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BCC Minutes 04/04/1989 R - ,---- "---, Naples, Florida, April ", 1989 LET IT BE REMEMBERED, that the Board ot County Commissioners in and for the County ot Collier, and also acting as the Boarrt ot Zoning Appeals and as the governing board(s) ot such special districts as have been created according to law and having conducted business herein, met on this date at 9:00 A.M. in R&~~ 8&S8IO. in Building "F" ot the Government Complex, East Naples, Florida, with the tollowing members present: CHAIRMAN: Burt L. Saunders VICE-CHAIRMAN: Max A. Hasse, .Jr. Richard S. Shanahan Michael .J. Volpe Anne Goodnight ALSO PRESENT: .James C. G11es, Clerk; .John Yonkosky, Finance Director; Ellie Hottman and Maureen Kenyon, Deputy Clerks; Neil Dorrill. County Manager; Ron McLemore. Assistant County Manager; Ken Cuyler, County Attorney; Kevin O'Donnell, Public Services Adainistrator; George Archibald, Transportation Services Administrator; .Jett Perry, Chiet Transportation Planner; Clift Crawford, Parks & Recreation Director; Nancy Israelson, Administrative Assistant to the Board; and Deputies Tom Storrar and Sam Bass, Sheritf's Ottice. Page 1 / ,----------"-..,.-..- April "', 1989 hpe.1 It.. n AGØDA AJn) COtr8D'f AGDDA - APPROVED tlrITB CBUG&S Commissioner Shanahan moved. seconded by Commissioner Hasse and carried unanimously, that the ag~nda and consent agenda be approved with the tollowing changes: a. Item #141.4 moved to 91.2 - To obtain, by resolution, authori- zation for creation of an "Affordable Housing Task Force" tor the purpose ot exploring and recommending to the Collier County Board ot Commissioners, viable and innovative methods of providing adequate and affordable housing to the citizens of Collier County. (Staff's Request). b. Item #14E4 moved to 9E3 - Recommendation to award a contract for annual typewriter maintenance under Bid #89-1370. c. Item #14D2 - Royal Marco Way - Sewer tacilities acceptance - Continued to .A1j)r 11 11. 1989. (Staff's Request). d. Add: Item 120 - Discussion re Commissioners' travel to Tallahassee during Legislative Session. (Requested by Commissioner Goodnight). e. Item 14Bl moved to 9B4 - Recommendation to adopt a resolution to record the right-of-way corridor within the North Naples Roadway Municipal S~rvice Taxing and Benefit Unit pursuant to Ordinance 86-40, therein also authorizing Staft to commence with acquisition of right-of-way by gift and/or purchase. (Requested by Ken Cuyler). It_.. MIJroTD or MAJtCB 14 , au DrlI.a - APPROVED AS PR&SDTSD Co8al..ioner B.... 8OVed, ..condlotd by Co_i..ioner Volpe and carried unani80U81y, that the Minut.. ot the ...tlng ot March 1', li'i, be approved .. pr...nted. It- IJ6A DCPLOYU SDVICI JJU.JU)S - P!lI!~ Commissioner Saunders congratulated Joy Munsey, ot Contractors' Licensing, tor 20 years ot continuous service with Collier County Governllen t, and R~becca Winans, Pa~ks & Recreation, for 0 years ot service. He presented them with a certificate and a pin. It- .0. .roLI. rALLO. RKCO<ØIZ&D AS IMPLOYZZ or TJI& MOR'TII, APRIL, li8i Commissioner Saunders recognized Julie Fallon for her outstanding work in the Growth Planning Department. On behalt ot the Board of Page 2 1 _._----"--,,,,-- < ,.-." <-- ,.. April 4, 1989 County Commissioners, he expressed appreciation tor Ms. Fallon's dedi- cation, and pre.ented her with an Exceptional Pertormance Plaque, a letter ot appreciation, and a $00 cash award. It- .&c P1tOCLUII.TIOJr DUIGJlATI.a '1'B& MOIITB or APRIL, li'i, AS "CABLZ 'nLZVI 8 I 011 NO IITB " - JJ)() PTn Opon re8c1ing of the Proclaaation, Co_issionllr Bas.. 8OVed, eecr;mðeð by Co~..ioner Shan4lhan and carried unani80U8ly, that the Month of April, li'~, be designated as "Cable Televi.ion Month". Commissioner Hasse presented the Proclamation to Mr. Conway Bennett, of Palmer Cab~evision. Page 3 j -.---..".. Apr 11 "', 1989 It_"O ~TIOII DUIGJlATI.G APJUL 13, lili, AS ".0 BInD DAY I. COLLIn I.iUU . I I. - ADO P'1'G Opcm reading of the Procl...Uon, Co_i..ioner Goodnight 8OVed, 8eCODd8d by eo-i..ionsr Baa.. and carried unani80U8ly, to de8ignate Aprll13, Iii', .. ..0 Bitter D8y in Collier County'. Ms. Gail Sherman, Family Research Coordinator at the David Lawrence Center, accepted the Proclamation. She stated that this day is ..ant to draw attention to preventing child abuse and tamily violence, and the intent is to promote a variety of skills that people can use instead of hitting children and spouses. She indicated that this abuse affects ever~one in the family. page. )o ------- _. """"""'" -- """",'.."" "". April ", 1989 It- nAl DISCOS8I08 OW LOCAL roxDI.a OPTIOlfS raR rBK CO.STROCTIO. OW S.R. iUH I'JWIC O.S. U TO ru MARCO ISL.UrD RIDaE - STAn TO COMPILE ALL POSSIBLZ ALTEJOUTIVKS U raUR-~I.G or S.R. ¡Ol AJfD BJUOOE IKPROV&R&.TS TO BE PRlSIKTKD AT PUBLIC MKZTIXGS; STAn TO PROVIDE RUt1LTS or PtrBLIC IJfPUT TO THE BeC IN ORDER TO MAD A DECISIO. U MAY 1, uai DItADLID TO RXVISE GRONTB MAlfAGKMEJfT COMPURDSIVK p~ Chief Transportation Planner Perry advised that this item was con- tinued from the meeting of March 21, 1989, at which time Statf was directed to come back with specific options for the financing pro po- sal, and to look into the issue of expanding the Marco Island bridge. He indicated that the County's Finance Committee has met with the Bond Counsel and Bonding Representatives, and the alternative presented today, is that the County fund the entire four-laning reconstruction of S.R. 951 from U.S. 4l to the Marco Island bridge with a bond issue, supported by tolls. and that the Florida Department ot Transportation tund the construction of a n~w bridge span in 1994 where existing tunds are presently identi tied for use on S.R. 951. He noted that the County's approach at this point, is contingent upon FDOT using their tunds on this project for the bridge, and the four-laning reconstruction will be a County funded option, which gives the County the flexibility a. to where the toll booths wi 11 be located, and how .any will be located. He noted that if other revenues become available during the interim, the County will be in a position to pay oft the bonds at an earlier date, or reduce the toll. Mr. Perry indicated that the suggestion of the Finance Committee is that there be two toll booths: one located at the toot ot the north side of the bridge. and the second booth located at the south side ot Manatee Road. He advised that the residents along th~ S.R. 951 corr~dor would not pay a toll going to Marco Island, but they would pay a toll coming off of the bridge. Likewise, he indicated that the residents o~ Isles of Capri or Marco Shores w~uld not pay a toll headin¡ toward U.S. 41, but they would pay a toll when returning back to their residences. He advised that the financing option will be supported by the toll revenues. Page 0 /~ ,."".... --_."."--,,, --",.",.".,--,. ~-----,. '-'.'-- , -.,..,.."-...,.",..,,,...-., Apr 11 4, 1989 In answer to Commissioner Shanahan, Mr. Perry stated that it Federal funds are used for S.R. 951. the County will not be able to put a toll on that road. Mr. Perry indicated that the State has programmed $9 million in the Work Program, but Statf has requested, it approved by the Board of County Commissioners, that they immediatftly include the bridge project into the 5 Year Work Program, and re-allocate those funds to the bridge program. Commissioner Volpe noted that the suggested approach results in an overall increase ot $10 million for the four-laning of S.R. 901 trom U.S. 41 to the Marco Island bridge, and he indicated that originally it was dis~us8ed that t~e project would cost $29 million, ot which $10 million would be reimbursed to the local government tram the State. He questioned whether locally, ¡.,hat is being considered, is an addi- tional $10 million over and aDove what was originally anticipated? Mr. Perry replied affirmatively. Commissioner Volpe questioned whether or not the County could ~stablish a toll on a State highway? Mr. Perry replied that the investigations by Statf indicate that the State can give the County the authority to place a toll on S.R. 901. He noted that the queation seems to be, it the County's portion ~f the project is a toll road, whose funds and what source of funds will be used on the Þridge? He stated that the State has a mixture of road and bridge building tunds to be tapped. Hr. Perry advised that $29 mi llion is the cost ot constructing and financing the facility, noting that the actual road construction cost 18 $19 million. He added that there is $10 million in upfront finan- ring costs that are included in the bond issue. He indicated that the revenue that will be generated from the actual toll should be enough to pay tor the bond indebtedness and the operation and main- tenance ot the facility. He noted that the ,-,-ctual roadway will be maintained by the State, as long as it remains a State highway. In response to Commissioner Volpe, Mr. Perry stated that the Page 6 /3 .0' . ",------..--,.-..- -_.~._--_..- .......-..,..-.,..." 'h"."",,-- , Apr il 0&, 1989 bonding package will be such that at any point in time, it any other revenues were to be used to payoff the indebtedness, .1. e. local option gas taxes, in lieu of the toll booths, this could be done at the discretion ot the Board ot County Commissioners. Comaissioner Shanahan noted that the suggested toll charges are 25C tor a commuter, 50C for a non-commuter, and $1.50 for trucks. He questioned whether Staff has reviewed the possibility of passes, electronic stickers, etc. as a means to get people through the toll gate without backing up tratf ic? Mr. Perry replied affirmatively, noting that Sanibel Island is currently using a scanning device which allows residents to purchase either a $20/year sticker whereby, resi- dents pay OOC each time they ::.ass the toll gate, instead ot the regu- lar toll ot $3.00; or, a SlOe/year sticker which allows the residents to pass through the gate, without paying anything. The tollowing persons spoke in favor ot four-laning S.R. 901 and i&prove..nts to the Marco Island bridge: Councilman Lyle Richardson Mr. Monte Lazarus Mr. E. G. Lackey Hr. George Keller Mrs. Charlotte Westman Hr. Bud Kornse Mr. Leonard Llewellyn The reasons supporting the road construction improvements were as tollows: Long term problems should be considered relating to the growth in the area, and the tolling option should be used, with the condition of DOT funding; in tavor of the improvements but toll ing option should not be used; safety and hurricane evacuation are major factors; the use of ']as taxes, one cent sales tax, or impact fees should be used to fund this project; the bridge project should be synchronized with the highway and made one ~roject; and present con- ditions prevent emergency vehicles trom responding to those in need ot aid in a timely manner. The tollowing persons spoke in opposition of four-laning S.R. 951 and improvements to the Marco Island bridge: Mr. Bill Hanley, Mr. Ira Evans Mrs. Nancy Parker Mr. R. A. Stiers Page 7 Jf T --.---- . ,-..----.,------,-----."".---, --- '"".."..."".,..-.--,,'"---- April " H89 'rape n Reasons of opposition were cited as follows: Strongly opposed to tolling option; those who purchas~d lots on Isles of Capri paid tor the installation ot the road years ago, and should not have to pay tor the widening ot the road; the State should pay for any road services; the issue of the improvements should be put to a reterendum; addi- tional building should be slowed down; other issue, 1. e. water, sewer, and waste management require attention before roads; turning lanes could be constructed at Manatee Road and Port-Au-Prince Road to alle- viate existing problems on S.R. 951; four-laning will not improve aatety, it will increase speed; there is not sufficient f",ctual material as to how much of the S.R. 951 traffic is attributable to the people on Marco or those visiting Marco Island; if construction is reduced in halt, traffic on ~.R. 951 will also be reduced; trucks should not be permitted on S.R. 901; no passing zone should be ini- tiated; road construction should only be done when money is available; the bridge is adequate. as it presently stands. Commissioner Shanahan stated that the purpose ot the discussion today was to try to develop a financial plan in the event that the County went ahead with tour-laning 951, adding that there has been a lIajor change in åirection, in 80 tar as the financing, including the bridge and all of the things that have taken place since the Board's last discussion. He indicated that there is a need, an obvious need, notin;¡ that the road does not meet State and/or County Standards. He indicated that he feels that the County needs an available plan so that the Growth Management Plan can be amended and the County can proceed ahead. He stated that he feels that Start should put together .1.11 ot the alternatives that have been discussed, and if the financial group, Public Works, and Planning want to iden t ify that the most logi- eal option is tolling, that's fine, but a Plan needs to be put together t~~ a fou~-laning approach, both to the road and to the bridge, in the event that it is needed between now and May 1st. and then subsequently August 1st. ".,... Page 8 jj -----..--.-,-.- , - "-"'---'---"""'--'" "-"-- April 0&, 1989 c-1..ioDer Sh.an..n..n 8OVed, ..c~ by CC8ai..loner ......, that Staff be direc1:ed to put together all of the back-up _terial. that 8'"t'Jr'Vl t tiI.e posltlon that they are advocating, and allot the other positi0b8: the taxing uni t, the ad valor.. taxe., thlt i~ct t..., the sal.. tax, the ge.8 tax, and all the other po.sible alternatlves that 1884 to tbl conclU8ion that they can in tact, and will have, a Plan availGl. it it i. Deeð8d May l.t and August 1st. Commissioner Saunders stated that he thought that the purpose of today's meetin~ was to ~et a proposal from Statt conçerning tolling on 951, and then several Commissioners would present this information at various meetings to the public, and come back to the Commission rather quickly, and decide whether to: 1. Impose a toll by vc..te of the Commiflsion 2. Ask tor a referendum on the question at the toll 3. Or, in the alternative, do something else other than tolling Commissioner Saunders stated that the motion is directing Staft to do more studies, come back in Mayor August, and provide alternatives, which include tolling, gas taxes. ad valorem taxes, sales taxes, or not doin~ an~thing at all, and he is not sure the:1: the County is getting anywhere. Commissioner Shanahan, to clarify his motion, advised that he is not asking Staft to do anything the:, have not already done, noting that the alternatives as to how to finance the road, and the studies have already been made and are fairly complete. He stated that he simply said that a decision needs to be made now, adding that there will be a meeting tomorr~A night on Marco Island, with many questions and answers, and another meeting on April 11th. He indicated that he is not asking to delay anything, and it after what Staff has heard today, it they want to continue to asterisk the tolling as the bÐst possible option of all ot the others that have been looked at, and list out the funds that they generate, th~t's what h.... is asking tor. He noted that he is asking tor this tomorrow, since this is the pur- pose ot the meeting tomorrow night. He indicated that the results ot the meetings, mail, telephone, and Letters to the Editor input will be Page 9 /& - ~ -------.- .... , April ", 1989 presented to the Commission, and then a decision will be made as to what should bE! done. He stated that he is sorry it he did not malee this clear. Commissioner Hasse indicated that he is not prepared to go tor tolling at this time, until all the options are more clearly evaluated by the public. Commissioner Goodnight stated that she teels that the motion is saying that there are other options that may come along that will stop the tolling on S.R. 951. She noted that the majority ot the speakers today are not in favor of the tolling option. She indicated that she believes that the Board of County Commissioners needs to adopt a reso- lution, to be sent to the Governor, and advising that the Board is encouraging the additional gas tax, local sales tax option, and all constituents should do the same. Commissioner Volpe stated that he is supportive ot what the Commission is at~empting to do, but questioned if Statt is clear on what the direction is? Hr. Perry indicated that his concern is the information that will be presented to the public tomorrow night. He indicated that he is unclear it the material to be presented is to include one position ot the toll including the entire roadway as a toll, and the bridge along with it, or merely the proposal without the bridge, with the State and the County cooperating together on only the four-laning project. Commissioner Shanahan replied that all alternatives that have been discussed, both two weeks ago and today, should be presented. He indicated that there is the plan which takes into consideration the entire stand ot the road and the bridge, and there are a variety of o':her ways, Le. keep the $11 million in the State and Federal tunds, and have impact fees tor Sections 1 and 2. County Manager Dorrill stated that the desire ot today's meeting was tor the Board ot County Commissioners to go on record to say that they are giving consideration to a toll concept which can be one of two scenarios: with or without a bridge; with or without the $11 Page 10 11 -, . -",,-,----_.,,--, ~ . -. -""""" "..""",-""-..,,. , April 0&, 1989 .illion. He noted that Commissioner Shanahan will be attending the large public hearing workshop on Marco Island tomorrow eve~ing, and he will come back and provide input to the Commission. He indicated that his only concern is that by May 1st, the Board needs to initiate some action to revise the Growth Manag~ment Comprehensive Plan, since this is the time period that it takes on a bi-annual basis to make revi- sions to the Plan, and fail~re to do so, will result in the moratorium i.plications, come August 1st. Upon call tor the que.tion, the I8Otion carried unaniaoualy. ... R8c... 11:18 A.M. - 11:215 A.M. ... It- IJU.2 a&aOLUTIO. 8'-81, AOTIIOltIZI.3 CR.U.'fIo. or .... -UI'OIlDABLJ: Boon.a TASI: POItCJ:- roJt TIm Pt1JU"OSE or D'PLORI.O UD UCCJIII8mJrDI.a TO TIm Bee VIABLE AJfI) DDIOVATIVK -noDS roR PROVIDIKO ADEQUATE UD UI'OJtDABLJ: BooSI.a TO T1R CITIZDS OJ' COLLIER COtJ1lTY - ADOP'nD Housing & Urban Improvement Director Shreeve indicated that with the ever increasing demand for housing in Collier County, there are many people who cannot attord houses near their places of employm~nt. Re noted that affordable housing is not only one ot the Goals ot the State's Department of Community Affairs, but also the Federal Department of Housing and Urban Developm~nt. He advised that the proposed resolution is to auth':Jrize the creation ot an "Ad Hoc CollUllittee" to study tinance, zoning, and other fearible methods, and then to make recommendations to existing ordinances so that some type ot attordable housing can be built. Mr. Shreeve advised that establishing the Attordable Housing Task Force is in keeping with the Goals and Objectives of the Housing ~lement ot the Growth Management Plan, and will have very little tiscal impact on the County, since the people who serv~ on this Committee will not receive compensation for their time. He noted that the reason this item was removed trom the consent agenda and placed on the regular agenda, is that there were some minor changes in the reso- lution to reterence Ordinance 86-41, which permits the Board of County Commissioners to establish an Ad Hoc Committee tor up to one year. Page 11 /f "_""""'""--"",-...,-,...,,,. April 4, 1989 Co..issioner Goodnight noted that her concern was that the members would only be allowed to serve on two committees, noting that this is aerelya task force. Mr. Shreeve advised that this has been deleted, and Section 1 ot the resolution, . .."Pursuant to Ordinance 86-41" was added. Co..issioner Hasse noted that the Committee is to be comprised of between 15-20 members, adding that this seems like a cumbersome aaount. Mr. Shreeve replied that the reason tor the large number ot mem- bership is that Section 6 ot the Resolution, breaks the committee into tour groups: Affordable Housing Committee, Existing Housing Co-ittee, Finance Committee, and Market Rate Committee. ec-.t_1oaer 800c2nillht 8OVed, ..cODCSed by Co_l..ioner lias.. 8D4 carr led aft.8ft i ~ 1 y, tha~ Ranolution Ii-" be adopted. Page 12 ;q "--,, --".. ._",._------",- ---_. ~ ,- , April ., 1989 It-...l 'fJtAJISIIORrArIOJI 8DY'1CU DIVI8IO. ro UOOTUTJI A SUPPL.DlD'rAL AOJtKDŒ8T WIn DAY . znl 8bCI.D, I.C. (r.!:.A. DKLU ASSOC.), ro PUP AJlI: PI.AIrS AJn) SP8CII'ICArIOJIS raft COJlST1WCTIOR 01' r-RAJlCLUtS Ar ru Il8IOnLD AIRPOIn' AlII) A.DVD1'ISE raft COJfSTRUCTIO. BIDS - BrAn '1'0 RGOTIA'l'I: .t.aJt.ÐII8Jrr WI TII DAY . Z I Þ8CE]OUJOf, CORTI.OOT UPO. MA'1'CBI.O 1"OJID8 au.a AVAILA.8I.& Transportation Services Administ~ator Archibald advised that this item involves the development ot the Immokalee Airport. He noted that the r..okalee Airport Advisory Board has not only been promoting the airport, but looking into ways, with little expense to develop it to attract new businesses, as a "pay as you go operation". He indicated that the big emphasis is to create a fixed base operation. He stated that part of the overall Master Plan of the Immokalee Airport is to put in an approach to one ot the taxiways, provide a paved apron, and install t-hangars, which will be an investment which will pay tor themselves. Mr. Archibald indicated that a workshop will be held this month to work out the details of the plans and specitications tor the t-hangar installation. He noted that the t-hangar project is an investment that can be paid off, but noted that Staff desires an indication trom the Board of County Commissioners that they would consider tunding the existing matching grant that the County has. He advised that there is a $50,000 matching grant which is available, it the County will come forth with $00,000, and prepare the necessary plans and specitications to be put out for bids, and bring proposals to construct 4-6 t-hangars back to the Commission. He noted that Statt has a list of applicants who would like to consider leasing those sites. Coamissioner Hasse questioned whether Statf is detinite that the State will be coming forth with $50,0007 Mr. Archibald indicated that the way to tie the grants down, is by a .Joint Project Agreement (.JPA). He noted that Staff does have a JPA in hand, signed by both parties. Mr. Archibald stated that Staff would like to pursue the prepara- tion ot the plans and specs to undertake the improvements, and then Page 13 e9(, --- ----.""""'-'-.".---, "-". April 4, 1989 co.e back to the Commission with the results ot the bids, to see it they justity funding. He advised that some services may be required fro. a consultant, adding that he is requesting Board çonsideration to use the firm of Delta Associates, who prepared the Master Plan, on an as needed basis. He requested approval to negotiate either a new contract, or a supplemental contract, based on the contract currently in place, noting that the contract, if needed, will come back to the Commission for approval. Commissioner Volpe noted that the .JPA waR entered into in May, 1986, and questioned whether it has been renewed through 1989? Mr. Archibald replied that it has been renewed through 88-89, but there is no assurance that it will be continued into next year, adding that Start is under the clock tor preparing the plans and specs and encum- bering those funds. Commissioner Volpe stated that he is not supportive ot this pro- ject, it the $00,000 grant funds are not available, and questioned whether this project can be deferred until the availability ot the tunds is known? Mr. Archibald replied affirmatively, adding that in the meantime, Staft would like to pursue the preliminary design work, and work toward the preparation ot the plans and specs. Commissioner Saunders stated that perhaps it would be appropriate to approve this itelll, contingent upu~ the grant, and therefore, it would not have to come back before the Board. Commissioner Goodnight questioned how much money is in the airport account from the leases that have been taking place over the past few years? Mr. Archibald replied that there are only a tew thousand dollars in that account, since this has been a break even situation. Commissioner Shanahan questioned whether ther~ have been inquiries as to the need tor greater use at the Immokalee Airport? "'-r. Archibald stated that there is a current listing of owners who wish to be considered, should t-hangars become available. He stated that if the project can be accomplished with $50,000 of local funds, it is a feasible program. Page 14 }1 -,",-,-- --- -- April 4, 1989 CJ i..loner 8b.anah..n 8IOV8d, ..conded by CO-188ioner Good:nl;-ht 8DCS carrled 1ID8n18ously, that Staft be authorized to negotiate a 81Ipp~t 8gTa...nt with D8y . Zi_ra8m1, Inc. (r.E.A. Delta Aa8oc:lat_), conting.nt upon the .atching tu.nd8 being avallable. Page 16 ;-Y "'.-..,'~,,.....'.._'.- --""'.....-.----"".-"",.".,-."" April ", 1989 It- ...2 ItDOLU'rI 08 Ie- I I, DKSIGJlATUa rtJTt11U ItOAD IMPftOVD1DT PJtO.7KCT vv--fIJIG D81)ULU ItOAD (C. It. Uð) AJn) 0 I L lULL ROAD (C .It. UI) - A.DOPnD Transportation Services Administrator Archibald advised that this item is a status report, in follow-up to direction given by the Board ot County Commissioners, to investigate the possibility of converting a proposed private road to a public road to serve the rural and I_okalee area. He indicated that the road in'question extends south ot I-okalee from C.R. 846 south to C.R. 858, and the length is slightly mor.... than 0 miles. He noted that Statf has contacted the owners of the appropriate properties that are being considered for the construction of a road!"ay. Mr. Archibald stated th'lt the proposed resolution contains a construction schedule which indicates that there is a possibility to make this road into a County road, adding that the land otmers are proposing to design and construct the road, including the drainage, subgrade, and base. He noted if the owners complete the work up to tinishing the limerock base, they are requesting that the County tollow through by making this a paved road. He advised that the pri- mary expense to these land owners will be $945,000, and the County's expenses will include: environmental permitting for the road, cross drains and drainage improvements, prime, sand and paving in the amount ot $198,000. He noted that it is recogni7.ed that these expenditures, which are currently anticipated to come from the gas tax fund, will benefit the adjoining property owners more than the County, but since this ro~d connects to C.R. 858 which needs a connection between that entire corridor of approximately ~O square miles of property, the 4ntire area will benefit and the trip route to Immokalee will use this road rather than C.R. 29, and there will be long term benetits to the County. Coamissioner Goodnight advised that much of the agricultural trat- tic on C.R. 808 arrives there by the narrow part of C.R. 29 trom Immokalee, and many times it is very hazardous with the large picking Page i6 ~~ .. """_"'M" 0_" ""_0- ""-""""'-"".."-"'."-""'- ' ~ . ..-.,,----- . April " 1989 trucks coming and going. She noted that the second entrance to C.R. 858 is trom Evergladee Boulevard which has not been built for the large truck traffic that uses it. She stated that the proposed road Kill take much ot the truck tratfic off ot the other two roads, and she believes this Kill be very beneficial to the agricultural colUlUnity. Commissioner Volpe questioned what Mr. Archibald's statement of "long term benetits to the County" means in terms ot years? Mr. Archibald replied that within the next 5 years, the subject road will function as an important collector road, not only trom trattic ot the adjacent properties, but also traffic from C.R. 858. He indicated that this will be a shorter and safer route to the Immokalee area. Commissioner Shanahan stated that just to make sure that his interpretations are correct, he understands that the developers will build the road, regardless ot whether the County enters into an agree.ent Kith them or not, and they will build the road out of limerock, etc. and not up to County Standards and they will ~aintain it themselves. Mr. Archibald replied atfirmatively. Commissioner Shanahan stated that by the property owners providing $940,000, and the County providing $198,000, the County will be receiving th~ dedication of the rightd-~f-ways and the road, and it becomes County property upon completion. Mr. Archibald advised that the property owners will undertake cer- tain activities be!ore the County undertakes certain activities, as provided in the resolution. He noted that the County will be pro- viding some drainage pipe to the owners, but they in turn will have to pertorm some work after the paving is completed. Ht'I '~dicated that the property owners commitment is based upon the tact that the majority ot the County's commitment does not occur until they have completed their activities. ec-i..1oner Goodnlght 18OV'8d, 8econded by C~..icmer Volpe and carr 1ecI 1ID81Í8O1Ut 1 y, to accwpt Start'. rec0888n4ation, thereby 8ðop1: iDg bso 1 'Q t1 on , e- 88. Page 17 10 --"- "'".. ,_. ""-""._-",.""""".."-"",,,, "",,-... Apr 11 0&, 1989 It:- n83 PItO.7IIC'r DGDtQKlfCY roR PLA.JOr&D LILY BUCH PUBLIC PAU IXPItOVDC&.IS - STA.J7 TO 80 'X.1LRUUU8 ABDriLU'ED BIDDI.O P1tOC&SS, 880M LIST BIDS AJID RIJ18 8ACX TO TIm BeC Transportation Services Administrator Archibald stated this agenda item involves the undertaking of the Lely Barefoot Beach Road within the parcel that the County owns. He noted that Staft went through with the design contract to come up with a roadway design with the possibility of getting this road under construction prior to the change in the Coastal Construction Control Line. He advised that the CCCL is along the boundary of the 60' right-of-way of the road. He indicated that review and approval has been obtain from DNR, DER, and South Florida Water Maltagem('nt District approval is torthcoming. He stated that 1n addit ion to the road, parking, the extension ot a water/sewer line and bike paths have been included. He indicated that all of these improvements are for the benetit to serve that piece of property that has been purchased by the County as a beach tacility for Parks & Recreation. Mr. Archibald advised that the CCCL will probably change within the next teN months, and Start had the opportunity to get a project under construction at a limited amount of cost, at approximately $000,000. He ~ndicated that if the project is delayed a number ot months, and the CCCL changes, the entire concept of havin~ the road approved and per.itted becomes the question. He stated that there are thr~e available options to the County: 1. Delay construction, and wait until there is muney in the CIE, and then 1etermine what conditions exist at that time to see it construction can occur. 2. Authorize Staft to negotiate directly with the contractor (Apac-Florida. Inc.), who is currently building the road north of this read, and ascertain if he will hold his current prices, and return to the Board of County Commissioners with a contract for road construction work, water/sewer lines, and the parking area. 3. In consideration of the project costing $500,000, authorize Start to go through an abbreviated bidding process during the next couple of weeks, utilizing the bid items that have been prepared f')r the contract, utilizing the contract plans as they currently exist, and ask two or three of the local contracting firms that have the capacity to do this work to submit a written proposal within a period of 1-1~ weeks. ,/ Page 18 J6 ~_.., '-"'--' --'"""---'0---'.' "'. '.. --"" ,- "---- April 4, 1969 Co..issioner Volpe stated that the CCCL will be relocated on May 23rd, and he questioned whether the possibility had been explored to enter into an agreement with DNR prior to the r~location ot the CCCL, which will allow the County to proceed with the improvement atter the relocation? County Attorney ~uyler advised that his ottice has not pursued this option, but he assumes that this is possibly what Mr. Lorenz is conteaplating. Mr. Archibald stated that the County can enter into a consent: order of some type, but the County's position will not be very strong. He stated that Statt is attempting to obtain a permit troll DNR, which will recognize what is ':>eins:¡ done, and grandfather in those permit activities so that at the time the CCCL is relocated, there will be perllit in hand. Commissioner Shanahan stated that in exploring Option #3, it is important to safeguard the County's interest in so far as permits, etc., and he believes that it is appropriate to authorize $75,000 tor pre-contract work, and then to obtain bids trom Apac and two or three other contractors to see what kind of prices they are submitting. 'hIpa IJI Mr. Archibýld'ind~cated that an abbreviated process will obtain quotes troll the various contractors, and in the meantime Statt can make applicßtion to DNR in the formal sense, as to how they define -grandtathering in". He advised that he will come back to the Commission with the results of the quotes, and also provide a report as to the teasiblli ty of getting a permit, or whether or not ":he only way would be through a consent order of some type. Mr. Jim McLaughlin, representing Better Roads, stated that he is tavor of the Board of County Commissioners going along with Option #3. Co8aJ_1oner Sh4m"han 8OVed, .econded by Co..1..1oner Ooodnlght, to .-a~rlz. pre-construction expendltur.s in the 88X1aua 88OUnt of 81ð,OOO, to protect an4 aateguard the County'. interest; Start to go through the abbreviated bidding proces., .hort list the bid8, and hge U g~ - ,,-,,-,,_.""'",,_.. ---- 'M ... " ". ,_...,---"' " ....,. -, April 0&, 1989 bring the package back to the Board ot County Commissioners. Mr. Archibald advised that the $75,000 should be for work that will result from the proposals to be received. ec-J...ioner Shane.han -.-nded hi. IIOtion, by deleting the 87ð,00O tor pre-construction work. Co..i..ioner Goodnight accepted the -.-nd- _nt. The 8Otion carried unani80USly. ... Deputy Clerk ~enyon replaced Deputy Clerk Bottaan at this ti- ... It.. fiB4 ftKSOLOTIO. Ii-Ii TO RECORD THE RIGBT-OW-WAY CORRIDOR WITHIK THK KORTH ILU'LU ROADMAY MOJIICIPAL SERVICE TAXIKG AJfD BJ:DJ'IT O1fIT AJfD AUTBOKIZI.O STAJ'Y TO COMMEKCE WITH ACQUISITIOK OJ' RIGBT-OJ'-MAY BY GIrT AJrn/OK PURCHASE - ADOPTED Public Works Administrat~r Archibald stated that this item was removed from the consent agenda to make some minor changes to the resolution. He indicated that this has to do with the construction of Livingston Road, adding that this is a preliminary resolution tor the right-of-way acquisition by donation and purchase only. He stated that he would ask that the reference to Ordinance 88-23 be added to the resolution in two locations. He noted that the resolution does make reference to Ordinance 86-40 which created the original district but he would also like to make reference to the Home Rule Ordinance, 88-23. He stated that he would ask that this resolution be approved with those changes which have been approved by the County Attorney's oftice. Coaai_ioner Oood.night 8OVed, .econded by CO..i88ioner Shan&hsn that Aesolution li-'i to record the right-ot-way corridor within the Korth 8aple. Roadway Municipal Service Taxing and Benetit Uni~ be adopted, and Statt be authorized to co...nce with acquisition ot the rlght-ot-..y by gitt and/or purcha.e. Finance Director YonkoSky stated that Staff has asked to spend $2,600,000 and there is only $1,118,000 that is not encumbered. He noted that this project was one of the projects that was originally included in the bi-~odal bonds, adding that there is approximately $40 million ot bi-modal financing left that the County has not drawn down. ?I Page 20 ---- ~ --- ..---.---. - April 4, 1989 He indicated that this is an alternative that the Board has which could also take care of the financing that will go along with this special assessment project at the same time. He noted that the bi- modals expire August 14, 1989. ?ublic Works Administrator Archibald stated that this project is approxillately $5.7 million, noting that these bonds were originally proposed for this project and a few others. He stated that it would be appropriate to draw down these bonds for right-of-way acquisition and construction which will follow in early 1990. Commissioner Saunders stated that it this is approved, the Board would be suggesting that this could be a possible funding source and Staft would have to comb bact with the appropriate documents to draw down on this. Finance Director Yonkosky stat~d that this would have to go through the finance committee and come up with a recommendation on drawing down the bonds. Public Works Administrator Archibald stated that he could go ahead with the right-of-way work, but he would not be undertaking any expen- ditures until such time as the funds are identified and drawn down. Opon call tor the qus8tion, the action carried unani80U8ly. :1~ Page 21 -, -- ..-,-.--.----------., APRIL 4, 1989 Ite. #9El RESOLUTIONS 89-90 AND 89-91 AWARDING CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY TO TROLLEY SYSTEMS, INC. AND TO .JUAN A. DE.JESUS D/B/A T.D..J. TAXI RESPECTIVELY - ADOPTED Administrative Services Administrator Ochs stated that this is a recommendation to adopt resolutions awarding Certificates of Public Convenience and Necessity to Trolley Systems, Inc. and Juan A. DeJesus d/b/a T.D.J. Taxi. He noted that the PVAC met on February 23, 1989, to review these applications and has recommended issuance of cer- tificates to both firms. He noted that both applicants have complied with the requirements of Ordinance 86-4 as amended. He indicated that $100.00 in revenues will be credited to the vehicle for hire fund in the General Fund and Staff is recommending that the Board adopt the resolutions. Commissioner Goodnight moved, seconded by Commissioner Shanahan and carried unanimously, that the public hearing be closed. Commissioner Goodnight moved, seconded by Commissioner Hasse and carried unanimously, that Resolution 89-90 awarding Certiticate ot Public Convenience and Necessity to Trolley Systems, Inc. and Resolution 89-91 awarding Certificate of Public Convenience and Necessity to .Juan A. De.Jesus d/b/a/ T.D..J. Taxi be adopted. Commissioner Hasse requested that the PVAC be directed to look into a form of transportation or shuttle service between Immokalee and Golden Gate and the City of Naples that would be beneficial to the people in the outlying areas. ~CJ Page 22 -----,- ---"----'.-"---.- ..----".--..--- April 4, 1989 It- ...2 811) "'-1360 I'OJt COLLID COUJrTY a(lv~T CÐITD BOILÐIJrQ C-2 ADDIn08 - J.III..UmJ) TO ".a.r.r.-'C&-MILJ:za COenOC'TIO. I. TO AMOOJrr or 8271,000 Legal notice having been published in the Naples Daily News on February 10, 1989, as evidenced by Affidavit of Publication t ilec1 with the Clerk, bids were received tor the Collier County Government Center Building C-2 addition until 2: 30 P. M., March 8, 1989. Adainistrative Services Adminintrator Ochs stated that this item is to award a construction contract for the addition to Building C-2, adding that the Board approved this addition in its current budget and on March 8, 1989, three bids were received. He noted that Wallace- Wilkes Construction Com~any ~ubmitted the lowest responsive bid at a price ot $279,000. He indic3tcd that this amount exceed the budgeted aJIO un t for the project which is $184,000 and subsequent to opening and analyzing the bids, the Facilities Management staft consulted with the project engineer as to the feasibility of rebidding the project. He stated that the project engineer recommended that the County proceed with the award and not try to rebid the project at this time because it was determined that there would not be any substantial reduction in the price. He stated that to provide sufficient funds to complete the ~roject, there would have to be a budget amendment in the amount of $241,100. He stated that he is recommending that the bid b~ awarded to Wallace-Wilkes Construction for construction of the addition of Building C-2 and approval ot the necessary budget amendments as addressed in the Executive Summary. In answer to Commissioner Hasse, Mr. Ochs stated that the !Staff estimated $225,000 in a report to the Board in December, 1988, and the Bj1 came in at $279,000 for construction and in addition to the currently budgeted funds, there is an additional need tor $241,100 from capital reserves to supply the additional furniture and the other miscellaneous operations that will complete the project. Mr. Ochs stated that Staff did not anticipate that matching the existing structure would be as costly as it is going to be. crs- Page 23 ..- ",- ...,---.,- ----.--,...., . April 4, 1989 Facilities Management Director Camp stated that it was over a year ago when this project was first discussed and costs of approximately S80.00 a square foot were estimated for construction ot general office space, but since that time, it was decided that the addition should aatch the e~isting structure and it was determined that this would cost approximately $225,000. He stated that since that time, Statt anticipated that it would be more costly, noting that when the bids came in, he had concerns. He indicated that the pre-cast panels will hav~ aobilization costs which amounts to about 20% of the project or an additional S05,OOO. He stated that there was also an additional cost to keep the addition at th~ existing grade ot the existing building. He indicate" that this is a small project and there is a large cost tor the mobiliz~tion, adding that he is also having problems getting competitive bids from contractors as it is not a large project and some ot the contractors are too busy to handle this. Commissioner Volpe questioned if the original budget tor the entire project was $184,000 and now it is $420,000, to which Mr. Camp replied affirmatively, adding that this is consistent with other construction. He indicated that this is why he is also asking that the elevator bid be rejected this date. Mr. Camp stated that $00.00 a s:quare foot for construction was estimated and $85.00 a square foot for the total project of 2,444 square tðet. He noted that the cost tor construction is now $110.00 a square foot. Commissioner Saunders questioned who helped the County evaluate the bid specifications, to which Mr. Camp indicat~d that LWSM-Plorida, Inc., who is the largest engineering tlrm in this part ot the State, evaluated the project and they feel that this is the best price that the County will re"-eive. Coamissioner Volpe stated that the County has not budgeted for this amount but it is a commitment that the Board has made. He noted that if the project is rebid, it is going to cost the sam~ according to the engineer. He questioned if this project could be delayed tor a f¿' Page 24 . --.".- - - """"".""".'---.-- -------". ",._-,,_.~-,,- ~ -,,-, April .&, 1989 while and rebid on a turn-key basis, to which Mr. Camp indicated that the design has already been completed on this project and, therefore, a turn-key operation would not be advisable. c-1-1oDe-r CIoodnight: 8OVed, secon4e4 by C088188ioner Baaac and C8rr 1ed ---- t --.. 1 y, that Bid IJ8i-1360 tor the construction at 1kL1141.Dcr C-2 8d41t:1on be .warded to ".llace-Milkas Constructlon in the ~t of t21',000. It.. "&1 STAn TO P8ZS1Dft S&CO8'D LCM BID O. UJI'O'AL '.nrDwltITD MAIn'&JIAJrCZ OJIDD BID "'-1370 I. on uo: DEnJlDIRO O. EVALOAt'IO. Legal notice havinq been published in the Naples Daily News on February 20, 1989, as evidenced by Attidavit of Publication tiled with the Cleric, bids wer~ received for Bid #89-1375 for annual typewriter maintenance until 2:30 P.M., March 3, 1989. Administrative Services Administrator Ochs stated that this is to award an annual contract for maintenance and service ot the typewri- ters. He noted that bids were received from 6 bids and Associated Business Machines of Naples was the apparent lowest and responsive bidder. He stated that during the analysis of the bid offers, Statt learned that Associated Business Madlines of Naples was planning to combine resources with the Naples office and their Fort Myers office ot Associated Business Machines, which are separate and distinct com- panies, to provide this service. He indicated that this particular itell was not explained in the bid otter that he received trom ABM ot Naples. He noted that the County bid documen~s require that each bidder name all parties to the bid ofter in their submi3sion and ABM 'Jf Naples ~a~led to identify ABM of Fort Myers to the agreement. He stated that in discussions with the County Attorney's otfice, it was determined that ABM's failure could be considered a technical viola- tion and has no material harm to the contract, adding that the ser- vices would be provided at the quoted price and the Presidents of both ottices have committed in writing to honor all terms and con- ditions ot the contract. He stated that the bid received from ...¡- / Page 20 --'--""""-"~"'- "-----'---"'-"-"---""-'" Apr 11 ", 1989 Associated Business Machines is 43' lower than the price that is currently being paid. He stated that staff is recommending that the contract for one year be awarded to Associated Business M4chines ot Naples for typewriter maintenance services. Commissioner Volpe questioned if there is a possibility that one ot the unsuccessful bidders would challenge this if the contract was awarded to Associated Business Machines ot Naples, to which County Attorney Cuyler stated that it could be challenged, but in his opinion they would not be successful. Mr. Richard Greco of Business Machine Sales stated that he currently holds the contract for the County and has done so tor many years. He stated that he bid on this item as well as Associated Business Machines. He indicated that two years ago, Associated Business Machines was low bidder, but atter review of their qual1fica- tions, they were disqualified because they did not have the qualitied personnel to service the machines. He stated that 209 ot the 210 aachines that are being serviced are machines that he is an authorized dealer tor and ~ssociated Business Machines did not have the creden- tials two years ago to service these machines. He stated that when Associated Business Machines (ABM) , became low bidder, he challenged this matter. He stated that this is when he found out that 10 service people were identitied in their bid and they also indicated that they had one service center on 5th Avenue North in Naples, when actually these 10 service people included their Fort Myers office which was not mentioned. He reported that on Page 12 of the proposal, it indicates that the Bidder further declares that the only persons, companies, or parties interested in this proposal or contract be entered into as principals are named herein; that this proposal is made without con- nection with any other persons, company or companies making bidder proposals and it is in all respects fair and in good faith without collusion or fraud. He stated that the bid was opened up to all busi- ness machine operations in two counties; Lee County and Collier County. He noted that Associated Business Machines of Fort Myers is a d Page 26 ... .. __a. -----.-.,---. -- _.",-"".",- -----~---,-,... Apr 11 ..., 1989 total separate and distinct corporation from the one in Naples. He indicated that most of the people and the credentials are trom Associated Business Machines of Fort Hyers and not from the actual bidder, Associates Business Machines ot Naples. He indicated that the service that Collier County will get will be from the Naples office only, adding that if he knew that collusion would be waived as a con- dition for winninQ a contract, then he would have entered into an agreeaent with one of his competitors, which would have put him in a better position to have a lower bid. He stated that this is not fair to the other bidders. He stated that he does not feel that it is a technical issue, adding that it is a blatant violation of the bid pro- cess. Commissioner Volpe questIoned it the next two lowest responsible bidders are qualitied as there is only $304 ditterence, to which Mr. Ochs indicated that their qualifications were not checked, only the lowest bidder, and if their qualifications and credentials do not prove to be in order, then the next bidder is checked. He noted that this type ot evaluation could be done and brought back to the Board. Purchasing Director Carnell stated that when the County takes sealed bids, the requirements are specified and pricing is asked tor and then the analysis process and th~ award process is to the lowest qualitied responsive bidder. He stated that they only look at the tirst low bidder and find out if they meet the qualitications and then if they do not, the next bidder is checked. He noted that in the judgement of the Staft, Associat~d Business Machines is qualified to service this contract when the combined resources ot both tirms are considered. He stated that the ABM bid offer did not identity that relationship which was called to his attention. He stated that he talked with references in Collier County that are serviced by ABM and they do not have any problems with them. He noted that the firms were asked to submit certificates indicating that their personnel are trained to service certain typewriters, which they did. He noted that two years ago, ABH was disqualitied because they did not provide the ~9 Page 21 -. --------------- ,-- April 4, 1989 docuaentation that was required. He noted that the two corporate entities are simply a family business, adding that these are two separate corporations which have two distinct board ot directors. He stated that Staff feels that this is only a minor detect and they recoamend that this bid be awarded to Associated Business Machines. County Attorney Cuyler stated that the evaluation ot the service has to be done by Staff, but with regard to the collusion issue, Statf was aware that there were two corporations involved immediately after the bid submittal and there is nothing in County policy or the bid specs that prohibits the two corporations. He stated that the docu- ..nts that supported the bid made it clear that there was more than one corporation. He s1ated that the Board has the ability to indicate that this is a technical detect and the bid can still be awarded. Commissioner Shanahan stated that he has a concern with awarding this bid to ABM based on the issues that have been discussed and questioned 1f Start could look at the next responsive low bidder and then come back to the Board, to which Mr. Ochs replied affirmatively. ~1_i0D8r Sha",.h.n 18OVec1, seconded by C~lsaionsr Ilaa.. and carr ted ~ 1 8IOa8l ." that Statt be directed to present in one ...k, the D8Xt low r..PØÞ81ve bidder depending on atatt evaluatlon, ba8ed on the CODC8rD tha t the bid was no t r Its'pOn8 i ve tot he spec i tic a t ion.. Commissioner Saunders stated that this was, however, not a rejec- tion of any bid. It- -.a.t n.&n 1'0 ~.n WI'l'B 'l'JD MKDIATIO. PftOCass I. COOPDATIO. WI'l'B DCA I. ..... a ".,. ft 'ftI8 8C* :. .. ~ PLAJI AJn) COO1ITY ICIJL\CJD 1'0 DTD nrro A ~ WID I'LORIDA STAn tUUY&KSITT FOft SDVI:CU or A JØnIATOIt Stan Litsinger, Director of Office of Growth Management, stated that with regards to the process of mediation that Staff initiated with the DCA two wepks ago, they accepted the otfer ot informal mediation on the County's terms and they have selected, Mr. William Bryant of the law firm of Foley and Lardner of Tallahassee. as the mediator. He noted that he is eminently qualified by experience and training to undertake this process. He stated that the Florida State 60 Page 28 ,-~,,--,_....,-,...-,---- ." . '" "'--------'---'-----"--'-- .~ April 4, 1989 Oniversity would contract with the County for the provision ot aediator services and the services ot the Conflict Resolution Consor- tiwa, adding that the contract calls tor a cost reimbursable basis ot $23,064 Which includes 40 hours for diagnostic interviews by the .ediator with the County and DCA; 5-tive hour mediation sessions; and 20 hours tor research and preparation ot the mediation results. He stated that there is also $2,000 tor travel expenses included in the contract for the mediator and $1,700 tor travel and other related exper:.aes tor the Conflict Resolution Consortium. He noted that under the contract, the County would pay up to $23,064 through the mediation process. Co..issioner Saunder~ stated that he did not realize that there would be a fee associated with the mediation process, adding that it there is simply an administrative hearing, this cost would not be incurred. Mr. Litsinger stated that the administrative hearing may not be held until at least September and this could result in undetermined legal expenses, both internally as well as outside counsel. Co..issioner Shanahan questioned it the grant money would ottset this cost, to which Mr. Litsinger stated that the DCA has a substan- tial aaount of money available to counties and municipalities tor bringing their plans into compliance, once an agreement is reached. He stated that Collier County is probably the only candidate in this tiscal year and there is a lot of money available. He indicated that it is undetermined at this time whether direct mediation costa are reimbursable. He stated that in the proposed policy to DCA, H indi- cates that the DCA would not assume the cost of the mediator, but the ~ounty would. Coaaissioner Sa~Jers stated that there is only one substitive issue that the DCA has raised in their intent to reject the plan, which is the time period that the County will re-evaluate all the z~ning in the County. Mr. Litsinger stated that another issue may have to do with the (pI Page 29 ,-,-,--«._--~,-< ~~~-- »-<-<"--,--,>.,,< --'--' Apr il 4, 1989 tive year KindoK tor concurrency and availability ot facilities, adding that the zoning re-evaluation may be an easier issue to mediate than the concurrency issue. In answer to Commissioner Saunders, County Attorney Cuyler stated that the mediator may be another impartial voice that may be advan- tageous to the County. Mr. Litsinger stated that as soon as this procesG is approved, the aediator Kill come to Collier County with the assistance of the Conflict Resolution Consortium Kho is Dan O'Connell and he will meet Kith various key people in the County to determine the County's posi- tion on each issue. He utated that they will then go back to DCA and meet Kith the. and try to ascertain their true position, Khat they are Killing to give. and ",'ha t they are not willing to give and from that he Kill produce a document a~d those results will tell the County what can be resolved at the mediation table prior to an administrative hearing. Coamissioner Volpe stated that the iSS'¡~8 that have been raised in Collier County are not unique to Collier County as these are things that other counties are having problems with and these issues may be addressed by the Legislature. He stated that DCA is not going to make one rule tor Collier County and another rule for another county. Mr. Litsinger stated that by Collier County entering this process, other counties may benefit, but if there are compromised agreements reached Kith DCA, the plan can be in compliance much earlier than if the County had to go through the administrative hearing process. County Attorney Cuyl~r stated that when mediation tirst came up, he Kas not that much in favor of it, but the more he has thought about it, he feels that it may be to the advantage of the County. He noted that it is hard to deal with DCA on a one-to-one basis and an impar- tial party in-betKeen may be helpful. He noted that the County spent a lot ot time and money preparing the comprehensive plan and based on 8oae ot the issues that neerl to be resolved, he does not tee 1 that an additional $20,000 is a large sum of money to spend on this. 62/ Page 30 ---- -- -,---- ------- --- - ,,----"--"-'------. ---,---,-- ,,-. April " 1989 Co..issioner Saunders stated that he was an advocate ot .ediation when this tirst started, but now he is beginning to wonder it there are any advantages. He stated that concurrency may be a major issue, but the Legislature will be struggling with this issue and it is not known how it will be resolved or if there will be any change, but there is a potential for a legislative change. He stated that a IDediator in Collier County is not necessarily going to effect an issue in Collier County that is going to be a State-wide solution. He noted that the mediator will not be able to enter into an order that is going to be binding on the State as long as the hearing otticers and the Court ot Appeals is evaluating the legal issues. He reported that it was stated that DCA is not easy to compromise with and IDediation is compromise. Co..issioner Shanahan questioned when the administrative hearing will be coming up tor Brevard County, to which Mr. Litsinger stated that it will be sometime in .July. Co..issioner Saunders stat~d that regardless of what happens in the mediation, DCA is not going to be bound by it as it is a technical legal iss~.! that can be resolved through an administrative hearing process and by an appeal through the District Court ot Appeals in Tallahassee. He stated that he does rot see the advantage ot going through the mediation process. ColDJllissioner Volpe stated that he agrees with the Chairman, adding that he teels that DCA will be reluctant to enter into any agreement until all legal technical issues have been resolved through an admi- nistrative hearing. Coll8issioner Goodnight stated that if Florida State looks at the County's problem and finds a common ground tor DCA statt to look at and County staff can agree to, the County will be in a better posi- tion. She stated that she does not teel that the Legislature is going to do anything this year because there has been no consistency in this matter. She stated that no one is supporting the bills that are pending before the Legislature. She stated that it the County can 61 Page 31 .-----.-.--"" ""'-----"-'--"- .. - ~ ...-. ~'-""""--- April 4, 1989 take an alternate route instead of going through administrative hearings and prolonging the matter, she feels that this should be done. C i _l0Di8r ..... 8OV8Ù. eecODðed by C~las10tl8r Volpe and carried a/2, (ec-1_icmera Sh8naban and Saunders o~), 1:hat S1:"ff be direc-1:ed 1:0 proceed with the 88d.lation proc_s. Mr. Litsinger stated that Statf is in the process ot preparing a do~Ulent Kith the broad spectrum of possibilities that may arise out of lIediation Khich he will presented to the Board. Page 32 {¿,f ---,-,,~ "---- April 0&, 1989 I ~ ..,. LU. A2 ll'Uuwrt MI.,,_xiI "-1" AJn) "-149 - ADOPTKD Ç-i.-loner Ooodnlght 8OVed, SftConded by C~is.ioner Bas- and carr 18c1 w:D8I118r..l81y, that Budget ~ts eSt-us and "-14' be ~8cI. Co..iasioner Volpe stated that he would like the Finance Director to identify in the future any budget amendments that have not been previously discussed by the Board. Commissioner Shanahan que8t1oned if Public Works Administrator Archibald is going to receive the FP&L agreement that is listed on the overdue docullent list, to which he stated that he has written to the. and is expecting the return of this agreement. It:- .12.1. Bee J88TIRS IfILL JIOT H HELD O. ..11JJrB 20, .JUD 21, .roLY " .roL Y 11 AJn) .TO'LY 18 OWl: -- A PItOBLDI .&.RISKS Atter a general discusslon, County Manager Dorrill stated that it the need arises, a special meeting could be called, adding that he will check to see if there are any potential conflicts and report back to the Board. It was the general consensus that there be no BCC meetings on .June 20, .June 21, July 4, July 11, and July 18 unless a problem arises. It- .12B ~Ift PRODOCTIVITY PItOGRAM TO BE DEVELOPED Commissioner Saunders stated that thifJ is not where there is any adversarial role between the Board and the County Manager, adding that his objective is to have a good solid formal productivity review pro- cess that is a cooperative arrangement between the County Manager and the County Commission. He stated that by doing this, the public can be assured that they are getting the most governmental services tor their dollar3 which would enhance the County's reputation. He indicated that the downside is extremely limi ted, adding that the worst thing that could happen is that the County finds out that there are areas where money could be saved to make the operations more etficient. He ,....- &.5 Page 33 "-'"""'~-'~"'4" -.,-- "-- "-' ~ ,- --------,----- Apr 11 4, 1989 stated that it it is determined that the County is so etficient that there are no areas where the County can be more etticient, this is something that should be found out. He indicated that there is going to be areas in a County as large as Collier County where some ot the procedures could be improved to some degree. He stated that thie an objective 80 that the community can be assured that Collier County goverruaent is efficient and he would like to see a tormal review pro- cess be developed that is independent of the County Manager, adding that this independence would be necessary for the reports to be more acceptable. Collllllissioner Hasse stated that he teels that the County Manager is doing a tine job and is taking care of his Statf as he should be. Collllllissioner Saunders stated that he is not dissatisfied with the operations ot county goverruaent, adding that he is convinced that in any organization the size of Collier County government, there are ways to economize. County Manager Dorrill stated that he does not find any argument with what the Chairman is saying, adding that since Collllllissioner Saunders became the Chairman, he teels that he has been trying to improve the image of County government. He indicated that he has strong teelings about where and how internal management improvement should be conducted. He stated that he feels that all the Com- missioners are in support of a more efficient government. He noted that the County Manager's agency is the only agency in this community that is involved and has developed internal management and produc- tivity capabilities which is a good management process. He stated that this agency is leading this community in saving taxpayers dollars. Commissioner Vol~e questjoned if there is a management produc- tivity program that is in place that was adopted by the Commission, to which Colllllliesioner Saunders stated that he is convinced that there are people that would volunteer time to help in this type of pertormance auditing. He stated that the Clerk's office would provide some tech- ~IR Page 34 . ,--,-..__.._--,-",,--- '""'-'-----'_._----"". ; April 4, 1989 nical support. He indicated that he sees this as being a total oper~- ti~! arrangement between the County Commission and the County Manager, adding that this would help the County Manager. Commissioner Saunders stated that on Page 21 of the County Manëlger's report it says that the FY 88-89 program should result in improving the effectiveness and efficiency of County government, and it should develop a more comprehensive productivity program as tunds permit. He noted that he would like the Commission to tollow the Manager's report. He indicated that the only change he would suggest is that the program be structured so that the report comes back to the Co_i.sion. Co~issioner Shanahan stated that the Commission has a respon- sibility to the public and the better the County performs, the "asier it is to collect tax dollars. He stated that he teels that the pro- ductivity program should be continued, as it is needed. He indicated that the County Manager has put together a nice report, but it needs to be more comprehensive each year in order to measure the results. Commissioner Goodnight stated that the Manager should be instructed to make a report at the end ot each fiscal year with regards to what departments will be looked into that year and then a final report should be done so that ~veryone will know the outcome. Commissioner ~aunders stated that this process should be done, but there should be an independent group doing this job that should report to the Commission. Commissioner Shanahan stated that he does not know how this can be done at this time without considerable cost, but goals, objectives and cost saving devices are needed. Comaissioner Goodnight stated that she feels that she has two e.ployees; the County Manager and the County Attorney, and they have to answer to her and it they do not do the job, then she feels that new employees should be tound. She indicated that she does not have a problem with either the County Manager or the County Attorney and the jobs that they are doing. Page 30 c,7 _. .",._-,-------_.... ----- . ..""--,-,,,~,.,,--.,_._.- " .... . ---.----.---- Apr.11 0&, 1989 Coaaissioner Hasse stated that since Mr. Dorrill has become the County Manager he has seen a lot of improvemen t. He noted that if there is a problem with the way the County is being run, the Commissioner that has the problem should go to the County Manager to see it it can be resolved. Coaaissioner Saunders stated that he does not have a problem with the way the County is being run, adding that he is simply suggesting a way to insure the Commission and the public that the government js being run as etficient as possible. He stated that he feels that this is a way to improve County government. He indicated that he does not have the process detineu at this time. Commissioner Sha~ahan stated that he would like to suggest that every department have a productivity plan in place and that there be a better mechanism for reporting information which would be reported to the County Manager and then to the Board. hpe H Co8a.1-i one r Saund8 r s 1IOV8d, eeconded by C0881a.ioner Volpe, that a 80r8 CO8pret.nsiv. productivity progr- be devsloped; that the Ccnmty ec-i..ion aay a. a -tter ot policy that thia will be done and that the County Manager tell the Co_i..ion the beat way to do it as °r_..d to the County Co-ission telling the County Manager the be.t way to do It. County Manager Dorrill indicated that he would hope that within a month he would have a workshop opportunity with the Commission, adding that he would ask that the on-going program and reporting be deve- loped. He indicated that most ot the management review projects and dctivities come about through the budget. Open call tor t~ que.tlon, the action carrled unaniD0U81y. Clerk Giles stated that he feels that this County has a bigger need tor more internal financial auditing and perhaps at some point, operational auditing, adding that there are a lot of areas where the Clerk's ottice sees invoices coming in and the details ot the opera- tion cannot be veritied. ~r . Page 36 ,--, ,-'"'---'-'--'"'--' ---. "'---"'-""'--"".. ""---' Apr.1l 0&, 1989 Co..issioner Saunders stated that he would suggest that the Clerk meet with the County Manager and discuss these problems. Clerk Giles stated that he has a contract with the Board and these things will be presented to the Board at budget time. It:- .12C azaourrIOJI ...-12 APPOIJlTIKO IKVI.a L. BOZOK, .JO. C. STAIOO, ELL 1& IDUD, w. LADY DD&, .J. KDKIJU) ÞŒnS, .J.R. BUMPJIJ\fi, AJn) BOB TtJJ'J' TO TO 8OLID IU.8T& AlNISOftY COÞMITTD: - ADOPTED Adøinistrative Assistant to the B~ard Israelson ~tated that this item is to appoint members to the new Solid Waste Advisory Committee, which is an ad-hoc committee. She stated that on .January 3, 1989, the Board adopted the solid waste management reorganization plan and under the provisions, the Soll~ Waste Management Committee would be reconstituted as an ad-hoc advisory group. She stated that on February 28, 1989, the Board authorized that resumes be solicited tor this committee. She noted that it was stated in the Executive Summary that this ad-hoc committee be composed of 6 lay-persons; one chosen by each Commissioner and a chairman jointly appointed by the entire Co..ission. She noted that she received 8 resumes and/or letters and indicated who the people were that applied. Commissioner Goodnight stated that this committee is to consist ot 6 mellbers and it would ~e better to have an odd-number to break any tie votes. As8istant County Manager McLemore stated that the way this commit- tee wi 11 tunction will simplr be a review and comment comml,~ee, adding that they w ill not bave a parliamentary process. He stated that the Board could appoi1:" seven members if they would like. Mr. Bob Krasowski stated that he also applied tor this committee, adding that the last committee was dissolved because he was accused ot being too critical ot incineration. He indicated that he is opposed to this committee becaus~ it is the same committee that was dissolved. Commissioner Saunders stated that no one dissolved the committee because they were tco critical of incinerator, it was done because the committee was not moving forward at all. ~9 Page 37 ----,-..'_..,- ,,_.. .-., "",... " - """"--'-"""'- Apr 11 4, 1989 Co..issioner Shanahan stated that he would suggest that the seven people that are named have the opportunity to select their own chair- aar1. ec-.1_10Der Baa.. 8OVed, 8econðed by Coaal..1oner Irnm.ben and c err led 1m8Z1180'U8l y, that R8801ution 'i-i2 appointing Irving L. 8erzOD, 3ou C. Staiger, Ellie Kri.r, W. Larry E8ene, 3. ~ ""ra, 3. It. 1Ia:8pbrsy, IID4 Bob Tuft be appointed to the Solid Mast. Advi80ry C0881 t't.., be adopted. Page 38 7.0 . ..-.. ' ..-'-----.- ---.. April ", 1989 It.. .12D U ,000 OJ' TO U, 000 J'OR TJlAV&L TO U UJUURDD VOR DCB COMIfISSIOJID J'Oa TJtAnL TO UT.U.USU TO St7PPOln' UOISLATIv& ACTIO. Commissioner Goodnight stated that the Board is going to have to _ke trips to Tallahassee in the next couple of months and the way the policy is set, each Commiss~oner would have to come back to the Board tor approval. She sta".:<:~ t:1at with the time frame there may not be that possibility and she would like to have some discussion on this -tter. She stated that she has worked on the indigent health care issue tor the past 6 months and there is now a bill in the Legislature that sa'/s that the State is not going to put in their tair share and it is going to be left up to local governments and she would like to be able to go to Talla~assee when this matter comes up. She stated that there are other issues such as transportation, growth management, etc., that a Commissioner may need to go to Tallahassee when such an issue arises. In answer to Commissioner Hasse, Commissioner Saunders stated that each Commi3sioner had $2.000 for discretionary type ot travel and there was $",000 left over for the type of travel that Commissioner Goodnight is reterring to. Commissioner Saunders stated that he does not intend on going to Tallahassee, therefore, there could be a not to exceed $1,000 tigure tor each Commissioner that needs to go to Tallahassee. Co8ai8.100er Sh.an_~..n 8OVed, .econded by Coaal..ioner Volpe and c arr 1 ed 1IDo8D i8O118 1 Y , that 81,000 0 f the 8., 000 be earaarked tor _ch c-t..ioDer to U'avel to Tallahass.. during the currant legi.lative ....1on to e..........rt legi.lat1ve action that -y be iaportant to Colller County. ..... C~..ioner Sb..n-han 8OVed, ..conded by Coaal..ioner Baaee and carr i ed cman i aoual 7 I that the following it... under tlMo Consent Agenda be approved and/or ac1opted: ..... It.. .14.1.1 SA1'ISracno. or LID rea PROP&RTY OWJIER: DOLLAR STOUB, I.C., MARCO B&ACJI UJrI l' 1, 8x.ocx 20«5, LOT 3 See Page .Lf~-A. I It.. .1U2 tJ- Page Ie .... ,--_._---, ,- '.., -_.,._-~---""'_".m."'.. .."".."", ...,," ~ APRIL 4, 1989 SATIsrACTIOR OW LIEK WOR PROPERTY OWNER: .JOB F. ZIELXLOWS~I, MARCO ISLLWD CIIT 3, BLOCX 86, LOT 11 See Page --1¡~';1. - B. I It.. .14A3 SATISWACTIOR OF LIER FOR PROPERTY OWNER: THELMA WOODWARD, KAPLES PARK UIIT 3, BLOC'X 26, LOT ð See Page -M~ - (!.. / It.. IJl¿J.4 Moved to It.. 9A2 It.. IJ14A& RESOLUTIO. 8i-93, AUTBORIZATIOR TO SUBMIT APPLICATIOK TO BOUSIRG ARD t1RB.IUI DEVXLOPMJDrT (HUD) ADMIRISTRATIOR ROR-FORMULA RERTAL REBABILITATIOR PROGRAM See Pages ~ :J. .. n. I - j).;l.. It.. IJI'Bl Moved to It.. 9B' It.. IJl4Cl BID IJ8i-137ð, FOR TEKWIS COURT RESUR7ACIRG AT THE COLLIER COUNTY RACQUET WACILITY TO TOURRAKERT COURTS IR THE AMOUNT OF $1',376 Legal notice having been published in the Naples Daily News on February 27, 1989, as evidenced by Affidavit of Publication filed with the Cle.ck, bids were received until 2:30 P.M., on March 15, 1989, to consider Bid #89-1376, Resurfacing Tennis Courts. It.. IJ14Dl ACCKPT...-CE OW BUCXIYX PALMS, A CORDOMIRION, WATER FACILITIES ARD IRGRÆSS/EGRESS EASEMKKTS See OR BOOK 1430, PAGES 1088-1102 It.. IJl'D2 - Continued to April 11, 1989 It.. IJ14D3 BID IJ'i-137i, WOR LIFT STATI~R 17-A RESTORATIOR TO .JAS~O SERVICES IR TBB ~ OF $20&,iðO Legal notice having been published in the Naples Daily News on March 3, 1989, as evidenced by Affidavit of Publication filed with the '::lerk, bids were received until 2: 30 P. M., on March 22, 1989, to con- sider Bid #89-1379, Restoration at Lift Station 17-A. It.. IJl'D' RESOLUTIOR 89-9', DESIGRATIRG THE ACTIRG UTILITIES DIVISIOR ADMIRISTRATOR AS AUTHORIZED OWRER SIGREE FOR COLLIER COUNTY KATER-SEWER DISTRICT, THE MARCO WATER-SEWER DISTRICT ARD GOODLAND KATER DISTRICT FOR EXECUTIOR OF ROUTINE UTILITIES MATTERS See Pages 'f~-¡¿,~ 7~ Page 40 --,..._",.,---"---. ...", "-""-'--'--"""""""-'-'---' ,~,_. April 4, 1989 It.. #1'El rIVE YU.K LU.SE ~ Brnau BeC AJn) .JACK: .JODSO., .]'ft. FOR A 3ðO ACU PAJtCKL or LAJID AT '1'1m IÞMOULU AIRPORT FOR '1'1m PO'ItPOSE or CATTLE GRAZ I JIG See Pages ~:J.-¡:. /- F: It) It.. .1412 LIXI'l'KD oali' AGK&DmJrr BE'I1QU BCC JJfD SOU'l"BWZST FLORIDA COOJlCIL or BOY SCOOTS or AMKftICA, INC. FOR'1'1m PURPOSE OF CTILIZINO COOlfTY rAIRGROOlfD PJtOPDTY FOR A CAMP OCT See Pages 4d. -..,ff. /... JI.f' It.. IJUE3 R13KC'rIO. or ALL BIDS FOR rRJtIGBT/PASSElfGER ELEVATOR IX BOILD!KG .r., PO 8ID IJ1272, AJrD PRO.J'lCT POSTPOnD IlfDzrIIfITELY It.. IJI'&4 Moved to It.. 9~3 It.. .14Bl AUTO .&f.r.c:JWA8CK roa rn COMMOJrI'l'Y DKYKLOPMKJrr ADMIIIS'I'JlATOR I. '1'1m AIIOOft M . 2 00 PO MOJfTB It.. IJUI1 CERTIrICATES or CORRKCTIO. TO '1'1m TAX ROLLS 1988 ~ANGIBLE PERSONAL PROPERTY No. 1988-87 Dated 03/22/89 It.. IJIU MI$CKLLAJr&Qt1S CORUSPOJfDDCE rIL&D AlfD/OR RD':IRR&D The following correspondence was filed and/or referred as indi- cated below: 1. 03/20/89 Order from Robert E. Meale, Hearing Officer. Division of Administrative Hearings, re Case No. 89-1299G, Department of Community Affairs, Petitioner, vs. Collier County, Respondent. Referred to Neil Dorrill, Ken Cuyler, Stan Litsinger, Frank Brutt and tiled. 2. 03/22/89 Memorandum from Lewis O. Burnside, Jr., Director, Division of Housing and Community Development, DCA, re bond insurance for employees responsible for CDBG funds. Referred to Frank Brutt, Russell Shreeve, and filed. 3. 03/24/89 Letter from Paul R. Bradshaw, Director, Division of Resource Planning and Management, DCA, advising that DCA will be pleased ~o enter into informal mediation with County in order to resolve the conflicts surrounding the provisions of the Comprehensive Plan. Referred to BCC, N~il Dorrill, Charlie Gauthier, Bob Blanchard, Frank Brutt, Marjorie Student, Stan Litsinger, and filed. 4. 03/22/89 Memorandum from George Haynie, Director, Division of Accounting and Auditing, Office of Comptroller, re Pari-Mutual Distributions and enclosing the fifth and final payment ot FY 88-89 in the amount of $52,000. Referred to Joe Warren with check, and fi led. Page "I ?f , - ,..», -. v .'-.,.....,..... ",..-,.-,--.,", .... April " 1989 O. 03/22/89 Memorandum from Debra Mathews, Human Services Program Specialist, Alcohol, Drug Abuse and Mental Health Program Office, HRS, advising that the HRS District 8 Alcohol, Drug Abuse and Mental Health Program Office will provide Baker Act training to those persons involved with mentally ill clients on Friday, April 28, 1989 at the Holiday Inn - Bell Tower in Ft. Myers. Referred to Neil Dorrill, K~vin O'Donnell, and filed. 6. 03/28/89 Agenda from Florida Land and Water Adjudicatory Commission for Citygate Commerce Park Development ot Regional Impact, Collier County, Florida (Department of Community Affairs). Referred to Neil Dorrill, Ken Cuyler, Frank Brutt, and filed. 7. 03/22/89 Prehearing Statement from Diana M. Parker, Senior Attorney, David L. Jordan, Senior Attorney, C. Laurence Keesey, General Counsel, State of Florida Land and Water Adjudicatory Commission, DCA, r2 Cóse No. 89-6, Resolution No. 88-309. and Ordinance No. 88-93, of Collier County, Florida the Development Order tor Citygate Commerce Park DRI. Referred to Ken Cuyler, Neil Dorrill, Frank Brutt, and filed. 8. Minutes: a. 04/06/89 CCPC Agenda b. 03/07/89 Marco Island Beautification Board 9. 03/23/89 Letter froll Gerald G. Lott, P.E. District Traffic Operations Engineer, FDOT, re notification ~f changes in traffic regulations. Referred to Neil Dorrill and filed. .... There being no further business for the Good of the County, the meeting was adjourned by Order of the Chair - Time: 2:30 P.M. BOARD OF COUNTY COMMISSIONERS/ BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL .,. ~ß . '/ 00 L. SAUNDERS, CHAIRMAN ~ ,- ATa'EST: ('. .JAKEs C. GILES, CL~RK .- ~ ' J, ~ ". ,', "iv"" ~ . ~~. J // ~ ' ~/h~ -r /-,r .ø ( ,,/ '" '" , T sse minutes approved by the Board on '~ì(.(' J ," /I?l as presented ~ __or as corrected r ?~ Page '2 ,-"".""_.,---,--,-_.,,,,-- - " . ... ",----'" , -'----_._'----'-""""""""""'-'---"-""'~-"