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BCC Minutes 10/29/1985 S Naples, Fl?rida, Octob'H 29, 1985 LET IT BE REMEMBERED, that in accordance with action taken on October 22, 1985, the Bodrd of County Commissi?ners in 9nd for the County of Collier, and also acting as the B?ard of Zoning Appeals and aß the g?verning board(s) of such special districts as have been created according to law and having conducted business heroin, met on this date at 5:30 P.M. in SPECIAL SESSION In Building "F", Collier County Courthousd Complex, East Naples, Florida, with the following members present: CHAIRMAN: Frederick J. Voss VICE CHAIRMAN: John A. Pistor Max Hasse C. C. "Red" Holland Anne Goodnight ALSO PRESENT: Willi'- J. Reagan, Clerk; Jame. C. Giles, Fiscal Officer, Virginia Mðgri, Deputy Cle~k; Burt Saunders, County Attorney;,- Bruce Anderson, Assistant County Attorney; Donald B. Lusk, County Manager; Nail Dorrill, Assistant County Manager; Tom Crandall, Utilities Administrator; and Deputy Chief Ray Barnett, Sheriff's Department. AGENDA (1) Recommendation for approval of EMT/Paramedic professional liability insurance. (2) Recommendation for approval of travel, not to exceed $485, for Commissioner Fred Voss to attend Special Board Meeting. (3) Recommendation of approval of lease agreement and issuance of promissory note for .Lely Sewer Facilities. (4) Selection of a Resourcu Recovery vendor. ~QQ( 090 W.¡ 399 pag e 1 October 29, 1985 Tape '1 &OO( 090 pn 400 AMENDMENT OF AGENDA Commissioner Voss removed Item 12 from the agenda. EMT/PARAMEDIC PROFESSIOHAL LIABILITY INSURANCE WITH WESTERH WORLD THROUGH B.I.A. - APPROVED Commissioner Pistor said that he reviewed the Executive Summary and the propos.:.l seems reasonable. Chai rman Voss said that he see:s no alternative, whereupon Co..issioner Pistor .oved, seconded by Comais- sioner Hasse and carried 5/0, that the Risk Management Director'. reco..endation that the EMT/Para~edic professional liability insurance be placed with We.tern World through B.I.A. at liait. of $500,000 for an annual premium of $10,825 be approved. SEWER FACILITIES LEASE AGREE"ENT WITH LELY ESTATES - APPROVED _ RESOLUTIOH CWS-85-II.PROVIDING FOR ISSUANCE OF HOTE TO ACQUIRE LELY'S SEWAGE COLLECTION AND TRANS"ISSION FACILITIES - ADOPTED Assistant County Attorney Anderson noted that he had distributed copies of the lease agreement, the promissory note and the resolution authorizing the note. He said that all of the terms ~ere agreed to in the original agreement that the Board approved September 3, 1985 and the only change is that it was not spelled out in the agreement that the promissory note provides that the 7-1/2' interest that Lely would receive on the debt would be tax exempt. He said that the bond counsel was not sure if that would be recognized by the IRS but they inserted it in there. Also, Mr. Anderson said that there is one problem that has not - - been taken care of, which is St. Peter's Catholic Church that has some sewer force mains coming across their property éhat Lely does not have an easement for. He said that the County has been repcatejly assured by Mr. Klaas that those problems would be taken care of but as of this afternoon Lely has not received an easement from the church. He said that as far as the law is concerned, those pipes are a t~espass upon the church property. He said that Lely proposed to re-route the pipes around the church property, which will take two to three weeks, and that they are willing to sign an agreement that will defend and indemnify the County. Commissioner Hasse questioned if action on this item could b~ withheld until the easements are settled? Assistant County Attorney Anderson said that the agreement entered into provides that the closing shall take place within 30 days after Lely receives its permanent Page 2 - - .. 111'11."_" - - - October 29, 1985 operating permit from the DER and Lely received that permit on October 4th and the 30 days will be up before next ~nday. He said that there is the possibility that Lely w?uld be able to assert an adequate defense if the County were to sue them for failure to comply with this agreement. Chairman Voss questioned if the agreement could be approv~d subject to working out the details and Mr. Anderson replied affirma- tively. Commissioner Hasse pointed out that Lely "dropped the ball" and did not fulfill their obligation and questioned if the agreement sh~uld be approved. Utilities Administrator Cr~ndall said that if the County does not close within 30 days as agreed upon in the original agreem~nt, there may not be a closing. He said th3t he feels that th~y can work out the agreement and Lely has agreed to put the money in escrow. Commissioner Hasse questioned why they have not fulfilled their obligation and County Manàger Lusk replied that Lely has been trying to work an agreement with the church and it has boen back and forth and '- they have not been able to co~e to an agreement. Attorney Jack Stanley, representing Lely Estates, said that as of today they were told by the church that they were not going to take their offer to give them the adjoining piece of property and they did not want to deal with Lely. He suggest~d that Lely sign an indemnity agreement and an escrow agreement to ensure that the money is there. He said that it will take about three to four weeks for the whole matter to be resolved, adding that they need a DER permit to put the lines in. Commissioner Hasse questioned what would happen if they do not get the permit and Mr. Stanley said that Lely Estates would sign an agreement to indemnify and save harmless the County from any actions brought by the church against the County for trespass. Mr. Crandall said that Lely would also agree that while that line is in the church property that they w?uld be responsible for it until such time as it is moved and the County would not agree to anything less than that. He said that the church's concern is that the County does not have to pay for an easement that was never acquired and the County will not pay for an easement that has not been acquired, that is why Lely has agreed to move the line. County Manager Lusk asked Mr. Stanley if Lely agrees that if they cannot get a permit and the County has to go to condemnation of the ðOO~ 090 PA'.[ 401 paga 3 October 29. 1985 800K 090 W! 402 church, that they will pay those costs? He said that it is obvious if they cannot get a permit to move the pipe it will have to stay there and go through condemnation because they cannot close the sewer system d own . Mr. Crandall said that he finds it hard to believe that they will not get the permit to move the lines, and that they should be able to get the permit in a couple of days. Co..ission.r Pistor .ov.d that tb. I.... .gr....nt b. approv.d vith th. understanding that Lely viII inde.nify the County and agree that if it has to go to cond.mnation th.y viII pay the cost of the condemnation proc.edings. Co..issloner Goodnight s.conded the .otlon vhich carri.d 4/1, Co..l.sion.r Boll.nd oppos.d. Co..i.sion.r Pistor .ov.d, ..cond.d by ·Co.-i..lon.r Goodnight and carri.d 4/1, Co..issioner Bolland oppos.d, th.t Re.olutlon CWS-8S-11 providing for th. I.suance of a vater and s.ver revenue note in the ..ount of $1,200,000 to acquir. Lely'. .evag. collection .nd tran- s.is.lon faclllti.. be adopt.d. - ~ Page 4 - í , , .. .. October 29, 1985 SI"ULTAKIOUS MEGOTIATIOHS TO BE ENTERED INTO WITH DRAVO AND SHAWMUT- WESTINGHOUSE RE RESOURCE RECOVERY FACILITY - APPROVED. PAIHEWEBBER APPOINTED LEAD INVESTMENT BANKER Assistant County Manager Dorrill recalled that the Selection Committee met this date to hear and short-list the proposals and final presentations submitted by the three main r~source recovery vendors which were Dravo, Foster Wheeler and Sha~mut-~stinghouse. He said that as a result of the meeting toddY there was a recommendation from the County Attorney an;> Special Counsel selected to assist in the negotiation of a con~ract and that Dave Fischer had concern regarding the merit of having two firms enter into simultan.l)us negotiations to use as leverage in the Cl)~nty's favor in the ho?es of negotiating a successful service delivery contract and setting up the escrow financing prior to the end of the year. He said that at the same time there was concern that if the County had two firms to take to the >. Board, what would the position be regarding the work related to the underwriting of the bonds and the fðct that there would be two firms '- competing against ~ach other and there is work that needs to be done immediately. He said that it was recommended that a lead manager, who could be determined by the County, would then begin those efforts and whoever is the final successful company would enter into a co-manager relationship with the underwriters proposed from whichever technology is selected. Mr. Dorrill said that there were seven members on the Selection Committee and he recapped their votes as follows: 1st Place 2nd Place 3rd Pla~e Dravo Foster Wheeler Shawmut-Westinghouse 5 o 2 2 2 j o 5 2 Mr. Dorrill said that it is the recommendation I)f the Selection Committee that simultaneous negotiations be entered into with Dravo and Shawmut-Westinghouse; also, a second motion was made regarding the underwriters in the event the Board takes the recommendation, as a result of some concern that neither one of the two competing firms' underwriters would be at the County's direction to proceed initially. He said that a motion was made and passed 5-1 with 1 abstention that the County use its current underwriter of record who is paineWebber. Mr. Dorrill introduced Tony Lacotta of Gibbs & Hill, which is one of the Dravo companies; Lou Tedesco, President of Dravo Engineering Companies and David Gazer, ~~nager, Westinghouse Electric Corporation. bQO~ 090 wr 433 pag e 5 BOOK 090 PA~f 434 October 29, 1985 Mr. Edward Johanson, representing the Naples Conservancy, referred to a document that was given to the Selection Committee on which they were to score the vendors on technical evaluation, construction operation experience, etc. He questioned the wording "environmental efficiency" but said that is the major issue that the Board should be addressing. ~ said that the Board appointed ten people to th~ Citizens Solid Waste Advisory Committee and that they have been meeting for over a year and have read all of the proposals and attended all of the meetings and that they were not asked for input for today's meeting. Mr. Dorrill said that the score sheet was developed by him as a way for the Selection Committee, four or five of whom were on the Citizens Solid waste'Advisory Board, to num~rically rank the three people and it was done deliberately so that there woul~ be no question as to the individual vote and rank and tally of the me~bers present. He said that it was also done and weighted on the side of the technical evaluation and, also, the technical evaluation and construction and proven operating experience of the firms. He said that those two criteria counted for 60\ of the total votes that were available. He said tipping fees accounted for 20\ of available points and he did it this way so that the Commission would have a ranking that they could vote on as opposed to a motion without Lny substantiation. He said that he has said that if anyone did not want to use his form they could ~ their own form but he felt that ~here should be some evaluation. Mr. Dorrill said that last Tuesday a recommendation was made to enter into simultaneous negotiations with two ffrms. He said that recommendation still stands. Mr. 8ill Barton said that he is concerned with tho term "simul- taneous negotiations" and that he believes it to be unethical and hopes that is not what the intent is. County Attorney Saunders said that they are trying to get the best deal that they can for the County; they are not trying to take advantage of anybody. He asked that the negotiating counsel explain this further. Mr. Jerry Streetwiser and Mr. Jerry Aron were introduced as the negotiating counsel. Mr. Streetwiser said that they want to try to give the committee and the lawye(s involved a better understanding of the proposals made today. He said that it is hard to make the ultimate comparison until it iß all down on paper. He said that by undergoing simultaneous discussions they will have it all on paper of what the two Page 6 .. - .. - October 29, 1985 facilities can do for the County and the citizens. Also, it will giv~ increased flexibility with the negotiating committee and pr~vide the County with alternatives. He noted that time is a very important Tap. '2 factor sions. view. and efficiency in time will result from simultaneous discus- Also, t~ere is the benefit of having an additi~nal point of James Flügler was r~gistered to sp~ak but was not in the room when called. Ms. Kathy Ennis, memb~r of the Citizens Advisory Committ~~, said that she was sp~aklng for herself and It was unclear exactly who is going to be making the dQcision regürding the two finalists and it is her understanding that the current selection committee will be disbanded and there is a negotiating committee consisting of County . Manager Lusk, Assist3nt C~unty Mðnager Dorrill, County Attorney Burt Saunders, Financial Advisor Dave Fischer and Dr. Stokes. Chairman Vos~ said that was correct. Ms. Ennis said that she c~ntinue~ to be concerned about th9 environmental aspect because, from an environmental standpoint, the two propl)sed technologies are completely different. Ms. Ennis said that she would like to know that environmental con- siderations are something '~'th dollars and cents to this community and she is concerned that It is going to get down in th9 neg~tiation3 to a bargain basement price. She stressed the fact that the two technologies are n~t equõl, and one is superior from an environmental standpoint and consideration must be given to that. She said that the term "resource recovery" has been used a lot; however, they are only talking about Qne recourSe recovery plant, which is the Swawmut- Westinghouse fluid bee technology and one waste energy mass burn facility. She said that they can say with absolute certainity that "what does not go in the furnace does not come out the stack". She said that Collier County has the ability to influence the state of Florida. She pointed ou~ that although fluid bed is not yet used in the United States, it is used extensively in Japan, Sweden and Finland and Collier County has the opportunity to lead the way. County Manager Lusk said that he does not believe that cost is a factor with the two co~panies. He said th~t it is very competitive. Mr. Dorrill noted that the final decision will be made by the Board. Mrs. Charlotte Westman, representing the Leage of Women Voters of Collier County, said that she wanted to refresh memories of certain Pag!! 7 !CO( 090 PAr.£ 435 October 29, 1985 tOOK 090 PA'·l 436 things said at the Oc~ober 22, 1985 meeting. She read a verbatim statement made by Dr. StQkes at that time, a portion of which read "There was considerable discussion in this board after the selection committee's decision with regard to a preference that th~ Citizen Advisory Board has for newer technology and the approval was given, as Mr. Dorrill says, on the condition that the evaluation committee would look very carefully at the overall picture governing the selection of a resource recovery project-. She recalled Commissioner Hasse's remarks about his concern for the community and what kind of decision is made and some of Commissioner Pistor's comments on the same subject regard- ing the environmental problems and interests. Continuing, Mrs. Westman read portions of a statement made by Co-President of the LWVCC, Sloane kobbins, at the meeting of October 22nd and ?oncluded with noting Objective l: Policy (d) of the County Solid Waste Element of the Comprehensive Plan as follows: "Provide a flexible solid waste management program so as to incorporate efficivnt and newer techniques whenever available." She said that this speaks for itself. Dr. Stokes said that he would like to have seen a clear cut choice for one vendor but that now the County has a second chance to get all of the facts. Hg said that he feels, personally, that if all of the facts are fully and fairly evaluated they may still decide for a newer technology. Chairman Voss said that he is sure that the negotiating committee wJJl take into considvration all of ~he things presented. Commissioner Hasse said th3t he would be remiss if he did not compliment the selectIon committee, noting that~they could not buy the hours and hard work. Commissioner Hasse .oved to approve the simultaneous negotiation of contracts with the firms of Dravo and Shawmut-Westinghou.e and propose a final recommendation to the Board of County Commissioners as expeditiously as possible. Commissioner Goodnight seconded the .otion which carried unanimously. Mr. Corrill said that the Board needs to give direction giving authorization for PaineWebber to serve as senior manager with whomever the successful firm is. Mr. Saunders said that consid!ration should be given as to what percentage of the deal the senior manager would get. Commissioner Holland qu~stioned if the County did not have a jQint effort with PaineWebber and some other firm? Mr. Saunders replied that there was a joint effort with A. G. Edwards on thv w<1ter/sewer. Chairman Voss questioned if Mr. DQrrill was suggesting the same joint Page 8 I , .. - .. ........,--""'- ¡".'. effort and he replied that he was not aware of A. G. Edwards. Commis- sioner Hasse said that they have the authority to incorporate the tw~ . firms and Chairman Voss said that then they would end up with three firms because whoever is selected would have their own investment banker. Chairman Voss said that two is enl)ugh. Mr. Corrill said that the fees would be np.gotiated by Mr. Fischer. Co.missioner Pistor .oved, .econded by Co.missioner Hasse and carried unanimously, that PaineWebber be approved as the lead investment banker. There being no other business the meetinJ was adjourned by Order of the Chair - Time 6:20 P.M. .. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS, EX- OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL . FkEDERI~~~~, CHAIRMAN ATTEST: WILLIAM J. REAGAN, CLERK ~~~~:;~~.¿::2C. , ~ 7,,.:, ?"/ . /' J . .---' ~ .,", The~e '!IIi"fl.tes approved on ,/~/"..(,.ðFJ as ~Pte~ented ~or as correct~d . . " . .' C .' ".. ~ ... ... ..- " .. . í, ~ "'" ., &OOK 090 PAr,l 437 pag e 9 T4_1' '-