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BCC Minutes 02/19/1991 R Naples, Florida, February 19, 1991 LET IT BE REMEMBERED, that the Board of County Commissioners in and for the County of Collier, and also acting as the Board of Zoning Appeals and as the governing board(s) of such special districts as have been created according to law and having conducted business herein, met on this date at 9:00 A.M. in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Patricia Anne Goodnight VICE-CHAIRMAN: Michael J. Volpe ... R~chard S. Shanahan Max A. Hasse, Jr. Burr L. Saunders ALSO PRESENT: John Yonkosky, Finance Director; Annette Guevin, Ell~e Hoffman and Wanda Arr~ghi, Deputy Clerks; Neil Dotrill, County Manager; Tom Olltff, Assistant to the County Manager; Ken Cuyler, County AtTorney; David Weigel, Assistant County Attorney; George Archibald, Transportation Services Administrator; Frank Brutt, Community Development Services Administrator; William Lorenz, Environmental Services Adm~nistrator; David Pettrow, Development Services Director; Leo Ochs, Administrative Services Administrator; Martha Skinner, Social Services Director; Sue Ftlson, Administrative Assistant to the Board; and Deputy Scott Barnett, Sher~ff's Office. Page ! February 19, 1991 AGENDA - APPROVED WITH CHARGES Coatesloner Shanahah aoved, seconded by 0o--leeloner Hases and carried unantmouel¥, that the agenda be approved with the following chan~es: Item #9A2 - Ed Oelschlaegar requesting utilities acceptance for Barefoot Beach Club, Phase I - Added. (Requested by Staff.) Item #9H2 - Recommendation for adoption of a resolution per- taining to special conditions in the Florida Department of Natural Resources Permit No. 00-277A for vegetation planting and maintenance at Tigertat1 Beach Park - Added. (Requested by Staff.) Item #12B - Authorization for Chairman to sign NACO Award applications - Added. (Requested by Staff.) Item #120 - Discussion of Mobile Command Vehicle - Added. (Requested by Commissioner Saunders.) Item #12D - Discussion of Pelican Bay Improvement District landscape bid - Added. (Requested by Staff.) Item #16C2 - Recommendation that the Board of County Commissioners approve an amendment to the contract of Recreational Facilities of America, Inc., a concessionaire at Tigertail Beach - Moved to 9C1. (Requested by County Attorney's Office.) Item #16C4 - Request to consider approval of the master plan for Bonita Beach Park presented by Coastal Engineering Consultants, Inc. - Moved to 9C2. (Requested by Staff.) Item #16G2 - Recommendation that the Board of County Commissioners adopt a resolution to certify a supplemental assessment roll for mandatory garbage collection fees for the 1991 service year - Moved to 9G3. (Requested by County Attorney.) Item #16H2 - Recommendation that the Board authorize the acceptance of Lester Settlement Agreement - Moved to 9H3. (Requested by Commissioner Saunders.) To be heard at 11:00 A.M. 10. 11. Item #12A - Discussion regarding Loitering Ordinances - Continued to 3/5/91. (Requested by Commissioner Hasse.) Item #16H1 - Recommendation to execute an easement agreement for the acquisition of easements lying within parcels 0-16-102 and O-17-156 for the Pine Ridge Industrial Park Municipal Services Taxing and Benefit Unit - Withdrawn. (To be rescheduled at Staff's request.) 12. Item #16A13 - Corrected to read: water and Sewer Facilities Acceptance for Lely Resort, Phase One, Phase 1A and Lely Island Estates, Tract 8. .(Requested by Staff.) 13. Item #11D - Resolution and Interlocal Agreement authorizing Collier County to participate in the Florida Association of Counties' Commercial Paper Program - Requested to be heard at 11:00 A.M. 000,, 07 Page 2 · ~ i C0WsxFr A0WNDA - APPROVED AND/OR ADoFrED February 19, 199! The motion for approval of the Consent Agenda is noted under Itea 'ltmm~3B '~'S R~PORT - APPROVED The mo~tons for approval of the Clerk's Report are noted under '.i! 'Xram ~11A2, #IiA3 and #liD. ' '-'~.,OVEE S~RVICE AWARD The following employee was not present for his service award: John J. Pumper, Utility/Administration - 5 years PROCLAMATION DESIGNATIN0 FEBRUARY 21, 22 AND 23, 1991, AS DISABLED A~RICAR VETERANS' FORGET ~ NOT DAYS IN COLLIER COUNTY - ADOPTED Upon reading and presenting the proclamation to Donald Walters, Ernest Grazioli, Robert Ticknet and Bud Kornse, GommAssioner Saunders moved, seconded by Commissioner Hesse and carried unanimously, to adopt the proclamation desi~nating February 21, 22 and 23, 1991, as Disabled American Veterans' Forget Me Not Days in Collier County. Page February 19, 1991 Xte~a ~9A1 FOIO~AL BID FROCESS WAIVED AND CHAIRMAN TO SIGN THE PURCHASE AGREEMENT W~TH CO,NOS CORPORATION FOR THE PURCHASE OF "POWERHOUSE" FOURTH GENERATION LANGUAGE SOFTWARE - IN THE TOTAL AMOUNT OF $12§,780 Tom 011iff, Assistant to the County Manager, presented the licensing agreement for the "Powerhouse" software package. He explained the Board of County Commissioners directed Staff approxima- tely three years ago to begin coordinating the County's data pro- cesslng systems, primarily between the Clerk of Court and the Board of County Commissioners agencies. As a result, he said, the system currently in place offers office automation and communication packages so that those agencies have the ability to share common ~nformation. He etated this has resulted in a much less expensive process. He noted that purchase of the requested fourth generation language soft- ware will enable data processing personnel to write programs at five to six times faster than can be done at present. He indicated although the program is expensive, it will more than pay for itself in ~noreased efficiency by both the data processing department and the end user. He reported the funds are available in both the Community Development and Data Processing budgets. He concluded that Staff is ,/,-~;!' recommending the formal bid process be waived in order to purchase the software package. In answer to Commissioner Hasse, Mr. Olliff responded that with this product, what now takes five to six days to complete, can be accomplished in one day. Co~iesionar Hases moved, seconded by Commissioner Shanahah and ceriedunmnimousl¥, that the formal bid process be waived and the Chairman authorized to sign the purchase agreement with Cognos Corl~oration for the purchase of "Powerhouse" fourth generation l~l~ge eoftw~e for & total cost of $125,780. Page 4 February 19, 1991 '/':,'~ATE]~ FACILITIES ACCEPTED FOR BAREFOOT BEACH CLUB, PHASE I - WITH STIPULATIONS Commissioner Saunders ~oved, seconded by Coutsetoner Shanahah and carrim4 unant~musl¥, that the Water Facilities for Barefoot Beach Club, Phase I, be accepted with the following stipulations: The water facilities to serve the project cannot be placed into service and no Certificate of Occupancy shall be issued until the Florida Department of Environmental Regulation fur- nishes a letter approving the water distribution system for service. 2. Bacteriological testing has met the County's requirements. 3. The Fire Flow requirements of the project have been satisfied, and the Fire District furnishes a letter accepting the fire hydrant for ownership and maintenance. Its. #9BI SUPPLEMENTAL AG~EM~NT WITH HOLE, MONTES & ASSOC. FOR ADDITIONAL DESIGN SCOPE ~ CONTINQENT PERMITTINQ AND RIGHT-OF-WAY SERVICES FOR I~OEALEE ROAD FOUR LANING BETWEEN U.S. 41 AND 1-75, CIE PROJECT 006 - APPROVED Transportation Services Administrator Archibald stated this item As a status report on the design as well as a recommendation for a supplemental agreement for services involving the design of the four- lanlng improvements on C.R. 846 between U.S. 41 and 1-75. He said this project was initiated in February, 1989 with the intent to be ~nder construction in May, 1991. He reported the project is on sche- dule, however, this request will expand the scope of services within .seven categories. He summarized the reasons why Staff is recommending the change in the scope of services. He advised the actual design for the changes in scope, as well as the realignment of segments of the roadway and the cost of the drainage design at C.R. 846 'and Airport Road total $28,616.89, however, with the addition of three contingent items, the aggregate amount is $73,616.89. He advised if the design WOrk of extending Airport Road to the north is done, a fairly substan- ~tial change in scope will be necessary resulting in approximately ':~;,.'$175'000 for roughly one-half mile of roadway, if included under this 'contract. Therefore, he said, Staff is also asking for Board approval to negotiate with the consulting firm, a supplemental agreement which will specifically lay out the costs for that road extension. Page February 19, 1991 Gommissioner Volpe questioned if the re-design will entail a delay : in ¢onstruotion on Immokalee Road, to which Mr. Archibald explained · :-> construction will begin as planned in May, 1991. Comt.stonar Shanahen moved, seconded by Co--lsstoner Hesse, to approv~ the Supplemental Agreement and authorize Staff to negotiate design fees with the consulting firm not to exceed $175,000 for the additional segment of roadway. Commissioner Volpe mentioned this request is for the supplemental design work. He asked if the contract for additional services from the consultant will be brought back to the Board of County Co~tssloners? Mr. Archibald replied in the affirmative, adding the supplemental agreement is confined only to the changes In scope with a total amount of $73,616.89. He also mentioned a portion of that amount is for contingency items that may not be incurred. Upon call for the question, the motion carried unanimously. Page 6 February 19, 1991 PRESENTED ON THE RACEGROUND AND CURRENT STATUS OF FAYARD PARCEL ~6~ ACQUISITION, ~.R. 951 Transportation Services Administrator Archibald reported having received a copy of the stipulated final Judgment from the attorney representing the defendants, Mrs. Fayard and the Ackermans, which is in line with a draft Judgment prepared by Staff. He indicated the direction of the proposals Is to develop an agreement whereby the ).:i:'Ackermane will be kept in business at that location. He explained the attempt is to take some of the remainders of the Fayard and 7-11 pro- perties and assemble them into a parcel which can then be purchased by either Mrs. Fayard or the Ackermans. He said if Manares Road is extended, it will be possible to assemble properties on the south side !-:;iiof.that extension which could allow for the relocatton of the con- venience store. He indicated one of the elements considers trans- ~j~".ferring the southern 25 feet of the 100 foot wide parcel to the defendants. He stated that dedication would be contingent upon them being able to purchase, through a surplus property action, the : remainder of Parcel 125R, which is the old 7-11 property to the south. · He advised this action will take time, however, it is a method for the il)'I defendants to gain ownership and assemble sufficient property to be in as a good position, if not better, than before the County acquired the /right-of-way for S.R. 951. He explained although their access will be controlled, there will be sufficient frontage on Manatee Road to have a corner parcel rather than frontage only on S.R. 951. He reported ,~:!the defendants' proposal of $50,000 to purchase the strip of land is ' close to the $69,?00 value estimated by Staff. (~i~~' Co~tesloner Volpe observed that dedicating the strip of land from 'Parcel ~26R to the defendants, will disallow competitive bids. ~q ~' Mr. Archibald Indicated that is correct, unless the property ,~owners to the south or west want to acquire the land and assemble it ~ ' 'd. ,with property they own. He stated that is a risk the defendants will to take with this proposal. ~:"".,. Commteetoner Hasse questioned if the 7-11 building will remain ~i~ntact under this proposal? ~ro Archibald explained the stipulated 27 Page 7 February 19, 1991 l'nal Judgment does not address removing the buildings already there. ~'He reminded the Board that the right-of-way goes directly through the ' metal building on the Fayard parcel which needs to be moved within 60 /days. He said Collier County has been continuing the lease with the C-..Ackermans on a monthly basis and, hopefully, the situation can be ' resolved to move the building and not hold up four-laning the roadway. He mentioned there is a similar problem with the 7-11 building which ~'i does not conform to the required setbacks, and will need to be relo- '.i cared if the defendants want to occupy that building. In answer to Commissioner Volpe, Mr. Archibald responded if the ';idefsndants purchase the building with the land only to demolish it, the value Is very little to either the County or the defendant. ~.~: ,However, he said, if they relocate or leave the building in place, it 'wAll accrue substantial benefit which should be reflected in the property sale. Commissioner Saunders questioned if an agreement is not entered :iI' into with the Ackermans, what is Staff's recommendation regarding the ,1.7711 and Fayard buildings? Mr. Archibald stated the buildings will ¥ be torn down. >.:.: Commissioner Saunders commended Mr. Archibald on his report and ~..suggested the Board of County Commissioners direct Staff to continue c'.:worklng toward resolving the issue in favor of keeping the Ackermans :An business. Commissioner Volpe indicated his reservations with allowing the ; Ackermans to conduct the sale of gasoline on the site, because there are two gas stations already in the immediate vicinity which is ?i,:,nviro~mentaiiy sensitive. ': Mrs. Charlotte Westman pointed out that the two existing gas sta~ serve traffic traveling from Marco Island to U.S. 41 and the Ackermans' proposal would serve traffic going toward Marco Island on 'ithe' opposite side of a four-laned roadway. She then questioned how the Ackermans will be able to continue their operation if the building ;~needs to be removed or relocated within 60 days? Mr. Archibald stated either scenario, whether because of the four- February 19, 1991 of S.R. 951 with the contractor doing the removal, or if the ~rmane buy the building and remove it, will involve the necessity Operation closing down for a period of time. Westman inquired if bidding on Parcel 125R will be non- , to which Mr. Archibald responded that a State statute certain procedures be followed which involves advertising parcel for sale open to all bidders. Commissioner Volpe questioned if Staff has received approval from FDOT.for the four-way intersection of Manares Road. Mr. Archibald nothing has been received in writing, however, the State has .lapproached regarding the concept. This being a discussion item, there was no action required by the Clerk Hoffman repl&ced Deput~y Clerk Guevln at this tX~~'' ~0A ~ AMENDMENT IN AN AMOUNT UP TO $30,000 TO MEET STATUTORY !::]I~QUIREMENT$ TO FUND EXAMINATIONS OF ABUSED AND NEGLECTED CHILDREN COORDINATED THROUGH TH~ COLLIER COUNTY CHILD ADVOCACY COUNCIL/CHILD PROTECTION TEAM - APPROVED AND STAFF TO MAKE EFFORTS TO OBTAIN R~IM~UNS~M~NTS; STAFF TO PURSUE OPINION FROM ATTORNEY GENERAL Assistant County Attorney Manalich reported that on May 29, 1990, Commission directed staff to move forward and prepare to fund the costs for the Child Protection Team. He advised that the Attorney's position is that this matter is a mandatory require- of Section 41§.507 (4}, Florida Statutes. He revealed that it been brought to his attention that the Board's directire has not been.accomplished, and noted that no monies have been budgeted for fiscal year despite the Commission's previous action. He related presenting this item today to consider moving forward with mandate. County Attorney Manalich stated that he has been by Assistant to the County Manager Pike that the Social Department would administer this program if it is to be in accordance with the Statutes. 29 Page 9 February 19, 1991 Assistant County Attorney Manaltch indicated that Florida law is lar ae to whether billing information may be shared with the child · '~,~, .: ection team or whether it is confidential and therefore is recom- that the Office of the County Attorney be directed to seek an L0n from the Attorney General in this regard. He explained that provide that the County would be reimbursed by the reci- lierite of this service and in order to effectuate that recovery, [on would need to be shared with the child protection team. Brant County Attorney Manalich advised that there are no other ties that are funding this service, but it appears that there is a :of awareness by other child protection teams of the availability ,this funding source and historically, the Health and Rehabilitative Services of the State had been funding these teams at a level which ;itted them to function without turning to new sources. In answer to Commissioner Hesse, Mr. Manalich explained that the :hild protection team is willing to send two letters to the recipients service indicating that pursuant to law, they are required to reimburse the County. He cited that it is uncertain as to the degree · return since many of these people are indigent and transients, the effort will be made. He disclosed that the proposed ~agreement provides for an arrangement at the end of the year whereby the,County would be receiving data from the Child Protection Team a profile of their recipients of the service. '~Attorney Kathleen Passidomo, representing the Child Protection ,through the Collier County Child Advocacy Council, stated that shells'not certain of the steps that HRS has taken to obtain reimbur- .. . She indicated that the Team is willing to obtain retmbur- '?'~ ,. ~i' ' nt but the problem is that the names of the children may not be She remarked that an opinion is being sought from the General to ascertain the extent of the confidential~ty law notifying the County with respect to the names of the parents so collections may be obtained. ~swer to Commissioner Shanahen, Mrs. Passidomo reported that Protection Team provides many services to abused and ooo 30 Page 10 February 19, 1991 .ected children In Collier County: psychological and psychiatric nt, evaluation, and the coordination of services for children iaid through funds received by HRS. She revealed that the Team contract with Pediatrictan, Dr. Marring, who provides the tnt- examinations and evaluations at a reduced cost. She Indicated Dr. Marring specializes in this field. [(: Assistant County Attorney Manaltch explained that the County ~t0rney's office has interpreted the mandate of the funding for and evaluation purposes but not for treatment. :~:::~Oommtsstoner Volpe observed that the request is for approximately ,000 and questioned whether there is a mechanism for the County to se Dr. Martln~ on a b~llXn~ basis. y Passtdomo related that the lan~a~e in the Statute provl- es'~'-that reimbursement be made to the Child Protection Team for costs have been expended. She indicated that the Team would be sub- ,tttng a bill each month to the County for payment to be made within She Indicated that approximately 84,000 has been paid to Dr. since October. net Goodnight asked Social Services Director Skinner ~artment would be able to handle the billing. Mrs. Skinner =eplled In the affirmative, noting that she has a line Item in her in th, amount of 8200 ~or this purpose. In'answer to Commissioner Hasse, County Manager Dotrill replied he has not seen the budget amendment for this item, but belleyes ~hs monles would come from ~he Genera] Fund Reserve. Co~lse~oner Sh~ moved, seconded by CoaXesloner ~"C~FI~ ~t~ly, to ~end the 1990-91 budget in ~ ~o~t up :.t0"830,000 to ~et the 8tatuto~ retirements to f~d ex~lnattons of I~ ~ ~glected children coordinated through the Collier Co~ty ~lld ~oca~ Co~cll/Ch~ld Protectlon Te~ ~d staff to ~e eve~ ~elble effort to obtaln rel~sement of e~e; Co~ty Attorney,s to ~e oplnlon fro~ Attorney General with regard to the con- [ty law. :-'.,:' Page 11 February 19, 1991 i#11D ;~R~$OLUTION 91-18B AND INTERLOCAL AGREEMENT AUTHORIZING COLLIER COUNTY PAI~TICIPAT~ IN TH~ FLORIDA ASSOCIATION OF COUNTIES! COMMERCIAL - ADOPTED Finance Director Yonkosky stated that this item is a request for Commission to adopt a Resolution, creating the Florida Local Financing Commission and to authorize the Chairman to sign I~erlocal Agreement between Brevsrd County, Collier County and 8~u0ta County. Mr. Yonkosky explained that the Florida Association of Counties In unction with the law firm of Nabors, Gtbltn & Ntckerson and the istment banking firm of Morgan Stanley & Company have structured a %COmmercial paper program to allow local units of government to borrow money at a variable interest rate and at the most cost efficient ~d. He disclosed that the three counties as mentioned would be members. He indicated that Brevard County has approved the ; Sarasota County Is being presented with the Agreement today it is anticipated that they will approve same. ~31 :,i Finance Director Yonkosky expressed that it is recommended that ilthe Commission appoint Assistant County Manager McLemore and himself Collier County~s representatives on the Financing Commission. 'Yonkosky pointed out that adoption of the resolution and ' ' of the agreement has absolutely no commitment on the County g any money, and noted that staff wou~d be coming back at a later date in this regard. He indicated that this could be a vehicle for Interim financing I.e. road projects or any other type of .tm financing. ~':In answer to Commissioner Volpe, Mr. Yonkosky explained that staff ::has applied to Sanwa Bank, the Letter of Credit provider, to review ~',abiltty for Collier County to participate up to $14 million. He that this variable rate is much more attractive than the rate in the Line of Credit and this could be used as a :ute. Finance Director Yonkosky reported that should the Commission approve drawing money down under the Letter of Credit, the loan colla- 36 Page 12 February 19, 1991 would be a specific revenue plus a covenant to budget and )riate any available non-ad valorem monies. County Manager Dotrill announced that staff is merely asking for the'authority to Join the consorttums of Florida Counties who are together to lower the cost of issuance. '0ommissioner Shanahan stated that it appears that this is a good ,ib~siness ~udgment in attempting t6 provide money for Collier County at the(lowest possible market rates. O0~iseloner Volpe questioned whether a specific need has been lied for additional borrowing over and above the $20 million !that the County already has in place. Assistant County Manager McLemore disclosed that the initial pro- Je,¢t is $13 million for the interim financing for the roads and beyond i'.that, is the same items as reflected on the Line of Credit list. :' Co~aIeeioner Saunders ~oved, seconded by Co~-aleeloner Shanahah and carried unanimously, to authorize Staff to participate In the Florida A~eocimtlon of Counttee Couercial Paper Program and that Resolution ,85 be ~dopted. 37 Page 13 February 19, 1991 · 9~$ Moved fro~ 16H2 ~CCEPTANCE OF LESTER SZTTLEM~NT AGREEMENT - WITH MODIFICATIONS Commissioner Saunders advised that he requested that this item be ~emoved from the consent agenda and placed on the regular agenda due ~the publicity in the newspaper relative to the ultimate outcome of t 1 ement. y Manager Do=rill reported that there has been a great deal misinformation concerning the settlement. He noted that there was "a separate criminal case in this matter with respect to cruelty to mrlimale which has been resolved. He indicated that the second case was a civil matter to determine the ultimate disposition of the ani- ):'male. He explained that it is proposed that two of the animals, with their registry, be transferred and donated by Mr. Lester to Collier y. He explained that within one year, Mr. Lester is required to ~ell the remaining animals, noting that the sale may be better effec- trated by a horse broker or auction and it is mutually agreeable to locate the animals to a third site. County Manager Do=rill stated that the required sale must be an length agreement which is detailed in a provision within the ~'Settlement Agreement. He remarked that Mr. Lester, any relative or '!~orporation for which either he or a family member have been or will ii.be associated with prior to this time, are prohibited from having any ~nterest or ownership of those animals. He indicated that failure to by that provision will result in breech of the agreement and matter will be reopened in circuit court. County Manager Do=rill advised that at the time of sale Mr. Lester will,be responsible to continue to provide for all the boarding and feed related costs to maintain the animals and will be due and payable ~'~C~//~er Co%lnty with the exception of the two animals that the ~",::I~ answer to Commissioner Hasse, County Manager Do=rill stated any direct, out of pocket costs will be reimbursed to Collier in the upcoming year. He noted that the costs that have been by the County during the past three years and through 64 Page 14 February 19, 1991 11, 1991, amount to $23,878.90 and will be due and payable to County within the next 30 days. County Manager Dotrill related that Mr. Lester agrees to ge ownership and registry for these animals, personally, as opposed to any claim of ownership which may result from a corporation i"in terms of a subsequent case action Involved in this matter. He i~dl'~atsd that should any condition of the agreement be breached, the reserves the right to immediately re-file this petition with circuit court. County Attorney Cuyler advised that he has had discussions with 'Mr. Lester's counsel, Attorney Baker, regarding the inclusion of an additional provision in the agreement so that there is no possible pretatton which would allow the horses to go back to the Defendant and he has agreed to same. .: In response to Commissioner Hasse, County Manager Dotrill remarked that~the $23,000 for the preceding three years does not include labor ~0rmatntenance costs but noted that from this day forward, all and maintenance expenses would be paid by Mr. Lester. · Attorney Frank Baker, representing Donald E. Lester stated that ;~he believes that this matter has been very well discussed. He lndt- that his client is aware of the costs and they will be paid in 30 days. He explained that the horses will be relocated and '~i';ths .two horses as requested by the County will be donated immediately. Commissioner Volpe requested that Mr. Baker elaborate on Paragraph 12 of the Agreement, with respect to the assurance that at no time in the future will Mr. Lester come into possession, either directly or y, with the remaining horses. 'Attorney Baker advised that at the time the Agreement was drafted, 'some people believed that there was a one year limitation on same, but i~oted that this is not the intent of the Agreement. He reported that 2the horses are to be sold at an arms length transaction or an auction in the not too distant future. He indicated that these hor- 1 be placed in an different facility in open view and may be ~tnspected, at Mr. Lester's expense. 65 Page 15 February 19, 199! following persons spoke in opposition to the proposed ~tt~ement Agreement as drafted: Ms.,Helen Banks zMs. Ton! L. Martin Williams Mist, Beauchamp Is Jacobs Louise Mard Beatrice Schermerhorn il Cottongim ~Pat Pilcher Keschl ',['iThose persons speaking in opposition to the Settlement Agreement ¢~ed the following: the horses should remain in Collier County and a s of local horse people and the Humane Society would screen buyers; concerns regarding the horses going to auction since .. ks nothing to prevent Mr. Lester from having an emissary buy {'~' back; Mr. Lester should not be allowed to assist in the disbur- ;sement of the animals; a committee of volunteers and a representative ~:f~om ~he County should be formed to ensure that the sale of the horses would be conducted in a fair manner; all the animals with the excep- ,, of the gelding are untrained and the costs to train two horses fox"ia six month period would be approximately $6,000; concerns with ,ect to who would pay the transfer fees for the registry of these a~imals and suggestions that Mr. Lester be responsible for same; all horses should be sold; agreement should include an iron clad that prohibits the ownership of the horses from ever back to Mr. Lester; a committee should screen all prospec- , and the decision of the committee to be final; the g process and paperwork of registry are quite complex and could ~n great difficulties for persons unfamiliar with the proce- bures and a committee should be utilized for a smooth transition of sale of the animals; it is critical that the third party be known; y should not consider going into the horse business as it is -ve~ expensive hobby; and concerns regarding who would determine an price for the horses. Commissioner Saunders complimented all those who have shown an interest in the condition of not only the subject horses but all the Page 16 February 19, 1991 in Collier County. He stated that he believes that the pro- posed agreement is a sound one but suggested that modifications be made to same. Coma~selone~ Saunders moved, seconded by Commissioner Shanahen, to the Settlement A~Teement with the following modifications: no cir~tancea would Mr. Lester, his agent/representative or any family member ever be in control of these animals again, and if this does occur, it would be a violation of the court agreement and the entire matter would be re-opened with the possibility of prosecu- tlon= the third party that would take control of the horses, is to be &cceptabls to Mr. Lester, Collier County and the Humane Society; the Hn~a~e Society to be involved with Collier County in the observation of these anlmels and if there are any problems, they should be brought to the l~dtate attention of Staff= the location of the animals r~arding the third party custodian is to be in Collier County= and if two of the horses are to retained by the County, It has the option of y Baker voiced his concurrence with the modifications to ri'iagreement. '.11-lCommtssloner Volpe called attention to Page 2 Paragraph 5 of the iAg~eement: "...Should Respondent find the horses are not in good this Agreement shall be considered null and void." He suggested striking this Paragraph. ...;Attorney Baker explained that the intent of this language ls that if and when the horses are transferred to a third party in the future, that a committee would not imply that they are sick and question when condition occurred. "" '~i:i" Co~nlmsioner Saunders concurred with Commissioner Volpe'e to strike Paragraph 5 and amended his motion to reflect :~, aXld that upon Inspection, if the Respondent finds that the hor- ~ oxe not being properly cared for, he may come back before the iComlms~on. Commissioner Shanahen accepted the amendment. Commissioner Volpe observed that concerns have been expressed with to the disposition of the horses at an auction and questioned Page 17 February 19, 1991 whether a private sale should be utilized in lieu of an auction. L Attorney Baker stated that he does not believe that the people who are in the horse business would ask that those restrictions be :'placed on the sale of their horses since an auction is an upfront good deal. He requested that this restriction not be included in the Agreement )net Volpe inquired whether Mr. Baker would agree to amending the beginning language in Paragraph 6 at follows: "Within one year, Respondent, Donald E. Lester, shall sell said horses after written notification to Petitioner, Collier County, and or its representative..." % "Att0rney Baker replied in the affirmative. 0o~tsstoner Saunders amended his motion to include the verbiage ui~uggeated b~ Co~lseloner Volpe. Cou~ssioner Shanahah accepted ~ ~n~nt. 'fMs;~Pat Pllcher questioned why the f~gure that ls being d~scussed ~(only $22,000 - $24,000 and not $62,000 which is an ~temized docu- ~hat has been seen at Animal Control. County Manager advised that he has not seen such a document. He reported that there p~ev~ously a document, at one t~me, from the Animal Control ~cto~ who attempted to put a value on County labor as well as ~ted labor for grooming, washing and exercising of the animals, but ~t is very d~ff~cult to determine what volunteer labor is worth. >JHe ~nd~cated that the costs of $23,000 referenced in the Agreement :havebeen Itemized and there are receipts and purchase orders for ~e~'~hrough February ~lth. for the question, the motion carried unanimously. Page 18 ~'.~ . February 19, 199! 'Xt~' ~9C1 Hoved from 16C2 AMHNDMENT TO RECREATIONAL FACILITIES OF ~RICA, INC. CO~CT AT TIG~TAIL B~CH - ~PRO~D: SIGNATORY BLOCK TO ~FLECT P~SIDg~ OR VICE ~SIDK~ Assistant County Attorney Manalich stated that he requested that this item be removed from the consent agenda and placed on the regular agenda. He explained that the Executive Summary requests approval of an amendment to an ongoing contract for the provision of a service by Recreational Facilities of America Inc. He noted that the amendment provides for a suspension of the contract fees owed for December and January due to environmental conditions: weed growth and piping at the beach. He advised that the Parks and Recreation Advisory Board unanimously approved that suspension with the explicit proviso that the money is to be repaid since this is not a waiver of the fees. Assistant Gounty Attorney Manalich stated that upon further review of the amendment, he noted that the Signatory Block for the vendor reflects the name of "Bruce Maloomian", Secretary/Treasurer. He suggested that for enforceability purposes, it would be more appropriate for the President or the Vice President of Recreational Facilities of America, Inc. to execute the amendment. He requested that the amendment be approved, with the proviso that the President or Vice President execute same. Co~uatestoner Shanahan moved, seconded by Commissioner Hasse and carried unanimously, to approve the amendment to Recreational Facilities of A~erlca, Inc. contract and that the Signatory Block reflect the naae of the President or Vice President. Page ~9 February 19, 1991 'Item~9C2 ~ COASTAL ENGINEKRING CONSULTANTS, INC., REQUESTING APPROVAL OF THE MASTER PLAN FOR BONITA BEACH PARK - STAFF TO PRESENT MORE DETAILED REPORT K~GARDINO AN INTeRCONNeCT AND LELY'$ CONTRIBUTIONS Mr. Mike Dombrowskt, of Coastal Engineering Consultants, Inc., revealed that for approximately nine months discussions were held during the Joint Collier/Lee Commission Workshop with regard to the Bonita Beach and Barefoot Beach Park improvements. Mr. Dombrowski stated that Lee County has prepared and advertised RFP's for design, permitting and construction support services for the redevelopment of their park on the Lee County side. He related that he understands that the Collier County Commission instructed staff to participate with these improvements and the extent of same to be determined at a later time. He advised that in August, 1990, Coastal Engineering Consultants was awarded the contract for this work. Mr. Dombrowski disclosed that part of the scope of services of the contract was to optimize parking of the existing park, provide new restrooms, landscaping, parking, and to relocate the existing entrance to provide a safer configuration for accessing the site. He revealed that a site analysis resulted in the existing entrance being relocated to the northern portion of the project, the access road is meandered through the park to produce a park-like image and to increase the parking capacity from 85 to 100, and the Australian Pines within the park site will be removed and replaced with picnic shade structures. He indicated that there is a restroom facility located at the northern port/on of the park and the intent is to increase the capacity and relocate same to a more centralized location so that it could be uti- lized by the users of both Lee and Collier Counties. Mr. Dombrowski pointed out that the Collier County side of the park would provide the main access and noted that there will be added landscaping to provide a uniform park between Lee and Collier Counties. He indicated that there is an existing water management · problem, in that the parking lot has a tendency for flooding, and this will be addressed. In answer to Commissioner Shanahan, Mr. Dombrowskt advised that Page 20 February 19, 199! Lee County has budgeted $950,000 for design and construction costs. Mr. Dombrowski indicated that the Bonita Beach and Tennis Club is across the street from the park. He reported that he met with County Engineering Staff three weeks ago to discuss the entrance to the park, and noted that if in the future this intersection should be signa- lized, both entrance roads could utilize same. Commissioner Volpe questioned whether consideration was given to maximize the number of available parking spaces since beach access is critical. Mr. Dombrowski replied that this is one of the driving for- ces of the Master Plan, but noted that there was not sufficient available data in terms of the exact w~dths in thls area, but maxi- mizing will be a major concern at the time of the hard line drawings. Commissioner Volpe stated that he believes that the technical aspects of this plan should have been reviewed at length by the Parks and Recreation Advisory Committee with a recommendation provided to the Gemmission. M~. Dombrowsk~ explained that he is look~ng for a commitment from the Com~ission indicating concurrence to proceed with some type of design. He advised that the interconnect~on w~th Collier County ~s crucial to the Lee County project and if the Boa~d deckdes not to interconnect, re-designing of the plan will be required. He expressed that it was anticipated that within the next two weeks that submittals would be made to DNR/Beaches and Sho~es for a coastal construction permit° In response to Oommissioner Volpe, Mr. Dombrowski advised that Oollier County staff was involved with the plan at the conceptual design level but due to the change of staff and the work lead, it was p~t on hold. He noted that the plan proceeded on the premise that Coll~e~ County would eventually participate. He explained that the issues to be considered are whether the Commission desires an inter- connection, a unified park, o~ ~wo sepamate parks. Mr. Dombrowsk~ reported that one problem is that when the Lee Oo%%nty park is near or at capacity, the Collie~ County side is only ~/~ full since it does not have an identity of Its own and many people Page 21 February 19, 1991 are unaware that it is there. ': Commissioner Hasee stated that he is willing to consider these issues but suggested that staff review the various matters and present recommendations to the Commission. Commissioner Shanahah recalled that conceptually, the Commission sgreed to an interconnection and that there would be a Joint facility which would be in the mutual best interest of both counties. Commissioner Volpe observed that the majority of the improvements will be within Lee County and the Executive Summary identifies Collier County's costs at $85,000 for Coastal Engtneertng's Services and improvements. Mr. Dombrowkst revealed that Lely Development has indicated that they are willing to pay for some of the improvements of the access road to delete the entrance road from Lely Beach Boulevard. Acting Parks and Recreation Director Smith advised that staff has been working on this project with Lee County for several months. He stated that it has now reached the point where direction is requested from the Commission with regard to an interconnection, changing the entrance, etc., in order to proceed or not to proceed. He advised that he feels the interconnection would have a positive affect. With respect to moving the entrance to the west, in conjunction with the four laning of Bonita Beach Road, he indicated that the Transportation Department feels that this is a very good idea. Mrs. Emily Maggto, reminded the Commission that the Citizens Association of Bonita Beach collected $6,000 to be used in the paving of the Lee County side. She expressed disbelief that the Transportation Department is recommending ingress/egress on the curve of that road. She indicated that the entrance to Lely will have many people going in and out to the County Park and a few feet up from There, there will be another entrance and a light. She stated that if there is to be a light it should be located at the entrance to Lely. She further remarked that Lely has the obligation in their PUD to install a left hand turn lane by their entrance and they possibly have an obligation to Collier County for roadImprovements. 77 Page ~ ,u , February 19, ~991 '~i'~ ' Mr. George Keller, President, Collier County Civic Federation, reported that in the afternoon, traffic is backed up 1-1/2 - 2 miles on Bonita Beach Road. He indicated that these problems will be increased if there is only one main access to the park until the four laning on Bonita Beach Road has been completed. Mr. Dombrowski explained that there are currently two entrances to the Lee County Park on the curve of Bonita Beach Road. He advised that two entrances are proposed as follows: one to the north at the straightest point of the frontage; and the second entrance along the western edge of Collier County's Park is on the transition point of the curve to the straight edge of Bonita Beach Road and is approxima- tely 300' from Lely Beach Boulevard. eeeDepllty Clerk Arrtgh! replaced Deputy Clerk Hoff~an at this timeee$ Comm~ssioner Volpe queried that staff is requesting direction from the Board for an interconnection between the Collier County Park area and the Lee County park area to which Mr. Dombrowskt concurred. Commissioner Volpe noted that he does not see how an interconnection will benefit Collier County until a second access within the Collier County portion of the park is identified. He suggested that before the Board approve this master plan, an access be specified for Collier Co%~nty residents to enter the Collier County portion of the park because otherwise Lee County residents will be the only ones to bene- fit by improving the access noted. Mr. Dombrowski pointed out that Collier County's staff was involved in the conceptual design phase of the interconnection; however, if it is the desire of the Board, a cul-de-sac design can be used at the Lee County line and a double entrance will be provided. He noted that the design being presented is for a unified park for Lee and Collier Counties. Commissioner Goodnight indicated that the Board would like to have the interconnect, but needs information as to what connections will be made to the Collier County part of the park, what contribution Lely wtll make, how it will be signed, etc. so it will be a Lee and Collier Page 23 i<f~" February 19, 1991'! County community park. Commissioner Saunders stated that the Board has shown a ./. willtn~ness to work with Lee County. but there has not been documented information provided to base a decision for direction to staff as to whether an interconnect or second access to the park is desirable. He suggested that staff bring back a report informing the Board of what :.i the options are as well as the benefits to Collier County and Lee County. Contsstoner Huse ~oved, seconded by Commissioner Shanaban, that direction be given to staff to bring back to the Board the plans for an interconnect for the Bonita Beach Park with an analysis of contributions regarding the methods and possible locations for building another entrance to the park from Collier County, and what legaltries are involved in providing the second access. Commissioner Saunders stated that he will vote against the motion because he does not want to lead the public into thinking that the interconnect has been approved by the Board. County Manager Dotrill advised that staff will bring back the information requested in the motion and suggested that further dell- berattons on the subject be held after the Board has met with Lee County regarding the project. Commissioner Volpe requested that the report be available for the Board before the Lee County meeting to which County Manager Dotrill concurred. Commissioner Volpe added that another alternative to vehicular access which should be reviewed is making the beach more accessible from both counties with pedestrian paths. Upon call for the question, the mot/on carried 4/1 (Commissioners opposed). Tape PELICAN BAY IMPROVEMENT DISTRICT LANDSCAPE CONTRACT RESCINDED FROM LAND DESIGN AND AWARDED TO RB LAWN SERVICES, INC. Mr. Ward, Assistant District Manager of the Pelican Bay Improvement District, informed that at the request of the Board the Page 24 February 19, 199! award of the bid for the Pelican Bay Improvement Dtstrlct right-of-way maintenance contract for 1991 and 1992 was asked to be reconsidered. He explained that the agreement is for one year with the option to renew for an additional one year period. Co%lnty Attorney Cuyler advised that in research on the legal/ties of reconsidering a bid awarded, he has found that once a bid has been ~ awarded and notice has been sent to the party, it becomes a pivotal point in the process with a significant possibility of liability based '~il on a breach of contract because of the action to reconsider and award { the bid to another party. He recommended that the Board not recon- elder the contract or award it to another party unless there is a :' basis for fraud, collusion, unfairness, illegalities, etc. In response to Commissioner Volpe, Mr. Ward pointed out that bid proposals do not specifically require that the party award the bid response in writing that they have accepted the award. He informed that he has talked to Land Design, and they have accepted and are exe- ,curing the contract as awarded by the Commission. County Attorney Cuyler explained in answer to Commissioner Volpe that the three contractors have their separate considerations; and therefore, if one does not accept their awarded portion, the entire contract is not negated. He noted that the portion not accepted would . . be rebtd. Commissioner Shanahah stated that the reasons he requested to have the entire contract reconsidered are because of his concern that the Board awarded the contracts in excess of $100,000 over the options ~ presented which was enforced by the number of phone calls, and that RB / Lawn Services, Inc. did not feel they were fairly and equitably heard. He added that he too feels it unfair that RB Lawn Services, Inc. was turned down on portions of the contract partly because they did not ;~' have the manpower and/or the equipment since he has subsequently ::' received a letter from Lawn Design stating that they have had to spend a si~ntficant amount of money since they have been awarded the contract for equipment, material and manpower. Gerald McKenzie, representing RB Lawn Services, Inc., stated that $o Page 25 '~,' ' February 19, 1991 he has concerns regarding the process in awarding the contracts for the Pelican Bay landscape service in a manner that cost the County more than necessary and the fairness in this process. He indicated that because there is not a written acceptance for the bid, there is an opportunity to reconsider the contracts. He noted that they would l~ke to see fairness for all parties including minorities. He pointed out that RB Lawn Services, Inc. was the low bidder for the project allowing for less cost to the citizens. Me cited that the indication has been given that RB Lawn Services, Inc. does not have the qualifi- cations to do the project; however, he added this is not true because they do have the commitment to produce quality work at the lowest price which is what is being required. He questioned what the priori- ties are of the bidding process. In referring to the handout he pro- vided for the Board, Mr. McKenzie pointed out that it shows that RB Lawn Services, Inc. is the low bidder for the entire project, yet they received less than 10~ of the contract resulting in the taxpayer having to pay considerably more in costs. He explained that they feel they can do the project for this price because they are very effi- cient, allowing them to keep their costs down. He called attention to the letters of recommendation that RB Lawn Services, Inc. provided regarding their excellent work in Collier County. In response to indications given by Mr. McKenzie, Commissioners Saunders and Volpe clarified that they did not know anyone personally from any of the bidding companies involved. Mr. Ward affirmed that because of the work Jacaranda is doing presently in the Pelican Bay area, he is familiar with them, but he added that prior to this bidding process he did not know the other two bidders. Alex Castro, RB Lawn Services Administrator, noted that the information provided to the Board shows that their bid is accurate and that there is no Justification for a bid to be twice the amount of theirs. He commented that their financial statements are sound, their reputation is good, and they have enough equipment to do a very com- petent Job. Commissioner Saunders clarified that the reason he voted with the Page 2 6 ~'i - February 19, 1991 ' recommendation presented when this item was before the Board was ~' because the amount of the RB Lawn Services' bid was so low, he felt they would be back before the Board requesting an increase in the amount of the contract. He questioned why Mr. Castro did not speak at the previous hearing when the contract was voted on? Mr. Gastro explained that he was not aware at that time that he could contest ~[!/ what was being said. Gommissioner Saunders commented that unfor- tunately at this time there does not seem to be any way to change the outcome. Gommissioner Volpe pointed out that this is the subject of a bid ~'~:'"protest. Anthony De Los Rios, Vice President, General Manager of RB Lawn ?:~ Services, Inc., presented pictures of the projects they service showing their expertise in the landscaping business and the pro- fessionaltsm of their staff. Mr. Ward commented that there was information required from each · bidder regarding their financial status, and from RB Lawn Services, Inc. a number of inconsistencies were noticed. He related that in reviewing the resumes of the key employees of RB Lawn Services, Inc. it was found that there is not a strong background in lawn care and limited amount of experience. Commissioner Saunders asked for an explanation as to why it was felt that RB Lawn Services, Inc. could not accomplish the contract for the amount they bid? Mr. Ward related that RB Lawn Services, Inc. failed to recognize that there were substantial changes from the :~' contract of lg88 for Pelican Bay such as the considerable amount of ': landscaping that has been installed. He pointed out that for a number of years it has cost six cents more per square foot for landscaping in Pelican Bay than what RB Lawn Services, Inc. bid, and questioned how it could be so much cheaper now. Mr. Ward clarified that he has no financial relationships with any .!~ of the contractors that have bid th~s Job. He pointed out that he is only recommending as part of his Job, the best way in which to provide the services required for the Pelican Bay community. Page 27 February 19, 1991 In response to Commissioner Volpe, Mr. Ward affirmed that RB Lawn Services, Inc. went through the same bid review as did Land Design [.~. Systems. He explained that this same process was not used for .' Jacaranda because they have been servicing Pelican Bay for a number of . years and he did not feel it necessary to do so. Michael Mcgee of Mcgee and Associates, landscape architect con- sultant for RB Lawn Services, Inc., stated that the districts that have contracted wlth RB Lawn Services, Inc. have been pleased with their services. Russ Mudge, resident of Pelican Bay, informed that after reviewing the files regarding this landscaping contract, he supports the recom- mendations by Mr. Ward. He added that change in the awards now would present legal problems. He cited that the Pelican Bay MSTBU Advisory · Board can review this issue next year when the bids are awarded for the landscape services. Alex Rey, owner of Land Design Systems, commented that his busi- hess has been active in Collier County for over four years and does have a place of buslness in Collier County. He informed that he feels that ths bid process was handled very fairly and professionally. He potnted out that he is a member of the minority; however, the contract should be awarded on merlt. He advised that the scope and size of this project has increased considerably from the 1988 bid; therefore, the cost would include more than an inflationary increase. He explained that because of the portion of the contract he was awarded unique equipment needed to be purchased for the lake area. David Boose of Jacaranda, stated that they have concentrated on the Pelican Bay area for some time and will continue to give the best <:,~,.. possible service. Fred Tarrant, representing taxpayer action groups, noted that the process of bidding is to come up with the lowest bidder to do the Job, and unless the lowest bidder is unqualified to do the Job it should be awarded to that firm. i~1'3.'. County Attorney Cuyler reiterated that once a bid is awarded and formal notification has been made, the contract is in place, and the Page 2 8 February 19, 1991 Board is subject to legal action. Commissioner Volpe Indicated that if the bid had not been awarded he would have recommended RB Lawn Services, Inc. be awarded the contract, but based on legal advice, he does not feel this is possible at this time. Mr. De Los Rios informed that he has not received notification of the portions of the contract that he supposedly has been awarded. Mr. Ward advised that a letter has been sent via regular mall to Mr. De Los Rios informing him of the award at the same time the other notification letters were sent. Contestoner Shanahah moved, seconded by Conisstonsr Hmsss, that the Pelican Bey Improvement District /andscape bid be rsawmrded, leaving the portlon awarded to Jacaranda as is and to award the reminder of the contract to RB Lawn Services, Inc. Commissioner Volpe suggested that the complete contract be awarded to RB Lawn Services, Inc. since they are the low bidder and allow them the opportunity to prove themselves, and added that he would support a motion to thls affect. Purchasing Director Steve Camell informed that the recommendation from staff at the January 15, 1991 hearing was to award the contract wlth Proposals A and C being awarded to Jacaranda and Proposals B and D being awarded to RB Lawn Services, Inc. He explained that the contract was awarded with Proposal A going to Jacaranda, Proposal B going to Land Design and Proposal C and D going to RB Lawn Services, Inc.; and added that the proposal today is to award Proposal B to RB Lawn Services, Inc. also. He clarified that staff's recommendation on January 15, 1991 was different than Mr. Ward's recommendation which was to exclude RB Lawn Services, Inc. from the contract completely based on them being unqualified. He noted that the decision of the Board was to award the two small portions of the contract to RB Lawn Services, Inc. to give them a chance to prove themselves. In response to Commissioner Shanahah, Mr. Carnal1 stated that there are many ways to split the contract up and each Just as valid as the other. 84 February 19, 1991 Commissioner Shanahan explained that because Jacaranda has been serving Pelican Bay for four years, therefore, allowing for a level of comfort, he suggested splitting the contract between RB Lawn .Services and Jacaranda. in response to Commissioner Hasse, Mr, Ward replied that there is a provision In the contract which states that the contractor Is liable for any damaged materials which have been caused by them. Upon call for the question, the motion carried 3/2 (Commissioners Saundmra and Volpe opposed). see Recessed: 4:05 P.M. - Reconvanad: 4:15 P.M. at which time Deputy Clark CuevAn replaced Deputy Clerk Arrtghi ''' Item ~9G! COOPERATIVE A~REEMENT BETWEEN THE COUNTY AND BIG CYPRESS BASIN/SOUTH FLORIDA WATER MANAGEMENT DISTRICT - APPROVED Mike Slayton, Administrator of Big Cypress Basin Board, mentioned that subsequent to the reports being submitted to the Board, the attorneys for the South Florida Water Management District (SFWMD) and the County have agreed upon additional liability language that mutually provides clarifications. He concluded that the.Big Cypress Basin Board as well as the SFWMD Governing Board have unanimously approved the agreement. Mrs. Charlotte Westman, representing the League of Women Voters of Collier County, endorsed the cooperative agreement. Commissioner Shanahen commented that $77,460,000 is the total approximate cost for the capital improvements of the stormwater system. He questioned if $11.5 million will be used out of that uti- lity for the water level control structures? Mr. Slayton advised the capital improvements that the Big Cypress Basin is responsible for will come from the Bastn's ad valorem funding source. Com~isstoner Volpe Inquired if this agreement takes into con- siderations past discussions regarding overall responsibility for the basins, involving the possibility of a separate utility under Collier County authority taking on additional responsibilities? Bill Lorenz, Environmental Services Administrator, responded this agreement includes capital improvements, operations and maintenance Page 30 February 19, 199! split between primary and secondary systems. He advised the primary system, in terms of capital improvements, involves the Basin Board being responsible for the water control structures with the County responsible for capital improvements along the lines of channel crossings. In answer to Commissioner Hasse, Mr. Slayton replied that the weed harvesters purchased with GAC funds will be used In the parts of the primary canals that are also part of the original GAC canal system. He said the secondary canals will be the responsibility of the County work crews. John Boldt, Water Management Director, further clarified that two of the three weed harvesters purchased with those funds will be trans- ferred to the Big Cypress Basin along with the responsibility for their operation and maintenance, with the remaining harvester to be utilized by the County. He said all three will continue to be used only within that canal system. Commissioner Shanahah expressed his concern regarding homeowners and/or homeowners associations whose responsibility it is for canal maintenance, and who are not properly maintaining their canals. He indicated someone should be responsible for communicating with them to ensure they are performing their obligations. Mr. Boldt indicated that in large part, the canals are being main- rained properly, however, the County may need to consider taking over their maintenance at some point in the future. In answer to Commissioner Volpe, Mr. Slayton clarified that the detailed basin study which is to be paid for by Collier County is necessary in order for the Big Cypress Basin to spend its ad valorem funds on capital improvements for water level control structures within the various basins. Co,~issioner Shanahah moved, seconded by Commissioner Hasse and carried unanimously, to approve the Cooperative Agreement between the CountF and Big Cypress Basin/South Florida Water Management District. 86 Page 31 February 19. 1991 Item ~120 COUNTY MANAGER TO R~CEIVE WRITTEN REQUEST FROM COMMISSIONER SHANAHAN THAT DISCUSSION OF MOBILE COMMAND VEHICLE BE PLACED ON 2/26/91 AGENDA FOR RECONSIDERATION Commissioner Saunders referred to a survey he submitted to the Board regarding the types of mobile command vehicles being utilized by several other counties in Florida. He indicated the majority of coun- ties surveyed have taken a much more austere approach than Collier County by making use of old school buses donated or purchased for very little, which have then been outfitted for mobile command purposes. He mentioned he has received a phone call from a resident in the com- munity who has volunteered to donate a 40-foot long coach van to Collier County which appears may satisfy the needs of the vehicle portion of the mobile command rig. He suggested that Staff be i" directed to inspect the proposed donation. He asked that the Board reconsider its previous vote author/zing the acquisition of the $24?,000 mobile command vehicle. He noted it will require a Board member who voted in the majority to request reconsideration of this item. Commissioner Shanahan agreed that there is a potential for con- siderable savings and indicated he will make the necessary request. The following people spoke in favor of reconsidering the pre- vtously approved mobile command vehicle: Gilbert Erltchman Richard Loeber Fred Tarrant George Keller Lois Loeber Ron Pennington It was the consensus that Commissioner Shanahan will send written notification to County Manager Dotrill to request the mobile command vehicle be placed on the agenda of 2/26/91 for reconstderatton. Item #9G3 R~SOLUTION 91-186 CERTIFYING A SUPPLEMENTAL &SSESSMENT ROLL FOR MANDATORY GARBAGE COLLECTION FEES FOR THE 1991 SERVICE YEAR - ADOPTED Assistant County Attorney Weigel explained this item was moved from the Consent Agenda for further clarification of the exhibit to the resolution concerning an amendment to the special assessment roll. He said the list contains 2,924 residential units to be added to the Page 32 February 19, 1991 roll pursuant to Section 15 of Collier County Ordinance 90-30. Co~ssionsr Shanahah moved, seconded by Couiss~oner Hasse and carried unanimously, to adopt Resolution ,91-186 csrtify~ng a supple- laental a~ses~aent roll for mandatory garbage collection fees for the X991 urvAce year. In answer to Commissioner Saunders, Mr. Weigel indicated that the ordinance will be brought back to the Board during March with an amendment addressing quarterly collection fees as opposed to the current lump sum payment once per year. County Manager Dotrill warned that unless quarterly payments are rigorously enforced, the Board will run the risk of a rate increase, because there will be many people expressing the opinion that they should only pay for collection during those months they spend in Collier County. Page 33 February 19, 1991 Tom Olliff, Assistant to the County Manager, noted this is an error, because this item was approved as Item #1602 under the Consent Agenda. R~$OLUTION 91-187 REAPPOINTING MICHAEL PEDONE AND TIMOTHY CONSTANTINE AND APPOINTING NICE VARIg TO THE COLLIER COUNTY CODE ENFORCEMENT BOARD - ADOPTED Commissioner Hasse suggested that Timothy Constantine, Mark Lamoureaux and Michael Pedone be reappointed to the Code Enforcement Board. Commissioner Shanahan agreed the members have done an excellent Job, however, he would like to see new people on the board whenever possible. He nominated Nick Varte to replace Mark Lamoureaux. Commissioner Saunders suggested that Mr. Varie replace Mr. Pedone, followed by a suggestion by Commissioner Vo]pe that the board should include an architect. He nominated Robert Pahl. Commissioner Shmnahmn loved, seconded by Commissioner Hasse and carried unanimously, to adopt Resolution 91-187 reappointing Michael Pedone and Timothy Constantine and appointing Nick Varie to the Collier County Code Enforcement Board. Page 34 February 19, 1991 ~SOL~TTIOR 91-188 AVT~ORIZIRG TNE ISSUANCE BY COLL/ER CO~ OF BONDS NOT TO ~CEED $18,000o000 TO FIRARCE T~E ACQUISITION BTADIDM A)gD IACI~ITIES, PLEDGING & PORTION Ol TNE TOURIST DEVELOPMERT TA~ - ADOPTED County Attorney Cuyler explained there is reason to believe a validation proceeding on this bond issue may be challenged. He said if that takes place and an appeal is taken, he anticipates at least one year will pass, therefore, suggested the validation process should begin as soon as possible. In answer to Commissioner Hasse, County Attorney Cuyler replied no financial expenditures are involved at this point in time, other than the possibility of court costs if the County is challenged. Commissioner Volpe expressed he is not in favor of going forward with bond validation until Collier County has a firm commitment with a specific baseball team. Commissioner Saunders stated for purposes of clarification, the bond validation will inform all interested parties who may wish to challenge the legal authority of the County to issue bonds to build a baseball stadium, that challenges must be filed during this validation proceeding. He said once the proceeding has been concluded and the appeal per/od has expired, there can be no collateral challenges to the authority to Issue the bonds. He commented the voters of Collier County approved the one cent tourist tax for the baseball stadium, and the Board of County Commissioners is committed to pu. rsutng nego- tiations for a baseball team. He concluded the County is not obli- gated by this validation process to incur any actual expenses for the project; rather, this will eliminate any lawsuits challeng/ng the Oounty's legal authority to issue the bonds at some point in the future. Commissioner Shanahah communicated he has received many phone calls from people concerned that a vote in favor of this item will be approval of $15,000,000 in bonds, which is incorrect information as confirmed by Commissioner Saunders and County Attorney Cuyler. Page 35 February 19, 1991 The following people spoke against authorizing the issuance of bonds for a baseball stadium, stating the citizens of Collier County are concerned they may be obligated to pay any shortfall in the funds collected through the tourist tax: George Keller Richard Losbet Louis Daniel - left meeting - Fred Tarrant provided letter with his concerns Assistant County Manager McLemore pointed out that it has been established that the baseball team will underwrite any shortfall in the anticipated tourist tax funds. Commissioner Shanahah stated he is in agreement with what the Cottnty Attorney's Office is attempting to do. He indicated this discussion is very beneficial, because it will clear the misun- derstanding of citizens concerned with what will be accomplished by the validation. Commissioner Volpe reiterated his concerns that this action is premature because there is no contract at this time with a baseball tealeo Commissioner Saunders stated he will not vote in favor of this item ulltil the Board of County Commissioners is unanimous in upholding the decielon of the taxpayers of Collier County approving the use of tourist tax funds for a baseball stadium. Commissioner Goodnight remarked that the citizens of Collier County by a majority vote asked the Board to proceed with the baseball stadium, and to do so quickly. Commissioner Saunders questioned if a motion had been made, to which Commissioner Shanahan indicated in the affirmative. Based on the above conversation, a motion was intended but never mde by Contssioner Shanahen, and seconded by Commissioner Hesse, to · pprove the Tourist Development Tax Bond Resolution and authorize the CountF~s Bond Counsel and the County Attorney's Office to proceed with bond validation. Upon call for the question, the vote was 3/2 (Conlsstonere Volpe and Saunders opposed), therefore Resolution ~91-188 was adopted. sis After conversation with the County Attorney's Office, it was Page 36 February 19, 1991 determined t~t this ttsn would be on the 3/5/91 agenda for clarifica- tion of the vote. ,,s ~ ooo ~1o8 Page 37 BUDGET A)~NDI~NT 91-94 - ADOPTED Commleeloner Shanaban moved, seconded by Conicsloner Hasse and carrted unani~ou~Z¥, to adopt Budget A~end~ent 91-94. ~tem #11A3 BUDGET AI~ND!~NT RESOLUTION 91-13 - ADOPTED February 19, 1991 Page 38 Commtsetoner Shanaban moved, seconded by Commissioner Hasse and carried unanimously, to adopt Budget Amendment Resolution 91-13. Item ,12B CHAIRNAN AUTHORZZED TO SIGN NACO AWARD APPLICATIONS February 19, 1991 Co,,~testoner Saunders moved, seconded by Contsstoner Shanaban and c~rrled unanimously, that the Chairman be authorized to sign the NACO ~mrd &ppllcattons. ~ ooo ~,~ 173 Page 39 February 19, 1991 · '' Commissioner Shanahen moved, seconded by Commissioner Hesse and carried unanimo%tel¥, that the following items under the con- sent agenda be approved and/or adopted: '*' Item ~ISA1 FINAL PLAT OF "CASTELLO PROFESSIONAL CENTER" APPROVED FOR RECORDING Item ~16A2 SECURITY ACCEPTED FOR EXCAVATION PERMIT NO. 59.406 "PARADISE POINTE R.V. RESORT, PHASE I", LOCATED IN SECTION 12, TOWNSHIP 51 SOUTH, RANGE 26 EAST See Pages ? SECURITY ACCEPTED FOR EXCAVATION PERMIT NO. 59.389 "HAWKSRIDGE", LOCATED IN SECTION 23r TOWNSHIP 49 S.OUTH~ RANGE 2§ EAST See Pages 7/ Item #16A4a RESOLUTION 91-173 PROVIDING FOR ASSESSMENT OF LIEN FOR THE COST OF ABATEMENT OF PUBLIC NUISANCE ON LOT 15, BLOCK 224, UNIT 6 PART 1, GOLDEN GATK,..OSWALDO AND NOEMY AYMAT Item ~16A4b See Pages RESOLUTION 91-174 PROVIDING FOR ASSESSMENT OF LIEN FOR THE COST OF ABATEMENT OF PUBLIC NUISANCE ON LOT 7, BLOCK 2 OF THE FRED WHIDDKNS SUBDIVISIONf ROBIN RILEY BURCH See Pages Item ,16A4c RESOLUTION 91-175 PROVIDING FOR ASSESSMENT OF LIKN FOR THE COST OF ABATEMENT OF PUBLIC NUISANCE ON LOT 4, BLOCK 10, NAPLES MANOR ADDITIONr MAGDA L. RODRIGUEZ, REGISTERED AGENT FOR ERNEST0 RODRIGUEZ See Pages ~ 7&' ~ 7~ Item #16A5 RESOLUTION 91-176 GRANTING PRELIMINARY ACCEPTANCE OF THK ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF 'LELY RESORT PHASE ON~f PHASE 1A" - WITH STIPULATIONS Accept the Construction, Maintenance and Escrow Agreement (posted with the Clerk) as security for maintenance of the infrastructure until the Board of County Commissioners grants final acceptance of all improvements. Preliminary acceptance of improvements will not become effec- tive until water and sewer facilities have been conveyed to Collier County Water-Sewer District. see Page ~7~ RESOLUTION 91-177 GRANTING PRELIMINARY ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AND SETFER IMPROVEMENTS FOR THE FINAL PLAT OF "LELY ISLAND ESTATES" - WITH STIPULATIONS Accept the Construction, Maintenance and Escrow Agreement (posted with the Clerk) as security for maintenance of the Page 40 February 19, 1991 infrastructure until the Board of County Commissioners grants final acceptance of all improvements. 2. Preliminary acceptance of improvements will not become effec- tive until water and sewer facilities have been conveyed to Collier County Water-Sewer District. See Pages a 77 Item ,16A? R~$OLUTION 91-178 GRANTING PRELIMINARY ACCEPTANCE OF THE ROADWAY, DRAIN&gE, WATER AND SgVs~ER IMPROVEMENTS FOR THE FINAL PLAT OF "PLANTATION UNIT TWO" - WITH STIPULATIONS Accept the cash deposit (posted with the Finance Department) as security for maintenance of the infrastructure until the Board of County Commissioners grants final acceptance of all improvements. Preliminary acceptance of improvements will not become effec- tive until water and sewer facilities have been conveyed to Collier County Water-Sewer District. See Pages Item #16A8 R~SOLUTION 91-179 GRANTING FINAL ACCEPTANCE OF THE "TRADE CENTER OF NAPLES" ~ RELEASE OF SECURITY See Pages r.~a-~EA~ AND WATER AND S~WER FACILITIES ACCEPTED FOR CRYSTAL I.%E~ R.V. RESORTf PHASE II - WITH STIPULATIONS The water and sewer facilities to serve the project cannot be placed into service and no Certificate of Occupancy shall be Issued until the Florida Department of Environmental Regulation furnishes a letter authorizing the placement of the sewer system into service and approving the water distri- bution system for service. 2. Bacteriological testing has met the County's requirements. The Fire Flow requirements of the project have been satisfied, and the Fire District furnishes a letter accepting the fire hydrant(s) for ownership and maintenance. See Pages OR Book /&,a~ Pages _~.~ _~- Item;16AlO RESOLUTION 91-180 GRANTING PRELIMINARY ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "CRYSTAL LAKE R.V. RESORT, PHASE TWO" - WITH STIPULATIONS Accept the Irrevocable Letter of Credit and Personal Bond previously posted with the Clerk as security for maintenance of the infrastructure until the Board of County Commissioners ~rants final acceptance of all improvements. Preliminary acceptance of improvements will not become effec- tive until water and sewer facilities have been conveyed to Collier County Water-Sewer District. Page 41 February 19, 1991 See Pages Item #16Al1 MATER AND SEWER FACILITIES ACCEPTED AND S~WER LEASE FOR PLANTATION, UNIT TWO - WITH STIPULATIONS The water facilities to serve the project cannot be placed into service and no Certificate of Occupancy shall be issued until the Florida Department of Environmental Regulation furnishes a letter authorizing the placement of the sewer system into service and approving the water distribution system for service. 2. Bacteriological testing has met the County's requirements. The Fire Flow requirements of the project have been satisfied, and the Fire District furnishes a letter accepting the fire hydrant for ownership and maintenance. 0. Item #16A12 MATER FACILITIES ACCEPTED FOR VARI-CARE A/X/A THE RENAISSANCE - WITH STIPULATIONS The water facilities to serve the project cannot be placed into service and no Certificate of Occupancy shall be issued until the Florida Department of Environmental Regulation fur- nishes a letter authorizing the placement of the sewer system into service and approving the water distribution system for service. 2. Bacteriological testing has met the County's requirements. The Fire Flow requirements of the project have been satisfied, and the Fire District furnishes a letter accepting the fire hydrant for ownership and maintenance. OR Book ~ Pages /~;~/~'-/~'~7 Item #16A13 - corrected MATE]~AND SEWER FACILITIES ACCEPTED FOR LELY RESORT, PHASE ONE, PHASE 1A AND LELY ISLAND ESTATES, TRACT 8 - WITH STIPULATIONS The water facilities to serve the project cannot be placed into service and no Certificate of Occupancy shall be issued until the Florida Department of Environmental Regulation fur- nishes a letter authorizing the placement of the sewer system into service and approvinG the water distribution system for service. 2. Bacteriological testing has met the County's requirements. 3. The Fire Flow requirements of the project have been satisfied, and the Fire District furnishes a letter accepting the fire hydrant for ownership and maintenance. OR Book ~ Pages ~/al IRREVOCABLE STANDBY LETTER OF CRHDIT NO. 16054 ACCEPTED AS SECURITY FOR IMPERIAL SQUARE Page 42 February 19, 1991 RESOLUTION 91-18! GRANTING PRELIMINARY ACCEPTANCE OF TH~ ROADWAY, DRAINAGE, WATER AND S~W~R IMPROVEMENTS FOR THE FINAL PLAT OF "PELICAN HAY UNIT 13r EXCKPTING NORTH POINTE DRIVE" - WITH STIPULATIONS 1. Accept the Performance Bond (posted with the Clerk) as security for maintenance of the ~nfrastructure until the Hoard of County Commissioners grants final acceptance of all improvements. 2. Preliminary acceptance of ~mprovements will not become effec- tive until water and sewer facilities have been conveyed to Collier County Water-Sewer D~str~ct. See Pages .... A 95 REVISED AGREEMENT WITH NATIONAL GUARDIAN CORPORATION TO CONTINUE EMKRGKNOY ALERT/RESPONSE SERVICES UNDER ELDERLY PROGRAM ADMINISTERED BY COLLIER COUNTY SERVICES FOR SENIORS - IN THE AMOUNT OF $6f700 See Item ,1502 moved to 9C1 Item RESOLUTION 91-182 EVIDENCING THE WILLINGNESS OF COLLIER COUNTY TO COMPLY WITH THE STATE OF FLORIDA, DEPARTMENT OF NATURAL RESOURCES PERMIT NO. C0-277A FOR TIGKRTAIL BEACH See Pages Item ,16C4 ~oved to 9C2 Item ,16C5 CRAIGHEAD LABORATORY AGRKEMF. NT WITH THE SOUTHWEST FLORIDA ARCHAEOLOGICAL SOCIETY RESCINDED AND MEMBERS OF THE SOCIETY RECOGNIZED AS COLLIER COUNTY MUSEUM VOLUNTEERS FOR PURPOSES OF RELIKVING ADDITIONAL LIABILITY INSURANCE Item ,16D1 RESOLUTION 91-183/RESOLUTION CWS-91-1 AUTHORIZING THE ACQUISITION OF TEMPORARY CONSTRUCTION EASEMENTS AND PERPETUAL NON-EXCLUSIVE WELL SITES AND PIPELINE EASEMENTS REQUIRED BY THE COLLIER COUNTY WATER-SEWER DISTRICT WHICH ARE NECESSARY FOR THE CONSTRUCTION OF THE GOLDKN GATE WELLFIELD EXPANSION, PHASE III See Pages ._~ --*-~O ~ Item ,16D2 FINAL PAYI~KNT IN THE AMOUNT OF $12,250 TO T. A. FOESBERG, INC. OF FLORIDA, CONTRACTOR FOR "SOUTH COUNTY REGIONAL WASTEWATER TRANSMISSION FACILITIES" - CONTRACT NO. 1 AND ACCEPTANCE OF SAID FACILITIES Item ,16D3 FINAL PAYME1TT IN THE AMOUNT OF $168,624.15 TO DOUGLAS N. HIGGINS, INC., OF FLORIDA, CONTRACTOR FOR "EAST & SOUTH NAPLES WAST~IATER COLLECTION FACILITIES" - CONTRACT NO. · AND ACCEPTANCE OF SAID FACILITIES Page 43 February 39, 199! Item #16F1 KESOLUTION 91-184 AUTHORIZING APPROVAL, F~ECUTION AND ACCEPTAlICE OF AN AGR~EI~T BETWEEN THE STATE OF FLORIDA DEPARTNENT 0F COMMUNITY AFFAIRS AIID COLLIER COUNTY REGARDING CERTAIN EMERGENCY MAI/AGEMENT RELATED ACTIVITIES Item #16G1 LITTER FRL~rENTION GRANT FOR 1991 ACCEPTED ~ APPROPRIATE MATCHING FUND~ PROVIDED Item #16~2 moved to 903 Item #16H1 deleted Item ,16E2 ~oved to 9E3 Item ,16E3 ~X~CUTION OF CONSENT ORDER FROM T~ ~ORZDA DEP~~ OF ~ZRO~~ ~G~TZON ~TZ~ TO MITIGATION ~QUI~S AT C~ P~S P~ See Pages Item ,1631 CERTIFICATES OF CORRECTION TO THE TAX ROLLS AS PRESENTED BY THE PROPERTY APPRAISER 1990 TAX ROLL N0~ Date 193/202 2/7/91 1990 TANGIBLE PKRSONAL PROPERTY 1990-74/1990-77 Item ,145 MISCELL/LI~EOUS CORKESPONDENCE - FILED AND/OR REFERRED 2/6/9Z-2/8/91 The following miscellaneous correspondence was flled and/or referred to the various departments as indicated below: 1. Memo dated 1/31/91 to All Cities and Counties from Harry Hooper, Director, Division of Alcoholic Beverages and Tobacco, Department of Business Regulation, re: Distribution of Alcoholic Beverage License Fees. Copies to BCC, Don Hunter, and filed. 2. Memo dated 1/28/91 to All Interested Local Economic Development Organizations and Local Governmental Entities from Mary Helen Blakeslee, Chief, Bureau of Business Assistance, Division of Economlc Development, Department of Commerce, re: 1991 Eunice Sullivan Economic Development Internship Program. Copy to Neil Dotrill, and filed. 3. Letter by Certified Mail dated 1/30/91 to The Honorable Anne Goodnight from Robert G. Nave, Director, Division of Resource Planning and Mana eg_~en~,_ Department of Community Affairs, re: Page 44 February 19, 1991 10. 11. 12. 13. 14. 15. Collier County failure to adopt Land Development Regulations. Gopies to Neil Dotrill, Frank Brutt, and filed. Letter dated 1/30/91 to Chairman, BCC, from Jon M. Iglehart, Environmental Specialist, Department of Environmental Regulation, re: Collier County - WRR, File No. 111919155, application for dredge and fill activities. Copies to Neil Dotrill, Bill Lorenz, Frank Brutt, and filed. Letter dated 2/5/91 to Chairman, BCC, from Jon M. Iglehart, Environmental Specialist, Department of Environmental Regulation, re: Collier County - WRR, File No. 111920715, application for dredge and fill activities by Vanderbilt Landings. Copies to Neil Dotrill, Frank Brutt, Harry Huber, and filed. Letter dated 2/5/91 to Chairperson, BCC, from Trudie D. Bell, Environmental Supervisor, Wetland Resource Regulation, Department of Environmental Regulation, re: File No. 111914929, application for dredge and fill activities by Bayfront Marketplace, Inc. Copies to Neil Dorrtll, Frank Brutt, Bill Lorenz, and filed. Letter dated 21/30/91 to BCC from Tony McNeal, Engineer, Bureau of Coastal Engineering and Regulation, Department of Natural Resources, re: Request for Public Comment, File Number: CO-264 ATF, Applicant: Norman W. and Carmen S. Hinton, for coastal construction control line permit. Copies to Nell Dotrill, Harry Huber, Frank Brutt, and filed. Letter dated 1/31/91 to Chairman Goodnight from W. R. Trefz, P.E., District Secretary, Department of Transportation, re: Joint Participation Agreement with Collier County for design and construction of pedestrian overpass on S.R. 29 cancelled as of 12/31/90. Copies to BCC, Neil Dotrill, and filed. Division of Administrative Hearings Case 91-, DGA Case No. 91-003 LDR dated 2/6/91, Department of Community Affairs and Sewell H. Corkran rs. BCC, Request for Hearing. Copies to Nell Dotrill, Frank Brutt, and filed. Letters dated 2/4/91 to James G. Giles, Clerk of Court, from Gary L. Moyer, District Manager, Gary L. Moyer, P.A., Land Development & Management Consultant, re: Lely Community Development District Designation of Registered Office, Registered Agent and Notice of Meetings. Copy to Commissioner Volpe, and filed. Letter dated 2/6/91 to Honorable Anne Goodnight from Robert L. Patton, Controller, Collier County Tax Collector's Office re: Distribution of Current Ad Valorem Tax to BCG. Filed. Florida Advisory Council on Intergovernmental Relations agenda of 2/4/91 with January ACIR Bulletin attached. Filed. Letter dated 2/1/91 to James Giles, Clerk of BCG, from James L. Jones, Chief, North Naples fire Control R Rescue District, re schedule of meetings for calendar year 1991. Filed. Notice to Owner dated 2/1/91 to BCC from Krehling Industries, Inc., under an order given by H. D. Rutledge & Son, Inc., for concrete and/or all other related building materials for a portion of land located in the North 1/2 of the SW 1/4 of S12, T50S, R26E. Copies to Nell Dorrill, Steve Garnell, John Yonkosky, and filed. Notice of Hearing before the Public Service Commission, re: application for a rate increase; Docket No. 900-329-WS. Issued: 1/28/91. Copies to Nell Dotrill, Mike Arnold, and filed. 000 Page 45 February 19, 1991 16. 17. Notice of Adoption of Rule before the Public Service Comm~ssion, re: adoption of Rule 25-6.0183, F.A.C., per- taining to Electric Utility Procedures for Generating Capacity Shortage Emergency; Docket No. 900071-EG, Order No. 24034. Issued: 1/28/91. Copies to Neil Dotrill, Mike Arnold, and filed. Order Denying Motion for Reconsideration before the Public Service Commission, re: application of Florida Cities Water Company, Golden Gate Division, for a rate increase in Collier County; Docket No. 890§09-WU, Order No. 24062. Issued: ml~l~1. SATISFACTION OF LIEN FOR NUISANCE ABATEMENT ON PROPERTY OF ANTHONY DA)~%SCO~ UNIT 6~ BLOCK 74~ LOT 5~ NAPLES PARK See Page 3--~ ~ SATISFACTION OF LIEN FOR NUISANCE ABATEMENT ON PROPERTY OF JOSE R. GARCIA D/B/A GARCIA CONSTRUCTION GO., LOT 22, BLOCK 122 OF MARCO BEACH UNIT FOUR See Page SATISFACTION OF LIEN FOR NUISANCE ABATEMENT ON PROPERTY OF DELFIN C. COSTA AND ISAAC PARGMAN~ LOT 3~ BLOCK 252 OF ~%RCO BEACH UNIT SIX See Page ..~/ SATISFACTION OF LIEN FOR NUISANCE ABATEMENT ON PROPERTY OF EDWARD AND RENA J. SABA~ LOT 20, BLOCK 9, NAPLES MANOR ANNEX See Page SATISFACTION OF LIEN FOR NUISANCE ABATEMENT ON PROPERTY OF GISELA CASTRO AND ROSA GINART~ LOT 17~ BLOCK 132 OF MARCO BEACH UNIT FOUR See Page SATISFACTION OF LIEN FOR NUISANCE ABATEMENT ON PROPERTY OF LUDMIL TINTEROV, LOT 4~ BLOCK 246~ UNIT ? PART --, GOLDEN GATE See Page SATISFACTION OF LIEN FOR NUISANCE ABATEMENT ON PROPERTY OF PHIL, SARAH, JAM~S AND MICHAEL BOYLE, LOT 23, BLOCK 172 OF MARCO BEACH UNIT SEVEN See Page ~~ SATISFACTION OF LIEN FOR NUISANCE ABATEMENT ON PROPERTY OF RONALD H. BKLL~ LOT ?8, PORT-AU-PRINCE See Page _~ SATISFACTION OF LIEN FOR NUISANCE ABATEMENT ON PROPERTY OF KIMBALL HAMANN, R~GISTERED AGENT FOR DIMARCO & DIMARCO, INC., LOT 22, BLOCK 105~ OF !,U!~CO BEACH UNIT THREE See Page 3~7 Item ~16L1 CONTRACTS FOR SERVICES OF HEARING OFFICERS See Page~ 3 ,~F' 3-~'! Page 46 February 19, 1991 There being no further business for the Good of the County, the meeting was adjourned by Order of the Chair - Time: 5:50 P.M. /, J ..- as presented BOARD OF COUNTY COMMISSIONERS/ BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL ...se mtinutes approved by the Board on F / '/ or as corrected Page 47