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BCC Minutes 02/07/1989 R ~"'pl....s. ? orid~. February 7, 1989 LET I7 BE REMEMB::RED, that the Board of County Commissioners in and for the Count? of Collier. and also acting as the Board of Zoning Appeals and as the go'."'!rning board!s) of such spl!!cial districts as have been created according to law and having conducted businl!!ss herein. met on this d'ite at 9,00 A.M. in REGULAR SESSICR in Building "I'" of the Government Complex. East Naples. Florida. with the following ~embers prp.sent, CHAIRMAN, Burt L. Saunders VICE-CHAIRMAN, Max A. Hasse. Jr. Richard S. Shanahan Michael J. Volpe Anne Goodnight ALSO PRESENT, Ja7:1es C. Giles, Cleric; John Yonlcoslcy. Finance Director; Ell ie Hoftman and Maure....n Kenyon. Deputy Clerks; Neil Dorr ill. County Manag~r; Pon McLemore. As5i5tant County Manager; Brian Mackenzie, Assistant t ,) th.... County Manager; Tom Olliff. Acting Commun i ty D'?velopm'?nt Administrator; Ken Cuyler. County A'tcorney; David Weigel. Assistant rounty Attorney; Tom Crandall. Utilities Ad.inistrator; Mike Arnold, Assistant Utilitie5 Administrator; George Archibald, Public Works AdminiRtrator; Kevin O'Donnell, Publ ic Services Administrator; William Lorenz. Environm'?ntal Services Administrator; Harry H'.lber, Assistant Public Works Administrator; Hancy Israelson. Administrative Assistant to the Board; and Deputy Sam Bass, Sheriff's Department. Page 1 l u_.. FEBRUARY 7. 1989 Tape .1 It...3 AOpDA AP'PROV'ED WITH CHA1IGES C088iaaioner Shanahan 8OVed. seconded by Co..i..ioner Ba... and carried unaniaoualy. that the agenda be approved with the tollowiDIJ chant¡..: Ite. .1'F2 Authorize the Chairaan to execute the agr..aent tor field internship between Zaergency Medical Service. and Edison Coamunity College - Withdrawn Ite. .9H1 Pinal Statt report/public diacusaion on annexation to be heard at 10:30 A.M. It.. .983 Recoaaendation to approve a resolution authorizing the acquisition ot a drainage e.....nt tor the Poinciana area by gift. purcha8.. or condeanation - Continued to 2/21/89 aeeting. I tea .1484 Reco..endation to aaend County's short list de.ign services award to Wilson. Miller. Barton. Soll a Peelc. Inc.. consisting ot iaaediate approval and execution ot a Consulting Engineering Services Agree.ent Phase I Airport-Pulling Road aix-laning i.proveaents between Radio Road and Golden Gate Parkway and concurrent authorization to co...nce with negotiations with saae tira tor Phase II six lane design services between U.S. '1 and Radio - Moved to Ite. 9B' Ite. .UB5 Recoaaendation to approve and execute a Consulting Engineering Services Agreeaent with Bole. Mont.. I Associatea. Inc.. consisting ot roadway de.ign aer- vices tor laaokalee Road. C.R. 8'6, tour-laning iaproveaents between Junctions U.S. U and 1-15 coupled with a tea~ibility analysis tor the planned Cocohatche. River diversion canal pursuant to SrwMD Contract Mo. 88-5'2-0916 - Moved to Ite. 9Bð Ite..' MlRUTES OF SPECIAL MEETING OP JANUARY C. 1989. AIm REGULAR MEETIJfGS OJ' J'AJroARY 10~~~-1~L_t989 - APPROVED Co..issioner Hasse aoved. 5econded by Co..i..ioner Shanahan and carried unaniaou8ly, that the ainutea fro. the Special Meeting ot January ,. 1989 and Regular MeetiDIJa ot January 10. 11. and 2". 1989, be approved.. pre..nted. It.. .ðA DAMJr L. BREUnY. CHIEF OPERATOR. RORTH COLLIER COURTY MASTEM'TER PLAJrT - RECOORJ,:ZJ:D AS EKPLOY'lE OF THE MOJITB Commissioner Saunders recognized Dawn L. Breheney as Employee ot the Month tor February, 1989, and presented her with a plaque and a Page 2 ~ --""-."",.",",".,",,,,-"-..,-..- FEBRUARY 7. 1989 cash awar~ of $50.00. H"? commended her for her exceptional perfor- lIance. It.. .5B DIPLOYEX SERVICE AMARDS PRESEKTED TO SAJfDY BAcon AJn) LOMPEU1fO MALO Colllmissioner Saund"?rs presented employee service certiticates and pins to, Sandy Haclcney, Project Review Services for 5 years of service Lullpeung Walsh. Utilities, for 5 years ot service It.. NB1 SUPPLEKEXTAL AGREEMEKT WITH COASTAL EKGlREERIRO CORSOLTARTS. IRC. TO PROVIDE PRELIMINARY DESIGN SERVICES FOR COLLIER COCWTY BEACH REROURISHKER7 - CORTRACT TO BE AMEKDED; STAYP TO DISTRIBUTE RrP'S; ~JfIL~QITIg~Ak_~II'JG TQ--~~ rvRSt,]EJt ~mi-TI!E. !HE, CORPS OF E!,OIREEJUL ASRlst<lnt Publ1c Work Admin1strator Hub..r s'<lted that this item was di5CU55"?d and continued trom th.... January 31, 1989 meeting, to pro- vid~ '3ddi'~o:î;:¡ lntormat 1'Jn, He noted that the p' were concerns reçarding the competitiv"? s~l~ction process, and compliance with Chapter 287 of the State St'3tutes. He advised that it watt determined that the scope of services did not include provis10ns for services reyond the study phase, and it is appropriate to distribute additional RFP's tor further design services to complete thl'! project. He indi- cated that Staff is recommending that the existing contract with Co~stal E:ngineerinç. Inc, tor the study be amended to provide ser- vices by Tom Herbert and Associates for coordination with the Legislature and Coastal Engineering. He noted that Herbert and Associates will act as sub-consultant to Coastal Engineering. County Attorney Cuyler advised that competitive bidding for addi- tional engineering services is required to be in compli~nce with Flor1da Statutes. H"? noted that h... has reviewed minutes from several aeetinqs, and RFP'R. and the RFP was Rilent a", tar a", further services that would b"? required, He indicat...d that h... agrees with Mr. Huber's co-ent. in that, the sub-contract through Coastal Engineeriny. Inc. is appropriate. Mr. Huber stated that he is requesting authorization for Start to distribute the RFP's, and in the meantime. the Ad Hoc Committee will Page 3 1 _.. --. -"-' """""""""""""-'-'-'- FEBRUARY 7. 1989 have to submit recommendations for additional tunding sources to per- form the design services. Co_issioner Saunders stated that he had requested an evaluation ot the potential tor th~ Corps at Engineers to p~rform so~e of the engineering work. and aRked County Attorney Cuyler to explain the situation. County Attorney Cuyler indicated that he and Assistant County Attorney Weigel had a conversation with a gentleman from th",- Corps of Engineers on February I), 1989, noting that he will provide a summary of that conservation to thO? Commission. He stated that he was advi8ed by the Corps that project completion is anticipated to be 8 years. and it would be appropriate to pursue the Army Corps of Engineers as a back-up tor funding, in the event that something goes wrong with pri- vate funding or State çrants. For c jar if ica t ion purposes, Commissioner Shanahan questioned it today'a recommended action is to prepare a contract for Tom H",-rbert and Associates, distribute RFP's and pursue funding from the Corps of Engineers, in thO? event that something happens alonç the way? Mr. Huber replied affirmatively. but noted that a contract is not to be entered into with Herb~rt and A~sociate5, but that the contract with Coastal Engineering Services. Inc. is to be amended to include Herbert and Associates as a sub-consultant. Clerk G il es questioned what the amendment to the existing contract encompasses? Mr. Huber advised that the existing CO:1tract with Coastal Engineering was tor the original study and report which was presented to and approved by the Board ot County Commissioners in February. 1988. He indicated that thO? purpose of the amendment is to provide coordination services during the upcoming Legislative Session to move along the efforts of tunding and to have the project appear on an authorized list for tunding at the State 1 eve 1. He noted that Herbert and Associates will be providing technical information that the Legislature may require. Page , ~ --- ..----.......'" . -""'-""""'--- FEBRUARY 7. 1989 In answer to Co_issioner Volpe, Mr. Huber stated that the cost tor services to be provided by Herbert and Associates is approximately $33,000. County !o!anager Dorr ill indicated that the original intent was to Iceep the proJect eligible tor funding that will come trolll the State's Beach Renourishment Program. He noted that the intent behind Mr, Herbert's services is tor lobbyinç¡. environmental in nature. to work through the Legislative Committees and the DNR, to keep Collier County on the priority list and eligible tor State funding. I'!r. Huber advised that I'!r. Herbert will also be pursuing tunding troll! the Federal level. County I'!anager Dorril1 jndicated that there were concerns last week relative to the apportionment of costs between this project and the I'!arco project. He noted that the Marco Beach Renourishment Project Pund was reimbursed through a fund transfer for their appor- tionate share, adding that as a policy matter, the Board may want to entertain a motion that any additional funds spent on behalt of the Naples Beach Renourishment Project receive a similar pro-ration. Dr. Michael Steven. Vice President of Coastal Enc;¡ineering. Inc., stated that his tirm has tully met their contract requirements to date. He indicated that he supports Staft's recommendation, and is wi lli ng to go through the the bidding process, and teels that his tirm w1ll be selected as the most qualified. He noted that the current contract does possibly intf"rpret that the contract is to con-:inue. He indicated that his goal is to assist the County in achievinc;¡ it" objectives relating to the Beach Renourishment Program, He noted that he believes that the- intent. of Staft i" to enI'Jure that the project reaain active at the State 1 eve 1. with a continuous tlow of technical lntormation. He stated that DNR has indicated that this is a model project. and the environmental constraints are controllable. and they want the Legislature to be educated so they can appropriate matching tunds for construction, He stated that the work that will be required involves meetinc;¡s with Statf to establish strategies for legislative Page 5 q ,,0......, "...___.__0'_'- --- FEBRUARY 7, 1989 action. the U,S. Army Corp'J of Engin...ers; th... G~v...rnor's Oftice; State agencies to provid"! funding coordination; key Co~gressional and Budg...tary Staff at the Fed...raJ lev...l to help proce"ls th... action; and to meet with the Collier County Legislative Delegation in Tallahassee to pro".Iide technical intormation and assistance, and monitor th.... DNR budget which will require interaction and travel which will be pro- vided by Mr, Herbert, Mr, K...nneth Hunt or Marco Island stated that he supports Staff's position to continue with the competitive bidding process, Mr, Carl Berlce of Marco Island commented on the Marco Island Beach Renourishment Project. notln¡¡ that the Advisory Committee had indicated that competitive bidding would not be required for that pro- ject. since Coastal Engineering had b...en hired by the private indivi- duals who started that project, Mr. Huber advised that the sl'!lection of Coastal Engineering tor the Marco Island project was recommended by the Advisory Committee. Mrs, Charlotte Westman, repr...senting th... League ot Women Voters of Collier County. stated that the firm of Tom Herbert and Associates ;¡rovided seismic testing studies tor Texaco 8ome years ago, noting that this group and what they do is commendable, Attorney David Bruner of Marco Island requested information relating to the past contracts and monies paid for beach renourishment, Mr, Huber stated that he will provide the requested intormation to Mr, Bruner. Mrs, Ann Bruner ot Marco Island stated that she understands that the lobbying that is to take place will be for the County beaches, other th>tn Marco Island. She questioned if the contract will include Marco, once an understanding is reached r...lating to beach access? County Manager Dorril1 stated that Marco Island is not contri- buting to the tunding of thO? NaplO?s, Vanderbilt and Park Shard pro- jec t, noting that they have received a tund transter in support ot the Marco Beach Project tor the money that was contrlbut...d to the County- Page 6 ,0 ~ ".."""-----. -..... ,,--_. .....-.....,--.-.".-.- -- , ..-"...- ." A'ä_.~~ FEBRUARY 7. 1989 wide Capital I~provement Project. Coaalssloner Saunders indicated that once Marco Island becoaes eligible for State tundinq. thO'! Board will take the necessary steps to pursue it, CO1I8i..ioner Shanahan aov.d. .econded by Co..i..ioner 8&8.. and carried unaniaoualy. to ...nd the contract with Coa.tal Engineering, Inc. tor additional .ervices; St.tt to di.tribute RrP'. tor .ngi- neeriDIJ. and pursue the pos.ibilty ot additional tunding troa the Corpe of Engineer.. eo..i..ioner Shanahan 8OV.d. .econded by CO1I8i..ioner Saunder. and carried unaniaoualy. to continue the policy relating to reiabur..-.nt tor the Marco Island &each Renouri8haent Project. . {' ~ ~ ~c..:- L ~ C!~t, ~ ~I'A."~ 't"l-/~ø/¡r. Page 7 \\ -"'..-..,-,,^-.. ,-.. _..'- .. --- .. ...,-.."..-.,.---,-"'-"- FEBRUARY 7. 1989 It.. "B2 USE OF ROAD FUXDS (FUXD 313) FOR PAYMElfT OP SBORTJ'ALL TO CORSTROCT TURK LAKES OW U,S. U FOR THE EAST WAPLES LIBRARY ARD SAK MARCO ROAD PROJECTS - APPROVED. STAFP TO TAX! APPROPRIATE LEGAL ACTIOR AGAIR5T TH-~_D~I,O]>EI!9L_T_HE- SA]( ~-~Q_1t~AJL!,~OJEÇ'!'_'1:Q_,O~1"AI1! RE I MB OR.S EME](T ?u.bllc Worlr.!1 Admlni<;t rdtor Archibi1ld stated that Statf is requesting approval to utilizO? Transportation Funds, in the form of gasoline taxes. to undertake a shortfall that is foreseen for two pro- jects on U.S. 41 East, He needed that the Board needs to consider the funding ot thO? shorttall tor each of the two projects as follows: &..t .&ple. Library Project - Mr. Archibald advised that this project involves an eastbound lett turn, westbound right turn. and exiting acceleration turn lan~s on U.S, U which will cost approxima- tely $85,000. He not..rI tha~ an adjacent shopping center developer will be sharing the access. and will sub1'Jidize a majority of the cost. He indicated that thp County's responsibility w11] be approximately 30-35\ of the cost. He 5tat~d that there is currently 510.000 in the the project tund availabl.. to construct the turn lane, ncting that there is a shortfall in the approximate amount of 520,000, He indi- .::ated that Statf is recommending that the shortfall be subsidized with gas tax revenues from Fund 313. In answer to Commissioner Hasse. Mr. Archibald advised that the original plan provided for a westbound right-turn lane, with a fairly short taper lane, adding that DOT is now requiring the addition ot the eastbound right-turn lane, and the acceleration lane. San Marco Road Project - Mr, Archibald stated that this project is subject to a threO? party Agreement between DCA, the FDOT. and Collier County, tor the utilization ot State grant tunds to build a turn lane complex and an entrance road for a development on the East Trail, He noted that in March, 1988. two bids were received trom two contractors and award was made. based upon utilization of grant tunds in the aaount ot $199,999. and the utilization ot tunds provided by the deve- loper, He stated that the project was complet....d on September 16, 1988. and payments ha~e been made to the contractor. but tinal payment Page 8 }1' -- ---,""-'- .- , ,-".".-."".-,,-.--.,,- FEBRUARY 7, 1989 has not been &'.;lde, since there is a shortfall be1:ween the total amount ot the contract and the tunds received from the State, and the deve- loper, He noted that the developer has made application to extend the grant to include the accrued interest. He stated that Statt has been waiting tor FDOT and DCA to siQn ott, so that the interest tunds may be utilized, He noted that the developer wi 11 have to subsidize the rera.aining shortt.a11 , or what the State doe" not fund, He indicated that this process will take some time and, therefore, Staff is recom- .ending that Fund 313 b"! utilized to pay the contractor, and tinal out the contract, and that the gasoline dollars will be reimbursed through development funding by the developer, or through the use of additional grant tunds from the State, Coaaissioner Hasse stated that it appears to be logical tor the developer to come forward and finance this. since he is the principal beneticiary. Mr, Archibald indicated that the developer has been u~able to come forth with the tunds, noting thi'Jt this places some burden on the County tc pay the contractor. Co-issioner Shanahan fitated that this project was completed in raid-Septeraber. and ne feels that the County should take care ot the outstanding dollars owed. and move ahead to obtain reimbursement. In answer to Commissioner Volpe. Mr. Archibald stated that the County is currently holding intere-st on the original grant tunds ot 5199.999, and the question is whether or not th... State will approve utilization ot the interest tor this project, or require that it be returned to Tallahassee. Commissioner Saunders questioned it the contract with APAC-Florida tor roadworlc is between that company and the developer? Mr. Archibald replied negatively. advising that the contract is be-tween Collier County and APAC, as stipulated in the Three Party AgreeJllent. He noted that it the County does not receive a grant, it will have cause ot action against the developer. Commissioner Volpe stated that he is not sympathetic toward the Page 9 J~ ----"--"'--" " , -----"--- -- ,-. "",,-,----",,..',,- FEBRUARY 7, 1989 developer. sinr:e he is liable for payment of the worlc that was done. He indicated that it the County is reimbursed by the State, that's tine. but 1 t therew111 bl'! no r...imbursement by the State, the deve- loper ill re,-¡pon5ib ,., to p't'¡ the County bJ1lck. Mr. Archibald stated that Staff will be following two approaches: to pay the contractor and. at the same time. pursue the developer to subsidize the shortfall. County Attorney Cuyler advised that the problem is that the County has an independO?nt contract with the road contractor. who is lookin¡¡ to the County for payment. Caaaissioner Hasse aoved, seconded by Co..issioner Sh8neh8n and carried unanl80U8ly, to approve the use ot Fund 313 tor payaent ot the ahorttall to construct turn lanes on C.S. 41 tor the ~t .apl.. LIbrary Project. Co88issioner Shanahan 8OVed, seconded by Co..issioner Goodnight and carr led 4/ 1 (Co..is.ioner Volpe oppo.ed) , to approve the U8e at Fund 313 tor pa~nt ot the shorttall tor coapleted turn lane. tor the San Marco Road Project; and Start to take laaediate legal actlon aqa1n.at the d..,eloper, - nece.sary, to obtaln relabur..aent ot the tUDð.8. It.. ~B3 - Continued to 2/21/89 It.. nlU COWSULTIRG ~GlREERIKG SERVICES AG~ WITH WILSOR, MILLD, BARTO., SOLL II nu, I_C. FOR PHASIt I SIX-LAJlIIfG IMPROV"EJIIŒ]I'fS OR AIRPORT RD. IR AR AMOUKT _OT TO EXCEED $267,1'°, AND DELETING THE 18' IRTERltST PUll TY, AND STATr TO COMMXRCIt FElt REGOTIATIORS 'OR PHASE II DESIOR ~~~~~-=-~PRO~R______--- --- ,--- Public Works Administrator Archibald stated that Statt is recom- mending approval of a design contract with Wi15(>O, Miller. Barton, SoIl Er Peele. Inc, to provide engineering design services tor the six- lanin¡¡ ot Airport Road. He indicated that the project has been deve- loped under two phases, Phase I is 1.4 miles from Radio Road, north to Golden Gate Parkway, adding two lanes to the existing median, and providing tor any environmental permitting requirements. He noted that Start is anticipating that the design will be completed within Page 10 1et -.,-.. .-,. ....,-,_.."._-- FEBRUARY 7, 1989 210 days, and construction beginning in December, 1989, which is con- sistent with the County's Five Year Road Program. He stated that the total dollar aMount f()r this project is $267,140. and includes tixed costs tor the design, surveying, anct environmental permitting. He indicated that in addition to th.... contract amount, Staff is requestlng approval ot two set aside ¡terns: $30,000 will be needed if separate design is required for water management permitting requirements; and 10\ change order authority. which is fairly standard. He advised that there will be reimbursable costs: two 16" torc.... mains and water mains that will be done tor the Cit-¡, and to be included in the project, tor approximate design costs of $67.5'0; and a Joint Participation Agreement with the Florida Department ot Transportation, whereby, the County will be reimbursed a maximum of $140.000 tor this project. In answer to Commissioner Hasse. Mr. Archibald advised that there will be right-of-way constraints, affecting adjacent property owners, which may not be a p06 it i',¡e. Comaissioner Volpe questioned the phasing of the project, and re-establishing the priorities of six-laning Airport Road between Radio Road and U,S, '1? Mr, Archibald stated that the priorities. as set forth in the Five Year Work Plan. will remain in tact, noting that what is being changed is the segment ot Airport Road from Radio Road to U.S. 41, in that, this project will be dif terent from the phase that is being requested for approval, He indicated that it will involve several right-ot-way acquisitions, and it needs to be looked at in expanding trom , lanes to 6 lanes, and an analysis to reflect future build out ot 8 lanes VB. I) lanes. He noted that the priorities are not changing, but this pro- ject will occur after improvements have b~en made from Radio Road north, and the time tram"? that has been set tor this project is May, 1990. Mr, Archibald stated that Staff will pursue a fixed tee contract with Wilson, Miller. Barton. SoIl lit Peek, loc., to design the roadway segment which was part of the Board ot County Commissioners' approval Page 11 I( _. . "'.,...,.,-..........-".---. ,------ .. FEBRUARY 7, 1989 in 1987 tor Wilson Miller to be involved, He noted that respon- sibilities are not being added to the design contract, but merely having two contracts tor the design to obtain results on the roadway as quickly as possible, Clerk Giles stated that he does not believe. under Florida Statutes. that the County can pay the 18\ interest penalty as con- tained in this contract. County Attorney Cuyl~r advised that this is a business decision, to be determined by the Board ot County Commissioners, the County Manager. and Staff, as to whether or not it is a good decision. He indicated that there is nothing in the Statutes that precludes the County from paying this, Finance Director Yonkosky stated that in many Attorney Generals' opinions, it detines that it it does not state you can do this. than you aay pay interest. but noted it is a bad business decision to do so. eo-i..ioner Shanahan 8OVed, .econded by Co..ie.ioner Baa.. aDd carried unaniaoualy, to approve the ConaultlDIJ Engineering Service. Agr....nt with Wllaon, Miller, Barton, SolI 6 Peek, Inc., tor Pha8e I Alrport-Pulling Road aix-laning iaprove..nt. between Radio Road and Golden Gate Parkway, deleting the 18' interest penalty, and concurrent authorization tor Statt to co.-ence tee negotiatlona wlth a... t1ra tor Pb.aae II .ix-lane design aervlce. between U.S. U and Radio Road. ú~~~..:--- C ~ ~~~1"II~o/it Page 12 1 ( ...-....,..---.. --,.- .co. .... "....-.,-,.-.,.,--.....",- FEBRUARY 7, 1989 It.. ri85 CO.SULTIRG EBGlWEERIXG SERVICES AGR!EMERT WITH HOLE, MORTES AJfD ASSOCIATES. ac. FOR ROADWAY DESIGX SERVICES FOR IMMOKALEE ROAD, C.R. 8'6. FOUR-LAJrIKG IKPROVEMZRTS BE~ER D.S. 'I AJfD 1-7ð, WITH A FEASIBILITY AKALYSIS POR PLAKKED COCOHATCHE! RIVER DIVERSION CARAL - APPR..o~D- ------------- ----------------- Public Works Administrator Archlbald stated that request is being made to approve a design consultant agreement with Hole. Montes &. Associates, Inc., tor the tour-laning of Immokalee Road between U.S. 41 and 1-75. He indicated that this project was originally negotiated in two phases. but Statt is recommending that th",- agreement as pre- sented include one phase, which will be continuous trolll U.$, 41. and ti'? into the exiting four-laning at 1-75. He noted that the total dollar aaount tor this project is $528,383,91. which includes the 1°' authority ot the contracting ofticer. and a $30.000 set aside tor a combination ot right-ot-way issues that may, or may not be necessary. He indicated this contract is based upon hourly rates, and the tim... fraae to provide each function. Commissioner Volpe stated that Staff is recommending the accelera- tion ot Road Priority '22, which is the sl!!gmp..nt of Immokalee Road bet- ween Airport Road and 1-75. He questioned what eftect this will have on other priorities? Mr. Archlbald stated that the original Five Year Plan called tor the segment from U.S. 41 to Airport Road to be under construction 10 October. 1989, He indicated that based upon combining the two pro- jects. there is a need from the traffic standpoint to take both pro- jects concurrently. He noted that the project from Airport Road to U.S. 41 was originally scheduled for construction in October. 1989, and the next project was scheduled to begin in May. 1992. and completed in March, 1993. He indicated that request is being made tor that pr lor ity to be changed. and to include all the work in one contract because of the s"'-rvices and costs a'5sociated with it. He noted that there will be sufticient revenues tram impact tees to subsidize the $1.3 million dollars that will be addl!!d to the current contract. Page 13 }1 -.. .,,----_.,-....,.... .....-...- ,---.,---.., ....,-. . -" ..-.._--"~. ~ ---,-, FEBRUARY 7, 1989 ~..loner Shanah.n 8OVed, seconded by C088l..ioner Goodnlght and carr i ed un.an i8OUJll y, that the Publlc Works Adaini.trator be authorlzed contract authority in the aaxiaua aaount ot $&28,383.91: the Con8ulting !DIJ1neering Service Agreeaent with Bole, Monte. a uaoclat.., Inc. be approved in the aaxiaua aaount of $'&3,078.28, deleting the 18' interest penalty clause; and the Traneportation Departaent authorized to construct 3.& al1e. ot laaokel.. Road tor tour-lanlng iaprove_nts under a .1ngle bld lettiDIJ an award in lieu of two pba8e8. ~'" '. ~ '-- --",---- ,-~.,,',,'-,-_.'-,.,--- -'."----"'---""'. , FEBRUARY 7, 1989 ..... !lee::..: 10:30 A.M. - Reconvened: 10:40 A.M. at which ti.. Deputy Clerk ~enyon replaced Deputy Clerk Bottaan ..... Tape 62 Ite. .9Hl COUJrTY MAJrAGER TO PREPARE AJI IRFORMATIORAL PACKET FOR MAILIRG TO ALL REG I STERED VOTERS IR TIŒ PROPOSED A.JfJßXATIOR AREA BY TIŒ CITY OF IfAPLES AJrD BROUGHT BAC~_!'91L~IEM BY -~- BÇQ-9l'- nBR~AR¥_..1.!1 1989 County Manager Dorr111 st'!t~d th'!t the Commission's policy on annexation has been one of an advocate and fact finding eftort. adding that there has been an attempt not to oppose or criticize their colleagues at the City. He noted that Staft will explain some ot the findings and conclusions that were discovered as a result of a review ot the doculllentation of the consultants worlc. who were engaged by the City ot Naples. He stat~d that the County's perceived role is to challenge the City and to ask questions on behalf of the people who will get a chance to vote so that th'?re is '! full and public disclo- sure of all the facts. the costs, and the service delivery intor- mation. Assistant County Manager McI~more out 11 ned the Start's position as per the appended report. Mayor Edwin J. Putzell. Jr.. City ot Naples, thanked the Board tor the public meeting and indicated that the City of Naples is always anxious to cooperate w 1 t h the County in matters at mutual concern, He noted that the annexation issue was not initiat'?d by the City ot Naples. it was initiated by a number ot citizens of the conti\11.lOUS areas for help because ot their concerns that th~ir current daily needs were not being met. He stated that the County is having an extreme challenge in dl!!al ing with thl!! ~Y.plosiv'? growth. He noted that the City had a study pertormed and brought experts in from California to advise and educate the City because no one Icr:~w much about annexa- tion. He indicated that after studying the issue. it was learned that annexation is one of a number of planning tools .:snd it occurr':d to the City that this planning too] is important in helping to maintain the ataosphere ot the metropolitan community in whiçh everyone lives and also important in directing and managing the growth in the areas Page 16 J~4 .... ."_..".'-""""'~""'."- , ,...,...-,. ,--..,., FEBRUARY 7. 1989 around the Ci1.Y within their own water and sewer service areas. He stated that there is a substantial part or this area that is now unde- veloped and other parts are subject to PUD's. adding that the City is most anY.iou! in participating in the future development or this area. He stated that he is anxious and dedicat....d to have the public intormed at the facts. He reported that sE'ver<l1 meetings have been held with the pub 11 c in which experts on annexation have spoken as well as those in com.unities that have suftered from not annexing, He indicated that there have be"?n m~etin~s for over a y....ar and the City government has also been meeting with property owners in the contiguous areas such as Gulf Shore. High Po i nt, Poinciana Village. and the Country Club ot Naples, as well <IS those people within the City. He indicated that the City is portraying th"? tacts <IS th'?y se~ them, adding that there were 25 meetings held in the month ot January and there are 24 .eetings scheduled tor the month of February in order to try and make the tacts known, He stated that there has been questions with regards to how much it will cost the residents in the areas to be annexed. ~otinç tlla t the largest part ot the tax bill that everyone pays will remain, as annex<ltion w 111 not change that. He stated that the City's part of the <ld valar"m tax th<lt everyone pays 1,; less than 10% or the entire tax bill. He rooted that he believes that there will be no increase in taxes tor the residpnts of the CHy of Naples, Mayor Putzell said that they employed the Florida International University Joint Center tor Environmental and Urban Problems, under the direction of Dr. John DeGrove. who came up with the t 19ures that have been pre- sented. He stated that the concern of an increase should not be determined on taxpayers cost because it will be less than a 1\ benefit or burden. He indicated that there are Bome large issues that have to be resolved in this County such as zoning and the problems of density, traffic, the environment, the quali ty or lite. and how to mailltain and tinance these issues. He noted that the compreh"?nsive plans are wish lists and are promises by the government. but how they are financed is sollething that has to be considered before a sound decision can be Page 16 Jot ..,..-,-....-.,.......-.--..-..-... ~.._--"._.._...- FEBRUARY 7, 1989 _de with respect to annexation, Co.aission~r Volpe questioned wha: the motivation of the City i8 in proposing the annexation, to which Mayor Putzell stated that the environaent has to be protected and the City's laws and policies are strict. Coaaissioner Volpe then stated that the motivation is that it ls perceived by the City that the City can simply do the job that the County is presently doing. better. Mayor Putzell stated that the citizens continue to come to the City and ask that they be annexed into the City. Comaissioner Volpe stated that he is left wi th the impression that this issue is simply a beauty contest, noting that he teels that it should be indicated where the County is going with regards to being a provider of municipal services, He stated that the focus should be on what the County is prepar'?d to do. what the growth management plan ir.cludes. how the County is prepared to address deficiencies, and the challenges that the County faces, He stated that he represents the aajority ot the people in the area that is proposed tor annexation and the question is how are they going to benefit from being annexed into the City ot Naples? He stated that to this point he has not heard how these people are going to be benetitted or what increased benetit they will receive for their U tax increase. He stated that people have come to him from the City and have said that they are not happy with the level ot services that they are receiving trom the City, ~dding that he has seen a lot of people moving from the City to the County and not trom the County to the City, Mayor Putzell stated that based on the pertormance of the City, they have promised, planned, financed. and performed. Co-issioner Shanahan questioned how many people have called regarding annexation tram the County to the City and also questioned why there is such a nel'!d to annex lIore property? Mayor Putzell stated that the calls, Jetter!!!, and coaplaint. are sufficient enough to be of concern to the City. adding that over the Page 17 OÚ , """0,,__.'..0_.."".- --,----,.....0__0 ...... FEBRUARY 7, 1989 years there has been more than 100 inquiries. Coamissioner Hasse questioned how this area was selected, to which Mayor Putzell stated th~t the City wants to annei'. the area within its current water '=Ind seWf"r service areas only. He stated that the water and sewer services of the County Co~rthouse are being furnished by the Ci ty ot Naples and lð5t we.... Ie , the City was asked to extend water ser- vice to ~ast Maples Community Park which is outside their water ser- vice area, He stated that the City has decided to contine the annexation to the areas thðt receiv"? both water and sewer service, Co_issioner Hass" qupstioned where the City gets its water from, to whict'. Mayor Putzell replied trom the welltields in th.... ~ast County just like the County does. Coaaissioner Volpe stated that the report that was prepared by the Pinance Director is a mathematical analysis ot annexation which indi- cates that it is impossible for the City to provide the same level ot services to the area to bp. annexed as it currently provides to its existing citizens unless all citizens in the expðnded Citv have a significant ad valorem t~x increase or all citizens in the expanded City have a significant df>Creð5e in the levels of services received or citizens in the existing City will continue with the same level of services and the citizl"ns in the proposed annexation area will receive a lower level of services for several year'!!, Mayor Putzell stated that this analysis is not true and the City is not going to have s"!cond class citizens as 1 t is colll.lllitted to giving the same l~vel ot service to everybody in the annexed area as the City now enjoys or w11 I enjoy in the tuture, CoJllJllissioner Saunders stated that the level ot cooperation between the City and the County is at an all time high level, adding that he has had regular meetings with the Mayor and the cooperation will continue regardless of what happens with annexation. He reported that wi th regards to annexat10n there is a 1isagreement on some of the facts and that is the purpos"? of this ,lIeeting, adding that the City and the County are not to be in complete agreement on this matter, but Page 18 J ø1 '-'" ... , .. , ... ".,......- -.-.-....-.- "...-.- FEBRUARY 7. 1989 the facts will be )(nown. Mr. Prank Jones. City Manager of Naples, stated that there has be~n discussion b~tween th"? two stafts in trying to determine it there is a common gr'Jund to present financial data th;;,t can be used in ana- lyzing the issues. adding that thert! is not a great discrepancy bet- ween the point ot view that has been taken by th.. City and presented to the public and the positiO! that the County Staff has ta)(en. He stated that the issue is a sma 11 amount ot money that is for solDe ser- vices that th"? City has reported will not be ini'ially made available to County residents in the unincorporated area which pertain to solid waste disposal service which is under franchisp.. by the County, He stated that the ditterence computed by the County is about $55 a year per resident tor a single-tamily home and the cJt'¡ has ac)(nowledged that when the tranchise expires, they will be pn'pared to otter that service. H~ stated th'3t th"? history has be"?n th.3t the City can offer the services competitjv....ly with whatever servicp the County has available to the people. He stated that he has not received the report from the Finance Director. but will reply with some coDLlllents after receipt ot sam"? He indicated that in the City's interest to analyze the impact ot annexation on the tinances of the current resi- dents of the city, a colllpanion report was prepar~d with the intent ot using an economic model to analyze the tlow ot rpvenues and expen- ditures that would come to the City, which 5how..1 that there was a slightly positive benetit to the City during annpxation in providing the sallie level of service to the annexation areð as is currently being provided within the City, He stated that in ordpr to verify this report, h~ asked each depðrtment to prepare an Ooc;t [mate of pe rsonn.....l . equipment. and other c'3pital expenditures that they would need to serve th~se areas in the areas ot polic"? tire pr'Jtection. community development inspectors and planners and community services where parks and recr~ðtion and right-ot-way maint~nance is pr'Jvlded, He indicated that the results at these statt reports verified that the Dlodel was correct and those services can be provided at the same level ot eftort Page 19 JP& - -""'~"-'" .........,-......., ._.. ... ".-...-..",."""...,....- FEBRUARY 7, 1989 in the annexation area as within the City. He indicated that Staff has identitied the number ot police officers, the equipment that wl11 be needed. as well as a recruitmO'!nt program. HO'! noted that the City has attempted to negotiate an agreement with the North Naples Fire Control District whereby thO'! City would allow them to provide sollie portion of the service in this area and allow them to put their equip- .ent c:.nd personnel to good uSO'! tor which they would be compensated to ottset any impact that annexation might initially have had on thelll. He indicated that the City has been unsuccessful at this polnt to negotiate such an agreement, He indicated that the City is prepared to hire the p'?rsonn'?l that is necessary and purçhase the equipment as well as providing facilities to provide the same level of fire protec- tion service in this annexation area as they currently provide within the City, He stated that at least halt the residents that are In this area are located closer to City facilities tor fir"'- protection than they are to County tacillties. He indicated that there is a mutual aid agreement .in place within the City. He not'?d that with regards to parlcs and recreation !,;f'rv1ces. the City has recently worked an agreement with the School Board that would prov1dO'! the City with the facilities at each of the ,,>chools that might comc into the City through annexation, He noted that th~y are pursuing a program at th18 time fo.' those school sites. adding that he also teels that the coop~ration between the City and the County is essential in addresslng the very serious problems that will arise as the County continues to grow. He indicat~d that the City r'?lies a gr~at deal on the County in addressing the growth issues as they take place predominantly outside the City, He stated that the City does not intend through the annexa- tion program. to have an eftect on the County's ability to address either the operational needs or the comprehensive plan capital lmpro- veaent needs, adding that they would support interlocal agreements that would eftectively allow thO'! County to address those needs. Comaissioner Volpe questioned it the additional personnel i8 to i.prove and provide better service to the people in the annexed areas, Page 20 J 0"- ..--., . -""...."'.' ......-...-.-- .....-,- FEBRUARY 7. 1989 to Mhich Mr, Jones replied atfirmatively. Mr. Lyle Richardson. Naples City Councilman, stated that annexa- tion has b"?en brought i!bo'lt by thl'! lmmense growth in the metropolitan area over the past few years, adding that it has caused a shortage at services be i nç¡ furnished in the ditterent areas of the County being collbined with a lack ot tunding sources to properly ofter the ser- vices. He indicat~d that in 1970, the City had 12,000 people and it grew to 20,000 by 1988 and will probably go to 22,000 in its current ç¡eoqraphic area. He noted that the County has grown tram 38,000 in 1970 to 86.000 in 1988 and is projected to grow to 286,000 by the year 201~. He stat"?d that th"? r;¡rowth is th... hir;¡hest in the nation and extremely ditticult to handle, adding that over the past few years the County has sti!rted many projects and then had to stop for various reasons, He noted that in the last tew years. the Florida State Ler;¡islature forced both the City and County to prepare a arowth aana- gellent plan and in that iG a dp.termination of the things that the City should do, and the County, in order to achieve a level ot service that Mas determined by a citizens committee of 26 people that has worked through the Collier County Planning Commission and the Board or County Commissioners. He stated that there is a commitment to do these things in a five year period. He noted that the City ended up loti th a shortage at a partial parlc which amounted to $1 million and the County ended up with an S80 million deticiency it they followed through with the Growth Management Plan that was presented. He indi- cated that S28 million ot that would come trom ad valorem taxes currently in the budge t. another $8 million will come from parlcs and library impact tees. which leaves about $42 million to fund. He stated that the plan for funding requires 3 reterendums tor bond issues and it is a sizeable piece of money to be put together. He stated that the growth management plan did not cover beach renourish- sent or the recycling and disposition ot the remaining materials. He noted that the City built the capacity to service the area and they are in a rosition to handle the area without further major expen- Page 21 ) ,0 ....oo...........,.... FEBRUARY 7, 1989 ditures, addinc¡ that for the people in the City it will cost nothlng and for the people in the County who are asleed to vote on the annexa- tion, th'! cost increase will be l'!ss than a ot their tax bill, He stated that the issue 15 simply that the City is a government en t ity that is financially sound, able to talce on more work and is willing to do it, He stated that it would be helptlll to the County and would relieve the County trom some of their commitments and the dollar com- .itaents that have been made in the growth management plan. Co_issioner Volpe stated that within the areas that are proposed for annexation, the County has committed about $9 million tor that area in the Growth Management Plan and questioned if the City will accept the respons ibil1 ty to:' those commitments and those projects within the annexed area, to which Mr, Richardson replied aft ir- aatively. Co_issioner Volpe questioned it the City has a mechanism tor generating those revenues that will be required, to which Mr. Richardson stated that the City's capital improvement prograJl. is funded by the utility fees that the City gets and, by City Charter, they are co_itted to use that for capital, adding that it cannot be used tor operating, Co..issioner Volpe questioned if it is the tranchise tees that will tund ti.e capital programs, to which Mr, Richardson stated that it will tund the programs that art> the City's responsibility, adding that the road programs that make up part ot the $9 million will renain with the County. He noted that certain County ::'oads. the County must do. He stated that the City is willing to malce an interlocal agreement with regards to the road programs, Co..issioner Volpe questioned if the City has an impact tee ordi- nance in place, to which Mr. Richardson replied negatively, adding that when the road impact fee discussion came up, there was not a need for that money as the Capital Improvement Program was handling the needs and it was elected not to have such a fee. ComJI.issioner Volpe questioned it it would be necessary tor the Page 22 \ \ \ - ,,' .., -----"...-.-'...- ---- FEBRUARY 7, 1989 City to i.pose impact fees within the City limit!!, without annexation, to ",hich Hr. Richardson r~p1ied negatively. Co..ission~r Shanahan stated that the figur~s that have been discussed are !!ti11 in dispute, adding that the people have not had ample intormation trom the County on this matter. He indicated that the County is obligated to provide the information to all the citizens that "'ill be particip.ating in this election, Mr. Richardson stated that the cost ",ill be less than 1" using either thO'! County's figur,,"-s or the City's f igur,,"-s, Mayor Putzell stated that when the statement was made with regards to the a t igure. the County"S figures were being used, He stated that with regards to the tixed tlow ot tunds for the capital improve- lDent progrðJIIs, the City ot Naples has no general obligation debt and no revenue bond debt except tor two enterprise funds, water and sewer, adding that if there is a capital improvement program in the areas to be annexed by way ot a reterendum, the City has the financial capabi- 1ity to do it through bonds .and the user fees, Mayor Putzell indicated that County Manager Dorri11 has said IIOre than once that Naples is a quaint little town, adding that this sean. it is unique, He stated that the City is the business, the com.mer- cial. the financial, cultural and educational c~nter ot the entlre County. He stated that the City is in top tinancial condition and it also serves water and sewer into the County well beyond the city's borders. He noted that it is quaint in that it has the highest rated fire department as well as having a code entorcem....nt board that enfor- ces the City laws. Ht' stated that next month ht. expects that the City will be the first law p..ntorcelilent body in Southwe'St Florida to achieve national accreditation and it will then bp. one of less than 100 cities in the United States with that standing, He stat'?d that it is also quaint in that the Department of Natural Resources has used the City as a model for beach access around the State as there are 3' street endings at the beach that are paved and have parking. He noted that the County participates in the funding ot it and in giving the citi- Page 23 \\it ^^^- "'^'--'-'-""---""-' _..._-""_._~-""' ,,-- FEBRUARY 7, 1989 zens free parlcing permits, adding that last year the County agreed to pay $70,000 a year in two $3!1,OOO installments. He indicated that he is pleased to state that he has a checK tor the County tor credit on that $3!),OOO that was collected, He indicated that it is a small check but it shows that the City is unique in being able to run an etfective beach parking program. He noted that the City also has a volunteer police corp which is active and issues beach parking permits and in turn releases the uniformed officers for other duties, He stated that the City has landscaped lts medians and has street tree planting programs; has a recyling program ot paper in place which is a substantial savings to the City and the recycling program tor alumlnum cans will go into ,.t!ect at the ..nd ot February. Also, the City has an annual computerized road survey and maintenance program and a budget for it, He noted that the City is also a unitied. cohesive, coordinated government rurnishing the citizens of the area with all the serv i ces. He stated that the City does not have an independent tire district or law entorcement by a constitutional otficer, adding that the City is unified under one protessional head and statf. He noted that the developers outside the City use Haples as their address when they run their ads on radio and TV because Naples is unique. He stated that there has to be continued cooperation between the City anù the County because ot areas ot mutual concern like the Gordon River drainage basin, pollution in Naples Bay, and problems in protecting the environment. He concluded by expressin~ his desire to cooperate, his sincer ity in what is being done, and his conviction that it is right, Commissioner Saunders stated tor the record that the check that was received is in the amount of $2,972.00. Commissioner Hasse stated that the City of Naples is a fine COII- aunity but questioned it it will remain a fine community it all the additional property is annexed? Mayor Putzell stated that this is on/'! of the most important planning moves and they are committed to lIIaintajning the quality of Page 24 "~ "",...".,.",." ".,-"",-,."._- FEBRUARY 7. 1989 standards that they have and to extend them to the areas to be annexed, Commissioner Shanahan stated that Naples is a nice place to live but he would like to read som"? comml'!n~s regarding how the County teels, He stated that the zoning regulations ot the City and the County are comparable, adding that developments in the County under current ordinances are equal to or better than developments in the City. He stated that the County's new Growth Management Plan and Comprehens i 'Je Plan are considered the model in the State and the County's n~ development permitting systelll and unitied development code is a lIIodel for thf'. n"lt10n, Hp indicated that the County haø dedicated <t.n entire division of County government to the enhancement and protection of the environment, turther noting that the County's n~ aaended coalllercial zoning regulations will bl'! tar more restrictlve than the City's. He indicated that over the years, the County has developed the capacity to handle larç¡e complex development projects, adding that the County Is developing a growth management system second to none in the country. He indicated that the County is ç¡ocd and so ':s the City. Mr. Albert Bayer, 1134 8th Avenue North, stated that he lives in a worlcing man's neighborhood. He stated that he came to the lIIeetlng this date in a neutral pos it ion unt il he read the paper regarding questions and answers ot annexation which is a np..gative paper. He stated that the statements are more than distortions, He indicated that if he was a Park Shore resident, he would bl'! very careful which way he voted. Commissioner Volpe stated that the paper that Mr, Bayer is referring to. are questions that were aslced and answers that were given with regards to annexation, Mr. Curt Boyette, representing ACTS annexation which is a new group to tight annexation. stated that he would ask that the Co-lesion talce a stand a<;;¡ainst annexation. He stated that he lives in the annexed area and he has not received any information nor has Page 2!1 \ \~ --,-- .",._"""",.",.,.,._,.,_...- ,---,,- FEBRUARY 7, 1989 his neighbors, He stated that the City at this polnt has not tult illed their obligation to the people of the annexed area. He indicated that a lot of people in the annexation Area "B" are not homeowners and they have not received any information, He noted that a lot of prop~rty in this area is appraisp..d at $100,000 or less and the County has indicated that those properties are the ones that will receive the largest tax increase, He stated that the working class people are the ones that are going to feel the tax increase. He stated that if annexation passes, the population will increase by 50~ which w111 be a large impact. He noted that the Sheriff's Department w111 be handling the area of annexation until thl'! City gets their police torce together which will mean a lack ot police protection tor the first 6 months, Hr, J, Sandy Scatena ot 2990 Binnacle Drive, stated that he tinds it dHf icul t to believe that there will not b.... any increased cost to city residents and little or no cost to residents of the new annexed areas. He presented 18 pieces ot literature to the Board with regards :"0 annexation. Tape .3 Hr. Scatena referred to the impact analysis statement and the t.1çures that would be needed for fire protection. equipment, tacil1- ties, and personnel, noting that the information that the City has In this statement is incorrect. He stated that with regards to pollce protection. there has been no indication as to what the additional cost will be or if ther"? will be the samp.. level of service. He noted that there will have to be extra taxes because someone has to pay tor the growth. He stated that he objects to misinformation and would like to be assured that the people receive the correct intormation before they vote on this issue. Hrs. Jaclcie Burel of Golden Gate Estates stated that she has con- cerna with regards to the annexation because it these areas are annexed into the City, it has to aftect the rest of the people in the County area because there will be a loss of tax revenues and the I Page 26 \ 1 ~ ....-"",-.. """"---- FEBRUARY 7, 1989 Coun ty will still have to maintaln the roads in the ann~xed area. She stated that everyone is talking about the impact on the City residents and th~ residents in the proposed areas of annexation, but she would like to know what the impact will be on the County residents? She stated that the Board has not talcp.n a stand on this matter and the people in the areas that are not attected will not be able to vote on this matter. adding that the problem that she has is that the Board 18 maintaining a neutral position, She stated that she tee18 that it is in the best interest ot all taxpayers County-wide that th~ Board take a stand on this issue. ..... Deputy Clerk X4nyon was replaced by Deputy Clerk Eottaan at this ti_: 12:35 P.M. ..... Hr. Paul Dayton stated that he cannot understand the reason tor the proposed annexation, noting that he believes the affected resi- dents will be paying higher taxes. Co..issioner Volpe aslced Sherift Hunter to comm~nt on his Ottice's position regarding annexation. Sheritf Hunter stated that he does not want to destroy the good relationship that his office has with the City, noting that he wants to reassure that both departments are working tog~ther. H~ indicated that troll a professional 1 eve 1, he is prepared to worlc with the City during the transition to provide law entorcement. at the curr~nt level of service. He advised that he has six patrol districts, and addi- tional aanpower is identified each year depending on growth, noting that it there is an increase in population in a specitic district, there would be an increase in the patrol cf that area. Commissioner Shanahan questioned whether Sheritf Hunter feels that the protection provided by the Sheriff's Otfice is equal or better than the protection provided by the City? Sheriff Hunter stated that he docs not compare his Ottice to muni- cipalities, since he is responsible for the jail, warrants, civil ser- vice, and civil paper service, that is mandated by the State. He noted that his Oft ice is under a brand new adminiatration, and he Page 27 , \ (, -,.., ,-,-- ..",-...."..",..-...... .-..,,-.-.......-.. FEBRUARY 7, 1989 intends to ';/0 to the people in the districts, and ask the. what level of service they require, and tai lor law entorcement services to the areas i.pacted by those .,ervices, In answer to Commission....r Saunders, Sher it f Hunter replied that there is sutticient patrol in the Park Shore area, adding that there has been a problem with vandalism and parking after hours in certain areas by youngsters. Coamissioner Volpe stated that he is surprised by the number ot residents within the colllJllunity that are concerned about thelr safety and securit-¡, Coaaissioner Saunder~ indicated that he belip.ves that this hearing has been very constructive, noting that the pub lic has had an oppor- tunity to air specitic issues, and they now are aware ot the tact that they can turn to the County Manager and City M~nager tor information. He added that there have been lengthy discussions comparing the City to the County. noting that he feels that both governmental entities are doing a good job, but there is always room for improvement. He stated that he believes the issues that have been raised relating to tire protection and police protection need to be loolced at. Co-issioner Volpe stated that a ~resentation of tacts and iden- tification of issues have been presented today, but noted at this point, he is not ready to support the proposed annexation, based on the intormation that has been provided. Co_issioner Hasse indicated that he cannot say that he Is in tav- vor of annexation. noting that he believer that the County residents, as a whole, are satistied with County government. He stated that the Growth Management Plan will improve the entire County. Co_issioner Shanahan noted that many requests have been made today requesting additional information, particularly, from the County, He indicated that he believes that the County has an obliga- tion to provide an intormation packet to the registered voters in the proposed annexed area, ~..io~r Shan.~~n 8OVed, ..conded by Co_i..ioner a...., to Page 28 \ \1 ---.. _._- .---..-.-.,- .,. -. -- RBRDARY 1, 1i89 autborlze the County Manager'. Ottlce to prlrp81'e an lntor'88tJon.al pac: 1t.8ge, to be di.tributed by ..il, to the reglstered voter. in the propo.ed annexed are_. Coaaissioner Goodnight stated that as the Commissioner ot District 0, her constituants are the turthe'Jt away from the annexation problem, with one exception. noting that there will be a reduction in tax dollars, and her District is the one that receives the most tax dollars from the County. and hands baclc the least amount ot tax dollars. She indicated that she believes that when the Commisslon reviews a new budget, services will be cu t, rather than raising taxes, and her District will be the one to be aftected the most. Co8.lllissioner Saunders suggested that Staff submit the intor- lIIational package to th"? Board ot County Commissioners for review, prior to next Tuesday's meeting, so that it can be approved or amended. ** **SEE PAGES 2/?..;1. / - ¡4, 6 **** Upon call tor the questlon, the aotion carried unaniaouely. ... Rece.. 12:00 P.M. - 1:00 P.M. ... It.. ~1 BID #88-1360, GOLDEX GATE COMMUWITY PARE LIGHTED BASEBALL FIELD - BID RE.1'EC1'ED; SP~CIFICATIOKS TO BE MODIFIED, A.1fD STAn TO ßPDVUTISE BID Legal notice havJng been pUblished in the Naples Daily News on January 9. 1989, as evidenced by Attidavit of Publication t lled with the Cleric, bids were received until 2: 30 P. M., January 20, 1989, to consider Bid #88-1350. for the Golden Gate Community Parlc Lighted Baseball Field. Public Services Administrator O'Donnell advised that statt is requesting that the Board reject Bid #88-1350, tor a Lighted Baseball Field to be constructed at the Golden Gate Community Park. He stated that tour bids were received, noting that the lowest bid was ~221,OOO In excess ot the amount budgeted tor this project, lie indlcated that Staff believes that the specifications relatinq to electrical should be amended, and the project should be rebid. Page 29 \ \' .,_....,-..,.~,-_._, FEBRUARY 7, 1989 Co8ai..ioner Shanahan 8OVed, .econded by Co..i..loner Goodnlght and carr i ed ttna.n i8J'U81 y, to reject Bid .88-13~O; Statt directed to 8Odlty the 8P8citications, and readverti8e the bid tor constructlon at . Regulatlon Lighted Baaeball Field at the Golden Gate CO88Unlty Park. It- #'9<:2 SOIL UD WATD CO.SERVATIOR DISTRICT TO BE LOCATED r. '1'D PROPOSED AGRICt1LTUR.U. CD'TER A1fD STAn' TO IfEGOTIATE LEASE St1B.JECT TO REVIEW BY COOJrTT A no RJrEY Public Services Administrator O'Donnell stated that on June 14, 1988, the Board ot County Commissioners authorized Schmitt Design Associates, Inc", to d~siqn the Agricultural Cent~r, He noted that the County appropriated $7~.000 for the design work, and $200,000 has been received from the State to be appli~d toward design and construc- tion costs. Mr. O'Donnell adv~s....d that the Soil and Water Conservation District contacted h~5 otfice and requested that they be located in the proposed building, adding that they will require 925-1,000 SF. He indicated that since the District does not have uptront money to be applied toward the design and construction costs of approximately $80,000 for inclusion in the facility, Staff is proposing a 15 year lease arrangement at 5750 per month, ;¡lus an 8' interest amount. to recoup the County's outlay for design and con'Struction, Co8ai..ioner Shanahan 8OVed, .econded by Co..i..loner B.... and carried unaniaoualy, to conceptually approve the inclU81on ot the 8011 and Mater Conservation Dlstrict in the Agricultural Center, Imd Staff to negotiate an appropriate lease, subject to revl- by the County Attorney'. Ottlce. It.. "Dl JOI~ RESOLUTIOKS 89-25/CMS 89-1, DISTRICT 1; 89-26/CMS 89-2, DISTRICT 3; 89-27/CMS 89-3, DISTRICT '; 89-28/CMS 89-', DISTRICT ð, AUTHOKIZI.a ACQOISITIOR OP PERPETUAL ROR-UCLUSlVE UTILITY EASEMErrS UD rDIPORARY CO.STlroCTIOR EASr::MEJrTS FOR THJ: EAST A1fD SOUTH RAPLES SAJrITARY SEWER ~.~Q'-_,.Ç~Lq!:R ,cO~.~.\TE~::-~!;WE!t ßI~n.RlçT - ADOPTED Assistant Utilities Administrator Arnold adv1sed that this item is a continuing eftort by Start to obtain the necessary easements tor the South County Çollection System, He noted that Statf has made the Page 30 \ \"- """""'---' """""" ,----- """"""""" """".....-...,...,.."""" FEBRUARY 7, 1989 ettorts through Real Prop~rty, to obtain the~e ~asem~nt8 through gltt and settleaent offer. for less than the appraised otter. He stated that in order ~o tile a condemnation hearing in a timely fashion, Staft 1s requesting authorlzat Jon tel proce(o'd in that direction, Co881..1oner Shanahan aoved, .econded by Coaai.sloner Goodnight and carr i ad unan 180U8 1 y, to adopt Resolution 89-2ð/CWS 8i-l, Dlstrlct 1, tor the acqui.ition ot ea..aent. tor the -East and South .aple. S~tary Sew~r Sy.te.- project, and Incre... the tund1DIJ authorlz.t1on tor th1. ettort to Sl,ððð,OOO. ~1..ioner Shanahan 8OVed, .econded by Co..l..loner Goodnlght and carrled unani80U81y, to adopt Resolution ei-26/CWS 89-2, D18trlct 3, tor the acqui.ition ot e8888ent. tor the -East and South R.ple. Sanitary Sewer Syste.- project, and Increaa. the tundlng authorlz.tlon tor this ettort to Sðð,OOO. Co88i..ioner Shanahan aovad, .econded by Co..l..ioner Goodn1ght and carried unanillOU81y, to adopt Re.olutlon e9-27/CWS 89-3, Di.trlct 4, tor the acqui.ition ot e..eaents tor the -East and South .apl.. Sanitary Sewer Sy.t..- project, and increase the funding authoriz.tlon tor thi. ettort to $i6,OOO. eo...t..ioner Shanahan 8OVed, seconded by Co..i..loner Goodn1ght and carried unani80U81y, to adopt Resolutlon ei-28/CWS 8i-4, D18trlct ð, tor the acquisltion ot eaaeaent. tor the -East and South .&pl.. ~tary Sewer Syate.- project, and lncre... the tund1DIJ authorlzat1on tor thi. ettort to Sðð,OOO. County Attorney Cuyler advised that because of thelr bulk, the legal descriptions are not included in the agenda package, but they will be included as part of the record. - Page 31 \ 1" ""-. "'-""" ."""-".-- -- --'---"----"""-"--'--- FEBRUARY 7, 1989 It.. .11A BU1XlET Aft£AI1Jft&Jß"S 89-103-105 - ADOPTED ec-.1..1oner B.....e 8OVed., ..con4ed by C0881..ioner Goodnlght and c err i ed unan 180'U8l y, that Budget Aaendaent. 89-103-10&. be adopted. It.. .118 BUDu.cT AIuuIu"&Ju' RlSOLOTIOR 89-10 - ADOPTED ec:-i..loner Goodnlght 8OVed. .econded by Co..i..loner Bae- and carried unani80'U81y, that Budget Aaend8ent Resolution 89-10 be adopted. I Page 32 11'1 -,-- -... "-."..-""..."",,.--..,......,,- .....,......-..--..."..,,---.. _.. FEBRUARY 7, 1989 It.. .12.\ MARCO LCrTJIZR.U' C1roRCB TEXT FEE WAIVED AJrD STAn TO REVIEW DISTI.G ORDIXA8CES RELATIRG TO FEES OP THIS RATURE FOR POSSIBLE MAIVERS Commissioner Shanahan stated that request has been made by the Marco Lutheran Church to waive the tent tees for a rummage sale to develop funds tor Collier County. He advised that allot the monies that are generated troll the church go to Collier County and charlties wi thin the County. Co..issioner Hasse questioned whether waiving ot these tees is generally an accepted Policy? County Manager Dorrill advised that there is not a mechanism to waive these fees, but noted that the subject circumstances are dit- terent. He indicated that there is usually one request per month to waive such tees, Co..issioner Volpe stated concerns that it these tees are walved, a precedent will be set tor future events to ben...tit charltable orga- nizations, He suggested that the existing ordinance be redrafted, to exempt certain activities trolll the tees. He noted that he is not opposed to Commissioner Shanahan's recommendation, but teels uncomfor- table regarding precedent setting. County Manager Dorrill noted that a zoning review and lite satety Ins~ctions will be performed, ec-i..ioner Sh.80n..han 8OVed, ..conded by Co..l..loner Ba.8.. and carried 4/1 (Coaai..ioner Volpe oppo.ed) , to waive the tent t... tor Marco Lathem Church. eo.a.t..ioner Volpe 8OVed, 88COnded by Co..l..loner Saunders and carrled 4/1 (C088i..loner Shanahan oppo..d), that Statt be directed to revlew the exi.tlng ordinance. relatlng to tee. ot thl. nature, tor poe.lble ezeaption tor certaln tunctlona. County Manager Dorrill stated that Start will pursue the review ot the ordinances, when the annexation issue is completed, ... Co..i..ioner Goodnight 8OVed, .econded by Co..l..loner Ba.8.. and carried unanlaously, that the tollowlng ite- under the Consent Agenda be approved and/or adopted: ... Page 33 'IPS . ""-" .,.,...,,---......, .- '-'--""'-""""'" "" ' FEBRUARY 7, 1989 It.. .1..\1 ISODGTr .&Iu..81J11Ut..I.S TO TRAJrSFER RD'fAL ASSISTUCE BUDGET TO IEW COST CDTDS ro1I ALL THREJ!: SECTIOW 8 BUD PROGRAMS It.. .1.A2 SATlsrACTIOW or LIER POR KUISAKCE ABATEMERT/30USSEr ABAS See Pages .37- /3.1 It.. '1'A3 SATIS1'ACTIO. OF LID FOR JroISAJfCE ABATEMEJrT/ALEX 3. Ct1RRAJI S~e Pages 3'7, C' I It.. .1.A' SATISrACTIO. OJ' L:t~ FQ~ IlUISAJfCE ABA't.bI£JIT/PAUL STEDRAUT Se~ Pages ~__?~:¡)~L - It.. .1 US J'IJIAL PLAT OF M'EST CROWK POIJrTE, PHASE TWO FOR RECORDIRG, AJ(]) MoUnDAJrCE SECURITY WITH STIPt1LATIORS 1. That the final plat not be recorded until the required impro- vements have been constructed and accepted or until approved security is received for the uncompleted improvements and that construction shall be completed within 36 months of the date of this approval. 2. That no certificates of occupancy be issued until a street I ighting plan is submitted for approval by the Engineering Department. 3. That the Utilities Performance Bond required pursuant to Ordinance 88-76 be waiv....d (this work wi 11 be covered by main- tenance secu,it'ý to be provided by the Developer pursuant to Ordinance 71;-6) and that a maintenance security tor ten (10) percent of the total cost of construction of all intrastruc- ture improvements (water, s"'.wer, road and drainange) be pro- vided on completion and preliminary acceptance of the project by the County. for a period of one year. It.. 'UA6 rIJIAL PLAT J'OR MOOR ~ I UJfIT THREE I WITH STIPt1LATIORS 1. That the tinal plat not be recorded until the required impro- vements have been constructed and accepted or until approved security is received for the uncompleted improvements and that construction sha 11 be completed within 36 months ot the date of this approval. 2. That no certificates of occupancy be issued untl1 a street lighting plan is submitted for approval by the Engineerlng Department, 3. That the Utilities Performance Bond required pursuant to Ordinance 88-16 be waived (this work will be covered by main- tenance security to be provided by the Developer pursuant to Ordinance 76-6) and that a maintenance security tor ten (10) percent of the total cost of construction of all intrastruc- ture improvements (water, sewer, road and drainage) be pro- Page 3. ¡Pt -- ~".""'-"'-"-""-"--- ....,,- '-""-"-'-"""'-""- ", FEBRUARY 7, 1989 viðeð on completion and preliminary acceptance ot the project by the County, for a period of one year, It.. .14.A7 MUUJftA.IIT TO THE COJrTRACT BETWED COLLIER COU1lTY AJrD ICARD, MERRILL, Ct1LLIS, TIMM, ~ AKD GIRSBORG, P.A. See pagf>8_~2~ I - E, .3 It- #l4.Bl At1TBO1lIZATIOJI FOR THE IRSTALLATIO. or TO IJlTDIM MEDIU IMPROY-.-X'S OJI SOU1IIn BLVD. FROM GOLDD GAn PA.RXJfAT TO 18TH PLACE S.W. It.. #UB2 VEHICLE .0. 81621 DECLARED SURPLUS PROPERTY AJrD PORCRASE OI'J"ER I'ROM THE CITY or EVERGLADES ACCEPTED It.. .14.83 Moved to It.. .9B3 It.. #1.84 - Moved to 92. It- #1'8ð - Moved to 9Bð It.. #UD1 ACCEPTDCK AJrD RECORDIJfG or THE QUAIL CRXU, t1JfIT " MATER AJrD SEMER rACILITIES See Pages ()R'~/J/.IS" ¡;~ 1¿J.,t/-/~ 7/ It.. .UE1 BID ~8-13"8 FOR OFFICE SUPPLIES TO I'RC OrrICE PRODUCTS, rILE OKE, KAJtCO orrICK SUPPLY ARD orrICE SUPPLIES or BORITA Legal notice having been published In the Naples Daily News on Deceaber 26, 1988, as evidenced by Affidavit of Publication tiled with the Clerk, biðs were received until 2:30 P.M., January 11, 1989, to consider Bid #88-1348. for office supplies, It.. .1.£2 .uJrUAL LU.SE AGREDŒJrT WITH MARSTD L.EASUG CORPORATIO. a THE AMOt1Jn' or 87,020.00 IR IMMOEALEE See Pages _.3 -,;.. ¡::: /- F, a- --- It.. .1"'1 GRAXT APPLICATIOR FOR COST SHARE FOR EQUIPMERT FOR THE OCHOP£E rlRE COIlTltOL DISTRICT ---- See Pages -:::1 7- ~ / - ~ 9 It.. #1.1'2 - Mlthdrawn It- .1.Bl ~an JIIJf.&GD AGDCY REORGAJrlZATIO. - STRUCTURE, PDSODEL, ASSIGJI- ICD'TS P'D Øt1DG~T J.IQJI'DMEJn'S Page 35 p1 .. --,.- "-.,- '". ,- .. _.._----~_..-..........--..""""",-",--",,-- '-"""-"-"-"""""'-"""'""" FEBRUARY 7, 1989 See Pages _~'1...II. /.. H. /1 It- #UBI CZRTIFICATB3 ~R CORRECTIOR TO THE TAX ROLLS 19~3 No. 398 Dated 01/13/89 1984 1'10. 273 Dated 01/13/89 1985 1'10. 260 Dated 01/13/89 1988 Nos. 195/196 Dated 01-19/89 1989 Ro. 16' Dated 01/19/89 It.. '1412 DTJt.A G.A..I. TlKE FOR IRMATE ROS. 60133. 34010, U107, 52tH1, 35895, 34101, 46920, 411541, JUVUILE, 38682, 54417, 433153, 1581561 , 52098 It.. #141 KISCEI.L.\nOOS CORRESPOnE!,CE FILED AlfD/OR REFERRED The following correspondence was tiled and/or referred as indi- cated below, 1. Letter dated 01/23/89 trom Paul R. BradRhaw, Director, Division of Resource Plannin9 and Management, Florida Department of Community Affairs, to BCC Chairman. advising that the County's application for reserve tunds under the 1988-89 Local Govprnment Comprehensive P anning Assistance Pr09ram was not approved for funding, xc Neil Dorr ill, Tom Olliff, Charles Gauthier and filed. 2, Letter dated 01/20/89 from Thomas G, Pelham, Secretary, DCA, enclosing agenda tor February 21. 1989, Small Cities Community Development Block Grant Applicant Workshop. xc He il Dorr111. Bi 11 Lorenz and filed. 3, Memo dated 01/23/89 to Local Government Oft icials from John S. Shearer, Assistant Secretary, DER, re Federal Stormwater and copy ot Federal Register Part III, EPA. Letter only reterred to Neil Dorrill, Bi 11 Lorenz and t l1ed. " Memo dated 01/24/89 from Don W. Berryhill, P. E., Chiet, Bureau Local Government Wastewater Financial Assistance, DER, re FY 1990 Priority List for Wastewater Fianancial Assistance. xc Neil Dorrill. Tom Crandall and tiled. 5, Letter dated 01/19/89 to BCC trom John I. Bailey, Land Management Specialist, Bureau of Submerged Lands Management, DNR. re DNR Lease No, 11053'215, Lessee: BCC. xc George Archibald, Kevin O'Donnell, Clitt Crawtord and tiled. Page 36 (II ,.. ......"......-..---....""....-- "_.---"-'~-"-"" FEBRUARY 7. 1989 6. Memo dated 11/18/88 tro~ HRS Collier County Public Health Unit and annual report for 1987. Filed, 7. Minut...s: A. CC?C Agenda of 02/02/89 and Minutes of 01/05/89 and 01/19/89. B. Solid Wastp Management Advi~ory Co~m1ttee Minutes ot 06/02/88, 06/08/88, 06/23/88, 07/13/88 and 07/27/88. C. 02/14/89 ~olden Gate Parkway Beautification Advisory Committe"? agenda and Minutes of 01/10/89, 8, :.ot 1ce trom Katie Tucker, Executive Dir~ctor, Department ot Revenue, re Distribution of Constitutional and County Gasoline &: Spec1al Fuel Tax collected during December, 1988 w1 th 2 checks. Peterr"?d to Joe Warren with checks and tiled. ~. Memo dated 01/23/89 from 1', H. Treadway, Jr., Deputy Director, ::Jiv1sion ot Ad Valorem Tax, Department of R....venue, with an ...:?dated Florida ;)ept. of Revenue approvpd Bidder's List, ....ft"?ctive 0¡¡0¡¡89. xc Neil DorrilL Steve Carnell and f !led. 10. Letter dated 01/23/89 to BCC Chairman f,om Kenneth R. Hakanson, Division Manager, Sewe 11. Todd Iir Broxton, Inc., re File No, 82646-068. 11/22/88, JoReph Abbott. et aI, xc Neil Dorrill, Leo Och'9, Ken Cuyler and fil....d. 11. Copy of letter dated 01/11/89 to Mr, Charlie Green, Lee County Clerk of Court'9, to Bce Chairman re Grant-In-Aid Agreement. Piled. 12, Letter dated 01/16/89 from Daniel J. Mi'5cho, Con'trol1er. SWFRPC and a copy of their annual C,P.A. audit. Referred to BCC and filed, 13. ..etter dated 01/25/89 to BCC from G, W. James, III, Vice President, T. L, James Er Co., requestinr¡ an invitation to bid on dredging work for beach renourishment. xc Neil Dorr!ll. Steve Carnell, Harry Huber and filed. ...... There being no further business tor the Good of the County, the meeting was adjourned by Order ot the Chair - Time: 1:25 P.M. BOARD OF COUNTY COMMISSIONERS/ BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOA~D(S) OF SPECIAL DISTRICTS UNDER ITS CO!ITROL ArT~T""';;"';. ~ J~ . 'C. GILE~((~L£RK , ~ '£... ..:~ 0 'BURT L, SAUNDERS, CHAIRMAN .~~. C ',The I'l.nute~ approv~d by the Board o~~7 pl.! / ? /J' as pr.,en,t,ed ~ or a., corrected Page 37 s6? "'--'-'-' -" ,,-.....,-....-,..- ......., ...." ""0...'..--