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BCC Minutes 01/15/1991 R Naples, Florida, January 15, 1991 LET IT BE REMEMBERED, that the Board of County Commissioners in and for the County of Collier, and also acting as the Board of Zoning Appeals and as the governing board(s) of such special districts as have been created according to law and having conducted business herein, met on this date at 9:00 A.M. in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Anne Goodnight VICE-CHAIRMAN: Michael 3. Volpe Richard S. Shanahan Max A. Hasse, Jr. Burr L. Saunders ALSO PRESENT: 3ames C. Giles, Clerk; 3ohn Yonkosky, Finance Director; Ellie Hoffman and Annette Guevin, Deputy Clerks; Nell Dotrill, County Manager; Ron McLemore, Assistant County Manager; Ken Cuyler, County Attorney; Ramiro Manalich, Assistant County Attorney; William Lorenz, Environmental Services Administrator; William Lavetry, Growth Management Planner; Robert Blanchard, Growth Planning Director; Barbara Cacchione, Project Planner; George Archibald, Transportation Administrator; Frank Brutt, Community Development Services Administrator; Mike Arnold, Utilities Administrator; Fred Bloetscher, Assistant Utilities Administrator; Bryan Milk and Ron Nino, Planners; Sue Ftlson, Administrative Assistant to the Board; and Deputy Byron Tomltnson, Shertff's Office. Page January 15, 1991 AGENDA AND CONSENT AGENDA - APPROVED WITH CHANGES Contssloner Shanahan moved, seconded by Commissioner Volpe and carried unanimously, that the agenda and consent agenda be approved with the following changes: 1. Item #5C - Proclamation designating January 13th through 19th as "Jaycee Week" - Added (Requested by the Commission). 2 0 Item #9H3 - Vehicles and Equipment for FY 90-91 - Added. (Requested by Staff). Item #9A2 - Recommendation to achieve the security for a por- tion of "Edgemere Way in Wyndemere", located in Section 18, Township 49 South, Range 26 East - Added. (Requested by Staff). Item #14E1 moved to Item #9E1 - Recommendation to approve and execute a tower lease agreement between Collier County, a Political Subdivision of the State of Florida (Lessee), and Palmer Broadcasting Partnership (Lessor) - (Requested by Commissioner Hasse). 5 0 Item #6B1 - Petition No. R-90-23, George L. Varnadoe of Young, Van Assenderp, Varnadoe & Benton, P.A., representing OFC of Naples, Inc., requesting a rezone from A-2MH to GC for a golf course and accessory uses for property located 1 miles south of Immokalee Road containing 551.97 acres - Continued to January 29th meeting. (Requested by the Petitioner). Item #14A3- Recommendation to approve the final plat of "Paradise Pointe R.V. Resort, Phase One" - Continued to January 22, 1993. (Requested by the Petitioner). Item #6Cl - Public Hearing to consider adoption of an ordi- nance amending Ordinance No. 81-94, as amended for the Pine Ridge Industrial Park Municipal Service Taxing and Benefit Unit - Withdrawn. (Requested by Staff to be readvertised) . 8 0 Commissioner Volpe requested a realignment of future agendas as follows: Consent Agenda and the Clerk's Report to appear at the beginning of the agenda, prior to the advertised public hearings; and that an item be added to allow for com- ments by the Commissioners. Item #4 MINUTES OF NOVEMBER 13, 1990 BCC SPECIAL MEETING AND WORKSHOP OF NOVEMBER 14f 1990 - APPROVED AS PRESENTED Commissioner Shanahah moved, seconded by Commissioner Hasse and carried unanimously, that the minutes of the November 13, 1990 Special Meeting and the Workshop of November 14, 1990, be approved as pre- sented. EMPLOYEE SERVICE AWARDS - PRESENTED ~ OOOPAG[ 07 Page 2 January 15, 1991 Commissioner Volpe presented service awards to the following employees: John Abbott, 5 years - Road and Bridge, District 1 Richard Clark, 5 years - Community Development/Compliance Services James Hatcher, 5 years - Pollution Control Item PROCLAMATION DESIGNATING JANUARY 19, 1991 THROUGH JANUARY 27, 1991 AS THE REVEREND DOCTOR MARTIN LUTHER KING~ JR. WEEK - ADOPTED Upon reading of the proclamation by Commissioner Goodnight, ComicsiGner Shanahah moved, seconded by Commissioner Saunders and carried unanimously, that the Proclamation designating January 19, 1991 through January 27, 1991 as the Reverend Doctor Martin Luther King, Jr. Week be adopted. Mr. Gerald McKenzie accepted the proclamation. He stated that today is Doctor King's birthday and noted that it saddens him to see the world in a state where there will be great harm done to mankind. He related that there is a chance for peace, and thanked the Commission for the proclamation. Page 3 January 15, 1991 Item #50 PROCLAMATION DESIONATINO JANUARY 13TH THROUGH JANUARY 19TH AS "JAYCEE WEEK" - ADOPTED Upon reading of the proclamation Commissioner Saunders moved, seconded by Oommissioner Volpe and carried unanimously, that the Procl&m~mtion designating January 13th through January 19th as "Jaycee Mr. David Jansen accepted the proclamation. ].0 Page 4 January 15, 1991 Item #6C2 FILING OF APPLICATION TO DCA FOR A COMMUNITY DEVELOPMENT BLOCK GRANT FOR ECONOMIC DEVELOPMENT - APPROVED IN THE AMOUNT OF $650,000 Legal notice having been published in the Naples Daily News on January 9, 199i, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to provide citizens an oppor- tunity to comment on the filing of an application to the Florida Department of Community Affairs for a grant under the Economic Development category in the amount of $650,000 under the Small Cities Community Development Block Grant Program. Community Development Services Administrator Brutt explained that under the regulations of the Florida Department of Community Affairs (DCA), the public is to have an opportunity to comment on an applica- tion which staff is proposing to forward to DCA regarding a Community Development Block Grant Application for Economic Development. Mr. Brutt stated that two industries have expressed their interests to locate at the Immokalee Ai_rport Industrial area: Polymer Research and Armstrong Truck and Parts Corporation. Mr. Brutt divulged that Polymer Research deals with agricultural film and plastics and if the block grant application moves forward, they would receive a loan of $300,000 and Armstrong Truck would receive approximately $330,000. He noted that this money is a loan and when the money is paid back, Collier County will have the benefit of an estimated return of $1.2 million which may be used for further industrial development. Mr. Brutt stated that staff is recommending that the Commission approve the filing of the application for the $650,000. Ms. Beth Rice, representing the Economic Development Council (EDC) , stated that the use of the airport facility as a business sti- mulation for the Immokalee Airport is a key objective of EDC and they recommend the Commission's favorable consideration of same. There were no other speakers. Co~mieeloner Shanahen moved, seconded by Commissioner Saunders and Page 5 $&nuar¥ 15, 1991 c~le~ ~nantmous2¥, to close the public hesrlng. Couissioner Sh~n~han moved, ~econ~e~ by Co~loner H~e ~d c~ie~ ~i~ou~ly, to approve the ~il~ng o~ ~ application ~or a Co~i~ Development Block ~ in ~he ~o~t o~ ~6~0,000 ~e~ the · co~tc ~1op~en~ P~og~. Item ~?A2 PETITION A-gO-7, P~ S. ~C'KIE, REPRESE~IN~ O'SHEAS RESTA~, ~Q~STIN~ ADMINIST~TI~ APPEAL OF THE PLA~ING/ZONIN~ DIRECTOR'S DECISION ~T WO~D ALLOW THE DEVELOPER OF FACTORY BAY ~RINA TO ~END ITS SITE D~LO~ PLAN TO MEET THE DEFINITION OF A "SBOPPIN~ CE~R" - CO~ ATTO~Y TO RETAIN LAND USE ATTORNEY ~ PRESENT FI~IN~S TO THE BCC ON 1/29/gl Commissioner Saunders stated ~hat this ~s a d~fficu~t situation ~n which two part/es a~e at odds. He indicated that he has a great deal of confidence in Staff. He remarked that there is a great deal of pass/on on both sides of the issue, noting that one of the parties has constructed a facility and desires to operate same~ and the other party has a facility next doo~ and ~s conce=ned about the impact of the ~ssue of that ongoing business. Co~issioner Saunders advised that he feels that there should be an independent analys~s of exactly what transpired, noting that this is not a ref~ection on staff, but he believes that an independent review with recommendations should be provided to the Commission. He no~ed that the purpose of this is to avoid the ag~earance of any im~roprlety on anyone's part. He suggested that consideration be given to retaining a land use attorney, totally independent of these issues to look at the staff reports and go through an entire analysis of what happened from day one on this project. Commissioner Volpe expressed that th~s ~ssue Is important to the people involved but noted that he does not attach any greater signif~- cance to this particular item ~han ~o the very important items that the Co~isslon deals with on an ongoing basis. He re~ated tha~ he has heard no evidence ~o suggest that th~s issue is of such magnitude that independent counsel should be retained. He suggested that perhaps th~s matter could be referred to a hearing officer who wou~d hear and / 000 PA~£ ~,-3 Page January 15, 1991 report the results of his findings. Commissioner Shanahen stated that he shares Commissioner Saunders' concern that all the facts are presented. He affirmed that he believes that staff Js capable of presenting the facts and noted that he is prepared to hear this item today. County Attorney Cuyler disclosed that he was prepared to go for- ward today, but there has been a request to continue this item since a key staff member is not present. He indicated that he feels that it would be in everyone's best interest to have this issue reviewed in advance rather than having a hearing and then talking about it. Commissioner Goodnight questioned the amount of time that would be required for an independent land use attorney to review the records, to which County Attorney Cuyler replied that he believes that this could be accomplished in two weeks. Commissioner Volpe stated that he has complete confidence in the County Attorney's office conducting this review. He related that he feels that this matter should be conducted in public form and if suggestions are to be made, they should be put on record. Commissioner Saunders explained that this is a unique situation and this is an issue that could result in substantial liability on the part of the County. In addition, he remarked that he feels that this could also result in substantial criticism of the County Commission if caution is not taken. Commissioner Saunders moved, seconded by Commissioner Shanahen, to direct the County Attorney to retain the services of a land use attorney, who is familiar with Collier County procedures, but is not affiliated with either of the law firms involved or the parties that are involvmd, and have that person review the facts and make some recommendations and findings to the County Commission for con- sXdermtion to be heard on January 29, 1991. In answer to Commissioner Goodnight, Commissioner Saunders stated that he would llke to see the independent attorney provide a written report and that this be distributed to the parties in advance so that Page ? 3anuary 15, 1991 they have the opportunity to review and comment on same. Commissioner Hasse mentioned that he feels that County Attorney Cuyler has a very competent staff who is quite capable of arriving at a solution to this problem. Upon call for the question, the motion carried 3/2 (Commissioners Volpe and Hesse opposed). Commissioner Saunders moved, seconded by Commissioner Shanahen and carried unanimously, that Petitions A-90-? and A-90-4 be heard on Jan%xary 29, 1991. Item eTA2 PETITION A-90-4, GEORGE L. VARNADOE, REPRESENTING CYPRESS LANDING CORPORATION, REQUESTING APPEAL OF THE PLANNING/ZONING DIRECTOR'S DEOISION TO WITHI~OLD CERTIFIOATE OF OCCUPANCY FOR CYPRESS LANDING A/K/A FACTORY BAY MARINA (SD89-80) UNTIL ADDITIONAL PARKING IS PROVIDED - COUNTY ATTORNEY TO RETAIN LAND USE ATTORNEY TO REVIEW AND PRESENT FINDINGS AND RECOMMENDATION TO THE BCC ON 1/29/91 This item was discussed in conjunction with Item #7A1, Petition A-90-? above. Colissioner Saunders moved, seconded by Commissioner Shanaban, to direct the County Attorney to retain the services of a land use attorney, who is familiar with Collier County procedures, but is not affiliated with either of the law firms involved or the parties that are involved, and have that person review the facts and make some reco~endations and findings to the County Commission for con- sideration to be heard on January 29, 1991. Upon call for the question, the motion carried 3/2 (Commissioners Volpe and Haeee opposed). Item e9A1 REQUEST FOR DIRECTION FROM THE BCC RE STATUS OF IMPROVED PROPERTIES UNDER THE COUNTY'S GROWTH MANAGEMENT PLAN AND ESTABLISHING POLICIES FOR THEIR REDEVELOPMENT - STAFF RECOMMENDATIONS APPROVED WITH MODIIICATIONS Growth Planning Director Blanchard requested direction from the Commission with respect to the manner by which the Growth Management Plan will deal with improved properties that are zoned and developed Inconsistent to the Plan when that improved status is changed through voluntary redevelopment or through a natural disaster of some type. Page January 15, 1991 Mr. Blanchard revealed that on November 13, 1990, the Commission originally heard this issue. He reported that today's package inclu- des a copy of the original executive summary, referenced as Attachment "B". He noted that the CCPC heard this issue on January 3, 1991, and pointed out that Attachment "A" reflects Staff's report to the CCPC. Mr. Blanchard stated that on January 3, 1991, the CCPC voted 6/0 to recommend that the Board of County Commissioners vest the zoning on all improved property and vest it permanently. In answer to Commissioner Saunders, Mr. Blanchard disclosed that some of the high-rises along the coastal area are developed incon- sistent with the Density Rating System in the Growth ManaGement Plan, and should an event occur where they are destroyed, they would be severely restricted under the Plan with regard to the density that would be permitted for redevelopment. Mr. Blanchard commented that the Growth ManaGement Plan represents what Collier County wants to see in the future, but noted that redeve- lopment is not addressed in the Plan. He pointed out that unless clear direction is provided, he believes that the Plan should be followed. 0ommissloner Shanahan stated that he has concerns with regard to not providing redevelopment rights and suggested that there be some measure to allow some redevelopment that is closely consistent with the Plan and what the County's vision really is. Commissioner Volpe suggested that an alternative to redeveloping consistent with the Plan, may be to develop a system which would vest the particular use. He related that if a property is currently zoned C-5, and as a part of the County's Unified Land Regulation, there could be a zoning classification that would address these properties that are technically inconsistent with the Future Land Use Map of the Growth Management Plan. He revealed that this would protect the vision of the community, the interest of the property owner and the financial community that has made a loan based upon that particular type of use. 16 Page 9 January 15, 1991 Attorney George Varnadoe stated that he represents many develo- pers who have ongoing projects that have been determined under the Comp Plan to be improved properties, i.e. PUD's. He indicated that PUD's are approved for a variety of uses and the market dictates what the developers wish to do at any point in time. He remarked that he wants to ensure that his interpretation is correct and that changes can be made to the land uses on the undeveloped property. He called attention to the Audubon PUD, noting that he does not represent this project. He indicated that Audubon is halfway through the horizontal development and someone else will be doing the actual building of the structures. He reported that there are three different designations of residential uses within that PUD: R-l, R-2 and R-3 which is a multi-story category. He explained that he wants to make certain that what is being proposed will not be freezing in time, what is on the master plan today, and as long as a developer is not increasing the densities of that PUD and living within the confines of one of three categories, that he can shift those around on the property. Mr. Blanchard indicated that the scenario as presented by Mr. Varnadoe has no bearing on today's policy decision, since the subject at hand deals with redevelopment of something that is already on the ground as opposed to something that is proposed. Mr. Bob Moates alluded to the fact that when the Comp Plan was adopted, it protected developed properties and there was no mention of amendments, or post disaster situations, nor was any mention made that properties could not be improved. He declared that he now hates to see the Commission doing a 180' turn. Mr. George Keller called attention to coastal properties which may be destroyed by a tremendous storm and suggested that these people be allowed to rebuild providing they are in back of the high water mark. He indicated that they should not be deprived of rebuilding their pro- perties to the same uses they had. Mr. Donald Perrenoud, Architect for Montgomery Elevator Co., 1425 Creech Road at Goodlette, stated that his client's property is an Page 10 January 15, 1991 existing disaster, and wishes to tear down and rebuild with a first class faced brick structure with the same use. He indicated that at this point, properties that exist but need to be remodeled and upgraded are not being given the opportunity to do so. Mr. David Spencer, representing the Naples Area Board of Realtors, spoke in opposition to the staff's interpretation of the Growth Management Plan. He expressed that a review of the relevant Policies that were adopted by the Commission in addition to the extensive hearings which were held clearly indicated that developed properties would be considered to be consistent with the Future Land Use Element, and is so stated in Policy 5.9. He noted that staff's proposal will have enormous social impact: condo owners will loose their property and will not be able to find suitable housing at the same price for which they purchased their original units; commercial land owners will loose their properties and will not be able to develop them if they cannot prove compatibility with the Growth Management Plan. He disclosed that he believes that zoning should be vested and certain intensities of uses be allowed to rebuild, and noted that he does not feel that the County should be overly restrictive. He pointed out that many gas stations along U.S. 41 are being removed from use and will be replaced with more aesthetically appealing commercial struc- tures which are needed. He suggested that these property owners be given some broad reach of intensity of zoning within the use that they presently have. Mr. Herb Savage, President of the Local Architects of Collier County, concurred with the comments made by Mr. Spencer. He revealed that a property owner must be allowed to use his land to the use for which he bought it. He pointed out that it is another story if the property is sold. Mr. Fred Thomas, representing the Collier County Planning Commission, stated that this issue was heard at the January 3, 1991 meeting in Immokalee, and was discussed in excess of two hours. He cited an example of a person who purchased a piece of property, ~ {]~0 P/tt'~[ 18 Page January 15, 1991 invested 8200,000 - $300,000 and took out a loan for another $800,000 to build a commercial facility, He questioned what will happen if a balloon loan is taken out and there is no disaster and the loan comes up for financing reevaluation in five years. He alleged that another example is that of a small business woman who invested her life savings in a particular piece of property and is in the process of developing same, but now learns that only residential is allowed. He noted that this lady is unable to move forward to keep her family business going. Mr. Thomas advised that the Planning Commission is recommending that the existing zoning of improved properties should be vested so that a person may start a small business and if desired build another facility across town and allow him to tear down and redevelop the same business at the same intensity. Tape ~2 Commissioner Saunders suggested that if a zoning classification is vested, as it exists in 1991, and the zoning codes are changed in 25 years so that what was a legitimate C-3 use in 1991 may no longer be encouraged to be in a C-3 district, the old C-3 zoning could be vested, but only as it evolves with time. He indicated that the County would not be locked into looking at a 1991 zoning code on a specific piece of property when there is total destruction of a building and the new zoning code would be used which gives commercial uses but it may not be the entire same list as it was in the past. Ms. Rebecca Wallace stated that she is the lady as cited in one of the examples as presented by Mr. Thomas. She explained that she has a day care center which is backed up to Goodlette Road and has been in that location since 1968. She related that she wanted to expand the business and the piece of property next door was for sale but it was quite expensive since it is zoned C-40 She indicated that she was going to buy a piece of property, zoned C-5, on Jaeger Road, off Pine Ridge Road three years ago but was told that this could not be utilized for her business. She reported that based on the fact that Page 12 January 15, 1991 she needed to be in a C-4 District to continue her day care business, she purchased the property next to her existing business for $195,000. She remarked that this property contains an old wooden dilapidated house, but noted that she cannot expand to this property since she would have to tear down the old structure, but the proposed amendments do not allow this since not more than 50% of that building can be torn down. She revealed that she presently owes $150,000 on a piece of property that she is unable to expand to. She explained that in the event of a natural disaster or a fire her present property would probably revert back to multi-family and would allow her to build a duplex. She stated that in order to continue her business going, she would like to expand to the next door property and pass this piece of property on to her children or sell it as a commercial piece of property and use the money for her retirement. She requested that she be allowed to keep the commercial zoning on her property and to be able to use this for her day care center. · s$ Recess: 10:45 A.M. - Reconvened: 11:00 A.M. at which time Deput~ Clerk Guevtn replaced Deputy Clerk Hoffman Mr. Dale Chlumsky, owner of the Naples Shopping Plaza, stated his concerns with Staff's interpretation because his parcel cannot con- form to the 50% rule, therefore, it and many similar properties will stagnate and create pockets of older buildings that will continue to deteriorate. Mr. Dudley Goodlette with Cummings & Lockwood, representing various clients in Collier County, stated Policy 5.9 of the Growth Management Plan and the Zoning Re-evaluation Ordinance both clearly state that if a property is improved, it is consistent, therefore, it may be improved to the fullest extent of its current zoning. Ms. Pat Carroll urged the Board to follow the intent of the Comprehensive Plan and vest improved properties. Mr. Ktm Kobza, speaking on behalf of Erin's Isle, Inc., stated the current interpretation will create a tremendous hardship for the small, individual property owner. He asked the Board to consider Page 13 January 15, 1991 vesting the zoning rather than uses, or at least allowing a large amount of flexibility in the types of uses that will replace those in existence today. Mrs. Charlotte Westman, representing the League of Women Voters, gave her support to Staff's recommendations, however, she indicated it may be appropriate for the Board to consider vesting zoning to some degree for improved property except in the case of post-disaster rede- velopment. Mr. Michael Stephen, President of the Naples Area Chamber of Commerce, stated the vast majority of businesses in this community are small, typically family businesses. He said the financial ramifica- tions to banks and insurance companies are very significant, however, most importantly is the value of the individual who has worked for years to gain ownership of a business. He requested the Board retain the current Comprehensive Plan language. Mr. Alan Reynolds endorsed all previous comments, adding that post-disaster development was intentionally sidestepped when the Growth Management Plan was adopted, and this issue needs to be con- sidered without further delay. He communicated three options before the Board this date: 1) direct Staff to withdraw this interpretation and read the plan literally; 2) endorse the CCPC recommendation to vest zoning on improved properties; and 3) re-evaluate the FLUE map to clearly show owners and the community what the Board's intentions are. Attorney Bruce Anderson, representing George Shephard & Son, Inc., stated his client has been in business at his present location for 35 years, and everyone will agree that any commercial redevelopment of that property will be an improvement. However, he said, under Staff's proposal, this will not be allowed to occur and will result in the preservation of blighted areas. Mr. John Brugger agreed with the comments of the previous speakers. Mr. Joel Whittenhall, representing SunBank, expressed the banking Page 14 January 15, 1991 communit¥'s concerns with Staff's recommendations, and handed out information to the Board to iljustrate examples. (Copy not provided to the Clerk to the Board.) Mr. Danny Brawley, owner of Naples Well Drilling, advised he has put everything he has into his business and if he decides to move his company to a better location, the property will be severely devalued without its current C-4 permitted uses, nor can he stay at his present location and expand or rebuild in the case of a natural disaster. Attorney Tom Hart, representing Gulf Gate Shopping Center, com- mented that by followinG Staff's recommendations, if the middle of a shopping center consisting of more than 50% of the existing structure is destroyed by natural disaster, it would not be allowed to redeve- lop. He advised he wrote to the County's Planning Staff and asked for an interpretation of Policy 5.9K with regard to Gulf Gate Shopping Center. He said Staff wrote back in OctobeP, 1989, stating their interpretation is that it allows for developed properties to expand and make additions and modifications within the boundaries of the developed parcel. He suggested that Staff now has a different view of that policy than they had one year ago. Tape ~3 MS. Berrie Gulacsik commented if improved properties are per- manently vested, Collier County will continue to have strip zoning and zoning which is not compatible with the suProunding areas. She sup- ported Staff's position, adding that a board of appeals should be formed to look at individual situations. Mr. Scott Cameron communicated his strong opposition to Staff's proposal. Mr. Bill Morris, owner of Naples Fertilizer and Garden Supply, agreed with previous comments. Mr. Jim Siesky urged the Board to approve the recommendation of the CCPC as modified by Commissioner Saunders. Mr. Larry Ingram strongly disagreed with Staff's recommendations. He mentioned he is one of five owners of the Gulf Gate Shopping January 15, 1991 Center and questioned if the §0% issue means the entire shoppinG center or 50% of any one of the owners on that tract. There were no further public speakers. Commissioner Goodnight communicated she received a FAX letter from the Law Offices of Honigman Miller Schwartz and Cohn in Tampa, that they wish to be part of the record. She advised they represent Ramco-Gershenson, Inc., owners of property in Collier County, who endorse the CCPC recommendation that zoning on all improved propert]es be permanently vested. Bob Blanchard, in summar]zinG Staff's recommendations, stated the first will allow voluntary redevelopment within the boundaries of the current Development Order, consistent with the existing zoning and providing the zoning has been found to be compatible with the surrounding area. He said the second of Staff's recommendations is that any zoning changes to improved properties should be consistent w~th the FLUE. A third point, he said, addresses redevelopment after a natural disaster which he recommends should occur consistent with the Growth Management Plan. In answer to Commissioner Volpe, Mr. Blanchard advised the len- ders' arguments cannot be addressed through the Growth Management Plan. He said Staff must look at land use, compatibility and how the community should develop, however, the lending community has valid concerns that the Board needs to take into consideration. Mr. Blanchard continued, stating the fourth recommendation is to exempt single family and mobile home lots from any of these provisions and the fifth recommendation is standard language pointing out the need for Growth Management Plan amendments to clarify these interpre- tations and process them during the Plan amendment cycle beginning January, 1991. He concluded that if the Board ]s inclined to vest improved properties, it must be made clear that any redevelopment will have to comply with development standards in effect at the time the redevelopment occurs. Cosm~ssioner Saunders moved, seconded by Conun~ssioner Volpe and January 15, 1991 carried unanimously, that the specific use on Improved properties be v~ated; that any redevelopment will occur consistent with the zoning classification in existence at that time; and that any redevelopment mu~t be consistent with development codes and standards in existence at the time of redevelopment. Item~9H1 LEASE AGREEMENT BETWEEN POLYMER RESEARCH AND DEVELOPMENT CORPORATION AND COLLIER COUNTY FOR FIVE (§) ACRES LOCATED AT THE IMMOKALEE AIRPORT - APPROVED Assistant County Manager McLemore explained this is a lease with Polymer Research and Development Corporation for five acres of pro- perty in the Immokalee Industrial Park which includes an option on an additional five acres, for development and establishment of a plastics recycling facility. He noted this is an important milestone in the implementation of the Immokalee development strategy. He pointed out this project will bring to Immokalee approximately 30 new non-farming Jobs and the recycling aspects will also assist the County in meeting the 30% landfill reduction mandate. He added that this tenant will start the process of transforming 365 acres of vacant pasture land into productive facilities which will produce new revenues for the Industrial Park and the Airport Authority, as well as new tax revenues for Collier County. He mentioned an important aspect of this tenant is that he secures $1.2 million in State and federal grants. '' Marcel Vezfna, President of Polymer Research and Development Corporation, stated the proposed recycling facility will process plastic farm materials, approximately 70% of which will go directly back into producing agricultural plastic materials and the remaining percentage of the product turned into pellet stock that can then be sold. In answer to Commissioner Shanahan, Mr. Vezina explained his qualifications for undertaking this project. Com~leeloner Shanahan moved, seconded by Commissioner Hames and carried unanimously, to approve the Lease, authorize its execution by the Chaix~man and authorize Staff to expedite the permitting process January 1§, 1991 to issue a building permit to Polymer Research and Development Corporation for the construction of the manufacturing and recycling facility on the Demised Premises. Assistant County Manager McLemore acknowledged the efforts and hard work of the following people on this project: Bob Fahey, Bill Lorenz and his staff, George Archibald, Russell Shreeve and his staff, the Staff of NDC, along with Dennis Cronin, Sandy Taylor, Deena Quinn, Ken Baginski, Barbara Cacchione, Michelle Edwards, Tim Billings, as well as Ross Obley from EDC, and Wayne Daltry of the Regional Planning Council. He also thanked the Immokalee Water and Sewer Authority and the Board of County Commissioners for their support. CommJssloner Goodnight commented that this effort is a good example of a "thousand points of light", with a number of people and government organizat~ons working together, and she thanked everyone involved. Page 18 January 15, ]991 *'' Deputy Clerk Hoffman replaced Deputy Clerk Gusvtn at this time *'' Item 99A2 SECURITY FOR A PORTION OF "EDGEMERE WAY IN WYNDEMERE" - IRREVOCABLE LETTER OF CREDIT ACCEPTED WITH STIPULATIONS Community Development Services Administrator Brutt stated that this is a request to accept the security for a portion of "Edgemere Way In Wyndemere". He noted that normally, this is a consent agenda item. Mr. Brutt stated that staff is recommending that the Commission accept the Irrevocable Letter of Credit to guarantee completion of the subdivision improvements for a portion of "Edgemere Way In Wyndemere" wlth the stipulations as reflected in the Staff Report. Co~iestoner Shanaban moved, seconded by Commissioner Saunders and carried ~xnanimously, to accept the Irrevocable Letter of Credit for "Edomere Way In W%mdemere", subject to the following staff etipul&~tons: 1. Authorize the Chairman to execute the attached Construction and Maintenance Agreement. 2. That no Certificates of Occupancy be granted until the impro- vements have received preliminary acceptance. That the construction plans for the roadway not be approved until the drainage easements through the development of V~llages of Wyndemere are recorded. 58 Page 19 January ]5, 1991 Ita~B1 SUPPL~!~NTAL AGREKMENT NO. 1 WITH BETTER ROADS, INC. FOR PROJECT NO. 65065, C.R. 951, COVERING ADDITIONAL QUANTITIES OF WORK AND DELETING DETOUR COSTS - APPROVED IN THE AMOUNT OF $249,797.75 Transportation Services Administrator Archibald advised that this supplemental agreement relates to the CR-951 project that extends from Golden Gate City north to Golden Gate Boulevard. He noted that the contractor has completed most of the canal relocation work. He indi- cated that the supplemental agreement includes the final actual quan- tities for the various excavation items. M~. Archibald reported that the executive summary outlines not only the original contract amounts but the actual quantities that were a result of a recent survey that was done by staff and the contractor prior to the construction activity being undertaken. He expressed that this survey was compared against a template to determine the final quantities which are summarized in the agreement. Commissioner Volpe pointed out that there was a survey performed by competent surveyors and a contract was let based upon that survey, and now at the time of actual construction, it has been determined to do another survey. He related that this says something about the ori- ginal survey which was done. He questioned whether the County is being asked to absorb approximately $250,000. Mr. Archibald expressed that the original surveys were performed in 1986 and after a number of different activities, the construction contract has been let. He remarked that it is very Important to be extremely precise in the quantities and a detailed survey, prior to construction will determine these quantities. He noted that the com- putation of this data is in place quantities. Mr. Archibald advised that the roadway excavation contract figure was 25,443 cubic yards and the actual figure is 30,004 cubic yards. He Indicated that this is based on the actual surveys and the in-place affirmed that this difference is within DOT's guidelines of 25~. In answer to Commissioner Volpe, Mr. Archibald stated that there has been over 3 miles of canal excavation work, a portion of which Page 20 January 15, 1991 follows 3gth Street where there are two force mains. He indicated that there is an additional force main running north which provides potable water to North Naples. He related that after the survey was done in 1985, this area was in fact disturbed, noting that the utility work extends from the Golden Gate Park through this project. Mr. Archibald explained that the canal is being relocated and the back ~1ope will intersect with 39th Street. He expressed that two of the water lines run under 39th Street and there has been quite a bit of activity on the west side of 39th Street due to the equipment being in that area, where vegetation has been removed, and where materials have been replaced. He affirmed that these are some of the changes that account for having a survey performed immediately before construction. He reported that some of the survey data did not extend all the way to 39th Street, since it was not known at the time how far the canal would be relocated nor where the future four lanes would be placed. Commissioner Shanahan called attention to borrow excavation in the amount of $240,000, and noted that this is close to DOT's limits. Mr. Archibald advised that Jt would have been more costly if the surveys would have been done prior to the award of the construction contract. He remarked that this item represents the embankment of the road or the fill that needs to be brought in. Commissioner Hasse questioned whether guardrails are planned for this area, to which Mr. Archibald replied that the only area where guardrails will be necessary is at the bridge locations where there are turn lanes. He indicated that by relocating the canal, the canal slopes are being reconstructed which meets the recovery area require- ments of the State. Coe~ieelon~r Shanahah moved, seconded by Commissioner Hasse and carried unani~ousl¥, to approve Supplemental Agreesent No. 1 with Bettee Roads, Inc., in the amount of $249,797.75. 66 Page 21 January 15, 1991 It~ BID ~90-1660, EXPANSION FOR THE FRANK E. MACKLE, JR. COMMUNITY CENTER - A~%~DED TO L]~NCH CONSTRUCTION CO. IN THE AMOUNT OF $92,700 WITH CA~KAT ~ LIQUIDATED DAMAGES Assistant to the County Manager Pike explained that this item is being presented on the regular agenda since staff is recommending that the Frank Mackle Community Park Community Center Expansion be awarded to the second lowest bidder, Lynch Construction Co. Ms. Pike advised that the bid requirements specified not only a base bid, but also that consideration would be given to the completion time. She called attention to Page 3 of the Executive Summary and pointed out that Lynch Construction's base bid is $146 greater than that of Gulfshore General Contractor, the low bidder on the base bid only. She reported that Lynch Construction intends on completing the construction in 90 days versus the 150 days that it will take Gulfshore to complete the project. Commissioner Volpe stated that in view of the fact that staff is recommending the second lowest bidder based upon representation that construction will be completed within 90 days rather than 150 days, it appears that there should be a provision in the contract wherein if Lynch fails to perform within the 90 days, a penalty will be imposed. County Manager Dotrill suggested that a condition relative to liquidated damages be incorporated as part of the motion. Comisetoner Shanahan moved, seconded by Commissioner Hasse and carried unant~ousl¥, to award Bid #90-1660 to Lynch Construction Co., In the m~ount of $92,700 with the caveat with respect to liquidated da~a if the pro]ect is not completed on a timely basis. Item ~9D1 DISCUSSION OF PLANS TO ADDRESS WATER DEMA~NDS PENDING CONSTRUCTION OF PROPOSED NORTH COUNTY REGIONAL WATER TREATMENT PLANT AND RELATED FACILITIES - NO ACTION REQUIRED Utilities Administrator Arnold stated that this Executive Summary relates to the discussion of an action plan that has been developed to address the County's water demands during the coming two seasons, pending construction of the North County Regional Water Treatment Page January 15, 1991 Plant and related facilities. He pointed out that this was discussed during the recent strategic planning sessions when staff had expressed their concerns with regard to pressing the limits of the existing water facilities. Mr. Arnold advised that initially, it was anticipated that the North County Treatment Plant would be completed in January, 1992, but noted that he feels that this target date is virtually out of reach, and therefore, the anticipated demands for the ]991-1992 season need to be addressed. Mr. Arnold called attention to the attachment to the Executive Summary, which outlines some of the issues that relate to the delays and the implementation of the next water treatment project. He related that the first phase of the design process was pilot testing at the existing Water Treatment Plant on CR-951 to test and determine the type of water that is being treated and the type of membranes that will be required for the membrane softening process, and the pumping pressure. He noted that this pilot testing did reveal problems of concern but they have since been addressed relative to the quality of the water. He announced tha'~ things are now back on track and antici- pates a target date of late 1992. Mr. Arnold expressed that typically, the highest water demands are experienced in March, April and May. He revealed that it is difficult to plan and design facilities to meet that short period time of demand and at other times during the year, those facilities are not being used to their full capacity. He announced that projections for demand during the coming season is 14 million gallons per day (MGD), with a maximum day during that period of 16 MGD. He Indicated that the current plant has a capacity of 12 MGD, but recent improvements to that plant will allow the capacity to be boosted up to 16 MGD, and this should allow the demands for the 1991 season to be met. In answer to Commissioner Volpe, Mr. Arnold detailed that popula- He noted that the per capita tion drives the projections for demand. figure is ~63 gallons per day. Page 23 January 15, 1991 With respect to the 1992 season, Mr. Archibald revealed that demands are expected to increase to an average of 16 MGD with a maxi- mum of 18 MGD, and noted that there will be a 2 MGD shortfall. He indicated that the current wellfields are rated at 16 MGD and there is additional capacity which will allow the 18 MGD demand to be met. He reported that an additional 11 wells will be constructed in the Estates in two phases: 4 wells will be constructed initially which will allow an additional 6 MGD capacity and these should be on line by the end of this calendar year. Mr. Arnold stated that the Executive Summary contains several items entitled "Contingency Plans" which may be used as tools if there is a shortfall situation which the Gounty cannot meet, noting that emergency steps would need to be taken: the implementation of water restrictions. Mr. Arnold mentioned that a rate study is currently underway for FY 90/91. He explained that specific directire to the consultant is to develop water rates for Collier County and that water conservation be incentive oriented. He indicated that this study will be presented to the Commission within the next several months. He stated that It is anticipated that there will be a reduction in water usage once the citizenry understands that there will be higher bills for excessive water use. Mr. Arnold reported that there is the need for a water conser- vation program in Collier County. He recalled that during the stra- tegic planning sessions, the Commission was supportive of seeking a consultant who specializes in this field. He detailed a number of means that could be used for water conservation: low flow shower heads, toilets and faucets. He suggested that volunteers could be used to educate the public and the City of Naples could participate in a cooperative effort in this respect. Commissioner Volpe questioned whether a comprehensive water con- servatton program would include Imposing those measures on the custo- 75 Page 24 January 15, 1991 mers of the private utility sector. Mr. Arnold replied that some of the measures would be imposed: a Xericscape Landscape Ordinance could be required throughout the County: or amending the Ordinances relative to buAlding construction requiring low flow toilets, etc. Co~nmissioner Shanahan questioned the amount of the cost to imple- ment all the actions as discussed, to which Mr. Arnold replied that the capacity improvements at the Water Treatment Plant will be $200,000 but there are no costs associated with the contingency steps other than the conservation program. Mr. Arnold stated that he would be remiss if he did not mention a f~nal contingency item that if push came to shove under unusual cir- cumstances during the next two years, the Commission may need to con- sider imposing selected moratoria in various areas. In conclusion, Mr. Arnold stated that there are projected short- falls for the coming two seasons but there is a plan of action that he believes will meet those demands. He explained that his recommen- dation is to follow the course as presented today. Commissioner Shanahah remarked that he is impressed with Mr. Arnold's presentation, and noted that Collier County needs a plan which should be implemented. He indicated that he endorses the propo- sals as presented. In answer to Commissioner Volpe, Mr. Arnold reported that the Pelican Bay Improvement District's wellfields are not actively being used for that area's potable water demands, and added that the City of Naples currently provides that potable water. He advised that there is a contract which requires Collier County to pick up that require- ment within the next year or two. Mr. Arnold explained that there still remains an outstanding 1MGD agreement with the Marco Island Utility as a supplement for their supply during high demand periods. He noted that this contract will exist until such time tha'~ the Utility has additional capacity on line. He disclosed that next week, the Commission will be reviewing a Provisional Use application associated with same. He indicated that Page 25 3anuary 15, 1991 it Is anticipated that the Plant will be on line by the 1992 season, thereby relieving Collier County of the ! MGD commitment, No action is required on this item. Item ~9D2 PRESENTATION OF PRELIMINARY ENGINEERING EVALUATION OF FLORIDA CITIES WATER COMPANY UTILITY - STAFF TO CONTINUE WITH DEVELOPMENT PLANS RE ACQUISITION OF FLORIDA CITIES UTILITY AND MARCO ISLAND UTILITY ~sslstant Utilities Administrator Bloetscher stated that last week the Gemmission was provided with a copy of a report of the preliminary engineering evaluation of the Golden Gate Utility System. He noted that this report was spawned as a result of the rate hike which was approved by the Public Service Commission. Mr. Bloetscher indicated that the Golden Gate System has grown quite slowly during the past 10 - 15 years. He related that GAC installed the majority of the system in place and it appears to be in fair shape. He advised that the value of the water/sewer system is approximately $7.3 million Mr. Bloetscher explained that in order to build out the remaining system, costs are estimated to be: $7 million for water and $20 million for sewer. He noted that one half of Golden Gate City has water and less than one half has gravity sewer. He reported that the expansions for water and sewer tend to be for the large commercial usages rather than individual residential. Mr. Bloetscher stated that a review was made with regard to the treatment capacities, noting that private utilities tend to run these facilities as far as they can before adding any new things. He indi- cated that if the County took over this operation, the current plants would be taken off line and the current water system would be used after the new plant is ;~dded. Commissioner Has~e questioned whether the residents in the main portion of Golden Gate City adjacent to existing lines are obligated to hook into the system. Mr. Bloetscher stated that one of Florida Cities' complaints is that they cannot force people to hook up to the systems. 77 Page 26 January 15, 1991 Commissioner Volpe remarked that staff's report indicates that there are limitations on the expansion of the system since the current water treatment facility Is in the middle of a golf course. He related that the system is one half built out and more raw water will be needed. Mr. Bloetscher explained that that plant would be taken off line since it would be not cost effective to run same, but a line would be run from it through Golden Gate City. Commissioner Hasse asked if the County's rates for water would be compatible to what those people are currently paying. Mr. Bloetscher stated that the County's water/sewer customers are paying less than what Florida Cities is charging. In answer to Commissioner Shanahan, Mr. Bloetscher advised that if the system is obtained, the County incurs the obligation of building the remainder of the system out. Commissioner Shanahan stated that this seems to be one step alon9 the way in completing the County's Regional Utility System, and something that needs to be addressed and pursued, with regard to how the costs will be underwritten and the relationship in comparison to the present situation. He mentioned that due to the rate increases and the quality of service that is bein9 provided, he feels that the citizens of Golden Gate would welcome the analysis. Commissioner Hasse concurred with Commissioner Shanahan's remarks but noted that when consideration is given to the cost of $27 million being assessed, one has to look very closely at this situation. County Mana9er Dotrill advised that this is the first of a series of two reports, noting that a similar evaluation is underway for the Southern States Utlliti~s on Marco Island. He stated that he would like to receive conceptual authorization today since staff's findings are that the systems are in a deteriorating state of repair and the ability to expand those systems and have excess capacity are not pre- sent. He Indicated that at some point in time it would be appropriate to ask the rate consultants to take a further look at the ability to generate debt capacity to acquire these systems. He su9gested that ~ 000PAo~' 78' Page 2'7 January 15, 1991 both the Avatar Utilities and the Southern States Utilities be con- tacted and Indicate to them that an evaluation is taking place and to explore a negotiated acquisition as opposed to an eminent domain pro- ceedil~g at some point. He explained that if the Commission is willing to proceed, he feels that hearings should be conducted in the com- munity to hear comments from the current customers and that the County Water/Sewer Master Plan be updated to ensure that it has the ability to acquire these particular areas, and that consulting assistance be retained to provide the expertise on eminent domain proceedings as they relate to acquiring for private for profit utility systems. Commissioner Saunders concurred with County Manager Dorrtll's remarks and noted that the long range solutions relative to water and sewer tn Golden Gate and Marco Island is for the eventual takeover of those systems by Collier County. He mentioned that he believes that as much work as possible should be done in-house, but indicated that he agrees with the concept. Commissioner Shanahan stated that he agrees with the concept, and suggested that steps be taken to move ahead. Commissioner Volpe replied that he would like to see the report first and then to explore the situation with the utilities. ¢onlssioner Shanahart moved, seconded by Commissioner Saunders mnd cmrried unani~ousl¥, to direct the County Manager to continue with the development of the plans for the acquisition of the Florida Cities Utilities and the Marco is/and Utilities; and that the offices of the Count-F Manager and the County Attorney do as much work as possible AMEN]]%~ENT NO. 2, ~ ASSOCIATED FURTHER FUNDING AUTHORIZATION TO THE A~EMENT WITH HOL~, MONTES AND ASSOC., INC. FOR PROFESSIONAL ENGINEERING SERVICES FOR THE SOUTH COUNTY REGIONAL WASTEWATER FACILITIES PHASE ! - APPROVED IN THE AMOUNT OF $229,108 Utilities Adm~inistrator Arnold requested approval of Amendment No. 2, and associated further funding authorization, to the Agreement with Hole, Montes and Assoc., Inc., for professional engineering services Page 28 January 15, 1991 for the South County Regional Wastewater Facilities - Phase I project. He noted that this project includes all the line work, master pump state, on, effluent lines, storage tanks, etc. Mr. Arnold indicated that this AGreement was entered Into in September, 1986 and a full engineering services contract was approved, including design, construction supervision and inspection, noting that initially only the design phase of the contract was funded. He reported that in 1989, concurrent with the Initiation of construction, authorization was approved for construction supervision and construc- tion administration. He explained that at that time, the contract was brought into conformance with EPA requirements because in the interim grant funding was secured for these projects and there were certain stipulations with regard to the manner in which the contract was to be structured, and how payment was to be made. He related that the first amendment to the contract provided funding for the construction phase and amended the contract language somewhat. Mr. Arnold remarked that during the past two to three years, construction has commenced on the project and there are five contracts involved, noting that the most difficult phase has been with the golf courses and attempting to make the final arrangements to get the effluent to the courses and to have proper storage facilities pro- vided. Mr. Arnold advised that the proposed amended fees of the contract are to provide the funding for the ongoing costs. He related that the master pump station contract has run beyond its contract limits and has resulted in the requirement for additional contract services, and noted that staff will pursue the contractor for reimbursement or a reduction .In hi?~ contract to correspond with the additional services that have been incurred. Co~lestoner Shanahah moved, seconded by Commissioner Hasse and carried 4/0 (Co~isstoner Saunders out of the room), to accept staff's recommendation to approve Amendment No. 2, and further funding author~zation for the agreement with Hole, Montes and Associates, Inc., in the a~ount of $229,108. Page 29 January 15, 1991 Ite~ TO~R LE~%SE AGP.~ BETWEEN COLLIER COUNTY AND PALMER BROADCASTING PARTNEW. SHIP - ~O~D AS Communications Manager Luntz pointed out that there is an error the lease agreement. He called attention to Page 8 of the Executive Summary, Item #14, Term of the Lease and advised that this should be changed to read "one year" rather than "two years" Commissioner Volpe questioned the cost of installing the equipment on the tower, to which Mr. Luntz replied that this is included in the $417,464.12 that the Commassion approved in 1988. He explained that if the equipment needs to be moved to the permanent tower site within three years, Collier Enterprises has stated in a letter of intent that they will reimburse the County up to $5,000 for same. Mr. John Keschl stated that he recalls that this equipment is to be the latest state-of-the-art communication system, but noted that he has not seen anything that mee~s this description. He related that Collier County is managing very satisfactorily without the additional tower and questioned the reason for the lease agreement with Palmer Broadcasting. He explained that he understands that Palmer Broadcasting ls In default to Collier County Jn the amount of $1 million+ on various franchise fees, etc. He indicated that County Manager Dotrill has provided him with a copy of a letter from Palmer Communications Corporation dated January 14, 1991, regarding the Cable Franchise Fee Audit. He noted that the letter suggests a settlement agreement to include "release language in favor of Palmer Communications and its related entities." He affirmed that the letter further stipulates that Palmer Broadcasting will make a payment of $341,000 to Collier County and th~s is to be full payment for all disputed franchises, calculations and alleged under payments from January 1, 1967 through December 31, 1990. He voiced that the letter also indicates that this will resolve all outstanding orders between Palmer Broadcasting and the County; the County agrees that no addi- tional audits or payments will be required on operations and income Page 30 January 15, 1991 relating to the years 1967 - 1990, except for the remaining 1990 Franchise Fee. He remarked that he requested a copy of the audit, but understands that it has not been completed. He suggested that the Commission postpone taking any action on this item until a thorough review has been conducted in this regard. County Manager Dorrll] stated that Mr. Kesch]'s primary concern has nothing to do with the tower lease, but rather a general concern with Palmer Communications. He noted that as the result of an inter- nal audit, Mr. Fatica of the Clerk's Office, Ms. Pike and himself, entered into some negotiated settlement matters with Palmer Broadcasting in lieu of the County proceeding with litigation to cover those funds. He indicated that the funds in question amount to approximately $370,000 in unrecorded and unpaid franchise fees. He affirmed that upon further review and per the approval of the internal auditor, agreement has been reached that $341,000 is a more appropriate figure. Com~missioner Saunders questioned whether the execution of this lease would have any affect on the County's ability to negotiate or file suit for the fees that Palmer Broadcasting owes the County for a variety of things, as referred to in the letter as read by Mr. Keschl. County Attorney Cuyler advised that these items are unrelated, and would have no affect on the County's ability to file suit. Commissioner Saunders stated that when Palmer Broadcasting took over Telesat, they assumed the responsibility to pay the franchise fee application and noted that to his know]edge, this is still not paid. He suggested that County Attorney Cuyler file suit on this issue to resolve same. County Attorney Cuy]er affirmed that he will check into this matter. Mr. Luntz reported that the system was purchased, is staged and will be delivered within ten days. He explained that the County has been licensed at that s~te from the FCC, and noted that if the system arrives and the tower is not utilized, the County is still obligated to pay 80% to Everglades Communications for the E. F. Johnson system, Page January 15, ]991 and the balance due will be paid when it is up and runninG. She indi- cated theft this has been a five year ongoing effort. He requested that staff be authorized to proceed in this regard. Commissioner Saunders stated he appreciates Mr. Kesch] reading paragraphs of the letter from Palmer Communications. He expressed that the County Attorney has advised that approval of the lease in no way affect the Oounty's ability to contest anything that is con- tained in the letter. He explained that his approval of the lease is in no way to be considered an acquiescence in the statements of the letter. Co~mtssio~er Saunders moved, seconded b~ Commissioner Shanahah and cmx~i~ ~mni~l¥, to approve the Tower Lease A~ee~ent, am m~ended, bet~e~ Collier County and Palmer Broadcasting Partnership. 000 87 Page 32 January 15, 1991 eeo ~'eos: 3:30 P.M. - Reconvened: 3:45 P.M. at which time Deputy Clerk Guevin replaced Deputy Clerk Hoffman e,, PURSUANT TO BID NO. 90-009 FOR THE RIGHTS-OF-WAY MAINTENANCE WITHIN TH~ PELICAN BAY IMPROVEMENT DISTRICT FOR CALENDAR YEARS 1991 AND 1992, PROPOSAL AREA "A" AWARDED TO JACARANDA LANDSCAPE, PROPOSAL AREA "B" AWARDED TO LAND DESIGN SYSTEMS AND PROPOSAL AREAS "C" AND "D" AWARDED TO ~ LAWN SERVICE Jim Ward, Manager of the Pelican Bay Improvement District, reviewed the history of this project with the Board. He said the District began providing the rights-of-way maintenance within the Pelican Bay community approximately 10 years ago. He stated the major focus has been to provide the community with the highest quality of service, and the District has been awarded a number of landscaping awards for the quality of its landscaping. He advised this project was advertised for bid in August, 1990, and three bids were received. He said the contract document breaks down the project into four dif- ferent proposal areas because of the volume of work. He stated the award of $350,938 is recommended to be divided between Jacaranda Landscape which has been a contractor doing the District's landscape maintenance for four years, and a new company, Land Design Systems. He reported the bid is being contested by the third bidder, RB Lawn Service. He explained that based on the information provided by RB Lawn Service in their bid proposal, he concluded the Company did not have sufficient manpower or machinery to handle a project of this magnitude, although the Company has since provided the County's Purchasing Director with conflicting information. He further stated that the principle owner of the business has never worked in the landscaping business and does not have any expertise in this area. He added the financial statements provided are questionable and even if they are correct, it does not appear that this Company has the finan- cial ability or adequate experience to provide the scope of services required. Commissioner Volpe commented that the bid from RB Lawn Services is Page 33 January 15, 1991 half the cost of the other two companies. He questioned if Mr. Ward performed the same financial and equipment analysis on the two recom- mended firms as had been done on RB Lawn Service? Mr. Ward replied the same type analysis was performed on Land Design Systems, however, Jacaranda Landscape has been the contractor on this project for the past four years and he has not updated the information he obtained when the contract was originally awarded to them. He also explained that RB Lawn Services has indicated they came up with the price for their bid by adding 10% to a previous bid of two years ago, even though the current project is substantially larger than tt was at that time. He said he has grave reservations that the job can be done at their bid of 15¢ per square foot knowing that Pelican Bay has tradi- tionally been paying 21¢ per square foot. Commissioner Shanaban asked if any consideration has been given to sharing the job with RB Lawn Service based on the fact that they are confident they can do the work. He said if the bid is shared with RB rather than Land Design Systems, considerable sums of money can be saved, while at the same time having the opportunity to test the com- pany on whether they can live up to their commitment. Mr. Ward said a major concern is whether that idea will actually save money because if problems occur, expensive landscaping will need to be replaced. He said the price of the project will then increase to what it would have cost with the two recommended firms while at the same time having to do the work of replacing the landscaping. He stated the Pelican Bay community desires the best service at the best price, which does not mean they want the system to die and then spend a month replacing it. Commissioner Volpe inquired if the companies are required to carry insurance for this project? Mr. Ward indicated in the affirmative, adding that a retainer is held on a monthly basis on the contract so that at the end, cash is available if problems need to be solved. He reiterated that his concern is on the front end, and he would rather not get to the point of having a problem. He said the contractor has ODOP , 95Page January 15, 1991 to be good enough to anticipate problems and solve them before they come up. In answer to Commissioner Shanahan, Mr. Ward explained that the bid proposed by Jacaranda is approximately $100,000 more than the current contract, however, that increase conforms to the amount of area added to this pro3ect and also conforms to the current price being paid to Jacaranda in the amount of 21¢ per square foot. Attorney Thomas Franchtno, representing RB Lawn Service, protested the recommendation to award the contract to the two highest bidders. He said RB is a highly qualified bidder, and the competitive bid pro- cess created by the Board of County Commissioners compels that RB Lawn Service be awarded the entire contract. He reported that Steve Camell, the County's PurchasinG Director, reviewed the bids and came to the conclusion that there is no objective reason why the bids of the other two companies increased to such an extent in one year. He submitted exhibits to the Board listinG equipment of RB Lawn Services (not provided to the Clerk to the Board). He disputed the allegations made that RB does not have the manpower, equipment or experience to perform the services required under this contract. Commissioner Volpe commented that it seems an undefined standard has been applied to RB Lawn Service and not to the others. Commissioner Saunders stated the County wants to save money where it can, however, when a bid is received that ~s one half of the other two, it raises a red flaG the same as it would if a bid received is twice as high as two others. He said he is not convinced that RB will be able to perform the services required, and is inclined to award the contract to the two recommended firms. Assistant County Manager McLemore pointed out that as the Commission succeeding to the principal functions of the Pelican Bay Improvement District, the Board of County Commissioners assured the Pelican Bay community that it would perform services equal to or better than what was beinG performed. He said this decision will be crucial in the Board proving its ability to live up to that promise. Page 35 January 15, 1991 He suggested the safest course of action will be to uphold Mr. Ward's recommendation. C~tsstoner Shanahah moved, seconded by Commissioner Hasse, to ~ l~l-(~lm~Ul A~ems "B" and "D' to RB La~m Service and Proposal Areas "A" and 'C" to Jacaranda Landscape. Mr. Ward suggested as an alternative, that the Proposal Areas be awarded as follows: "A" to Jacaranda Landscape, "B" to Land Design Systems and "C" and "D" to RB Lawn Service. He said this will give RB an opportunity to prove its qualifications on a smaller part of the contract. l~n call for the question, the motion failed Sailriders, Volpe and Goodni~ht opposed). Oolmmissioner Volpe moved, seconded by Commissioner ~asse and carried 4/1 (Commissioner Saunders opposed), to award Bid No. 90-009 for the rights-of-~ray maintenance within the Pelican Bay Improvement District for Calendar Years 1991 and 1992 as follows: Proposal Area "A" to Jaca~anda L~ndscape, Proposal Area "B" to Land Design Systems and l~sal A~eas 'C" and 'D" to RB Lawn Service. Itn OO~/!~l'~ ~%!~AG~I~ TO R~TURN IN 30 DAYS WITI~ COST SAVINGS PROPOSAL R~ARDll~ ~F~I~ICLES AND EQUIPMENT FOR FY 90-91 County Manager Dotrill recommended that no immediate freeze be imposed on equipment purchases and asked the Board to allow him to complete the first quarter of this fiscal year and return in 30 days with cost savings proposals and reduce those to a written policy. Commissioner Shanahah asked for an estimate of potential savings, based on what is currently known with regard to selective hiring and deferred purchases. Mr. Dorrill indicated that roughly $130,000 to $150,000 per month can be saved in personnel related costs and approximately $250,000 of equipment can be deferred in the current fiscal year. Commissioner Saunders commented that he has spoken to three of the Constitutional Officers to date, who all understand what the Board of Page 36 January 15, 1991 County Commissioners is trying to accomplish. He said they have indi- cated they will do everything they can from an equipment and personnel standpoint to reduce their expenditures in this fiscal year. He added that he will request estimates be available at the February 12th Board of County Commissioners meeting from all the Constitutional Officers. Gall Addison, representing the Sherlff's Office, remarked that the majority of funds within the Sheriff's operating budget have already been obligated. This being a discussion item, no action was required by the Board. Item ~12A RESOLUTION 91-33 REAPPOINTING GIL MUELLER AND CHERRYLE THOMAS TO THE PARKS AND RECREATION ADVISORY BOARD - ADOPTED Oouissioner Hasse moved, seconded by Commissioner Shanahan and carried unanimously, that Gil Mueller and Cherryle Thomas be reap- pointed to the Parks and Recreation Advisory Board, thereby adopting Resolution 9~-33. Page 37 January 15, 1991 91-34 LFPOX~XNG R. SCOTT PRICE TO THE HONELKSS ADVZSOR¥ Cellktlsioner Shanahah ~oved, seconded by Co~-issioner Saunders ~nd c~rted m~n~ou~l¥, that R. Scott Price be appointed to the Holeless &dvi~ Col~lttee, thereby adopting Resolution 91-34. Page 38 January 15, 1991 see Co~atseionsr Saunders ~oved, seconded by Commissioner Volpe ~nd carried unani~usly, that the following tte~s under the con- sent agenda be approved and/or adopted: e,, Ite~ #14~1 MATEIt FACILITIES ACCEPTED FOR ORANGE BLOSSOM DRIVE WATER MAIN - WITH STIPULATION~ The water 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 fur- nishes a letter approving the water distribution system for service. 2. Bacteriological testing has met the County's requirements. OR Book 1594 Pages 1554 - 1562 Ite~14A2 CHAI~N TO EXECUTE THE LOCAL GOVERNMENT ANNUAL REPORT FOR THE · ~I~FRISE ZONE PROGRAM - TO BE FORWARDED TO DCA See Pages Itm ~I&A3 cont/xmed to 1/22/91 Ite~,14A4 RESOLUTION ~91-35 APPROVING THE PREPARATION OF AN APPLICATION FOR AN ECONOMIC DEVELOPMENT GRANT UNDER THE SMALL CITIES COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM OF THE FLORIDA DEPARTMENT OF COMFKFNITY AFFAIRSr AND COUNTY MANAGER AUTHORIZED TO SIGN THE APPLICATION See Pages NO. I - AVALON ENGINEERING, INC.; NO. 2 - CB2M RILL ENGINEERING, INC.: AND NO. 3 - GIFFELS-W~BSTER ENGINEERING, INC., APPROVED &S SROR? LIST OF CONSULTANTS FOR DESIGN OF BONITA BE&OR ROAD Ite~14B2 STAFF DIHCTED TO PROCEED WITH DESIGNATED STEPS TO CREATE AND I~ IMPROVEMENTS OF THE EUCLID AVENUE AND LAKELAND AVENUE ROAD~ID~ MUNICIPAL SERVICE BENEFIT UNIT Itmm#14B3 STAFF TO FR~PAR~, DRAFT AND ADVERTISE FOR PUBLIC HEARING A CO#PI~I~]ISIV~ SP~ED LIMITS ORDINANCE FOR COUNTY-MAINTAINED ROADWAYS ltea#14C1 BID ~90-1659 FOR THE CONSTRUCTION OF A FOOTBALL/SOCCER FIELD AWARDED TO E~LLEY & BO#DENr INC., IN THE AMOUNT OF $98r625.88 It~ 914E1 ~ to ,9E1 BID~90-1663 FOR SPRINKLER PARTS AND R~L&THD ITEMS AWARDED TO EYATT Item ,14E3 / OOOPAG£102 Page :39 January 15, 1991 ~F[ (12'} FOOT PKRNII~Ff DRAINAGE gASRI~NT ACCEPTED FRON NARDEL, FOR TH~ COLONIES AT BERKSHIR~ LAK~St PHASE T~O See Pages lay- /a? ~"r~!~TII~C.ItT~ OF CORI~CTION TO THE TAX ROLLS AS PI~S~D BY TI~ 1989 TAX ROLL No. Date 255 12/13/90 1990 TAX ROLL 137 139/143 1441147 149 159/172 174 12/lo/9o 12/11/9o 12/13/9o 12/17/9o 12/21/9o-12/31/9o 01/04/91 01/07/91 1990 TANGIBLE PERSONAL PROPERTY 1990-31 1990-31a 1990-55 1990-58 1990-60/1990-67 11/05/90 12/31/90 12/17/90 12/18/90 12/27/90-01/07/91 S&TI$1~&CTION OF LI~lq FOR S~RVICES OF TH~ PUBLIC DEI~:NDER See Pages /3 F-- Y~,,~ / It~ ~14J NI~U~ COl%R~SP~)NDENCE - FILED ~/OR ~~D The following miscellaneous correspondence was flied and/or referred to the various departments as Indicated below: Letter by Certified Hall dated 1/4/91 to BCC from Jill Burzynskt, Burzynskt Law Office P.A., re construction obstacles on Airport Road on November 19, 1990; claim by Charles and Charlotte Rowe. Copies to Nell Dorrtll, Ken Cuyler, and filed. Letter dated 12/31/90 to William H. Schneider from Maureen Kenyon, Deputy Clerk, re Case No. 90-04-00655 Public Nuisance. Filed. Memo dated 12/17/90 to BCC from Debbie Arkins, Tax Deed Clerk, re Certificate 1494-1083 - Tax Deed Sale 12/14/90. Filed. Division of Administrative Hearings, dated 12/31/90, Case No. 90-4544GM Sewell Corkran rs. Collier County and Department of Community Affairs, and Case No. 90-4545GM The Cttizen's Political Action Committee, Inc., and James K. Kessler rs. Collier County and Department of Community Affairs. / 000PA~£103 Page 40 January 15, 1991 10. 11. 12. 13. 14. Respondent Collier County's motion in opposition/motion for more deffntte statement in response to Cttlzen's Political Committee, Inc., and James K. Kessler's Second Amended Petition. Copies to Nell Dotrill, Ken Cuyler, and filed. Division of Administrative Hearings, dated 12/31/90, Case No. 90-4544GM Sewell Corkran rs. Collier County and Department of Community Affairs, and Case No. 90-4545GM The Ctttzen's Political Committee, Inc., and James K. Kessler rs. Collier County and Department of Community Affatrs. Respondent Collier County's motion in opposition/motion to strike in response to Ctttzen's Political Committee, Inc., and James K. Kessler's Second Amended Petition. Copies to Nell Dotrill, Ken Cuyler, and filed. Divlslon of Administrative Hearings, dated 12/31/90, Case No. 90-4544GM Sewell Corkran rs. Collier County and Department of Community Affairs, and Case No. 90-4545GM The Ctttzen's Political Committee, Inc., and James K. Kessler rs. Collier County and Department of Community Affairs. Respondent Collier County's motion in opposition/motion to dismiss Second Amended Petition of The Cittzen's Political Committee, Inc. and James K. Kessler. Goptes to Net1Dorrill, Ken Cuyler, and filed. Grant Adjustment Notice dated 12/28/90 to BCC from Division of Emergency Management, Bureau of Public Safety Management, Gordon L. Guthrie, Director, Division of Emergency Management re Grant Number 90-CJ-67-09-21-01-007. Copy to Nell Dorrtll, and filed. Letter dated 12/26/90 to Chairman, BCC, from Department of Environmental Regulation, Jon M. Iglehart, Environmental Specialist re Collier County - WRR, File No. 111906455, Bay Forest Homeowners Assoc., Inc., application for dredge and fill activities. Copies to Nell Dotrill, Bill Lorenz, Frank Brutt (with map), and filed. Letter dated 12/11/90 to BCC from Tony D. McNeal, Engineer, Bureau of Coastal Engineering and Regulation, Department of Natural Resources, Request for Public Comment; File Number: CO-283 ATF; Applicant: Vanderbilt Gulfside Condominium Association, Inc., for a coastal construction control line permit. Copies to Frank Brutt, Harry Huber, and filed. Letter dated 12/21/90 to BCC from Tony McNeal, Engineer, Bureau of Coastal Engineering and Regulation, Department of Natural Resources, Request for Public Comment; File Number: C0-269 ATF, Edward R. Rolquln for a coastal construction control llne permit. Copies to Frank Brutt, Nell Dotrill, Bill Lorenz, and filed. Letter dated 1/3/91 to Commissioner Hasse from Guy L. Carlton, Collier County Tax Collector, re distribution of Current Ad Valorem Tax to the Board of County Commissioners. Filed. Memo dated 12/19/90 to members of the Housing Finance Authority of Collier County from John T. Conroy, Jr., Chairman, re Low Cost Loans. Filed. Minutes received and filed for the Golden Gate Citizens Advisory Committee Meeting of 11/2/90. Minutes received and filed for the Library Advisory Board Meeting of October 25, 1990. Page January 15, 1991 15. 16. 17. 18. 19. 20. 21. 22. 23. Notice to Owner dated 12/28/90 to D.N. Higgins, Inc. and BCC, from Green Thumb Nursery under an order given by D.N. Higgins, Inc., for landscaping and sprinkler systems and sod for Collier County South Service Area, W.W. Transmissions Facilities, Contract 4, Stations #3.03, 3.01, 3.06, 3.02, 3.12, 3.08, Lely, 3.09, 3.13. Copies to Steve Carnell, John Yonkosky, and filed. Notice to Owner dated 12/28/90 to H. D. Rutledge and BCC from Neff Machinery under an order given by Carter Contracting for equipment rental for Collier County Health and Services Building, Building "H". Copies to Steve Camell, John Yonkosky, and filed. Notice to Owner dated 12/27/90 to BCC from The Glidden Company under an order given by Clavelli & Company for paint and related materials for the North County Wastewater Treatment Plant. Copies to Steve Camell, John Yonkosky, and filed. Notice to Owner dated 12/27/90 to BCC from Reeves Southeastern Corp. under an order given by Pro-Link Fence & Wire for fencing and related products for Lely Resort Master Pump Station, Pro3ect No. 88022. Copies to Steve Camell, John Yonkosky, and filed. Debbie Skrzynskl vs. Collier County, Case #91-0015-CA-01-WLB, Petition for Writ of Certiorari and Other Relief dated 1/3/91, Argument in Support of Petition and Appendix to Petition. Filed. Debbie Skrzynski rs. Collier County, Case #91-0015-CA-O1-WLB, Amended Notice of Administrative Appeal dated 1/3/91. Copy to Nefl Dorrill and filed. Memo dated 1/2/91 to BCC from Sheriff Don Hunter re Sheriff's Confiscation Trust Fund, Fourth Quarterly Report - 1990. Copies to Neil Dotrill, John Yonkosky, Mike McNees, and filed. Letter dated 12/28/90 to BCC from Steve Lamb, Director, Water Use Division Regulation Department, South Florida Water Management District, re Phase I Water Shortage Declaration for the Coastal Collier County Water Use Basin and the Caloosahatchee River Watershed-South Water Use Basin. Copies to Neil Dotrill, Mike Arnold, and filed. Letter to Commissioner Hasse from James F. Holmes, Regional Director, United States Department of Commerce, Bureau of the Census re BCC's response to the Census Bureau's Postcensus Local Review counts. Copies to Neil Dorrill, Tom McDaniel, and filed. 000 , 105 Page 42 January 15, 1991 There being no further business for the Good of the Gounty, the meeting was adjourned by Order of the Chair - Time: 5:0~-~.~.. ' · - ~,'... BOARD OF COUNTY COMMISS]i~)~ERS BOARD OF ZONING APPEAL~.2~.X OFFIOIO GOVERNING BOA~mS SPEOIAL DISTRICTS UNDO:ITS CONTROL :" , .~ C. ,'. P~TRICIA ~NNE ~d60~IGH~ ~- C~RMAN ATTEST: JAMES ~. GILES, OLERK ~hese minutes approved by the Board on ~~ as presented ~ o= as corrected 000 108 Page 43