attorney fees. He stated that the other option is to pursue eatnent domain. He remarked that the County could potentially pay $900,000.00 for the property, pay $500,000 O0 to build out the pro- perry and pay attorney fees for eminent domain for a total cost of approximately 2 million dollars. Commissioner Constantine asked George Varnadoe, attorney for the property owner, whether the property owner would require the County to pay full price for the property if the County were to pursue eminent domain? Mr. Varnadoe replied that he was unable to answer because that was not one of the three options presented for consideration. Commissioner Constantine asked if the entire lot was still available to the County? Mr. Varnadoe stated that he had not d~acussed the possibility with his client. He recalled that purchasing the property would require the County to pursue the eminent domain proceeding and would require that the lot be built to the standards of the approved Site Development Plan. He recalled that the improvements would cost approximately $800,000.00. In response to Commissioner Volpe, Mr. Varnadoe confirmed that the site plan he has shows an existing sidewalk along Swallow Avenue. He 107 Page 20 May IO, 1994 stated that if that is not the case, his cItent will assume the responsibility of installing the sidewalk. Commissioner Saunders commented that he has no objection to the County spending $900,000.00 to pursue the eminent domain proceeding to obtain public parking space because public parking is needed in Collier County. He said that this agreement will result in obtaining 70 parking spaces at a cost of $200,000.00, thereby saving $700,000.00. He requested that the Board condition the approval of this agreement with a commitment to use the remaining $700,000.00 to acquire public parking somewhere in the unincorporated area of Collier County. Commissioner Constantine agreed with the suggestion. He asked that a more specific area for the acquisition be clarified. Commissioner Matthews reminded the Board that access to the beaches Is via parking. She stated that t?~ long range picture must be considered. Commissioner Norris remarked that the Board is committed to Increasing public parking. He said that he objects to this method not the result. He stated this course of action has violated a commit- ment that there never be public parking in that area. He indicated that this action also attacks private property rights and fostered animosity between citizens. He said that whether he believes this is a good solution or not, this Is the point the County is at and must be acted upon. Co~iuloner Norris ~oved to approve this settlement a~ree~ent an~ ~he stipulltion to foma basis or & stipulated final Judgment concl~t~ e~lnent domin Cmme No. 92-4315-CA-O1-TB0 seconded by ~issio~er Volpe. County Attorney Cuyler requested that the motion Include that the County Attorney be authorized to proceed with the items mentioned earlier and that the agreement will be approved with an authorizing Resolution. Cm~issioner Norris ~ree~ to ~nd hie ~otion to include this Page 21 May 10, 1994 l~ge. Seconded by Commissioner Volpa. Commissioner Saunders asked the Board If they would commit the money saved through this agreement to acquire property In Collier County for public access. Commissioner Volpe agreed to the concept. He stated the he could not commit to a dollar amount. Commissioner Norris ~ov~d to ~uaend his ~otton to Include that the Parks and Recreation Staff be directed to prepare a report on suitable locations for exp~ndad public parking. Commissioner Saunders agreed to support the motion. Commissioner Constantine expressed concern regarding the restric- tions contained in the agreement. Commissioner Natthews requested that the language on Page 4, Item 9, be changed or eliminated. Nr. Vernadoe stated If the language Is changed or eliminated his client would not sign the agreement because his client did not want the responsibility of security. Commissioner Natthews stated that she does not know what the security level is that the County may have to provide in order to insure that vandalism and unauthorized use is avoided. In response to Commissioner Volpe, Nr. CowIn, NICA representative, stated that NICA relies primarily on the Shertff's Office for security. In response to Commissioner Volpe, Nr. CowIn replied that NICA would not expect the County to do anymore than NICA does to insure security. Commissioner Natthews stated that she is concerned with including NICA In the enforcement clause, Page ?, Item 10B. She said that the County may have to enforce measures. Commissioner Natthews announced that she would not support the motion. She stated that this parking lot should be a public lot and that all remedies have not been explored. Commissioner Saunders stated that although he agrees In principal, Page 22 Nay 10, 1994 all reaedIee have been explored. Conissioner Constantine stated that he will support the motion under protest. He stated that although this is not the perfect solu- tion, the Board has verbally committed itself to address the need for public parking. Opon call for the question, the ~otton carried: 4/1 (toutsstoner N~tth~e~ oppowed), thereby adopting Re~olutlon 94-346. Psge 23 ~a¥ 10, 1994 (22~9) It~LOTX~ 94-347 IrE COLLX~t ~D LI~ COUNTY !q~D~NG FOR LOV~ ~NY ~TATI PAI~- ~DOFTID CouLsstoner ConstantLne stated that th~s Lssue had been dlscussed at the Joint meeting with the Lee County CommtssLon. In response to Co~mlssioner Saunders, County Attorney Cuyler con- firmed that the Resolution included In the ExecutLve Su~aary followed the Lee Cotmty foraat. ColBtlltOner Saunders ~, second~ ~ Co~t~1oner Norr~l, ~d c~l~ ~~1~, to I~r~e the Joint re~olutton, there~ adopting ~lut~ 9&-347. Page 24 May ~0~ ~994 (22s2) Ztel ~gD FORD MOTOR COMFAWY FOR & TEST VEHICLE TO BE USED BY TRANSPORT&TION SERVICES - APPROVKD Commissioner Constantine stated that the Ford Motor Company has a test van with a 1998 engine. He said that the Ford Motor Company had asked tf the County could utilize the van for testing purposes. Commissioner Constantine stated that the van will be used pri- marily for Veterans Transportation Services. Assistant County Attorney Manaltch indicated that a few minor changes will be made to the agreement. Commiuion~r Norris moved, seconded by Commissioner Saunders, to mpprovm the agreement with the lord NotoF Company. In response to Commissioner Volpe, Commissioner Constantine stated that the Ford Notor Company will maintain the vehicle. gpo~ call for the question, the motion carried unanimously. Page 25 Nay 10, 1994 Ztem#lO& COIBIITHZ'I'Y RZDEV~,OPI,I~X~ &G~NCY ]POX ~JLS? ~/L~T~S - S~&,I'*IP DZI~ZC'T~D ~0 Cosuaiss/oner Volpe stated that the concept of Community Redevelopment Agencies for the unincorporated areas of the County had been d/scussed previously. Commissioner Volpe suggested that the first area to be investi- gated would be East Naples, beginning at the Intersection of U.S. 41 and Davis Boulevard and out to Airport Road. Commissioner Volpe announced that the first step in the process is conceptualization to see the amount of interest. He stated that the next step would be to identify an area that would qualify under the law as an appropriate area and to solicit the support of the property owners within the Identified area. Commissioner Norris stated that this is a good idea. He asked if the area described would be the only area Included. Commissioner Volpe stated that he did not intend to exclude any area. He ~uggested that the Board give direction to Staff to begin the process of creating a Community Redevelopment Agency focusing on the East Naples area, Commissioner Constantine agreed that East Naples needs the atten- tion but stated that he is not sure if this is the appropriate first step. He said that the proposed Council of Economic Advisors will focus attention to the East Naples area. He suggested that the first step would be to tap into local talent. Co~uaissioner Volpe stated this item is really an attempt to bring property owners together to see what could be done to improve the area. He said that the idea is to begin the process. Commissioner Saunders stated that he agreed with both Commissioner Volps and Commissioner Constantine. He said that the consideration of a Community Redevelopment Agency is worth exploration. He suggested that the Board direct Staff to begin generating the information as Page 26 May 10, 1994 wuggested by Commissioner Volpe, but after the Council of Economic Advisors is formed they review this Issue as well as Staff. Dudley Goodlette spoke on the issue. Coum/ssioner Volpe moved to direct Staff to begin the process of the study that w~uld be the pre-requisite to the determination of the creation of a Community Redevelopment Agency. Commissioner Constantine asked how much time would be necessary for the Long Range Planning Staff to collect the information? Com/setoner Norris seconded the motion on the floor. County Nanager Dotrill stated that Long Range Planning would work with assistance from the Budget Office and the Property Appraiser's Office. Upon call for the question, the motion carried unanimously. see lq~cese: 12:15 PM - Reconvened: 1:35 PM At this time Deputy Clerk Fernlay replaced Deputy Clerk Barblretti 0.. (3309) Item#12B1 ORDZILUICE 94-25 RE PETITION PUD-84-25(1), ROBERT 3. GR&Y O~ STR&T~GIC PL&INZNO GROUP, INC., REPRESENTING NJLPLES &SSOCIATES LI~ITB:D PARTJIERSHIP, RE(:~J~ITING A RKZORE FROM PUD TO PUD ~OR THE FRO3~CT KNOWN AS PTIE&IR LAI:ES FOR THE PURPOSES OF AMENDING THE CURRENT PUD ~ J~D le. lkST~t PLAN BY DELETING TR~ HOTEL/INSTITUTIONAL USE C&T~GORY, Jt~V~SZNG THE PUD MASTER PLAN AND BY MAKING SUCH OTHER CHANGES TO THE PUD TO REFLECT CURRENT LAND DEVELOPMENT CODE REFKRKNCKS AND POLICY PRACTICES - ADOPTED This item is a companion to Item #12C1 and Item #12C2. Legal notice having been published in the Naples Daily News on April 21, 1994, as evidenced by Affidavit of Publication f/led with the Clerk, a public hearing was opened. Ron Nino, Senior Project Planner, stated that Petition PUD-84-25(1) represents amendments to the Pine Air Lakes Development of Regional Impact (DRI) which is also a Planned Unit Development (PUD). Mr. Nino explained that the amendment lowers the intensity of development by approximately 25 percent and accomplishes five (5) things: (1) reduces the total development intensity from 1,280,600 square feet to 957,000 square feet by eliminating the Page 27 Hay 10, 1994 hotel/institutional use provisions in the Development Order repre- senting a reduction of 205,000 square feet and reducing the office space allocation by 118,600 square feet; (2) extends the build-out date by four (4) years, six (6) months or from April 15, 1996 to October 15, 2000 and subjects the Development Order to the County Concurrenc-/ Management System; [3) commits the developer to build three (3) commercial complexes or projects of at least 70,000 square feet each containing retail uses generally found in a shopping center; (4) provides that approval cannot be down-zoned for a period of ten (lO) years from the date of this amendment provided development com- mences in five (5) years; and (5) streamlines the PUD to assure compliance with current Land Development Codes since the original PUD was approved in 1985. Tape ~3 Mr. Nino stated that the amendments a-e consistent with the Growth Management Plan and the Planning Commission unanimously recom- mended approval. He indicated that changes in the PUD document are reflective of the changes in the Development Order. Mr. Nino pointed out that a revision to the master plan elimi- nating the original 14 tract development strategy for two (2) large tracts where a wade range of permitted land uses ie requested and is within the limitations of the development intensity allowed by the DRI Development Order. He stated that the PUD was amended to reflect that the development will serve 29 acres in the Pine Ridge Industrial Park. Attorney George Varnadoe representing the Pine Air Lakes PUD stated that the amendments have been reviewed by the Southwest Florida Regional Planning Council and the Department of Community Affairs (DCA). He indicated that the DCA is requesting two (2) technical changes to the concurrency language of the Development Order and does not change the fact the Pine Air Lakes As a part of the County con- currency program. Mr. Varnadoe stated that a requirement that the developer reim- burse the County for the acquisition of the right-of-way for Edgewood Page 28 Nay 10, 1994 Drive needs to be included in the PUD documents with the stipulation that payment be made within 90 days of this public hearing or upon the approval of the first site development plan for the project, whichever first occurs. In response to Commissioner Volpe, Nr. Varnadoe explained that a regional mall is not being proposed but a down-sizing of the proposed shopping center. He stated that the down-sizing represents an upgrading of the facilities and downgrading of the Impacts regarding traffic. Co~misstoner Volpe stated that under the Development Order, only parcels immediately adjacent to Airport Road can be developed until Airport Road from Pine Ridge Road north is six (6) laned. Mr. Varnadoe explained that internal parcel development cannot take place until Edgewood Drive is complete from Airport Road to Pine Ridge Road by the developer but is not part of the Airport Road Improvements. Nr. Varnadoe indicated that the existing industrial park experienced a drainage problem and requested that the PUD accept drainage from the 29 acres and incorporate treatment thereof in the PUD water management system which has been included in the PUD docu- ments to the satisfaction of the County. In response to Commissioner Volpe, Mr. Varnadoe Informed the Board that the stipulation on down-zoning is required by law and the oversight was pointed out by the Southwest Florida Regional Planning Council. Mr. Varnadoe pointed out that the DRI Development Order will spe- cify two (2) separate types of development, office and retail, if the amendment is approved and to change either type will require another Notice of Proposed Change and conduct another public hearing. Steve Arkins, Florida Department of Community Affairs In Tallahassee, informed the Board he is present to maintain the Departmentts rights of appeal as provided under Florida Statutes because there has not been enough time to evaluate the Development Page 29 Nay 10, 1994 Order a~endments proposed in the last week. Bill Kerrlgan spoke on this Item. Mr. Vernadoe stated that the Development Order expires in 1996 but the zoning remains the same until the Board decides it should be changed. Commissioner Constantine closed the public hearing. In response to Commissioner Matthews, Transportation Services Administrator Archibald stated that Staff has assurances in-place to guarantee that traffic problems do not occur at Edgewood Drive and Pine Ridge Road. Mr. Archibald explained that the developer has also committed to extend funds to the County for the six (6) laning of Airport Road north to the Pine Air Lakes entrance. Mr. Vernadoe distributed a copy of the four (4) conditions the developer has agreed to In order to alleviate possible traffic problems. County Attorney Cuyler informed the Board that the motions for the three companion items should be made in the order of Item #12Cl, Item #12B1 and then Item #12C2. The ~econd ~tlon was ~ada by Comicstoner Saunders, seconded by Co~i~ioner Norris ~nd carried un~ni~ously, that Ordinance 94-28 be ~dopted ~nd entered Into Ordinance Book No. 66, that Staff minor revimlon~ to the PUD relative to the ~ubstttuttonm for dtvtmton conditions and to include the four (4) conditions relative to traffic. lt~S01~UTXON g4-348 DETEIO~XNXNG TRAT R~VISIONS TO THE PXN~ AIR LAE~S DEV~ ORDEIt 85-5 DO NOT CONSTITUTE A SUBSTANTIAL DEVIATION ItE~UIltING FUI~fHER DEVELOPMENT OF REGIONAL IMPACT REVIEN - ADOPTED Legal notice having been published In the Naples Dally News on April 24, 1994, as evidenced by Affidavit of Publication filed with the Clerk, a public hearing was opened. Discussion on this item was heard under Item #12B1. See comments above. Page 30 Nay 10, 1994 Cosmtestoner Conetanttne cloeed the public hearing. 1~e firs~ ~otlon~ ~ Co~isstoner Norris, seconded by t~ P~ &It ~s ~1o~t Or~r ~ not co~tl~te ~tmtt~ ~tr/ng ~ther ~mlo~nt of Regional l~ct t~re~ ~tt~ ~lution 94-34a. Page 31 10, 1994 (26¢2) Ztem#12C2 RESOLUTION 94-349 ~ DEVELOPI~XT ORDER 94-2 ANENDING DEVELOPN~I~T ~ 85-5, AS AMENDED, OF T!~ PZI~ AIR LAIRS DEVELOP!q~NT OF REGIONAL /XP&CT (DRZ) BT AJ~Z]~DIRG SPECIFIC $ECTION8 - ADOPTED Legal notice having been published in the Naples Daily News on April 24, 1994, as evidenced by Affidavit of Publication filed with the Clerk, a public hearing was opened. Discussion on thie Item was heard under Item #12B1. See comments above. Couleetoner Constantine closed the public hearing. Thm tb~rd motion was made by Coastaltoner Saundere, uconded by C~tuton~r lottie and carried unanimously, t~t Petition DOA-94-1 be · pprov~i, thereby adopting Reeolution 94-349 and Develolment Order 94-2 ~nd that Staff make ninor revielone to the Development Order relattv~ to the ~ubotttuttons for ~ubdlvleton condtttor~ and Include the four (4) condltton~ relative to traffic. Page 32 Hay 10, 1994 (1662) Ztem#12C3 OitDI~MI~'I 94-26 CItE&TZNG T]~ COLLZER COUNTY COURCZL OF ~CON~C Legal notice having been pub//shed in the Naples Daily News on April 21, 1994, as evidenced by Affidavit of Publication filed with the Clerk, a public hearing was opened. County Attorney Cuyler stated the proposed ordinance has undergone minor changes and establishes the Collier County Council of Economic Advisors. Commissioner Saunders stated that the proposed ordinance contains language wherein the appointees are to be qualified through experience or education and suggested that language be added that the appointees have substantial experience in economic development. The following people spoke on this item. Dudley Ooodlette A/Ion Fish Commissioner Saunders stated that the language regarding qualifi- cations should be expanded to include economic and business develop- ment, economics and planning. He also suggested that up to three (3) alternates be selected to fill vacated positions on the Council. Commissioner Constantine closed the public hearing. ColBlliiOner Saunders loved, seconded by Cosmllsloner )Mtthelee and carried unanimously, that Ordinance 94-26 be adopted ~nd entered into Ordinance Book No. 66 with the suggested language change and tncludtng &ltizmatel to be a17polnted. (2232) Itmle12C4 HC01~I~ID&TICTM ~O D~IGNATE ]K)UR (4) POSITION CLASSIFICATIONS TO THE S~]l/Oltl~~lrz SI~V/C~ RrZZ~ CLASS - DENIED Legal notice having been published In the Naples Daily News on April 24 and May 1, 1994, as evidenced by Affidavit of Publication filed with the Clerk, a public hearing was opened. Leo Ochs, Administrative Services Administrator, stated that this Page 33 May 10, 199~ item is a recommendation to change the retirement designation from Regular Class to the Senior Management Service Class for the County Attorney, Chief Assistant County Attorney, Assistant County Administrator and Assistant to the County Administrator position classifications. Mr. Ochs explained that there are five (5) classes of membership in the Florida Retirement System and the Board of County Commissioners contributes to the system on behalf of employees. In response to Commissioner Constantine, Mr. Ochs replied that the retirement system for the general employees is the Regular Class membership and 17.66 percent of base salary is contributed. Jane Varner spoke on this item. Commissioner Constantine closed the public hearing. Co~tsaloner Constantine ~oved, seconded by Comissioner Norris and C~XTted unanimously, to deny the recow~sndation to designate fou~ (4) position cluaiflcationa to the Senior M&nage~ent Servtca Ztae12C5 - Co~ttnu~d to It~y 17, 1994 Meeting (250?) I~O~ON 94-350 R~ PETZTZON NUMBER ~DPO-94-3, RAYMOND G. ~UkRRI$, ItH1~t~E~TX~ HIDHANAY BEACH ASSOCXATXOR, INC., REQUESTXNG A 5.5 FOOT VA~IA~C~ Flt0~ THe MINIMUM BASE FLOOD ELEVATION OF 12 ~ NGVDAS I~~D BY THE FLOOD DAMACH PREVENTION ORDINANCE (ORDINANCE NO. 57-50) AN INCORPORATED BY REFERENCE INTO THE COLLIER COUNTY F~tND D~ELOPM~NT CODE (ORDINANCE NO. 91-102) ON PROPERTY DESCRIBED AS TRACT A, NXDEANAY BRACH SUBDIVISION - ADOPTED Legal notice having been published in the Naples Daily News on April 24 1994, as evidenced by Affidavit of Publication filed with the Clerk, a public hearing was opened. Bryan Milk, Project Planner, stated that the Petitioner is requesting a 5.5 foot variance from the required 12 foot flood e/eva- tion in order to construct two (2) 50 square foot restroom facilities underneath the existing Hideaway Beach Recreation Center at elevation 6.5 feet NGVD. He explained that the existing recreation center is located within Tract A of the Hideaway Beach PUD, Marco Island, and Page 34 ~a¥ 10, 1994 Tract A is a commons area o~ned by the Hideaway Beach Association. Hr. Htlk indicated that the area surrounding the recreational area includes a nine hole golf course, tennis courts and recreation open space. Mr. Milk stated that actual finished floor of the building is 15.91 feet NGVD and the proposed restroom facilities will be at 6.5 feet. Mr. Milk stated that Staff is recommending approval of the peti- tion ~ubJect to the conditions set forth in the resolution. Commissioner Constantine closed the public hearing. Co~toelon~r S~undere moved, eeconded by ColmAseloner Volpe and c~r~Aed~i~ou~ly, that Petition FDPO-94-3 be approved, thereby aa~rpt~~lution 94-350. Page 35 Zt~B #~$A2 - Continued to ~ 24, 1994 BOA~)OFCOUITT COBI~SSZONBRS' COIIdUNZCATIOXS Nay 10, 1994 Commissioner Norris stated that the Board of County Commissioners should deveIopa position regarding legalization of casino gambling in Florida and Staff should define "casino" in the Land Development Code at a minimum. In response to Commissioner Constantine, County Attorney Cuyler informed the Board that gambling will be a State regulated enterprise if the State of Florida gives approval and counties will not be allowed to determine if they should or should not exist. Commissioner Constantine stated that to include gambling in the Land Development Code at present may be premature but the issue needs to be addressed. Commissioner Norris stated that the RECAP program introduced to the County by Capt. Ed Day needs to move forward. County Manager Dorril! informed the Board that 45 positions were ~ubmttted by Capt. Day as eligible for the RECAP program but those posit~ons are currently filled. Mr. Dotrill suggested that there are five or six (5-6) current vacancies that are not on the list but could be used as a RECAP pilot program in an attempt to start the program earlier. Commissioner Constantine stated that the Board of County Commissioners is interested in the program and a presentation by Staff should be made as a regular agenda item. Co~issioner Volpe stated that residents in Bonita Springs have raised issue with the zip code and the confusion created as to whether they are in Lee County or Collier County. Commissioner Constantine informed the Board that he has been in discussion with representatives of the postal service regarding a post office tn Golden Gate and he will discuse the confusion in Bonita Springe during the next meeting. OCO 279 Page 36 Hay 100 1994 Contsstoner Hatthews questioned when the renovations to Building B are expected to commence? County Hanager Dotrill etated that bids have been recetved for the renovations to Building B which will function as the Elections Office. He indicated that renovations are also necessary to the third floor of Building F, especially the Commtseton Chambers, and a change order to the award of contract for the third floor renovations will be negotiated. Hr. Dorrlll explained that a conceptual budget will be presented for the third floor renovations along with the bid award which is expected within two (2) weeks. County Attorney Cuyler informed the Board that an opinion has been received from the 11th Circuit Court of Appeals upholding the Countyte right to enforce the zoning laws in regards to the First Assembly of God Church lawsuit. County Hanager Dorrill stated that th~ Inunokalee Foundation has requested a special meeting on Hay 25, 1994 in Immokalee regarding a request for a Federal Empowerment Zone designation and June ? Is the deadline for final nomination. He indicated that the Board of County Coeuntestonere schedule prohibited another special session tn Hay. Conicstoner Constantine stated that a three (3) day workshop is scheduled with County Staff and it would be appropriate for Staff to present the outcome of the workshop to the Board prior to the June ? deadline. County Hanager Dotrill stated that an Ordinance prohibits Issuing business card to representatives of County Advisory Board. He explained that the Airport Authority has requested business cards because of the Authortty'e separate legal status but the ordinance will need to be amended. Hr. Dorril! requested that he be authorized to order business cards for the chairman of the Airport Authority tm~ediatel¥ because of his upcoming meeting in Seattle, Washington. Cosu~iasioner Constantine stated that the chairman of the Airport Authority will be representing Collier County at the upcoming con- ference but business cards may not be necessary for the entire Page 37 May 10, 1994 authority. Adatntstratlve Assistant to the Board Ftlson stated that the June 16, 1994 Budget Workshop needs to be rescheduled. It was the consensus of the Board to reschedule the morning Budget Workshop session on June 16, 1994 to the afternoon. R~c~e~.d: 3:10 P.M. - Rsconvened: 3:20 P.M. at which Clerk Barbtretti replace Deputy Clerk Fer~le~z Tape#4 lteR~BG1 P!~IgTATXOI~ ~ FXRN~ APPROVED XN TH~ LAWDFXLL OPTXNXZ~TXON RF~- 2148 - ~DDI'~ITON ~NVXRONI~NTAL, INC., CHANB~R$ #AST~ ~A~T~!~ OF FLORIDA, XNC. AIgD NA~T~ NA~AG~,~NT, INC. OF F~ORXDA SEL!eCT~D TO Commissioner Constantine stated that presentations should take no longer than 20 minutes and 10 minutes of questioning will follow the presentation. Bill Lorenz, Environmental Services Administrator, stated that today's presentations are the first step to qualify vendors to respond to a written Request For Proposal (RFP). He said that Staff will then present the proposals to the Board for evaluation using Staff's pro- Jections as a comparison. Mr. Lorenz pointed out that once the first vendor begins the pre- sentation, the other vendors will be asked to leave the Board Room. Commissioner Volpe stated that an RFP had been previously pre- pared. He asked If the new RFP will be developed based on a specific proposal? Mr. Lorenz stated that the RFP will be similar to the previously Issued RFP. He said that the key to the response will be details that involve cost proposals. Russell Xlter, of Addington Environmental, Inc., (AEI) distributed a presentation booklet which corresponded to a slide presentation. He stated that an organizational chart for this project and resumes of key staff are included in the presentation booklet. Mr. Klter stated that Addington Resources, Inc., is the parent Page 38 Hay 10, 1994 company and Is still managed by members of the Addington Family. He said that the firm has an outstanding environmental record. He pointed out that AEI designs much of its own equipment. He stated that one of the reasons AEI remains cost competitive Is because they utilize their own construction crews at the landfills. Mr. Klier reviewed the reference facilities listed on Page 5. He stated that Citrus County, Florida, recently went through a process similar to this procedure. He said that Citrus County will retain ownership of the landfill and AEI will be doing the capital Improve- ments and redesign. Nr. Klter reviewed AHI's commitments to Collier County listed on Page 6. Mr. Kller Indicated that he and members of his firm have visited the landfill and suggested that the Board consider the approaches listed on Page ? for optimization of the landfill. He briefly reviewed the suggestions. Mr. 11ter stated that a pro~ect team has been developed for the Collier County pro~ect including Agnolt, Barber and Brundage, Inc.; Ardaman and Associates, Inc.; Hodgem, Harbin, Newberry and Trtbble, Inc.; and Waste Energy Technology, Inc. Commissioner Saunders asked how many years were left to use the landfill without having to expand It7 Mr. 11ter stated that the existtrig facility has ample potential. He said that there is a great amount of airspace that redesign and reorientatton can gather. He stated that a firm amount of time will be provided in a fixed bid. In response to Commissioner Matthews, Mr. llter replied that Addington has operated its longest running landfill for five years. Commissioner Matthews remarked that the landfill is presently operated with County employees. She asked what was envisioned for the existing employees? Mr. Klier replied that good employees are a benefit to his firm. He stated that if the employees met Addington's qualifications, they Page 39 May lO, 1994 would Incorporate them into the operation. In response to Commissioner Matthews, Mr. Kller stated that the height of the landfill is a critical Issue. He said that the current landfill is designed for 107 feet due to the fact that It was set for the width of the existing cell. He Indicated that by expanding the footprint the triangle could be expanded, In answer to Commissioner Volpe, Mr. Klier replied that Addington ts Involved with many community youth activities in an effort to pro- vide better living within a community. In response to Commissioner Volpe, Mr. Klier confirmed that the Operations Manager would report to Steven Addington, Managing VIce-President. He said Mr. Addington is a brother to the three men who own the majority of the company stock. Jim Elias, Marketing Manager of Chambers Waste Systems of Florida, Inc., (CWS} distributed an Informational package to the members of the Board. (Copy not provided to Clerk's Office). Mr. Elias stated that CWS was formed in 1971. He said that CWS is based in Pittsburgh with marketing and operational offices in Okeechobee, Florida. He stated that the southeastern operations began In 1983. Mr. Elias Indicated that ¢WS has the best disposal record of any disposal company In the Country and the fourth largest company In the Country. He said that his firm has never received a citation for any envlrorusental liability. He said that all the facilities are designed to exceed Federal standards for landfills and all transfer stations are designed to exceed the local regulations. Mr. Elias stated that CWS Is a subsidiary of Chambers Development Company. He remarked that CWS has operated in Florida since 1992 when his firm purchased and began the operation of the Okeechobee County Landfill. He said that Okeechobee County is a host community; for every ton of material brought in, the County receives a host fee bene- fit. Mr. Elias stated that the alternative that CWS proposes for Page 40 ~a¥ 10~ ~994 Collier County is hauling out materials, specifically for the time before a decision is made regarding long term operation. He proposed an alternative for Collier County; transfer out the municipal solid waste and operate the existing landfill at a Class S operation mode. He explained the operation of Okeechobee County landfill and revealed that the entire capacity of the site of S,000 tons per day exceeds 125 years. He explained that the City of Fort Pierce uses route trucks to haul material to their site. He said that they also have a long term contract with the City of Key West. He stated that they haul from the City of Key West to Okeechobee. He indicated that his firm offers a state-of-the-art facility with long term disposal capacity in excess of ZOO years. In response to Commissioner Norris, Mr. Elias replied that the only incinerator owned by Chambers is a medical waste incinerator in Virginia. In response to Commissioner Volpe, Mr. Elias stated that the contract with Fort Pierce is $29.50 per ton at the gate, the rate of Increase is the Consumer Price Index (CPI). He explained that the contract with Key West is $56.S0 per ton at the gate. Mr. Elias stated this response is a proposal to assist the County Staff in the planning of long term care and closure. In response to Commissioner Matthews, Mr. Elias stated that he could not give an estimated tipping fee at this point. In response to Commissioner Norris, County Manager Dorrill stated that the Collier County landfill handles approximately 1,000 tons per day. Gary Brothington, representing Sanifil/ Rec¥cl!ng, Inc., (SRI) stated that his firm was founded in 1990. He said that in Z992 the company shifted strate~ to become a disposal based company. He announced that the ultimate product Sanifill has to sell is air space. He briefly reviewed SRI's national facilities. Robby Howell, Southern District Manager, presented the Board with copies of SRI's annual report. (Copy not provided to the Clerk's Page 41 May 10, 1994 Office). He stated that Sanlftll Is the third largest landfill opera- tor in the Country. He said that the goal of Santrill is to provide quality service with integrity. He reviewed the qualifications of the Staff. Mr. Howell stated that in 1993, for every cubic yard of air space utilized, $RI created two and one third of air space. Mr. Howell suggested using an alternative daily cover to Increase the longevity of Collier County landfills. In response to Commissioner Saunders, Mr. Howell explained that a fabric or foam cover is placed over the waste material instead of soil. He said that the material can be covered at night and removed the next day when the filling operation resumes. In response to Commissioner Volpe, Mr. Howell stated that Saniftll has no operations in the State of Florida. In answer to Commissioner Matthews, Mr. Howell confirmed that the company has been operating landfills for four years. In response to Commissioner Matthews, Mr. Howell replied that Incorporating County Staff would be a benefit to both the employees and Santrill. In response to Commissioner Matthews, Mr. Howell stated that SanlfIll has received no citations to date. In response to Commissioner Norris, Mr. Howell stated that he has visited both landfill sites and would step into the operation on short notice. He confirmed that using alternative daily covers would extend the life of the /andfill by 20~. In response to Commissioner Matthews, County Manager Dorrtll replied that County Staff has a proposal as part of the budgeting pro- cess that addresses the use of alternative covers. George Yarnados, representing Waste Management, Inc. of Florida, (WMI) stated that it Is important for Collier County to choose a com- pany that has experience in operating landfills in South Florida where often the ground water is inches below the surface of the land. He said that W~I is the only company with the necessary experience, ,oo 000 285 Page 42 May 10, 1994 resources, ability and financial wherewithal to provide a $10 million environmental Impairment Insurance policy. He reviewed the members of the Project Team that include Hole, Montes & Associates, Inc., Rust Environment & Infrastructure, Inc. and Young, van Assenderp, Varnadoe & Benton, P.A. Jim O'Connor, President of Waste Management, Inc. of Florida, stated that WMI is a subsidiary of Waste Management, Inc., which is a subsidiary of WMX Technologies Company that Is the world's largest and most experienced private provider of environmental services. He said that they operate 132 landfills across the Country and have over 30 years of experience. He remarked on the financial strength of the company. He said that six years ago, WMI purchased a landfill from the County in the Springhill area of the panhandle. He stated that his firm contracted with Duval County to operate a landfill facility. He remarked that it is difficult to develop an RFP for these types of facilities. Warren Smith, Manager-Business Development for Waste Management, Inc. of Florida, presented an organization chart that depicted who would be involved in the Collier County landfill project. He stated that employment would be offered to all qualified County employees. Mr. Smith stated that all WMI landfills meet or exceed all Federal and State regulations. Mr. Smith stated that within a week after Hurricane Andrew, WMI had 100 additional trucks and 200 additional people on the clean up effort in Collier County. Mr. Smith stated that optimization of the site is a key Issue In Collier County. Using an aerial photograph, Mr. Smith described the existing site. He suggested that by taking advantage of the northern portion of the site by filling In the haul road, phasing the project, filling Cell 6 and filling the completed landfill mined area would extend the life of the existing site by 20 or 30 years. Mr. Smith presented a computerized video to depict the conceptual plan for the existing landfill site. Page 43 May 10, 1994 Linda Long, Director of Public Affairs, stated that one of the most Important parts of service to Collier County would be com- ~tntcattons and education outreach. She said that a communications plan will be set up. Mr. OtConnor stated that Waste Management, Inc. has the resources of a large company with the responsiveness of a small company. In response to Commissioner Matthews, Mr. O'Connor stated that the projected final height for the landfill is 15§ feet, which would give an extended life of 30+ years. He said that the landfill could stay at 106 feet and still get 20+ years of additional life. In response to Commissioner Volpe, Mr. O'Connor replied that the RFQ was similar to the RFP that was previously developed. In response to Commissioner Volpe, Mr. Smith stated that WMI's proposed method for optimization would be re-permitting the different construction projects, Installing a liner end filling on the lined areas. In response to Commissioner Volpe, Mr. O'Connor confirmed that WMI Is operating the landfill In Duval County at approximately $10.00 per ton for the life of the site. Commissioner Saunders asked how Collier County could reach the recycling goals required by the State? Mr. Smith replied that the International Process Systems which is currenty betn~ used in West Palm Beach County, is a system that takes yard trash and mixes it together with wastewater sludge to create compost. In response to Commissioner Constantine, Mr. Smith stated that a similar program could be established at the site. He said that the current C & D operation could be moved into the area that is presently used for yard waste which would permit the continuance of ongoing operations and Installation of an IPS system. At the conclusion of the presentations, Commissioner Constantine stated that he te uncomfortable with Sanifil1 Recycling, Inc. Commissioner Saunders and Commissioner Norris agreed. Page 44 May 10, 1994 Commissioner Norris remarked that they have only been in business since 1990 and have no facilities in Florida. Commissioner Volpe also agreed. Commissioner Constantine etated that the other firms have poten- tial. Commissioner Saunders stated that Chambers Waste Systems of Florida, Inc. only proposal involved transporting waste out of the County. He said that he did not agree to this proposal because the landfill would still have to be maintained and if something were to happen to the facility that it was be hauled to, it would have to be landfilled here. He stated that the cost would be prohibitive. He suggested that Chambers be eliminated also. Commissioner Constantine stated that the costs cannot be assumed. He said that as far as recycling is concerned, Chambers stated that they would be willing to work with the Cou..ty. Commissioner Volpe agreed with Commissioner Constantine. He stated that the citizens may want to consider hauling. He said that in terms of optimization all alternatives must be considered. Commissioner Natthews stated that she was Initially unhappy with the Chambers suggestion, but in the interest of listening to as many alternatives as available she would like to hear more from Chambers Waste Systems. Commissioner Norris concurred. ¢om~issioner Norris moved to keep Addington ~nvironmental, Inc., Chambers ~ts $¥etem~ of Florida, Inc., ~d ~aste ~ge~nt, Inc. of Flort~ in t~ ~ process. In response to Co~tsstoner Saunders, Hr. Lorenz replied that the firms will provide the County with a total cost and total capacity so that comparisons c~ be made. Co~issioner Sanders stated that when the Co~ty selects engi- neers for complicated projects, the board meets with two or three fir~ ~d then decides who they ~tll deal with. He suggested tha~ s~e concept for so~td waste. Page 45 May 10, 1994 Commissioner Constantine agreed with the concept but said that this Is not the appropriate time. He stated this is only a look at qualifications, and after looking at specific proposals would be the appropriate time to decide which firm is qualified. Commissioner Norris stated that he would like to see another step. He remarked that a stringent RFP will be counter productive. He believes it should be left open to allow for proposals. In response to Commissioner Matthews, County Manager Dotrill replied that Staff has developed some assumptions that include uti- lizing the area in between the existing cells and using a synthetic daily cover. He said that by using these suggestions, Staff projects that the current site capacity could be extended to the year 2015. He confirmed that Staff is preparing some basis for comparison to priva- tization. Commissioner Matthews suggested that Staff make a proposal. Commtuloner Norris moved that the Board of County Com-tsmtonerm gather propouls on how the optimization will be accomplished from the £ir~ of Addtng~on Knviromnt&l, Inc., Clare Waste Systems of Florida, Inc. ~nd Waste Management, Inc. of Florida. Commissioner Volpe asked if the motion includes a proposal from Staff? Commissioner Constantine stated that proposals will be gathered and negotiations will begin at that point as opposed to bids. Cotmty Manager Dotrill suggested that actual cost projections be Included based on their assumptions. He said that reasonable assuran- ces for their proposal in terms of environmental constraints must be included. He stated that Staff estimate of cost will need to be explained. ~lemioner Volpe seconded the ~otton on the floor. Opo~ c~ll for the question, the motion carried 5/0. In response to Commissioner Volpe, Mr. Lorenz stated that an RFP will be ready in three weeks. Commissioner Norris remarked that the RFP should be developed in a Page 46 May 10, 1994 manner that allows the firms flexibility when submitting a plan of action. In response to Comm~ssioner Constantine, County Manager Derrill indicated that the responses to the RFP will be brought to the Board in 60 to 75 days from today. see Co~iaaAoner Saundara moved, seconded by Commissioner Volpe and C~.'Tte~ 4/0 (Commissioner Matthews out), that the following items under the consent agenda be approved and/or adopted: see RESOLUTION 94-326 AUTHORIZING A 25~ DKFKRRAL OF ROAD, LIBRARY SYSTEM, PAKI~ AID ~TIONAL FACILITIES, EMERGENCY MEDICAL SKRVICES SYSTEM, AND B2XJCATXONAL FACILITIES SYSTEM IMPACT FEES FOR JOSE E. AND SOLEDAD See Pages Item e16A2 - Deleted Item #16A3a RESOLOTXON 94-327 PROVIDING FOR ASSESSMKRY OF LIEN FOR THE COST OF THE ABA%'~II31T OF A P~BLIC NUISANCE COMPLIANCE SERVICES CASE NO. 21214-067, OWEER OF Iq~CORD - ALFRED R. SANCHEZ ESTATE See Pages 3/1~-- J// lteI #16ASh RESOLUTION 94-328 PROVIDING FOR ASSESSMENT OF LIEN FOR THE COST OF THE ABATemeNT O~ A PUBLIC NUISANCE COMPLIANCE SERVICES CASE NO. 30716-082 OMNKR OF RECORD - C S FUNDING ASSOCIATES Itel ff16A3c See Pages RESOLUTION 94-329 PROVIDING FOR ASSESSMENT OF LIEN FOR TEE COST OF THE ABATIMKNT OF A POBLIC NUISANCE COMPLIANCE SKRVICKS CASE NO. 21112-082, ~ OF RECORD - JOHN ROY YOUNG Item#16ASd See Pages E~SOLOTIOII 94-330 PROVXDXNG FOR ASSESSMKRT OF LIEN FOR THE COST OF THE ABATB~IT OF A POBLIC NUXSANCE COMPLIANCE SKRVICES CASE NO. 30817-029, OILIER OF KI~ORD - CAROL A. WHITE See Pages ...~/'7- ~2~' /~ Ite~#l~lkSe - Deleted Xtem J16ASf 94-331 ~XDIRG ~R ASS~S~ OF LIHN FOR ~ COST OF ~g ~ A ~LXC ~IS~C. C~X~OE S~ICKS CASE NO. 30713-045, 290 ag. OWKKROFRECORD - R K RIM~LTY OF FLORIDA, INC. 1994 Item#16&3g RESOLUTION 94-332 PROVIDING FOR ASSESSMKIFf OF LIEN FOR THE COST OF TH~ &B~TE)I~NT OF & PqTBLIC NUISANC~ COMPLIANCE s~rvIcEs CASE NO, 30713-044, OMNKROFRBCOIqD - R K RKALTY OF FLORIDA, INC. Iten#16A3h KE~OL~TION 94-333 PROVIDINO FOR ASSESSMENT OF LIEN FOR THE COST OF THE ABAT~3Ff OF A PUBLIC NUISANCE COMPLIANCE SERVICES CASE NO. 30713-043, ~ OF I~ECORD - R K REALTY OF FLORIDA, INC. Item #16A3t ~ESOLUTZON 94-334 PROVIDING FOR ASSESSMENT OF LIEN FOR THE COST OF THE A~qT~3~f OF A PUBLIC NUISANCE COMPLIANCE SERVICES CASE NO. 30108-001, ~ OF HCORD - PAUL L. RIDDLEBERGER, JR. See Pages -~O~-- 3 G~ ? Item #16A3:J mOLUTION 94-338 PROVIDING FOR ASSES~MEITT OF LIEN FOR THE COST OF THE ABATlI~31T 0P A ~XC ~XS~CK C~LI~CK SK~ICKS C~K M0. 21223-064, See Pages Item R~OLUTION 94-336 ~IDIN~ ~~ ~ A ~IC ~IS~ C~I~CE S~ICKS CASE NO. 30526-062, It# #16131 RESOLUTION 94-337 PROVIDING FOR ASSESSMENT OF LIEN FOR THE COST OF THE ABATemenT OF A PUBLIC NUISANCE COMPLIANCE SERVICES CASE NO. 30720-044, O~EROF F~CORD - IRENE PARENT AND SUZANNE G~AHAM Ite~ #16ASm RESOLUTION 94-338 PROVIDING FOR ASSESSMENT OF LIEN FOR TH~ COST OF THE ABATemenT OF A PUBLIC NUISANCE COMPLIANCE SERVICES CASE NO. 30625-005, ~ OF ~ - MART JOHNSON Page 48 Hay 10, 1994 I~SOLOTZ~ 94-339 PROVIDING FOR &SSEssIq~T OF LINR FOR TH~ COST OF TH~ ABAT~M~Ff OF A I~TBLZC NUISANCE COMPLZANCK SERVICES CASE NO. 21124-015, OWlSr~R OFK~CORD - B&RB&R& A. EANORY R~SOLUTZON 94-340 PROVIDING FOR ASSESSMK]F2' OF LIKR FOR THE COST OF A.BATZMKIFF OY A PUBLIC NUISANCE COMPLIANCE SKRVICES CASE NO, 30724-082, ~ OF J~'~3ED - ACHILLE FZLS & RUBY FILS Item #16A3p RY~OLUT/OII 94-341 PROVIDTHG FOR ASSKSSMX]FT OF LTKN FOR THE COST OF TEE A~Ik~ OF A FOBLIC RUISANC-~ COMPLIANC~ S~RVIC~S CASE NO. 30712-210, OWIIKR OF RECORD - ACHZLLK !~LS & ROBY FZLS RZ~O~OTZON 94-342 PROV/DING FOR ASSES~ OF LIKR FOR TH~ COST OF T]~ AB&~ OF A FUBL:[C NU/SANCK CC:~[FT.,IANCle S~:I~.'VICKS CXS~e NO. 30803-046, ~ OF ~ - SEGUNDO FJLT.,LJtT See Pages Item ,16D1 - Deleted Item,16D2 SATISFACTIOJ~ OF NOTICK OF PROMISE TO PAY ~ A~~ ~ ~ PA~ ~ ~ ~/0R S~ I~A~ ~S FOR SU~ ~ J~S ~, ~ ~ L~A ~L~N, ~IG ~SON HOL~, ROB~ ~ VI~I ~, ~ T. J~ON ~., J~S ~ CA~ LKG~, ~G~ ~ ~ ~S, DZ~ LUCA, ~D~I~ L. ~ I~OSH, ~ D. ~, S.e Pag.sJ.3 3 BID ~94-2189, 'TIRES, TUBE AND R~LAT~D S~RVlCES' - A~ARDED TO VENDOIq~ AS DESCRIBED IN THE EXECUTIVE M~y 10, 1994 JL~D !~'~IV~ & !~B&T~ CI~C~ ~ROM ]~L FOR & LIGHTING R~fROI~IT I~D.-"I'~A~A~3~'~'II~]~ 'I'OMAI"~RHA~A~ CXP BO*IX]~ (~qTJID 325) - XN A ~ D~"'~.A~~OF $8,514 Iteu#16H1 - Deleted Iteu#16H2 - Deleted SUFPL~M~ITJtL ~ NO. 8 #ITH ~I~STMIRD CO~ING, INC. ~R ~I0~ ~ ~ I~~ RO~ B~ 111~/8~ ~ ~ Z-75 (~ ~ ~0~ NO, 66041) - IN ~ ~ OF ~66,992.99 See Pages Item ,16H4 - Deleted Item,16H6 IIIT~I~,iL AGR~EIIT M/TH TH~ CI/~/ OF NAPLK$ FOR TI~ CORS'fRU~ION OF M~F~MiT~fILZTZ~ 30IIITLYN/TH AIRPORT-PU~LING R0&D $IX-LMIING ~ (CIB NO. 039) B~I~EZ]I GOLD~R ~&T~ P&RL~&Y ARD PIN~ RIDGK RO~D - ~TT TO P&Y TH~ COUNT~ ~493,035.48 See Pages Item ,163 M/~I~Y,&~E~ COI~J~FORD~IC~ The following miscellaneous correspondence was flied and/or referred as presented by the Board of County Commissioners: Page 50 Nay ~0, 1994 CERT/F~GAT~ OF CONNECTION TO T]~ TAX ROLLS AS ~S~D ~ ~ 1990 TAX ROLL Nu~r Date 354 04/21/94 265/266 1991 TAX ROLL 1992 TAX ROLL 04/19/94-04/21/94 178 04/19/94 180 04/21/94 1993 TAX ROLL 185 04/19/94 187 04/21/94 1993 TARGZBLK PEI~ONAL PROP~RTY 1993-138/151 1993-154/157 EXTRA GAIN TIM~ FOR INMATE NO. 46657 04/21/94-05/03/94 05/05/94-05/06/94 ltn#16J3 SATXSFACTXON~ OF LXEN FOR S~RVXCKS OF TH~ PUBLIC DEFENDER See Pages There being no further business for the Good of the County, the meeting was adjourned by Order of the Chair - Time: 5:30 P.M. BO~D OF COUNTY CO~ISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO BOARD(S) OF GOVE~uI'NG TIM~ANTJ~I~, CHAIRMAN Page 51