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BCC Minutes 09/17/1991 R Naples, Florida, September 17, 1991 LET IT BE REMEMBERED, that the Board of County (:ommtsstoners in and for the County of Collier, and also acting as the Board of Zoning Appeals and as the governinQ board(s) of such special. districts a~ hav~ been created according to law and having conducted business herein, met on this date at 9:00 A.M. in REGULAR SZS~;ION in Building "F" of the Government Complex, East Naples, Florida, with the foil[owing members present: CHAIRMAN: PatricJ.a Anne Goodnight VICE-CHAIRMAN: Michael. J. Volpe Richard S. Shanahan Max A. Hassle, 3r. Burr L. Saunders ALSO PRESENT: John Yonkosky, Finance Director; Wanda ArriGht, Debb¥ Farris, and Annette Guevin, Deputy Clerks; Nel]. Dotrill, County Mann,get; Tom Olliff, Assistant to the County Manager; Ken Cuyler, County Attorney; George Archibald, Transportation Sem'vices Administrator; Frank Brutt, Community Development Services Administrator; William Lorenz, Environmental Services Administrator; Bry~tn Milk, Pla~ner; Sue Filson, Administrative Assi~tant to the Boal.d; and Deputy Byron Tomlinson, Sheriff's Office. ooo.o . o! Paoe 1 September 17, 1991 Ttell #3 AG~FDA AND CONSENT AG]~NDA - APPROVED WITH CHANGES Compiletoner Hasre! moved, seconded by Couldstoner Shanahan m~LCS carrim4 unmntmou11y, that the agenda and consent agenda be approvm¢i with the following ch~mges: Item #7B1 - PU-91-3 (Continued from g/10 meeting). Mark Lamoureux representing Florida Cellular RSA, LTD. PAR., requesting a provisional Use "B" of Section 8.10 (EssentJEll Services) of the E-Estates Zoning District to allow a com-. muntcatton tower for property located 8.5 miles east of I-.75, Approximately 660 feet South of the Big Corkscrew Island Fire Control and Rescue District Fire House No. 2. - Added. 2 0 Item #SA - Valerie Boyd Regarding CREW Trust. - Requested to be heard at 10:00 A.M. :3. Item #9G1 - Receive direction from the Board for developing environmental lands acquisition programs. - To be heard imme- diately following Item 8A. (Requested by Commissioner Goodnight). ,i. Item #9A1 - Audubon Phase 2 - Limited Clearing Preliminary Work Authorization. - Deleted. (Requested b]~ Staff). Item #9A4 - Recommendation that the Collier County Board of County Commissioners uphold the interpretation that commer- cial fezone requests within the future activity center are inconsistent with the Growth Management Plan (GMP-2§-I) . - Deleted. (Requested by Staff). Item #9D2 - Recommendation to approve and ex~cute the Notice of Promise to Pay and agreement to extend payment of Sewer Impact Fees. - Added. (Requested by Staff). Item #9H2 - Approval of the Tourist Development Fund Budg,et and Grant Request. - Requested to be heard ai: 2:00 P.M. Item #11D1 - To approve the selection of Financial Guaranty Insurance Company as the bond insurer for the proposed $31,000,000 Water-Sewer District 1991 Bond. -. Added. (Requested by the Clerk of Courts). Item #12B - Discussion regarding Value Adjustment Board. .- Added. (Requested by the Board of County Conmissioners) . 10. Item #13B - Discussion regarding constitutional budgets. -- Requested to be heard at 11:00 A.M. Item #16H1 Moved to 9H3 - Recommendation to award a contract for Bid No. 91-1757, Marco Island Median Maintenance, to ':he low bidder, R B. Lawn Services, Inc., in an estimated annual amount of $282,490.04. (Requested by Commissioner Hasse) . Item #16H2 Mo,;ed to 9H4 - Recommend that the Board of Coun'ty Commissioners approve the staff selection of four engineering and four architectural firms for annual professional serv~lces agreements. (Requested by Commissioner Hasse). 1 [-;. Item #16H4 Moved to 9H5 - Recommendation to award a contract for Bid No. .91-1756, Golden Gate Parkway Median Maintenance, to the low bidder, R B Lawn Services, Inc., In an estimated Page 2 September 17, lggl annual amount of $46,718.16. (Requested by Commissioner Hal, so). Item CO~S~ENT AG~gDA - API~tOVED AND/OR ADOPTED The motion for approval of the Consent Agenda is noted under Item #16. Item #3B OL~K£' S R~PORT - APPROVED The motions for approval of the Clerk's Report are noted under Ite~u3 #11A1, #11A2, #11A3, and #11D1. Item ,4 MI~S OF TH~ R~UI.IR MEETING OF ~LY 30, 1991 ~ '~ JOI~ CITF/CO~ ~HOP.OF ~Y ~ 1991 - ~PRO~D AS ~P~SII~ED Coatestoner S~~ ~ved, seconded by c~rled ~t~usly, that the minutes of the re~lar mee~tn~ of July 30, 1991 ~ the Jotn~ Clty/Co~y Workshop of July 31, 1991 be a~]~ed ~ presentoil. Ite~t ~SA ~~K S~IOE AWM~ - Commissioner Shanahan presented a service award t:o the following Collier County employee: Fabian Gutierrez, Road & Bridge-District 1 - 5 ye.ars Item .~7B1 PETITION PU-Sl-3, ~RI LAMOUREUX REPRESENTING FLORIDA. CELLULAR RS/., LTD. PAR., R~QUESTING A PROVISIONAL USE "b" OF SECTION 8.10 (ESSENTIAL .SKRVIi:ES) OF THE E-ESTATES ZONING DISTRICT TO ALLOW A CO~WUNICATION TOWER FOR PROPERTY LOCATED 8.5 MILES EAST OF 1-75, APPROXIMATELY 660 [~EET SOUTH OF TH~ BIG CORKSCREW ISLAND FIRE CONTROL AND RESCUE DISTRICT FIRE HOUSE NO. 2 - PROVISIONAL USE REQUIRED, HEARINGS TO BE ~3CHEDULED ASAP Planner Milk requested clarification of the motion made by the Board on SepTember 9, 1991, regarding the Tower Ordinance and questioned specifically if communication towers are going to be fillowed as p{~rmttted uses or provisional uses on already approved essential services property. In response to Commissioner Hasse, Mr. Milk advised that a fire ~tation is a provisio~nal use on approved essential searvice property. Page 3 September 17, 1991 Commissioner Volpe stated that his intent for the Tower Ordinance is to allow communication towers as a provisional use on already approved essential services property. Commissioner Hasse questioned if the height 1tm:[tation was noted, to which Mr. Milk indicated that it was not except that any tower e. pDltcation over 200 feet needs to be processed through Mosquito Cor,trol. Commissioner Saunders suggested that if a provis.ional use is nee.d~.-d for the specific site in question, the process be expedited. i~ruce Anderson representing Gellular One Informed that he pre-- viously received an opinion from the County Attorney's Office which indicated that an additional provisional use would not be required to erect the communication tower proposed on the BIg Corkscrew Island Fire Control and Rescue District. He noted the leas-~ agreement pro.posed with the BiG· Corkscrew Fire District was pr..~dtcated on the fact that the petitioner would not have to obtain a provisional use. He explained that due to the strong suggestion from 'the Commissioners, the petitioner agreed to pay a premium price for locating the tower on the Fire Di.~trtct's property versus the original sit,., with the opl[nton thai: he would not have to go through the provisional use process again, and thought the tower could be constructed as an accessory use to l~ use already allowed. MI'. Anderson read from a transcript of the hea]'tng on :September 9, 1991 for verification of why he felt the l:ower wou:id be a permitted '~se on the Big Corkscrew Fire D.~.st~tct site. Gomx~isstoner Volpe reiterated that he did not intend to allow com-- mun:~catlon towers on approved essential services property without pro- ces.,~tng a provisional use peYmlt. Gommtssioner Shanahan commented that he felt that; the intent of the Board was to encourage a lease negotiation betwe~:n the Big Cor}:screw Fire District and Cellular One, and allow the communica'tion tow~r to be constructed on this property as an essential service. County Att;)rney C'~yler Sl;~eclfied that at the September 9, 1991, meeting he did Interpret the intent of the Board to allow corn- Page 4 September 17', 1991 muntcatton towers as a permitted use on a previously approved essen- ttal use property; however, he noted that it was indicated that towers would be allowed on essential use property but the words, "permitted us~", were not clarified. Mr. Guylet suggested one option to sol. re th~ guestion of the Intent is to submit the Tower Ordinance to the Se,~retary of State with the provision that a communication tower allowed as a permitted use on a previously approved essential services property; and then propose an amendment to the ordinance. C~imsioner S~un~rs ~oved, seconded by Co~lsistoner Vol~, t~, intent of the Board of Co~ty Co~tsstoners is i:o r~tre a provt- st~ml s, the ~ttttoner for ~-91-3 ~ ~rsttted to s~dtttously tr~fer his ~ppltc~tton fro~ his original site to the Big Cor~cr~ 1t~ $t~tton sit~, tad Staff ~ ttrected to adverttl~e tnedl~tely ~d con~rently for · ~bltc besting before the Pl=tng Co.lesion ~d thte ~d of Gouty 0outmstonerm at the earliest ~sstble tie. County Attorney Cuy/er clarified that although the proposed :site at the Big Corkscrew Flre Station meets the permitted use criteria, the property ~s located in the E-Estates which does not allow a tower as ~ pe~mitted use. Mr. Anderson questioned whether the petitioner would need to con- tact the property owners tn the area of the newly proposed tower site at the Big Corkscrew F~re Station? Commissioner Saunders questloned if there ls another tower in the proposed area which could be used and elim~nate thfs site? Mr. Anderson responded that there is not. C~t~toner Sac%dare ~nded his motion ~d Commissioner Vol',~ ~m~ his second, to Include a finding that there is no other ,site a~tlabl~ to locate the tour which constitutes the need for the ;pro- posed slt~, therefor,e, re~vlng the re~lre~nt of notification. In response to Commissioner Hasse, Mr. Frank Heaton of Cellular One stated that at this time there is no tower in proximity to the Big Corkscrew Fire Station site which is capable of supporting their intended antenna load by which to establish a communication network separate from lease line telephone company connections. Page September 17, 1991 Mr. Anderson asked if the Big Corkscrew Fire Station site is an amendment of today's application. Commissioner Saunders replied that th.~s is corrected, and the application paperwork should be completed imm~ediately transferring it from one site to the other site. Upo~ call for the q~estion, the ~tion carried ~i~ly. Commissioner Saunders questioned if his motion covered the con- ~inuation of PU-91-3 to which County Attorney Cuyler responded that it does. lt~,m C~IV~ ~IT 91-3, ~ PETITION C-91-3, C~TON CJ,S~ OF KIW~IS CL~ OF N~S, ~STINO A PETIT TO CO~UCT A CIRCUS ON ~TOBER 31, Z9Z~Z, ~ ~ER Z, 1991, AT ~ ~ORIDA SPORTS P~ 0N STATE 95] - ~~D Community Development Services Administrator Brutt advised that the. subject petition is proposed from Carlton Case cf Kiwanis Club of Naples, and is requesting that the Board of County Commi:ssioners ape.rove a permit to conduct a circus on October 31 and November 1991, at the Florida Sports Park on S.R. 951. He ncted that the peti- tioner has met all the requirements of the circus permit procedures other than those provided for within their request for waiver of the Surety Bond. He advised that this function has been held annually since 1981. He recommended that the Board of County Commissioners approve the requested permit, subject to the requested waiver of the Surety Bond. Commissioner Hasse directed that the Health Department review the site to provide for adequate restroom facilities. Co~el~oner Hasam moved, seconded by Couission,~r Shanahen c~:~iad 4/1 (Oo~ieeloner Goodnight not present), to approve the pe~t &llo~ing the Kiwanis Club of Naples to conduc'~ a circus on Oct~)ber 31 ~d November 1, 1991, ~nd waive the requi~:e~ent of the Su~ Bo~, thereby approving Carnival Permit 91-3. Page 6 September 17, 1991 R~$OLUTI0)I NO. 91-642, I~I'VlSlN0 2 SCHEDULE OF PETIT ~D INSPECT:ION ADOPTED ~TH AMENDED I"EE CHANGES Community Development Services Administrator Brut': explained that this is a recommendation that the Board of Gounty Comlatsstoners adopt a resolution establishing a revised schedule of permil: and inspect~[on fees. He noted that the Executive Summary incorporat~s the infor- mation reque:~ted by the Board. He provided an ana]ys:[s of the number a~nd amount of fees requested by the County in order to iljustrate that !~0~ of the structural fee permit required is not a gr~at amount of money. He pointed out that the fee is based on the structural part of the building and does 'not include the electrical, mechanical or plumbing. He advised that concern has been expressed for permits over $100,000 whl,:h would require a fee payment of $35,000~ therefore, is recommended that the fee requirement be set at a m~xlmum of $10,000 for the appl~[cation. He noted that there are few pernit applications requested wh~[ch would be over $10,000, and added that the objective. is for the County to be paid for the work being performeel. Mr. Brutt recommended that the Board approve the proposed resolu- te[on and that an amendment to it be provided for approval setting the minimum fee requirement at $10,000. He advised that the County Attorney's Office has :~uggested that a specific refer~nce be made to Ordinance 91-56 regarding permits being approved by the County and not picked up by the applicant which is found on the first pa!~e of the Schedule of Building P~rmit and Inspection Fees, attached to the pro- posed resolution (corr~ction noted on the hand-out provided to the Board and for the Reco]'d). Commissioner Saund~rs stated that he understands the need for the proposed resolution and[ questioned what the County's past experience has been regarding permits being applied for and not ])aid for? Mr. Brutt responded that o~'er 700 applications have been ]~rocessed from 1988 to present and not paid for and if there had been a fee of onl%! $50 there would have been a loss to the County of ove~ $3f:,000 in Page 7 September 17, 19!91 revenue. Commissioner Saunders suggested that the maximum fee requirement b~ set at $5,000 instead of :~10,000 because of the p. Dtenttal dif- ficulties the builders may find in obtaining a $10,000 draw. Mr. Ken Relley, President of Olde Florida Homes, Inc., suggested that if the intent of the proposed resolution is to ]'etmburse staff for their time in processing permits, then the fee s]Loul.J be set ~t $50 per unit. He ar~aed that of the 750 permits not paid for, the majority were probably $[00 c,r less; therefore, it appeases that the small builder Is bein!~ penalized by the County for a sma.11 loss of revenue over the past years. He advised that he is r~ot .in opposi~:ion to a fee, however, finds 50% of the permit applicattcn exorbitant. He agreed with the comment by Commissioner Hasse, that a 10~ fee would be more reasonable. Mr. Brutt pointed out that the County is holding the 50% fee until the permit is completely processed which is approximatel%~ 30 days, Commissioner Saunder~ commented that the ratio betwe~n the permit fees that were paid over the last year and the ones that were not paid imply that the County is trying to correct a problem '~hi¢:h is not that serious. He related that 'the fees should be more realistic. M~. Don Barber, representing the County's fifteen Industry and Citizens Development Services Stee~ing Committee, advised that origi- nally when the recommendation for an upfront permit fee ~ras presented to the Steering Committee in July, 1991, it was wholeheartedly accepted. He informed that this proposal was unanimousl~' approved by the CBIA and advertised in their monthly bulletin with no opposition received. Although the Steering Committee agrees with pa~ying an upfront fee, he indicated, that it should not be punit~v~ in natuYe. ~e recommended that the Board consider the schedule w?.ict, staff origi- nally prepared ~nd pre~ented to the Board of County Cc.mmJ. sstoners in July, 1991, which was ~¢ a square foot for the review fee. up to 10,000 feet and ~.5¢ a square foot for anything over 10,000 feet. He re].ated that he would l~ke to ~dd the cap of $5,000. He pointed out that by Page 8 September 17, 1991 us:[ng this calculation the developer could submit the application with th~ check for the fee. In response to Co,~tsstoner Shanahah, Mr. Brutt agreed with Mr. Baz'ber's recommendation. Ms. Linda Lawson, l'epresentlng Collier Building Industry As~,octatlon, stated that she concurred with Mr. Barber'~ statements. Commissiom~r Shans2~n moved, seconded by Conlssione~r Saunder:l and ca~ri~ un~ni~u~l¥, re, approve a resolution supporting & persit fee of 5~ · I~lare foot up to lO,000 feat and 2.5¢ · ~qua:~e foot for i~nythfng ~lr ~0,000 feet with a cap of $5,000, therein/ adopting ~eolntto~ ~o. 91-~42. Mr. Retley questioned if the square footage to be considered for the fee is under air? Mr. Brutt responded that there is no speciffic indication thai: it is to be under air and presumed it to be under roof. Gommissioner Shanahen agreed with the fee for the building permit to be considered on the square footage under roof. Page 9 September 17, 1991 Ms. Valerie Boyd informed that the purpose for this requested public petition is to assure that the mission of the CREW is continued and to ]recognize the potential water supply value to {:oilier County from th{.· CREW. She noted that the CREW project will be two years old at the end of September, 1991, and has acquired over ]4,000 acres of land in Lee and Collie~ Counties which when added to lhe existing 10,000 acres signifies that the CREW encumbers a~.prox]mately 25,O00 acres. She Indicated ~hat it is time for Collier Cour. ty to show Good faith in their contribution. She cited that Commissic.ner Judah from Lee County w~11 share the mechanism which Lee County used to achieve their Goal contribution of $~O,O00,000 to CREW. She provided to the Board a letter from Eric Drapper of the Nature Conservancy which discusses the possibility of a land acquisition referendum. She advised that Mr. Drapper is planning a survey in Collier County at the end of ~:eptember, 1991, to Gei a feel for how successful a County land acquisition refferendum would be. Mike Slayton, Administrator of the Big Cypress Basin, referred to a display map show~n~ a satellite photograph of Collie:r County and indicated the location of the CREW land. He note.~ thau the package provided to the Board (not provided for the record) ouulines the tetal dollar w~lue of the acq'uisition~. He advised that the use of not for profi~ o:rgantzations and trust:~ for public lands .are r~lled upon to e;~pedite sale~ in Lee and Collier Counties. He informed that in using Lee Gounty's 2/10ths of a mill plan at the 1991 tax base, Collier County could Generate approxim;~tely $1] mill/on over a four year p~riod. He pointed out that the impact to Collie:c County if the CREW land were to be eltmina'~ed from their tax roll would b~, $1,188,000 in assessed values and an ad valorem revenue of $53,000. Lee f:o~nty Commissioner Judah express~d his s:[ncere appreciation to Collier County for participating and working together with Lee il 4S Page 10 September 170 199:[ County ~'ad other State regulatory agencies to help protect the raw water su]?pltes with regards to the CREW project. He ,.,xplatned thai: Lee Coun'ty allocated 2/1Oths of a mill for three year:~ starting with FY 89-90 as matching dollars for the CREW program. H,.· informed that the 2/101:h mill in FY 89-90 generated approximately $'2.7 million and it is sol:treated that the amount will increase to $3.5 million in FY 90-91. [[e advised that in future years the Lee Countlf Commission has agreed to, set aside no less than $2 million for environmentally sen- sitire lind acquisitions which will keep their Comprehensive Plan con- illstent ~tth the State Growth Management Act. He notl:d that Lee (:ount¥ has worked out an agreement with the South Flo]'ida Water Management District to sell them land purchased by Let: County which will allow the County to continue to use additional dollars through the Save Our Rlver's Fund to maintain the County'~ land acquisitions. He reporti:d that Lee County has presently acquired ow:r 4,000 acres. He disclolled that Lee County has been aggressive in the acquisition of the environmentally sensitive lands and in informing the citizens of the County of these acquisition for the benefit o~.~ th(: community. He asserted that no one in Lee County has opposed the alllocation of the 2/lOthe mill towards t'he acquisition of the environmentally sensitive 1 ands. Ms. Boyd concluded that the CREW Trust is request~;ng that the Board support the groups working with them and to work with the Nature Conservanc¥ and assist them in doing their poll oi: Co~',11er County to find out t',.~e feelings of the citizens regarding a land acquisition referendum which would be scheduled for March, 1992. Commts~loner Shanahan agreed that the land preser~ation in Collier County is ~:ssential and the citizens of the County should have the o]pportunit:{ to make their decision on this issue. He related, however, that March, 1992, may not be the best time to propose such a referendum .. In resI~onse to the offer made by Ms. Boyd, Commis~ioner Saunders concur'red that it would beneficial to have Mr. Drappe:' of the Nature Page 1 1 September 17, 1991 Conservanc¥ present to the Board a proposal on the referendum named. He comment,-~d that although March, 1992, may not be a good time to pro- pose this referendum to the community, if it is decided to proceed with it thsn the sites to be acquired need to be. identified to the voters. He added thai: the decisions of whether to have a regular referendum ballot quef~tton or a write-in ballot question, how the ballots will be paid for, and who will be in control of providing the Information to the voters need to be evaluated. He asserted that if the identification of sites and the decisions can be made within the next 45 ds~ys, he could supporl a referendum for March, 1992. Co~il~stoner Volpe stated that he is supportive of this act/on, but pointed out that the Board of County Commissioners has not adopted a land acquisition program and, therefore, does not know what the County's !foals are in this area. He suggested that there should be an overall p~ogram to provide direction. Mr. John Keschl, a concerned citizen of the County, agreed that the citizens should be informed as to what land will be acquired and for how long this typt~ of acquisition will continue. He. suggested that all land o~ers ~ithin a 20 mile radius of the Corkscrew Sanctuary be notified of all planned acquisitions whether they are now or in the. future. Mr. J. Dudley Goodlette stated that he strongly supp, orts the CREW Trust land acquisition includtn~ the proposed 2/10ths of a mill, sub- Ject to a referendum. He commented that this project is not only a ~ality of life issue but also poses the opportunity to encourage the location of the 10th State University in ~he south Le,~ County area. He recommended that the Board move forward on this project. Co~issioner Saunders suggested that before any d,~ctsion Is made on this item that Mr. Lorenz present Item $9G1 regard.[n9 developin~ an environmental lands acquisition progran. Xt~ ~ ~IRO~~ ~ AcquIsITION PROB~ PROPOSED, - ST~ DI~C~D TO D~ Environmental Services Administrator Lorenz advts~:d that the pro- posed item is the umbrella program for a total environmental land.,~ II OOOP~'~c- 50 Page 1_?. September 17, 1991 quisition program. He stated that staff is requesting direction from the Board In the development of it. He Informed that staff is currently working on two strategies as discussed at the Strategic Planning Workshop. He noted that this is an umbrella pFogram pro- viding f~Andtng source for land acquisition for a variety of environ- mentally sensitive lands. He explained that other Counties that have passed this type of program have raised 1/4 of a mill and bonded it to acquil?e the lands. He noted that the program objectives are listed In the Executive Summary. He related that criteria standards need to be estabi[tshed with which to consider the acquisition of a parcel of land. He informed that one of the program components that staff will be reviewing to bring before the Board before a final decision is made for a ballot question will be the design of the total program. He stated that the Implementation strategy for this pro]ram ~s designed to have a referendum in March, 1992. He advised that the design of the program is planned to be brought befo]'e the Boar.t in November, 1991, for a decision. Mr. Glenn Simpson, Chairman of the EPTAB Committee, informed that the Committee has made progress in identifying the n:~eds and benefits to the ccmmuntty in acquiring a parcel of land. He ~tated that the EPTAB Co~mlttee recommends that the Board directs staff to proceed with a development program. Mr. David Addison, a member of the EPTAB Committee and an alternate to the CREW Trust Board, advised that the Committee is working toward the goals and objectives required to bring this program to a referendum in March, 1992. Mr. Bill Branan, of the Conservancy, expressed h:[s support of this program. Mr. Fred Tarrant, representing himself, indicated that this is an item of Gollter County's "wish list". He implied that this program is not for rise good of the taxpayer at this particular ':ime of financial turmoil in Collier County and recommended that proceeding on this matter should be done so in a slow and careful manheim. ooo 51 Page 13 September 17, 1991 Con~tssioner Sa~.nders concurred with Mr. Tarrant that the County should not proceed hastily; however, he pointed out that the CREW Trust hats been discussed for the past two years and is not a new pro- ~ect. fie added that this program is being planned 'to protect the ground ~ater supplies in Collier County for future generations as well as for the present citizens, and the voters of the County will have the opportunity to approve or deny the funding source ~o acquire the l~ds for this purpose. C~ttllloner Sagatiers ~v~, seconded ~ ~o~ts~ttoner Sh~ ~d c~ri~ ~i~sly, to direct Comfy staff to procured with the deve- lo~nt of the pr~ ~d ~rk with South Florida ~later District:, ~ la~e Conse~, l~, ~d ~y other adviso~ l~ards tnvol~[ in this ~b.Ject toward this develop~nt; to proceed ~tt]t the golll of ~vtng a ~r~:h, 1991, referend~ ~estion, ~ad to re~rt hack to the t~d within ~he next 90 ~ys at .htch t:iae the ~ard dectds ~et~r · ref~rend~ ~estton ~tl1 ~ placed on a ballot ~:ch of: 1992. ,.ss R~cessed: 11:15 A.N. - Reconvened: 11:25 A.N. at ~htch its ~ty Clerk Farrts replaced Deputy Clerk trrlght ~01[$TIETIOI~ O~I~ER'S BU~ET - DISOUS$ION O~Y - NO ICTION ~I~D Commissioner Goodnight stated that the Constitutional Officers are desirous of discussing the letter received by County Manager Dotrill through the f;oard of County Commissioners concerning their budgets. Mary Morgan, Supervisor of Elections, stated th.~ maximum amount which can be removed from her budget is $6,203.34. :She explained that the run off primary is currently scheduled by law on September 29th, which is a major holiday for a particular reli~ltous grcup. She added that the last time ~hts occurred they, in legi~latiw~ session, post- ported it until Thursday of that week. She p]:edtcted that should this again be done, it will put the election ~n October ll~t and will shift the poll worker cost of this election. She explained that should this Page 14 September 17, 1991 scenario become reality, she will not spend the money earmarked for that election as it will be rolled over to the next year. In ~response to Commissioner Shanahan, Ms. Morgan verified the savings will be sufficient to make up the $50,000 the Board of County Commissioners is looking to cut from this year's budget. Co~issioner Saunders reflected that when the Board of County Commissioners moved to direct ~taff and the Constitutional Officers to investigate the possibility of having a 0% increase in 'the rollback millage :~ate as the goal for 1991/1992 it was with full knowledge that this woui[d'be an extremely difficult thing to a~complish. He com- mented that, although committed to reducing expenditures wherever possible. it is not the intent to Get into situations which cause unsafe conditions or ~ut back on essential programs. He expressed apprecial:ion for the cooperation of the Constitutional Officers in complyin!; with the difficult task of reducing what is already a very austere budget. Ms. Morgan stated that, In the succeeding fiscal year, her budget will see a substantial drop percentage-wise. Regarding the possibi- lity of cutting $~,203 from the budget, she pointed out that at the time she was preparin~ her bud~et she was not aware that first class postage ~ates are proposed to ~[ncrease by 1¢ by the end of the year. She added that the $6,000 reduction does not include the increase in postage and, therefore, if the postage rates do go up it will probably obliterate the proposed saving~. Co~issioner Goodnight reported receipt of letters from both the Property Appraiser and the Tax Collector indicatinG they will be out of town and, therefore, unable to attend today's meeting. $h{~riff Don Hunter confirmed he has provided a letter addressed to ChaiFman Goodnight and forwarded to the Board of County Commiss~[oners reflecting the reductions to his budget wd~ich are currently being proposed, copy not forwarded to the Clerk for inclu- sion in the record. RegardinG the 3atl construction wh~[ch has been on the agenda since 1987, he proposed deferment for one year of the two Page 15 Septemb,.~r 17, 1991 million dollars budgeted for design and architectural %cork. He asked the Board of County Commissioners to consider re~erve expen- ditures if the population goes over capacity at the Naples and Immokalee Jall Centers. He provided a packet entitled "FY 1991-92 Budget Item Justification" which includes a summary of the gun x'ange. He reported being advised in 1986 of the neces~ity to vacate the range at some point in the near future. He proposed a reduction in the overall cost and a phase in of the gun range in order to relo- cate and vacate the waste cell. He explained 'that, by reducing the amount to $100,0OO in the next fiscal year, a savings of $200,000 may be realized. Regardincj the $~6g,000 prepayment on the lease agreement for the vehicle fleet for the coming year, he proposed to amend his budget by that same amount. fie explained that his department budgeted for some anticipated interest earnings and revenues which are running higher than what was omiginal]y predicted and, therefc.re, approxima- t,-~ly $239,900 in additional savings should be realized.. He sum- marized that the aggre~2ate total of proposed cuts from the Sheriff's budget is 2.8 million dollars. In response to Commissioner Hasse, Sheriff Hunte~. reiterated that they are. budgeted tightly. He assured the Board of Gommtsstoners that opek-atlng costs for the helicopter hav~.· been budgeted. at a minimal number of hours and at minimal expense. In reply to Commi~sioner Volpe regarding the $666.,000 in poten- tial savings to the Sheriff's Office realized by defertin(.; for up to six months a pay increase for all employees, Sheriff fiunter indicated he cannot support such a propcsal for reasons which l~clude the fact that his deputies endu].'ed a t~'o week deferral of wages. in order to convert his payroll sy~tem during this fiscal year as well as the pro- posed increase in cont].'ibutions from the employees for far,~tly coverage in the h.ealth benefit~ program this year. Ftn.ance Director ;fonkosky pointed out that the a~ount calculated for the potential six month s~,vings to the Sheriff's Elfice is based on all au%ntversary dates as of lO/1 and, as the Sheriff has said, they ~age ! September 17, 1991 ifollow the same pattel. n as the Board and, therefore, this will tend to overstate the $661,000 by whlitever employees whose anniversary dates began after March 31st. He pointed out that the figures for the Board of County Commissioners only cover a twelve month wintow. He explained that, althou. gh he does not know exactly what the difference will be, it could possibly be as high as 20%. In response to Commissioner Volpe, Finance Director Yonkosky 13tated that the figures for the Supervisor of Elections does not include the poll workers. Commissioner Hasse implied that, while willing to look at any potential for saving money, he feels the worse place ':o begin is with the salaries of the employees. He pointed out the fact tlhat the county ihas not experienced unionizatlon and has not had pmoblems with I~taffo Gommlsstoner Saunders reiterated that when the b~dget was ini- tially ]2resented to the Board of County Commissioners the:re was a request for a 7.5% general pay increase and a decistoL was made to ~educe ~:hat to 5%. Colmt¥ Manager Doitrill pointed out that the current ,~ffecttve l~ate of pay increase for next year is 4%, as 1% must te budgeted and cont~ributed to Tallahassee for Florida retirement. Oommissioner Shanahan stated he feels a wage freeze should be the last res:oft to conside]'. He pointed out that the capital improvements l~re a de. lay, but certainly a responsive delay. Sheriff Hunter conmented that by increasing the benefit premium paid by the individual employee for family coverage in the health benefits plan it represents approximately an annualtzed .8% reduction ~n pay for members of }its office. He confirmed that he has not increased the number of allocated positions in his agency and, by not doing so, his office is reduced in its service levels from 44% in patrol districts to 18f~ in the new budget, which translates into ,~mployees working harder on the street and that fact, coupled with Taking wages away or fl~eezlng wages, will be very difficu[It. He Page 17 Sep':ember 17, 1991 reiterated that the 2.8 million dollars he is offering to the Board of County Commissioners for consideration is not all just deferrals; that the $369,000 targeted is from position freezes which were implemented per his agreement this last year; that the $240,000 :is interest earned on investments of the monies allocated to him; that, additionally, there is the $200,000 reduction in the range. He agreed that the two million dollars in Jail construction is a deferral. County Manager Dotrill agreed there is a need to differentiate between actual cut money as opposed to deferral monev. He went oE~ to explain 'that a six month delay on an employee annfve~rsary date pay increase will prevent the employee from getting any .increase until 1993. H~ gave the scenario of an employee hired in April with a post- ponement of a salary increase for six months, placln!; the employee into October of the following fiscal year, and raising tlhe question of whether It is then necessary to play "catch up" the following fiscal year and also give the employee their review for the 1992/93 year six months later on their anniversary date, which would ~result in two increases for that employee ~n one calendar year. He explained that an alternative is to implement this as a permanent p]~ogram. Commissioner Saunders countered that a final decision cannot be made now based on what the budget will look like tomorrow night. He reiterated that employee pay raises have been reduced for 1991/92 to a point which is less than inflation as the employee contribution to health care has been ~ncreased as well as other deductions. Fina~ce Director Yonkosky, on behalf of the Clerk, referred to a latter ad,~re~sed to the Board of County Comm~ssioner~, copy not pro- vided for ~he record, wherein one Minutes Secre'tary position along w.ith one ])art-time half position for a Courier from ]immokalee will be removed f:~om the Clerk's budget. He pointed ou': tha':, of the remaining thl'ee additional employees previously requ~sted, two were funded by the Clerk's fee area and one was funded through the Board of County Co~Emi~sioners. He stated a reduction of these three requested employees could result in a reduction of the fines and forfeitures 56 Page 18 September 17, 1991 which the. Board of County Commissioners would receive. He reported that an aggregate of $33,000 is to be cut from the Clerk's budget. Tap~ ~ George F. Keller, President of Collier County Civic Federation, reflected[ that the assessed valuation in Collier County went up 13% last year, with some waterfront property owners receiving a tremendous shock over the amount of their increase. He suggested that, overall, there ha~: been an increase in valuation due to new p~operties being placed or, the tax roll of approximately 5%. He concluded that infla- tion feeds inflation. He stated that any steps taken to reduce the budget will be appreciated. Fred[ Tarrant, on behalf of Taxpayer Action Grou]~ of Collier Gounty, ~,u~gested that the Board of County Commissioner,~ should direct County Manager Dotrill to cut 5% of the budget s~raight across the board. In response to Mr. Tarrant, County Manager Dotrill stated that Collier (:ounty has more and longer public debate ove[~' County Manager items tha~ any other public forum offered for any other government in this community. Additionally, he confirmed that She~iff's employees cannot be. unionized because they are deputtzed by th,~ Sheriff and serve at his pleasure. Joh~ Keschl stated he is a retired member of oruanized labor afte~ 44 years working in four counties of Florida. He commented that organized labor does not try to force itself on people. Commissioner Saunders remarked that any issue involving the budget is on the table for tomorrow night and staff fhould be prepared for that. X~gCl ~ OF ~M~GEN~ PROVISIONS OF ORDINANCE 89-69, L~THAL Y~LLOWING Martha Skinner, Acting Public Services Administrator, reported that Collier County is threatened on the north by Lethal Yellowing. She voice(! staff's feeling that enactment of Ordinance 8~-69 will pro- · 57 Page 19 September 17, 1991 vide a good chance at saving the 35,000 _+ trees in this county. Denise Coleman, Acting Extension Director, explained the "rifle approach~ of fightin!~ the spread of the disease whereby Just one par- ticular zone is impl~.~mented in lieu of the prevention p:rocedures being implemented county wide. She verified this allows fore:~talling the spread of! the disease with less cost to both county residents as well as county government. ~r~mant to Commissioner Hasse's inquiry whether the $7,000 is a one shot deal, Ms. Skinner stated that amoun~ is for the year, adding that a llke amount m:[ght need to be requested next year should the threat remain imminent as it usually takes a two yea. r program to insure f].eedom from ~he disease. In ],eply to Commissioner Hasse's inquiry as to the means of transmis~;ion, Ms. Co]leman stated the disease is spread by a leaf hopper. In ]~esponse to Commissioner Volpe, John Begeman, Horticultural Agent with the County's Agricultural Department, ex~lained there are 690 indl~ldual addret~ses which will receive nottf~cation of the need for inoculation. He stated there are no confirmed cases of lethal yellowinf; in Collier County a~ this time. C~li. ioner Sitetiers ~ved, seconded ~ Co~ssio:ner Hasme, to a~r~ f~taff's reco~nda~ton to t~le~nt the e~rgen~ pr~lslons of Ordtmmce 8~69. Commissioner Shanahah suggested contactln~ Lee County to pursue tntergow~rnmental agreements for preventing the spread of lethal yel lowtnll. Hr. Begeman reporked it was proposed to the County Commission In Lee Coun'~y to have a mandatory inoculation program back in 198V during the time of the original outbreak, at ~hich time they declined to tmplemen'~ such a pro~ram and currently do not have one. Co~nlssloner Shanahan suggested appealing to Lee County to do somethin!~ about mandatory inoculation. Co~nlsstoner Ha:sse suggested ~rtttn9 Lee County Commission a ooo,, , 58' ~age 20 September 17, 1991 letter 'to that affect. In response to Commissioner Volpe, Ms. Skinner advised that the County ,does not have the expertise to inoculate the trees but has ascertained it will cost approximately $2.50 to $5..30 per tree to do so. Mr. Begeman reported theYe are 46 county owned coconut palms, all located on the south side of Bonita Beach Road; tha~ the~e are no coconut palms located in the other county parks. ~m call for the ~estton, motion carried ~tmo~ly. ~SOL~CON 9~-643 A~ORIZ~NG AcquIsITION O~ IP~E~'~ RO~, ~ILI~ Transportation Services Director Archibald identified the area in question. He explained that both roadways are part of the network in the Immokalee area and serve the purpose of being able to take traffic off Lak~ Trafford Road and, thus, are service related. He stated the Resolution makes note of the authority to consider gif't, purchase, or condemna.tion in acquirtn~ the ]~roperties as well as indicating that one parcel in question may involve the relocatton of a mobile home and, accordingly, sets forth certain points to be considered by the Board of County Commissioners in making a decision. He confirmed that the roadway improvements being considered are, in fact, safety related as a result of level of service considerations. He ve~'ified there is a concern regarding the need to involve some relocatJon costs that will be considered by staff should a purchase agreement not be nego- tiated. ~t~oner $h~han moved, seconded by Co~m~s~:tc,ner Hesse and CmXTt~ 4/0 (Co~m~ssioner Saunders absent), to adopt R~solut~on 91-643, t]me~-~ autho]stztng the acquisition. Page 21 Sept,~mbe, r 17, 1991 Its ~lO& I~c&L AeRZEMENT r0a THE COOPKRATIVK EFFORT TO MA/JTER PLAN BARKFOOT BE&CH PAIqX (¢0r.nIKRI AND BONITA BEACH PARK (LEE) - CONTINUED TO 9/24/01 County Attorney Cuyler reported that both the Lee: County staff and the Collier County staff are requesting a one week continuance on 'this item. ~ssloner Shan~hmn moved, seconded by Conleo:Loner bee and ¢vried 4/0 (Commissioner Saunders absent), to conttmLe Item #10A to Septoral, Jr 24, 1991. :£ten ~91)1 C, ONTRAO~.~ FOR CON~TRUOTION OF RAW WATER MAINS AND WELL!; IN THE (tOLDKN (lATE MEIiLPIKLD (BID · 91-1768) - AWARDKD TO ROCKET INDUSTRIES, INC. IN THE AMSlINT OF $792m 191.02 Assistant Utilities Administrator Bloatschar explained this is the first phase of the expansion to the Collier County wellfield and %~tll add five new wells. He reported that the second phase Is being delayed due to property acquisitions. In reply to Commi~sioner Shanahen, Mr. Bloetscher stated the ~:ngineers recommend awarding the bid to Rocket Industries, Inc. Cogslooter Shardthan moved, seconded by 0omuiestoner Hesse and (:arr~ed 4/0 (Com~lssioner Saunders absent), to award Fltd ~ 91-1768, (:oatFact for construction of raw Mater m~ins and wellf~ in the ~olden late Wellfield, to Rocket Industries, Inc. in the ano=~t ,of $?92,101.02. ]IOTICI OIF PROMISE TO PAY AND AGRKKMKNT TO EXTKND PAYM]~T OF SKWER ZMPACT !~EE BETWEEN STA]~LKY R, FOGGr JR, AND BCC - API~'.OVKD Assistant Utilities Administrator Bloatschef sum~arized that this is an impact fee financing agreement which came up as ~he resul~ of Sulfshor~ Apartments, and is an area where ~here is a mas'~er pump sta- r/on very close to this project. He explained that, ~lthough the notices have not yet been sen~, the lines are capable of being used at this time,. In response to Commissioner Hasse, Mr. Bloetsche~, confirmed that ml 6.9 Page 22 September 17, 199! people e~:pertencing hardships in the way of problems with their septic tanks, u[,on request, are given a letter saying they .:an connect to the county system prior to the notices being sent out. Co~m~issioner Shanahah ~oved, seconded by Co-~-ts,~ioner Saunders and carried unanimously, to approve the Notice of Promise to Pay and Agreement to Extend Payment of Sewer I~pact Fee bet~en Stanley R. Fogg, Jr. and the Board of County Co~mtssioners. Page 23 Sept,)mber 17, 1991 JdI~U, LL BID ]lUMBERS 91-1730 TI~ROUGH 91-1732; 91-1734 ~[ROUGH 91-1745; !)1-1747 T~ 91-1749; ~ FI~ ~W~ BIDS ~90-15110; ~90-1583; ~O-1585; ~O-1587; ~D ~90-1588 ~R FISC~ ~ 1991/92 .- AW~ED TO Leo O.:hs, Administrative Services Administrator, explained that atll bids a:re for a one year term and are to be purchased on an "as r~eeded" ba:tis, with costs controlled by the opera*tinG bud~.~ets of each of the ind:[vtdual departments makinG purchases. He e;:pla:ined that the~,e are also five renewal contracts which will '[ike~1se be renewed for a one year term. In re~,ponse to Commissioner Saunders, Mr. Ochs confirmed that all ~:he reco~ended vendors represent the lowest bid ~htch met the re~t~ed specifications. In ~e~ponse to ~o~lssione~ Volpe,, Mr. Ochs stated that limerock a~nd o~he~ co~odlties ~elated to ~oad construction may be purchased off The annual contrac~ agreements in place o~ may be pa~[ of a specf- fic contract bid tied ~o capital p~ojects. In ~es:ponse to ~ommissione~ Shanaban, M~. Ochs ve~if~ied that four mill~[on do]la~s ~epresents the maximum amount of n~one~ which could ~.otent~ally be spent should the total allocation in each budget next yea~ be exhausted fo~ all commodities. He added, however, that is not ~ fnd~cation of how much will actually be spent fo~ these Goods and · e~vfces. 0olmlsrotoneF S~a~ ~ved, seconded by Comttootone:r Hasoe ~d c~Ft~ ~mt~ly, to appFove the mw~l~d of bids as follows: Bid d91-:730 for ~alyttcal se~l(:e8 for the Utllttte~ D~vtslon to Browmrd T*est~m~ Lmborato~; Bid ~91-1731 for chemicals fo~ the D'tVtIIt~ rteflecttng that ~l~aer ~ ~$,plted by C:Ltl-Chem Inc., ;eleVate ~pplled ~ H-F Scientific, sodt~ ~11tcoflourtde, Not~m1~ ]~~te,. ~d chlorine ~rpplied ~ ]{arcross Chemical, c~m dlo~1~ mupplted ~ Lt,~td Car~,n/c Inc., ,~1cklim. ~pplted D2~o Li~ Co., d~terlng ~l~er sup~lted by P.]~. a S. Chemical Co., e~l#tm~ ~l~r ~l~ed by Allied Colloids, with ~er .~onla Page 24 $ep~:e~l:)er l?o 1991 Cheil. ca! Company and City of Hap:].es approving the Co~tnty's piggy-back onto the Cit~y~l renwwal cont]'acl: for this fisca:t yea].' for anhydrous ~monta; Bid 91-1732 for plu~lbing supplies for 1:he U~:ll:ittes Division to B4H Sales, Sav-On Utility Supplies, Inc., Sot~thea~stern Municipal Supply, Hughes Supply, Inc., Sunstate Meter & Slopply, Inc., Ferguson Ondlrgr~md, Inc. ~nd Davis ~[eter & Supply; Bid #91-:[734 for asphalt & z~lat~d l[t~ for Road and B2'tdge Section to AJ~= Pa'~tnll Industries, · P&C-~lol:ida, Inc., Better Roads, Inc., and Harlmr B:.'os., Inc.~ Bid · 91-1~5 for b~gged ice servt. ce for Road & Brtdlle Se~:tton to ]l&pla I~.~; Bid ~91-1736 for concrete & ~etal c~lver'~ pipe for Road & Brtdg~ ~tion to Southeasts2m Municipal Supply,, Con'~ech Construction Products,. Gitor Culvert Co~p~my, Hydro Conduit ¢:orpo::at.ion, Metal Culverts,. Inc. ~nd Joelson C~llvert Co., Inc.; B:[d #9t-1737 for esarg~ncl~ electrical sel-vtcei~ for Parks & Recreation to Phelps !l~ctrtc;: Bid ~91-1T38 for portable toilet rental fo:~ P=arks Recreation to $. C. Drainfte~_d Repair; Bid ~91-:t~39 :for Tee-Shirts for Parks i liecreation to T-Shirt Express; Bid #91-X740 '~or Helicopter spraying service for Aquatic Plant control to C~)1ony Se:~vices, Inc. Bid ~91-1;T&1 for herbicides for aquatic plant control to Asgrow llorida ¢:o~p~n¥, Helena CheaIcal Company, and Vim ~a'~er~s & Rogers, with Hillram Ch~tcal Company to provide "Round-Up" ~d '"Durebmn" and · s~.ro~ Fl.ortdm Company to prepvide 2-4-D Ester; ]lid #91-:1742 for contrmc't~al Services/Traffic Stgnal,i to Mid-Continent ]~lectrtc, Inc. Bid ~1-1743 for concrete trs~ffic poles to Mtd-Contlnen'~ Electric, Inc.; Btdt ~91-1744 for traffl. c signal componentm to SplCilltltl Co. 0 Transportation Control Systems, Inc., ::rafflc Products, Inc., Traffic Eqult~ent Co., Inc. and Traf:.~tc Control Cosqponent I; Bid #91-1745 Municipal Supply & Sign Co., Rocal, Inc., Signs & Bl~mkJs, Inc., U.S. I~holmle Pipe & Tube, Untvez'sal Signs i Accessories and Vulcan Signs, ·nd Georgia Pacific; Bid ~91-.1747 for fertilizer for va]:tous depart- ~en~s to :~roducers Fertilizer Co.; Bid #91-1748 for !Iras~s seeding to ~ulfco~t Tras Moving & Hydroseeding, Inc.; Bid ~91-:1749 for solid Sel,teaber 17, 1991 W~StO daily cover/fill utertal to ten firas responding with propo- sals; · nd ~d ft~ renml contracts for ~ 91/92 for Bid ~-1550 Tot 1t~rock, fill t related lte~; ~90-15i;3 for ~tlltng of · xtsti~ ~lt ro~ts; ~O-1585 for co~ ~r; ~O-1587 for 1tntn~ ~tnt for ~11ftelds (P~); ~d ~90-1588 flor roa~l' paint. BID 91-1726 ~R INSTJ~TION OF ~VI~ S~R LI~, LIFT STATION ~ Administrative .~;ervtces Administrator Ochs reported that the firm of Stevens and I,ayton, Inc. were successful wlth a low bid of $73,369.50, resulting in the project currently being approximately $32,000 under budget. c~i~ e~t~ly, to a~r~e the ~rd of Bid 91-1726 for inetalia- tim of ~tW s~r line, lift station ~d force aatn located at I~1~ ~t~ to the rim of Styevens ~d Layton, Inc. BIN 91-1T19 ~ 91-1~10 ~R ~~]~ OF ~DICATION~ ~0 ~DICE ~I~ ~R ~ ~G~ ~DIC~ SLUICES D~P~~ AS ~LL AS ~I~ I~ ID~TIFIED - ANTED TO S~ELT ~DIC~L S~PLIES ~ ~~ A~AI~LE ~OUGH S~~ INC. Emergency Services Administrator Reardon explained that this item deal:3 with next year's operational expenses associated with phar- maceuticals, medicines and expendables utilized for 'She treatment of patients :In the field by EMS. He confirmed staff's :.'ecommendation is to award the pharmaceutical portion 1:o Sunbelt Medical Supply at an amount not to exceed $16,422, and the remainder of the total projected expenditul'e of $63,500 for supplies such as bandages and expendable type ftem..~ used in patient treatment suggested to be awarded through RFP (Reqllest for Purchase) to Sunhealth Inc. He expi[ained that the latter will allow the purchase of products through Sunhealth Inc. from two different distributors, purely based on who is si:111ng the item at the least cost. Purse:ant to Commissioner Volpe's inquiry re_clard:.ng the posstbi- Page 26 September 17, 1991 lity of purchasing with the hospital, Mr. Reard()n confirmed that Sul~health Inc. is a -~pin-off of that same concept and allows the County to get the sa~e cost on pharmaceuticals as what the hospital pays on ~ost items. 0olLtu~oner Saunders ~ed, seconded ~ Co--ten,loner Hae~e ~d c~t~ ~A~ly, to a~r~e the bid a~rds as re,:m~n~d ~ ~~(~ FA=~ITIES ~ ~LI~; ~ ~OHIBITION OF ~NGE ~KS Tom ellill, Assistan~ to the County Manage)', reported a request to use the Frank E. Mackle Park on ~wo occasions durinG' this season, once in [~ecember and once in March, fo~ an antique show and sale. He stated that this particular request also includes an admission fee to the park itself. He confirmed the event is st~].ct~y "for profit" and ~s allowed w~th~n the current policy. He added, however, that the current [,oltcy does not address the charging of an admission fee. He said that PARAB (Parks~ and Recreation Advisory Boa~d) recommends this event be allowed to occur with the stipulation ~hat no entrance fees be charged. He reiterated staff's recommendation to revise the current [,olfcy to disallow "for p=ofit" events being conducted in county pa~rks. Co~issfoner Shan.ahan =eported that in the immediate lnstance the opez. ator has offered to contribute a portion of the admission ticket to The ~[CA building fund. Co~ssioner Hasse stated he is not in favor of ]~ermitttng "for profit" c,r~antzattons to utilize the park and cha=ge an admission. ~ti~eioner S~~ ~oved~ seconded by Cc,~iss:[oner Sa~der~ .~ c~ ~t~l'y, to approve ~t.aff's recc,uendat~one to: 1) ~hor~ze, the r~tal a~eement with Colonel Larzy Stm~]~ Pro~ot~ons (A D~v~s]on of I~S, I~c.) w~th th~ etl~lat~on that ~o entr~ce fees 1~ c~d; 2} r~ise 'the Co~Ty Parks Rental Pc,licy to ell~inate the 1me of ~w~ for prtva~Ce profi% gsnerating events; ~d. 3) to prohibit imtr=e f~ to the Co~ parks. Page 27 September 17, 1991 1:00 P.N. - Reconvened: 2:00 P.M. it which Clerk ~vin replaced Deputy 01e,rk Farrim *** PROJECT ~ENDATXON8 CO~PL~ED BY TH~ TOURIST DEVELOPMenT COUNCIL TO D&T~ TENTA'IIV~LY APPROVED ~D FURTHER ACTION DELAYEl)TO A DATE CERTAIN THAT 11013T.~} ALLOW TH~ TOURIST DEVeLOPMEnT COUNC:[L TO COMPLETE IT~ ~OO~9~NDATION~ County Manager Dorrlll explained this item is a pr,:sentation and ~'ecommended approval for the fund budget associated wi'.:h the Tourist Development Tax. He said the program and plan for the Tourist Development Fund is in two areas, Funds 208 and 195. ][e indicated a r~umb,mr of options are being recommended, however, some of the cate- gorical awards have not yet be~:n completed. He noted the original ordinanc,.· creating and calling for the referendum election associated with the tax required that a plan be submitted ~,htch wJ. 1] show 'approxlm:~tely two year funding by certain categories. He said there are five categories witlain the awards. He said one category deals with cul":ural and fine arts ac-.tvittes, and $1.2 million has been requested while the County has $9?3,000 available within that portion of the tourist tax. He said the Tourist Development Council (TDC) is recomLmendinG $762,590 be award,:d, leaving a surplus in that category of $210,000. He indicated the next category deals with museums and environm~:ntal preserves with w~rious requests totaling $870,847 and $530,900 avail.able. He pointed out the: TDC has yet to rule on the Gollier County Museum's reques'.~s which will be :re-addressed at their meeting on October 4th. He suggested that Staff provide the Boal'd with a supplem,~ntal bud~et request after that m,.~eting because in r.ealtty, the u,~e of thit~ money will not be allowed until the litiga- tion matters a:re fully exhaust~.,d which may not occur until January of 1992 . CounTy Manager Dorrill cc.n':lnued with the b,.~ach and pass related mainten~u~ce ca'tegory, stat'%ng ~he total request:~ far exceed available l~nds of $3.8-million. He said the TDC has recommended appropriations of $1.?-mlllion, keeping! $2.1 million in reserves. He said with regard to the final category, promotion and adv(:rtisfng, ~he TDC does $ept~mbe. r 17, 1991 not have a final recon~endation because of a desire t~ work with all four agencies who requ.ested money to investigate forming a consortium that would ret,ult in a single, consolidated agency for that award. Commissioner Hasse asked what relatton3hip exists between the Naples Visitors Bureau and the Naples Area Chamber of Commerce? County Manager Dotrill explained the Naples Visitors [~ureau is a con- sortium of the largest hotels in the community which ,,as formed to promote the greater Naples area, but specifically to promote par- ticular hotel activity. Commissioner Volpe asked for a sumlaary of the amount of money anticipated to be available in the curment fiscal yea]~. Assistant County Manager McLemor~ indicated revenues, including interest, are pro3ected to be approximately $9.1-mlllion. Commissioner Shanahah recalled money is already pledged to various passe~, however, a considerable sum of money is being com£1itted through 'these funds. He said Marco Island beach projects, which constitute a ma3or con,~ributlon to the overall fund, have asked for a considerable sum and gotten very little. County Manager Dotrill stated the agreement reached between him- self and the City Manager had as its primary focus, beach maintenance and renourishment. He said an agreement has been reached that until such time that the balance of funding is determined for the greater Naples pro3ect, no money should be contributed towards construction. Likewise, he said, regarding establishing a specific amount for future Marco Island beach renourishment or the depreciation of that, neither reimbursement nor future funds for construc~ion were recommended. Commissioner Saunders commented $350,O00 was reque:~ted and is being recommended for the Wiggins Pass dredging proJec': as well as $120,000 for the management study. He said prior to the Board making a final approval for that item, he needs the assurance that dredging the pass will work and will not have to be redone. County Manager Dorrlll stated he is not prepared re, address that issue. lie said once that type of proce:ss is begun, especially with Page 29 September 17, 1991 Wiggins Pass, the commitment is made for a perpetual maintenance obli- gation. He indicated more information can be provides about specific project~ as part of a re~ular Board of County Commissioners meeting. Co~issioner Goodnlght communicated the recommended projects in the beaches and passes. category were approved as the first year priority. She said the other projects were noi: denteft and may be funded during the second or third year. Fran~ B~anchard commented Marco Island hotels and condominiums have con~tributed approximately 40% of the ~ota] incom.~ of the Tourist Tax. ~e said as ~t stands, the recommended 19§1 budget of Tourist Tax funds shows Marco Island contributing $1.8-million wh.[le receiving $115,000 in return. Commissioner Shanaban indicated if the Department of Matural Resources (DNR) has stated they want to pay two-third~ of the inlet man&geme:~t studies, Collier County should aggressively, pursue that funding. Ron Pennington, Chairman of Beach Renourish~ent and Maintenance Goremittens, stated the :~533,000 identified for engineering and per- mirting ¢,f City of Naples Beach projects is the portl¢.n re, maintain ~:ontinuity of the ongoing County program started~ in 1~87. He said the ~mount s~ent thus far on engineering, the sand source study and the ~nvironmental study is in excess of $600,000. He clarified these stu- {lies are State require~ents leading up to the permitting process, He ~dvised from the standpoint of his committee, it is essential that the $§3S,000 ]~reviously identified and the $156,000 irecommended for the Vand~rbil~: Beach restoration engineering/design l)roject be approved in ordel' to ¢:ontinue the ongoing process begun in 1987. He requested that the l'ecommendations made by the TDC be upheld by the Board of County Co~issioners. Fern ~ltchtson requested ~he Board set aside $325,000 in uncom- m.itted funds to be directed to the City of Naples for Bill Parker's one ~i~e test pro~ect. She said ~n order to measure accur~te~y the Page 30 Sepl:ember 17, lg91 accumulation of sand, Mr. Parker must employ his method prior to the total bea.-h restoration. She said the one mile project needs to be addressed now because of the two to three year m. uni't¢,ring period required by DNR. She pointed out thi~; is a cost elfactive and environmentally superior method of beach renouri:3hmer. t. In re~tponse to Commissioner Saunders, Ms. Ai~:chison stated the total cost of the project is approximately $975,000, however, to get started ~n time to use the winter weather, Mr. P~:rksr is willing to let the City of Naples reimburse him at a later date for however much :~and he accumulates. Commissioner Saunders asked the opinion of the Beach Renourtshment ~nd Maintenance Committee in reference to the test7 Mr. Pennington reported the Committee has looked into the project ~nd recommended to City Council that the City proceed bu't with certain ~limltation~ due to a concern regarding the use of public monies for an ,.~xperimental project. He said the Committee does not believe ad valorem t~es should be utilized. He added in discussions with a DNR representative, it was: stated if Collier County is primarily concerned i,ith a rec~reattonal beach as opposed to being connerned ~o limiting storm damage, this type of methodology will build up beaches over a long term. Commts:stoner Saunders indicated he would be m"~ch more willing to spend money to determine if this method would wor~ ~s a beach main- tenance methodology after the beach is renourishet, a~ opposed to ~pendtng $I-mlllton for a test project when the eag:in.~ers are saying there is not enough sand in the near shore area to renouriah the beaches using this method. He said between this meeting and the time fund~ will be available, Mr. Parker will need to iprovide credible evt- ¢ience that this type c.f process will work to reno'~riS.~ a beach. Ms. Attchtson explained Mr. Parker must employ hi:~ method prior to beach restoration in order to measure how much sand the nets accumu- ].ate, which in turn will provlde the documentation h.~ needs. In resi.~onse to Commissioner Volpe, Mr. Pennington said the Page 3 1 September 17, 1991 Commltte,:'s present plan is for a dredge and fill pr3Ject for nine miles of beach. He said the plan envisions needing Tourist Development Tax funds next year and the engineers ha,'~e been asked to identify an amount. He indicated by the following ¥,.~ar they would have permits in hand and be ready to start the renou.~tshment, Commissioner Hasse commented Mr. Parker's method wa~; used five years ago on the beach at 7th Avenue South and it se,.~med to work well. Mr. Pennington indicated the length of beach was only 500 feet and because it was a narrow area, it did not last long. He said the con- cern is how long would it persist even in a larger a]~ea, because the method utilizes sand that comes from the near shore :~ystem. Ed OaTes representing the Naples Area Chamber of Commerce, advised the Board of the two requests for funding submitted by his organiza- tion. He introduced several members of the Naples Al~ea Chamber of Commerce present in the audience. Chris Lombardo representing the Friends of the Collier County Museum, stated his concerns with the final outcome of TDC funding for the Museum. He requested the Board delay the decision to fund any projects under the Museum section until such time as the TDC holds an additional meeting to discuss those projects. He montloned several projects were requested and none have been funded. lie said the Friends of the Collier County Museum lobbied vigorou~:ly in support of the Tourist Development Tax because they felt it would be very beneft- ,:ial to Collier County, and in particular to the In response to Commissioner Saunders, Assistant County Attorney 14ilson stated the TDC interpreted the wastewater treatment plant in lZverglades City as be:ing supportive of the Everglade.,; Na'~ional Park and will promote that area. Patrick Dlstaslo with the Fine Arts Society of Colll~;r County, l~ccepted tile decision of the TDC regarding not funding the part of the ]lew World Arts Festiva~l that takes place during the season, however, :If the total project Js funded, it WO~lld help to fill rooms during the coming season which may not otherwise be filled because of the Page 32 September 17, 1991 faltering economy. Commissioner Goodnight advised the TDC made a policy decision to not fund any on-season programs. Commissioner Goodnight asked for Board directior~ on the TDC deci- sion that appropriations would be for two year funding. She indicated the TDC also needs direction on their vote to allo~ applicants to roll over their funding and applications into the 1993 y~.ar if the program was not started by the summer of 1992 because the funding was not available. She asked what percentage to set aside for the operating budget and whether the Board wants to see the operating budget in the near future or wait until after the lawsuit is settled? Commissioner Saunders commented he would like to see the TDC imme- diately develop an o~,erating budget. In response to Commissioner Volpe, County Manage~ Dorrill explained the operating budget would be project specific amounts to set up project budgeting for i.e., the Wiggins Pass dredging project to have its o~n project budget and its own separate accounting to meet the pre-audlt requirement of the Cle~.k of Courts. H~ noted there will also be a~ministrative overhead items, including minute and record taking of the meetings, travel and professional dues and at some point in time, the budget may include full or partial staffing. Commissioner Volpe asked if a policy decision ne~ds to be made regarding what percentage of total revenues would be allocated toward the operating budget? Assistant County ,Attorney Wilson indicated a concern with the appropriateness of some of the administrative expens~s and how high the percentage can be. She explained the Statute and Collier County's ordinance refers to administrative expenses as being 3~. She said a contract ,with the Tax Collector provides him to 'hold back 3% for his administrative time in colle(:ting the tax. She stated she has been 'unable to find any legal sub~tantiation for going beyond the Commi=~sioner Shanahan questioned the allocation of funds for ,~vents that took place during FY 9~. Page 33 September 17, 1991 Assistant County Attorney Wilson explained the a:~to'unts recommended were based on the monies in hand and projected revenues for the next year. .~he said the TDC is basinG its recommend.ation on the total funds tk.rough FY 92. Co~,tissioner Goodnight added that applications were accepted for p~o~ects~ started after November 1, 1990, which was the date the tax was Init iated. In x'esponse to Commissioner Saunders, Commissioner GoodniGht Indi- cated the intent of the TDC was to recommend approval of the fine arts festivals and programs as submitted. She said the Museum projects will be brought back to the Board at a later date, al~ ~ell as the beaches ~d passes. She added the advertisinG and pl'omotton projects will also be brought back t~ the Board after the con~orttum has been formed. Co~lsslone~ Saunders indicated he would prefer l o delay a final decision ~ttl after the lawsuit is resolved. Assistant County Attorney Wilson stated the TDC fas discussed that issue and understands that the Board of County Commissioners may need to review these items again at the conclusion of the litigation. Co~issioner Shanaban commended the TDC for the kard work they have done and suGGested the entire package be put together alonG with a suggested operatinG budget. County ManaGer DoI'rtll proposed S~aff Recommendation ~3, which ts to receive public commen't, take tentative action to approve the pro3ect reco~endattons completed by the TDC, and delay final action to a date certain which in 'this case would be the next TDC meetinG at which they will resolve the problems wlth two cateGorlei~. After the aext round of litigation, h,~ said, Staff suGGests the Board re-hear f~nal bu~Gets and recommendations. ~p~ Jtaff ~o~n~tion ~3. Co~isstoner Saunders c.[artfted the message being sent to the applicants is that until th. la~satt is resolved, the~'e ar~ no final Page 34 Sept,.*nber 17, 1991 conitments to any of the programs listed. He :~aid the Board is acceptin!; the report, commending the TDC, directing them to continue developing the budget and the Board will re-hea~ the .Issues when the lawsuit Is resolved. AssA~tant County ManaGer MoLemore cautioned with regard to 3% of ~he revenues for the operat]n~ budget, the ~eneral fund will be uti- lized to supplement the budget if an appropriate amount is not taken from the TDG fund. Co~ty ManaGer Dotrill noted that w~11 be evaluated as part of p~esentinG a final budget to the Board. Oo~]ss~oner Volpe commented he is sensitive to the fact that a major portion of the revenues are being collected from Ma~rco Island. ~ ~ll for ~he ~testton, the ~tton carried ~ani~msly. ess ~~: 3:45 P.N. - ~convened: 3:55 P.M. at which tie D~ Clerk Arrtght replaced Do~ Clerk ~evtn ~~ ~ BID NO. 91-1~5~, M~CO ISL~ ~DIAN ~IN~CE, AWARD ~ ~ B ~ ~~S, INC. I!~ AN ESTI~'~D ~AL ~U~ $282,4~.04 - ~~D Office of Capital Projects Management Director Conrecode advised that sealed bids for Bid No. 91-1757 weve received and opened on August 21, 1991 following an advertisement posted July 24, 1991, and Invitations that were sent to 36 vendors. He explained that the scope of work involved in this contract consists of landscaping of 110 median islands for the Marco Island Beautification M.S.V.U. and is a two year contract. He informed that the Office of Capital Projects is recommend:[ng that the contract be awarded to R B Lawn '3errices as being the lowest qualified responsive bidder. He noted that the recommendation was approved by 'the Marco Island Beauttficatlon Advisory Committee on September 3, 1991. He reported '~hat the amount of the award represents a 17~ increase because of the increased area of maintenance for FY 91-92 and a unit cost decrease. Hie commented that etafi! recommends that Bid No. 91-1757 be awarded ~:c R B Lawn Services, Inc. in an est;[mated annual amount of $282,4!}C.04. Page 35 September 17, 1991 Commissioner Shanaban related that although he ha~ no objection to awarding the contract to R I½ Lawn Services, Inc. he ~3uggested that they be subject to a review, scrutiny, and probation because of nega- tive co~nents received about them regarding other contracts in Collier Gounty. Commissioner Saunders concurred with Commissioner Shanahan's com- ments and recommended 4:o County Attorney Cuyler that Jn the contract prepared for R B Lawn Hervices, Inc. for the subject hid, they be advised that the Board has be~n informed of their non-performance on another contract, therefore, additional funds will be held in escrow with a liberal cancellation policy provided for the County if their performance is not according to the contract per staff review. Mr. Loeber, representing Taxpayer's Action Group (TAG), stated that they requested theft this item and and Item #9H5 be removed from the Consent Agenda because of the amount of funding ~nvolved and the lack of bidding involved from other companies. Mr. Conrecode stated that staff does not understanJ the reasons why there is so little bidding on these contracts. Mr. Conrecode reported that the billing for this contract will be done on ~ monthly basis, therefore, if the work perfor;~ed is unsatis- factory payment can be withheld. C~.~Aon~r Shanaban ~aoved, eeconded by Co~uat~eioner cmr~z,t~ m~t~l¥, to award Bid No. 91-1757, M~rco I~llmnd Median ~~ ~ BID NO. 91--1~56, GOLD~ ~Tg P~AY ~~ TO R B ~ 8~ICES, INC., IN ~ ESTI~D ~U~ ~ 0F Office of Capital Projects Management Director Conrecode affirmed Commissioner Saunders' question that the R B Lawn Services, Inc. bid is appropriate and recommended by staff. Co~m~:s~ioner Saunde~'e ~ove~,l, seconded ~ Co~t~mloner ~~ ~d c~t~ ~t~ly, t~.t Bid No. 91-1756, Golden Gate, '.Pmr)~y Medl~ Page 36 Office of Capital Projects Management Director Conrecode advised that in May, 1989, the Board directed staff to utiltz,; annual contracts for engineering and architectural services :."or small contracts. He pointed out that this procedure has be,:n v.ery success- ful with the costs staying %~ell within the $25,000 cal~. ]~e noted that staff is recommending continuing this program of selecting pro- lesstonal consultants for p]'oJects applicable under the Florida Statute :287.055 which allows up to $500,000 for the scope of project capacity fundlng where as bef(ire it was $250,000. H{: informed that seventeen proposals from engineering firms and .,;ixte{:n proposals from architectural firms we].'e received, evaluated and ranksd by a Staff Selection Committee wtlh the top four firms for each listed in the Execlltive Summary. He commented that staff recommends thstt the annual contl.'act be expanded to four Agreements of each disct[.ltne in order to allow the use of more t:ypes of contracts and dis'tribute the work for more comp~.~ttttve bids. He noted that all agreements are for one year with a prov~sion of renewal for up to two, one y~;ar periods at the Count¥'s ¢[tscretion. He explained that funding ~till be provided from each dirts:ton which uses the services. He added that this action will continue lo improve staff ability to implement tk.e Ca]~ital Improvement Element of the Growth Hanagement Plan. In conclusion~ he stated, ]t is recommended that the Board of County Commissioners approve the selection of firms for an annual agreement and the pr(~posed agreement attached to the Executive Summary. In response to Commisstone]. Volpe, Mr. Conrecode :[nforlned that in allowing the 8500,000 for proJ~;ct capacity, the Count]! is ,romplying with the Florida Statutes which is a revised limit. }{e added that there will be an increased number of projects which w:[11 be allowed to ooo 90 Page 37 Sapl:ember 17, 1991 apply und~r this statute such as a library addition tn Golden Gate, Immokalee.. and North Naples. In clarification to Commissioner Volpe's que~ticrts, County Manager Dotrill iztformed that this particular action is zlereJ.y prequalifying engineerirtg and architectural firms to avert a 90 day bidding process for small contracts. He cited that the County Ma~na§er does not have the ability to approve more than $6,500 unless th.e Board of County Commissioners approves. Tlp~ I~ Mr. Dick Losbet, representing the Taxpayer's Action Group, expressed his concern of the County using consultin~ firms, however, noted that the proposed firms do not seem to fit that category. He questioned whether this process would be breaking la]'ger projects into smaller ones in order to push it through the system easier? He also questioned whether the limit of $500,000 is a requir~:men~ of the State? Commissioner Shanahah stated that there are enou~.lh checks and balances in place to assure that all contracts will be reviewed as to their benefit to the County. Commissioner Saunders l:urther explained that the first process in qualifying a firm for a contract is to review their technical expertise and then price ts r.!:gotiated. In regards to the $500,000, Mr. Conracode ad~'tsed that this is an amotLnt allowed by the state but not required, and ad'.¢[ed that each contract is brought before the Board for approval. Oo~iselone~ $ha~han ~ov~d, seconded by Co~miss~.~Lonsr Hasae and CI~TiI~ ~ilonlly, to approve the four Enginsertnf~ Ftz~m: Hole, Mo~ttl ling; l~lociatss, Inc. = Johnson Engineering, Ir.~:.= Agnolt, Barber Ind B~"u~I~I, Inc.; Wilson, ~filler, Barton and Peek, Inc. ~ and four Architectrural firms: Barany, Schmitt and Weaver, In(:.; Gore, McGahey ~ ~ I~ A~lociatel~ Victor J. Laterich, Architect, PA; ~ls/Pls~hln Architects ~d Associates, Inc. Page 38 September 17, 1991 F,~50LOTIOII NO. 91-644, DIRECTING TH~ CL~-l%I( TO ~ BOARD TO R~I!'ILI~ ORDI~%]~ NO. 90-43 WITH TH~ $~CR~TARY OF S?ATH R~GARDING TH~ TOURIST D~OI~T TAX Assistant County Attorney Wilson reported that Judge Blackwell had a status hearing requesting that the County prepare a brief to be pre- sented on September 20, 1991, and the final hearinG on this matter to be scheduled for September 27, 1991. She advised that because the goal to expedite this matter to a Supreme Court decision failed, it is recommended by the County Attorney's office to discontinue the bond validation proceedings and concentrate the County's efforts on the Second District Court of Appeal case. Ms. Wilson explained that the proposed resolution is to amend Ordinance No. 90-43 to clarify the Board's Intent to have the ordi- nance effective after the referendum and to refile the ordinance for a second time so the issue of whether the County needs to do so or not will not become a problem when the County applies for subsequent bond validation proceedings. In response to Commissioner Shanahan, Ms. Wilson affirmed that there are no procedural problems with filing a dismissal of the bond validation proceedings. Responding to Commissioner Volpe's question regarding any costs expended for the bond validation proceedings, County Attorney Cuyler stated that it is the recommendation of the County Attorney's Office to discontinue the proceedings, and the costs that were expended were for a specific goal which no longer exist. He added that It does not appear to be necessary to validate the bonds for the stadium in the future. Ms. Wilson potnted out that time could be lost in resolving this Issue if the bond validation process continues at this time. Oommtsstoner Saunders questioned if the County is going to wait 11ntil a certification of refiling is received from the Secretary of State before the lawsuit for bond validation is dismissed? Ms. Wilson responded that a motion to dismiss the lawsuit will be filed OOl). 411 Page 39 September 17, 1991 i~ediately. C~md~l~ S~under~ moved, seconded by Co~tsaloner Ha~ee and carried u~a~i~u~ly, t~t the pro~ed reaolutton dtrectin~ the Clerk to ~ ~ To ~file Ordin~ce No. 90-~ ~i~h the Secreta~ of State ~ ~, there~ adopting Resolution No. 91-644. Page 40 Septemb,~r 17, 1991 ];t~ ,11&1 and ,11&2 ~/. ~ llJ~lr~llJTs 91-334/335; 337~ 339/344: 346/352; 360/362; and 364 Commissioner Shanahan moved, eeconded t~¥ Commtseto:ae:r Haese and c~r'iod uz~onimou~l¥, that ~dget AmendmenttJ 91-334/335; :337; 339/344; 346/398; 360/362; and 364 be adopted. Ite~ #11A3 BIJD~IT AMK:IIIIMKIrT Iq~SOLOTIOI lO. 91-31 - ADOPTKD C~m/~io~r S]~m~h~n moved, seconded by Contsstone:~ H&eee and ~rt~d~tmol~ly, that Bluiget Amendment Resolution lie. 91-31 be &dopt~d. Paile 41 September 17, 199! Ztsm #11D1 FINANCIAL (tUARANTY INSURANCE COMPANY SELECTED AS THE BOND INSURERS FOR TH~ PI~OPOS~D $31, 0001000 WAT~R-SEW~.R DISTRICT 1991 BOND - APP~OVSD Finance Director Yonkosky explained that the reason this is an add-on item is because the bids were receixled subsequent to the time for submittal to the regular agenda. He advised that ~hree bids were received of which Financial Guaranty Insurance Company bid on 31 base points for a total of $223,200; American Municipal Bond Assurance Corporation bid .415 base points for a total of $298,800; Municipal Bond Insurance Association bid at .375 base points for a total of $2?0,000. He informed that the bids are based upon an estimated total let service payment of $72 million over the life of the issue. He emphasized that the bids are good for September 17, 1991, and advised that the County would commit to buy its insurance from Financia! Guaranty Insurance Company only if the bonds are to be in$;ured. In reference to a document pre~;ented to the Commissioners, he explained that this document contains the type of commitments Financial Guaranty Insurance Company is requesting from the County in order to honor this bid. He pointed out that the bids have been reviewed by the County's advisors and the County Attorney has approved the commitments requested and provided a letter to confirm his concurrence. He noted that if the agreement is approved, the signature sheet will be faxed today. County Attorney Cuyler concurred with the statement~ by Mr. Yonkosky. In response to Commissioner Volpe, Mr. ~onkosky advised that it is anticipated that the County will issue the bonds in late October, 1991. Coatsstoner Sh&nahan moved, seconded bl? Commissioner Hssse and carried ttl%~ritmousl¥, that Financial Guarantlr Insurance Company be ssl~cted ~ the bond insurers for the propoiled $31,000,000 Water-Se~er District 1991 Bond. Page 42 September 17, 1991 Commissioner Saunders noted that he requested that this be placed on the agenda. He advised that he has conversed with County Attorney Cuyler, C.~mmunity Development Administrator Brutt, and people in the Planning .~nd Zoning Department regarding this item. He explained the situation to be that the owners have moved into Bennett's Grocery, acquired { full stock of grocery items, made arrangements to have a shared pa~king agreement to comply with County's parking requi~ements, have complied with other regulatory issues such as signs, and basi- cally hav~ a grocery operation which is in full compliance with all the operational requirements of Collier County; however, because of the requi~ement of a series of public hearings the store cannot open until the end of October, 1991, which will cause a severe economic hardship on the principals. In light of the said hardship, Commissioner Saunders requested that consideration be given to authorize the conditional opening of Bennett's Grocery, pending the public hearings scheduled for the end of October, 1991. He commented that staff has posed no object]on to the propo:sed conditional opening. In re:sponse to Commissioner Hasse, County Attorney Cuyler ]nf¢,rmed that ~n a similar case such as this where a conditional permit was authorized, he requested that the principals waive any rights ~ncluding vested rights and agree to move the materials out of the. store if 'the County found at the hearings that the proposed business was in noncompliance and, therefore, did not grant a permit to operate a business. In answer to Commissioner Hasse, Commissioner Saunders related that staff's report to be presented to the Planning Commission in app:roximately two weeks on this subject recommends approval. Mrs. Rosario Rodriguez, a principal of Bennett's Grocery Store, advised that the store is located at 901 Airport Road. Page 43 September 17, leg1 County Attorney Cuyler responded to Commissioner Volpe by stating tha~t the County Attorney's Office has reviewed the shared parking agreement and find it legally sufficient. Gounty Manager Derrill suggested that the temporary permit be granted subject to the determination by the Chief Building Off.icial that all code requirements are met. Commlu~oner Saunders moved, seconded b~ Commissioner Shlnahmx~ and cmt-r~ed unanimously, to approve a conditional ~t with the cer-- t~cat~ of the Chief ~ld~ng Official to o~n ~d o~rate ~tt'~ G~ ~tng the Plying Co,lesion ~d ~ard of Co~mty C~mA~ol~rs ~blic hearingo on this ism~e, if the oh&red parkin~ V~ ~ ~ ~INGS S~D~ED ~R SE~~ 26, 27, ~ 30r !~1 ~ ~B~ 2r 1991 A~inistrative Assis~an~ Filson advised ~ha~ ~57 applications have been received for value adjustment requirin~ extra da~es for t~e hearings. She informed ~hat September ~6, ~, and 20, ~991 and 0c~ober ~, 1991 are scheduled for the hearings from 9:00 A.~. ~o ~:00 P.M. each da~. Itel ff13A ~~~ OF ~IONS ~OVATION ~O~ - ~V~CE O~ER ~R County Manager Derrill requested authorization to advance order the Herman Miller Office System products budgeted for FY 92 for the renovation of the old small library on the ground floor of Bulldine F for the Supervisor of Elections. Although the F¥ 92 budget has not been approved as of this date, he explained that he would like to adv~mce order this equipment due to the delivery time of 60 to 90 day~. He noted that the request is approx]mately two-thirds of the $97,000 total budgeted for th~s renovation. Cooeecl. u~on~r $aundere moved, seconded I~¥, Commissio~er $~l~un and card'ted unanimously, that authorization ~ ~ted for the a~ance of H:l~ti~ ~t~on project, BI 000 447 Page 44 Ite~t #14 BOIl~) OF ~ OO!~(I$$IONIR$' 00~UNI¢ITIONS September 17, 1991 Commissioner Volpe questioned if the s'ubject of Lear Siegler Management Services Corporation remaining on contract with the County on aL private bases regarding Fleet Management will be discussed at the budget hearings. County Manager Dotrill stated that this can be discussed at the budget hearing and advised that the budget for this subject is predicated on performing the Fleet Management work formed in-house which will result in a $100,000 reduction in the budget for FY 92 over the current year. Commissioner Saunders agreed that this will have to be discussed at the budget hearing, and added that he has received a letter from Fleet Maintenance in the Shertff's depa]-tment which should be reviewed for the possible combination of the t%eo Fleet Management operations. Commissioner Saunders noted that the subject should be discussed from the perspectives of maintaining the same contract, bringing the work in-house, or combining the Sheriff's fleet operation with the Board's. sea ~o~i~lon~r Hasse ~c~;ed, seconded by Oommissio~er Sh&n~u~n ~nd camtg ~tmly, t~t the roll--in9 tte~ ~der the cogent m~ ~ a~ ~d/or adopted: *** It~ ~1~1 [~L ~T OF n~I~'S ~S~' - WIH STI~TIONS That the final plat not be recorded until the required impro- vements have been constructed and .accepted or until approved security is received for the incompleted improvements and that construction shall be completed within 36 months of the date of this approval. Authorize the Chairman to execute 'the attached Construction and Maintenance Agreement. That no building peFmtts be issued until the final plat is recorded, except as permitted by the P.U.D. document. That the associated turn lanes on Immoka]ee Road necessary to serve this project %{tll be constructed prior to preliminary acceptance of the subdivision improvements in Collier's Reserve. At the time of preliminary acceptance, construction of the bridge within the development shall be certified by the bridge consultant. Prior to any construction associated with the street lighting system, a complete lighting plan p~'epared by a registered electrical engineer will be submitted for review and approval to Project Review Services. firIll,,,, Page 45 September 17, 1991 ?. Prior to the required pre-construction meeting, applicant fJhall subz~it from the Florida Game ~nd Freshwater Fish Commission (FGFWFC) and approved Gopher Tortoise Scrub Habitat Management Plan for approval by Project Review ~;e~vices Environmental Staff. *S? Xtem ~16A~ R~OL~TIO~: 91-640, FR~LIMINAR¥ ACCEPTARCK O~ THE ROADWAY, DR&INAGE, NAT~R, ~' ~ IM~O~ ~R ~ FINAL P~T OF ~V~ZCAYA AT ~Y ~~ - ~ ~IP~TIONS Accept the Maintenance Bond (posted with the Clerk) as ~:ecurity for maintenance of the infrastructure until the [~oard of County Commissioners grants final acceptance of all improvements. Preliminary acceptance of ~mprovements will not become effec- tive until water and sewer facilities have been conveyed to Collier County. FACILITIES ACCEPTANCE FOR VIZCAYA AT B&Y COLONY AOCEPT~ OF KA~I~NT ~RANT~D BY ST. JOHN THE EVANGELIST CATHOLIC ~ P(~I RI~HT--O]P-WAY, AS ~QUIR~D BY SDP 91-21 See Page It~ AMENdMenT TO OONTR~tCT WITH NATIONAL GUARDIAN SECURITY SERVICES UNDER BID 90-16dl IN THE AMOUNT OF $3,500 FOR EMERGENCY ALERT RESPONSE SKRVICKS :.~ See Page Item OONT]~T ld~I~NDMENT INCREASING OLD~ ~RIC~S ACT ~ ~S See Page ,~q' It~m ~16D~ A PO~I(FN AND U~ A~~T ON P~CEL 108 FOR ~A~ ~:~I~D ~SION P~O~ - P~SE III See Page %~ ?~ '' ~ 7~ BID J~01-1~,'66 AJ~IU~ED 'TO ~CH0~S C~ ~N ~ ~O~ 0V 9~U,425 ~R It~ APP~J~X~L ~ WITH COASTAL ENGINeeRING CONSULTANTS, INC. ~R -~~ ~~ ~D ~ ~ ~ST ~ SO~ N~LES S~IT~Y S~ '~ ." ~~ l~ ~ ~ OF $3,500 Page 46 September 17, 199'.[ It~ ~16D4 R~OLUTIO~ 91-641, TH~ ACQUISITION ~ ACCEFTINCE OF EIGHT UTILITY See Page It~m#16D5 ~[tI~Jt O~ FOI~L CO~PETITI~ BIDDING REQUIREMENTS AND PROVISION TO P~ltC~ AND INNTALL TWO FLYGHT PUMPS FOR INSTALLATION IN THE PELICAN BAT ~t~FIC~$ DIVISION LIFT STATION #D-14 FROM ELLIS K. PHELPS AND CO~ IN ~ ~OUNT OF $?,984.50 Itea#16E1 A LIMITED U~ LICEN~E AGREEMAqTT BETWEEN COLLIER COUNTY, A POLITICAL $N~DIV~$IOM OF ~ STATE OF FLORIDA, AND FLORIDA HO~ES OF COLLIER, INC., APPlt(~ING THE USE OF COUNTY-~D PROPERTY FOR A BARBECI~ AND FUND-RAISING EVENT SeePage Itc #16F1 CONTRA6'TH AJ~LRDKD UNDER RFP91-1693 FOR COLLECTION SERVICES TO FINANCIAL C~EDIT SERVICES OF CLEARWATER AND PROFESSIONAL ADJUSTMEITr CORPORATION OF FT. NY~RS AS TH~ TWO FRONT LINE AfENCIES AND TO PAYC0 CORPORATION OF FT. MYERS FOR ACCOUNTS TWO YEARS OF AGE AND OLDER Itn e16F2 - D~leted BOD~T ~ TltAN~FHRRING FUND~ FROM 0CHOPEE FIRE CONTROL DISTRICT I~~T~FU~D 146 I L]~I11~ ~ ~ BET#~N COLLIER CO]l~l"~, A POLITICAL $~BI~$IOM OF TH~ HTATE OF FLORIDA, AND WASTE MANAGEMENT, INC~.HI~ORATED OF P~ORIDA, ALLO%~ING FOR WASTE MANAGEMENT INCORPORATED OF FLORIDA'S CONTINUED USE OF COUNTY-O~*NED PROPERTY FOR THE PURPOSE OF A STASI~ AR~A FOR SOLID WASTE COLLECTION It~ #16~2 BUIX~.ET AMEI~MB3FT FOR EXPENDITURES TO COMPLETE THE CONSTRUCTIOH OF LINKD CKLL SIX AT THE NAPLES LANDFILL It~["~16R1 - Mo~m4 to 9H3 Item #l~li - Moved to 9N4 Item#l~l~ - Deleted It~ ~6~4 - 9loved to 9H5 Item ~l~J1 cz rmcaT cs COa XCTION TO TaX ROLLS AS m=SER D SY TaX September ~7, 1991 No. 407 No. 282 No. 270 No. 256 No. 414 No's. 302/303 No's. 271/272 No's. 278/280 1990-121/123 Item #1~2 1983 1984 1985 1986 1987 1988 1989 1990 Dated 9/4/91 Dated 9/4/91 Dated 9/4/91 Dated 9/4/91 Dated 9/4/91 Dated 9/4/91-9/9/91 Dated 9/4/91-9/9/91 Dated 8/26/91-9/9/91 PERSONAL PROPERTY 1990 Dated 8/30/91 SATI$1~AC'flOII O! LIB FOR SERVICES OF TH~ PllBLIC DEFENDIR See Page __~_~~~' CORRW~PONDENCE - FILED ~/0R ~~D The following miscellaneous correspondence was filed and/or referred tot he various departments as indicated below: Notice of Workshops from Department of Community Affairs re schedule of second series of workshops regarding rules that implement growth management laws. xc: Nell Dorrt]l, Frank Brutt, Stan Litsinger, and filed. Memo dated 9/9/91 to Mike McNees, Budget Director; from John A. Yonkosky, County Finance Director; re division of receipts and approp]?tations between the incorporated and unincorporated afeard. xc: Flied. 3o Letter dated 8/31/91 with attachments to James C. Giles, Clerk of the Board; from Joan D. Owens, Assistant Director, Administration, Collier Mosquito Control District; re regular meeting schedule - ]991-92 and tentative annual certified budget - 1991-92. xc: Filed. Page 48 6o 10. 11. 12. 13. 14. September 17, 1991 Letter dated 9/4/93 to Commissioner Goodnight; from Lewls O. Burnside, Jr., Director, Division of Housing and Community Development, State of Florida Department of Community Affairs; re Community Development Block Grant, Contract Number: 90DB-49-09-21-01-H05. xc: Nell Dotrill, Russell Shreeve, John Yonkosky, BCC, and filed. Letter dated 9/6/91 to Commissioner Goodnight; from Harry K. Singletary, Jr. Secretary, Florida Department of Corrections; re announcing the Department's interest in receiving propo- sals for the award of the Community Corrections Partnership Act funds for a county work camp and for community correc- tions programs. xc: Sheriff Hunter and filed. Letter dated 8/29/91 to Chairman, Collier County Board of County Commissioners; from Jori M. Iglehart, Eavironmental Specialist, Florida Department of Environmental Regulations; re Collier County - WRR, File No. 112015075. xc: Nell Dotrill, Harry Huber, Frank Brutt, and filed. Rulemaking Notice dated 8/29/91 from Florida Department of Environmental Regulations; re notlce of public hearing and notice of public workshop. xc: Nei] Dorrill, Frank Brutt, Fred Bloetscher, BCC, and filed. Letter dated 9/5/91 to Chairman, Collier County Board of County Commissioners; from Jon M. Iglehart, Environmental Specialist, Florida Department of Environmental Regulation; re Collier County - WRR, File No. 112015835. xc: Nell Dotrill, Harry Huber, and filed. Letter dated 9/5/91 to Chairman, Collier County Board of County Commissioners; from Jon M. Iglehart, Environmental Specialist, Florida Department of Environmental Regulations; re Collier County - WRR, File No. 112017235. xc: Neil Dotrill, Harry Huber, and filed. Letter dated 9/5/91 to Chairman, Collier Coun'~y Board of County Commissioners; from Jori M. Iglehart, Environmental Specialist, Florida Department of Environmental Regulation; re Collier County - WRR, File No. 112017685. xc: Nell Dotrill, Harry Huber, and filed. Letter dated 9/6/91 to Distribution List; from Melta White, Senior Human Services Program Specialist, Ememgency Medical Services, State of Florida Department of Healzh and Rehabtlitative Services; re Nominees for the Emergency Medical Services (EMS) Matching Grant Evaluat.[on Team. xc: Nell Dorrlll, Jay Reardon, BCC, and filed. Press Release dated 9/5/91 from Florida Department of Transportation; re Highway Beautification Council announces Grant Workshops. xc: Nell Dotrill, George Archibald, and filed. Letter dated 9/3/91 to All agencies of local government and interested parties; from Rep. Mary Ellen Hawkins, Chairman, Collier County Legislative Delegation, Florida House of Representatives; re Legislative public hearing. xc: Nell Dotrill, BCC, and filed. Request for Proposals from State of Florida Governor's Juvenile Justice and Delinquency Prevention Advisory Committee; re Juvenile Justice and Delinquency Prevention Program. xc: Nell Dotrill, Don Hunter, BCC, and filed. 16. Minutes received and filed: September 17, 1991 Golden Gate Parkway Beautlficatton Agenda dated 8/27/91 and minutes of 8/13/91. Marco Island Beachfront Renourishment Advisory Committee Agenda dated 8/15/91 and minutes of 8/15/91. Minutes of Marco Island Beautification Advtso~ry Committee of 8/S/9! and agenda of 9/3/91. Florida Tourism Commission, Region 5, South West Ad Hoc Committee Meeting minutes of 8/29/91 and 8/28/91 and report dated 9/6/91. 16. Notice to Owner dated 8/27/91 to Collier County Board of County Commissioners; from Robert L. Johnston, Agent for Hertz Equipment Rental Corporation; advising that they have furnished general equipment rental; under an order given by J. Martz Paint Contrs.; for Corkscrew WWTP. xc: Neil Dotrill, Steve Camell, John Yonkosky, and filed. 17. Notice to Owner dated 8/28/91 to Collier County Board of County Commissioners; from Nach of Florida, Inc. agent for the Lienor; advising that they have furnished fabricated. and loose materials for piping systems; under an order given by Suppression Technologies; for Community Center for the City of Immokalee located and described as 321N First Street, Bond No. FL0407. xc: Neil Dotrill, Steve Camell, John Yonkosky, and filed. 18. Notice to Owner/Preliminary Notice dated 8/30/91 to Collier County Board of County Commissioners; from Chrys Webb, Causeway Lumber Company; advising that they have furnished trusses, lumber and/or building material; under an order giv- en by Cornerstone General Contractors; for Storefront North Naples Commerce Park, 1900 Immokalee Rd. xc: Nell Dotrill, Steve Camell, John Yonkosky, and filed. 19. Notice to Owner dated 8/30/91 to Collier County Board of County Commissioners; from William D. Meeker Jr., NACM Services Corp., agent for Lienor; advising that they have furnished sewer and drainage castings; under an order given by Mustang Construction, Inc.; for Immokalee Road and U.S. 41 Naples Florida "Collier Co. Agricultural Center". xc: Nell Dotrill, Steve Carne/l, John Yonkosky, and filed. 20. Notice to Owner dated 8/29/91 to Collier County School Board; from Robert L. Johnston, agent for Hertz Equipment Rental Corporation; advising that they have furnished general equip- ment rental; under an order given by APSC-Florida, Inc.; for Poinciana Elementary School, Davis Blvd. xc: Neil Dotrill, Steve Camell, John Yonkosky, and filed. 21. Notice to Owner/Contractor dated 8/29/91 to Board of Collier County County Commissioners; from Blanca L. Moll, Acousti Engineering Company of Florida; advising that they have fur- nished labor and materials, acoustical ceilings and insula- tion; under an order given by Armon, Inc.; for Collier County Agricultural Center. xc: Neil Dorrill, Steve Camell, John Yonkosky, and filed. 22. Notice to Owner/Contractor dated 9/5/91 to Collier County Board of County Commissioners, Steve Carnell, from Blanca L. Moil, Acousti Engineering Company of Florida; advising that they have furnished labor and materials, acoustical ceilings; under an order given by B.B.L. Quinn; for Collier County Library. Kc: Neil Dotrill, Steve Camell, John Yonkosky, and filed. Page 50 September 17, lg91 No~ce eo O~n~r d~%~ 9/U/9i to Colller County, Purchasing Department and Barry, Bette & Led Duke, Inc.; from R. Waterfield, M M Systems Corporation; advising that they have furnished flat sheet aluminum; under an order given by Crowther, Inc.; for Collier County Library, 650 Central Ave. xc: Neil Dotrill, Steve Carne]l, 3ohn Yonkosky, and filed. 24. Notice of Hearing and Second Preheating dated 8/28/91 to Florida Power Corporation, etc.; from Steve Tribble, Director, Division of Records and Reporting, Florida Public Service Commission; re Docket No. 910603-EQ - Implementation of Rules 25-17.O80 through 25-~7.091, Florida Administrative Code regarding cogeneration and small power production. xc: Filed. 25. Letter dated 9/5/9! to Collier County Board of County Commissioners; from E. Elizabeth Williams, Contrac~ Administrator, South Florida Water Management District; re Contract No. C91-2439, Invoices Covering the Period End.[ng or Prior to September 30, 1991. xc: Nei] Dotrill, John Yonkosky, and filed. 26. Letter dated 9/5/91 to Collier County Board of County Commissioners; from Stuart Friedlander, Contract Administrator, South Florida Wate~ Management Dist]-!ct; re Contract No. C89-0253, Invoices Govering the Period Enduing or Prior to September 30, 1991. There being no further business for the Good of the County, the meeting was adjourned by Order of the Chai:~ - Time: 4:50 P.M. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO {~OVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL ATTESTs. ' :, ./Th~se minutes~proved by the Board on ~'% '-... PATRICIA ANNE GOODNIGhT, CHAIRMAN 454 Page 51