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BCC Minutes 04/22/1986 R ---.,.., .. .. Naples, Florida, April 22, 1986 LET IT BE REMEMBERED, that the Board of County Commissioners in and for the County of Collier, and also acting as the Board of Zonin9 Appeals and as the governing board(s) of such special ~istricts as , have been created according to law and having conducted business herein, met on this date at 9:00 A.M. in REGULAR SEBBION in Building "F" of the Courthouse Complex, East Naples, Florida, with the fOllowing members present: CHAIRMAN: John A. Pistor VICE-CHAIRMAN: Anne Goodnight Frederick J. Voss Max A. Hasse C. C. "Red" Holland ALSO PRESENT: William J. Reagan, Clerk; Maureen Kenyon, Deputy Clerk; Donald B. Lusk, County Manager; Neil Dorrill, Assistant County Manager; Pam Brangaccio, Deputy Assistant County Manager; Tom Olliff, Administrative Assistant to the County Manager; Ken Cuyler, County Attorney; Tom Kuck, Public Works Administrator; Vickie Mullins, Community Development Administrator: Ann McKim, Planner; Tom Crandall, Utilities Administrator; Dave pettrow, Zoning/Planning Director; Skip Camp, Facilities Manager; Pat Carroll, Planning & Contracts Engineer; Nancy Israelson, Administrative Assistant to the Board: and Deputy Chief Ray Barnett, Sheriff's Department. Page 1 &OOK 093 mt 357 lQÐ( 093 ~';' 366 April 22, 1986 'rape '1 Itelll '1 ~~E~ - APPROVED WITH CHANGES CORmissioner Voss moved, seconded by COllllllissioner Hasse and carried unanimously, that the agenda be approved with the following changes: ð. Item 9EI rc aid '86-956 - Added at request of County Manager. b. Item 12B re after-the-fact extra gain time for Inmate No. 24946. c. Item 14B4 under the Consent Agenda - Withdrawn d. Item lOB re settlement of B & I Contractor VS. BCC case _ Added by County Attorney. Item '2 PROCLAXATION DESIGNATING THE MONTH 07 MAY AS "OLDER AMERICANS' MONTH" - ADOPTED Upon reading of the proclamation and presenting same to Egon Hill, Commissioner pistor moved, seconded by COllllllissioner Voss and carried unani~usly, that the proclamation designating the month ot Hay as "Older AIIIericans' Month" be adopted. Mr. Egon Hill stated thðt he would like to thank the Board for their compassion when it comes to Older Americans who are in need or ill, adding that the Board is outstanding in their contributions to the needs of these people. Page 2 - - - _.__._"'....._""....".> ... -""""'''''''''''''''''''''-~''-,,,..._---,.._-,,,,,~,,.,,, ~ ,. ¿ . &OOK. 093' p~r.! 3'68 April 22, 1986 It 8111 t3 ORDI~CE 86-16 RE PETITION 20-86-SC, COMMUNITY DEVELOPMENT DIVISION REQUESTING AMENDMENT TO ORDINANCE 82-2, THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OP COLLIER COUNTY BY ADDING SEC. 9.12, DONOR IDENTIFICATIon ON DONATED PUBLIC PROPERTY _ ADOPTED Legal notice having been published in the Naples Daily News on March 7, 1986, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition ZO-86-5C, filed by the Community Development Division requesting an amendment to Ordinance 82-2, the Co~prehensive Zoning Regulations for the Unincorporated area of Collier County by adding Section 9.12, Donor Identification on donated public property. Planner McKim stated that this is the ordinance relating to the procedure for an entity to donate property to the County. She stated that this was heard a few weeks ago and Staff was directed to make changes, which have been done. She stated that the major çhanges that were made under Section 9.12, special regulations for property donated for public use, were the addition of a few sentences which reads that any entity may r-equest to donate property to Collier County in accor- dance with those provisions set forth below. The acceptance of such property shall be at the sole discretion of the Board of County Commissioners. The Board of County Commissioners, in its review for acceptance of such property, shall consider the type of property including its design, color and size, the place of said Page 3 ----...,...... .. - .. April 22, 1986 property and other pertinent characteristics of the property. Upon acceptance of the property by the Board o~ County Commissioners, the entity shall be permitted to place its name on the donated property in the following form: "Donated by (name of donor)". She indicated that the rest of the ordinance has not changed. Commis3ioner Holland move~, seconded by Commissioner Goodnight and carried unanimously, that the public haarinq be closed. Commissioner Hasse moved, seconded by Commissioner Voss and carried unanimously, that the Ordinance as numbered and "entitled below be adopted and entered in Ordinance Book No. 23: ORDIrlANCE 86-16 AN ORDINANCE AMENDING ORDINANCE 82-2, THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, BY ADDING SECTION 9.12, TO PROVIDE THAT ANY ENTITY WHICH WISHES TO DONATE PROPERTY TO THE COUNTY FOR PUBLIC USE MAY PLACE THE NAME OF THE ENTITY DONATING SAID PROPERTY ON THE DONATED PROPERTY, UPON REVIEW BY THE PLANNING AND ZONING DIRECTOR AND APPROVAL BY THE BOARD OF COUNTY COMMISSIONERS; AND BY PROVIDING FOR AN EFFECTIVE DATE. Item '4 RESOLUTION CWS 86-2 PURCHASING THE WATER AND SEWER SYSTEMS OF THE EAST NAPLES WÄTER SYSTEMB, INC. - ADOPTED. AGREEMENT TO SETTLE THE LITIGÄTION BETWEEN THE EAST NAPLES WATER SYSTEMS, INC., THE GLADES, :NC., AND HUBSCHMAN ASSOCIÄTEB, ÄND THE BCC - APPROVED. MR. IRVING BERZON TO BE COMPENBATED $860. FOR OUTSIDE ATTORNEY'S FEES WITH REGARD TO SAID LAWSUITS Legal notice having been published in the Naples Daily News on April 13 and April 14, 1986, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider the &OOK 09ap~~;l aô.9 Page 4 lOO( ŒJ3 pn 370 April 22, 1986 acquisition of the East Naples Water Systems, Inc. by the Collier County Water-Sewer District. County Manager Lusk stated that about a year and a ~alf ago, the aoard directed the County Manager to buy three sewer plants; the Lely sewer plant, the East Naples Water Sewer System, and Deltona System. He stated that Lely was purchased about 6 months ago and he is before the Board this date to ask that the East Naples Water Sewer System purchase be approved. He referred to a map indicating the area that the E/!st Naples System covers arId the area that the County covers. He stated that the Public Service Commiss ion is in the process of granting a sewer area for East Naples to cover an area that the County complex would be in the heart of, which means that it becomes very advantageous to the County to purchase the system. He stated that with the expanded area that East Naples System would get, they would be a loser and the County would be a loser as there would be two uti- lity systems within the same area. He stated that it becomes very advantageous to eliminate one of these systems, which is why he is asking that the County purchase the East Naples System. He stated that the County could end 'Jp with an overall utility system that fits in the County's Master Plan. He stated that the purchase price of the East Naples System is $5.2 million, adding that part of that purchase price is 3,600 sewer impact fee credits and 4,043 water impact cre- dits. He stated that to protect the Impact Fee Ordinance the County has to show that there was capacity for the impacts, adding that there Page 5 - - - .. .. .. April 22, 1986 is more capacity in the water plant than there is in the sewer plant. He stated that it cannot be said that the County is paying this price as far as impact fees, because this is money that the County would never have collected, adding that it was East Naples' System and they would have used their system and the County could not collect. He stated that about 1,200 of these impact fees the County could have collected and will lose in the future. He stated that this is gOing toward the purchase price of the sewer plant. He stated that he feels that with regard to the purchase price, the General Fund should take a part in it. He noted that he told the Board about 3 or 4 months ago, that the value of the plant was about $2.5 million to $3 million. He stated that if condemnation proceedings had started, the County would have had to pay both sides of the Attorney's f~es which would have added about a million dollars to the price and would have ended up costing about $4 million for the plant, which is probably the true reflective value of the sewer system itself. He stated thac the bene- fits that will be received through the years also has to be looked at, adding that this will give the County the ability to serve the East Naples area this d~te, which is very important. He stated that this puts the County about five years ahead of their program. He stated that a part of this settlement is to settle a lot of lawsuits other than just utility lawsuits, adding that his recommendation is that the General Fund, over a two year period, pay $1 million toward this settle- ment. He stated that the rate payer should not bear the total cost of ~oO( ';193 H'.\ 371 Page 6 ----,.-= &03K ()!J~Pl~~:J~~ April 22, 1986 purchasing this system plus settling all unrelated laws~its that goes along with the settlement. He stated that he feels that $4 million is a fair price for the utilities and for the rate customer to bear. He stated that within the next couple of months, the County would have had to expand Foxfire which was going to cost around $200,000 and there is no reason to expand Foxfire if the East Naples Utility System is purchased. He stated that this will also give the County time to obtain Federal and State grants for the Regional Sewer Plant. He stated that if the County could end up receiving a million or two million dollar grant to build the Regional Sewer Plant because the time fell right, then all of a sudden this agreement becomes more cost effective for the County. He stated with regards to the water plant, this will give the County the ability to get through the next year until the County's ~xpansion is completed, adding that in the long rur. it may be one of the best things that the County can do for the utility system. Utilities Administrator Crandall stated that by acquirilg the East Naples Water Sewer System, the County will receive a sewer treatment plant with a DER permitted capacity of 1.5 mgd, a water treatment plant with a DER permitted capacity of 1.25 mgd and a two acre site on which the water plant sits. He stated that the County will receive all related wells, effluent disposal systems, collection and distribu- tion piping as listed on Pages 5, 6, and 7 of the agreement, adding that a detailed inventory list has been provided by East Naples Water Page 7 April 22, 1986 Systems, Inc. and a review of all items has been made by the Utilities Operation Staff. He noted that a physical inventory will take place prior to the c:osing date to reaffirm all the items that have been listed. lie noted that the underground piping network consists of approximately 6-1/2 miles of water distribution system and 12-1/2 miles of sewer system and additionally, an effluent transmission line exists to the Davis Blvd. percolation pond system consisting of approximately 4 miles of force mains. He noted that the agreement allows for $5.2 millions to be paid to East Naples Water Systems, Inc. and the initial payment of 52.6 million to be made upon closing and the second cash installment of $2.6 million to be paid approximately one year from the signing of this agreement. He indicated that the initial payment to be made at closing will be funded from a bond anti- cipation note which will allow the Utilities Division to formulate a complete list of needs for a one time revenue bond that will OCCur prior to the second installment date. He noted that under the terms of this agreement the County is obligated to pay an annual lease for the sewer treatment plant site of $15,000 and the effluent percolation pond site will be $28,000 per year, adding that this rate shall remain in effect for a period of 7 years at which time the rate will double if the County chooses to extend the lease to provide for an additional three years. He noted that these terms give an incentive for the County to provide a permanent regional sewer treatment plant as soon as possible and all lease payments will be made from the General ~OO( 093'Pf,<,13'73 Page 8 -_._""".;~"-""""-.--,,,,,,,,"--"_.-"'"'."""'-. aoo( 093'=,:,.; 374 April 22, 1986 Operating Fund. He reiterated that also listed in the agreement is the system development charge credits in the amount of 3,600 sewer and 4,043 watcr credits which equate to the on-use capacity of their existing water and sewer treatment plant. He stated that the majority of these credits are anticipated to be utilized within areas that would have been served by East Naples Water Systems and, therefore, would be system development ch3rges that the County would not. have received. He stated that it is important that the cash value of these credits be realized. He indicated that each water credit equals $700 and each sewer credit equals $850 which totals $2,830,100 in water credits and $3,060,000 in sewer credits for a total credit paCkage of $5,890,100. He noted that the agreement says that in the event cre- dits are determined to be improperly charged or illegal, the County will pay East Naples Water Systems, Inc. for the credits Over a three year period plus 7% interest. He stated that also included in the agreement is a provision for the Hubschman's to construct a temporary water and/or sewer treatment facility if a moratorium is placed on connections to County facilities, adding that the agreement states that the facilities will be constructed by the Hubschman'Ð at no cost to the County, then sold to the County for $1 and for the County to operate said plant or plants until County facilities are available at which time the Hubschman's agree to buy back the temporary plant or plants for $1, dismantle and remove them from the site. He stated that the County also agrees to provide a sewer collection system to Page 9 - - - .. - .. April 22, 1986 the northwest corner of the existing East Naples water aystem property located on Lakewood Blvd. with:n two years, which is in accordance with the Master Plan. lie stated that if the lIubschman's require the facilities prior to that time, a similar agreement will be allowed to the one previous, which will allow the Hubschman's t~ build an interim sewer treatment plant at no cost to the County, sell the plant to the County for $1, the County will operate said plant until a County collection system is made available at which time the plant will be sold back to the Hubschman's for dismantling and removal from the site. He noted that the County has agreed to assume the respon- sibility of existing East Naples agreements, adding that among the agreements is a provision of a sewer force main to the Naples Production Park and the Agreem~nt provides for the Hubschman's to construct a 12" force main to the Naples Production Park at a cost anticipated to be $325,000. He stated that the County agrep.s to reim- burse the Hubschman's the verifiable cost of said construçtion plus 7% interest one year after completion of construction, adding;hat it is anticipated that the County will collect certain fees in the form of contributions in aid of construction, connection fees, and system development charges that will be forwarded to the Hubschman's toward this $325,000. He stated that the remaining unpaid balance will become due at the end of the one year. He indicated that the County agrees to hire the existing 7 employees of the East Naples Water System and they will be hired in a classification equal to their ........,~ .~ ;00( £:93 tN 3'75 Page 10 -., lOOK 093 PÅc,t 376 April 22, 1986 existing duties at a rate of pay not to exceed that of County employees with one exception being Gil Souders who is presently Utilities Manager, adding that it has been agreed that he will be hired as an Assistant Operations Director at a rate not to exceed the present Operation Director's pay. He stated that these employees will be hired in a permanent status waiving the normal 6 month probationary period. He reiterated that existing County water and sewer rates will allow for additional bond money to be realized without raising the rates, but a review of the bond covenants is being performed by Dave Fischer presently and a recomm~ndation has been made by the bond con- sultants to do a rate study. He stated that proposals have been requested from two firms to perform this rate study and it is antici- pated that a rate study will be anticipated in time for a rate adjust- ment prior to the new fiscal year, but meanwhile, it is recommended that the existing rates charged East Naples Water Systems cu£tomers continue to be charged minus the 2-1/2\ regulatory fee paid to the PSC. He stated that this will have to be done by ordinance after a public hearing. He indicated that the rate study will take into account all customers of the County including, but not limited to the East Naples customers. He noted that at the completion of the rate study, a recommendation will be made based on all the County custo- mers, adding that it is anticipated that the overall system will pro- bably require a rate increase, but it is not anticipated that the rate increase will equal the higher rate that East Naples customers are Page 11 -.--;-- April 22, 1906 prese:1tly paying, which means that East Naples customers r~tes are subject to be lowered. He stated that if the $5.2 million had to be borrowed this date and the County'S Utilities System borrowing powcr had reached its maximum, it is estimated a 3-1/2% increase to existing County customers would be requircd in order to borrow tne $5.2 million. Commissioner Pis tor stated that there is an item that states that the Utility is in compliance with all required regulations and to the best of its knowledge is in compliance with all other Federal, State and County laws, which does not seem like appropriate language. He stated that he also questions why it is crossed out in the agreement that all claims are dismissed? Assistant County Attorney Anderson stated that the dismissal of claims is covered in the language at the end of the document under Warranties and Representations made by the Utility in this agreement, adding that the language covers the fact that the real property that is being acquired is unencumbered, has no liens on it, and they have an obligation under other provisions of the contract to satisfy all indebtedness prior to closing. Tape t2 Commissioner Hasse questioned what the overall cost of chis system is going to be, to which County Manager Lusk replied $5.2 million which is cash. He stated that as far as the leases are concerned, the County can control that by building a regional sewer plant. He noted . &OOK 003' mE 377 Page 12 ~ooK 093 P~~t 378 April 22, 1986 that as far as the impact fees as it presently stands, this County cannot collect 2,000 of those impact fees so they are worth nothing to this County, but they are worth something to the Hubschman's because they would have to pay them if the County owned the sewer plant, but they cannot really be considered when the County could not collect most of them. Commissioner Hasse stated that he thinks that this is the first step of a good step, but questioned who made the estimate of what this facility is worth, to which County Manager Lusk stated that PRC did some of the estimating, adding that the problem of determining what a sewer plant or a water plant is worth is that there are different ways to do it. Mr. Lusk stated that one way to determine it is by finding out what the customer base will generate as far as bonds, which in the case of this plant, was 51.2 million. He stated that another way is depreciated value, in other words, what it cost to build and depre- ciated down which was roughly $3 million, and another way was to determine what it would cost to actually build it, which was approxi- mately $8.2 million. He stated that if a condemnation is done, the Jury will hearthe high price and the low price and make a decision. He noted that the $8.2 million figure was done by an outside engi- neering company, not the County's engineering company. Commissioner Voss stated that he followed these negotiations in detail for the many weeks of labor that has been put into it, adding that he feels that it is an excellent agreement and it should be approved. Page 13 .. .. .. - - - April 22, 1986 Commissioner Holland questioned how hoany septic tanks will be eli- minated by purchasing this system, to which Utilities Administrator Crandall stated that it depends on the capital construction that is able to be done over the next few years, adding that by purchasing this system it has the ability to eliminate about 30 small package plants in the area that consist of 20,000 gallons per day. Mr. Crandall stated that DER has a great concern over the operation of several of these smaller package plants and the discharge to surrounding waters. He stated that within the area of Radio Road, there are several package plants that need to be serviced by the County, adding that the Foxfire facility is at capacity and if the East Naples System is purchased, the Kings Lake flow will be diverted to East Naples and capacity could be freed up at Foxfire to pick up some of the package plants that are close to Foxfire. Commissioner Holland stated that in reality, a small package plant is no more than an oversized se~tic system and Mr. Crandall stated that there are restrictions by ~ER regarding how the sewage is treated, but unless they are monitored very closely, they become sim:lar to an oversized septic system. Assistant Co~nty Attorney Anderson stated that under Section 125.3401 of the Florida Statutes, it requires that the County take certain considerations into account when a water or sewer utility is acquired, adding that the County staff has done that and the factors and considerations have been listed in the resolution which authorizes Page 14 &OOK OD3' F~r,l 379 '--"~""""~'""_. ""·,_""·,_.·""',,,,,,,,,·............,·___-..u,_....=.," &OoK 093 PV-l 380 Apr il 22, 1986 the Chairman to sign the agreement and approves the agreement. He stated that this particular statute has been complied with, adding that they have also reviewed the utility's books and made a physical inspection of the utility's facilities, which have all been taken into account in the negotiations and the terms. He reported that the DER in Ft. Myers has some uncertainty as to whether the East Naples Water Sewer Plant had a permanent operating permit for 1.5 mgd of sewage treatment, adding that he inserted a paragraph to cover that problem that requires East Naples Water Systems to expend all funds necessary for construction in order to receive a DER permit for the full 1.5 mgd sewage treatment capacity. Utilities Administrator Crandall stated that East Naples Water Systems does have what the DER calls a construction permit, which is normal operating procedure for DER the first year of an expanded faci- lity. He stated that they received a construction permit for the 1.5 mgd and they ar~ operating legally under that, but what DER calls a "00" operating permi t allows for five years of operation dnd this is what is being questioned, not the construction permit which allows for one year of operation. Assistant County Attorney Anderson referred to the section in the Agreement related to security provided by the County, on Page 8, which requires that the County, in the event there is breach of contract on the County's part, will have obligations to issue bonds to repay for breach of contract. He stated that hopefully this will never arise, Page 15 - - - .. .. .. April 22, 1986 but in the event that it does, the bond counsel has prepared language that will not endanger the bond covenants and gives the Utility an assurance that it needs that the County will indeed live up to its obligations under the contract. He stated that therp- is also a security clause that binds the Utility to live up to its obligations. In answer to Commissioner Hasse, Mr. Anderson stated that any claims that have been filed up to this date are dismissed and cannot be refiled again. Assistant County Attorney Anderson stated that in Section II of the agreement where the County agrees to assume the existing agreements of the Utility, the County has agreed to assume those agreement3 except for any provisions in those agreements that relate to fees or charges, adding that the County's rates and fees may be more or less than the charges specified by the Utility in those agreements. He stated that under the County's police powers, they have the rights to change those rates, adding that the Coun~y will not be bound by any rates are charges that are specified in those existing contracts. He stated that under the Section called Miscellaneous, the Utility agrees that they will not engage in the provision of water or sewer service anywhere in the boundaries of Collier County for the next 30 years. Col. John Beebe, President of the Lakewood Civic Association, stated that he is representing 980 Lakewood households that urge the Board to approve the agreement to settle the lawsuits and to acquire Page 16 ~OOK Dg.3F~';: 381 &10( 093' P.1R 382 April 22, 1986 the East Naples Water Systems, adding that it is just, -easonable, fair and equitable, and clearly in the public interest. Mr. Crosby Wy~an, Jr., Chairman of the Board and President of the Glades Country Club Apartments Association, stated that his group con- sists of 1150 customers of the East Naples Water System and they fully concur with the remarKS of Col. Beebe. He stated that although East Naples Water System has done a good jOb in the past, the best interest of the County and its citizens will be served by the County acquiring the facilities of the East Naples Water Systems, Inc. Mrs. Charlotte Westmðn, representing the League of Women Voters, stated that the League of Women Voters has long held the position that the County should have in place a County-wide County-owned water sewer system. She stated that the right decision is to approve this agreement and to go forward with the plans of the Utilities Department. Mr. Mike Zewalk stated that he does not believe that this should come out of the General Fund, adding that all the taxpayers should not have to pay for the East Naples Water Systems, Inc. County Manager Lusk stated that presently the General Fund has a civil rights suit on it for $14 million and purchasing this plant settles that and there are a lot of the lawsuits that have nothing to do with Utilities. He stated that it would be unfair for the utility rate payer to carry the burden of the total settlement in these cases when some of them have absolutely nothing to do with utilities. He Page 17 - - - _._,~ - - - April 22, 1986 stated that the general taxp~y~r be~rs some liability in these mat- ters. He stated that he has established what the utility system is worth, which is around $4.2 million and it is going to cost $5.2 milljon and therefore, the $1 mjllion is coming from the General Fund. Mr. Zewalk stated that he does not see the fairness or the lega- lity of it. Commissioner Voss moved, seconded by Commissioner Haas. and carried unanimously, that the public hearing be olos.d. Commissioner Holland stated that there was a large amount of legal fees pertaining to the North Naples Sewer District and questioned if the majority of the legal fees were paid from the General Fund, to which Clerk Reagan stated that the majority of the engineering fees were paid out of the General Fund and not the legal fees. Clerk Reagan stated that there is a Statute that allows engineering and start up fees to come from the General Fund, but he questions the $1 million from the General Fund to the Utility Fund, adding that great strides were taken to try and make those two separate legal entities so that one would not bail out th~ other one. He stated that for the County to reverse themselves several years later and try and do that could create problems. He stated that it could also work the other way, noting that if the General Fund gets sued and loses money, then the County could go after the Water Sewer Fund and pull money to help out. He stated that there could be serious problems with it when it becomes entangled. Tape 13 Page 18 !OII!( D93f')~383' '--..-...."".,,--....- ... --.._.._"""-,'"'......_·"=,.,-"""~..."."",."."._"·,..,"','_"'...,;1""'""~,,;.._...,,.'~a'''.".'~.''_.," HD« 093n~ a84 April 22, 1986 Clerk Reagan stated that it is something that he is going to seriously look at before he signs 8 check from the General Fund to the Utility Fund. County M~nager Lusk stated that if this is the cas~, then he does not 'U1dersta~d why the Utility Fund would be settling a General Fund lawsuit, adding that maybe this should be taken out of the agreement and let the Utility pay their own amount. He stated tl.!lt there is fairness involved and asked whš should the rate payer be settling a planning and zoning lawsuit? Clerk Reagan stated that the fairness is not being questioned, but the legality of it n~eds to be looked at. He stated that the County could close down the Water Sewer Fund and make it all the General Fund end there would not be any problems. Commissioner Pistor stated that Mr. Reagan, the Attorneys, and Mr. Lusk can negotiate that matter and find out if it is legal or not. Commissioner Voss moved, soconded by Commissioner Hasse and carrieð unanimo~sly, that Resolution CW8 86-2 purChasing the water and sewer systems of the East Naplos Water Systems, Inc. be &ðopted and that the agreement to settle the litigation between the East Naples Water Systems, Inc., the Glades, Inc., and Hubschman Associ'tes, and the Board be approved. Commissioner Pis tor stated that during all the litigation, former involved in the litigation and both were advised to get their own Attorneys, adding that Mr. Berzon's attorney has billed him over $860 Page 19 - - - -_....~...~.- -- - I - .. .. April 22, 1986 and Mr. Lusk's attorney has indicated that he does not intend to bill Mr. Lusk. He stated that he thinks the Board should consider paying the attorney's fees for Mr. Lusk and Mr. Berzon in an aMount not to exceed $1,000 each for the cost that they have incurred. County Manager Lusk stated that his attorney does not want to bill him nor would he want the County to pay for it, adding that this was an individual civil rights suit and he had his attorney review it. He stated that there was cost associated with that, but he is not gOing to receive a bill on it. Commissioner Holland moved, seconded by commissione~ Goodnight and carried unanimously, that Mr. Berzon's attorney be paid the amount of the bill of $860. ***** Recess: 10:10 A.M. - Reconvened: 10:20 A.M. ***** Page 20 . !ill« D93'P.1r.: 385 ._---~,._--_.._-_._-.------ ...----..--..--- - - - April 22, 1986 Item '5 ORDIN~NCE 86-17 AMENDING ORDINhNCE 76-6, THE SUBDIVISION REGULATIONS FOR THE CO~BT~L ~RE~ PLANNING DIBTRICT - ~DOPTED WITH CHANGES Legal notice having bee~ published in the Naples Daily News on February ?l, 1986, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider an ordinance amending Ordinance 76-6, The Subdivision Regulations for the Coastal Area Planning District. Planner McKim stated that this is to amend several ~ections of Ordinance 76-6, adding that th:s will clarify the definition of Subdivision to transfer the responsibility of the Subdivision Ordinance from the Community Developmer.t Division to the Public Works Division and to raise the fee for Subdivision Master Plan approval from $50.00 to $250.00, adding that the definition of Subdivision that is in the ordinance is going to be removed from this as there have been some questions raised about it. She stated that she would like to strike this portion from thû ordinance and go ahead with the other changes of the ordinance, which basically transfers the responsibility and to raise the fees. She stðted that what she is requesting is that the proposed ordinance be approved with the fOllowing words deleted from the title of the Ordinance: "Amending Article V, Definitions, to clarify the definition of Subdivision;" and that in the Ordinance Section One be deleted. Mr. Jay Bishop, representing the Naples Area Board of Realtors, stated that the changes are fine with them and they agree with the change as outlined by Planner McKim. ~~~. ogd" w< 393 Page 21 aOOK 093 mt 3'94 April 22, 1986 ~ County Attorney Cuyler stated that he is in the process of making sure that the community's concerns can be addressed, adding that in the near future, he will probably come back to the Board with a different subdivision definition. Commissioner Holland move4, ßeconded by Commissioner Hasse and carried unanimously, that the public hearing be close4. Commissioner Holland moved, neconded by Commissioner Hasse and carried unanimously, that the Ordinance as numbered and entitled below be A40pted and entered into Ordinance Book No. 23: ORDINANCE 86-17 AN ORDINANCE AMENDING OHDINANCE 76-6 THE SUBDIVISION REGULATIONS FOH THE COASTAL AREA PLANNING DISTRICT, COLLIER COUNTY, FLORIDA; AMENDING ARTICLE V, DEFINITIONS TO REDEFINE THE DIRECTOH; AMENDING ARTICLE V, DEFINITIONS, TO DESIGNATE THE PERSON RESPONSIBLE FOR THE DEFINITION OF SPECIAL YARD; AMENDHlG ARTICLE VIII, SECTION 1, TO DESIGNATE THE PERSON RESPONSIBLE FOR COORDINATION AND ENFORCEMENT OF THE SUBDIVISION REGULATIONS; AMENDING ARTICLE VIII, SECTION 2, TO REDEFINE THE MEMBERS OF THE SUBDIVISION COMMITTEE; I~NDING ARTICLE IX, SECTION 3.B. (6) TO ADJUST THE FEE FOR SUBDIVISION MASTER PLAN REVIEW: AND TO PROVIDE AN EFFECTIVE DATE. Item f6 RESOLUTION 86-64 RE PETITION AV-86-003, CONSTELLATION INVESTMENTS INTERNATIONAL, INC., VACATING THI: SIX POOT SIDE EASEMENTS LOCATED ON LOTS 5 THROUGH 7, BLOCK 158, GOLDEN GATE UNIT 4, PART 1 _ ADOPTED Legal notice having been published in the Naples Daily News on April 6 and April 13, 1986, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition AV-86-Q03, filed by Constellation Investments International, Inc., Page 22 - - - --"'''--.''~>''-''''._''' - .. .. April 22, 1986 requesting vac~tion of the six foot (6') side easements on Lots 5 through 7, Block 158, Golden Gate, Unit 4 Part 1, so petitioner may build across and up to interior side lot lines. Public Works Administrator Kuck stated that "Letters of No Objection" have been received from the appropriate utility companies and that the Water Management Advisory Board and Community Development have reviewed the petition and have no objection. He noted that he is requesting that the vacation be approved and execution of the resolu- tion. Commissioner Voss moved, seconded by Commissioner Holland and carried unanimously, that the public hearing be clos.4. Commissioner Voss moved, seconded by Commissioner Goodnight and carried unanimously, that Resolution 86-64 re Petition AV-86"033, Constellation Investments International, Inc. vacating the six foot side easements located on Lots 5 through 7, Block 158, Go14en Gate, Unit 4, Part 1, be adopted. A .. -. Page 23 aOOK 093' PA'·t 3'95 1 i:; - .. .. . / AprÍl 22, 1986 Item '7 BID 86-913 FOR 4 LANING AIRPORT-PULLING ROAD FROM PINE RIDGE ROAD TO IKHOKALEE ROAD - AWARDED TO APAC-FLORIDA, INC. IN THE AMOUNT OF $2,379,961.55 Legal notice having been published in the Naples Daily News on February 2 and February 14, 1986, as evidenced by Affidavit of Publication filed with the Clerk, bids were received for Bid #86-913 for the 4-laning of Airport-Pulling Road from Pine Ridge Road to Immokalee Road until 2:30 P.M., March 27, 1986. Public Works Administrator Kuck stated that this is a recommen- dation to award the construction contract to APAC-Florida, Inc. for the four-laning of Airport Road between pine Ridge Road and Immokalee Road. He stated that he received four bids for the project ranging from $2,379,961.55 to $3,349,448.42, adding that the funding for this project has been previously appropriated under the 5th and 6th cent gas tax revenue, Fund Number 313, and will be supplemented with reve- nues derived under the Collier County Road Impact Fee Ordinance. He stated that it is his recommendation that this contract be awarded to APAC-Flori~a, Inc. in the amount of $2,379,961.55 contingent upon the County getting the DER permit for same, which is anticipated to be received around June I, 1986. In answer to Commissioner Hasse, Mr. Kuck stated that the construction period is one year and there is a penalty if the contrac- tor exceeds the one year timetable. Commissioner Holland stated that he spoke with a couple of other bidders and they reccmmended this company and said the County was lucky to get this company at this cost. am 093 PAG£ 397 Page 24 J ·"'!t·· / ( Mlo( 093 fA~·l 398 Apr.i.l 22, 1986 cOllllllissioner Voss moved, .econded by Commissioner Hasse and carried unanimously, that Bid 86-913 for 4-laning Airport-Pulling Road fro. pine Ridge Road to Immokalee Road be awarded to APAC-Florida, Inc. in the AIIIount of $2,379,961.55. Item # a ROGER TEGANKAMP SELECTED AS THE APpnAISER TO CONDUCT THE MARKET ANALYSIS OF GOLDEN GATE ESTATES IN THE AMOUNT OF $33,000 TO DETERMINE VALUE OF THE 1,100 ACRES OF AVATAR LAND COMMITMENT - APPROVED Pat Carroll, Planning and Contracts Engineer, stated that this item deals with the selection of an appraiser to conduct a market ana- lysis of the Golden Gate Estates area to determine the value of the Avatar land commitment to Collier County, adding that the purpose is to assist Collier County in cash settlement negotiations with Avatar Properties, Inc. She stated that in response to Board action on February II, 1986, Staff mailed requests for proposals to all MAI appraisers in South Florida, which totaled 71 appraisers and appraiaal firms. She stated that she received 13 responses and of those 13, 9 had acceptable proposals. She indicated that Staff reviewed the pro- posals and is recommending that the Board select Roger Tegankamp as the appraiser to conduct this market analysis, adding that his propo- sal consists of a fee of $33,000 and an estimated time to complete this report of 77 to 119 days. She stated that she has had lengthy discussions with Mr. Tegankamp and she is convinced that he understands the scope of the work and will do an excellent job for Collier County. "'- .., , , . Page 25 .t - - - I . .. - _J / Apr 11 22, 1986 ·Commissioner Hasse questioned if there was e'¡er any appraisal done on these properties, to which Ms. Carroll stated that there was never an appraisal done. Ms. Carroll stated that the County is still working with Avatar on Phases I, II, and are getting ready to work with them on Phases IV and V. She stated that there are no commitments for anything on Phases III, IV, and V, adding that there is a potential commitment in Phase II. She stated that the lands that will be vglued under this market analysis may be totally different from the lands that were originally discussed when an analysis was done using the Tax Appraiser's assessment. She stated that this marke~ analysis will be a "with market value" which may be different than the assessed value. Commissioner Holland questioned if there is an agreement on Phase I and II as to which properties the County will receive, to which Ms. Carroll stated that there is an agreement on Phase I which will be presented to the Board for acceptance and recording. Commissioner Holland stated that he has been lead to believe that somebody has had the Warranty Deed on Phase I for about 18 months and they were never brought to the Board for acceptance for recordation, and Ms. Sarroll indicated that this is correct. Commissioner Holland questioned who is responsible for the tax on that property? County Attorney Cuyler stated that up until this year, Avatar has been paying taxes on that property. He stated that regarding Phase II, the County is probably within 20 acres of final negotiations. He &011( 093 P~~! 39.9 Page 26 .:# . " am 093' p)'-l 400 April 22, 1986 statcJ that Staff felt that there was better acreage than the original 20 acres that was decided upon. He stated that regarding Phase I, there is no room for negotiations and that will be brovJht before the Board. Tape f4 He stated that with regard to the appraisal aspect, the County is still looking at it as two separate things. Commissioner Hasse questioned what happens if some of these pro- perties are totally worthless, to which Ms. Carroll stated that nego- tiations are based on that, adding that in Phase II about 23 aC.es of the land that is being given by Avatar is useless and they are in the process of convincing Avatar to replace that with usable lands. COI~missioner Voss stated that the real purpose of this appraisal is to arrive at some figure where a cash settlement can be made ~nd the County does not have to be in the real estate businesr. Ms. Carroll stated that the cash settlement will relieve the County of the responsibility of marketing the land. Mr. Richard Braun stated that on September 4, 1984, iin the Board meeting, Attorney Jim Tangiers of the Federal Trade Commission, ordered Avatar to replace 429 acres south of Alligator Alley with other usable land and questioned if this has been done, to which County Attorney Cuyler stated that he has been proceeding on the basis of the agreement and the supporting documents. He stated that he would have to look at the minutes of the meeting as he does not Page 27 <, . t,. ~~ I' '. r - - - April 22, 1986 believe that Mr. Tangiers could alter that agreement at a Board meeting. He stated that the agreement is as it stands, but he would look into the matter. Mr. Braun stated that the recipients of this proper~y are the pro- perty owners of Golden Gate Estates only, adding that there is approximately 30 acres that was given to Golden Gate Blvd. Extension which should not be entered into this agreement with Avatar because it is of no benefit to Golden Gate Estates and the wellfield which the County has its wells on at the present time is not a benefit as no one in Golden Gate Estates receives water from the County.. He stated that these properties should be excluded from the 1,100 acres as the people of Golden Gate Estates are not receiving any monetary value from these properties. Commissioner Pistor stated that with regards to the Golden Gate Blvd. Extension, it is for the benefit of the people in Golden Gate Estates. Mr. Braun stated that the Federal Bankruptcy Order states that none of this property shall be used for roadways, so this is a viola- tion of the Federal Bankruptcy Court decree. He stated that he does not know how the property can ~e appraised if the County does not know what land they have to appraise. Ms. Carroll stated that there is a list of land in Phases I, II, and III and the lands in Phases IV and V are generally known, adding that she is requesting the Appraiser to give her a range of value for &OOK 09a.PAr.~ 401 Page 28 J ./ 100~ 093'1'11".402 April 22, 1986 the units within Golden Gate Estates. She stated that the range of values will be based on the usability of the land, the road access, utilities, and the different factors effecting value in the market. She stated that she will then take those factors and apply value to each of the lands that would be on the list in Phases I, II, and III and then the value of the commitment in Phases IV and V will be esti- mated. County Attorney Cuyler stated that he feels that it would be to the benefit of the people in Golden Gate to proceed with this even if therc is not an exact parcel in Ph~se IV or III in order to get as close as possible so that negotiations can proceed and have either property or cash turned over so that the County can start earning interest on it for the benefit of the people of Golden Gate. Mr. Braun stated that he would like to know if Roger Tegankamp has ever worked for Avatar Utilities or its subsidiaries, or has a contract with them at the pres~nt time. Ms. Carroll stated that he does not have a contract with them at this time, adding that she does not know if he has ever worked for them before. Mr. Braun stated that he would prefer a cash settlement rather than the County being in the real estate business. cOllllllissioner Voss moved, seconded by Commissioner GOodnight and carrieð unanimously, that Roger Tegankamp be selected as the appraiser to conðuct the market analysis of Golden Gate Estates in the amount of Page 29 " t, , ~. I"; ,. - - .. - ..__0·,"'_"'..""_....,._.,~,,"_~._""""";O'"..-_""... ,"_.^'~,..,~".._._.'.'"o,~.....'..,_, ".,"''"..-_~~,_...."......"''..,,"._..~",.."-. - .. .. April 22, 1986 $33,000 to det'¡rmine value of the 1,100 acre Avatar land commitment, and authorize the Chairman to execUte the appraisal agreement. Item f9 BID 86-947 FOR FLOOR COVERING IN COUNTY BUILDINGS FOR ONE YEAR - AWARDED TO NAPLES FLOOR COVERINGS Lcgal notice having becn publishcd in the Naples Daily News on March 10, 1986, as evidenced by Affidavit of Publication filed with the Clerk, bids were received for Bid 86-947 for floor covering in County buildings until 2:30 P.M., March 26, 1986. Facilities Manager Camp stated that this item is an annual bid for carpet tiles for the next 12 ffonths, adding that there is an excellent bid of $20.30 per yard installed for the primary product. He stated that the recommenaation is to award bid 86-947 to Naples Floor Covering for 12 months. Commissioner Holland moved, seconded by commissioner Hasse and carried unanimously, that Bid 86-947 for floor covering in County Buildings for one year be awarded to Naples Floor coverings for $20.30 per yard installed and for $18.80 per yard for the product only. Item 110 SHORT LIST OF FIRMS TO BE INTERVIEWED ON APRIL 29, 1986, AND ONE TO BE SELECTED TO CONDUCT A STUDY ON BEACH NOURISHMENT IN COLLIER COUNTY AND TO APPROVE THE CREATION OF AN ADVISORY COMMITTEE TO ASSIST IN EVALUATING THE STUDY - APPROVED Public Works Administrator Kuck stated that the objective of this item is to rank the short list of consultants for conducting a study on beach nourishment in Collier County, including Marco Island and the &OOK 093p~~~403 Page 30 / / aDaK 093' P1r.¡ 404 April 22, 1986 City of Naples, and to approve the creation of an advisory committee to evaluate thQ Study. He stated that the consultant selection com- mittce reviewed the proposals and professional qualifications sub- mitted by the three responding firms to the request for proposals and on April 4, 1986, conducted interviews with these firms. He stated that each member of the committee gave a ranking from first to third with a tie for the number one ranking between Coastal Engineering Consultants, Inc. and Coastal Planning and Engineering, Inc. with Suboceanic Consultants, Inc. being ranked third. He stated that it i~ being requested that the Board interview the two firms that were tied for the number one ranking on April 29, 1986. He noted that the selection committee feels that it would be advantageous to create an advisory committee to assist in evaluating the study with the suggested membership being representatives from the Collier County Natural Resources Department, the Conservancy, the City of Naples, Marco Island Area, and Vanderbilt Beach Are6, and also the Public Works Division. He stated that specific membership will be requested for approval at ~uch time that the Study is authorized. commissioner Voss moved, seconded by Commissioner Hasse and carried unanimously, that the short list of tirms be interviewed on April 29, 1986, and one firm selected to conduct a study on beach nourishment in Collier County and that the creation ot an advisory committee to assist in evaluating the study be approved. Item III CHAIRMAN AUTHORIZED TO SIGN GRANT APPLICATION FOR THE FLORIDA COMMUNITY CARE FOR THE ELDERLY ACT, THE COMMITMENT OF CASH MATCH, OTHER COMMITMENT fORMS AND· -'1\SSURANGE-.FæJ.fS Page 31 - - -- . t. ..../. " - - - April 22, 1986 Deputy Assistant County Manager Brangaccio stated that this is asking for Board approval to authorize the application for a con- tinuation of the grants from the Arca Aging to continue the Community Care for the Elderly program and to authorize the matching funds and to authorize the Chairman to sign the contract with the Area Agency on Aging agreeing upon the uses and disbursements of these funds. She noted that with regards to the funding for this program, the State funding has only increased by 1\, adding that this is the first of applications that will be coming in for the State programs. She stated that it is recommended that the County hold the line on the County match at this time so the local match will only increase by $300 which means that there will be 13 people that services will not be continued for, adding that during the Board's budget process a request for an additional $28,000 will be considered to increase the local match up to 20\ to be able to prioritize that with all the other needs with the County. Sh~ stated that the County Manager's office at this time felt that it was very important to begin taking a hard line on the State and Federal programs because the State and Federal program dollars are not going up and that requires substantial increases in County funds. She stated that she wanted the Board to be aware of this. She stated that the State amount will not change, adding that the County would have to maintain the program at the current level. She stated that the cost of the program is going up, but the State contribution is not. &ODK 093~~405 Page 32 ; /' , &OOK 093-t~r¿/1OO .~pril 22, 1986 eommissionQr VOS8 moved, seconded by Commi8sioner Holland and carried unanimously, that the Chairman be authorized to sign the grant application for the Florida community Care for the Elderly Act, the Coaaitment of Cash Match, and other commitment forms and assurance forma. Page 33 " .r. ., . . ... - - .:./..'. .. .. .. I. April 22, 1986 Item 112 BID FOR THE PALM SPRINGS SUBDIVISION W~TE^ DISTRIBUTION MAINB - AWARDED TO ARROW UTILITY SYBTEHB, INC. IN THE AMOUNT OF $91,394.90 Legal notice having been published in the Naples Daily News on March 16, 1986, as evidenced by Affidavit of Publication filed with the Clerk, bids were received for the construction of Palm Springs Potable Water Distribution System until 2:30 P.M., April 9, 1986. Utilities Administrator Crandall stated that invitations to bid were sent out to 16 different firms for the Palm Springs Subdivision Water Distribution Mains and 9 were received back. He stated that the low bid was Arrow Utility Systems, Inc. which came in under esti- mate and he is recommending that they be awarded the bid. Commissioner Voss moved, seconded by Commissioner Hasse and carried unanimously, that the bid for the Palm Springs Subdivision Water Distribution Kains be awarded to Arrow Utility Systems, Inc. in the amount of $91,394.90. Item 113 BID 86-956 FOR THE CONSTRUCTION OJ' A WING TO BUILDING "C" AND A WAREHOUSE, AND REKODELING OF BUILDING "c" AND liD" - AWARDED TO KRAFT CONSTRUCTION IN THE AMOUNT OF $1,801,910 Legal notice having been published in the Naples Daily News on March 21, 1986, as evidenced by Affidavit of Publication filed with the Clerk, bids were received for Bi~ #86-956 for the construction of a wing to Building "C" and a warehouse and remodeling of Buildings "C" and no" until 2:00 P.M., April 17, 1986. Page 34 600K U9J:PJr.!/U1 "œ 093 w·! 414. April 22, 1986 County Manager tusk stated that this is a recommendation to award Bid ~86-956 to Kraft Construction Co. He stated that this total pro- ject is going to cost about 5800,000 above what was estimated a year ago. He stated that Building "C" was originally to be an 8,000 square foot addition and it is now a 10,000 square foot addition: the ware- house went from 9,000 square feet to 15,000 square feet, which is almost a 60% increase. He stated that there have been savings on other projects, noting that in Building "G", $113,000 is being saved; Building "B" project has a savings of $200,000; Building "F" project has a savings of $200,000, and there is $338,000 in Reserves which will make up the $851,000 that is needed. He stated that it is his recommendation that the Commission award the bid in order to get started on the construction. commissioner Hollanð moved, seconded by Commissioner Vo~s and carried unanumously, that Bid 86-956 for the construction of a wing to Builðing "C" and a warehouse and remodeling of Building "C" and "D" be awarded to Kraft Construction in the amount of $1,801,910. Item 114 LEASE REGARDING THE USE OP 15 ACRES 07 LAND IN PELICAN BAY TO BE BROUGHT BACK IN TWO WEEKS WITH PURTHER INFORMATION SUPPLIED BY THE COUNTY ATTORNEY County Attorney Cuyler stated that the 15 acres of land in Pelican Bay that is to be proposed to be used for the cultural center will be of a benefit to the public. He stated that he is currently discussing with the cultural center representative certain factors regarding the deve- Page 35 ., : - - - .. ..,1 April 22, 1986 lopment of' the ~ajority, if not all of the 15 acre parcel of property and there would then be a long-term ground lease for approximately 6 acr~s and the remainder of the property would be accessible to the general public, as well as a museum that would be open to the general public. He stated that the rest of the land is envisioned to be a passive park that would be maintained by the County after it is deve- loped, but the cultural center has been discussing the the fact that it would be the initial development of that park as well. He stated that there will be parking for the park use and the cultural center use and also provide additional parking for the beach area. He stated that he hopes to return to the Board in a short time with a document that the Board will be able to look at. The following people spoke against using the 15 acres of land as a cultural center as it is not for the benefit of the majority of the people, the lack of knowledge that was given to the public regarding this matter, leasing the land to a certain interest group, the loca- tion not being centrally located for the general public, and spoke in favor of using the land as a parking lot for access to the beach for the general public, maintaining a precious resource, and the fact that the PUD indicates that this property is to be used for governmental purposes. Tape IS 1. E. Evans William Snelling David Bennett George Keller Henry Maxant Dorothy J. Johnson Tape '6 Page 36 MO( 09.1rAC~ 415 . &OO( 093J'1~: 416 April 22, 1986 Mr. William Hutchinson, President of the Naples Cultural Foundation, stated that the Naples Cultural Foundation is a not for profit organizðtion, adding that they are chartered to build a cultural center in the Naples area, adding that the project will cost about $20 million and is for the public benefit. He indicated that the proposal that is being worked on is that the Cultural Foundation would develop the site, including approximately 7 acres of parKing and access roadways, and then an arp.a not to exceed 6 acres will be turned back to the County. He stated that he believes that Mr. Cuyler is well equipped to protect the County's and the public's interest. He noted that the only thing that needs to be decided is the precise location of the cultural center. He stated that he is estimating that 6 acres will be needed, adding that he does not want anymor~ than they need. He stated that he has proposed language that will read "not to exceed 6 acres will comprise the cultural site". He stated that the buildings will consist of two acres without planning for space in- between or entryways Or growth for the museum. He stated that the museum will be 25,000 square feet. He noted that after everything is complete, the balance of the actual requirements will revert to the County, noting that over $20 million will have to be raised. Commissioner Hasse questioned why the two cultural groups could not get together and build a facility around the Fleischman area, to which Mr. Hutchinson stated that he agrees that there is not a need for two cultural centers and the groups should be working together, Page 37 .. - .. ·_....1.. - - - '. ,/:~ 'j April 22, 1986 but there does not seem to be cooperation and, with regards to the Fleischman property, it is not available at this time. Commissioner Hasse stated that he has received a lot of complaints from the people of Collier County that land is being given away. He stated that he has a lot of unanswered questions that need to be resolved before he can vote for this matter. Commissioner Voss stated that over a year ago, he asked several people to talk about a cultural center because he felt it was needed, adding that the group was primarily people from the City. He stated that they looked at three sites and that group decided that out of the three sites, the best site was the one at Pelican Bay. He stated that this cultural center is for the people and if these cultural amenities are not brought into the area, people are not going to move to this area for work or to live. Commissioner Hasse stated that morc information needs to be obtained before a decision is made on this. Mr. Hutchinson stated that the issue of the lease was to be put on the agenda for next week and he would not like it delayed any longer, adding that during the summer there are not enough people to help with contributions, which will mean postponing the whole matter until next fall. County Attorney Cuyler stated that he will supply the necessary information in two weeks at the regular meeting, along with the lease. Mr. John Cashell stated that certain groups should not be given the rights to take a certain piece of County land for a certain pur- pose. He stated that this land is for the public year-round. ~DDK 093' p,Ir.! 417 Page 38 J '" _...._; IWMI._..,..... ..-..._._."" : , ....1 .. .. - - ~ ·,;'"_..".",·",....~;"...._,·""""<·_~_~_.._,,_....._'''..~''.M.,.''''.~,·.,<-'_ / &OOK 09a P1f.: 418 April 22, 1986 Commissioner Hasse stated that before he votes he wants to know what is happening with the Fleischman property and what is happening with the Marco Island cultural group. Tape '7 Commissioner Holland stated that he would like more information regarding the Fleischman property because he believes that half of it is in the County and part of it has a lot of mangroves on it. COllllllissioner Holl~nd moved, secon~~d by Commissioner Goodnight and carried unanimously, that the County Attorney obtain more information on the cultural groups and the Pleischman property and return to the Board with the lease on Hay 6, 1986. Item US RESOLUTION 86-65 APPROVING SETTLEMENT OP B , I CONTRACTORS, INC. VB. BCC - ADOPTED County Attorney Cuyler stated that this is a resolution approving settlement of B & I Contractors, Inc. lawsuit, adding that B & I Contractors, Inc. is one of the two plaintiffs that filed litigation against the COUQty and the Board has recently looked at a resolution very similar to this for the Baran, Craig & Schre~k case. He stated that Mr. Saunders had indicated to the plaintiffs that he felt the appropriate figure was $187,000 and if B & I Contractors, Inc. wanted to accept this offer, they could do so now or they would have to start 'negotiating with him which would mean a time lag. He indicated that B & I Contractors, Inc. decided that they would settle for $187,000. Page 39 . . - - - .. I - - - . ". / April 22, 1986 He noted that Exhibit "A" will be a part of the resolution which is a Settlement Agreement, Release ðnd Assignment, adding that this will terminate the litigation. Commissioner Goodnight moved, seconded by Commissioner Voss and carried unanimously, that Resolution 86-65 approving settlement of B , I Contractors, Inc. vs. Board of County commissioners be adopted. &OOK 093'f>j·,.419 Page 40 I / If _,"'......__..--... .. .. ...--.._-,--".......";''',;,.~,>'',,...,~,~'',..; -.-.,,,'. ._,-_.......~..._--~-,- ,. &OD« {J9ar~r,! t26 Apr il 22, 1986 Item '16 ROUTINE BILLS - APPROVED FOR PAYMENT Pursuant to Resolution 81-150, the following checks were issued through Friday, April 18, 1986, in payment of routine bills: CHECK DESCRIPTION CHECK NOS. 141901 - 142229 0280~2 - 028649 AMOUNT Vendors BCC Payroll Item '17 $981,537.07 $264,606.25 BUDGET AMENDMENTB 86-239 - APPROVED commissioner Goodnight moved, seconded by commissioner Voss and carried uaninmously, that Budget Amendment 86-239 be adopted. Item '18 $7,500 PAYMENT FOR CHEMICAL BANK AS THE TENDER AGENT, PAYING AGENT, AND REGISTRAR FOR THE COLLIER COUNTY SOLID WASTE REVENUE BONDS, SERIES 1985 A , B - APPROVED. Clerk Reagan stated that there is a special bill for the tender for the Rcsource Recovery issue for $7,500 which was let out to bid by Mr. Fischer. He statei that it is acceptable. cOII'Jllissj 'jner V.:-". moved, seconded by Commissioner Goodnight and carZ:.{ed ur,animoulJly, that the $7,500 payment for Chemical Bank as the Tender Agent, Paying Agent and Registrar for the Collier County Solid Waste Revenue Bonds, Series 1985 A , B be approved. Itelll '19 ADDITIONAL FUNDB OF $16,508 FROM THE GENERAL FUND RESERVES FOR THE REMAINDER OF THE YEAR FOR THE CLERK OF BOARD MINUTES AND RECORDS WORD PROCESSING - APPROVED Clerk Reagan stated that this item is for additional funding for a wording processing system for Board Minutes and Records, adding that Page 41 . . - ... - ...",..".'"-,_.""-".,,.. ""',-''''''---'-'''', ~*'."'''''''''- - - .. April 22, 1986 the original budget calculated a cost at $25,000. He stated that it was let out for bid with five different vendors and the low bid came in at $34,240. He stated that there is also a maintenance contract and he is asking for $16,508 to cover for the remainder of the year. commissioner Voss moved, seconded by commissioner Holland and carried unanimously, that the additional funds of $16,508 from the General Fund Reserves tor the remainder of the year for the Clerk of Board Minutes and Records word processing be approved. Item '20 RESOLUTION 86-68 APPROVING $590,000 LONG-TERM LOAN FOR CLAM PASS PARK AT 5.6% VARIABLE RATE WITH BUN BANK - ADOPTED Clerk Reagan sthted that this is the long-term loan for Clam Pass Park, ar;.iing '_oat it: Has let out for bid and one bid came back which W.ð;3 5\.1.: n"'~k. He stat_~d that the interest rate of 5.6% is ð variable Which 1s aL:::-..it 63"1. of the 'f'I. priIre. He said his office reviBYed it with the finan- cial advisor; Mr. Fischer,and it is recommended that the 5.6% variable be approved. Commissioner Voss moved, .econded by Commissioner Holland and carried unanimously, Resolution 86-68 approving the $590,000 long-term loan for Clam Pass Park at 5.6% variable rate with Bun Bank be adopted. Nate: Resolution not received. See minutes of 5/13/06. . &DOK 093w-! 4.27 Page 42 ,/ ."';... "",__...=__",__""...,..""-.,...,, .., ·""'_....,.,,"'-"'"'~"'"""·.._,.........___N_.._ &OOK 093 r:,r.! m þ.pril 22, 1986 Item '21 RESOI,UTION 86-66 SUPPORTING THB ADDITION OF THE BIRD ROOXERY SWÞ.MP PROJECT TO SÞ.VE OUR RIVERS Þ.CQUISITION LIST - ADOPTED Commissioner Voss stated that this area is over the Coral Reef Aquifer and the long-term water needs for this County is dependent on getting water from that area, adding that if the County can get the State to buy some of that land it will help on maintaining an adequate supply of water. He stated that there is a resolution that he is requesting be approved in which the County supports the acquisition of that property by the State. commissioner Voss moved, seconded by Commissioner Hasse and carried unanimously, that Resolution 86-66 supporting the ~ddition of the Bird Rookery Swamp project to the Save Our Rivers Acquisition List be adopted. Page 43 - - .. ""'''~''~'~<,"<_..,,-_. ,.,_...~-~...,.-_..,,,.,,~~_._---_-... -,-...-- ·t--..f !OOK 093'~'.\r;!4æ April 22, 1986 Item U2 EXTRA GAIN TIME FOR INMATE NO. 24946, AFTER-THE-FACT - APPROVED Commissioner Voss moved, seconded by Commissioner Goodnight and carried unanimously, that Extra Gain Time for Inmate No. 24946, be approved, after-the-fact. ***Commi.sioner Voss moved, seconded by Commissioner Goodnight and carried unanimously, that the tOllowinq items be adopted and/or approved under the Consent Aqenda, with the exception of Item 14B4 which was withdrawn*** It6m 123 SCOPE OF SERVICES FOR LOCAL GOVERNMENT COMPREHENSIVE PLANNING ASSISTANCE PROGRAM Item '24 BID \'86-'H1', - AWARDED TO GALLMAN GMC 70R THE PURCHASE OF ONE FLATBE~ ~~~WCAB DUMP TRUCK AND ONE FLATBED DUMP TRUCK IN THE AHOUNTB OF $19,478 AND $16,572; ON TRACTOR IN THE AMOUNT OF $12,723 TO CREEL FORD FOR THE ROAD AND BRIDGE SECTION Legal notice having been published in the Naples Daily News on March 20, 1986, as evidenced by Affidavit of Publication filed with the Clerk, bids were received for one replacement flatbed crewcab dump truck, one replacement flatbed dump truck and one replacement tractor until 1:30 P.M., March 27, t986. Item '25 BID '86-943 FOR STREET SWEEPING CONTRACT FOR SELECTED ARTERIAL ROADWAYB - AWARDED TO BTRIPE-RATE AT THE UNIT COST OF $8.90 PER MILE Legal notice having been published in the Naples Daily News on February 28, 1986, as evidenced by Affidavit of Publication filed with the Clerk, bids were received for a street sweeping contract until 2:30 P.M., March 13, 1986. Page 44 - -- ..... - I Item 126 - .. BID FOR ROÄDWÄY CENTERLINE EDGELINE STRIPING ON VÄRIOUS COUNTY ROADB _ ÄWÄRDED TO FLORIDA STRIPING, INC. IN ACCORDANCE WITH BID PROPOBAL PER BID '765 IN THE FISCAL YEAR 84-85 Item '27 April 22, 1986 HIGHWAY CONSTRUCTION AGREEMENT BETWEE~ COLLIER COUNTY AND SWAMP BUGGY DAYS, INC. FOR THE CONBTRUCTION 0., A NORTHBOUND LEFT-TURN T~ AND A SOUTHBOUND RIGHT-TURN LAND ON C.R. 951 AT ITB INTERSECTION WITH RATTLESNAKE HAMMOCK ROAD See Pages p7 - 4-ft? Item 128 PURCHASE OF 3 COMPUTERS FOR THE SECONDARY ROÄD SECTION ÔF TdE TRÞ.NSPORTATION DEP1·,tTMENT Item '29 RENTA:, C'F ~. JOHN DEERE 570 MOTOR GRADER FROM HERTZ EQUIPMENT RENTAL FOR THE ~!NAL GRADING OF THE NÄPLES LANDFILL CELL Item '30 CONTRACT WITH ALLEN'S HAKKOCK NURSERY, INC. IN THE AMOUNT OF $2,812.50 TO GROW LANDSCAPING MATERIAL FOR FUTURE MEDIAN LANDSCAPING IMPROVEMENTS ON SOUTH BARFIELD DRIVE, MARCO ISLAND Item '31 CONTRACT WITH O'DONNELL LANDBCAPING TO GROW LANDSCAPING MATERIAL IN THE AMOUNT OF $3,000 FOR FUTURE MEDIAN LANDSCAPING IMPROVEMENTS ON SOUTH BÄRFIELD DRIVE, MARCO ISLAND Item '32 FINÄL PLAT OF RIVER REACH TO BE RECORDED, SECURITY FOR SUBDIVISION IMPROVEMENTS TO BE ACCEPTED AND CONSTRUCTION AND MAINTENANCE AGREEMENT OF SUDDIVISION IMPROVEMENTS TO BE EXECUTED See Pages Lltjl-4tff &00( 093fA<.: 431 Page 45 ...:.... ,/ / 093' p.\'.: !32 April 22, 1986 Item '33 RESOLUTION 86-67 AUTHORIZING THE ACQUIBITION, BY GIFT, PURCHASE OR CONDFKNATION, OF LANDS NECESSARY FOR THE CONSTRUCTION OF GOLDEN GATE BOULEVARD FROM INTERSTATE 75 EAST TO CR 951 See Page' ¡J¥ Item . 34 CONSULTING LANDSCAPE ARCHITECT AGREEMENT WITH A. GAIL BOORMAN , ASSOCIATES TO FURNISH A MASTER LANDSCAPING PLAN FOR THE SOUTH COLLIER BLVD. AREA WITHIN THE MARCO ISLAND BEAUTIFICATION MUNICIPAL SERVICE TAXING UNIT Bee Pages 4 ~ c - L/S7 Item '35 EASEKENT-1\CQUISITIO:.' PROJECT FOR PINE RIDCE ROAD EXTENSION 8e.. page'-%k.::.;£ 7f Item .:6 MEMBERBHIP LIST AND COMMITTEE GUIDELINES APPROVED FOR THE PUBLIC VEHICLE ADVISORY COMMITTEE IN ACCORDANCE WITH ORDINANCE 86-4 Homer Dixon J. C. Smelko aobert Thurston Robert V. Griffin Gary Mastro Item '37 SUBMITTAL OF LETTER OF INTENT TO BID FOR GRANT FUNDB TO PROVIDE SERVICES UNDER THE OLD AMERICAN'S ACT See Pages Lj-fS: fft Item '38 ADDITIONAL FUNDB IN THE AMOUNT 07 $3,268.25 TO BE PAID TO HOLE, MONTES , ASSOCIATEB, INC. FOR ENGINEERING WORK PERFORMED WITH REGARD TO THE 1985 SERIEB BOND ISSUE Page 46 .. . t. - - .. ---'-'--'--- .. - .. April 22, 1986 Item 139 BID 86-951 FOR THE PUR~SE OF REBIDENTIAL AND COMMERCIAL WATER METERS - AWARDED TO NEPTUNE METER COMPANY AND DAVIS METER , SUPPLY Legal notice having been published in the Naples Daily News on March 5, 1986, as evidenced by Affidavit of Publication filed with the Clerk, bids were received for residential and commercial water meters untj¡ 2:3r. P.M., ~ðrch 19, 1986. Ite~ I~.) WATER AND SEWER FACILITIEB ACCEPTANCE FOR WATER OAKS AT WYN~EMERE _ SUBJECT TO STIPULATIONB I. That all legal documents are found to be legally sufficient by the County Attorney. 2. The final plat for Water Oaks must be accepted by the Board, recorded in the Official Records and a copy submitted to the Utilities Division to permit completion and recordation of the conveyance documents. Item "1 ACCEPTANCE OP QUAIL CREEK UNIT 2 WATER AND SEWER FACILITIES - SUBJECT TO STIPULATIONS I. That all legal documents are found to be legally sufficient by the County Attorney. O. R. Book 1191, Pages 474-493 Item 142 30 YEAR AGREEMENT WITH THE DEPARTMENT OF NATURAL RESOURCES FOR CONSTRUCTION OP THE SUBAQUEOUB EFPLUENT FORCE MAIN FOR THE SEWER AREA "A" SPRAY IRRIGATION PROJECT See Pligu ,/ý7-.s0/ Item 143 CHAIRMAN AUTHORIZED TO SIGN CERTIPICATES OP CORRECTION TO THE TAX ROLL AB PRESENTED BY THE PROPERTY APPRAIBER'S OFFICE ðO~K 09a.pAC.~ 433 Page 47 :)0..""_ / MO~ 093P.1f(.t34 April 22, 1986 1985 TANGIBLE PERSONAL PROPERTY No. 1985-166 No. 1985-168 Dated April 9, 1986 Dated ~pril 15, 1986 Item 'U MIBCELLANEOUB CORRESPONDENCE - FILED A~D/OR REFERRED There being no objection, the Chair directed that the following correspondence b~ filed and/or referred to the various departments as indicated below: L :""etter dated 3/27/?6 from 14m. F. Clark, enclosing copy of the First Period Monitoring Report for Collier County Aging Program - Referred to Pam Brangaccio and filed. 2. Letter dated 4/2/86 from J. Dudley Goodlette, Cummings & Lockwood, regarding Petition SNR-86-IC (Renaming Valewood Drive to Quail Creek Drive), supporting the name change _ Referred to Pam Brangaccio, Vickie Mullins, David Pettrow. and filed. 3. Letter dated 2/19/86 from Tom Lewis, Jr., AIA, Architect, Dept. of Community Affairs, enclosing a copy of Rule 9J-5, "Minimum Criteria for ~dview of Local Comprehensive Plans and Determination of Compliance," which was ad~pted by DCA on 2/14/86, and will bp. effective after 1986 Legislature approves, modifies, or allows it to stand as adopted - Referred to Pam Brangaccio, Vickie Mullins and filed. 4. Letter dated 4/2/86 from John Morgan, DER, declaring June 1986 as American Rivers Month, and encouraging support for both private and public programs designed to manage and pro- tect rivers - Ref~rred to Don Lusk and filed. 5 Letter dated 4/10/86 from Douglas L. Fry, Environmental Supervisor, DER, enclosing short Form Application (File No. 111184665), which involves dredge and fill activities _ Referred to Vickie Mullins, Dr. Proffitt and filed. 6. Letter dated 4/3/86 from Elton J. Gissendanner, Executive Director, Department of Natural Resources, advising that DNR, in an effort to meet public service and conservation needs of florida's gr0wing future, is advocating again this year, legislation to establish a FL Conservation Corps _ Referred to Don Lusk, Ken Cuyler and filed. Page 48 .. .. - I ... "¡, ...._._,."-""__...',____...____"',__"'''"',''''''-,·.,,",,....'''''"_.0""'''.......''''"""""''''''''''''''."._"p.=" - _... ..... ·r -'. Apr il 22, 1986 7. Letter dated 4/4/86 from Governor Bob Graham requesting ðssistance ðnd support for the "Save Our Everglades Program" by quit-claiming the lands necessary for the restoration of Turner River, and cnclosing a copy of The Big Cypress Conservation Act of 1973 - Referrcd to Don Lusk, Cindy faulkner, Pat Carroll and filed. 8. Lettcr ~ated 4/4/86 from Roger Evan~/Dr. Jane Polkowski, HRS, attdching the Col!ter Public Health Unit Contrðct Ma~ugem0n\ Report of a;tivities and expenditures ~or the f~rst quarter of operation in the 1985-86 contract year, as required by Ch. 154, FL Stat., and the contract between the HRS and Collier County - Referred to Pam Brangaccio and fi led. 9. Minutes: Filed. A. CCPC 3/20/86 minutes ðnd 4/17/86 agenda. B. TDC 3/13/86 minutes. C. Florida Land and Water Adjudicatory Commission 4/22/86 agenda. 10. Letter dated 4/7/86 from Daniel D. Peck, Peck & Peck, regarding Petition SNR-86-lC (Renaming Valewood Drive to Quail Creek Drive), opposing a rehearing Referred to David Pettrow and filed. II. Memorandum dated 4/3/86 to The Clerks of the Boards of County Commissioners, from Steve Tribble, Director, Division of Records and Reporting, Public Service Commission, informing of the change in the title from the Office of Commission Clerk to the Division of Records and Reporting _ Referred to Bruce Anderson and filed. 12. Memorandum dated 4/7/86 to All Fire Equipment Licensees and Permittees, from D. R. "Buddy" Dewar, Director, State Fire Marshal, advising of Course on Portable Fire Extinguishers for Clðss I, 2, and 3 Licensees and Permittees - Referred to Pam Brangaccio, Dave Davenport and filed. aOOK 09aN:,!'~.35 Page 49 I ___·_,··_.M . ~ /' m~ 093Nf:! 436 April 22, 19B6 .......... There being no further business for the Good of the County, the meeting wa~ adjourned by Order of the Chair - Time: 12:25 P.M. BOARD OF COUNTY COMMISSIONERS/ BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL ..,>\ì~f\Ú Of r .{~ " .' {'~, ~.... ..' . - , " ¿, ~ t.. ::' ATTEST:':(. ~, .. ;WiLL;rAM J ¡\;,RåGAN, CLERK r-. '. .. .,' r. k:~~ð~~~.c , ' ¿;r;, ~ ~' ç ß1¡;;;- These minutes approved by the Bce on ~ or as corrected ~~//?,PC. as presented Page 50 " - - - I