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BCC Minutes 06/18/1991 R Naples, Florida, June 18, 199A LET ST BE REMEMBERED, that the Board of County Commissioners in and for the County of Collier, and also acting as the Board of Zontng~ Appeals and as the governing board(s) of such spscial districts as have be~n created according to law and having conducted business herein, met on this date at 9:00 A.M. An R~OULAR BIBSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Patricia Anne Goodntght~ VICE-CHAIRMAN: Michael J. Volpe Dotrill, County Manager; Ron MoLemore, Assistant County Manager; Ken Cuyler, County Attorney; Frank Brutt, Community Development Administrator; John Boldt, Water Management Director; George Archibald, Transportation Services Administrator; Ladd Ryzlw, Richard S. Shanahah Max A. Haaee, Jr. Burr L. Saunders ALSO PRESENT: James C. Giles, Clerk; Joe Warren, Controller; Ellis Hoffman, Annette Guevin and Wanda Arrtghi, Deputy Clerks; Nell ~ Engineering Project Manager; Tom Kuck, Transportation Capital Projects Director; John MadaJewskt, Project Review Services Manager; Fred Bloetscher, Assistant Utilities Administrator: Herb Luntz, Co~mmunications Manager; Bryan Milk, Sam Saadeh, and Eric Young, Planners; Sue Fllson, Administrative Assistant to the Board; and Deputy Paul Canady, Sheriff's Office. Pa~e I #! Item ,3 .AGENDA - APPROVED WITH CHANGES Co"~'issionsr Shan~han moved, seconded by Co~missioner H&sse ~nd carried un~ni~ously, that the egenda be approved with the following changes: 1. June 18, 199! 10, 11. ~ONS!~'IT~ AGZNDA - APPROVED AND/OR ~_nO_PTED The ~otion for mpprovel of the Consent Agenda is noted under Item #SB - Proclamation recognizing William B. Smith, Jr. - Added. (Requested by Commission). Item #9E5 - To obtain Board approval of the Faithful Performance Bond of Abraham Skinner, Property Appraiser - Added. (Requested by Staff). Item #12A - Request from Immokalee Neighbor Services to waive tipping fees at the Immokalee Landfill for excess Federal food supplies - Added. (Requested by Commissioner Goodnight). Item #12B - Discussion of Collier County Purchasing Policies - Added. (Requested by Commissioner Saunders). Item #12C - Resolution supporting the location of Flortda,s% Tenth University in Collier County - Added. (Requested by Board of County Commissioners). Item #16C! Moved to 9C! - Recommendation for the Board to approve a Collier County Resolution for the Parks and Recreation Department that will designate employees as Park~ Rangers and authorize Park Rangers to issue citations for violations of Collier County Ordinances within Park Boundaries. (Requested by County Attorney). Item #16C5 - Recommendation that the Board authorize the signing of a renewal agreement with Area Agency on Aging for continuation of Community Care for the Elderly Program - Continued (No Date). (Requested by Staff). Item #16C6 - Recommendation that the Board authorize the signing of a renewal agreement with Area Agency on Aging for continuation of Alzheimer's Disease Initiative Program - Continued (No Date). (Requested by Staff). Item #10B - Resolution supporting U.S. Senate Bill 92~ (voter registration) - Added. (Requested by County Attorney). Item #16D1 Moved to 9D4 - Amendment No. 1 to Professional Engineering Services Agreement for Immokalee Road Utility Project. (Requested by Commissioner Volpe). Item #16D3 Moved to 9D5 - Professional Services Amendment Agreement with Mtssimer and Associates, Inc. for Deep Well Injection Services. (Requested by Commissioner VolDe). ~LKI~ t ~j RKPgRT - API~OVED 3une 18, 1991 The sation for approval of the Clerk'e Report Is noted under Xtem~ Item #4 MINUTES OF THE R~GULAR MEETING OF APRIL 30, 1991 - APPROVED AS , '. rmITTZD Cooisotoner Shanaban moved, seconded by Com~iesioner Haese and carried unanimously, to approve the minutes of the regular meeting Xteu #SA EMPLOYEE S~RVICE AWARDS - PRESgNTED Commissioner Shanaban presented Employee Service Awards to the following emp2oyees: Mtllte P. Kelly - 10 Years, Utilities/Wastewater Michael N. Kirby - § Years, Community Development Compliance Esther J. Sptnk - 5 Years, Library/Naples Branch FROCLAMATION RECOGNIZING WILLIAM B. SMITH, JR. - ADOPTED . Upon reading of the Proclamation, recognizing William B. Smith, Jr., who has served Collier County as Enforcement Coordinator for the~ Collier County Code Enforcement Board, Commissioner Hesse moved, Ilcondld t:~ Contelloner Shan~han and carried unanllouel¥, that the Proclmtlon be adopted. Pag. 3 June 18, 1991 RESOLUTION 91-461, RE PETITION PU-90-12, WILLIAM T. DARLINO OF WNPL REPRESENTING NILES COLLIER, TRUSTEE, REQUESTING EXTENSION OF PROVISIONAL USE FOR A COMMUNICATIONS TOWER - ADOPTED SUBJECT TO AGRH~4~NT SHEET AS AMENDED Commissioner Shanahah advised that because of an investment in WNPL and in order to avoid any possible challenge of a conflict of . .interest, he will abstain from voting on this item. Planner Saadeh stated that this item is a request for an extension of Provisional Use "b" of Section 8.10 (Essential Services}, of the A-1MH District. " Mr. Saadeh explained that the Petitioner is aware of two new stt- pulattons which have been added to the Agreement Sheet, and has no problem.with same. He noted that the two new stipulations are referenced on Page 3, Items B and C. Commissioner Eases moved, seconded by Coamtsetoner Saunders and carried 4/0 (Canisstoner Shanahah abstained), to approve Petition PU-90-12, thereby ~topttng Resolution 91-461. Page 4 PUBLIC PITITION ANDREW T. KANE, RE PUBLIC NUISANCE, NAPLES MANOR A,DDITION - NO ACTION June 18, 1991 Community Development Services Administrator Brutt stated that Mr.:~ ~.::"'&nd~*e, Klne's two piece. of property have an accumulation of garbsos, trash and liquid waste. He noted that Mr. Kane does not question the fact that these are on his property, but part of hl~ difficulty ts how i('he would keep people from dumping additional materials on his property[ if and when this particular site 1s cleared off. H~ indicated that Mr. Kane has been advised of the need to remove these items from Commissioner Hesse suggested that Mr. Kane poet no trespassing or no dumping signs on his ~roper~y. Hr. Brett explained tha~ Hr. Kane ',':' hta property. No action was t~kan on thla Item. zt,. ,SA2 AO~EEM~NT WITH THE COLLIER COUNTY SCHOOL BOARD AND LELY DEVELOPMENT CORPORATION RE RESIDENTIAL 9UILDINO PERMIT ISSUANCE WITHIN A PORTION OF THE LELY RESORTS PUD - APPROVED SUBJECT TO INDEMNIFYING COUNTY FOR ,,~ Cp~TS Community Development Services Administrator Brutt remarked that this Item is a recommendation to enter Into an Agreement with the Collier County School Board and Lely Development Corporation with , regard to controlling the Issuance of residential butldlng permits within a portion of the Lely Resorts PUD. He expla.ined that utility Installations were put into the ground for the benefit of Lely Elementary School and both parties agreed that Lely would not pull residential permits for the northenmt pnrt of th~ d~v~.lopmont. noted that the County Attorney's Office has reviewed the documents and · ~ ~.;~ nmende approval. Mr. Brutt requested that Attorney SJ~ky .cknowl~d~ for th~ record that the School Board will Indemnify the County relative to Its Page 5 ~atton in the Agreement. June 18, Attorney Jim Sissky, representing the School Board of Collier County, announced that he is pleased to make the representation, as .requested by Mr. Brutt, to the Gommteeton. He reported that the Idea Is not to cause any difficulty to the County since It has been very good to the School System. He related that the Agreement Is for the benefit of the taxpayer. He indicated the the Agreement is a securIt~ for the School System since Lely has put In writing that they will pay In a timely fashion. He stated that the School Board will indemnify the County Commission for any costs that may be incurred in this regard. Commissioner Shanahah ~oved, seconded by Couteetoner Hames and cm~rled unanimously, to approve the Agreement with the Collier County School Board and Lely Development Corporation, subject to the School Board Indemnifying the County Commission for any costs. Page 6 June 18, 1991'~ Ztem #gA2 CONSTRUCTION AND MAINTENANCE AGREEMENT WITH SURETY PROVISIONS WITH PINE COAST ENTERPRISES, LTD. FOR THE NAPLES SHORES COUNTRY CLUB (FORMERLY KNOWN AS ROYAL PALM GOLF ESTATES) - APPROVED SUBJECT TO CONTINQENCIES Community Development Services Administrator Brutt stated that this issue relates to a construction and Maintenance Agreement with surety provisions with Pine Coast Enterprises, Ltd., for the Naples Shores Country Club. He indicated that this particular project goes back to 1976 at which time the construction documents and the final plat were approved by the County. He noted that in 1985, the Board approved conditional preliminary acceptance of the required improve- ments, however, part of the difficulty in this project is financial considerations between the numerous owners and some of the required utility installations quality of the project were not fulfilled. He reported that to date, the project is not completed and numerous defi- ciencies exist with regard to the required improvements and staff and the owners agree that they must be satisfactorily completed. Mr. Brutt advised that the current owners are operating under pro- tection of Chapter ll of the U.S. Bankruptcy Code and has been working with staff to prepare a plan of action and reorganization for consideration by the bankruptcy court. He explained that to legally proceed with a plan of reorganization the Owner must develop and the County must approve a schedule of tasks and procedures of the improve- ments that need to be made. Attorney Patrick Neale, representing the Petitioner, advised that there are approximately 328 single-family residential lots in place on the plat as recorded in 1976 and infrastructure Improvements have beenI extended to 249 of those lots. He explained that the Construction and Maintenance Agreement will provide for the completion of those lmpro- vements to meet with the applicable standards of the recorded plat, provide security to the County to ensure that those improvements will be completed in a timely fashion and should the Owner/Developer not be ~' able to complete same, there will be adequate security for the County to move forward and complete them. Attorney Neale reported that the security will consist of a ~300,000 Standby Letter of Credit which will be in form and fashion acceptable to the County and attached to the Agreement. He related that there will also be a first mortgage on the 79 lots which are platted but are currently unimproved and granted to Collier County at the effective date of the plan. He remarked that the current assessed value of those lots is $643,7§0. He noted that a Homeowners :J<[::'.'Aaaociatton will be created, based upon deed restrictions and that association has the power to assess for water/sewer improvements and they would take over the ownership and maintenance responsibilities [. for the sewage utility that is in place on the project. Mr. Neale pointed out that the schedule of the improvements for the roads, sewer and drainage are to be completed according to the normal schedule in the County's Subdivision Regulations which is 36 months from the time of the effective date and the effective date of the Agreement will be the date as determined by the Bankruptcy Court in Illinois. He divulged that everything that is done today, is sub- Ject to approval by the Bankruptcy Court which will decide upon the acceptability of the plan. Mr. Neale stated that the water utility will be completed within 12 months of the effective date of the Plan since it is more critical ~o the operation of the project. He indicated that it is necessary for the Construction and Maintenance Agreement to be approved by the Commission in order for the plan of reorganization to be approved so that the community may move forward. He reported that currently there are 10 homeowners residing in this community and there are a number of other lot owners who would like to complete construction of their homes. He noted that this would provide moderately priced housing in that area of Collier County. Commissioner Shanahah related that it appears that the County Page 8 June 18, 1991 would have nothing to loose if the Bankruptcy Court decides that it is not in the best interest to move ahead. He noted that the review and · ...,; Inspection fees associated with the $397,000 worth of maintenance and construction would result as follows: $1,505 for drainage, sewer, water and roads review; and $4,§15 for the same drainage, sewer, water :'and roads inspection. Attorney Neale advised that subject to approval of the Bankruptcy Court, his client has no problem accepting the fees for those ser- Commissioner Volpe noted that the Agreement has not boon approved by the County Attorney's Office for legal sufficiency and questioned ,: whether this Is an oversight. Assistant County Attorney Wetgel called attention to Page 2 of the Executive Summary, which indicates that the Agreement was not signed off for legal sufficiency due to items needing the Board's attention. He reported that the rules today under the Subdivision Regulations are different than those of 1976. He expressed that one practice in 1976 was that a developer of a subdivision could convey the lots within the proposed subdivision as security but that is not a part of the Subdivision Regulations of today. He detailed that the 79 lots which are to be conveyed to the County as a first mortgage is contrary to the rule but this is actually no different than what the situation was in the past with status quo. Additionally, he noted that the Construction and Maintenance Agreement provides for a reduction of the construction and maintenance security based upon a quarterly request as opposed to an annual request which the Subdivision Regulations have always provided. He indicated that he has no problem with the appro- val of this Agreement, other than the Board would be noting on record that the Subdivision Regulations did not provtde for these specifi- cally end because the law was thus, the County Attorney's Office could .not sign off on the Agreement. 'In response to Commissioner Volpe, Assistant County Attorney 0007 : 24Page June 18, 1991 ,gel stated that typically a title opinion from the Attorney or title Insurance is requested. He indicated that the agreement does not specifically state that all costs relative to the mortgage will be borne by the developer, but this is generally one of the requirements when there is a conveyance of first mortgage on a property. He noted that he has no problem having the petitioner agree to this for the :..record. Mr. Neale replted that subject to approval by the Bankruptcy Court, he agrees to the issues with respect to a title pollc¥ or an :~'"attorneys opinion relative to the 79 lots and that all costs are to be borne by the developer. Project Review Services Manager MadaJewskt advised that there is no package sewage treatment plant at this project. He Indicated that the praiser was approved with sowor lines that are extremo]y Jaw In grade since this took place during a time when there were great claims relative to PVC pipe. He noted that the maintenance of this system will remain under the operation of the homeowners because the cost to maintain this system will be higher than normal and it Is not recom- · mended that the rate payers of Collier County's Water/Sewer District offset the costs for this project. In answer to Commissioner Saunders, Attorney Neale stated that the! 'future purchasers of the lots will be advised that the sewer lines will not be maintained by th~ County through the recorded Homeowners Association Agreement. Oomtletoner 8han~h~n ~ved, seconded by 0o~tststoner Huee ~d c~rted ~t~ly, to approve the Const~ctlon ~d Matnte~ce Agreement with Pine Comet ~nterprtaem, Ltd., subject to review by the Co~nty Attorney's Office for legal sufficiency and review of the Homeownerl Association doculentl. Page 10 Item ~9B1 REIMBURSEABLE EXPENDITURES TO FLORIDA POWER AND LIGHT FOR RADIO ROAD UTILITY ADJUSTMLWTS PURSUANT TO PENDING FACILITIES LOCATION ~GR~EMENT, - APPROVED IN THE .~STI..MA?ED AMO,UNT.,,,0F Engineering Project Manager Ladd Ryziw reported that this item is a recommendation for the Commission to review and accept a reimbur- seable agreement to the Florida Power and Light Company (FPL} for the telstation of overhead power facilities along Radio Road. He ~. cared that the estimated cost for approximately 1.2 miles of roadway ' ts $77,8§1. He noted that this is a 3.2 mile project extending from Airport-Pulling Road to Santa Barbara Boulevard but is segmented into two phases. Mr. Ryztw explained that the westerly two miles of the roadway project will be let separately, but this does not involve manor re/o- cation of the facilities owned by FPL. Mr. Ryztw revealed that the facilities under the 1.2 mile segment of roadway lie within a separate exclusive utility easement which is the primary reason for staff requesting approval to expend the dollar amount of $77,851. Co~teeloner Shanahen moved, seconded by Commissioner Volpe and carr/ed unanimously, to approve and authorize the reimburseable costs to Florida Po~er and Light Company for the Radio Road Project. Itel ~9B2 REIMBURSEABLE COSTS TO FLORIDA POWER AND LIGHT COMPANY FOR I~fOKALEE ROAD UTILITY ADJUSTMENTS PURSUANT TO PENDING FACILITIES RELOCATION AGREEMENT - APPROVED IN THE ESTIMATED AMOUNT OF $74~279 ..... *** Contestsnet Saunders left the room at this time *** Engineering Project Manager Ladd Ryziw stated that this item re/a- i:: . res to the Immokalee Road Project and staff is recommending relmbur- · sement to the Florida Power and Light Company (FPL) for relocatton of four separate pole systems and anchor guides. He explained that the relocmtion work is necessitated primarily by improvements to I~okalee~ ..'. Road ~d in the future for long term tm~rovements to Livingston Road'. ,, ( ~He reported that the highway design for this project te completed and at 1-75. -im~ediately to the west of I-?§, He remarked that staff is currently right-of-way acquisition which involves direct purchases and domain proceedings to effectuate the earliest possible start approximately 3.§ miles commencing at U.$, 41 and terminating He pointed out that the FPL transmission facility is located ~the construction of the project. Mr. Ryziw reported that FPL has rights for reimbursement for power :-~.. re]ocation work since it has exclusive rights to an easement upon iii":~'~'which the power poles sit on this particular parcel of land and staff :~.; recommends approval of the expenditure in the amount of $74,279. He ~ted that staff will be reviewing the reimburseable agreement with the County Attorney's Office. Commissioner Shanahen ~ovad, seconded by Commissioner Has~e and carried 4/0 (Commissioner Saunders out of the room), to approve the rei~r~raeable coats to Florida Power and Light Company in the earl- ~ed ~ount of $74,279 for the I~okalee Road Project. Item#gB3 AUTHORIZATION FOR BETTER ROADS, INC. TO PERFORM ADDITIONAL ROADWAY CONSTRUCTION FOR C.R. 9~1FOUR-LANING IMPROVEMENTS (23RD AVENUE S.H. TO GOLDEN GATE BOULEVARD} - APPROVED IN THE AMOUNT OF $81,62~.30 · ,e Commissioner Saunders returned to the meeting at this time ''' Transportation Capital Projects Director Kuck advised that the objective of this item is to obtain Board approval for proposed addi- , :tiehal work for the C.R. 951 construction contract with Better Roads, 'Inc. in the amount of $81,621.30. He disclosed that the additional work consists of four items: the specific need to construct two mid- block median openings along C.R. 951 to help serve the commercial businesses along this roadway; installation of additional sod along the canal bank between C.R. 951 and 39th St. S.W. to control erosion; installation of underground irrigation conduits at five locations to provide for irrigation and electrical service in the event that the median areas are to be landscaped in future years; and temporary median opening in the vicinity of the Circle K and the Gathering Page 12 .? ' June 18, 1991 71.' Restaurant to provide access to local businesses on the south side of f..~, the, project. ) "! '~:"Commtsstoner Volpe pointed out that the cost of the sodding is about 40X of the cost of this work and questioned whether Better Roads had any sodding obligations under the original contract. Mr. Kuck reported that one of the subcontractors would provide the sodding set~' vice. ': .. Mr. Kuck explained that there has been extensive erosion along th canal banks and Better Roads will be responsible to take the material which has eroded into the canal bank and bring It up to dress up the shoulders. He noted that the cost for this work ts approximately $31,000 and this ls a very competitive price. Cow-lsstoner Hasee moved, seconded by Commissioner Shanaban and carried unanimous/y, to approve the additional construction expen- datums with Better Roads, Inc. in the net increase amount of R~$OLUTION 91-462, DESIGNATING COLLIER COUNTY PARKS AND RRCREATION EMPLOYEES AS COUNTY PARK ENFORCEMENT OFFICERS TO ISSUE CITATIONS FOR VIOLATIONS OF ORDINANCES WITHIN PARK BOUNDARIES - ADOPTED AS AMENDED Assistant County Attorney MaSalich advised that this item has been moved from the consent agenda to the regular, as requested by County Attorney Cuyler. He called attention to the proposed resolu- tion which allows Park Rangers to issue citations for violations in County Park areas. He cited changes which need to be made to the resolution, noting that there are two Exhibits: Notice to Appear (Exhibit "A") and Waiver Information on the last page of the same Exhibit. He requested that the waiver be deleted from this form and then the form will be entitled "Citation and Notice to Appear". Assistant County Attorney Mafiallch explained that the resolution gives the Park Rangers the authority to enforce everything from Sea Turtle to vandalism at the parks and the Act speaks to a mandatory appearance in County Court. 52 Page 13 In addition, Attorney Mafaltch requested that the "notary block" be deleted on Page 6 of the packet since many times, the Enforcement Officers would not have a notary when they are out in the field. Assistant County Attorney Mafialich suggested that Section Three, ~Form of Citations" be amended to provide language referencing the applicable fines to be imposed as per F.S. Chapter 125.69, standard 60 days and/or $500 penalty which is applicable for the violation of County Ordinances. Co--iaeloner Shanaban ~oved, ~econded by Co.ale. loner He~ee end carrledunmnt~usly, that Resolution 91-462 be adopted a~ m~ended. Page June 18, 1991! Recessed: 10:30 A.M. - Reconvened: 10:45 A.M. at which Deputy Clerk Guevtn replaced Deputy Clerk Hoffman Xtem~D1 PI~8~IITATION OF D[IP AQUIFER HYDROGIOLOQICAL SURVEY PHASI I - RKPORT Dr. Charles Walker, Senior Hydrogeologist with Missimer and Associates, Inc., provided the Board with a brief description of what his firm has accomplished In the past six months with the deep aquifer study. He reported two test wells have been drilled to a depth of approximately 1,600 feet, one well at the Manatee Road site and another at the water treatment plant site. He advised the primary objectives of the study are to determine what aquifers are present down to a depth of 1,600 feet, the water quality and potential quan- tity that could be derived from those aquifers and the water resources for reverse osmosis feed water. He noted an analysis was also completed to evaluate the use of the aquifers as an aquifer storage and recovery project along with Investigating environmental impacts that:may result from utilizing the aquifers. Dr. Walker referred to a graph which he indicated showed the aquifer systems encountered as well as the water quality. He said water quality Is Judged by the amount of chloride concentration which is a good Indication of salinity. He advised the Manatee Road test well, at a depth of 600 feet, showed levels of chloride well beyond that of potable water. In comparison, he said, the quality of water maintains itself significantly deeper at the water treatment plant test well, down to approximately 1,100 feet. Dr. Walker asserted that his firm computer modelled two hypothett- cal wellfields to find what Impact pumpage would have on the environ- ment and the aquifer. He said the simulation of both wells pumping at five million gallons per day predicts 20 feet drawdown within the aquifer at the Manatee Road well and approximately 14 feet drawdown the water treatment plant well. He concluded this scenario shows there will be minor, if any, Impact from the withdrawal of ftve Page June 18, 1991 million gallons per day from each well, resulting in a very viable reverse osmosis feed water source. Dr. Walker explained that aquifer storage and recovery (ASR) is simply a water management technique which stores excess water in an underground aquifer during the wet season, which can then be retrieved during the dry season. Commissioner Hasse asked if it is certain that water will remain in an underground aquifer after being pumped in? Dr. Walker replied this is a test program, however, hls firm feels confident of their projections with the knowledge they have in aquifer characteristics. He said Phase II will determine the certainty of those expectations. Commissioner Shanahah commented the ASR philosophy may transmit into an excellent way of capturing considerable amounts of water during the rainy season for use in the dry season. He indicated his belief that this study should continue to develop into its final sta- ges. Dr. Walker communicated that Phase II of the ASR program will deal strictly with potable water. He said the excess potable water pumped during the wet season will be recovered, disinfected and put back into the system when it is needed. He said this will eliminate the peak demand as well as the expense of building another water treatment plant. He mentioned that ASR may be possible with irrigation water, however, Phase II is simply for potable water. In answer to 0ommissioner Shanahah, Dr. Walker responded the per- mitting stage of ASR is completed with the Department of Environmental Re~lation (DER). He indicated they expect to start drilling the ASR test well in four to five weeks. He said Phase II should be completed by October or November, at which time he expects to report back to the Board with facts on the exact viability of the ASR project. Oommissioner Volpe mentioned the original contract with Missimer & Associates, Inc., was for more than $646,000. He asked if this pre- senration is a result of that effort? Dr. Walker replied this report Page 16 the first half of that contract, and Phase II is the remaining por- tion. He added that Phase II must be completed in order to evaluate whether to pursue Phases III and IV, however, Phase V which is the injection well, has already been approved by the Board. In response to Commissioner Volpe, Tom Misslmer remarked the way DER treats test wells and injection wells is totally different. He said they do not allow water to be directly discharged at the surface during injection well construction, therefore, a good water quality % sample cannot be obtained. He stated DER insists the water constantly be reinjected down the well during drilling. He advised in a potable supply exploration scenario, the water can be brought up to the sur- face for proper test sampling. ~ Commissioner Volpe questioned why Collier County should use ASR as: opposed to water storage tanks? Mr. Missimer replied the County would need to build a reservoir to store 400 million gallons of water. He said reservoirs do not work in southwest Florida because of evapora- t/on. He reported ASR uses the ground as a massive storage tank, adding the storage volume space itself is free. County Manager Dotrill asked if, as part of the initial testing and water quality, bacteria/ agents in the water were looked at? Mr. Mlseimer responded that bacterial studies have not been done from the lower aquifers. He said bacteriological testing has been done on the North Lake 0keechobee ASR system by the South Florida Water Management: District. He said the Testing found that the pressures and salinities in the well killed the bacteria. Comiaeloner Haeee moved, seconded by Commissioner Shmnahan end c~'rted unanimously, to accept the report on Phase I of the Deep Aquifer Hydrogeological Survey. X~em ,9D4 AM~NDPf~NT NO. ! TO PROFESSIONAL ENOINEERINa SERVIOES AaR~EMENT FOR XMMOEALEE ROAD UTILITY PROJECT - APPROVED Com~isetonsr Shanahan aoved, seconded by Commissioner Saunders and c~ried ~z~mnimou~ly, to approve ~en~ent No. 1 to profession1 eng~- neerl~ se~ices a~ee~n~ for I~lee Road Utility Project. Page 17 60 June 18, 199i PROFESSIONAL SERVICES AMENDMENT AGREEMXITT WITH MI$SIMER AND A$$OCIA?I$, iNC., FOR DEEP WELL INSECTION SERVICLS - APPROVED Commissioner VoJpe questioned why the engineers who recommended deep well injection are not designing this project and overseeing Its' 'construct ion? Fred Bloetscher, Assistant Utilities Administrator, replied this iia phase of Nilelmer and Associates existing contract He lndl- " cared Boyle Engineering Js comfortab]e w~th MissJmer and doing th~s project because Boyle Engineering is no~ a well design ft~m. He added Boyle Engineering will continue ~o explore ways of d~spos~ng of the concentrate wlthou~ hav~ng to use deep well injec- tion. He said at the Board's direction, one deep well was authorized to be drilled, with Boyle Engineering reporting back regarding what can be permitted and done with the concentrate water to conserve that source. 4 Commissioner Shanaban ~oved, seconded by Commissioner Saunders and carried unanimously, to approve the professional services amendment &~ree~ent with Mlsstasr and Associ&tes, Inc., for deep well Injection~ Page ~SOLUTION 91-462A APPROVING AN AGREEMENT BETWEEN COLLIER COUNTY AND NORTH MAPLES UTILITIES FOR THE ABANDONMENT AND DISMANTLING OF ALL PACKAGE PLANT TREATMENT FACILITIES AND CONNECTION TO THE REGIONAL TRKATM~}[T FACILITIES OF COLLIER COUNTY WATER-SEWeR DISTRICT SYSTEM - Mr. Bloetscher explained this agreement has been compiled for the sbandonment and d~smantling of the package treatment facilities in the North Naples Utilities service area, and connection to the County's ~nal system. He said the agreement details how the transition will take place. He noted $2.3 million has been budgeted for this project and the current price is $1.4 million spread over a period of~ time based on performance and connection of those facilities to the County system. ~: i')CoI~mtssloner Volpe commented the agreement contains a provision that obligates Collier County to pay to the seller $200,000 in the event the County fails to bring the County system to the development wtthtn a certain period of time. He reported his reservations about having a penalty provision placed on the County. Assistant County Attorney Mark Lawson explained if the County - should not provide transmission facilities for both water and sewer, the development would be not be able to obtain a concurrency cer- tillcate, resulting in a de facto moratorium. He said Staff ~scogntzed that, and indicated the County would be willing to reim- burse them for the cost of expanding the existing facilities, however, ~ placed an upper limit of $200,000 on the agreement. He stated the provision is not a penalty, rather, it is an inducement to North Naples Utilities to transition out to the County system. Commissioner Volpe ca/led attention to the right of first refusal contained in Section 9 of the agreement. Mr. Lawson recommended adding to the last sentence of Section 9, the language, "unless prohibited by law," He advised prior to the .~.i County ever declaring the site surplus, the option of repurchasing at '/ ii'.. appraised value will be offered to the successor to the utility. He ~,, OO0 , . lO4 age 19 -~:also,suggested the agreement be further amended to include a standardll ~msverabillt¥ clause. In answer to Commissioner Shanaban, Mr. Lawson responded the County will be obligated to reimburse an aggregate amount not to exceed 8200,000 for both water and sewer. Couleeloner Saunders ~oved, seconded by Coulssioner Shanahah, to adopt Resolution 91-462A approving the A~reement, with the chan~e recommended above, between Collier County and North Naples Utilities for the abandonment and dismantling of all package plant facilities and connect/on to the regional treatment facilities of Collier C~t¥ #ater-Sewer District S~tea. Commissioner Volpe questioned, under this transitional period, who will collect revenues from the customers? Mr. Lawson advised North Naples Utilities will collect revenues until such time as there is customer turnover. call for the question, the motion carried unanimously. Page 20 June ~8, DISCUSSION OF PROPOSED WATKR AND SKWKR RATKS AND ASSOCIATED IMPACT ,~ Mr. Bloetscher stated this item seeks direction from the Board regarding proposed water, sewer and impact fee rates. He reported the.rate study undertaken by Brown and Caldwell included looking ahead 1993 to find out what increases in cost could be expected. ,~' He said 'f' also included are conservation strategies and an inverted rate struc- ,,'('.'.~ . He advised 50~ of the customers in the Count¥'s system use 6,000 gallons or less water per month. He said considering the average usage is 10,000 gallons, that gives an indication there is a sector of the population that uses a large amount of water. He added that impact fees were also looked at to determine whether they should ..~,or:should not be adjusted. Or¥ with Brown and Caldwell explained one of the most critical areas in a rate study is the customer sales forecast. He said his -firm has looked at detailed customer records for the past several and developed a forecast for the next three fiscal years from ~ . that information. He advised with the base growth and acquisitions, [.~)~tha¥ are projecting water customers to grow on an annual compound basis of 12.9~ through FY-93. He noted the sewer system growth rate is.projected at close to 33~, adding the East and South Naples sewer Is · significant factor in that estimate He continued with summary of operating expenses and capital improvements over the next three years. He added a detailed source and use analysis was per- formed, with impact fees identified to be utilized as a funding source. He mentioned that th~rtmary source of funding is from bond .p~o~eeds. He noted although the primary pledge is assessment revenue' · ~there ~s a secondary pledge from utility rate revenue. Commissioner Volpe questioned if the total capital projects costs [:over the next two fiscal years include the cost of acquisition of the Gate Utility? Mr. Ory responded that expenditure of $?.1 Page 21 June 18, 1991, le.inoludsd In the capital costs. "~" Ron Cook, Utilities Finance Director, advised that amount also includes $2.3 million for the North Naples Utilities, however, it does any acquisition from Marco Island or Rookery Bay. #3 ~,.- Mr. Ory continued, stating water and sewer rates last increased .1988;'.:, He said based on the level of capital improvements, the County can expect water rates to increase in FY-92 by 12.6~ and sewer rates by 28.4~. He noted that FY-93 will bring further increases of 9.9~ ~1~.5~ in water and sewer rates respectively. He advised h~s firm is recommending that a meter based rate with an inverted volume charge be instituted. He remarked the current volume rate is flat, which :"Y%means water is charged at the same rate no matter how much is used. He said with an inverted volume charge, after a certain amount, the ~-'-~!.rate is increased. He said this will encourage people to conserve and ~e the rate structure preferred by $FWMD. He reported the recommended threshold of water usage per residential unit le 10,000 ~gallons per month at which point the cost would increase. He said the proposed rates appear high, they are very much in line 'w~th neighboring utilities. 0ry mentioned that impact fees currently being charged for the water system were looked at based on existing capacity and the pro- posed capital improvement plan. He said they are recommending an increase of $560 over the current impact fee of $900, which will allow per day of water capacity per customer and will satisfy the'Comprehensive Plan level of service requirements. He noted there proposed change to the sewer system ~mpact fee in part because of the grant funds the County has received. Reverend Peter Lyberg with Shepherd of the Glades Lutheran Church, ated he is in favor of a change in the rate system. He said his'- church is currently placed in the same category as commercial/office/ utional, which is the highest rate on the list. He said he is June 18, 1991 ,::, :&, .i~ f /~'~avor of rates linked to water usage, but requested that the per 'unit fee be eliminated. He asserted that the County is charging a fee ;)f~r.'convenlence that has nothing to do with usage. He stated his church is paying almost $300 per month for a certain number of facilt- [)i:ttes whether or not they are used. This being a discussion item, no action was required. see l~eceaeed: 1:05 P.M. - Raconvenad: 1:20 P.M. at wh/ch DepuW Clerk Arrtgh! replaced Deputy Clerk RESOLUTION 91-463, AWARDING A CERTIFICATE OF PUBLIC CO~r~NIENCE AND ..I.~.CES$ITY TO MARCO TRANSPORTATIONt INC. - ADOPTED Administrative Service Administrator Ochs informed that this item !,-. is a recommendation to award a Certificate of Public Convenience and. ~%']Necessity to Marco Transportation, Inc. He advised that the Public Advisory Committee (PVAC) recommended approval of the subject: Centsstoner Saunders moved, seconded by Commissioner Hasse, to approve aw~xdiag a Certificate of Public Convenience and Necessity to ~':,'~co Tr~usportatlon, Inc. Ocha Interjected that there are public speakers present. County Attorney Guylet noted that this Item is not an advertised ~i~-'public hearing; however, it is labeled a public hearing and a motion to,close will be necessary. Co.-.iaaloner Goodnight advised that the motion and the second are :., Assistant County Attorney Yovanovtch advised that two findings were necessary for the PVAC to recommend approval of the subject tte~ .-which are that additional public vehicles for services are needed within the County, and secondly, the applicant is willing and able to .'vehicles for hire already In operation: 2. perform public transportation services and to conform with the provi- sions of the ordinance. He clarified the four factors to be con- sidered in determining these findings: 1. the number of motor whether existing transpo~- Page 23 , :.':' tation is adequate to meet the public needs; O~ increased service on local traffic; and 4. the probable effect the character, June 18, 1991 experience, responsibility, and fiscal stability of the applicant. :! In response to Commissioner Shanahah, Mr. Yovanovich affirmed that '-'.the applicant had done a study and presented it to the PVAC as to how -they determined that there is a need for the service that they want to provide. Mr. Yovanovtch noted that the PVAC did not make any specific Attorney Carl, representing the petitioner, informed that the required information was submitted to the PVAC, and at the PVAC .g, the petitioner was instructed to submit with the completed application the proof of purchase and insurance for the vehicles. He' pointed out that at the time of the PVAC hearing the vehicles had not" been purchased. Mr. Carl disclosed in answer to Commissioner Shanahah that a 1987 Ford 25 passenger coach and a 1987 Ford 19 passenger :'~coach have since been purchased. He reported that an office has been! ..., acquired on Marco Island for the operations. He explained that in regards to the criteria of experience of the applicants, two of the three principles are former and present drivers and know this busi- ness. He added that they are responding to the needs of Marco Island which are demonstrated by the letters of recommendation received from major shopping centers, businesses, hotels, organizations, and resi- dents. a tour and does have a set 45 minute scheduled run with a cost of .00 per trip. responding to Commissioner Volpe, Mr. Carl asserted that the He noted that the proposed transportation would not be tied to public transportation. "p~titioners have the intent to expand their service after establishing the proposed service. He detailed that the expanded service would be to Goodland, Isle of Capri, and East Naples. Commissioner Volpe questioned if the proposed plan would fulfill some of the requirements of the Growth Management Plan regarding County Attorney Cuyler affirmed that those .:~-:,":... ~une 18, 1991 ~tstons will be reviewed, but feels that the proposed plan should this requirement. :'.' 'Mr. Carl responded to Commissioner Shanahan's question by :!'i affirming that he does feel that there is a great enough need for the (.t~o transportation services because one is a tour/shuttle service and' 0:' - the other travels a more direct route. Commissioner Volpe commented that since the proposed service is ~nsolicited, he does not feel that there is direct competition with the existing service. -.,...:.:Anthony Gagliarducci, President of Marco Transportation and resi-: "dent of Marco Island, stated that the objective of the proposed ser- ~,~:'"~ 'vice is to provide public transportation to Marco Is/and in (!".~ air-conditioned, soft-seated mini-buses with the intent to expand the service to the aforementioned locations. Patrick Neal, partner in the firm of Lazarus and Neal, stated that 'in opposition to the proposed transportation service, he feels that · 'the public ¢o~venience and necessity criteria have not been met by the ..applicant. He explained that Mr. Lazarus, his partner, will clarify e. In Introducing Mr. Lazarus, Mr. Neal related that he has! '.:over thirty years in the public transportation field. Mr. Neal advised that his firm is representing Marco Island Trolley, the existing service on Marco Island. Mr. Lazarus stated that no evidence of need has been presented to~ by the petitioner. He pointed out that there are no studies or surveys constituting the need for another transportation service on Marco Island. He noted that Ordinance 90-5! which amended Ordinance 86-4 specifies that the findings of need are essential in order to gr&nt a Certificate of Public Oonventence. He alleged that the pro- posed transportation service route by Marco Transportation basically duplicates the existing one with a difference in service of 15 minu- ..tes,. He cited that this duplication As noted in the May 15, 1991, iles Daily News which he provided to the Board. Mr. Lazarus Page 25 ~"~'' reported that although neither service is a demand service, the Marco ~.,:. Is/and Trolley provides a "wave service" which allows a person to · "~ ". wave to the Trolley and it will stop for them. He related that the proposed un~ustlfled transportation service for Marco Island ts an ~!~' unfair action which will result in two unprofitable transportation companies. He commented that the long-range plan of Marco ~Transportatlon should not be considered at this time. In response to Commissioner Shanahan, Mr. Lazarus affirmed that the Chamber of Commerce provided a transportation service on Marco Island which failed, and added that a cab service also failed on Marco ,,Island. .ij,.'Mr. Lazarus confirmed in response to Commissioner Hasse that the · .:'.fare structure for the proposed service is different from the existing one; however, the scheduled operating hours are basically the same · with Marco Island Trolley providing a fuller service because it will te on Sunday. County Attorney Cuyler responded to Commissioner Shanahan that the existing transportation service would also provide credit toward the requirement of the Growth Management Plan. In answer to Commissioner Saunders, Fleet Manager Pucher confirmed ~:j' i;,,," that the petitioner was advised through a motion by the PVAC on May ,,i1991, to purchase the vehicles and provide staff with proof of registration, Mr. Pucher substantiated this statement by reading the f motion from the PVAG, May 22, 1991, minutes. Assistant County Attorney Yovanovich responded to Commissioner Saunders that the applicant was informed at the May 22, 1991, meeting that the Board of Oounty Commissioners will have the final approval i~""before the certificate is issued. Mr. Oarl confirmed that his client · was informed of this fact; however, they were also told that the application would not be presented to the Board unless the vehicles were purchased and insurance secured. Commissioner Saunders remarked that the policy should be changed Page 26 i June 18, 199.l ,;~and.a petitioner should be advised not to purchase a vehicle until t e Board has approved the certificate. Mr. Yovanovich pointed out that in regards to the ordinance requiring a formal survey or study to constitute a findings of need, ' this is not true. He clarified that the ordinance does say that if a :<'formal survey or study is available the applicant needs to provide ~wi~h the application, and added that in the past there have been no formal market surveys required before issuance of a certificate. Mr. Lazarus reiterated that the ordinance does indicate that spe~ cific evidence be presented for a findings of need and suggested tha~ -".- the ordinance has not been properly interpreted. Commissioner Shanahen emphasized that with the growth of the com-~ ~ity it has become important to determine a real need. Co~issioner Saunders moved, seconded by Conissioner Shanahen and c~rrtad unanimously, that the public hearing be closed. Mr. Carl remarked that he has a supportive witness for Marco Transportation who is a teacher and resident of Marco Island. Co~u~issioner Saunders withdrew his ~otion to close the public he~tng and Co~atsstonar Shanahen withdraw hie second. · -~. Thomas Brlscoe, teacher and resident of Marco Island, commented Y "that personally he does find a real need for a better public transporT :-tation service on Marco Island. He indicated that residents would prefer an air conditioned transportation service as well as more direct routes. He understands that the new service will provide buses ?<with bicycle racks which will be a great benefit to bicyclists who ar~ .lyeaught In a rain storm. He noted that it is not fair practice by the County to require an applicant to purchase vehicles before ~ranttng them'the license to proceed with their business. Mr. Lazarus confirmed in response to Commissioner Shanahah that 't~e'proposed transportation service will provide basically a duplicate :se'~Vlcs of what already exists. ;':~/;<CO--lsalonsr Saunders moved° seconded by Co--iesionsr Hesse and ca~rled unmntmou.~¥, thmt the public hearing be clo~ed. C0unt¥ Attorney Cu~e~ ~n~o~med ~a~ ~ Board ~ for making the findings of need. Co~leeloner H~ee ~oved, seconded by Co~lssloner Sanders ~d c~ 4/1 (Co~one~ Sh~ op~ed), to ~w~d a Certificate o~ ~l~c Convenience ~d Necessity ~o Marco Tr~e~rtatlon, Inc., th~re~ a~pttng ~solutlon 91-463. Co=tsstoner Sanders cohented that the record shows that there t~ mufftctmnt need for thm proposed service. Commissionmr Volpe con- ~..~: Co~isstoner Volpe related that the Tr~sportatlon Service ~:'~Department should be Involved with the proposed type of service in ~. order to determine the safest locations for the stops to be made. ..~.~];~, .Co~tsstoner Goodnight reco~ended that the PVAC and staff prepare a criteria for public need for the granting of the sub}ect certificate for the Board's review. ~er Shanahah pointed out that an applicant should be told that financially he must prove the capability to acquire the .required vehicles, but not told to purchase them before the Board~s ~r0val. 133 Page 28 I~ESOLUTION 91-464, JU~NC~ A CERTXFIC&T~ OF P~L~C CO~~C~ ~ ~C~$~ TO P~Z~R T~I ~ LIMO OF SO~H FLORIDA~ INC. - ~KD Co~el~oner Sanders moved, seconded by Copiestoner H~se ~d c~rl~ ~~ly, that the ~bl~c bering ~ cloud. Co~ee~o~r Sanders ~ved, seconded by Co~esloner ~ ~d ~r~ ~~ly, to ~d a certificate of ~l~c Convenience ~d NecelllW to ~elAer T~l ~d Limo of S. Flort~, Inc., there~ ~lng ~eolu~Aon 91-464. June ~8~ 199! Page 29 't'Z.t:eai d~1~3 Suns 18, 1991 R~SOLUTION 91-465 AND ~SOLUTION 91-466, P~gVOKING CERTIFICATZS OF PUBLIC CON~rgNIgNCZ AND NgCESSI~Y FROM WILLIA!~ C. GAPd~ISON D/B/A PI~K!~IER TRANSPORTATION COI~PANY AND WILLIA!~ C. GARRISON D/B/A AIqTHONYt$ LIMOUSINg S~RVICE RgSP~CTIVgLY - ADOPTED Administrative Services Administrator Ochs noted that the proposed resolutions revoking certificates of public convenience and necessity are based on the discontinuation of operations. Com/seloner Saunders ~oved, xcondedby Co~alesioner Shan~h~n and carried unanimously, t~t the ~llc hearing ~ closed. Co~teeloner ~l~derl Bov~, 8econded by Co~teeloner S~~ ~d c~r/ed ~llo~ly, to revoke Certificates of ~bllc Convenience ~d Xece~l~ from Wllll~ C. Garrt8on D/B/A Premier Tr~s~rtatlon Co~F ~d Wllllu C. Garrlson D/B/A ~thony'8 LI~I~ Se~lce, there~i~ptl~h~lutton 91-465 ~d Resolution 91-466 ree~ctlvely. Page 30 18, 1991 19.E~OLUTlON 91-467 AND I~$OLUTION 91-468, REVOKIN0 CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY FROM FLORIDA PI~ESCHOOLS, INC. D/B/A YELLOW CAB OF NAPLES, INC.; D/B/A COURTESY CAB CO.; D/B/A CLASSY TAXI; AND GULFCOAST LIMOUSINE SERVICE IN THEIR ENTII~ETY AND ~EISSUE A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY TO FLORIDA PRESCHOOLS, INC. ENTITY D/B/A YELLOW CAB OF NAPLES, INC. RESPECTIVELY - ADOPTED Administrative Services Administrator Ochs advised that the pro- posed resolutions are an attempt to consolidate under one name. Contseloner Saunders moved, seconded by Commissioner Shanaban and carried unanimously, that the public hearing be closed. Conissioner Saunders moved, seconded b~ Co~miseloner Shanahan and carried unanimously, to revoke all certificates of Public Convenience ~nd Necessity awarded to Florida Preschools, Inc. in their entirety and rs~s~ue a Certificate of Public Convenience and Necessity to Florida Preschools, Inc. D/B/A Yello~ Cab of Naples Inc., thereby adopting Re~olutlon 91-467 ~nd Re~olutton 91-468 rewpectively. ~ ~'.~ - 3't~ne FAZTHFUL P~tFOR~t~CK BOND OF ABRAHAI~/ fiK~I~NER, PROPERTY APPRAISER - c~ed u.n~m~mou~.¥, to approve the F&l~hful Perfor~&nce Bond of .:'.'.'i Abrah~a Skinner, Property Appr&~eer. Adm~n~strative Services Administrator Ochs advised that the term .. of.the proposed bond w~ll be ffrom Ju~y ! 1991, through January 4, Commissioner hundots ~ved, oeconded by ConXo~oner Bh~rmh~n ~nd Page 32 WATER.AND $~q4~R RATES, TWO FINAL BU.DG~T$, AND A ZoN~IN~ R~VALUATION After discussion between the Board and Assistant to the County ~mnager 011tff, At was decided to schedule the Pelican Bay I~q~rovement District B~dget heaxing in Pelican Bay on September 11, 1991, at 6:30 P.M.; the water and sewer rate hemming on August 14, 1991, at 2:00 P.M.; the fin&! budget hea~tngs on September 4 and 18, 5:05 P.M.; and the zoning teevaluation hearing on September at 6:30 P.M. BID FOR THE INSTALLATION OF AN EMERG~CY G~NERATOR FOR THX PELICAN BAY SEI~VZCE$ DIVISION AWARDED TO BENTLEY ELECTRIC IN TH~ AMOUNT OF ~128~852 Pelican Bay Division Administrator Ward informed that the low ~ bidder for an emergency generator for the Pelican Bay Services '~" Division is Bentley Electric in the amount of $128,8.52.00 which would be funded by Fund 450. He affirmed to Commissioner Volpe that this Item was budgeted for in the 1991 budget. ~j.~ , In answer to Commissioner Hesse, Mr. Ward indicated that the ~%'~<' current generator is not of sufficient size to meet the operations of ' · the community. Co~tsslone~ Sa~ers moved, seconded by Co~lssloner S~ ~d c~rried unanimously, to award the bid for the tnstall&tlon of an emergency generator for the Pelican Bay Services Division to Bentley Electric in the a~ount of 8128,852. Ztem #10A ORDZii&NCE 91-48, EN]~RGKNCY ORDINANCE AMENDING ORDINANCE NO. 91-26 ~l~ ~ST~IS~D ~ COLLIER CO~ ~IRO~~ ~LICY TEC~IC~ ~~ ~ BY INCHING T~ ~E~HIP TO EL~ ~~ - Commiestoner Saunders moved, eeconded by Commissioner Shanahen and carried un~, ~ly, to waive the notice of Intent in order to consider an emergency ordinance. County Attorney Guylet clarified the need for the proposed Page 33 · ~ . 3une '18, 1991 .':emergency ordinance is because the Board will be going on vacation and the.. Environmental Policy Technical Advisory Board needs to be put into effect He explained that the one amendment involves increasing the "membership of this board to eleven. He pointed out that it has been recommended that in Section Five regarding Meetings; Quorum; Rules of :-:/.! Procedure, the addition be made to the meeting schedule of the 2nd Wednesday of each month with the words, "or as otherwise determined by ]~PTAB" . Co~mtemloner ~undere moved, ~econded by Commissioner Shanatmn ~nd carried unanimously, that the public hearing be closed. Co~-leetoner Saunders moved, seconded by Couisstoner Sh~nah~n and carried unanilou~l¥, that the Ordinance as numbered ~nd titled belo~ be adopted with the additional language in Section Five allowing the ~eeting to be heard as scheduled or as otherwise dete~ined by the KPTAB, and entered into Ordinance Book No. 44: ORDINANCE NO. 91-48 AN EMERGENCY ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 91-26 ESTABLISHING THE COLLIER COUNTY ENVIRONMENTAL POLICY TECHNICAL ADVISORY BOARD BY AMENDING SECTION THREE TO INCREASE THE NUMBER OF MEMBERS FROM NINE TO ELEVEN MEMBERS; REVISING SECTION FIVE WHICH ESTABLISHES THE NUMBER OF MEMBERS FOR A QUORUM; DECLARING AN EMERGENCY; PROVIDING FOR CONFLICT AND SEVERABILITY AND PROVIDING AN EFFECTIVE DATE. $~TJ~ BZ~ S. 250 - ~DOP?~D County Attorney Cuyler pointed out that Senate Bill S. 250 would ::~-?. mandate the County to implement and fund voter registration proce- 'i: dures; however, the alternative Senate Bill S. 921, which is recom- mended with the adoption of the proposed resolution, a/lows !:~!mplementation on a voluntary baste for voter registration enhancement activities. =':-"! :: . 0ow~tlatoner Smundere moved, seconded by Commissioner Shanahah and *. :: . carrte~ unanimously, to mpprove ~upport of Senate Bill S. 921, The .: .: imttonal Voter Registration ]~d~ancement Act of 1991, thereby adopting ::::":i' ::/::ae.olutton 91- 9. []O[)P~[ i57 Page 34 3une 18, 1991 BUDGET J~!gWDI~ITS 91-210: 9!-2!?/218; AND 91-220/228 - ADOPTED Coutsatoner Shanaham moved, seconded b~ Commissioner Haa~e and carried un~nt~ou~l¥, that Budget A~end~ents 91-210; 91-217/218; and · 91-220/228 t~e adopted. .lt®a:#12A* TZPPZNG FKKS MAZV~D FOR THE ZI,~IOKALKK NEZGHBORHOOD $NRVZCK$ AT Z~O~ALKK LA~DF!L~ FOR KXCK$$ ~DK~AL FOOD $UPPLZK$ Commissioner Goodnight requested that the tipping fees be waived for the Xmmokalee Neighborhood Services. Commissioner Shanahah moved, seconded by Conlssioner Volpe tad carr/ed unanimously, that the t/pping fees be waived for the l~okalee Ns/ghborhood Services at the Znoka/ee Landfill for excess federal Commissioner Saunders reported that the Citizens Cost Reduction : CommAtree has been reviewing the fleld purchase order situation and have made recommendations. He made a point of noting that the Commission and staff have been reviewing this issue prior to the article in the Naples Daily News. *Commissioner Goodnight read from the minutes of August 22, 1990, which discloses that a year ago the purchasing policies were also eva- justed. County Manager Dorrill pointed out some of the errors made in the aforementioned newspaper article which he also noted to the Naples Daily News. He reported that the newspaper will consider including a correct/on if it can be proven that they are in error. *'¥' i'~:<r/['Coll~tsstoner Saunders recommended that there be a followup with the Nap/es Daily News. ... County Manager Dorrtll commented that there will be a comprehen- 'siva report presented at the next Board of County Commissioners meeting respondln~ to the newspapers allocations. Pag~ 35 June 18, 199! R,~,SO~UTZO~ 91-470, SUPPOR~Z~G TH~ ~OC&~Z0~ O~ FT,ORZD&~$ T*gNTH UII*I*V"gI~ZTY I~ CO~ZER COUNTY - ADO?~gD Commissioner Saunders suggested amending the proposed resolution to add that the Board of County Commissioners will provide technical support in the location of a university in Collier County and consider fir~an¢i&l assistance toward that end. He added that it should also be indicated in the resolution that there have been offers of land by private citizens of the County for the university. Co~ateetoner Shanahen moved, ~econded by Commissioner Saunders and carried unani~ou~ly, to support the location of FlorIda's tenth uni- versity in Collier County, thereby &dopt~ng Resolution 91-470, ~ubJect to the addition of the a~ended language proposed. Page 36 June 18, 1991 ~ARD QF COVRTY C0~Z$$ZONERS' C0MMURZCATZON8 Commissioner Goodnight noted that she has received a letter Indi- cating that the County has received eleven NACO achievement awards Item #16 *** Contastoner Shmnahan moved, ~conded ~d carried ~i~ly, that the foll~tng cogent agenda ~ approved ~d/or ~opted: ~L~ION 91-455, FI~ ACCE~CE OF RO~AY, D~I~GE, Zte" ~2'A2 See Page ~ ACCEPTANCE OF SUPPLEMENTAL CONSTRUCTION AND MAINTENANCE AGREEMENT FOR OFF-SITE DRAINAGE IMPROVEMENTS ASSOCIATED WITH #TOLr. GATE C09~ERCIAL CENTEH~ PHASE II" /7/-/7? :',i Item #16A3 P~SOLUTION 91-456, PP~ELIMINARY &CCKPTANCK OF THE RO&DWAY, DRAINAGE, WATER, A~D S~ER IMPROVEMENTS FOR THE FINAL PLAT OF "MONTEREY UNIT FIVe" - WITH STIPULATIONS 1. Accept the Escrow Agreement (posted with the Clerk) as security for maintenance of the infrastructure until the Board of County Commissioners grants final acceptance of all improvements. 2. Preliminary acceptance of improvements will not become effec- tive until water and sewer facilities have been conveyed to Collier County Water-Sewer District. See Page /~) ~.~*ACCEPTANCE OF MATER &ND SEWER FACILITIES FOR VILLAGES OF MONTERKT UNIT i.: V - NIT~ STIPUL&TIONS The water and sewer facilities to serve the project cannot be placed into service and no Certificate of Occupancy shall be issued until the Florida Department of Environmental Regulation furnishes a letter authorizing the placement of these systems into service. Bacteriological testing has met the County's requirements. The Fire Flow requirements of the project have been satisfied, and the Fire District furnishes a letter accepting the fire hydrant for ownership and maintenance. Page 37 ,- 3une 18, :1991 oR Book /& 3 / Pages Item #16A5 ACCEPTANCE OF MATER FACILITIES FOR LONE OAK COMMERCIAL - WITH STIPULATIONS The water facilities to serve the project cannot be placed Into service and no Certificate of Occupancy shall be Issued untll the Florida Department of Environmental Regulation fur- nishes a letter authorizing the placement of the sewer system into service and approving the water distribution system for service. 2. Bacteriological testing has met the County's requirements. 3. The Fire Flow requirements of the project have been satisfied, and the Fire District furnishes a letter accepting the fire hydrant for ownership and maintenance. OR Book /~.~/ Pages ~,:~- 63~ Item#16A6 PI%~LIMINARY WORE AUTHORIZATION FOR SHAMROCK COUNT1TY CLUB PUP - WITH STIPULATIONS No building permits can be approved by the Development Services Department within any phase of the Shamrock Country Club PUD prior to final subdivision construction document and plat approval and recordation, unless an amendment to this agreement is approved. The Shamrock country Club golf course cannot be placed in service or certificates of occupancy issued within any phase of the Shamrock Country Club PUD until all of the required subdivision infrastructure, on-site and off-site, is completed, inspected and accepted by the Development Services Department and preliminary acceptance, as required by Collier County Ordinances 76-06, as amended, and 88-76, as amended, is granted by the Board of County Commissioners. See Pages Item ,16A7a RESOLUTION 91-457, PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE RE LOT 20, BLOCK 66, MARCO BEECH, UNIT NO. TWO, OWNERS OF RECORD DIETER AND CHRISTINE SONDEREGGER Item ,16A?b See Pages RESOLUTION 91-458, PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE RE LOT 4, BLOCK 3??, MARCO BEACH, UNIT TWKLVK, OWNERS OF RECORD HEINZ MEISINGER AND ~Rf~_~_~RT MEI$INGKR Item See Pages RESOLUTION 91-459, PROVIDING FOR ASSKSSMENT OF LIKN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE RE THK EAST HALF OF LOT 12, BLOCK 5, CARSON'S SUBDIVISION, OWNERS OF RECORD LINDA HUBBERT, KATHY HIGDON, Pm~e 38 ~ne 38, 't991 JI~Y SULLIVAN, KNNN~TR RAY HOAGLAND, TIMOTHY IRVIN HOAGLAND, AND Ite~ #16A7d See Pages RESOLUTION 9~-460, PROVIDING FOR ASSESSMENT OF LIEN, FOR TH~ COST OF THE ABATEMENT OF P~BLIC NUISANCE RE LOT 45, BLOCK 63, GOLDEN GATE, UNIT TWO, .PART 2, ..OWNERS OF .RECORD. STEPHEN SCRAFFORD Item ,16B1 RENENAL OF FOUR ANNUAL LAND SURVEYINa SERVICES CONTRACTS PER RFP 89-1466, TO AUNOLI, BARBER & BRUNDAGE; ANCHOR ENGINEERING/AMERICAN ENGINEERING; COASTAL ENGINEERING CONSULTANTS= AND WILSON, MILLER, BARTON & PEE~ .ee Pages ./qd- ".:~ It~R ,16C! Moved to 9C! ~:~:.: Item ~16C2 ",' ~ING TO ~ ~~ ~LKS GI~S LILLE L~G~ ~ ~ DIS~IO~ CO~CT A~ P~O~ - IN ~ ~0~ OF $500 Item ~16C3 RENEWAL OF AGREEMENT WITH SOUTHWEST FLORIDA CENTER FOR INDEPENDENT LIVING, ...INC. FOR GROUP RESPITE CARE IN THE ESTIMATED AROUNT OF $12a780 See Pages /~'* ~0~ , Item ~16C4 RENEWAL OF AGREEMENT WITH DORIS ROZYCKI, A.R.N.P., TO PROVIDE NURSING SERVICES FOR THE PERIOD JULY 1, 1991 THROUGH JUNE° 1992, UNDER THE COMMUNITY CARE FOR THE ELDERLY PROGRAM See Pages : Ite~ ~16C5 - Continued #16C6 - Continued · 16D1 - Moved to 9D4 ,16D2'- Deleted - Moved to 9D5 QUAIL W~ST WATER AND SEWER FACILITIES AGREEMENTS WITH NORTH NAPLES UTILITIES, INC. AND QUAIL WESTa INC. See Pages A O'~' -- c~/o~ Item ,16E1 ' -~ "*- ' EF2tMINATION OF THE SUFFICIEN.CY 9F .BONDS OF COUNTY OFFICE~. Page 39 X~el #15G1 JL%ne 18, 1991 BID ~91-1694 FOR A 16 YARD SELF-LOADING SCRAPER TO KELLY TRACTOR OF FORT NFERS I~ THE AMOUNT OF $216,602.54 Item ,16G2 A~PLICATIO~ FOR PART ONE OX rag FOoaTH FEA~ SOLID ~AS~ ~C~CLI~e AND ~D~CATION (~+NT WITH DER Item #16H1 See Pages FORMAL COMP~TITIVE BID PROCESS WAIVED: PURCHASE OF ADVERTISING OF TH~ W~EELY COUNTY COMMISSIONEP.~' AGENDA WITH THE NAPLES DAILY NEWS FOR REMAINDER OF TH~ 1990-91 FISCAL YEAR Item ~16H2 EASEMENT A~R~EM~NT FOR THE ACQUISITION OF AN EASEMENT LYING WITHIN PARCEL S10-48 FOR THE PINE RIDGE INDUSTRIAL PARK MUNICIPAL SERVICES TAXING AND BE1TEFIT UNIT (SPECIAL ASSESSMENT DISTRICT} See Pages (~ .~ -- ~& Item ~16H3 EASEMENT AGREEMENT FOR THE ACQUISITION 0FAN EASEMENT LYING WITHIN PARCEL Tl-12 FOR TH~ PINE RIDGE INDUSTRIAL PARE MUNICIPAL SENVICES TAXING AND BENEFIT UNIT (SPECIAL ASSESSMENT DISTRICT} See Pages - AT- 450 Item #16H4 STAFF TO PURSUE OBTAINING P~I~ITS TO SUBMIT TO THE STAT~ DNR FOR ENTERING INTO A CONTRACT FOR GR&NT MONIES TO CONSTRUCT TH~ DUNE CROSSOVE~S AND OTHER R~LATED SITE IMPROVEMENTS AT BAIZEFOOT BEACH PA~K AND VANDERBILT BEACH ACCESS See Pages Item #16J1 /.'~ CERTIFICATES FOR CORR~CTION TO THE TAX ROLLS AS PRESENTED BY THE · -~...~. ] ,- i::,i' ,K~ GAIN TIN~ FOR I~MAT~ NOS. 16922 AND 70581 .~'~.?..-:~ .- : ~' xtel ,16J4 TANGIBLE PERSONAL PROPERTY 1990 Dated 5/31 and 6/5/91 SATISFACTION OF LIEN FOR SENVICES OF THE PUBLIC DEFENDER See Pages ~' & 166 Page 40 June 18, 1991 ~M!SG'I~DA~EOUS CORRESPONDENCE - FILED AND/OR REFERRED The following miscellaneous correspondence was filed and/or referred to the various departments as indicated below: 2. Letter dated 5/30/91 to BCC from Jon M. Iglehart, Letter dated 5/22/91 to Property Owners from Ann Walker, Planner II, City of Naples, advising of Public Hearing. Nell Dotrill, Frank Brutt and filed. XC: Environmental Specialist, Department of Environmental Regulation, re: Application for dredge and fill, #111972705. xc: Nell Dotrill, Fred Bloetscher and ff]ed. Letter dated 5/17/91 to BCC from Golden Gate Parkway Beautlflcatlon re Parade held on Parkways having Improved landscaped medians. xc: filed. Letter dated 5/21/91 to Clerk to the Board, from Scott W. McGaughey, Vice President, McGaughey Buses, Inc., (MBI), re enforcement of ordinances relative to other bus companies and requesting a refund for various permits. xc: Filed. Minutes Received and Filed: A. Collier County Library Advisory Board Report of 4/25/91. B. Golden Gate Fire Control & Rescue District agenda of 5/~2/9~. C. YMCA of Co]lief County - Golden Gate YMCA Development Committee minutes of 5/6/91. Notice to Owner dated 6/4/91 to BCC from Action Bolt & Tool Co., advising that they have furnished fastnets, tools and other related materials for the Collier County Library, under an order given by Voyager Construction Co. xc: Neil Dorrlll, Steve Carnell, 3ohn Yonkosky and filed. Notice to Owner dated 6/3/91 to BCC from Ferguson Enterprises, Inc., advising that they have furnished pipe, valves, and fittings for use in the construction of water and/or wastewater systems for the Immokalee Community Park, under an order given by Dayton Enterprises, Inc. xc: Nell Dotrill, Steve Camell, John ¥onkosky and filed. Notice to Owner dated 5/24/91 to BCC from H. K. Service Corporation, advising that they have furnished concrete pumping services for the Community Center, under an order given by Jim Dean Masonry. xc: Nell Dotrill, Steve Carne]l, John Yonkosky and filed. Application for amendment of Certificates Nos. 462-W and 398-S by North Naples Utilities, Inc. (Quail West II), before the Public Service Commission. xc: Nell Dotrill, Harry Huber and filed. Notice from Bureau of the Census re change of address. xo: Tom McDaniel and filed. Page 41 June 18, 1991 SATISFACTION OF LIEN RE NUISANCE ABATEMENT, CHARLES C. ALLEN, JR. AND 'MARG~RET M. .ALLENI LOT 2~ BLOCK 10~ NAPLES MANOR ANNEX See Pao~ ~.~ 7 SATISFACTION OF LIEN RE NUISANCE ABATEMENT, DIMARCO AND DIMARCO, INC., LOT 12~ BLOCK 228~ MARCO BEACH UNIT NO. SIX SATISFACTION OF LIEN RE NUISANCE ABATEMENT, MICHAIL ANGELOFF AND ELEAN0.R~..ANGELOFF,. LOT 4~ BLOCK 341 NAPLES PARK, UNIT 3 See Page ~~ SATISFACTION OF LIEN RE NUISANCE ABATEMENT, CARL S. LOHMANN, SR., LOT ~0, ]~_~.0_C_K_7_~89_, 0F___A ._R.E_R~.A_.T_ PORTIO__N__O_F__M.A..R.~9 _B_E_A~.C.~...UNIT T%4ENTY-i_F=.I._V.E' See Page ~O SATISFACTION OF LIEN RE NUISANCE ABATEMENT, WILLIAM H. BERNER, LOT 19, BLOCE 362 OF MARCO BEACH UNIT ELEVEN See Page ~&/... SATISFACTION OF LIEN RE NUISANCE ABATEMENT, RAMESH MAHARAJ, LOT 21, BLOCK 97 OF MARCO BEACH UNIT THREE See Page. ...... ~~ ......... SATISFACTION OF LIEN RE NUISANCE ABATEMENT, MARCO MEDIA ENTERPRISES, A PENNS%~VANIA GENERAL PARTNERSHIP, LOT 2, BLOCK 362, MARCO BEACH UNIT See Page SATISFACTION OF LIEN RE NUISANCE ABATEMENT, CELESTE CARLESIMO AND MERI CARLE$IMOm LOT 6~ BLOCK 145, GOLDEN GATE .UNIT 4 ........ See Page .. SATISFACTION 0F LIEN RE NUISANCE ABATEMENT, CELESTE CARLESIMO AND MERI CAR~S~O. ~ ONORIO CARLESIMO~ LOT 6, BLOCK 14§~ GOLDEN GATE UNIT 4 See Page 168 Page 42 3une 1,9, 1991 There being no further business for the. Good of the County° the ~-meeting was adjourned by Order of the Chair - Time: 2:50 P.M. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL PATRICIA ANNE GOODNIGHT,%~HAIRMAN s. apj~oved by the Board on as presented' or as corrected Page 43