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BCC Minutes 12/03/1991 R Naples, Florida, December 3, 1991 "/'i/J. LET IT BE REMEMBERED, that the Board of County Commiss~oners in · and for the County of Collier, and also acting as the Board of Zoning !i" Appeals and as the governing board(s) of such special districts as !'i'dhave been created according to law and having conducted business t.;~3herein, met on this date at 9:00 A.M. in RK~LAR SESSION in Building ."F" of the Government Complex, East Naples, Florida, with the :'.following members present: ALSO PRESENT: CHAIRMAN: Patricia Anne Goodnight VICE-CHAIRMAN: Michael J. Volpe Richard S. Shanahan Max A. Hasse, Jr. Burr L. Saunders James C. Giles, Clerk; John Yonkosky, Finance Director; Debby Farris, Annette Guevin and gllie Hoffman, Deputy ,!t.[Clerks; Nell Dorrtll, County Manager; Tom Olltff and Jennifer Pike, Assfstants to the County Manager; David Wetgel, Dennis Cronln and Martha Howell, Assistant County Attorneys; George Archibald, Transportation Services Administrator; Frank Brutt, Community pment Services Administrator; William Lorenz, Environmental Services Administrator; Barbara Cacchtone, Chief. Planner; Mike Arnold, Utlltties Administrator; Fred Bloetscher, Assistant Utilities ,.Administrator; Sue Filson, Administrative Assistant to the Board; and :.Deputy Byron Tomlinson, Sheriff's Office. Page #1 December 3, 1991 seconded IrF Coutsstoner Shanah~ and that the agenda be approved with the following Item #8(A)(2) (WILL NOT BE RESCHEDULED) - Withdrawn at Petitioner,s request - Appeal of the Determination of a Public Nuisance No. 91-10-14298. Owner of Record - Aurelio A. Pledra. 2e 4e ~3B Item #8(G)(1) (NO DATE REQUESTED) - Withdrawn at staff's request - Recommendation that the BCC transfer Recycling and Education Grant Funds from capital expenses to operating expenses. Item #16(D){2) (NO DATE SCHEDULED) -Wtthdra~m at staff's request - Approve increase in inter-department payment for services for solid waste tipping fee rate increase. Item #8(A)(?) - Continued indefinitely at staff's request - Recommendatlon that the BCC uphold the interpretation of the Growth Management Plan regarding the minimum acreage of a planned unit development within an activity center. Item #16(G)(3) - continued for one week at stafffs request - Recommendation that the BCC approve the proposed yard waste recycling program, recommend that clear plastic bags be used for yard trash collection and approve expenses associated with promotion of the program. Item #16(B)(1) moved to #8(B)(2) - Recommendation to accept completed construction of Davis Boulevard improvements, a Joint pro~ect between the State of Florida Department of Transportation (~unctton west of County Barn Road to Junction east of Santa Barbara). Item #8(E)(1) continued for two weeks at request of Constitu- tional Officers - Recommendation that the Board of County Comm~ssioners approve the attached changes to the Collier County Group Benefit (Medical} Program and the implementation of a maintenance drug program. Item #16(D)(4) moved to #8(D)(2) - at request of Commissioner Volpe - Recommendation to approve and execute the notice of promise to pay and agreement to extend payment of sewer impact fees for Alfd F. Fayard, St. Item #16(D)(5) moved to #8(D)(3) - at request of Commissioner Volpe - Award of bid for removal of Foxfire project. The BetIon for approval of the Consent Agend~ Is noted under Item KEVIN RTAN~ UTILITIES SERVICE~ DMSION, RECOGNIZED AS ~MPLOY~ OF THE FOR' ~90~ December 3, 1991 :After reading a letter from the Board of County Commissioners [~thanktng him for exceptional service, Conuntsstoner Hasae presented Ryan, .Utilities Services Division, with an Employee of the Year ;plaque and a $250 check award. ROBERT E. STRINGER, WELL DRILLING INSPECTOR, PRESEI~TED NIT~ NATIONAL W4.T~~ .ASSOCIATION ~ROUNDWAT~R ADVOCATE AMARD Commissioner Shanahah presented Robert E. Stringer with a plaque from the National Water Well Association recogntztn~ h~m for public service efforts in conjunction with ~roundwater conservation and pro- ~..:~tectlon by mak~n~ him the recipient of their Groundwater Advocate Award. · 5C ' Commissioner aoodnlght ~resented a service award to the followin~ Collier County employees: ~[[~. ~ Alton L, Clifton - Road and Bridge/Dist, 5 - S0 yrs, - Presented ;'.'.-.'. Lonnie ~ Clark - Road and Brldge/Dlst 5 - 20 yrs, - Presented kltea ~6A~ ~d ~A4 , ~rsuant to Co~tss~oner Goodn~ht'e ~nqutru, F~nance Director ?:'~Yo~osky conf~rmed that payment for architectural des~ of the new 'Health Building, as reflected ~n Budget Amendment 92-66, ts out of ~)-~d S01 instead of the Solid Waste Fund. C~es~oner ",' :::"c~r~ ~t~1~, t~t ~dget ~n~ntl 92-42/44; 92-48~ 92-50/51; ~ 92-62/66 .Zt~ ~SOL~ION 92-2 - ~D Co~l~e~oner c~r~ ~~ely, that ~dget ~n~nt Resolution 92-2 ~ adopted. Pa~e 3 December 3, 1991 :" :~ D&VID LAND KEqUESTZMG APPROVAL OF FUNDS FOR PORTZHN OF 8TUDZES ': :.* I~~D ~ l'l~~ MA~ 1~ - STAFF TO PROVID! ASSZ~ANCI David Land announced he is not actually representing Collier Enterprises, although he did write to Mr. Dotrill on his letterhead ,._from work. He verified his request is as an individual citizen and as a representative of approximately one-half dozen people in the (Immokalee area. He explained that the request being made is for /~ij)i. approval by the Board of County Commissioners of $25,000 to be expended on studies which will contribute to the health, safety, f~;.welfare, and economic develoement of Immokalee. He agreed that the IFAS (Institute of Food and Agricultural Sciences) proposal before the i~Board of County Commissioners iea vary good one. He acknowledged, , there is a possibility that funding will not come forward ~'?~.:,'from the various sources in an adequate amount to do the entire study. .Accordingly, he requested staff be g~ven the authority to take the ~/jentire funding amount and reallocate it to some of the key issues Iy needed by Immokalee at this particular point in time. He ii~.11111~alleged he forwarded a letter to the Board of County Co~ts$~onera ' last Wednesday (copy not provided for the record). He reiterated his .request is for $25,000, $15,000 of which will go to the IFA$ i(I'nstitute of Food and Agrlcultura! Sciences) study with the remaining ,000 focusing on accrual of additional Information. ,j~i:~ ' Commissioner Hasee suggested that the county staff can perform part of the necessary work In-house without requiring the expenditure ~of additional monies. County Manager Dorrill concurred that staff can perform some of required work, adding it might become necessary to Juggle some of priorities around. Inreply to Commissioner Shanahan,. Mr. Land conf~rmed that 000 Is required to perform the study at the level suggested by Institute of Food and Agricultural Sciences), $51,000 of which Page 4 December 3, 199! they. have committed to. ~e concluded that without the additlona! ~?.1,000 required, it will be necessary to discontinue the study or i[(J'(~efocus the scope of work to accommodate the avai~able funds. Fred N. Thomas, Jr. remarked that instead of a study, what is being discussed is development by IFAS (Institute of Food and Agricultural Sciences) of a program which will be Implemented by the Southwest Regional Planning Council. He concluded that information i?~generated by the proposed study would assist in planning for schools, !i~i:housing, new roads, etc., .. well as assisting with grant .pplica- :.ticns. ,~z ?~ ' ~ Tha following persons voiced support for the request of a contrt- !~ibutton by Collier County toward the IFAS prograa (Inotttuta of Food Agricultural Sciences) and subsequent data collecting programs referenced In the Immokalee Master Plan: Charlotte Westman, representing League of Womun Votero of Collier County *Ron Hame/, Executive Vice President of Gulf Citrus Growers Assoc. Bill Price A. Glenn Simpson ;.J'i'!;;~ ; *Read letters from: HRS Services In Hendry County regarding the citecunt of migrants in that area, both at the present time as well as -projections for the future (copy not provided for the record)~ ;Consultant being used in Hendry County for housing (copy not provided for the record}; and Economic Consultant (copy not provided for the i'~:'.' record). Reasons given for support Include: This base is Important with }i)'!regard to demographics, etc. and can be used for reference points; there is no existing study of this nature with regard to the agrl- ;!!cultural community and citizenry; accurate data will be helpful for projecting health care and environmental health activities for the better Information means better decisions by County officials .-:.!'and local government; good growth is contingent upon good planning, good planning is contingent upon good data; there is not suf- ;~.~(ftctsnt data to understand the contribution Immokalee plays in support and service Industries for the urban areas of Collier )unty.. · .George Keller voiced opposition to contributing to studies of the ;.mmokalee area, stating that people benefitting from these statistics Page 5 December 3~ 1991 participate in the f~nanctal need for them. response to Commissioner Hasse, Hr. Ramel confirmed that o~gantzatton has not made a financial commitment directly to this pro- Commissioner Saunders suggested Collier County m~ght provide g funds up to $?,§00 w~th ~. Haman's organization to meet the $15,000 budget request. Commissioner Goodn~ght pointed out that Gulf C~trus ':Association ~s not ~uet a Collier County based organization. D~ecuss~on ensved regarding the ~evels of participation by :~;.~aurrot~nd~ng counties ~o~a~d ~he IFAS (~nst~ute o~ Food and :ultural Sciences) and s~beeqvent studies. ~?~' 'Co~ss~one~ Shanahah ~n~e~ec~ed he ~ou~d be w~]ng ~o make a ~.co~men~ con~ngen~ upon contributions from surrounding counties and ~n ~esponsa ~o Co~as~one~ Goodn~gh~. Chief P~anne~ Cacch~one ~s~a~ed ~ha~, as pa~ o~ ~he ~mmoka~ee ~as~e~ P~an. ~he~e a~e man~ :~:'s~ud~es needing ~o be done ~n ~he ~oka~ee a~ea because ~hey have been done. S~e ~e~a~ed ~he~e are seve~a~ a~ud~es ~o be ~ completed ~n Janua~y o~ ~992, w~h app~ox~ma~e~y ~uu~ o~ f~ve ,:~:s~ud~es p~a~ed fo~ Janua~ o~ ~993. She s~a~ed ~me has been ~:~':a~0~ed fo~ s~aff ~o do ~he housing s~ud~. economic p~an, Sou~h ~oka~ee ~edeve~opmen~, and ~he population estimates ~n-house. She ,:~:po~n~ed ou~ ~ha~ by contributing mone~ ~o ~h]s s~udy, the ongoing )da~e of same w~ be done b~ ~he Reg~ona~ P~ann~ng Counc~ ~a~he~ ongoing e~for~ by s~aff each yea~ ~d ~he expenditure of ~me and e~o~ ~ha~ ~nvo~ves. N~. L~d re~era~ed h~s raquea~ ~ha~ ~he Board of County a~oca~e ~25.000 ~o County ~anage~ Do~ and ~s. on beha~ o~ ~hese va~ous s~ud~es and needs ove~ ~he coming D~sc~ss~on eneued regarding whe~he~ ~he Board of Co~y :~ ' December 3, 1991 should allocate dollars to the County Manager to fund /pro0~amo ae he may see fit. Bethsde of mapport with in-honoe services, ~t fa~l~ fo~ ~ack of ,~.,.~)', Co~lsstoner Volpe pointed out staff has reported four of the five elements of this study are ~der review currently, but may have be deferred. He remarked tha~ duplication of effort or direction ~0f staff to other pro~ects ts not time wel~ spent. -~ .Co~ty Manager Doff111 tnte~]ected that, if the motion includes direction he contact his counterpart in Charlotte County, he ~,~:'need a week or so to evaluate ~: In resDonse to an unidentified man, Commissioner Goodnight com- this Droposal is elmilar to the 9=oposal of three years a~o ]~.: '~::]~i~egardtn~ the hurricane evacuation ~lan where the Individual count/es 'provided ~onetary support and the Regional Planntn~ Counctl maintained ~{tall tAe data. c~rl~ 3/2 (C~eeto~re Vol~ ~d Hues op~e~l, to direct staff to provide assistance to mapplsasnt the work of the University of llorlda wherever possible and for the County to provide 1tmtted ,funding in the a~ount of $10,000, to be contingent upon the industry ~or m~-Toundtng count/es providing the bel~ncs of the required Iteu ~'8A3 :APPEAL OF TH]E DETERMINATION OF A PUBLI0 NUISANCE NO. 01-10-150o7 !-: ~..CORD OWNER - MA~qA"F A. BAILEY .. '. Community Development Services Administrator Brutt expounded that staff~s action relative to the Exotic Removal Ordinance is complaint- based an~ complalnt-drlven. He concluded that the Ordinance ~i."-'w0rktng, complalnts are being filed, staff is goin~ through an ~ ~u~tve process, and the individuals, on their own, are care of the majority of the ~ases. He suggested: 1) a time exten- Page 7 December 3, 199! ~?slon; 2) a program plan of removal; and 3) partial payments when the ~,.~count¥ has incurred expense to clear exotica. ' Mr. Brutt reported that today's appeals are relative to the first '.!!,]~notice of violation and no funds have been expended for clearing of ,,.the properties at this time. 'A brief discussion ensued regarding current enforcement of the Exq~AC'Removal Ordinance. :i Nargaret A. Bailey stated she bought the lot located on Narco ~!'lsland almost twenty years ago because it had a lot of Australian ''Pines on it, which she liked. Commissioner Volpe pointed out the determination was made some ago that Australian Pines are exotics and shculd be removed. In response to Commissioner Hesse, Mr. Brutt verified there ts an /,Ordinance on the books dating back to ~982 that specifically relates exotics. '-i Ns, Bailey said she does not want to remove the Australian Pines ?from her lot. She distributed pictures which were reviewed by the of County Commissioners, but which were not included in the record. .. In response to Commissioner Saunders, Assistant County Attorney ~lgel stated distinctions exist within the Ordinance for both weeds 'and exotics, of which there are clear delineations tn regard to .:'requirements of property owners In both respects. He concluded that ,exotics are addressed in terms of both environmental public nuisance i,~spects and safety public nuisance aspects. Assistant County Attorney Howell stated the Ordinance does require exotics be removed, and enforcement is on a complaint basis. Commissioner Saunders questioned whether a complaint made regarding all the exotics on all county owned property triggers an enforcement by the County against itself. Assista~t County Attorney Howell responded that the Ordinance spe- tc~fles it is only on lots located within 200' of your improved pro- p&rty. Page 8 December 3, 199! i;~ Discussion ensued regarding why the Australian Pine Is identified as an exotic to be removed, and the intent of the Ordinance requiring their removal. Tn response to Commissioner Saunders, Assistant County Attorney Howell verified provisions are currently in place that require exotic Vegetation be removed before a CO (Certificate of Occupancy) will be 'issued for a single family lot. 'i:~ Commissioner Volpe commented it is necessary to address the matter a practical manner as it Impacts upon the various individuals ?affected by this enforcement. Commissioner Saunders implied that the fact the Australian Pines ;are Australian Pines on this particular lot is not enough, in his opt- for the Board of County Commissioners to find that a public .i. nuisance exists on this property. He stated if other facts have been '/..presented to staff than simply the fact the trees are Australian Pines ~!jhe needs to hear that because otherwise he is prepared to vote that ts no nuisance on this particular piece of property which 'iWarrante an order forcing her to remove the trees. Assistant County Attorney Howell questioned whether Ordinance ?'Ji82L37 declaring that these certain five species are public nuisances .constitutes enough reason for someone to report there is a declared ~ubltc nuisance, to which Commissioner Saunders answered In the afftr- ~i matAve. /~' Me, Bailey stated she would remove the peppers from her property, but she does not want to remove the Australian Pines. "~" 'Commissioner Volpe interjected that a determination has been made ~der the Growth Management Plan, under the Coastal Conservation ~)E!ement, that these exotics have proven to be harmful to the native species. ~.Assistant County Attorney Howell pointed out that the State of iFlorIda'also requires Brazilian Peppers to be removed, as well as her exo=tc species. She cited an Instance involving rehabitatlon of a wetlands where the State required the developer to remove all the · ~ . Pa~e 9 December 3, 199! Brazilian Peppers from the property and revegetate the wetlands with species. -Commissioner Hesse commented it would be difficult to do anything :,,but follow the Ordinance at this point in time. Commissioner Goodnight concurred with Mr. Brutt's suggestion ':Fegarding an extension of time for removal due to the cost involved ~he recommended revision of the Ordinance to give more time for remo- L%val of the exotics. Commissioner Saunders suggested that, should that direction be Ivan to staff, Ms. Bailey have the benefit of being able to comply !i'i;':with the new reffulattons. Commissioner Goodnight interjected that everyone appealing today in the near future should be afforded that same benefit. Commissioner Saunders briefly discussed the history of the Exotic ~Removal Ordinance, stating that it could result in the imposition of Incredibly expensive burden on property owners who are not in a to develop their lands. He remarked his Intent was to require these exotics to be removed in an orderly fashion, I.e. when -{' land is developed as that is the time there is some economic activity On the property. ,'.:,~ Fred Tarrant suggested the Board of County Commissioners let Ms. [~ailey keep her Australian Pines and enjoy her property. ;';~!:, Comdsstoner lIasse ~ov~, seconded by Commissioner Volpe, to ;.'?.~i,' uphold the determination of a Public Nuisance No. 91-10-15027. · .". Commissioner Saunders stated he will vote against the motion on :he basis there has been no showing of a public nuisance as required under the Ordinance other than the fact there simply are Australian Pines on the property and on the basis that Ms. Bailey has agreed to 'remove all the other underbrush pursuant to the Ordinance, i:Upon call for the quest/on, the ~otton carried 4/1 (Commissioner r' oppooa, d). · )::;:':~'o,e K~cessed Into Workshop Smsa/on: 11:15 A.M. at which tl~e ;.'~."::. D~ty Clerk ~uevtn replaced D~put~ Clerk Fartie Reconvaned back Into Regular Meeting: 12:15 P.M. see ::. Xtma ~8H1 Page ! 0 December 3, 199! .,:FI~SENTATION OF TH~ COUNTY'S FOURTH A,T~UAL CITIZENS' ~0~ ~ co~~ ~ ~ · ~ ~A~S, ~NC. , County Manager Dorr~/1 remarked the telephone survey ~s par~ of a ."~ three-part process to gain public optn~on, set goals and cbJect~ves ~d to ~nfluence or determine what will be budget policy. He said ~n :": Order to be fair and objective, the County contracted with the Florida ,,-, Institute of Government through the University of South Florida with the assistance of the Collier County League of Women Voters, who ~detsrmlned the answers and maintained the responses. }Is stated i. Fraser & Mohlke Associates, Inc., do a very good Job for an extremely small amount of money, for what has been determined to be one of the 'most sophisticated public opinion surveying tools in Southwest ~Florida. ~i, Chuck Mohlke called attention to a letter which prefaced his /report. ' He said the principle finding in the third ?fear of his firmrs InvoLvement is that the issues identified in the study recur in each i?))~urvey. Secondly, he said, the issue of efficient and cost effective ~endtng of local government revenues is of heightened concern to the He explained those responding to the survey are not only ,i'if:(i:registered voters, but have voted in the general election immediately :, preceding the study. He mentioned an effort was made to monitor ~er or not the County's efforts to establish a program of environ- ~mental protection was being perceived by voters to be effective and ~roacttve, to remediate a well identified problem. He reported that general level of understanding and acceptance of the County~e ;program has risen from approximately 32~ to 46~, which indicates the County is communicating well to interested voters that it not only has ~program designed to protect the environment, but the program is ~?!becomtng well understood and highly regarded. )~[) / With regard to the services of the Public Health Unit, Mr. Mohlke ~i.related there has been an astonishing fall off of acceptance and derstanding since the initial ~989 study. He said in his opinion, Page '" .... ' December 3, 199! ~ result is event related, due to the coincidence of the timing of 'the'.surve¥ and the much debated discussion of providing ambulance ser- vice in the Immoka~ee area in 1990. He indicated a s/milar situation ~.'' occurred regarding responses to efficient cost of services because of :.~the many activities occurring in the City of Naples at the time of the survey. i~'"Mr~'Mohlke noted those Interviewed supported revenue measures such 'as the sales tax and the tourist tax as acceptable ways to finance !~..'needed infrastructure /mprovements. He advised suppor~ of the con- ?solidat/on of fire districts has increased when compared to findings of the first two surveys He concluded that voter interest has emerged for evaluating the need for some form of consol/dated County government as well as a public transit system. ~..~]. Commissioner Volpe asked if the report graphically d~splays the !itrends which have developed over the past three years? Mr. Mohlke ;resPonded the levels of response are /ndtcated utilizing parallel however, it /s planned that the fourth year responses be i~.graph~cally displayed. '""~;' Commissioner Shanahah commented when the survey was taken,' the ~T0urist Development Tax was still in effect, although in the courts, a~d the one cent sales tax had been defeated. In light of those two .:conditions, he asked if the responses were posttiv, and on an upward movement? i~:i;i.~ Mr* Mohlke responded in the affirmative, but added that the q~est~on asked in this survey was different than in the preceding '~eurvey. He explained this survey~s quest/on 1/m/ted those two issues to f~ve years and only to roads and beaches. ~?~ 'Mr. Mohlke advised the Board of a concern of his with regard to surveys, wh/ch has also been discussed with the League of Women Voters. He stated the sample must be drawn ~n such a way that ensures · ~he distribution of citizens ~n Collier County ~s taken Into account i-in terms of location, gender, age, income and employment. He said ~n ~'~11the past, the tnterv/ewtng has been confined to those in identified Page 12 December 3, 1991 ~ouseholds who are at home and willing to be interviewed. He remarked ([~.that means there is a tendency to get persons who are older and many ?~V,:more are retired or not in the work force in any manner than would be i!~he'case in the general community. ':': Pat Ptlcher mentioned having received many phone calla from mem- bers of the League of Women Voters who are very unhappy with the sur- vey. She indicated they feel the questions are presented in such a 'i. way as to be leading and biased She asked why this ~urvsy is not let out to bid? · ~,:. ' County Manager Dorrtll stated the rationale for both the questions :..in the survey and the cost was focused on maintaining objectivity, which is why County Staff plays no role in the survey and the University of Florida is used as the contract agency. He said when ~ ;proposals were originally developed to do this in 19a9, it was disco- i~:.:vered that the cost through a private, consulting polling type firm i;:;,; ': could be approximately $40,000-50,0001 therefore, the Political ...Science Department and the Institute of Government were chosen. He ~: mentioned that in general, the County does not bid out items less than' $6,000. Me. Ptlcher questioned why the Leaflue of Women Voters could not :t this survey on Its own? County Manager Dotrill reported the County could contract with the League of Women Voters as the sole source provider as opposed to the .... ~ .. ~tty of Florida, however, they may need to contract out the sta- ~tisttcal and computer analysis to a firm similar to Fraser & Mohlke Associates, Inc. }..,Commissioner Volpe suggested as part of the strategic planning :ocess, that the Board have some input into the questions in the sur- Co~tsstoner Shanahah commented that may raise concern regarding Board of County Commissioners compiling the questions. County Manager Dorrtll said at the present time the consultant, !?~hrough the University of Florida, ta proposing the questions. He Page 13 December 3, 199! ~aldlthey are not being written by his office or any County Staff He ;~encouraged the Board utilize the results of this survey during the ~strategic, planning sessions, to refer back to issues the citizens feel ,, Important. This b~ing a discussion Item, no action was required. eee ~teceele4: 12:40 P.M. ~'.r -- Reconv~ned: 1:40 P.M. at which tt~e .~, l)eput~ Clerk Hoffman replace~ Deputy Clark ~uevAn see APPEAL O~ TH~ DETE:RMI~&?I0~ 0~ PUBLIC NUISANCE #91-09-13484, ~ O~ ~' '. "R~:C0~, EEFI~ ~. MORIART~ AND PETER GAL~UZZ0 - DETKRMI~&~I0~ 0PHE~D' ~Ot~PLIANCE DATE EXTENDED TO 2/29/92 ' ~ Community Development Services Administrator Brutt stated that ..~... the County inspectors received a letter of complaint from a neighbor .,,:~and investigated the situation and found exotics on the site. He that the owners were contacted and are present to appeal the ~:.i. iMr. Brutt indicated that staff is willln~ to ~ive the property ~,~¥ .' until February, 1992, to deal with this situation. Mr. Brutt provided photos (not provided to the Clerk~a Office), SPicting the sub~ect property which is located a~ 1582 Biscayne Way, Island. He noted on September 27, 1991, the property was found /to be in violation of accumulation of prohibited species. He noted on i:~."October 3, 1991, Compliance Services Notice of Violation letter was ~alled, certified, return receipt requested, and on October 13, 1991, ,, addressee signed the return receipt upon delivery. IL' Commissioner Shanahah observed that a property owner on the north :'side of the subject property and another property owner to the rear filed complaints. :,- Mr. Peter Galluzzo explained that he purchased his property one year ago, noting that he purchased same because of the trees. He i~':/4' that in April, 1991, he contacted the County prior to ' '~"~purchastng the lot, and was Informed that he wou~d have to clear the trees at the time he constructed his home. ~i~~ Mr. Oalluzzo read a letter into the record, indicating a conflict Page 14 December 3, 1991 ......policy and noting that he understands that should these pines occupy properties that are Improved by dwellings, they are not con- ,~stdered a violation of any such ordinance. He noted that he should be ;.~;.'able to enjoy the same privileges and honor the same restrictions on parcel as those of his abuttars. He urged the Commission to exa- mine this issue since the Golden Gate Estates area is exempt from this :.:'ordinance and a blanket policy should be enforced throughout the relative to Australian pines. ;:;~... Assistant County Attorney Howell advised that only Section 11 has 'four· subparagraphs which establish wind, weeds or exotics that have to /;ff:ibe removed. She noted that these deal with mowable lots and rights- of-way. She Indicated that Golden Gate Estates Is exempt from two '~sections of the ordinance, however, it is not exempt from the exotic ,aragraph, or that referring to harboring criminal activity. She :):noted that the reason Golden Gate is exempt from the first two sub- ~paragraphs Is because of the nature of that area being largely undeve- ;loped. She pointed out that Subparagraphs "a" and "b" contain the :~:[i~Golden Gate exemptions and Mr. Galluzzo was cited under Subparagraph ~C~, i<:!';:" Commissioner Saunders called attention to Section 11, Subparagraph He cited If trees are so high they threaten a neighboring house or if they are blown over in a storm, these could be constituted as :ifilpublic.nuisances. He noted that he feels the County is creating a very expensive situation for property owners, discriminating against property owners and setting up a situation where a netghboro determines whether a public nuisance exists. Commissioner Volpe remarked in this particular Instance, the ~laint does indicate that the trees are 60~ In height and they are danger to the adjoining property o~ner. !i'~ Nr. Brutt explained that in addition to the height of the trees, !i/'i he acid from the needles exclude. other nstive specie. from growing ~;~.;undernea~h them. He stated that the trees, themselves, cause pollen ch' is irritating and disturbs other persons, Page 15 December 3, ~99! ~?~?' Commissioner Saunders related that there has to be a finding of a ~,i!-..'public nuisance, but the record does not reflect any statement indi- ,i caring that anyone is bothered by the pollen from this particular ';~Tree, than anyone has had an allergic reaction from same, or if the ~[trees blow over that they would do damage to a house. ~:.-;:. Mr. Galluzzo stated when his neighbor purchased her property she knew what she was buying into. Assistant County Attorney Howell pointed out that the original ~laint, which would be the basis for establishing the public !~u~sance, ind~cates that the adjacent lot has become overgrown with ~" i'p~nes which that property owner feels has reached danuerous heights. Commissioner Saunders advised that the ordinance says "the County [)!Manager determines that there is a nuisance", and not the next door !neighbor. He disclosed that staff is relying solsly on a letter from ~i:i!.'the next door neighbor. Ms. Howell reported that the inspector went out and verified that ,the trees are 60~ high. She explained that Australian Pines have a shallow root system and during a storm with high winds, the trees '~:'could fall over. ' Assistant County Attorney Weigel advised that the Findings of [Fact, Page 2 of the Ordinance, contains declarations which are fin- '[[(,.d~ngs by the Board of County Commissioners that certain types of growth, litter or activity or inactivity by terms of the growth on the :' property, are in fact detrimental to the health, safety and welfare of 'i~'/.'[,i. others. He explained that he does not believe the intent of the ordi- ,,' nance is that each property that comes up for appeal on a case-by-case :.basis needs an ind~vidual determination that there is s health or (safety detriment since this is defined in the ordinance and would not i(have to be reviewed and reapplied each time. He noted that the ordi- nance is in part a policy decision to remove or mitigate a health or ~ condition that exists on properties. ,Assistant County Attorney Wetgel pointed out when a complaint ~s ~iled by a neighbor, the County Manager or his designee reviews that Page : December 3, 199! ~la~nt and clearly needs to confirm that the facts that are deter- by the ordinance to create a prohibited or violarive situation 'do In fact exist. '~. Commissioner Shanahah questioned whether any considerations are ~ei'ng offered to Mr. Galluzzo. ~! Mr..Brutt replied that per Heyward Boycede letter, Mr. Galluzzo have until February, 1992, to proceed with the removal of the · (',/ Mr. Galluzzo stated that he would like to have the time period extension for at least one year since he will be building his home at time. Coa~/ss:~oner Hawse ~oved, seconded by Conlaetone~- Volpe ~d /';'c~ 4/1 (C~Lone~ Se~der~ op~sed), t~t ~t~ff~ dete~- ,~:; ~~ ~O~INO C~, LOCA~D AT ~ 5.E. QU~ OF S.R. 951 ~ ~... Planner Delate stated that this Item is a request for the ::""" Commission to make a finding of consistency with all elements of the Growth Management Plan for the Manares Shopping Center, A/~/A Coral ;'.Isle Shopping Center. He explained that Phase I of this project is rur~ently under construction and the petitioner submitted an amendment the site development plan to amend part of Phase I and all of Phase ',~II of the project, Mr. Delate reported that this project has been granted an exemp- from the Zoning Reevaluatton Ordinance based on existence of )approval of the final SDP. He noted that in order to amend the :!fDevelopment Order, Policy 5.1 requires a 40~ reduction tn the tnten- t¥ of use, or a finding of "other insignificant benefits to the County". He indicated that staff does not have the authority to make MF, Delate a~v~sed that the Growth P~ann~ng D~rector has reviewed the 'proposed changes to this project, which ~nclude: the reduction of Page December 3, 1991 ewer:one acre of Impervious area from the site; the addition of .andecaptng and green space; and the reconftguratton of the buildings and parking. He related that the Growth Planning Director has deter- ~!i/':'mt'ned that changes result in at least a 40~ reduction in Intensity to ':i~:the site and meets the overall Intent of Policy 5.2 of the Future ~and ~!~.Use Element. Mr..Delate expressed that staff is recommending approva! of this subject to the stipulations outlined in the preliminary approval letter dated November 5, 1991, and that this project be deemed consistent with the Growth Management Plan. -..:: In response to Commissioner Volpe, Mr. Delete explained that in [:order to meet the 40~ requirement, staff ts allowing the petitioner to /~tnclude proposed changes to Phase I which includes a reduction to the .~:.;.i/parklng and a reconfi~uratton to some of the buildings. In answer to Commissioner Hasse, Mr. De/ate stated that the pro- 'Jeer will have sufficient parking, noting that current regulations 1 parking space per 215 square feet. Cmnaleetoner Shanahen riored, seconded by Co~ls$ton,r Bases and :'.~'<.'~-c~ri~du~nimmously, that the Manetee Shopping Cen~er be dee~ed con- lietint with the criteria in the Growth Management Plan. ->~;Itn ~8A5 ;','~APPEA~ OF THE DETI~MINATION OF PUBLIC NUISANCES 91-07-003T2 AND 9~-07-09373, C~WNERS OF R~CORD, VINC~HT P. AND CAROL OCUTO - 'D~"I'ENMINATION UPH~LD~ COMPLIANCE DAT~ EXTENDED TO Community Development Services Administrator Brutt advised that ~thts Item is an appeal of a public nuisance by property owners, 'tncent P. and Carol Ocuto. Ne recalled that this issue was presented the Commission two weeks ago, but was continued until today, per request of the petitioners' Attorney, Patrick Neale, and County 'Attorney Cuyler. ..f.Mr. Brutt explained ~hat complaints were filed, an investigation .was:made and a determination was made that the lots have exotics on them.. ~e provided photos of the subject lots. ' Attorney Neale requested that Item #5A6, appeal of the deter- mm 24 Pag. 1. ,.... December 3, 1991 n of Public Nuisance 91-09'Z3363, Owners of Record, A1 and Anne be heard in conjunction with Item #8A5. He provided copies of plat maps indicating the locations of the various lots tn question. ':~,; . Mr. Neale stated that the Ocuto Lots are #6 and #7, pursuant to ~:.~..~thts appeal, however, the appellants also own Lot ~8. He noted that };Lot #8 ts cleared, however, it is undetermtned aa to how or when that f?:~?Lot was cleared. Attorney Neale reported that Mr. and Mrs. Ocuto purchased these several years ago with the intent of developing at some time in the future. ~:~ ~ Attorney Neale presented photos deplcttng the Stanko Lot He !i/stated that under the original Deltona Master Plan, the area that is !i~'[.': now the RO Plant and Mackle Park was supposed to be .% golf course, 'rimmed with Australian Pines. He noted that the Deltona property is !/~.i:adJacent to the Stanko property and hedged tn Australian Pines. He !~:i.tndicated that the Stankors purchased their property in 1974. With regard to the nuisance Issue, Attorney Neale divulged that .the determination of same states: "Land which is allowed to become overgrown with weeds, grass, or other prohibited exotics. He noted :::lithat his clients have no problem keeping the growth relatively clear ~[~.'with respect to the understory, etc , but they do have a problem with the "nuisance factor" of the Australian Pines. '- Attorney Neale stated that he does not believe that the pollen /issue is really an issue. He remarked that he is a~lerg~c to h~b~scus ~d n~ght blooming ~asm~ne, however, th~ does not make something a ~?~bl~c nuisance. He related tha~ the mere ~nstance of the trees '~:'grow~ng there ~s not a public nuisance. Assistant County Attorney Howell advised that other documented 'nuisance factors w~th regard to these prohib~ted exotics ~e that they [estro~ native w~ldl~fe habitat, use a lot of water, grow more ~ck~y ~han 'other species of plants, become overgro~ very rapidly and k~11 other vegetation that is in existence. Attorney Neale replied that Ms. Howellte reference to other docu- Page 19 ~'~ - December 3, 1991 lentat&on ~s not contained in the findings of the ordinance, nor · ~' ~n'cluded in the record for the reasons, as stated, they are a '.'/~nuisance. · "~:' 'Assistant County Attorney Howell called attention to the "second" ~Whereas Clause" of Ordinance 91-47, which states: "... the Board of i~i~iCounty Commissioners has determined that land which is allowed to "become overgrown with weeds, grass or other such prohibited exotics or ~'?~(similar growth or land... is detrimental to the health, safety and i~:,:il. welfare of the citizens of Collier County..." ~:~.ii.' Commissioner Shanahah pointed out another important element to the propensity of the seeds from this tree blowing all 'i~"over the community and sprouting everywhere. ~. Attorney Heals replied in these ~nstances, these trees are not a ~.'. nuisance and the Commission is permitted under the ordinance, to :'..' review the determination and determine whether they are or are not a [lc nuisance. ' Mr. Neale cited that he believes the ordinance is flawed with i..!i respect to a protection argument. He noted that the ordinance directs of unimproved property to clear exotics from their land, but ~does nothing as far as owners of ~mproved property. In addition, he %:'.r~marked that it is unclear as to the definition of "improved :'p~operty", which states: "Property that contains streets, buildings )' ~:or other structural improvements". He indicated that all these pro- ~ertiea have streets available to them and are a part of an improved ltial subdivis~on. :.j'.Ms. Howell advised that the County Attorney's Office interpreted def~nit~on of "~mproved property" as not Just a piece of land that ?&buts a right-of-way, but property that contains buildings, streets, ..~:!or. structural improvements. She noted that this would be land which !contains some type of ~mprovement beyond the natural vegetation. 71 .~]! Assistant County Attorney Howell explained that Section "C" of the relating to prohibited exotics and refers to "unimproved ~ property", noting that there is a problem in that regard. She noted Page 20 someone has Australian Pines or Brazilian Peppers on their lot and ~8ome6ne complains, the owner would not be required to remove same Af was an "Amproved lot". She cited that the ordinance could be ~ amended to include "improved" and "unLmproved lots". Attorney Neale remarked that every property owr. er ~n Collier County would be cited for having exotics and they would need to be cleared. He indicated that Ordinance 82-37 requires p,~ople to remove '~"exotics at construction, however, Mr. etaeke may be different since he purchased his property in 1974. Tape- :~(? Commissioner Volpe stated that in this instance there As an accu- mulation of exotics, and there is in fact a public nuisance going '. Mr. Neale remarked that over a period of time th~ problem wall be by the action of the ordinances, however the declaration of ,'more specific issues as to what is or what is not a nuisance and the definition of same has some merit, but questioned whether it As a nuisance to have Australian Pines in a neighborhood that is full of these trees. "~ Commissioner Saunders stated that has feeling on the two petitions ~:being discussed is the same as the previous two petitions. He divulged that the ordinance would not be "flawed" if on a case-by-case basis there would be a finding of a public nuisance but something more 'than the mere fact tha~ there are Australian Pines or some other exo- [tics on a properry. He related that he does not understand how A~ can be dlstAn~ished between an "improved property" having exotics and an property" having exotics if there As a finding of a public · nuAs~ce by the mere fact that it As an Australian P~ne. C~ie~i~er Hasse ~ed, ~econded ~ Co~s~oner Vol~ to uphold - Italini ~te~t~on with regard ~o ~b13c ~ts~ce NO~l. 91-07-09372 ~d 91-0~09~73, ~d coalesce date extended to Feb~ 29, 1992. ~" ' Co~es~oner Shanahan requested that staff come back w~th a ~me ~d implementation schedule w~th respect to the removal of exotics; Page 21 December 3, 199! ~iariflcatlon and recommendations relative to "Improved' versus :':.:,~_untmproved" properties; and whether or not Improved properties with J.exotics are grandfathered. -!f~:~,. Commissioner Volpe concurred with Commissioner Shanahan's request, .'noting that this Issue needs to be looked at as a public nuisance as ~.:~.~well as an implementation of the Coastal/Conservation Element of the Growth Management Plan. call for the question, the ~otion carried 4/1 (Co~ioeAoner !:.,~ OFDL~I~XlqATION OF PUBLXC NUISANCE NO. 91-09-13363, 0~]ggl~ OF CO DA ANDAW STA O - DxTm NA?X0NUP X D; COm XAWC DA X The discussion of this item was held in conjunction wlth Item #SAS :above. 0o~tmetoaer ~a~se ~oved, seconded b~ ContasAoner Voipe and !.~...;~" carried 4/1 (Commissioner Saunders opposed), to uphold steff'e deter- mlnatlonwlth regard to Public Nuisance No. 91-09-13363, and coapliance date extended to February 29, 1992. Xfer d~SB1 RKCOJOfKNDATION TO REJECT THE SINGLE AND ONLY BID RESPONSE r0a STATE ROAD 29 PEDESTRIAN OVERPASS IMPROVEMENTS SUBMITTED BY MCGOVERN CONSTRUCTION COR~. - STAFF TO RENEGOTIATE WITH MCGOVERN; IF REASONABLE ARRAN~ IS NOT REACHED STAFF TO ADVERTISE FOR REBIDDING PROJECT Transportation Services Admfnfstrator Archibald explained that this item involves the bid results for construction of the State Road 29 Pedestrian Overpass to the school site and Farm Workers Village. reported that the project involves an overpass that has two relati- long spans which exceed 230 feet and Includes ramps, appropriate ghttng and ai~nal modifications. · Archibald 'remarked that the project was advertised in October bids were opened in November, noting that only one bid was sub- (i~mltted. He cited concerns relative to the bid which was received, Bast Importantly, staf~'s original estimate versus the bid amount is quite a bit higher than the estimate and the project budget. ooo,, '28 Page 22 December 3, 199! ~:idivulged that staff has looked at some of the cost items and the ~:Vneed for the overpass. He announced that three other vendors [.~'r.eXpressed an interest in this project, however, they were unable to meet the bidding requirements or did not submit their bids to meet the bid opening date. Mr. Archibald stated that there ts the possibility that this pro- ~ect could be readverttsed and rebid which could result in a savings. reported that staff is requesting that the single bid be rejected ~ ,. and to proceed with readverttstng as quickly as possibly and rebidding. He noted that in the interim, McGovern C,~nstruction con- tacted staff and indicated a willingness to establish reductions in cost. He explained that the contractor desires to pursue the alter- 't.'native of negotiating some of the contract items. He affirmed that one of the advantages of this particular contract is that it is an ..itemized contract and all the activities are broken down. Mr. Archibald offered three alternatives for consideration: 1. Reject the single bid and direct staff to readvertise and rebid the project and attempt to have three more vendors become involved. Direct staff to negotiate the bid items directly with McGovern and come back to the Commission with a recommen- dation of the results. 3. Direct staff to initiate the advertising for febAdding and provide a fixed time frame for negotiations, i.e. two weeks and report back relative to the negotiations. In response to Commissioner Shanaban, Mr. Archibald advised that the time frame under the contract for substantial completion is 130 days, noting that complete work is 150 days. :.: Hr. Butch McGovern, Vice President of McGovern Construction, pre- sented the Commission with a handout titled "Data for Negotiations of ..,.; ,.Bid #91-1797, SR 29 Pedestrian Overpass". He remarked that he believes he is able to work with staff to achieve a project which is ,_economical and feasible to all concerned. He noted his willingness to ottate with staff in order to reduce the costs to a figure closer ~'o ths'e~timated cost of the project. Mr. McGovern pointed out that throughout his package he has listed Page 23 December 3, 1991 Ltems of suggested methods of reductions, bringing the cost of the ~pro~ect'down to $592,000. He noted that staff's estimated cost of the project is $560,000. He cited that there is a possibility that formal negotiations with staff may lead to further reductions. He requested that the Commission direct staff to enter into negotiations with ,firm in order to proceed with the project. ~l''~' Commissioner Saunders suggested that staff reneGotlate with Mcgovern, noting that if the project is rebtd there is no ~uarantee ~.i.l,that there would be three quailfled bidders. ~ Cc~t~i~ner Saunders ~oved, seconded bF comtsstoner G~ight 't~t mff ~ dtrect~ to negotiate with McG~e~ Conerection ~ ~ ~~t is reached, fo~l bid r~lrements t0 ~ ~1~; if rlu~bll ~u~nt tm not reached mtaff to prep~e the bid ~- ~tm ~d m~rt/~ for reb/ddtn~ of tbtm pro~ect. In response to Commissioner Volpe, Mr. Archibald advised that ~ tS not necessary to 1nvolve Jenkins and Char/and, Inc. in This process ;since the items to be renegottated are site related and not structure 'related. ~e advised that he does not foresee any chan~es tn the plans ~[::',and specifications that could not be handled as ~art of the contract :~,ne~ottattons between staff and the single bidder. :[~':: ~ Co~tsstoner Shanahah stated that there are a n~mber off reasons why a number o~ contractor8 did not bid on this project. ,He indicated that he feels that the project should be rebld in its j:~ort~tnal format to obtain the best possible deal. ~,~.j* Co~ss~oner ~asse concurred with Co~tsstoner Shanahan~s remarks. '~' Tr~e~ortatlon Services Administrator Archibald etated that he ~J[/d0es not believe there could be any substantlal savtn~e in any of the ot~ctural work, maintenance, traTTtc or rela~ed ~ork. He '.tha= staff reco~izes that it may be difficult to negotiate do~ estimated price. Mr".'.MC~overn advised that the structural Integrity of the -not Be chan~ed. '~::~[~':'[ Co~ssloner Hasse questioned whether it ~s legal to rene~ottate. Page 24 December 3, 1991 t¥:., Assistant County Attorney Wetgel replied that only one bid has J been submitted and allows for this type of action. He affirmed if more than one bid had been those b~dders could argue that they should ihave another chance to tenegotists. .'~',. Mr. Archibald stated that staff ks hoping to arrive at a closer to the $§60,000 figure, however, if that cannot be ~." :.: accomplished, he w~ll submit a report to the Board indicating same. Commissioner Volpe remarked that he has a problem with the !i ,:~$140,000 d~screpancy between staff~s and the consultant~e estimate. Upon c&l! for the question, the motion carried 3/2 ( Contsstoner · ShL-mlmn and Contss~oner Huse opposed). "~'; ''' Commissioner Goodnight left the room st this time l~COI~]IDATION TO ACCEPT COMPLETED CONS~RUCTION OF DAVIS BOULEVARD ~'~:~( ~ '. INPR~ (3~NCTION WEST OF COUNTY BAR~ ROAD TO JUNCTION EAS~ OF Transportation Services Adm~n~s~ra~o~ Archibald reported ~(~ ~. ~em ~s a review of ~e ~na~ con~ac~ a~oun~ fo~ ~he Dav~8 Boulevard 'pro~ec~. H~ explained tha~ ~here ~s a budge~ o~ ~,750,000, con~ac~ of.$~,6~4,~65 and a f~na~ con~ac~ amoun~ o~ $~,685,398, or 4~ above con~=ac~ amount. . · Co~tsstoner Volpe recalled that there have been recent ~.d~s~ss~ons relative to developer contributions for the funding of ~ th~s project and whether the County should accept the final contract ~,?,,~tll those monies have been received ~n hand. He ~ndicated that th~s ~nvolves a commitment ~n the amount of $~2,000 from Seacrest School ~:f[~ ,.~d there are other developers who have not yet contributed along that corridor. ~:[:'. Tr~sportat~on Services Administrator Archibald advised that there are four outstanding private agreements that the County has entered ~nto. He remarked that Countryside has pa~d ~e co~ltment. h~-~' He ~lged that the amount of $12,800 for the turn lane has been .,. ~nvo~ced but negot~atlome between staff and the school are taking ~lace as to the arrangements for payment He indicated that there Page 25 December 3, 199! third commitment from the Berkshire development and this is also part of an agreement to include improvements on Davis Boulevard, Radio Road and Santa Barbara. He reported that this agreement will be ~i.'comtng back to the Board but funds are secured thl'ough that develop- "~ment to provide payment of that fair share. He announced that . Wildwood has committed to postpone some of their entrance work and ,staff is waiting to receive that agreement back from the developer. Commissioner Volpe cited that he believes there are policy con- ',:~aiderations with regard to this issue. He stated that there are no i"time lines by which this is to happen. He suggested that final payment not be made until the contributions have been received in hand. · '' Cow~/Isionar Hust left the room at this ti.~e $e* Commissioner Shanahan stated that staff should implement a plan to 'collect these monies and then pay Harper Brothers. ". Commissioner Volpe suggested that this item be con~lnued for two weeks to allow staff to develop a plan with a mechanism for collecting .)~.from the developers. He indicated that a plan should be in place as a condition for accepting the project, Co~imltoner Volpe moved, seconded by Cow-iasioner Shanahah and :.: c~rrAed S/0 (Cmttlionerl Hasle and Goodnight ~t of the roo~), to · centAnne thai ~te~ for two weeks. ' IM~QUP. TT ~ ANARD OF BID FOR I~MOVAL OF FOXFI~ WASTEWATER PLANT F~O~ THE $IT~ - STAFF TO CONTINUE NEGOTIATIONS CIT~ ~ THAT HNTIT~ PAYING COSTS Utilities Administrator Arnold explained that the County owned and operated the Foxfire system for a number of years. He recalled that /i!"~';ithe purchase agreement for that system required the County to remove ~?!i~ .the plant from the site within six months of ceasing to treat sewage ~;.. ~. .(..J'for that location. He remarked that the County ceased that operation in January, 199~. ~' ~ Mr. Arnold announced that there have been ongoing negotiations Page 26 December 3, 1991 ~:[wlth regard to trading, selling or conveying the plant to Everglades C~t¥ for their use. He requested that staff utilize the bids that Everglades City has received for removal of the plant. Commissioner Volpe indicated that since the City of Everglades is funding their utilities through their general fund they may never be in a position to pay the $S0,000 for removal of the plant from Mr. Arnold remarked that staff is working with this sister agency t.~/ who needs the plant and sell same for $1. He recognized that there ~?..;'are some issues which may be the County's responsibility, however there may be the possibility of receiving considerations from Everglades in e ohange,Copeland wster and/or sa tary sewer ser- !~;:,i? Commissioner Volpe stated that if Everglades Deeds the plant and it. will be a savings to them, they should obtain the necessary financing. Commiss~oner Shanahah suggested that staff dismantle the plant and i.?negotiate with Everglades City for the removal and installation of the iiplant in order for the County to receive the $S0,000. .~ ~:. , Mrs. Pat Ptlcher remarked that there is a shortfall in Everglades * City, noting a deficit of $12,764 as of September, 1990. She affirmed that the County~s cost was $350,000 to purchase this plant and now staff ls wllltng to convey the plant to Everglades City for $30,000. She suggested that perhaps there is another community that would like i~!!'adeal such as this. She pointed out that the County may incur add/- '?:ttonal expenses, l.e providing for a clear level work area Including i'~i~obstructtons, excavations, overhead lines, fences, tree~ and shrubbery ~'need to be removed, and the site must be properly drained. -,' County Manager Dotrill advised that those costs must be borne by whomever Is acquiring the plant. Commissioner Volpe remarked if Everglades City bid this pro~ect w~th the ~xpectation that Collier County would absorb the costs, staff should competitively U~d this pro~ect. Page 2? December 3, I991 Cc~taatonar Shanahah ~oved, that staff be directed to obtain a ~c~r for th~ pl~t. ~otion d~ed for lack of a ~econd. · ~s Cm~er ~oo~lght reded to the ~etlng at this tt~ Co~ssioner Goodnight explained ~hat the ~ntent of Everglades City is to expand their treatment plant, and noted tha~ she does not ?.'?~f[~derst~d the problem since th~s issue was presented by staff to the ~_~:Co~sslon several months ago. She indicated If Everglades does not have this plant under operation, the Park Service w~11 be unable to ..'>.~ld the new tourist Center which would help the overall economy of Collier County. , C~ss~er H~se moved, seconded ~ Co~lssloner Vol~, ~d ~c~ ~~ly, t~t staff ~ d~rected to contlnuu w~th ~rglmdes C~ ~t that entity ~ re~ble to pay the for r~l of the pl~t, ~n addition to cle~lng np the F~f~re eee~ Clerk Farrls replaced ~ Clerk Hoff~ at th~s t~ NOTIC~ OF FROMISE TO PAY AND AGR~I~q~ TO EXTI~qD PAYI~NT OF S~ ~ ~8 ~R ~D F, FAY~ SR, - ~0~D Co~ssloner Volpe commen~ed he requested this ~em be ~emoved , ffro~ ~he Consen~ Agenda as he wanted ~o know ~he pollc~ regarding a ~'co~erc~al e~tabl~shmen~. ~.[:~ ' U~llt~es Administrator Arnold stated the Ordinance enacted by the ~ Board of County Commissioners allows the U~llt~es Administrator to ~'~ .authorize up to $6,000 for a residential f~nanc~ng, adding that above :.and beyond that amount, or for co~erc~al establishments, It ~s ~he decision of the Board of County Co~iss~oners regarding f~nanclng. Cm~.e~oner S~~ ~oved, seconded ~ Co~les~one~ Vo~ ~4 carried 4/0 (Commissioner Saunders not present), to approve etaff"a recc~endattons reg~arding the execution of the Notice of Promise to P~ ~nd Agreement to Extend Payment of Sewer l~pact Fee between Al'd F. P~d, Sr. ~nd the Board of County Co~misstonere of Collier Page 28 December 3, 1991 !t~ ~&' ~Q~$T ~ I~ND~ON, YOUNI3 & COMP~ FOR ~ ~ TO ~IR ~ l~qP&~'~ ~ ~ COIFTl~CT WITI~ ~ COUlter' TO COMP~S&~ !~R ADDITION~ $EI~rIC~:S (!IO~) PI~OVIDED - CONSt~T~TA1FT TO I'!~OVIDE ~T~M~.~TTON OF P~!~!~MED; COI:~FT~f A~OXO~N~xr TO ~13OTIATE YAIi~ C~C~ ¥OX~ Assistant County Attorney Cronin explained this request represents the second amendment to the EMS Impact Fee Study Contract to provide for payment of the cost for services performed by the consultant in preparation of alternative studies necessitated by direction from the Board of County Commissioners, and following a Collier County Planning Commission meeting. . ' Assistant County Attorney Wetgel distributed a handout alleged to !' be an itemtzation of the hours reflecting the alternative studies pre- [.pared by Henderson, Young & Company (copy not provided for the ,~,[record). s*f"? ( In response to Commissioner Hasse, Assistant County Attorney ~/;.( ;Cronin clarified that the amendment calls for an additional $~0,000 ?!.. and increases the total cost of the study to $32,073.81. ~:~ , In answer to Commissioner Shanahas, Assistant County Attorney ~' Cr0nin related that usually when approaching a contract amount through ~the development of data or analysis by the consultant, ntaff will at :~/,that time amend the contract, ;~:i:?~ i: *"'In reply to County ~anager Dotrill, Assistant County Attorney Cronin verified the contract with Henderson, Young & Company was certain parameters where the consultant was authorized to Proceed. He reported staff was given estimates of costs as the ./ - contract escalated, on an hourly basis, toward the ceiling amount. County Manager Dotrill questioned whether there was any indication writing to staff that the consultants had met their ceiling within 'a particular segment of their contract, I.e. did they put staff on notice they were in overtime, to which Assistant County Attorney Cronin answered he believed both Mr. Young and Ms. Fitzpatrick tden- ~lfied to him at the time staff was receiving d~fferent direction from Page 29 December 3, lg91 i, :the Board-of County Commissioners and the Collier County Planning ,:'. Commission that additional costs were going to be incurred. .~'... County Manager Dorrtl! suggested staff peruse the file for docu- ..... menration where the consultant put them on notice the ceiling had been reached for that particular segment of the work. He remarked the i;fi'a. county should not pay to have the consultant redo work which should ~';~ have been performed correctly the first time. He added that, from his ??~perspsctive, the consultant is entitled to additional travel and cost with coming hack at the request of the Collier County i~'::'~'Planning Commission for a second public hearing and making a second · appearance before the Board of County Commissioners. · '::" Commissioner Shanahen ~oved, seconded by Co~a~ssioner Hawse and ~'~-" carried 4/0 (Colliesloner $aunderl not present), to r~quest an lte- iii:f/:: ~tzed response as to the additional work performed b~ the consultant i!i'i:.:. gan°rated by the direction of tho Board ofCo--lsstonera. .. C~un~FAttorne~ CuFler directed to negotiate a fair charge for '..i'BO~ OF C~U~gTY COMmiSSIONERS' 001~fUNXCATIONS Commissioner Volpe notified the Board of County Commissioners that the members of the Parks and Recreation Advisory Board have ~ndicated .they want to hold some evening public hearings regarding beach parking 'and the charging of fees as it relates to boat ramps, Clam Pass, Lely Barefoot Beach, etc. Commissioner Shanahah stated he would love to see the Parks and Recreation Advisory Board hold the public hearings and then come to .the Board of County Commissioners with specific recommendations for :,':i~onsideration. '?*?.: Commissioner Shanahah remarked that, to-date, he still has not ::!?received the seven or eight responses previously requested from the !--:.:::County Attorney Cuyler's Office regarding the baseball issue. He the Board of County Commissioners should declare an ~?."emer~enc¥ in order to place the issue on the March ballot. Page 30 December 3, 1991 Discussion ensued regarding whether or not it has been ascertained placement of the baseball issue on the March ballot is an tmposstbl 1 i toutsstoner Volpe related his understanding that the direction of ' the Board of County Commissioners was for remedial legislation. Commissioner Shanahan related there is a request for proposal from the Miami Marline as well as a developer working with the Boston Red · ; Sox and the Atlanta Braves. In response to Commissioner Goodnight, Commissioner Shanahan '."stated he wants the County Attorney's Office to advise him regarding the legallttes concerning a referendum. Commissioner Saunders interjected it is probably appropriate and defensible to establish a Tourist Development Council with an emergency Ordinance, and suggested same be done. He added it is incumbent to have the Tourist Development Council meet and prepare a taxing plan for presentation to the Board of County Commissioners. He ,Inferred it is doubtful this Issue would make the March ballot due to the volume of work to be done. Commissioner Shanahah requested to have Included on next week's iiiff,,,Board of County Commissioners agenda an emergency measure regarding formation of a new Tourist Advisory Council. County Manager Dorrlll reported a conversation with representative ~i' ( Mary ~.11en Hawkins wherein she stated she will consider a local bill allowing for the use of the money which has been collected, if done in ", con~unction with the reconsiderat/on of the Tourist Tax at referendum. ,.He pointed out the advertising requirements regarding same. Commissioner Shanahan voiced his belief that the Board of County Commissioners should go on record in an emergency basis to create an Ordinance for a Tourist Development Advisory Council to put together a referendum that will support the remedial bill in the legislature. It was the consensus that this Item be included on next Tuesday's ;ij:]-[:; agenda for further discussion and action by the Board of County i~::] Oommtsstoners. '~.. ti: ;. ' ? Page 31 December 3, 1991 .~(! Assistant County Attorney Wllson reported the remedial legislation : has not been prepared at this time. She confirmed ~,he has a draft of ' the proposed Ordinance appointing a new Tourist DevelcpmeDt Council as well as a memorandum which answers some of the questions previously asked by the Board of County Commissioners (copies not provided for the record). She commented she ha8 an outline ready regarding the time deadlines (copy not provided for the record). She reiterated there are two viable options facing the Board of County Commissioners, one being the mail ballot and one being the September referendum. She concluded it is possible to have the remedial legislation separate from the referendum In response to Commissioner Shanaham, Assistant County Attorney Wilson confirmed that, under no circumstances, Is it possible to place ~"~ this item on the March ballot for a referendum due to the time deadli- 'i) ~T~ ~ ~ 'COI~NICATIONS .?":* ''~'~' County Manager Dotrill advised the Board of CouAty Commissioners he will discuss with Chairman Goodnight later this week and bring back a.:suggested time and place for a strategic planning meeting scheduled to take place early in January. :. , County Manager Dotrill reported receipt of a request for proposals from the Florida Marline in last week's mail. He suggested sending a /,letter thanking them for their interest in the community and advising .~hem that Collier County Is not in a position to propose as one of the vying for the Florida Marline' spring training facility. County Manager Dorrtll confirmed he has been advised today by Lee County that the Colorado Rockies have also been directed to Collier County and are attempting to visit. He suggested communicating to them the same message proposed for the Florida Marline. s$s ~: 5:00 P.M. - Reconvsnad.' 5.-20 P.M. at w~tch time Deputy Clerk Guevtn replaced Deputy Clerk INTEI~VIE~S OF PROFESSIONAL KRGINE~ING FIRMS TO ~OVID, ~O~SSION~ ~~,, S~CES ~R DESI~ ~ CONS~U=ION S~ICES FOR ~KH~TH COUNT~ REGIONAL WASTEWATER TREATMENT PLANT EXPANSION · 91-1753 - HAZEN & SAWYER IN ASSOCIATION MITH HOLE, MONT~S AND Fred Bloetscher, Assistant Utilities Administrator, recalled past discussion regarding an expansion to the North County Regional Wastewater Treatment Plant. He said alternatives discussed included better utilization of the existing facilities as well as modifications '--..to the oxidation ditch form of treatment. He explained an oxidation ~!']i'dttch is a very efficient form of treatment, but uses a lot of space. ..;He mentioned this Plant must maintain its Class 1 Reliability, because :effluent from this plant is disposed to golf courses and shortly will be disposed to Pelican Bay. He referred to the package of materials provided to the Board, Including the scoring sheets u~ed by Staff and "-i,,the evaluations by Staff of the three firms to Be interviewed. BoFle En~ineerin~ CorDoration Tim Curran, Managing Engineer of the Ft. Myers Office of Boyle ~]::':~i,~ngtneering, provided the Board with an overview o~ his firm~s qualt- .. "fications and experience as they relate specifically to this project. Ne reported that Boyle Engineering Is a national ftTm tn existence for more than 40 years, with approximately 700 employees in 22 offices 'across the United States. He said they can provide full service capa- biltties without the need to subcontract for any services. He pointed i'!'.'out that Boyle Engineering served as the design engineer for the North County Regional Water Treatment P~ant. He mentioned they have acquired extensive experience in Florida, specifically having done ll :/re-use projects and ? projects where the plant process has been con- verted. ; ,: Bob Wright, with Boyle Engineering, directed the Board~s attention a aerial photograph depicting the North County Regional Plant, and ~,?:'"explained his involvement with the additional one million gallon per day facility constructed in the early ~980~s. He stated that Boyle fi!i~/Engineertng's overall project approach will be to maintain a balance J!:!between technical feasibility and the ability to construct, maintain :i.,i, and operate the project within the County's financial objectives, Padre 33 December 3, 199! ~f'Whlle keeping in mind compatibility with plane for future expansions. ~,h~[,i ~.i Commissioner Shanaham asked what would be recommended for odor control? t-.:i,: Mr. Wright advised the most obvious place to control hydrogen sulfide is where the raw sewage enters the plant and at the grid ~-f~'~: chamber. He said another potential solution is to cover the units and draw the gases off through a gas scrubber where the sludge ie pro- cessed. Commissioner Volpe asked for Mr. Wrtghtts opinion of the Board~e ';[~.policy decision to retrofit the existing plant to an extended aeration ii', Mr, Wright etated what has been proposed is technic:ally feasible, however, he is concerned with the hydraulics and maint~ttnin~ the ,.i~'[: balance of the operation while the expansion is under construction, 'i~::. He said Boyle Engineering proposes to build a separate facility that ,. would not interfere with any of the operations. ~e said they also ": propose to convert the oxidation ditch to a chlorine contact basin to i:::i~make it compatible with the rest of the plant while meeting a high ~/ level of disinfection, ~' Comm~eeioner Shanaham questioned how long it would take Boyle ..Engineering to complete this project? Mr, Curran stated it will take approximately se~,en months from the ~,design report phase to completion of final design, followed by the i',~!.'~, bidding phase period and construction. Mr. Curran concluded ~hat Boyle Engineering is a known entity with '~a proven record to Collier County Government. He remarked another i(,.feature of his firm is the fact it is employee owned, therefore, the ;,): County will be working with owners or potential owners who will be ..~' 'dedicated to the proJec~ and be more aware of the decisions and their :/)f,": ramifications, as opposed to being Just another Job. 'Commissioner Volpe asked what funds have been budgeted for this Mr. Bloatschar reported construction of this project is estimated Page 34 December 3, 1991 &t~$6-million. · ~?~ 'In response to Commissioner Hasse, Mr. Curran stated many of their .current projects are in the construction phase, where the emphasis is shifted to a different group of personnel within their organization. ~: ..He said their design team is ready to begin this project, and they have the resources available to meet the timelines of the County. Roger Howell, with the Ft. Myers office of Greeley and Hansen, introduced MAke meckla (phonetic), who served as the project manager for the design of a wastewater treatment plant expansion in .~'.~ Hillsbo~ough County that involved the same processes as this pro~ect. with the North County Regional Plant expansion. He said out of those discussions, the two main goals they have heard are that the County Mike Peckla remarked Greeley and Hansen has met s~veral times with Staff over the past year concerning the Count¥'s prADciple concerns wants the facility to be a good neighbor while getting good value for the money being spent. He mentioned his involvement with the design of Hillsborough County plant, which was successful to the point of winning the Metropolitan Sewer Agency gold award in 1990. Mr. Peckla indicated that reliable odor control is important to remaining a good. neighbor. He added the key points to remember are to contain the odor, treat the contained odors and then disburse the treated air. He said aesthetics should be considered for possible future concerns, again, to remain a good neighbor facility. He com- ~i~%'mented that knowledge of the treatment process wall save the County money. He advised that he recently visited the plant and ran sludge 'settling tests, which indicated the sludge As not settling as well as it could. He stated that creates a problem, and the County may have to.build more clarifters than if it did settle well. He said one way (~to overcome that problem is to chlortnate the sludge, which makes it ! settle better, and provide a conditioner, which is a small treatment basin, that promotes sludge that settles well. In answer to Commissioner Hasse, Mr. Peckla reported this issue Page 35 December 3, ~199! ~st.be addressed in the expansion in order to have confidence that ~.i~he plant w~ll be reliable. He stated the County's ,as,st plan calls for two new clarifiers to be built, however, his firm believes the most reliable alternative is to provide the sludge chlortnatton and ~,conditioner, plus a new clarifier. He indicated that alternative will lees expensive than building two clarifiers. " Mr. Peckla continued, stating the County will be able to save .!i'~' money by understanding the process and structures, having knowledge of · ~/reclaimed water systems as well as the hydraulics. He said his firm >~s able to provide that knowledge to the County. He advised that his firm only does public sector water and wastewater work. He mentioned · .!having a s~ngle firm and team on the project improves coordination, '.~ . 'and manpower availability improves responsiveness. He concluded that hiring Greeley and Hansen will mean a successful expansion. Commissioner Shanahah questioned how much odor and noise can actually be controlled at the facility? Mr. Peckla said there are several potential places at the plant will generate odors. He reported the first is the headworks of . !i.~'t~e plant where raw sewage comes in and adjacent to the headworks is the steel package plant. He said those units must be covered, negati- i:~',~%.:Vely ventilated and a reliable odor control system provided, which ~'i will eliminate odor as a problem. Noise control, he said, must be ~addressed in the design with sound insulation and proper buffers. He m~ntioned a~ the momsnt, there are no houses in the area, however, there may be in the future. He suggested the County consider a wall .'.or site berm in the design plan or planting trees as a buffer around '".the plant as a less expensive alternative, ~i.'~!I Responding to Commissioner Shanahan, Mr. Peckla indicated the . ~'iengineering and construction design time of this pro~ect may be · approximately 6 months, with construction completed within two years. !i:'.~i i In answer to Commissioner Volpe, Mr. Peckla stated he will be the '~hief designer for the project, working several days per week out of Page 36 December 3, 1991 !iht's company's Ft. Myers office. ""H~en~nd 8~r In Associmtton With Ho~em Monte8 & As~locimtes %'' Saade Chibani with Hazen and Sawyer, reported his organization is headquartered in New York City, has been in business since 1952 and employs over 450 people. More important/y, he said, the company has been in South Florida for 25 years, has five offices on the east coast and one office in Sarasota. He said Hole, Montes & Associates has · been in business in Collier County for 26 years and both firms com- :.bined have over 200 multi-disciplined people in South Florida who can !do the entire project. Mr. Chibant commented that understanding the h!atory of the pro- Ject is very important. He mentioned that Hole, Montes & Associates ~, was involved in the master plan and many updates for this facility. .'~He said his firm, along with Hole, Montes & Associates, believes in i~!/i '.~optimizing the money Collier County has invested in the facility by re-using most of the existing plant. He remarked Hazen and Sawyer has .done many wastewater treatment plants throughout the nation and has 'experience with 12 facilities in South Florida that are very similar ~in many ways to the project in Collier County. He mentioned that hia firm has considered odor control to be an issue for many years and has installed odor control facilities in 15 wastewater treatment plants ~successfully in the past l! years. [~i. Commissioner Hasse inquired how many other similar Jobs as Hazen //and Sawyer worked on Jointly with Hole, Montes & Associates? Mr. Chibani stated they have had a long relationship with Hole, !')11' Montes & Associates beginning 20 years ago. He said the most recent U/'/:~iJoint project involved Collier County telemetry in the past six i:months. Commissioner Volpe.commented that moat of the Hazen and Sawyer '~.~ offices are located on the east coast, while Hole, Mon~es & Associates !ill, iS' a local firm. He aaked if that will increase coata to the County? Chibani reapended that travel time is in overhead that will not be aeen by the County in the coata. He mentioned this is not the Page 37 December 3, 199! ~'~first time that situation has been faced by his company, and they have ~'~r~matned very competitive cost-wise. /~.,11 Tom Taylor with Hole, Montes & Associates, highlighted the fact ' that his firm has been involved with the County from the inception of 'projects through completion, which has led to many of the successes ~! i Hole, Montes & Associates has enjoyed working with Collier County. He ~'!~i, indicated they have been working on this particular pro~ect since 1989 ?!i' 'i when they developed the master plan for the concept of providing 'regional wastewater service to the entire North County Service Area. ~i~ He mentioned in 1991, they provided a master plan update which looked i~] at various treatment alternatives that were available and made speci- !?' fic recommendations on which type of treatment process would be most · appropriate over the long term for this facility. He added they per- ~'~ formed a sludge treatment analysis and made specific recommendations /? . relative to a state-of-the-art sludge handling an~ treatment process. i~ii:i?.:: He said the treatment facility itself included several different eva- ,ii[[. justions which resulted in making the most of existing facilities and . ' 'getting more treatmen~ capacity out of existing tankage. He stated that process is also less land insensitive which will u timately result In not acquiring an additional site until much farther Into the ~ ilfuture. i:;.' Mr.' Taylor called attention to a listing of all the major projects ~!?lHole, Montes & Associates has worked on for the County over the past ~,'four years. He mentioned that nearly all the projects have been bid .within their estimates and the actual fins! construction completion ;~' has been less than the bids. as said they have not had to come back =:' "~and ask for ma~or change order Increases. Commissioner Volpe asked why, with the ftrm's expertise, has Hole, ~-'.' Montes & Associates felt It necessary to associate with Hazen and Sawyer? Mr. Taylor stated they have the capabilities in house, however, Hazen and Sawyer has done 100 wastewater treatment plants, which they !, ;'felt would ~tve the County additional comfort level. He said his,firm Page 38 December 3, 1991 :a:whole has not done a similar conversion project of this size, gh individual employees within the company have. Mr. Taylor continued, etating the hydraulics is a very key com- potent of the design. He pointed out that Dr. Ronald Benson, proposed to be the Deputy Project Manager, has a Master's Degree in Wastewater i~Treatment and a Doctorate with a specialty in hydraulics. Be said there is no one more qualified in South Florida to do this work. Stanley Bole of Hole, Montes & Associates, communicated the team iof Bazen and Sawyer in association with Hole, Montes & Associates has ?:libel'our features that sets them apart from their competition: 1) no one else has a mix of years of experience with conversion plants in South ~'~(!Fiorida and the years of local experience, responsibility and appre- ciation; 2) they are the only ones who know the details of the i~. ~existing plant; 3) because it is an addition/conversion, much of the will be done on the ground in Naples, resulting in less cost utt- a local firm; and 4) they are the most accessible firm to the the public and to County Staff. He also mentioned that the fees they earn are put back into the local economy. ~i!~i' aea ~o~t~ioner Saunders left the uettng at this tile ': At th~e time, the Board of County Commissioners provided their votes to Fred Bloatschar. Mr. Bloatschar tallied the votes and advised that Bazen and Sawyer in association with Hole, Montes /Associates ranked number one. (Tallied votes not provided to the to. the Board.) Co~d~ioner Shanaban ~oved, seconded b~ Cow-issioner H~ae and · ' ':c~rried 4/0 (Co~miaeioner Saunders out), to approve Bazen and ~awFer in usociation with Bole, Montes & Associates as the consultant for ii~.' professional engineering ee~vicee for design of the North County ~;;/...'Itsgloria/ Ila~tewater Treatment Plant ~xpanelon; Staff to negotiate a contract and return to the Board for approval. ~ ' $~ Commissioner Shanaban ~oved, seconded ~ Co~t~ioner H~e ~ '' ~ ~t~ ~i~ely, tha~ ~he foll~ing ite~ ~r the con- ~:i:..':'" $~11~! :!~ MAIN FOR PLANTATION ACCIPTED WITH ~TIPULATIONS December 3, 1991 The Florida Department of Environmental Regulation furnishes a letter authorizing the sewer system to be placed tn service. The Sewer Facilities Lease will terminate pending the approval of the Environmental Audit and wl~l be approved to activate the sewer to the newly constructed sewer force main along Radio Road. ***NOTE: DOCUM~NTS NOT RECEIVED IN CLERK TO BOARD OR BOOK 0¥FICE~EOF [TUNE 16, 1992'*** Ita#16&2 C~AINM&N OF BOAI~D OF COUNT~ COMMISSIONERS AUTHORIZED TO SI~ ~ CO~~IO~ CO~, ~0~ ~ ~29-V141-005 ~R ~SSION TO ~ U.S. D~~ OF HOUSING ~ ~ D~O~ ~R EI~ (8) ~DITI~ ~ ~R ~ 5E~ION 8 HOUSIN~ ASSIST~ ~~ See Pages Ite~ #16A3 mOLU'T=O~ 02-704 APPROVING LIEN RESOLUTION rOR COMP~,XA.NC~ sE~v~zs C.ASE Ja:). 0't-0O-!10$S, OWNER 01' RECORD...-- .FRAXX S.. MOORE ). ~JI~KMHNT A~RE~NT FOR THE PURCHASE OF RIgHT-OF-WAY FOR THE ~ADIO ROAD i::!.,!: FOm~-LAWlW~ FRO,~CT -'Ite~ ?:~, :.: ~ ~ ~OVIDING ~INO ~R FIN~ PA~ ON ~W WA~ :??:~.~.'~ ~ STATION IN ~ ~0~ OF ~64,630 ....... ~t~ ~I~D3~ ~X~.OP 8~3,500 ~R ~DIFICATIO~ TO ~ILI~ BILLING Ite~#16G! FINAL OONSULTANT I~ANKING FOR THE GORDON RIVER ~X~NSIONBASIN EN~INE~RIN~/EN~"/RONMENTAL REPORT, RFP #91-~763, AND AUTHORIZATION FOR ''~ATE~ MANAGEMENT DIRECTOR TO NEGOTIATE A CONTRACT WIT~ THE TOP RANKED FIRM Pa~ 40 ~I~CYC~I~I~ &'EDUCATION AND NASTE TIRE ~U~RTERLY GRANT REPORTS i'-~.:' EXECUTION OF EASEMENT AG~ FOR THE ACQUISITION OF AN LYIN~ RITHIN PARCNL ~03 ~R ~ N~KS ~ODU~ION P~ ~CIP~ S~~ T~ ~ B~FIT ~IT (SP~CI~ ~SES~ ~ION OF STARRY DEED C0~IN~ I~ST IN N~LKS ~ODUCTION P~ ~, P~C~ ~ 8~2, AC~UI~D VIA ~NATION ~ D~D NO See Pages ~7 -- Item ,16H3 S~P'~.,I~F~A.T,, AG'REB3tfB3~ NO, 1 TO THE CORSOLTING LANDSCAPE ARCHITECT · ERVICE~ ~ NITH MCGEE & ASSOCIATES, INC. TO PROVIDE FINAL DESIGN ~ERVZCHS FOR PHASE ONE OF THE IMMOKALKE M~DIAN BEAUTIFICATION See Pages -- Item ,1611 ~SOLUTION 91-795 ESTABLISHING INITIAL TERMS OF OFFICE FOR MEMBERS OF ~TH~ E~F~l%~O]~gNTAL ADVISORY BOARD -. See Page [~ RESOI:UTION 91-796 CONFIRMING APPOINTING OF DAVID E. BORDEN TO COLLIER .> COUNT~ HOUSING AUTHORITY See Page OF CORR~CTION TO THE TAX ROLLS AS PRESENTED BY TH~ ('~+ FROPERTFAFPIUtISER'S OFFICE ~0. 67/80 1991 TAX ROLL pete 11/14-25/91 1991 TANGIBLE PERSONAL PROPERTY 11/21/91 - 11/25/9~ Page 41 December 3, 1991 The following miscellaneous correspondence was filed and/or ~..'~*referred to the various departments as IDdicated below: Copy of letter dated November 6, 1991 from John A. Yonkosky, CPA, County Finance Director, to Mrs. Phyllis M. Jones, CPA with Coopers & Lybrand, re Solid Waste Franchise Audit. Co~ies to Budget and filed. 2e Memorandum dated 11/6/91 to All Interested Local Economic Development Organizations and Local Governmental Entities from Mary Helen Blakeel,e, Chief, Bureau of Business Assistance, Florida Dept. of Commerce, re 1992 Eunice Sullivan Economic Development Internship Program. Copies to Netl Dotrill, BOO and filed. 3e Notice of Receipt of Application to Collier County Commission dated 11/18/91 from Arthur B. Lyall, Engineer, Permitting & Compliance, Florida Dept. of Environmental Regulation, re Collier County - AP, Humane Society Pathological Incinerator. Copies to Nell Dotrill, Gens Staudenmaier and filed. 4e Letter to Chairman of BCC dated 11/20/91 from 3on M. Iglehart, Environmental Specialist, Florida Dept. of Environmental Regulation, re Collier County - WRR, File No. 11204879. Copies to Harry Hub,r, Frank Brutt and filed. Letter to Patricia Anne Goodnight, Chairperson, dated 11/12/91 from Robert B. Williams, Secretary, State of Florida Dept. of Health and Rehabtlttative Services, re county grant in the amount of $57,6S2.56. Copies to Netl Dotrill, Jay Reardon and filed. 6e Copy of Notice to Proceed to Brett D. Moore, P.E., Vice-President of Humlston and Moore Engineers, dated 11/15/91 from Tony D. McNeal, Engineer, ~reau of Coastal Engineering and Regulation, Florida Dept. of Natural Resources, re Modification Permit Number: A CO-294 M1, Permittee Name: Westinghouse Communities of Naples, Inc. Copies to Netl Dorrtll, Bill Lorenz and filed. Copy of Memorandum from Annette D. Phi/lips, Director, Office of Management and Budget, Florida Dept. of Transportation, dated 11/12/91 to Governor's Office of Planning and Budgeting re Notification of Proposed Budget Amendments/Work Program Amendments to the FY 91/92-95/96 Adopted Work Program - 92-1040, 92-1041, 92-1042, 92-1043, 92-3008, 92-3009, 92-4038, 92-4041, 92-5019, 92-5020, 92-5021, 92-6009. Copies to Neil Dotrill, George Archibald and filed. 8e Letter from James L. Jones, Fire Chief, North Naples Fire Control & Rescue District, dated 11/6/91 re request for sche- dule of impact fees & inspection fees for FY ended 9/91. Copies to John Yonkosk¥, Budget and filed. Letter from Donald R. Peter.on, Fire Chief, Golden Gate Fire Control & Rescue DistrAct, dated 11/13/91 re impact fees for FY ended 9/91. Minutes Received and Filed: A. Parks and Recreation Advisory Board Agenda for 11/27/91 and Minutes of Regular Meeting of 10/23/91. B. Parks and Recreation Advisory Board Agenda for 10/23/91 and Minutes of Regular Meeting of 9/25/91. Page 42 .: 12. 13. December 3, 1991 Notice to Owner dated 11/20/91, to BCC from Fort Myers Lumber & Supply Co., under an order given by Cornerstone General Contractor, Inc., for trusses, 2~ber, doors and/or various building materials for North Napl~,s Community Center, Immokalee Road. Copies to Steve Jamell John Yonkosky and flied. Notice to Owner dated 11/21/91, to BCC from Fort Myers Lumber & Supply Co., under an order given by Cornerstone General Contractor, Inc., for trusses, lumber, doors and/or various building materials for East Naples Community Park, Thomasson Drive. Copies to Steve Camell, John Yonkosk¥ and filed. Copy of Petition of United Telephone Company of FlOrida to Public Service Commission re application for a rate increase, Docket No. 910980-TL, flied 11/15/91. Copies to Ke~% Cu¥1er, Nell Dorrlll and flied. 14. Letter to CommissIoner Max A. Hasse from Michael G. Hole, Vice President of Smith Barney Harris Upham & Co., Inc. dated 11/13/91 re Collier County Water-Sewer District, Water and Sewer Revenue Bonds, Series 1991, and acccmpany Post-Financing Report. 15. Public Meeting Notice from South Florida Water Management District re Everglades Surface Water Improvement and Management (Swim) Plan. 16. Letter to Hon. Anne Goodnight dated 11/20/91 from Robert L. Patton, Controller, Collier County Tax 0ollector's Office, re distribution of Current Ad Valorem Tax to Board of County Commissioners with attached distribution recap. ',,~FISC~L~ 1990/91 CONFISCATED TRUST F~..RD CARRY-FORWARD AS RESEN~S - ,106 DR OX FUNDS FROM YHE CONFISCATED TRUST FUND TO There being no further business for the Good of the County, the ,meeting was adjourned by Order of the Chair - Time: 6:45 P.M. BOARD OF COUN~ BOARD OF ZONIN6 APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIA~ DISTRICTS UNDER ITS CONTROL PATRICIA ANNE GOODNIG~T, CHAIRMAN '-approved by the Board on _ ~~*'..,,~,,,'~./.,~',,~,2..-.--~ · *~ or ~ ~c~d 000,, , 53'