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BCC Minutes 04/18/1989 R Naples, Florida, April 18, 1989 LET IT BE REMEMBERED, that th~ Board ot County Commissioners in and for the County of Collier, and also acting as the Board of Zoning Appeals and as the governing board(s) ot 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 SaSSIeR in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Burt L. Saunders VICE-CHAIRMAN: Max A. Hass",-, Jr. Richard S. Shanahan Michael J. Volpe Anne Goodnight ALSO PRESENT: James C. Giles, Clerk; John Yonkosky, Finance Director: Maureen Kenyon and Ellie Hoffman, Deputy Clerks; Neil Dorrill, County Manager; Ron McLemore, Assistant County Manager; Tom Olliff, Assistant to the County Manager; Ken Cuyler, County Attorney; Kevin O'Donnell, Public Services Administrator; George Archibald, Transportation Services Administrator; Leo Ochs, Administrative Services Administrator; Frank Brutt, Community Development Administrator; Mike ArnoJd, Acting Utilities Administrator; William Lorenz, Environmental Services Administrator; Harold Huber, Technical Serivces Supervisor; Sue Filson, Secretary to the Board; and Deputies Tom Storrar and Sam Bass, Sheriff's Office. I Page 1 - --- '----- APRIL IB, 19B9 Tape #1 Ite. #3 AalXDA .uro COJfSEXT AGEXDA - APPnOVlD WITH CHAJrGKS Co_i..ioner Shanahan aoved, .econded by Co-i..ioner Ba... and carried unaniaou.ly, that the auertda and con.ent agenda be approved with the following changes: 1. Item 12F - re discussion involving water availability and water pressure on Marco Island - Added at request of Commissioner Shanahan. 2. Item BB re consideration of amendment to expand authority pur- suant to the weed abatement ordinance to be heard at 1:00 P.M. 3. Item 12G Added - re indigent health care bills in Tallahassee - Added at request of Commissioner Goodnight. 4. Item lOB Added - re asking DCA to stay the administrative hearings procledings r~lating to the Comp Plan - Added at request of County Attorney Cuyler. Ite. #. MIJroTKS OJ' BeC REGULAR MXrrIRG 01' KARCB 28, 1iSi - APPROVED AS PUSD'nD Co-issioner Bas.e .oved, snconded by Co_i.sioner Shanahan and carried unani,ou.ly, that the ainute. of the BeC Regular aeeting of March 28, 1989, be npproved - pre.ented, Ite. #ðA ZMPLOYU: SZRVIC!: .\NARDS - PRltSmrnD Employee Service Awards were presented to the following employees as indicated below: John Askew, Road & Bridge Dept. 15 years Gail Watson, Library 10 years Patricia Lehnhard, Agriculture 5 years Julie Fallon, Planning Dept. 5 years Ite. #ðB PROCLAMATIOR DZSIGRATIRG APRIL 23 - 29, 1989, AS "PROnSSIORAL SECRrrARIZS WEB" - ADOPTED Upon reading of the proclamation, Co_i.sioner Goodnight aoved, ..cended by Co_i..iener aa..e and carried unaniaou.ly, that the procl...tion de.ignating the we~k of April 23 - 29, 1989, a. "Pr():~..'..ional Secretaries Week" be adopted. Barbara Pedone, Executive Secretary to the County Manager, accepted the proclamation and thanked the Commission tor their support and recognition on behalf of Proteasional Secretary's International. (; Page 2 M. - 0.___... . --,.--.. . --..-- .or. "....." ""00_., APRIL 18, 1989 It.. #&c PROCLAMATIO. DKSIGRATIRG TBK WEEX OJ' MAY 1 - 7, li8i, AS "RURSKS WEEX" - ADO PnD Co_i..ioDer Shanahan aoved, .econded by Co..i..ioner Ba... and carried unaniaouely, that the proclaaation designating the week of May 1 - 7, 1989, .. "Kur.e. Meek- be adopted. Ms. Marlene Gallagher, Cheryl Hartman, Kathy Lewis, and Pam Gwan accepted the proclamati~" and Ms. Gallagher, President or the local district of the Florida Association of Nurses indicated that they are proud and pleased to be honored ~ith this proclamation. I Page 3 .-----. _._-_.~..__._- .--........-----..-....---....., APRIL 18, 1989 It.. nA TIKB&R LAXK POD PROCESS TO BE IRITIATKD IKCORPORATIRO RKSPORSE TO PRIMARY REQOIRKMEKTS ARD DEVELOPER TO COKTIKOK CORSTROCTIO8 CORSISTEWT WITH ALL UQOIRJD(JDfTS SOB..1KCT TO J'IRAL RKVIEN BY STAJ'J' Attorney Kathleen Passidomo, representing GMA Development Corporation, developer of Timber Lake Club at Summerwood, presented the Commission with a revised site plan, noting that the purpose of the hearing on March 21, 1989. was to obtain approval tor plar.ning services to initiate a development amendment to the Summerwood PUD and to allow further construction while the amendment process was occurring. She noted that the hearing was never resolved due t.o just concerns of the neighbors. She indicated that during the last few weeks, she has met on numerous occasions with the neighbors and have agreed to certain changes to the s~te plan, adding that the purpose of this hearing resulted from the continuation of the previous hearing to allow planning services to initiate an amendment to the PUD and at the same time to allow the continuation of construction. She stated that the Response to Preliminary Requirements Documents is a list of 16 items that were resolved with the :1.eighbors that the petitioner endor- ses. She indicated that these requirements should become part of the PUD amendment in order to satisfy the neighbors concerns. She noted that she would like to have Staff review these requirements during the process of the PUD amendment and in the interim, the developer would like to continue construction. She stated that the 16 items are not major items that would effect the location of buildings or the struc- ture of the site plan, adding that the only change that might be a consideration is moving the road further to the east. She nuted that the other concern is that the neighbors did not want the removal of the exotics in the buffer zone and the remainder of the items are additions. She stated that she would like concurrence of the Commission to continue construction. Mr. Tom Beaver, 345 Esther Street, representing the Coconut Creek Property Owners Association, stated that the Association feels comfor- table with the final drawing and specifications that have been pre- 1° Page' .. .-. -~. .-... '-'-".."-'. . "_.,,. APRIL 18, 1989 sented this date. He noted that they have reviewed all 16 items and have no reservations about allowing the developer to move forward with construction as long as these items are incorporated into the PUD document. Mrs. Deborah Culley, 303 Esther Street, stated that they have met with the Developer and he has been very cooperative, adding that they are in agreement with regards to the "Response for Primary Requirements". She indicated that there are no problems as long as these requirements are incorporated into the POD document. She stated that it there is a change in the future, they would like to be not if ied. Commissioner SaundArs stated that the procedure at this point should be to proceed with the PUD amendment and to stipulate that the 16 items in the "Response to Primary Requirements" be included in the PUD as well as the revised site plan. County Attorney Cuyler stated that on the "Response to Primary Requirements", there are a couple of items that are between the deve- loper and the property owner with regard to Item 15 and 16, adding that these wi 11 not be incorporated into County documents. He noted that with regards to Item 2, it will have to be reviewed by Staff prior to being incorporated in the PJD document. Ms. Passidomo stated that she was assured that the PDA process would take a fairly sh\Jrt time and the developer will start his construction wher~ the buildings are to be located and in the mean- time, these items can be reviewed by the Staff. County Attorney Cuyler stated that all proposed construction will be in accordance with the site plan that has been approved by the County. County Attorney Cuyler stated that with regard to Item 11, the buffer area, it is his opinion that it is not necessary tor the County to require the developer to remove the exotics from that buffer area. He stated that he has lc.oked at this issue and because of the cir- cumstances of this case and the fact that the PUD pre-dates the exo- Il Page ð - ...' -..--.......-..-. ..-...----. .~ APRIL 18, 1989 tics ordinance along with the tact that there is a specific provision in the PUD, the County will not flnd it necessary to require the deve- loper to remove the exotics. Coaai..ioner Saunders aoved, "econded by Co_i..ioner Sh4ft.8~.n, that Staff initiate the Planned tJrdt Develop_nt Aaendaent proce.. with the "Re.ponae. to Priaary R~~ire..nt." and .ite plan where appropriate a. deter.ined by Staff and that the developer be per.itted to continue construction.. long .. it i. not incon.i.tent with the review by Staff. Commissioner Volpe stated that he would like the motion to include the stipulation that the site plan be subject to final review by Staff. Co..i..ioner Saunder. aaended his action to include thi. .tipula- tion baaed on the fact that if there are any Change., Mr.. Culley and Mr. Beaver will be notified prior to any change. and Co..i..ion.r Sha~.~an aaended hi. second. Opon colI for the qu..tion, the action carried unaniaoualy. Ite. #9<:1 AGR&Do1fT J'OR UCJLUGE OJ' PROPDTY BJ:T1UU TJR SCHOOL BOARD AJro COLLID COOJlTY J'OR T1Œ IMMOE.\LU tlIDDLZ SCHOOL - APPROVED IR CURCIPT 80'1' 'fa K BROUGHT BACK: IX J'ORM OJ' F:ESOLO'I'IOR AJ'TKR ADV'DTISIXG Public Services Administrator O'Dvnnell stated that he is asking for approval with regards to the form and concept of this agreement as a resolution needs to be adopted after appropriate publication and legal notice. He nott!d that this property is commonly referred to as the Heath Property which is part of the Immokalee Community Park system. He indicated that the exchange will consist of approximately 1. acres, adding that an analysis was performed by Wilson, Miller, i>...rton, Soll & Peek, Inc. that indicated that the buildings could be refurbished and converted into appropriate recreational facilities. He indicated that the cost would be slightly in excess of $600,000 and it was proposed that this be done over 3 fiscal years, commencing with fiscal year 1990. He noted that th(!se facilities will include a gym- nasium. industrial arts room, cover walkways, locker room, weight ¡if" Page 6 '--'.""'" --""...".."--..-.- -- --... . . ".- ..-.".. """."""'..""""'" .. .. APRIL 18, 1989 training and the construction ot II soccer football field. He stated that Staff would be working in conjunction with the School Board tor the use ot the tacilities until .he new school is built. He stated that he ~nticipates that he will be able to come back to the Board in 30 days with the appropriate resolution ofticially authorizing the transfer of the property. He noted that the School Board has approved this transfer and they have indicated that they will help the County apply for public education constl'uction grants that could be applied toward the construction of the tllcilities and the rehabilitation costs at the middle school. Commissioner Volpe ~tated that the County will be spending $600,000 to bring these facilities up to standards, noting that he does not see much benefit to the County with regards to this exchange. Commissioner Goodnight stated that this will allow Immokalee to have a gymnasium without the $2 million cost to build one. She noted that the locker rooms and showers ~xist. which will also be a savings lit the time a swimming rool is constructed. Public Services Administrator O'Donnell stated that the $600,000 is a cost estimate what it will take to rehabilitate the existing facilities that will be acquired from the School Board and there is already $100,000 that has been allocated by the Board which was ear- marked for the Immokalee soccer/football field. He indicated that within the 14 acres, there is additional space that will accommodate the soccer/football ç' - ' ~ He stated that these facilities will be . . <::' . <.0. increased by this exchange. County Manager Dorrill stated that th'~ action does not commit the ~oard to $600,000 for this park, adding that these are plans to reno- vate over a number of year the facilities that will be obtained. He stated that the approval of this property swap agreement should be subject to future appropriations ao it relates to committing budget dollars, He noted that staff will have to present a plan to him tor the first year's renovation before anything is done. Commissioner Volpe stated that there will be an on-going cost tor /> Page 7 ---- ---"- . -0- """-""'."""""'~o, ",,'" APRIL 18, 1989 this property because of the existing buildings and the maintenance that they will need as well as inourance requirements and operational requirements. Public Services Administrator O'Donnell stated that the first $200,000 that will be budgeted will cover part of the rehabilitation and the overall operational costa. He indicated that as part of the analysis that was performed by Wilson, Miller. Barton, Soll & Peek. Inc. it was in excess of $300,000 for the renovation. County Manager Dorrill stated that if the Board is interested in determining the light bill and the insurance cost, which will be the only operating costs for the remainder of this year, staff can prepare this for the Board. Mr. O'Donnell stated that the only thing that was to be done this fiscal year was to proceed with the construction of the tootball/ soccer field and there is money appropriated for that. Commissioner Goodnight stated that there will be no cost to the Board this fiscal year because the School Board will still be using the property until their building is built. Mr. O'Donnell stated that the Parks & Recreation Advisory Board reviewed this property exchange and voted in favor of it. In answer to Commissioner Haase, Mr. O'Donnell stated that the County will take full control and title of the property and would be a County-owned facility. In answer to Commissioner Sh~~~han, Mr. O'Donnell indicated that the School Board would have tc apr,rly for the grant and then they would pass the money on to the County, adding that the chances of getting the grant are fruitful. He indicated that the funds are usually in the area of 6 figures. Mr. George Kell:::r, President of Collier County Civic Federation, stated that it appears that the $600,000 r~presents 60% ot the esti- mated cost of new construction, adding that the value of the buildings will not be anywhere close to the value of a new building. He noted that if the buildings are not worth anything to the School Board, d Page 8 - .~ ÞO_---..,--.-..--..... ----...,...-----...... -"" .'-"'."""""""""""'" APRIL 18, 1989 then he would doubt if they are going to be worth anything to the County. He stated that he does not feel that this is such a good deal. Assistant County Attorne~ Weigel stated that he prepared the docu- Alent but there was one follow-up check that he needed before he signed off, adding that the follow-up waf! that an engineer survey be pro- vided, which it was. Public Services Administrator O'Donnell stated that this proptrty meets immediate needs tor Immokalee and he feels that it is ::1 good deal for the County. He indicated that he is encouraging the Board to approve this exchange. CO8a1..ioner Goodniqht aoved to approve the agr-_nt tor the exchange of property behnHtn the School Board and Collier County tor the IJI8Okal- Middle School in concept, but not the $600,000. Commissior.er Volpe questioned if the property was appraised, to which Public Services Administrator O'Donnell stated that the formal appraisal of either site has not been done. He stated that they looked at acreage and compatibility and he felt that the County was getting a good deal. C088i..ioner Saunder. ..conded the action. Commissioner Shanahan stated that he would like to see the operating budget with regards to this matter. Commissioner Volpe stated the County will have improved property and the School Board is going to apply tor a grant. Public Services Administrator O'Donnell stated that the only thing the School Board does is pass a resolution indicating that they will be applying tor the grant, adding that the County will do all the ;.-aperwork, the reporting, and come up with the additional match money. County Manager Dorrill stated that this approval is subject to annual appropriations as it relateo to renovations. Upon call for the question, tho action carried unaniaoualy. ..... Rece..: 10:00 A.M. - Rec:c:mvened: 10:16 A.M. ..... Ite. ~Zl STAn TO IMPLDmJIT SPACK RUSSIG1OŒJfT PROGRAM ALORG WITH ASSOCIATED CAPITAL POJtCJL\SU - APPROVID - / Page 9 If> . -, -. . ~._---_._._-_..,--"-"", APRIL 18, 1989 Administrative Services Adminiutrator Ochs stated that this item is a recommendation for the Board 1:0 acknowledge the Administration's Office reassignment program and to authorize the necessary expenditure of funds to implement the particul~r moves. He noted that the current year's budget contains a series of appropriations for office renova- tion and associated capital purchases which were anticipated as a result of the opening of the new development services center. He noted that specific office assignments have been determined and are outlined in the Executive Summary. He noted that one move that is outlined that was not anticipated is the relocation of the County Attorney's office, and the staff supports this need. He noted that the estimated cost of t,le renovations is $395.557 and $299,000 is currently budgeted tor these purposes. He stated that an additjonal $96.557 would be needed from capital reserves to complete these reno- vations, including the renovation~ tor the County Attorney's antici- pated move to the 8th floor of Building 'F". He indicated that Staff recommends that the Board approve the reassignment and authorize the necessary budget amendments tor thin plan. In answer to Commissioner Volpe, Mr. Ochs stated that there w 111 be a savings of $20,000 annually by bejng able to movu environmental services out of leased space and back to the courthou~e campus. In answer to Commissioner Shanahan. Mr. Ochs indicated that he has a complete breakdown of all costs which he will supply th~ Board. County Manager Dorrill stated that the actual project budget for the budgeted renovations is $69,000 under budget. adding that he is expanding the budget to be able to accommodate the office neeùs of the County Attorney which has not been changed in over five years. He noted that their office space is very cumbersome, inefficient and tight. County Attorney Cuyler atated that he would like to thank the County Manager as he has been very attentive to his needs. Commissioner Volpe questioned hOI~ much money remains in Fund 301, to which Finance Director Yonkosky stated that there is over $2 Page 10 III - ".---... APRIL 18, 1989 8illion. C~aaioner Sh.nahan aoved, aeconded by Co_iaaioner Goodnight and carried unaniaoualy, that the apace re..aignaent progr.. and the capital purcbaa.s ..aociated with thi8 aove, be approved. It- #901 COIlTRAC1' WITH DO TO ACCEPT A 850,000 GRAJIT raft A LOCAL BAZ.I.RDOUS NASTa COLLKCTIO. CKRTKR AT TBK RAPLIS LAKDJ'ILL - APPROVED Environmental Services Administrator Lorenz stated that this is a request to enter into a contract with the DER to accept a $60,000 grant for a local hazardous waste collection center that will be located at the Naples landt ill. He stated that currently, the only alternative for proper iisposal of hazardous waste by small generators has been the amnesty days, adding that the collection center at the Naples landfill will allow for short-t~rm storage of hazardous waste materials. H~ noted that this will be material that can be legally transported to the collection center and the County will contract with a licensed transportor to remove the material from the center periodi- cally. He noted that the contract will commit the County to the construction of the collection center and for a two year period require the County to two annual mobile collections and to work with the licensed transportor to develop a monthly collection program from other small quantity generators where the transportor would go to and pick up material at that site. He noted that there is a budget for $100,000 to do the twice a year collection, adding that the capi- tal expense for the collection center itself will have to be budgeted next year. Commissioner Saunders questionl!d where the nearest collection center would be to the NapleB collaction center, and it there would be a problem of other counties bringing their material in to Collier County? County Manager Dorrill stated that the collection center could be set up the same way as the landfill, and if a person does not have a commercial account there, they would not be able to leave their Page 11 11 -" ~ O. .. ,~ .- --_,,_,...m_,....', . APRIL 18, 1989 material. Commissioner Saunders questioned it all the aspects of hazardous waste collection has been thought of, to which Mr. Lorenz replied affirmatively. Commissioner Saunders questioned it the Risk Management Department has reviewed the contract, to which Mr. Lorenz stated that there is no insurance that can be obtained tor environmental impairment. Commissioner Shanahan stated that on January 10, 1989, the Board directed that staff apply for this grant because there was a need and he would recommend that this be approved. Co_is.ioner SÞ~n~an aoved, 8econded by Co_issioner Baase and carried unaniaou.ly, that the Contract with DEft to accept the $60,000 grant tor a local hazardous waste collection center at the .apl.. Landt ill be approved. Page 12 ¡g --.......----.".......... ... .--............,.-... ,....-.......-.... APRIL 18, 1989 It.. ftB" øcC VACATIO8 SCUDOI.a I'ROM .1t71U 18 TBROOGB JULY 1 Ii, n8g - APPROVED County Manager Dorrill stated that two weeks ago, the options for the Board's vacation was discussed. He stated that two different periods are listed in the Executive Summary, but Staff prefers the dates of June 18 through July 15, 1989, versus the other listea date. He stated that as needs arise, there are special me~tings of the Board and whatever Commissioners are in town are requested to be present. He indicated that the only other important date in addition to the budget, are July 14th which is tho date that he must release the ten- tative proposed budget '"nd then the tentative millage rate would be adopted during the week of July 24th. He stated that the Board will begin their workshops around Auguat 1st with final public hearings being scheduled for two dates in the evening during the month of September. Coaai..ioner Volpe aoved, seconded by Co-i..ion.r Ba... and carried unaniaoualy, that the BeC vacation .chedule be fro. June 18 through July Iii, 1989. It.. ftB2 MICBAKL 1:. AR80LD APPOIRTZD AS CTIL~TIES DIVISIOR ADMI8ISTRATOR County Manag~r Dorrill stated that the County Manager's ordinance requires the County Manager to seek the Board's confirmation of appointments of division administrators and he is pleased to submit tor consideration the appointment of Michael Arnold to fill the responsibilities of Utilities Division Administrator. He noted that Mr. Arnold meets and exceeds the req'..drements of the job, adding that based on his work experience with the County, he has his confidence. Co_i..ioner Goodnight aoved, .econded by Co_i..ioner B.... and carried unaniaouely, that Michael II:. Arnold be appointed.. Utiliti.. Divi.ion Adaini.trator. Commissioner Volpe questioned what the salary range would be, to which County Manager Dorrill stated that his present salary is around $50,000 and the entry level is $53,000, adding that he will be 5 or 6' If Page 1'1 -..- .~ ~.. .._.,.-..~,-,-._.,"-",- APRIL 18, 1989 above the entry level. Commissioner Volpe questioned tlho will replace Mr. Arnold in his current position. to which County Manager Dorrill stated that Tom Conrecode is currently in that position. acting, and he will remain in an acting capacity tor the next 60 days and then a decision will be made. Ite. #lOA TWO ADDITIOXAL ASSISTAXT COOXTY ATTORKKYS ARC ORE RECEPTIORIST/TYPIST TO BU BIRKD BY TBK COtnrrY ATTORKKY - APPROVED County Attorney Cuyler stated that this is a request to imme- diately hire two additional Assistant County Attorneys and one receptionist/typist, adding that h~ is in a serious situation in his oftice. He stated that he is desparately in need of additional attor- neys. He stated that he has kept up the quality of the work, but the response time is decreasing because there is not enough staff. He noted that the County is growing and the projects are substantial. He indicated that the County Attorney's office has not kept up with growth and that is because there hns not been office space. He indi- cated that now that he will be having additional office space he is requesting two additional assistant attorneys. He noted that there are potential funds in the other G&A account which will carry him over into the new budget year. In answer to Commissioner Hass~. County Attorney Cuyler stated that he will be asking for another attorney at budget time, and it may take him until October to interview and hire another attorney. In answer to Commissioner Shanahan, County Attorney Cuyle~ stated that he will not be having excess personnel but he will try to help more with the Real Property Department. Commissioner Volpe questioned if there is a way that the depart- ments could be charged for the attorneys, to which County Attorney Cuyler indicated that he does not want to get into spending a lot ot time billing variouu departm~nts for their time. He stated that it a person is totally dedicated to one department, it is easy to do the If Page l' -- . ..............--...,.-.. .-----.------. . .. . -- -..-.- APRIL 18, 1989 billing, but he does not want the attorneys to keep tract ot each item they handle and what department it involves as it is too time con- 8uming. Tape #2 Commissioner Shanahan questioned if these three attorneys will simply bring the Attorney's ottic,! up to speed? County Attorney Cuyler stated that he feels that a 4th attorney could be utilized but he would ne~d to see what the three additional attorneys can do first. Co..i..ioner Goodnight aoved, ..conded by Co..i..ioner Shanahan and carried unaniaou8ly, that the County Attorney i"'diately hire two additional Aa.i.tant County Attorneys and one reception1.t/typi.t. Clerk Giles stated that there are advantages to keeping track ot the attorney's time so that they do not waste time. Commissioner Saunders stated that it departments are being charged, there may also be a reluctance to contact the Attorney's Office when they should. County Attorney Cuyler stated that he will look at some modified system when they get to a point where they have some time to do that. Ite. #lOB ADMX.ISTKATIVE HKARIKG PROCESS TO CORTIKOE REGARDIRG STIPULATIORS OJ' DCA J'OK T1IZ COUJITY IS COMPREHDSIV1I PLAJf - APPROVED County Attorney Cuyler stated that he has motions due at the end of the week and the arbitration has been suggested and there nave been discussions with DCA. He stated that the County is embar~~ng on an arbitration proceeding subject to the Board's review of the contract and actual approval, adding that there is also the administrative pro- ~eeding that could continue or could be stayed. He stated that he had some discussions witp the arbitrator and his indication is that if the administrative hearings are going on at the same time, everyone is taking positions and it does not facilitate the arbitration. He stated that he contacted general counsel for DCA and he indicated that it was his understanding that there would be a stay of the administra- (~ Page 1ð - ..,- --.-.---"..-.,-.- -""""-"-"--'--- -"--..-....-.-.-. ...... ." APRIL 18, 1989 tive proceedings, adding that if the Board is in accordance with this to have the administrative proceudings ptopped while the arbitration continueR subject to termination anytime of the arbitration pro- ceedings and again a start-up of the administrative proceedings, then the DCA and the County can enter into a stipulation to that effect which will stay the admi~istrative proceedings. Commissioner Volpe stated that mediation has not progressed very tar and he does not see why the County would want to stipulate to a stay of the administrative hearing process. In answer to Commissioner Goodnight, County Attorney Cuyler stated that the contract for tp~ arbitration process will be in front of the Board next week. Commissioner Goodnight stated that she feels that the County should continue with the process and put DCA on notice. Commissioner Saunders stated that he was opposed to the mediation because of the issues, but he feels that it is up to the County Attorney as to whether he wants to proceed with the arbitration at the sall'e time he is mediating. County Attorney Cuyler stated that he is comfortable that the County will have a good position, but: the more time tor research and preparing, the better it is for the County. He stated that he does not really have a recommendation from the success or non-succ~ss of either process. Commissioner Shanahan stated that he is not in favor of a stay at this time. Co..i..ioner Volpe aoved, .e<:onded by Co-issioner S~n"".n and carried unaniaoualy, that the AdainJ.trative Bearing Proce.. continue end that there be no .tay. Ite. #l1Ala2 BUDGET AMKa~TS a9-1~6/167; 89-169/160; AND 89-162 - ADOPTED Coaai..ioner Shanahan aoved, aoconded by Co_i..ioner Goodnight and carried unaniaou.ly, that Budget Aaendaent. 89-1li6/1ð7; a9-lðg/160; and 89-162 be adopted. 11 Page 16 _._. _.~~."..........M.........,..-_... '....... . , ...- APRIL 18, 1989 Finance Director Yonkosky stated that the two budget amendments that have not been previously approved deals with the Budget and Office Management Department with regards to purchasing two t~rmina18 for a part-time analysis and temporary data clerk and the other one deals with the water pollution control, noting that they are requesting that $2,700 be removed from reserve tor contingency to take care of an unanticipated increase in budget transfers tor the Tax Collector's tees. ..... Deputy Cl.rk Boftaan replaced Deputy Clerk Kenyon at 11:10 A.M. ..... It.. #11C2 SKPTIJIBD 30 I 1988 COMP..:EBDSIVE AJnroAL J'IØAJlCIAL REPORT - ACCEPTED Clerk Giles stated that this is the third year that he hopes to achieve the Certificate of Excellence in Financial Reporting from the Government Finance Officers Association. He indicated that he ttòels that the report is an excellent one, adding that there has been a lot of time dedicated to the report by Finance Director Yonkosky and his Staff. He advised that the Letter of Transmittal and the statistical section of the report are a good overview for the Board of County Commissioners on how the County is doing. He extended special acknowledgment to Coopers & Lybrand for their thorough job, noting that they work very well with Staff. Finance Director Yonkosky indicated that it gives him great pleasure in presenting the September 30, 1988 Comprehensive Annual Financial Report. He advised that the financial statements were pre- pared by the Finance Department, and responsibility for their complet- ness, fairness and accuracy rests with the Clerk of the Circuit Court, as Chief Financial Officer of the County. He noted that the external auditors audit those financial statements and they give the Commission their opinion of the financial statements. Mr. Yonkosky reported that the audit of the financial statements has been completed by Coopers & Lybrand in accordance with Section 11.45 of Florida Statutes and Rule 10.550 Rules of the Auditor General If Page 17 ......d..,...-, --""""'-""'- .--- .-- ,,----... APRIL 18, 1989 State of Florida. In addition, he noted that the County's Annual Financial Report under Section 218 of the Florida Statutes is required to be submitted to the State and this is the basis for State Revenue Sharing. Mr. Yonkosky noted that the Annual Financial Report is comprised of two bound documents: the small bound book is a financial report which will be distributed to investors. financial institutions, rating agencies, federal and state agencies. and any other interested people of governmental financial statements; the large spiral bound book is a statutorily required document which is required to be presented to the Board or County Commissioners at a public hearing, and to the Auditor General or the State of Florida. This book contains the exact same information as the smaller report, but in addition, it includes the financial statements of each Constitutional Officer and the Auditor General's Report. He advised that the Auditor General's Report con- tains a management letter which is prepared by the auditors to be sub- mitted to the County, and contains comments regarding legal compliance and internal controls in County Government. He noted that Collier County's responses to the management letter and rebuttals are included in the Audito~ General's section. Mr. Yonkosky stated that Ms. Phyllis Jones of Coopers & Lybrand will p~esent her firm's opinion on the rinancial statements, and then he will provide a brief slide presentation. Ms. Jones advised that during the last year, the accounting pro- tession has come out with a number of new pronouncements that auditors must abide by, noting that one of which is a new standard opinion which is design~d to diminish the expectation gap between what the auditors said they were giving, and what the clients thought they were receiving. She ir.dicated that this provides more detail as to what the responsibilities of the auditors are. She advised that Collier County still has a "clean opinicln". Ms. Jones not~d that there is another pronouncement which deals with communications with audit committees. She stated that Collier /1 Page 18 ,.".-.-.-- ~------_.',_.,',"_a -.-. -"-----""-"-'«"". ..,. APRIL 18, 1989 County does not have a specific audit committee, therefore, the Board of County Commissioners is considered the audit committee. She advised that there are seven itet1s that she is required to discuss regarding the new pronouncement relating to communications: 1. The selection in any accounting polices which occurred this year - There were no significant changes. 2. Management's estimate ot significant items and conclusions - Two of the main numbers are reserve for doubtful accounts, specifically with EMS Services and Capitalization of Interest regarding construction projects - Management estimates have been reviewed and there are no problems. 3. Audit adjustments which could have a significant affect on the audit process - There were no significant audit adjust- ments this year. 4. Disagreements with Management whether or not resolved which could have a slgnificant impact on financial statements - There were no major disagreements. 5. Consultation with other accountants concerning accounting and auditing matters - There was no consultation with other accountants this year. 6. Major issues discussed with management prior to retention - Not applic¡:'.:,:e, since th:.s is the second year of a three year contract. 7. Serious difficulties encountered with Management related to the pertormance of the audit - There were no difficulties with Management, and they are to be commended on the work they provided. With regard to the Management Letter, Ms. Jones advised that there are 19 comments, a number of which are from the prior year. She reported that the County has made significant strides in addressing the comments from the prior year, and the remaining comments, par- ticularly those relating to the computer system, are being worked on this year. In answer to Commissioner Volpe, Clerk Giles advised that the expenditures do not exceed the appropriations. He indicated that the :"518,000 figure has to do with the difference between the revenues and the expenditures which were below appropriations. Mr. 'fonkosky stated that the financial statements are broken down into three major components: 1. Introductory Section - includes a list of the Elected Ofticials of Collier County and an organizational chart, as of 9-30-88. 2. Financial Section - includes the external auditors report, /0 the general purpose financial statements, footnotes, and com- j bining by fund, type, statements, and the account groups. Page 19 r '-'-- ""-"'----'."-""-- ~ "..~.-- --....- APRIL 18, 1989 3. Statistical Section - includes social and economic data, financial trends, and data relating to the fiscal capacity of Collier County. Mr. Yonkosky advised that the difference between the Financial Section and the Statistical Section of the report is that the Financial Section deals with the most current fiscal period and the Statistical Section deals with a 10 year period. Mr. Yonkosky provided a slide presentation depicting the following: 1. Interest earned - Collier County earned $7.3 million in interest last year. 2. Bar graph - A :ix year history of the growth in general governmental revenues which includes the general fund, spe- cial revenue, debt service, capital projects and fiduciary funds. 3. Total Revenues - $109 million. This includes all funds County-wide. 4. Total Expenditures - $101.3 million. 5. General Fund - Fund Balance Trend - $6.5 million. This fund dropped considerably due to a larger percentage of general fund reserves which were appropriated by the Commission tor 1988. 6. Property Taxes Levied and Collections - Total tax levied in 1979 was $33 million; 1988 tax levied was $125 million. 7. Assessed and Estimated Actual Value of Taxable Property - Total assessed value of property in 1979 was $1,198,000,000, compared to the value at January 1, 19B8 of $8,434,000,000. 8. Property Tax Rates On All Overlapping Government - This sche- dule shows the total millage rates for Collier County, and then the School District and the Independent Districts, including the City are added - Total mills 1979: 36.46; Total mills 1988: 58.17. 9. Special Assessment Collections - Total outstanding assessments are $6,253,000. This figure will triple within the next couple of years when the transmission and collection special assessments come on line. 10. Ratio of Net General Bonded Debt to Assessed Values and Net Bonded Debt Per Capita - In 1983 the ratio of net bonded debt to assesse~ value of the Parks GO Bonds was .0016, and the net bonded debt was $84.26. This figure is now $64.23, which indicates that Collier County's credit is very strong. 11. Schedule of Water and Sewer Bond Revenue Coverage - This indicates that the water and sewer system is healthy because it has a 2.14 coverage ratio as of the end of 1980. 12. Geographic Statistics - A strong indicator of the strength and trend of Collier County is the unemployment rate of 4-1/a, as compared to a state-wide unemployment rate of 5. U, and 5.2~ on a national basis. 51 Page 20 - ,---.-."'--.'-"'. .~, ~ - ..-- APRIL IB, 1989 Commissioner Shanahan stated that he is very impressed with the bonded debt p~r capita since it is as low or lower than any other county within the State. He noted that the unemployment figures are also impressive. Commissioner Hasse complimented the Clerk's Office on the Financial Report. Co8ai..ioner Sh.n.hen aoved, ..conded by Co_i..ioner Baa.. and carried unaniaoualy, to approve the Septe.ber 30, 1988 Coaprehenaive Annual J'inancial Report. Commissioner Saunders stated that on behalf of the Commission, he would like to thank Ms. Jones and Coopers & Lybrand for their second year in the preparation of the audit, and he looks forward to their third year. **NOTE: BOOK AVAILABLE FOR VIEWING IN CLERK TO BOARD OFFICE** It:- #12A APPOIJrTKU TO JlAPIdS BAY MAJlAGIDŒ1fT AD HOC ADVISORY CO'.UTTEK AS REQUUnD BY CITY OJ' RAPIdS - ALLD tlALBtTRJ( A1fD OOR BARBD APPOIJfTED A1fD CHA.RLES SJroMNAY TO SERVE AS AX ALTEMATE County Attorney Cuyler stated that he is drafting documents which will implement this item and they will come back before the Commission at a later time. He indicated that he is coordinating this with per- sons from the private sector. Commissioner Saunders noted that he received a request from Allen Walburn to serve on the Naples Bay Management Ad Hoc Committee. He indicated that he is a professional boater/commercial fisherman and he is recommending that he be appointed to the committee. Commissioner Has~e stated that County Manager Dorrill has suggested the appointment of Mr. Don Barber, who served on the Chamber of Commerce Bay Management Study Committee. County Manager Dorrill advised that he also received a letter from Mr. Charles Shumway, expressing a desire to serve on the committee. Commissioner Volpe indicated that Dr. Mike Steven expressed a desire to serve on the committee, but noted that he does not live in the unincorporated area. He stated that he believes that Mr. Shumway should be considered for this committee. fÎ' Page 21 - . . .... ---,-.--.---- .-. ".- APRIL 18, 1989 Collllllissioner Shanahan stated that he is recollllllending that Mr. Don Barber and Mr. Charles Shumway serve on the committee. CO881_ioner Baa- aoved, .econded by Co_i..ioner Saunder., to appoint Me_r.. Don Barber and Allen Walburn to t~e R.ple. Bay ~t Ad Hoc Advisory Co_itt... CO881..ioner B...e ...nded hi. aotion to include Mr. Charla. Shuaw.y.. ac alternate ...ber. Coaais.ioner Saunders accepted the ...Dd8en t . Upon call for the que.tion, the aotion carried unanl- aoualy. Iten #128 CB.\IRMAJI TO EXECUTK AGRKDOCfT DKSIGRATIRG COLLIER COOXTY AS THE StrBSTAn GJlIJITU D1IDER THE BCOKOMIC DISLOCATIOR .uro NORDR AD.Jt1Snmn ASSISTAJICB ACT - APPROVED Mr. John Tippins, Program Supervisor, Job Training Partnership Act Southwest Florida Private Industry Council, stated that request is being made to~ Collier County to act as the local elected official tor Service Delivery Area #20, which also includes Charlotte. Hendry, and Glades Counties. He noted that approval has been obt~ined from the other three counties. Mr. Tippins advised that this Is a federally funded program to provide job training for economically disadvantaged people. He noted that this is a partnership involving local elected officials and the Private Industry Council which is appointed by the Collier County Commission, adding that under the Interlocal Agreement of the four counties, Collier County will act as the lead County. He noted that effective July 1, 1989, under new legislation, there is a program entitled "Economic Dislocated Workers Adjustment Assistance Act" which involves $86,000, and will benefit the long term unemployed, <;hose who are on unemployment compen:;ation, and those who may loose their Job~ because of business failures. He indicated that those people would be eligible unrter this program for training. County Manager Dorrill noted that this program is the Successor to the former CETA program that requirqd a more direct County subsidy. He noted that this program is dc~e .1ndependen t of the County with .;,) f Page 22 --.--,.. ..---..-------,- .~ ------'-"'---"-'--"'-"'..."'" ....------ APRIL 18, 1989 funds that come through the federal level and through the Florida Department of Labor. He stated that Collier County is required to sponsor funding, tor which no County funds are involved. He advised that Collier County is the lead CI)unty since Lee County opted out of the program about three years ago. Caaai.sioner Goodnight aoved, aeconded by Co_iaaioner Shanahan and carried un.aniaoualy, to appr0?8 the Agr....nt d.aignating Collier County.. the sub-state grant.. uuder the Econo.ic D1alocation and Worker Adjuat8ent Aa.iatance. and that the Chair..u be authorized to execu 1: e ..... ::1 Page 23 .- . .."..,...~_...,.__... .. APRIL 18, 1989 It.. #12K ADVD1' I S I JJO, POSTIRG ARD .OTIJ'ICATIOR PROCEDURES J'OR PUBLIC PKTITIO.S - ST.uT TO ZVALOAß DPAlfSIOR OJ' PJlOCKDURKS .uro COSTS AJrD PUSEXT UC~uATIOJfS TO TBK BeC Commissioner Volpe stated that a number of people have come before the Commission regarding various public hearings, advising that the first notification they had was by reading about it in the newspaper. He indicated tha'.. the purpose of this discussion is to see whether or not there can be anything done to better communicate those agenda items to those people who may be affected. He indicated that Collier County' procedures are comparable to what is being done in surrounding communities, with the exception of posting. He noted that Collier County's posting takes place within 300' of the subject petition. the City of Naples posts within 500', and other counties post within 375'. He suggested that consideration be given to expanding the area of direct notification. He further suggested that notification be given to the various property owners' asfiociations or the civic asso- ciations, noting that the burden be placed on those associations. Commissioner Volpe noted that there have been discussions regarding the Manager providing an activity report of current events to be distributed which would impr:)V~ communications, and interested parties would have the opportunity to comment. Commissioner Volpe recommended that the area of property owners to be notified be expanded to 500' rather than 300'; and that a mechanism be developed so that the various associations can be notified. Commissioner Hasse concurred with Commissioner Volpe's suggestion to expand the area of notification, but indicated that many of the areas within the County are comprised of acreage. which would limit the number of people to be contacted within the 500' area. He noted that he believes that it is the County's responsibility to notify the people. County Attorney Cuyler advised that the expansion of 300' to 500' or 1,000' has a cost and Staff time involved. He noted that an addi- tional 200' in a densely populated area may include several more con- Í/I Page 24 . """"""'.........---.---. "'-- ... ...-.-..,-....-.......... APRIL 18, 1989 dollliniums. He stated that from a legal perspective, the Courts will hold the County to strict compliance with regard to notice require- ments. He indicated that it a system is set up to notify property owners associations, and if they request a notice and they do not receive it, they may come into a position ot standing. Commissioner Saunders stated that he feels that the idea of a Manager's report or some type of communication from the County to the general public in the form of a written circular is a good idea, but he strongly objects to any subscription type of service, or one where the County will be keeping lists of people who are desiring to subscribe to this. He noted that there are 130,000 people in the County, and a large perL!ntage would want to subscribe to this ser- vice. He indicated that there would be constant changes of addresses, and the cost would be substantial. He stated that once people begin to rely on a circular for notification, the burden on the Manager will be incredible. He noted that the jdea of expanding the arbitrary limit from 300' to 500' is something that the County can deal with, and he suggested that Staff consider this and advise what this will mean in the terms of Staff time, and the costs to the petitioners to pay tor the mailings. County Manager Dorrill advised tl:!\t the Manager's Office currently provides at no cost, or minimal costs, copies of upcoming agendas to any agency or business. He noted that if Executive Summaries or complete packages are desired, they are available at a cost every Friday morning. Mr. Dorrill stated that he would like to have the time to evaluate the impact of the ~OO' not if ication. He indicated that the recent ~CLF petition in Golden Gate required 12 certified return receipt let- ters, and by extending the notification to 500', this would require 26 letters. He advised that this involves Staff to obtain owner of record information from the Property Appraiser, researching each of owners of record, and preparing the mailings. He noted that there will be an increase in Staff work to expand notification to 500'. &1/ Page 2ð ~ .. ---.. ---..-..-..-. ..---.-----,,--- .. ...- APRIL 18, 1989 Commissioner Shanahan indicated that Statt's recommendation indi- cates that written notitication will be provided to the primary orricer or any Civic Association or Home Owners' Association that is affected by any public petition, and he believes that the present pro- cedures should continue to be followed, along with the additional recommendation. Mr. George Keller, President of Collier County Civic Federation, stated that many ot the problems can be avoided it there was a better posting procedure. He suggested that a metal stand, similar to those used by realtors, be used with a heading, 1. e. "Provisional Use", etc. He indicated that this will put the public on notice that a proposed change is to take place. C_is.ioner Shanahan aoved, seconded by Co_i..ioner B.... and carried unani80U8ly, to direct Staff to evaluate whether the 300' notification ahould be expanded, and if .0, deteraine what the iapli- cations arv in teras of cost; and evaluate _thode of posting on 8Ub- ject propertie., di.play ada, etc, and bring options back to the Board. Ite- #12C a 12D DISCUSSIOR RZ GROWTH MARAGEMEKT ZORIKG RI-EVALUATIOR PROGRAM AXD DISCUSSIO. RZ CO~ITIORS AXD ROTIJ'IC~TIOK IRVOLVIKG ADULT CORGRZGATE LIVI.G FACILITY RZZOKKS - STAJ'J' TO EVALUATE MZCBARISMS TO ESTABLISH DEKSITY RZQUIRKMZITS I R RURAL AR.!.AS; AKD EVALUATE ADDITIORAL LARGUAGE J'OR PUD I S APPROVED FOR THE I"UTURI Commissioner Volpe stated that the next two agenda items of discussion which he requested relate primarily to the new Comprehensive Plan. He noted two recent items which came before the Commission: Timber Lake PUD which was approved in 1981 and !Jat dor- mant for 8 years; and the Adult Congregate Living Facility in Golden Gate. He indicated that there are a number of PUD's which were approved and hav~ existed tor years. He noted that i:here is no method for evaluating these PUD's, and he feels this issue should be addressed. With regard to the example of the ACLF, Commissioner Volpe stated that the County Attorney advised that its use was consistent with the Comprehensive Plan, and the CCPC indicated its use was not (,~ Page 26 -"""""""-<-"-'--"--<""<"'"- ....._-". - , .. .. . ..,-,," n . --.-,--..----.-".--..--.,,".' .-..--.....,...,....."...-. APRIL 18, 1989 consistent with the Comprehensive Plan. He referred to the Youth Haven petition, noting that a unique approach was used to establish density: one child per five acres. He stated that he believes that the Commission should determine whether the Comprehensive Plan needs to be amended regarding the issue of densities in the rural areaR. Tape #3 County Manager Dorrill suggested that the Board ask the Planning Commission to evaluate the Zoning Ordinance for institutional uses where there are not so many gross units per acre, and ask them to develop with Staff's assistance, density unit equivalents tor insti- tutional uses, and then make recommendations to amend the ordinance. With regard to the re-evaluation process, Mr. Dorrill advised that the current Plan gave a three year window to go back and down-zone all existing uses that are no longer consistent with the Comp Plan. He indicated that the initial process would have undertaken an inventory of all existing approved land uses and comprising a list those pro- jects which were subject to down-zoning, and then evaluate and adjust the uses that are inconsistent. He advised that DCA felt that the evaluation should have been completed by August of this year. He indicated that he does not believe this is realistic. Commissioner Hasse quest~oned whether this indicates that the County can change a PUD that was approved in past years? Mr. Dorrill indicated that there is a time limit for the new PUD's. County Attorney Cuyler stated that if there is no construction under the old PUD's, the County will take the position that the zoning can be changed. He advised that a PUD approval will not be sufficient to establish any vested rights. Commissioner Volpe stated that part of this discussion is to con- sider having a time limit on the new PUD'S which will allow a deve- loper a certain period of time in which to do certain things, but the County should also have the right to re-evaluate that PUD it it is not used within that period of time. Commissioner Saunders indicated that the Comprehensive Plan states {p( Page 21 - .,.-.-.... d"....,.................. ...,....n.. APRIL 18, 1989 that all coD1lllercial zoning will be re-evaluated in two years from the date of January, 1989, and all other zoning that is not commercial will be re-evaluated in a three year period from January, 1989, and three years hence. He noted that he believes that the County is doing exactly what Commissioner Volpe is suggesting. Planner Blanchard reported that there will be a one-time maSR re- evaluation of zoning for all unimproved properties. He noted that another part of that same program is that there will be a re- evaluation on an annual basis of all zoning that was approved five years previously. H~ stated that this is where the "Five Year Use it or Loose It" phrase came trom. CoD1lllissioner Volpe stated that there are 150,000 planned and approved dwelling units which are POD's. He noted that someone will have to make the decision as to when the County should be involved in the zoning re-evaluation program as to whether or not those PUD's should come into the new Comprehensive Plan just as they are, adding that no one will be re-evaluating anything. He indicated that this is an important issue for managing growth. County Attorney Cuyler indicated that the mass re-evaluation is for consistency, and the second five year evaluation is geared toward the appropriateness of a PUD under today's circumstances. CoD1lllissioner Volpe questioned whether the question of density in the rural area was identified? He suggested that there be some guide- lines relating to density. Assistant to the County Manager Olliff stated that Staff can approach Icard Merrill to determine if there is language that could be placed in the PUD documents to put the petitioners on notice. Development Services Administrator Brutt indicated that one of the ways to solve this jssue is to have a condition of approval, stating that substantial activity on the site must take place within 2' or 36 months. He noted that in setting up long range goals, Staff should be able to provide the Commission, at any ~jven time, under -roday's current program and plans what the potentiul density, population, and / (p':> Page 28 ~ "-----'-'~ ..._~.........~-_...,...._- ...,.--...-..--..............,.......-..... . .. APRIL 18, 1989 traft ic impact is. C~ssioner Volpe 8OVed, .econded by Co_i.sloner Baa.. and carried UA8D180U81y, that Staff be directeð to look into the i.sue of the ..cbani.. and advi.ability of establi.hing d.nsity require..nt. in the rural are..; and in connection with the zoning re-evaluatlon progr_, the advi.ability of including language in PUD'. that are approvwd for the future, ti.. require..nt. in which the developer.uat aove toward subatantial coapletion. It- #12J' NA'I'1IK AVAILABILITY AJI1) WATER PRESSURE OR MARCO ISL.\Jro - MAJlAGZR TO KXPLOQ NArD PROBLEMS a IMPACT OJ' PUBLIC SUETY; PRKPAU REPORT OR COUWTY/DZLTORA 30IRT BULK WATER AKALYSIS; ADVISE OF PUBLIC SERVICE COMMISSIOR'S AMARIRZSS OF PROBLEMS, AND BOW CUSTOMERS MAY REGISTER TRZIR CORCERXS AND GET ACTIOR J'ROM TALLAHASSEE Commissioner Shanahan reported that his office has and is being inundated with concerns over pressure and availability of potable water on Marco Island. He noted that he has reason to believe that there are both current operational problems and long-term concerns over new and expanded raw water supplies attecting Deltona's ability to operate this utility properly. Commissioner Shanahan read into the record a letter dated April 13, 1989, from Malissa L. Hawke-Shaver citing complaints about the water pressure on Marco Island, and the unavailability of water throughout the Island. (Letter on file in office of Clerk of the Board.) Commissioner Shana~an advised that the President of the Marco Island Civic Association told him that in order to flush his toilet he had to take a bucket of water out of his pool. C~ssioner S~n.h.n aoved, seconded by Co_is.ioner Volpe, to direct the County Manager to explore and report back to the County Co-i.. ion in two weeks, the following: 1. Deteraine the current pressure. and .torage voluae. tor .arly aorning and evening .ituations on Marco Island. 2. Deter.ine th. public .afety i.pact of pre. sure .hortage. on the fire departaent'. ability to fight fir... 3. Prepare an interi. report on the CountY/Deltona joint bulk water analy.i. and advi.e on the expected coapletion of a final report. c.,~ Page 2St .. ._---_.~_. --..-..... "~,,. - --.....------....-...-.... .. APRIL 18, 1i89 .. Deteraine and report the extent to which the Public Service Co..i..ion i. aware of eervJce pre.aure proble.. on Marco I.land and ~~vi.e bow cu.to..rs..y register their conceme to get action fro. Tallaha.see. Acting Utilities Administrator Arnold stated that Staff contacted the Utility on Marco last week, offering assistance or expertise, but they declined the offer. He indicated that they advised that they temporarily lost their telemetry system, but it was now up and running again, and they were having no problems, other than the pressure restrictions which were mandated via South Florida Water Management District. Mr. Arnold advised that Staff contacted the PSC to see what the situation was from theJ~ perspective, but they stated to their knowledge, they had not been receiving phone calls. He noted that the PSC indicated that if the County is receiving calls of complaints, they should be directed to the Department of Consumer Affairs within the PSC. Commissioner Shanahan stated that both Mrs. Hawke-Shaver and Dr. DeCarlo in Gultview Condominiums have put their units up for sale because of this situation. County Manager Dorrill indicated that Staff can perform the eva- luation and report back to the Commission within two weeks, hopefully with the assistance of the Utility on Marco. Upaa call for the que.tion, the aotion carried unani80U8ly. Mrs. Charlotte Westman noted that years ago when the County was considering the purchase of the Marco Island system, one of the problems that arose was underground leaks. She inquired as to whether there had been any follow up on this? She advised that at une period of time she experienced repeated occasions where there were shells and sand in the water pipes. County Manager Dorrill indicated that there has not been any pursuit of this, but noted that hopefully, with the assistance of the utility, operational problems, piping, valving, pumping and storage areas will be explored. (;1 Page 30 -.- ",,-----~,,-, . - .. - ~._----_... ,. -- ~... '."'-.""-"'.'."..""-"".- APRIL 18, 1989 It.. -120 IRDI~ RWATTR CAftK BILL (STATZ LEGISLATURE) - COWTI.vzD TO ./28/89 Commissioner Goodnight reported that there are two bills: a House Bill and a Senate Bill supporting Indigent Health Care through a cigarette tax. She suggested that the Commission go on record by sending a letter to Tallahassee indicating support of the two Bills 4S a way to help fund Indigent Health Care in the State or Florida. Commissioner Saunders au ked County Attorney Cuyler it he has seen the Bills, to which he replied negatively. Commissioner Saunders indicated that he does not have a problem in concept, but he would like to see what the en~ire Bill says. He questioned whether con- tinuing this item tor a week would create a problem? Commissioner Goodnight stated that there is no problem in con- tinuing this item until next week. She noted that there is also another Bill that the Board should review. She advised that it rela- tes to the Criminal Justice Committee, which will consist or a CollUllissioner, State Attorney, Public Defender, and Circuit Judge, and three appointments will be made by the Governor. She stated that she feels that the Board should review this to see it consideration should be given to support this, but with control under the County Commission as to how the money is spent. C~.sioner Saunders aoved, seconded by Co..i.sioner Baas. and carried unaniaoualy, to continue thi. ita. until ./2ð/8i, and that the County Attorney obtain copies of both Bill. to be provided to the Co_ission. ... C~i_ioner Goodnight aoved, .econded by Co_i..ion.r Baas. and carried unaniaoU81y, that the following ite- under the Conaent Agenda be approved and/or adopted: ... It.. -1.D1 BID "-'-1318 1'0. .JACJ: AJfD BORE SERVICES TO COLLID COUJITY KATER-SEWER DISTJt2CT I S QOVDJrIJrQ BOARD - AllARDKD TO CABAKA CORSTRUCTIOW IR AJf AMOUWT ~ TO J:XCKItD $20,000.00 Legal notice having been published in the Naples Daily News on March 3, 1989, as evidenced by Affidavit of Publication filed with the {¡I Page 31 .. "_. .--..........."". . ----.-..--... .. APRIL 18, 1989 Clerk, bids were received until 2:30 P.M. on March 22, to consider Bid #89-1378 for Jack and Bore Operations. It.. #UK1 LAD TRAJ'J"OKD MDIORIAL GARDDS CKMETUY DIlED JfOS. ð7ð-ð81 See Pages L/. /- A. /- /J,7 Ite. .1.K2 LIMITED USE AGJtKDmXT BIlTWKD TBZ BOARD OJ' COO1lTY COMMISSIORRS AJID CORV&AA&S OJ'RAPL&S, IRC.. PROVIDIRO USE OJ' A PORTIOR OJ' TBZ IMMOEALKK AIRPORT OR MAY 7, 1989 J'OR A RALLY See Pages 4/- 8.{ - B,S It.. #1.G1 BUDGET ~~T IJI TBZ AMOOWT OJ' $77,ð9..00 RZCOOJlIZIJlG CARRY J'ORKAJU) ROM J'Y 157/88 J'OR TBZ POLLUTIOR CORTROL DKPARTIßXT IJI TBZ AMOOJIT OJ' 877,ð9..00 Ite. #1.H1 RZSOLUTIOJl 8~102, SOPPORTIJfO SERATIl BILL .67 RZGARDIRG DESIGR-BUILD CORSTRDCTIOJl BY GOVERKMEKT See Page Ij./-C. / Ite. #16B2 J'IKAL COJfSULTAJfT RAJlXIRG J'OR RJ'P .89-13ð2 MASTER LAJlDSCAPIBG PLAB, COJfST1UJC'TIOJl PI.A1fS AJID SPECIJ'ICATIOJfS, COIITRACT OOcuMExTS, .uro COJrSULTATIOJl J'OR IßDIU LAJlDSCAPIRG .uro IRRIGATIOR WITHIR TBZ LZLY OOLJ' ESTATES BKAUTIrICATIOR DISTRICT 1. McGee a Ioa.ociate. 2. A. 0a11 Booraan a Ioasociates It- .UI1 RESOLUTIOJl #89-103, REAPPOIJlT)aaJu OJ' ROGER PAUL BARVrl TO WIGGIJfS PASS AlmA ADVISORY COIMITTD: J'OR J'OUK YEAR TERM DPIRIRG APRIL ð, 1993 See Page 4/- D. / It.. #1..11 ATTDDA.8CK or J'OItMD RISI: MAlfAGER S1ŒRRY RYJroERS AT PJUtSOKAL IRJ't11n' TRIAL TO ASSIST COLLIER COO1lTY Ite. #1.1:1 CERTIJ'ICATIOJfS OJ' CORRECTIOR TO TBZ TAX ROLL AS PRESEBTBD BY THE PROPDTY APPRAISD' S OJ'J'ICIl 1987 No. 382 Dated 04/04/89 1988 Nos. 217-219 Dated 03/14-03/23/89 Nos. 220-222 Dated 03/23-04/04/89 t/t Page 32 - . ....,'-~.--- -.-..-.......,-.-..,...,-.--....- ." ~ . APRIL 18, 1989 1988 TAKOIBLI P¡RSOKAL PROPKftTY Nos. 1984-95-97 Dated 03/05-04/06/89 Nos. 1985-145/146 Dated 04/07/89 It- #1..:2 SATISJ'ACTIORS OJ' LIZRS)'OR SERVICES OJ' THE PUBLIC DIJ'ZXDIR See Pages 4/- /I. / - rJ- II It.. #U1t3 MISCu.t.AJrKOUS CORRKSPOJroZRCI - rILED AJro/OR REl'IRJUtD 2 There being no objection, the following miscellaneous correspon- dence was filed and/or referred to the various departments as indi- cated below: 1. Letter dated 4/6/89 from Wanda A. Jones, Planning Manager, Department ot Community Affair~ requesting three copies of an annual audit report re the Small Cities Community Development Block Grant Program. xc: Neil Dorrill; Frank Brutt; Russell Shreeve; and filed. 2. Letter dated 4/3/89 from Philip R. Edwards, Deputy Assistant Secretary, DER, attaching final copy ot Consent Order OGC Case No. 89-0156 re violations noted in complaint with request that original be signed and returned to DER within 20 days of receipt. xc: Neil Dorrill; George Archibald; and filed. 3. Final Order dated 3/30/89 from DNR re Permit No. a CO-184 MI, Permittee Elizabeth Jason Corporation, Via Delf ino Condominium. xc: Neil Dorrill; Bill Lorenz; and tiled. 4. Western Union Telegram dated 4/7/89 from Stephen J. Cohen, Esq., of Jacobson, Cohen and Cohen, P.A., re death of Ronald Alan Madaffer, April 1, 1989 and a 19B4 Ford vehicle. xc: Ken Cuyler; Don Hunter; and tiled. 5. Letter dated 4/7 /89 from Stephen J. Cohen, Esq., of Jacobson, Cohen and Cohen, P.A.. re formal notice they represent Ronald Arnold Madaffer, Evelyn Gayle, Antonio Madaffer and Rickey Madaffer re respect to claims that may arise from death of Alan Madaffer on April 1, 1989. xc: Ken Cuyler; Leo Ochs; and filed. 6. Minutes A. 3/14/89 Golden Gate Parkway Beautification and 4/11/89 Agenda B. 4/12/89 Agenda - Golden Gate Master Plan Citizens Steering Committee C. 3/13/89 & 3/27/89 - Pocket of Poverty 7. Independent Auditor's Report dated 3/24/89 from Palmer Communications Incorporated re Supplementary Intormatio:. from Peat, Marwlck Main & Co. xc: Brian MacKenzie; Brenda Wilson; and filed. 8. Letter dated 4/5/89 from Leon N. Chitty, CPA, Director of Accounting to South Florida Water Management District. enclosing the September 30, 1988 financial reports of the SFWMD. 1(J Page 33 ,... ,...----...-...... .............-.--.......--...-." ,...- ., .... APRIL 18, 1989 9. Letter dated 4/5/89 from Jan Corbett, Corporate Trust Officer to Sun Bank, N.A. re Gulf Breeze Lc"':l!l Governltent 1985 C $1,800,000.00 Loan to Collier County Sun Bank, N.A. Trustee. xc: Ken Cuyler, Jim Giles, John Yonkosky; and tiled. 10. Letter dated 4/1/89 from W.R. Trefz, P.E. District Secretary, District One, Department of Transportation, re Section 03001/SR84 trom CR 951 to I-75 length 1.0 miles classified as a Local ROdd on the County System in accordance with cri- teria set forth in Section 335.04. xc: Neil Dorrill; George Archibald; and filed. 11. Letter dated 4/4/89 from W.R. Trefz, P.E. District Secretary, District One, Department of Transportation, re Section 03090/CR 846 from SR 45jUS 41 to SR 29 Length 32.920 miles reclassified as a major collector on County system. xc: Neil Dorrill; and filed. 12. Pre-Trial Statement re Collier County, ~lorida a political subdivision of the State of Florida, Plaintiff vs. Harold E. Krantz and Gwen Krantz, his wife, et aI, defendants received 4/10/89 from Brian P. Patchen, Esq., to Twentieth Judicial Circuit Court. xc: Neil Dorrill; Ken Cuyler; Frank Brutt; and filed. ... Recess 1:00 P.M. Reconvened l:lð P.M. ... It.. #88 COIISIDKJU.TIOIIS J'OR AMEJfDMZJrTS TO DPUD AUTHORITY PURSOAJrT TO TD MUD ABA'fa..-T OJlWIJlDCE - STAn' DIRECTED TO COM!: &ACE WITH RECOMMEJrnA'l'IO.S AS 'l'O SPECIJ'IC S~__~T CAR BE TAJCD Father Isaia Birollo, President of Collier United For Rights and Equality (CURE), stated that his org~nization represents 14 churches located in low and moderate income collUl:'tni ties of Naples, Golden Gate and Immokalee. He indicated that a major concern of the members of CURE has been the overgrown lots in their neighborhoods, noting that high weeds and brush serve as culverts tor criminal activities: beatings, robberies, assaults and break-ins. Father Birollo advised that his group has been working with Staff in the clearing of the majority of the lots, but their hands are tied tor the remaining lots due to the current ordinance which allows for weed control, noting that the problem areas have bushes and small trees. He stated that the desire of CURE is to have the heavily wooded lots, which present a hazard to local residents, cleaned out. Father Birollo reported that CURE and the Zoning Department have identified 58 remaining problem areas. He noted that last tall he was told that the inmates at the Hendry Correctional Facility could solve Page 34 '7/ ..... ._...,..,-_._...._..._.._.._...~-_. ._-.. . APRIL 18, 1989 the problem, but he has now learned that the contract with the Facility states that they will work in public works in Collier County. He r~quested that the problem of the lots be addressed, and that the Commission determine a solution. Father Birollo indicated that Commissioner Saunders has suggested: that the contract with the Hendry Correctional Facility be amended to allow the inmates to clean up the lots; and that amendments be made to the current Weed Abatement Ordinance. He noted that Commissioner Goodnight has suggested that the Exotic Plant Ordinance may be help- tul. Father Birollo stated that it has been 9 months since CURE has brought this dangerous situation to the Commission's attention, noting that during that time, 5 persons have been killed in these wooded areas, many have been robbed and assaulted and several homes have been broken into. He requested that this problem be addressed as a matter of priority. Commissioner Saunders indicated that Code Enforcement Supervisor Clark and Staff have been working toward clearing the lots that legally can be cleared under the current lot clearing ordinance, but" noted that there are several lots that do not fit into that category, and the County has no legal authority to clear those. He advised that he requested that Assistant County Attorney Wilson look into potential changes to the ordinance. He reported that he feels that an amendment to the Hendry County Correctional Facility contract would allow assistance through that source of labor, after the ordinance has been amended. He further reported that a local developer has indicated that once he has received the authority from property owners to clear the lots, he will u~e his equipment to do so at no charge to anyone, providing that he remains anonymous since he does not want this to appear that he is providing this work tor publicity. Assistant County Attorney Wilson advised that the first complaint~ regarding this item were brought to the County's attention by CURE. She noted that they should be commended for their work in identi~ying 1~ Page 3/\ '--....--...."""""-"'- . --..." ......,..-.........,-....-- APRIL 18, 1989 the lots and tor their assistance in prioritizing where the biggest concerns were. She indicated that or ig inall y there were 161 lots, 91 of which have been cleared. Mrs. Wilson stated that on February 3, 1989, she attended a meeting with Commissioner Saunders and Assistant County Attorney Weigel, noting that many issues were raised. She indicated that part of the process was a list of the problem lots that was received from the CURE group which had to be confirmed as to the accuracy of legal description and property owners. She advised that letters have been sent to all of the owners of the problem lots, advising that they may be creating some types of liability if dangerous activities occur as a result of concealment of subject lots, and asking tor consent to clear those properties. She indicated that Staff is waiting for consent letters from the property owners. Mrs. Wilson indicated that the Hendry Correctional Facility contract is in the process of being reviewed, noting that Public Works Administrator Archibald has been in contact with the person in charge of the Facility to see if the inmates could be used. With regard to amending the current ordinance, Mrs. Wilson advised that the original ordinance was adopted in 1976, noting that at that time it included garbage, trash, weeds, and natural unde~growth and the County had the authority to clear th~ lots if they were a fire or health hazard and within 100' of an improved property. She indicated that the ordinance was amended in 1984, and divided the types of public nuisances into garbage/trash and weeds, grass and undergrowth. She noted that the weeds, grass and undergrowth category allows the County to go onto mowable lots that are 50' or more mowable by bush hog type equipment, and if the height exceeds 18". She stated that other subjective considerations were incorporated into that amendment: if the properties involve the accumulation of mosquitoes or rodents; cause disease; affects or impairs the aesthetic value of the com- munity, or economic welfare of the surrounding area. She noted as tar as she can determine, these subjective considerations have not been 11 Page 36 - -....... ""'-"~""'- .."" "'".~--.- ...."...-.--'-'---- .. --_._"'-~-" -_. APRIL 18, 1989 utilized, adding that only the 18" height and 50' mowable have been considered. She indicated that the Board needs to determine how the ordinance is to be expanded, i.e. the height limitation, the type of equipment to be used, etc. She advised that one of the suggested amendments that could be included is to expand the language to include unrecorded subdivisions and plats. She noted that the exotics question has been presented, adding that there are current ordinances which require developers to remove the exotics if they are going to develop properties. Mrs. Wilson stated that another suggestion has been to extend clearing from the of the rights-of-way into the lots, I.e. 10 '. 12', etc., to solve the problem of persons concealing themselves next to the rights-of-way and jumping out to rob or molest passersby. Mrs. Wilson noted that the most recent concern that CURE has had is the fire hazard from these lots. She suggested considering amend- ments which would allow a case-by-case decision to be made to allow justification for the clearing. Commissioner Hasse stated that he concurs with the danger of this situation. He noted that there are drafts of ordinances on the books relating to loitering, prowling and camping which may solve some of these problems, and prevent these people from moving fro~ one place to another. He indicated that there are similar problems in the East Naples area. He requested that Staff review these ordinances to determine if they would be beneficial to the County by resolving these situations. Code Enforcement Supervisor Clark indicated that during the past 6 months 15 living units were demolished in the Immokalee area, and 23 units have been de~~lished County-wide. He stated that some of the undesirable people with criminal intent were using these abandoned buildings. He questioned whether there could be certain criteria within the ordinance which would state if criminal acts occur, the land owner will be notified, and if they fail to take corrective measures, the County would have the authority to declare that par- 11 Page 37 ...--..........-.-'.- , APRIL 18, 1989 ticular location a common nuisance, and would be permitted to clear the property so that it would no longer be a common nuisance? Mrs. Wilson replied affirmatively, noting that language could be included which addresses criminal activity. Commissioner Goodnight indicated that the following should be con- sidered for clean up of the remaining lots: 1. Extend the clean up from the rights-of-way to a certain por- tion of the lots. 2. Exotics that are covering the lots are fire hazards to adja- cent properties, and do affect the health, safety and welfare of the public. Mr. Clark questioned whether it would be difficult to develop cri- teria that would be defensible to these situations? County Attorney Cuyler i:ldicated that the types of things that Commissioner Goodnight is describing are the responsibility of the Commission to guarantee health, safety and welfare to the public. Commissioner Saunders stated that he believes that the Commission can list policy decisions, and direct Staff to come back with solu- tions to the problems. He suggested the tollowing: 1. Expand the Weed Abatement Ordinance to include unrecorded subdivisions and unrecorded lots. 2. Expand the Weed Abatement Ordinance to include properties which may not be lots that "re in residential areas, and bet- ween two houses. 3. Expand the Weed Abatement Ordinance to include a second cate- gory of lots to be cut, regarding the public safety aspect. 4. Clear areas that are within a certain distance of rights-ot- way. 5. Direct Staff to investigate the use of Hendry County Correctional Facility inmates to assist in lot clearing efforts, where appropriate and legally permissible. Commissioner Hasse concurred with Commissioner Saunders, but noted that he wants to make certain that the property owners that arc per- mitting the lots to become overgrown will be responsible for the cost of the clearing. Commissioner Shanahan indicated that he also agrees with Commissioner Saunders' suggestions, but noted that he believes that immediate attention should be given to the lots which are between two / Page 38 :/!> .-. ---"-'--'-""""""'" .-...,-..,.. .. ....,................, ,.".. APRIL 18, 1989 houses. Commissioner Volpe noted that he feels the question of safety, vagrants, loitering, etc. addresses one problem and th~ problem of lot clearing does not address those problems. He indicated that he believes that the way to address those problems are through the enfor- cement of the various ordinances that exist. He stated that entor- cement of the ordinances should be directed to the Sheriff's Office. He indicated that he has a problem with the suggestion of Item #4, since he does not feel that this is ~n issue that the Commission should be involved with. Commissioner Goodninht advised that the property in Immokalee which has the overgrowth of Brazilian peppers is owned by Seaboard Railroad, and they are not a resident. She noted that another pro- perty with Australian Pines is owned by a lady in Miami who has been contacted to obtain permission so the property could be cleaned up, and she responded negatively. She noted that in both cases, this situation is causing a nuisanc~ ~nd affects the safety of others. Deputy Storrar of the Sheriff's Office noted that the loitering and prowling Statutes are aggressively enforced in Immokalee. He stated that as an example, on Wednesday nights, there are 30-32 depu- ties on the streets in Immokalee, and a tremendous amount of arrests have been made. He offered another alternative to the Commission regarding manpower: Direct Staff to look at the legality of using persons sentenced on misdemeanor charges to community time, and uti- lize them to clean up some of the lots. Commissioner Saunders stated that this is a very good idea, and suggested that Stuff look into this. C~e.ioner Saundere aoved, .ecended by Co_l..ioner Goodnight, to direct Staff to advi.e the Co_is.ion a. to how the proble.. can be eolv8d: use the nece..ary re.ources, l.e. Bendry Correctional J'acillty lnaat.. or those who have been .entonced to Coaaunity Service: and report back - to the .paclfic stepa that can be taken. Tape #. 1f¡, Page 39 -......."........----..-.....- . -....---......---- APRIL 18, 1989 Mrs. Wilson questicned whether the amended langua\1e in the ordi- nance relating to the clearing of the lots should be limited to weed and \1rass clearing, or expanded to bushes, exotics, etc7 She advised that the present ordinance exempts Golden Gate Estates, but it does not exempt Pine Ridge. Commissioner Saunders stated that there is a specific type 0: a problem that evolves around public safety and amendments should be made to the ordinance which deals with that specific type of problem. He noted that there is crime associated with the subject lots, noting that there is not the same problem in Pine Ridge, and that provision of the ordinance would not be applicable to the Pine Ridge area. In answer to Commissioner Shanahan, Mr. Clark noted that many of the identified lots are unrecorded subdivision lots. He noted that the suggested language which includes unrecorded properties would alleviate some of the immediate problems. He stated that if the pro- perties were declared public nuisances, a certified letter could be sent to the property owner advising of same, and require them to remove this lot from that category, and should they tail to do so, the County would clear the lot and put a lien on the property. He further indicated that increased patrols from the Sheriff's Office will solve. many of the problems. County Attorney Cuyler advised that his office will coordinate with the CURE \1roup, and will provide a r~commendation to the CoDllllission. County Manager Dorrill indicated that there are a number of con- cerns regarding a 20 acre cypress swamp on the south side of Eustis Street in IDlIIIokalee, noting that that area would not be able to be cleared without creating additional problems. Commissioner Goodnight stated that she believes that situation has been solved since a Provisional Use has been granted to that site for a church. County Manager Dorrill stated that his final concern is that the County continue to look to private or institutional resources for 71 Pa\1e .0 .,.._--,.. '-'---'--"-- v. ",- APRIL 18, 19B9 doing the physical work and incurring costs on private property. He indicated that he has a problem with using County employees and the County's heavy equipment to improve private properties as the result of irresponsible property owners. Opon call tor the que.tion, the action carried unaniaoualy. Commissioner Hasse requested that the loitering, prowling and camping ordinance. be included as items tor discussion during the next two weeks. County Attorney Cuyler advised that these ordinances were pre- sented to the Commission in draft form, and the Loitering and Prowling Ordinance has been adopted. Commissioner Hasse requested that the drafted camping ordinance be presented tor discussion within the next two weeks. ... There being no further business for the Good of the County, the meeting was adjourned by Order of the Chair - Time: 2:20 P.M. BOARD OF COUNTY COMMISSIONERS/ BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) O' SPECIAL DISTRICTS u.DER ITS c:>o1rnQ1. ~ aU T L. SAUNDERS, CHAIRMAN ATTEST: IJ\\~~II " JAME~'~" 'GILi::å{ ,ÇLERK 4' zÇJ'~~ £}. c . OA....Jhe.e minutes<'approved by the Board on ~~,'t /ýef""7 q. . .-- as presented' ~ or as corrected 'jf Page 41 .,---.-..-.--.---,- .""'--""""-- -- .._. ....