BCC Minutes 05/31/1988 R
Naples, florida, May 31, 1988
LET IT BE REMEMBERED, that the Board of County Commissioners in
an~ 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 acc~rding to law and having conducted business
herein, met on ~his 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:
Arnold Lee Class
VICE-CHkIRMAN:
Burt L. Saunders
John A. Pistor
Max A. Hasse
Anne Goodnight
ALSO PRESENT:
James C. Giles, Clerk; Maureen Kenyon and Ellie
Hoffman, Deputy Clerks; N~il Dorrill, County Manager: Ron McLemore,
Assistant County Manager; Tom Olliff, Acting Community Development
Administrator; Ken Cuyler, County Attorney; Tom Crandall, Utilities
Ad8inistrator; George Archibald, Public Works Administrator: Kevin
O'Donnell, Public ServIces Administrator: Cliff Crawford, Parks &
Recreation Director; Nancy Israelson, Administrative Assistant to the
Board; and Deputy Chief Ray Barnett, Sheriff's Department.
Page 1
&00. 114 ~1",t 412
.. 114nr.r417
I~- 13
MAY 31, 1988
AGEJlDA - APPROVED WITH CHAlfGES
Co88daaioner Piator aoveð, seconðeð by Commissioner Gooðniqht anð
carried unaniaously, that the aqenða be approveð with the following
Cb8Dqea:
2.
3.
4.
5.
It.. 'SA
1.
Item 9D2 added re Sabal Lakes Unit One Subdivision - Water and
Sewer facilities Açc~ptance.
Item 903 added re Water facilities Acceptance - Pavilion Club.
Item 14El re dates for public hearing on the budget and taxes
moved to Item 9E2 and later in the meeting moved to Item 12E.
Item 12C added by Commissioner Class rc authorization for the
year end talk with the County Manag~r and report to ~e brought
back.
Item l20 added r~ work load and vacation period
SERVICE AWARD FOR LEONARD SPINDLE, ANIMAL CONTROL, 10 YRS. - PRESENTED
Commissioner Glass presented a service award to Leonard Spindle
It- 'SB
for 10 years of service with Collier County.
PROCLAMATIO. DESIGNATING JUNE 5-11,1988, AS NATIONAL SAFE BOATING
WEEK - ADOPTED
. Open reaðinq of the proclamation Commissioner Saunðers moveð,
aeconðe4 by Commissioner Hasse and carrieð unanimously, that the
proclaaation ðesignating June 5-11, 1988, as National Safe l~ating
.eek be a4opteð.
Page 2
.. 114 PJ'".f. 419
It- ISC
MAY 31, 1988
PROCLAKATIO. RECOGKIZIRG MARC ZOLTON FOR SPECIAL INVESTIGATIVE
UPORnJIG - ADOPTED
Upon Commissioner Glass reading the proclamation and presenting a
plaque to Marc Zolton, Co..is8ioner Pi.tor moved, seconded by
CO88i..ioner Haaae anð carrieð unanimously, that the proclamation
recoqnlzinq Hare Zolton of the Raples Daily News for Special
IDVe.tiqative Reporting be aðopteð.
Page 3
- 114,~421
lUll "M
MAY 3l, 1988
PUBL%C ~RI.G SET FOR JUNE 14,1988, FOR PETITIOM PDA-88-5C AND
DOA-18-2C, AlŒJrDING BRETTONE PARJe PUD AND DEVELOPMENT ORDER TO
DEf~ IF A SUBSTANTIAL DEVIATION EXISTS
Acting Community Development Administrator Olliff stated that this
i3 a request for the Board of County Commissioners to establish a
public hearing date for June ]4, 1988, regarding Petitions PDA-88-5C and
DOA-88-2C to determine if a substantial deviation exists for Brettone
Park.
Co8aiaaioner Goodniqht moveð, .econðeð by Commissioner Pistor anð
carried unanimously, that the public hearinq b. set for June 14, 1988.
It.. '9A2
A..1IßIt1AL CONTRIBUTIONS CONTRACT (ACC) WITH THE DEPARTMENT OF HOUSING AND
URBAJI DEVELOPMENT ( HUD) FOR SECTION 8 VOUCHER PROGRAM TO BE EXECUTED
Acting Community DeveJopment Administrator Olliff stated that this
item is a request for the Chairman to execute an annual contributions
contract with the Dept. of Housing and Urban Development.
He noted
that the COllOty has recently applied for and received l4 housing
voucher grants for a total of approximately $76,000 and he i~ asking
for"this contract to be approved !n order to have some housing
assistance funds avallable [rom the State.
Coaaiasioner Gooðniqht moveð, secondeð by Commissioner Pistor and
carried unanimously, that the annual contributions contract (ACC) with
tbe Department of Housinq anð Urban Development (HUD) for Section 8
Voucber Program be executeð.
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MOl{ 114 PJ~':' 427
MAY 3l, 1988
Xt- "Bl
RECORDATXO. IØ70RKATIO. PERTAX_I5G TO THE ACQUISITION OF ORANCE
BLOS8OJf DJUVE - COIfTIJfUED ONE WEEK
Public Works ^dmlnisliator Archibald stated that this is a recom-
Mendation to adopt and accept a re~olution for a road çight-of-way
that is 8 portion of Orðn9~ ~)onsom'Or¡ve as part of the overall
Eaerald Lake Developm~nt which is now broken into two primary pro-
jects; Woodbridge and Sleepy Hollow.
He noted that the developers
have constructed not only a portion of Goodlette-frank Road north of
Pi~e Ridge Road but also çonstructed approx.mately 2000 feet of Orange
Blossom Drive which extends from Goodlette-Frank Road to the east.
He
noted that it has been built to County standards and the right-of-way
that is proposed is lOO feet and in the long-term, this roadway will
function as a mlnor collector.
He indicated that he is asking appro-
val of a resolution to accept that right-of-way and that it become a
County maintained roadway.
He noted that there are stipulations in
this request involvlng a reverter whIch is based upon the way the pro-
perty has been conveyed In the past, adding that the reverter has the
intent of restricting the use of this roadway for the removal of
material that would be excavated from a quarry or a fill operation.
.
He noted that sInce the corrIdor is now 5ubJe~t to the Woodbridge
project and the Sleepy Hollow project and no on-Site m~terial is
planned to be excavated, Staff has no objection to accepting the
ri9ht-of-way with th~ rpv~rtpr claus~, but tð provid~ and insure for
Pag(: 5
MAY 31, 1988
the long term protection of the County, the resolution that has been
prepared also includes references to a resolution to establish weight
limits on the road but also makes reference to an agreement between
the property owners where, through restrictive covenants, the property
owners agree to accept the liability for any action that may occur in
the future that would Instigate that reverter clause.
He noted that
there is a18~ a requirement that the County will be held harmless for
any expense should that ever occur.
He noted that there is a resolu-
tion for road acceptance, a resolution dealing with establishing a
weight limit, an agreement with FP&L that addresses the right-of-way
of the entrance of that roadway and also the recording of an agreement
between the property owners.
He noted that as a result of the number
of agreements involved In this decision, staff is recommending appro-
val subject to the County Attorney reviewing and approving all the
applicable resolutions that are to be executed by the Chairman, and
also th~t the recording of necessary agreements by property owners
occur prior to acceptance of the deed.
Commissioner Saunders questioned if these documents have been
reviewed by the County Attorney, to which Mr. Cuyler stated that he is
not ready to sign off on these documents, adding that approval would
have to be subject to his review and if he cannot approve them, they
would be ~rought back to the Board of County Commissioners.
Commissioner Saunders questioned if there IS an urgency on this
matter, to which Mr. Pickworth, representing the property owners,
Page 6
aoo( 114 f~r.~ 428
.. 114 w~ 429
MAY 31, 1988
indicated that there is no urgency on this matter, adding that this
could be continued for a week but he was under the impression that the
County Attorney's office had reviewed these documents.
Co.missioner Saunders s~ated that he has no problem with this par-
. I
ticular petition but as a general r~le, it would be a better procedure
to have the County Attorney review these documents prior to the Board
approving them.
He stated that if it is not a problem for the pro-
perty owners, he would like to see this matter continued for a week
until the County Attorney has had a chance to review all the docu-
I8ents.
Coaai88ioner Saunðer8 moveð, seconðeð by Commissioner Hasse anð
c&rrie4 unaniaou81y, that the ðocument8 pertaining to the acquisition
of Orange Blos80m Drive be continueð tor one week.
It- '9Cl
REBoLOTIO. 88-129 RE A COUNTY-WIDE BEACH PARKING PROGRAM OF SOC PER
DAY - ADOPTED AND COUNTY ATTORNEY TO REPORT BACK TO BCC ON JULŸ 19,
1988 WITH FURTHER INFORMATION RE FEES
Parks & RecreatIon Director Crawford stated that this is a recom-
mendation that the Board of County Commissioners approve and implement
a County-wide beach parking program.
He noted that staff had ~ecom-
mended previously that th~ County mirror th~ beach parking program
implemented by the City of Naples, adding that the charge for indivi-
duals would be 52.00 per day for Tigertai I, Clam ¡;ass, and Vanderbi II
parks which are the only attended parking lots that the County
currently operates.
H~ noted that in order to avoid confusion of the
Page 7
MAY 31, 1988
prograa and make consist~ncy in order to implement this program on a
CoJnty-wide scale, staff IS recommending that the 50C per vehicle be
maintained.
He noted that the Board of County Commissioners recently
Made a budget amendment to the beach and water park operation blJdget
of 5101,000 which includes the payment to thû City for their beach
parking as well as an amendment to the Clam Pass budget to pay for the
traa operations at Clam Pass.
He noted that the salary expenditures
for the beach and water park ~peration'budget are 5153,800; operating
expenses are 5107,300; capital expenses less the purchase of Lcly
Barefoot Beach are 5553,979: the recent contract with the City of
Naples and Clam Pass IS 5101,000; which makes operating expense of
5926,079.
He stated that the current reV~ntJcs represent four dlf-
ferent categories; concesSion fees, permits, boat launching fees and
parking fees for a total of 5132,600.
fie noted that that this amounts
to an approximate net loss of 5793,479.
lie stated that if the
programs that are not directly related to the beaches are reduced for
one year as well as the City payment, there would be a net loss of
5488,082, which is not including the acquisition or development of the
Lely Barefoot Beach prop~rty.
He noted that h~ is recommending that
the existing parking fees of 50C per vehicle at Clam Pass, Tigertail
and Vanderbilt be maintained for any and all vehicles wishing to use
the parking facilities.
In answer to Commissioner Hasse, Mr. Crawford stated tha~ the
total bE'ach and WiJtpr htJrj<Jp~s includ,..g morp th.=,n just beach opera-
Page 8
&OO( 114 f,Sf.! 430
.. 114~431
MAY 31, 1988
lions; the C~unty is subsidizing those operations through ad valorem
taxation and other means of funding.
Co..issioner Hasse stated that the same sticker that is being uti-
lized by the City of Naples and the County residents could continue,
,
but those people that are from out-pf-state and out-of-county should
be charged 52.00 a day which was originally discussed.
"ape 12
Hr. Crawford stated that in order to develop any type of budget or
esti.ated revenues based upon non-residency vehicles is very difficult
to determine.
C0.8issioner Saunders questioned how many County residents are
using the County facIlitIes, if the vehicle count is 90,000, to which
Hr. Crawford stated that at the last count, there were 89% non-county
vehicles at Tigertail, and 58\ at Vanderbilt.
COfIRissioner Pistor questioned if the SlOO,OOO that the County
received from the State could be pa id bðck and then ðdopt ð program
like the Ci ty of Naples has for Tigertail, to which County Attorney
Cuyler stated that th1S 1S an option that has been discussed cut it
needs further invest1gating as it was indicated to him that there
could be a problem wIth future grants If there 1S a distinction made
between in-county and out-or-county residents.
Comm1SSJOner Saunders quest1oned 1f th1s could affect beach
renourishment grants, to Wh1Ch County Attorncj Cuyler stated that he
has not received ð clear posit1on on thIS, but it possibly could.
Page 9
-"."".-"-
MAY 3l, ! 988
C0Ø8í8Sioner Saunders stated that he would like this matter
checked into (urther as he docs rot want the County imposing a $2.00
fee for out-or-county residents and then find out that the County will
not be able to receIve $10 million for beach renourishment.
C088issioncr Glass stated that there still seems to be a lot of
una~swered issues and h~ would suggest thnt ther~ b~ some answers
before a decision 18 made.
C~issioner Saunders suggested that the proposal for saC a day be
adopted pending a change by the Board pf County Commissioners after
they have received more information concerning the possible implica-
tions of charging more for out-of-county residents.
The following people spoke against the proposed fee citing the
fact that it is discrim1nation; it discourages people from visiting
the beaches; it will not benefIt the County in the long-run; and the
need for a 1\ bed tax ins~ead of a beach parking fee:
Marjorie Ward, PresIdent of Citizens Association of Bonita Beach
and Barefoot Beach
Oavid Ward, representing Citizens Association of Bonita Beach and
Barefoot Beach.
Mr. Larry Basik of Marco Island indicated that one of the problems
in the area is the residents getting onto the beach, adding that the
out-of-county cars make up about 90\ of the vehicles at Tigertail.
He
noted that people from other areas of the State visit Naples beaches
because they are beautiful beaches and some of the beaches on the east
coast have been fenced off for the hotels, adding that this does not
aaGe 114 PI'.! 432
Page 10
~ll4~4~
MAY 31, 1988
allow the local residonts to have access to these beaches.
Co8ai.sioner Ha88e moveð that the County levy a $2.00 fee on the
utilization of the parking lots where there is an entrance guarð in
place at the present tiae anð at the areas where there'will be an
I
entrance booth, for people that ðo not have a sticker that was i8sued
by the City of Kaples in conjunction witb the County.
Co..issioner Saunders stated that he would have to vote against
this aotion because there is not enough information to determine if it
will i8pact the beach renourishment efforts and there is already one
ar~a where there is a contractual problem with the State.
Co8ai.sioner Pistor stateð tbat the motion woulð bave to be sub-
ject to tbe County Attorney findinq out that the wbole matter is legal
and it woulð not affect the County.
Commis8ioner Hasse 8tateð that he
would ..enð his aotion to reflect Commi88ioner Pi8tor'. 8tatement.
CO8Øissioner Saunders stated that he feels the information should
be presented before a motion is passed.
County Attorney Cuyler stated that he feels that the information
should also be presented first, adding that he has no problem with the
Boord charging more [or Oul~ide-COYnly re~idenL5 Lhon for in~ide-CounLy
residents providing the information is available to make the ~roper
deter.ination.
He stated that with regards to th~ issues that involve
the State, he cannot gIve an ~xact time limit as to wh~n he would have
the information.
CO8ai.sioner Gla8s seconðeð the motion and upon cali for the
Paqe11
MAY 31, 1988
qu..tion, tbe aotion fai1eð 2/3, (Commis8ioners Saunders, Goodnight
aDd Pistor opposed).
Co88i8sioner Saunðers moveð, seconded by Commi8sioner Pi8tor and
carried unaniaously, that Re80lution 88-129 with reqards to 5~ per
4&y for beach partinq be aðopted until the County Attorney has the
nec.ssary inforaation from the State and that this matter be brought
back to the Board of County Commissioners July 19, 1988.
þ-/~
53/-;
53~
Page l2
aooc 114 ~,~ 434
.. 114 W-! 435
MAY 3l, 198:~
It- '9D1
COLLIER COOBTY REGIONAL WATER SYSTEM - WATER TREATMENT PLANT CHANGE
ORDER~. J, HARRY PEPPER' ASSOCIATES, INC. - APPROVED WITH DELETION
OF PARAGRAPH 2 RE THE CARICA STORAGE TAlfIt WHICH WILL BE FURTHER
DISCUSSED OK 6/7/88
Utilities Administrator Crandal~ stated that this is a request for
approval of a Change Order to Harry Pepper & Associates, who is the
contractor for the Rcglonal Water Treatment Plant.
He stated that the
Change Order is in the amount of 2.62% of the contract for a total of
5123,620.27 of which 557,821.27 is for pipe and material that the
Co'mty wi 11 purchase 1 n order for t i!!'le to b( saved.
He indicated that
the pipe line from
have run into some
Metric Constructors is the off-site contractor for
the plant to the Carica Road storage tank and they
delays and the County asked for the Change Orders from Metric.
He
noted that Metric offered a higher price and a great deal more time
to co.plete the work than Harry Pepper & Associates did.
He stated
that there is a disagreement wIth the City of Naples on the v~lue that
should be paid for the replacement tank per lhe 1977 Interlocal
Agreement.
He slated that County staff is determining the value to be
in-kind replacement value and the.City is determining it to be the
actual cost of construction value of that storage facility which is
about 50\ difference in cost.
He noted that the alternative at this
ti.e is to by-pass the lank dnd tie into the system north of the tank
to serve the customers and then continue negotiations for the turn-
over of the tank.
Pa9~ 13
MAY 31, 1988
'I'&=,e , 3
C088issioner Hasse quE'.stioned what the original figure was for the
cO8plete turn-over of the tank, to which Utilities Administrator
Crandall stated that there was no figure given, adding that the
language states that the County will pay for a replacement storage
tank facility.
He noted that the replacement tank is a five million
gallon storage tank and the d:fference in the amount would be the dif-
ference in the sophisti~ation of the system, the size of the pumping,
the type of structure around the pump house, the re-chlorination facl-
lities, the piping and the emergency generator backup which were all
minimal at the Carica Road plant and now sta~c-of-the-art facilities
are being built at the new plant.
C088issioner Saunders stated that if there is a contract that is
.issing some significant Clements like price, there may not be a
contract and this is something that the County Attorney will have to
look into, but it does not really affect the Change Order.
County Manager Oorrill stated that he talked ....ith the Citll
Manager, adding that ~hIlc the County is beIng asked to assist the
City either In beach parkIng, dredging of Doctor's Pass, or any other
project, this project IS goIng to cost the County about 535,000 for
failure of th~ City to ~ooperatp with the County.
He stated that he
would ask that the Board delete this portion of the Change OrJer
recommendation for a week as he has been discussing at least agreeing
to place that portion of the rcrlacement water tanks value in escrow
,
Page 14
&001 114 Par.! 436
_ll4~4~
MAY 31, 1988
in return for making the existing planned connection at the Carica
Road tank.
He stated that one week's delay would potentially save the
County 535,000 and this would be in order.
Utilities Administrat~r Crandall stated that he would ask that
this be approved not to exceed this amount in order to expedite this
.atter.
County Manager Dorrill stated that he does not have ð problem with
approving this, but he is simply trying to save the County some money.
C088issioner Pistor stated that if the County Manager can reach an
agreeaent with the City, the loop around the tank may be not be
necessary at all.
Utilities Administrator Crandall stated that the other portions of
the change order are necessary and he would like approval for that.
County Manager Oorrill stðted that there are 3 or 4 portions to
this Change Order and only the portion that relates to the Carica Road
tan~ and the connection to Airport Road needs to be resolved.
CO88is.ioner Saunðers moved, seconðeð by Commissioner Pistor that
Cbanqe Order No.3 for Harry Pepper' As80ciates, Inc. ba approveð
with the deletion ot Paragraph 2 regarðing the Carica Roað tank which
will be discu88eð further on June 7, 1988.
Mr. John Kcschl questioned if the contractor named Metri~
Construction is out of North Carolina, to which Utilities
Ad.inistrator Crandall slated that they are out of Jackso~ville.
Mr.
Keach! questioned if the~e contractor's records arc ~hecked for safety,
Page 15
MAY 31, 1988
to which Hr. Crandall stated that all referenc~'s are checked including
safety references and records.
Mr. Chester Dobeck qu~stíoned if this will ~u?ply North Naples
with .ore water, to which Mr. Crandall stated that this Change Order
is part of constructIon that will allow for the tie-in to su~p1y North
Naples with more water.
He noted that the water main is already
installed from the water plant to the Carica Road storage tank and this
is a 8ðtter of some physical connections that need to be completed. '
Hr. Dobeck stated that the aquifers in Collier County are running
dry and questioned if lher~ ar~ any plans to recharge the aquifers, to
which Mr. Crandall st~t~d that t~ere is nothing in the near future,
but the County is usIng lhe same aquifer system as the City is l;sing
that is currently serving the same customers and, therefore, it will
not be a depletion of the aquifer system.
He noted that it would be
the same service except that the County will provide it instead of the
City.
Upon call for the question, the aotion carrieð unanimously.
Page 16
~ 114 ~YJ 438
,l
.. 114."., 439
MAY 31, 1988
It- "D2
BADAL LAKEB UKIT ONE SUBDIVISION - WATER AND SEWER FACILITIES
ACCZPTAØCE - APPROVED SUBJECT TO STIPULATION
Utilities Administrator Cranda11 stated that this is a facilities
I
acceptance for the wat~r ~nd sewer facilities that has been
constructed within the Sabal Lakes Subdivision which is on Radio Road
near Davis Blvd.
He noted t~at the water will be owned and operated
by the County Utilities DiVision and sewer will be leased back to
Sabal Lakes until central facilities are available and he is asking
for approval of this matter.
C088i.sioner Goodnight moved, seconðeð hy Commi8sioner Pistor and
carried unanimously, that Sabal Lake8 Unit One Subdivi8ion water and
sever facilities acceptance be approveð subject to legal ðocuments
being re-revieweð anð tounð to be legally sufficient by the County
Attorney'. Ofti~;PAŒS '1-73 - ~?'7
Recorðeð 1n o. R. Book IT,-,s-ages 276-289
It- "D3
WATER FACILITIES ACCEPTANCE - PAVILION CLUB - APPROVED
Utilities Administrator Crandall stated that this is an acceptance
for the Pavilion Club, ð condominium project behind the Pavilion
Shopping Center, Whlch is for water facilities only.
He noted that
the County will own and operate these facilities.
Coaais8ioner Gooðnight moveð, 8econðeð by Commis8ioner Pistor and
carrieð unanimously, that the vater facilities acceptance tor the
Page 17
MAY 31, 1988
Pavilion Club be approved.
Recorded in O.R. Book 1354, Pages 262-275
Itea '9B1
PURCHASE OF EKERGEØCT CARE SERVICES INSURANCE FROM WESTERN WORLD
IØSORABCZ COftPAXY FOR A COST OF $10,800 - APPROVED
Ad.inistrative Servlc~s ^dministrator Ochs stated that this item
is a request to purchase professional liability lnsur~nce for th~
County's Medical Director (Or. Robert Tober), EMT's, and Paramedics
from Western World Insurance Company. ,He noted that the current
contractural agreement b~tween the County and the County's Medical
Director requires the ColJnty provide professional liability insurance
to the Medical Director, adding that this përticular contract provi-
siDn in the past has not been activated because Naples Community
HOspItal has provided thIS professional lIabIlity insurance coverage
under their insurance.
He stated that In ^prll the h<.spital's
insurance carrier dropped the M~dical Director's coverage from their
insurance program and the County's Risk Management Director has nego-
tiated for coverage that would include not only EMT's and Paramedics,
but also the County's Medical Director.
He indicated that this
coverage has been negotiated with W~stern World Insurance Company with
limits of 5500,000 and the annual premium cost would be 510,800.
He
stated that the current flscal year's budget impact would be $8,468
which represents the annual premium less a $2,300 return of ~remium
from the current professional liability insurer for the EMT's and
Page 18
aooc 114 tOt'.! 440
.. 114ft? 441
MAY 31, 1988
Paral8edics.
He stated that he is requesting that this contract be
approved.
Co..issioner Hasse questioned why the hospital dropped the
coverage, to which Mr. Ocns stated that the hospital has a
self-insured program now and they are not willing to provide coverage
for the County's MedIcal Director, adding that the current contract
with the Medical Oirector also requires that the County provide this
coverage.
He noted that th~ hospital is facing the same liability
crunch as the County is and they are trying to cut their exposure
a190.
Co8aissioner Pistor moveð, seconðeð by Commissioner Hasse anð
carried unaniaously, that the Eaerqenay Care Services Insurance from
Western Worlð Insurance Company be purchaseð at a cost of $10,800.
Itea 19E2
'rillS I'rEM WAS ORIGIlfALLY ITEM 14E1 ON THE AGENDA WHICH WAS MOVED TO
ITEM t9E2 AND AT THIS TIME WAS MOVED AGAIN TO ITEM 112E
..... Recess:
10:20 A.M. - Reconvened:
10: 30 A.K. .....
It- 191'1
COLLIER DEVELOPMENT CORPORATION PROPOSAL ACCEPTED AND STAFF TO ENTER
IØTO ØEGOTIATIONS WITH GARGULIO '.GALLMAN FOR ADDITIONAL LAND SUBJECT
TO STIPULATIONS
Assistant County Manager McLemore stated that this item is the
proposed acquisition of ð facility to house a Development Services
Depa r tJlen t.
He noted that on March 1, 1988, the Board authorized th~
County Manager to reques~ proposals for a turn-key purchase of a new
Page 19
MAY 31, 1988
fa~ility to house the n~w Development Services Department.
He stat~d
that based upon the nature of the proposals, the Manager and the Staff
recognized that the analysis of the various proposals would require a
great deal of work, wisdom, knowledge and ability to take four dif-
fecent proposals and compare them and bring them to a final analysis,
therefore, the services of a citizens committee was requested to work
with Staff to analyze the proposals.
He noted that the committee con-
sisted of Rick Barber, Bill Jones, Dave Moyer, and staff people.
He
indicated that as a r~sult of this analysis, Staff presented the
report of the Selection Committee to the Board of County Commissioners
and reco~nded selection of the Collier Development proposal.
He
stated that the Board dIrected the County Manager to attempt to nego-
tiate an amended proposal from the top two firms and this has been
accomplished by way of a submitted report to the Board.
He indicated
that based on that report, it appears that the Board has three alter-
natives to work wIth, addIng that the first is to accept the unchanged
proposal of Collier Development Corporation as recommended initially
by the Selection Committc~ for a price of S3,28l,00O.
He noted that
the second alternative would be to accept the amended Gargulio propo-
sal which has been reduce~ from $5,020,000 to $~,800,000 and they both
provide for options to purchase additional land.
He stated that the
third proposal is to accept the Collier proposal for the con~truction
of the building and also to authorize the County Manager to negotiate
with Gargulio for the acquisition of their land for future long-terœ
Pagc 20
&00« 114fs"~ 442
.. 114,,~~ 443
MAY 31, 1988
construction needs of the County.
He stated that the objective is to
receive a decision from the Board as to which alternative would be
best for Collier County.
He reported that the servici~g community
I
felt that the Collier Development sitc would be a better servicing
location for thc construction in the development community.
He indi-
cated that there is a great dcal of information that needs to be deve-
loped on the existing site in order to make good judgments and good
decisions relative to the use of the land around the courthouse site
further growth and development.
He noted that the choice of going to
either proposal has different price impacts even though all the altcr-
natives have their own merits.
He noted that there is also a cost
advantage to the user com~unity if the Development Services Oepartment
is located away from the complex because of the cost of tne site and
the development of it.
He indicated that the Selection Committee felt
that the Collier Development proposal was best when all factors were
taken into consideration.
Comøaissioner Hasse questioned how much acreage is involved in the
different proposals, to which Assistant County Manager McLemore stated
that the Collier property has 3.5 acres, the Gargulio Phase! property
has 3.3 acres.
lie lndlcated that Collier Development has agreed to
give the County a three-year option for an additional 2.5 acres of
land or a total of an additional 4 acres at no cost to the County.
Hr. Rick Barber, representing the Selection Committee, stated that
they looked for the most inexpensive and quickest way to get this
Page 21
MAY 31, 1988
Develo~nt Services Building in place and it was felt that Collier
Develop8ent's proposal would do that.
He noted that some of the other
proposals had problems with regards to infrastructures like utilities.
He stated that the property adjacent to the courthouse was discussed
and it was felt that it would be important to the future expansion of
the government complex, but there should be a master plan completed
be~ore any future development is done.
C088issioner Hasse stated that in ~rying to expedite this matter,
no one is taking into consideration what is best for the entire County
and the need to keep all facilities in the same area.
Hr. Barber stated that the Selection Committee did not feel that
it would be necessary to keep the "one stop shop" at the courthouse
co.p1ex, but there will be uses in the future that will be nece~sary
to be adjacent to the courthouse.
He indicated that he does not f~el
thðt the County is moving too fast on the "one stop shop".
Hr. Gary Carlson, President of the Builders and Contractors'
Association, stated that after the report was made by the Selection
Committee, it was explained to him and he fully understands the
reasons for it.
H~ indicated that even though h~ was one of the
contractors that submitted a proposal, he accepts the reasons for not
selecting him.
He indicated that he feels that Collier Development
is the low bid and should be the ones to build the "one stop shop".
He noted that this project is going to stop a problem that exists at
the present time and the sooner the problem is cured, the happier the
Page 22
&00« 114ft.,~ 444
a. U .\ n".~ 4 45
HAY 31, 1988
contractors will be.
H~ stated that this will also give the County
tiae to prepare a ma3ter plan without having additional construction
going on at the complex and creating more of a parking problem.
He
noted that the purchase of the property adjacent to th~ courthouse is
I
a separate issue as thIs IS not something that the contractors would
be willing to purchase or be part of the overall expenses that will be
incurred through the increased cost of building permits.
Tape 14
C088issioner Saunders stated that he received a telephone call
fro. Hr. Gallman indicating that they own a piece of property next ~}
the courthouse that they would be interested in selling or developing
for the County for the long-term needs and questioned if other alter-
natives like this one, have been looked into?
Assistant County Manager McLemore stated that the thrust of the
activity has been to construct a facility by virtue of the free
enterprise system which allowed who~ver wanted to propose an alter-
native to solve th~ problem, to do so.
He stat~d that the private
sector on a turn-key basIs could probably come up with a less expen-
sive and better approach by virt~e of their flexibility in the
marketplace.
He reported that one altern~tive was to use some of the
existing land and anuLher alternative Wð~ Lu USe land adJðc~nt to the
courthouse and the Selection Committee was not prepared to make a
decision on this m~tt~r as th~'re were too many unanswered questions
with regards to parKing issues, additional building~, and the use of
Page 23
MAY 31, 1988
the property.
He stated that it was decided that before anything is
done, a .aster plan should b~ completed.
H~ stated that it was fe1t
that the Development S~rvices Building is a satellite function and
would better serve the user community at the Collier site because it
is in the center of most contractors and not far from the courthouse
cO8plex.
He indicated that the Selection Committee feels that there
is a zero loss situation with the Collier site because if it is deter-
mined in two or three years that the ~velopment Service Department
should be on site, then t~e facility can be put on the market and
would probably be a very profitable venture.
He indicated that this
situation will give the Board of County Commissioners the ability tc
plan for the long-term.
Co.missioner Saunders stated that it seems that the County is
losin9 track of what Collier County government is supposed to do,
adding that the County is regulating an industry and providing a ser-
vice to the industry in terms of turning over building permit applicß-
tions and to make the argument that this building should be put three
-iles away because it is in the center of more contractors is a justi-
ficetion that ie abourd.
lie :5tatcd that to tuque thðt the master
planning has not been done for the government site and therefore, the
building should be put elsewhere until a decision or a master plan is
cOtapleted, is also totally absurd.
fie indicated that the ma~ter
planning should be done first, adding that if lease needs to be rented
for a year that 1S fine, but buildings should not be built while the
Page 24
~OO( 114 Flr,t 446
~
~U4m4fl
MAY 31, 1988
~8ter planning is being done.
He noted that it was also stated that
this is the most inexpensive and quickest way to provide this faci-
lity, adding that he feels that this is not justification.
He indi-
cated that he feels that the Board of County Commissioners will be
making a serious mistake if a build~ng is built 2-1/2 ~iles away
because it is the quickest way to have a building for a new depart-
8ent, when the basic problem is getting building permits issued in a
aore expeditious manner.
He stated that takes people, which are beirg
hired, adding that this does not take a building.
He indicated that
the function of the building permit ~~tivitv, the regulations, che
erlviroo.ental review, the zoning review, etc. are governmental func-
tions that are servicing the community and not just building contrac-
tors.
He stated that he feels that the County is losing track of what
theIr function is.
He stated that hi: vote has been to support the
new department but his vote has also been consistently with doing some
~8ter planning and determining what land is available in the vicinity
of the government complex and building a building that will meet the
needs of the County for the next five or ten years.
Assistant County Manager McLemore stated that the Selection Com-
-ittee had a great deal of conçern for thp fact that the person coming
to the County for ð particular function has ð number of problems to
overcOØ€.
He stated that the property at the complex is already over-
developed and there is a lot of congestion involved as well as the
number of buildings that a person has to go to in or~er to complete
Page 25
MAY 31, 1988
his business.
He noted that there was a thought relative to the per-
so, who pays the bill and that is the citizen.
He indicated that
there has been some master planning done relative to buildings and
projection of space and that effort needs additional work, adding that
they are probably three years ago from getting the total process
underway.
Co8aissioner Pistor stated that the purpose of this study wa~ to
shorten the time to issue the permits and prevent the public from tra-
veling allover the com~lex in order to obtain a permit as well as
saving time for the staff.
He noted that part of the recommendation
is that the operation be kept off-site but in the future, there is a
possibility that the whole project might be brought back to the
cO8plex if there was proper space.
Assistant County Manager McLemore stated that this was the
thinking of the Selection Committee, adding that he would predict that
once this building is established he does not feel that the operation
would be brought back to the campus.
He noted that there is nothing
new about a satellite facility.
He noted that some improvements can
be aade through the addition of staff but to receive the real benefit
of this system, it needs to be handled in one general area.
Co..issíoner Coodnight stated that she would like to see this
operation moved off-site and she would also like to see the Commission
take an option on the c-:Jditional land from Collier Oevelopmelit ðS well
as negotiating for the Gargulio and Gallman property.
aGOI( 114 Plr,£ 448
Page 26
N8114~~449
MAY 31, 1988
Assistant County Manager McLemore stated that within two years
there will be a new Health Building and if this operation is off-site,
there will be an immediate relief of vehicle and pedestrian traffic.
He noted that ther~ is an extremely high rate of trip generatjons that
I
is relative to permits, adding that it would provide relief to the
caapus for a period of time.
In answer to Commissioner Glass, Mr. McLemore stated that the
develop.ent services organization will pay totally for the property
regardless whether it is on-site or off-site, adding that the Collier
cost that would have to b~ paid back by user f~es is approximately
5220,000.
He stated that the total building of 53.2 million would
eventually be consumed by Development Services, but in the first few
years some people that are currently paying rent would be allowed to
~ve into this building and pay their share.
He noted that between
Develop.ent Services and Utilities, approximately 80\ to 85\ would be
totally fee paid and the balance of the space would be paid by rentals
that the County is already paying for to lease space.
He noted that
there would be a zero impact on taxes.
He indicated that the addi-
tional property would not be utllizcd by Development Services and
there would be a separate source of funding for this which would be
included in future plans.
Co8ai..ioner Pistor moveð, seconðed by Commis8ioner Goodnight, that
staff recommendation tsc in the Executive Summary be accepted, which
ls tbe Collier Proposal with a 3 year option and a zero ba8e tor the
Page 27
KAY 31, 1988
a44itional properties anð to enter into negotiation8 witb Gargulio and
GalLaaD to purchase aððitional property for the present qovernment
caapus and that two appraisals be obtained for the Collier property,
th. Garqulio property, anð the Gallman property if nece8sary.
County Attorney Cuyl~r stated that if it is determined that
appraisals are necessary for the turn-key operatio~, it will be pro-
perly addressed in the contract and if additional land is to be
purchased, those appraisals will be maae.
County Manager Dorrill stated that the process that is being used
is a turn-key process for th~ building, the parking, the land, etc.
and the County Attorney's offic~ has told him to date that the
appraisals are not necessary, adding that t~rou9h the course of nego-
tiations if it is determined that an appraisal is necessary, he will
collpl y wi th it.
County Attorney Cuyler stated that originally the concept was ð
lease/option and under those circumstances, he did not feel that an
appraisal was necessary.
He stated that when turn key was ~iscussed,
he found the appraisal process to be far less relevant in this con-
text.
He stated that his discussion has always been that if an
appraisal is necessary and when it is necessary, there will be an
appraisal obtained.
Commissioner Saunders stated that he would like a written legal
opinion from the County Attorney as to the requirements of appraisals
in reference to this project.
Page 28
&00( 114 PI'.t 450
.. 114w.r.451
MAY 31, 1988
Hr. Ray DeAngelis, representing Mr. Gargulio, stated that in their
proposal they had a complete building in a 9 month period as opposed
to the Collier proposal of II months.
He indicated that there was
talk about the possibility of bringing this department back on site in
the future, adding that if there is no room on campus how, there will
not be enough room in the future either.
Tape '5
Mr. DeAngelis stated that he feels with their proposal they woulJ
alleviate some of the parking problems.
He stated that one of the
options is to go with the Collier Proposal and to negotiate for land
around the surrounding area, adding that thIS would be a very costly
decision.
He stated that he feels that it would be much easier to
finance such a department if it were on-site as opposed to off-site.
C0.8issioner Hasse stated that the County should not be in the
business of buying and selling buildings, and this department should
be at the courthouse complex because centralized government is the
best way to be effective.
Commissioner Pistor stated that by having the project built here
at the courthouse, it would be almost a 50~ increase.
He stated that
any future Commission could move this department back to the campus,
adding that he is willing to look at purchasing adjacent property for
future expansion of projects.
He indicated that there arc other scr-
vices that are needed in this County and he cannot see spending
excessive money on this project if it is not needed.
Page 29
MAY 31, 1988
Co..íssíoner Saunders stated that Staff has been ínvùlved in deve-
loping the Capital Im~rovement Element of the Comprehensive Plan for
the last 18 months and there is an element that deals with governmen-
tal facilities and some information has been generated as to what is
needed for the growth needs of the this County for the next 5 or 10
years.
He noted that Staff has indicated that some master planning
has been done in reference to the governmental site but it has not
been finished yet, adding that it is imperative that master planning'
be done prior to buIlding buildings.
He stated that he feels that
there are other alternatives that have not been investigated by staff
and the Gall_an possibIlity is one alternative, the possibility of
8Oving the health department to another site and using that site is
also another alternative.
He indicated that what the Board of County
Co.øissioners is being asked to do this date JS a mistake and the ser-
vices can be provided to the building community through the hiring of
new people, adding that there IS not a need to build a building until
it is known what to do with the land that is available on the site and
what is going to happen with the other governmental buildings.
i~dicated that he does not see the urgency of this matter.
He
County Manager Oorrill stated that he hopes that decisions are not
further delayed with regards to good government and good ser"ice at an
affordable price.
He reported that the County is to provide good
govern.ent at a good price with an emphasis on service.
He stated
that this is what he intended th~ entire issue to be since its incep-
Page 30
&OO( 114 Plr.~ 452
~ll4~4~
HAY 31, 1988
ti~n.
He noted that Staff has been crítí~ízed for moving too fast,
too soon, with not enough information, hiring too many people, all of
which Staff has attempted to explain in a rationale business type
fashion.
He noted that this project has been worked on for almost 9
8Onths and there has been a consistent need for changes in the process
as well as the additional people.
He indicated that the number one
probl~ is the service relateJ problem and the need to improve the
building, zoning, and community development functions in a rationale
fashion and to delay this decision now would not be the appropridte
decision.
He stated that the Board of County Commissioners has never
pr~vided for themselves throughout the year~ and now space has to be
rented for the Board of County Commissioners employees.
He noted that
last year, the County spent 5250,000 on rent which is not good busi-
ness.
He noted that the Board has devoted less than 10\ of all the
space of general government to themselves for the activities under the
Board of County Commissioners, adding that it is time that some good
money is spent on a good facility.
In answer to Commissioner Hasse, County Manager Dorríll stated
that every time the Board of County Commissioners delays a decision on
.
acquiring additional property next to the government site, it will
only cost more when a final purchase is contemplated.
Commissioner Saunders stated that he knows the needs for office
space and also supports the efforts of Staff in providing good govern-
.ent.
He stated that he feels that the County is moving too fast,
pagc 31
MAY 31, 1968
hiring too many people and not doing the planning, but this is also in
th2 context that he supports Staff and has continually supported Staff
on their efforts and will do so in the future.
He indicated that the
c~nt with regards to renting space not being good business is not
correct as there are many instances where it is good business to pay
rent and ~ny major corporations rent space because it makes good
business 8ense to rent instead of building under çcrtain circumstan-
ces.
He n~ted that some people will &lso argue that it is not good
business to pay d~bt s~rvice and interest on bonds, but in certain
circumstances long-term d~bt is a good business practice.
He stated
that the reality is that the County has not done the master planning
that needs to be done and a facility is going to be built because it
is a quick-fix, adding that this facility may be needed but it is a
.ístake to act on this at the time with the limited information that
is ava Hable.
Upon call tor the question, the motion carried 3/2, (Commi.sioners
Ras.e aDd Saunðers opposed).
C0Ø8issioner Glass stated that he looked at the Staff re~ommen-
dation and 85\ of the cost is t~ borne by user fees which is very
i8pOrtant to the issue and does not directly impact on the ad valorem
tax base.
He stated that he does not believe that this building will
ever be sold as he feels that it will always be a satellite building
and further indicated that it 1S very necessary to acquire the pro-
perty next door from the GarguJio family for future use so the County
Page 32
aoot( 114 PAq 454
'~'
..114w.r.455
MAY 31, 1988
can have soaething to plan for in the future.
Co..issioner Hasse slat~d that he feels the County should not be
getting into the real estate business and it is imperative to keep the
County co.plex in one location.
f f
C0.8issioner Saunders stated thðt he would like the written opi-
nion fro. the County Attorney in reference to the appraisals.
***** Recess:
11:45 AM. - Reconvened:
11:55 A.H. *****
It- "01
CBAIRXAX AUTHORIZED TO SIGN THE UPDATED COOPERATIVE FIRE CONTROL
AGJœ&ft6Jrr BETWEElf THE BCC A1fD THE STATE OF FLORIDA
E8ergency Services Administrator Reardon stated that this is a
fire protection service agreement between C~11ier County and the State
of Florida as required by Statute.
He noted that this provides fire
protection coverage of the forest and wild lands at a cost of 3C per
acre.
He noted that the contractural request for consideration is a
recurring request and last year the cost for that service was $23,435.
He noted that ð satellite resurvey has been done and the reassessment
has reduced that cost to 517,619.18.
He stated that he is r~questing
approval of this agreement.
Co8ai8sioner Pi8tor moveð, 8eçonðeð by Commis8ioner Goodniqht and
carried unani.ously, that the Cbairaan be authorized to siqn the
up4ated cooperative tire control agreement between the Board anð the
8tate of Floriða.
Page 33
MAY 31, 1988
It- 110A
RBBOLO"l'IOJI 88-130 EXTERDIl'G THE MORATORIUM ON THE ACCEPTUCE OR
PROCB8SrøG OF APPLICATIOl'S FOR CABLE TELEVISIOl' FRARCBISES UNTIL
OCTOBER 31,1988 - ADOPTED
County Attorney Cuyler stated that there is currently a moratorium
in effect on cable television franchises and there are certain fin-
dings in the resolution whic~ can be reviewed.
He noted that Staff
has been actively involved in the researching and drafting of the pro-
posed c08prehensive cable television franchise ordinance which is
.
estiaated to be presented to the Board by October 31, 1988.
He stated
that the purpose of the moratori~m is to be sure that the County does
not accept and process franchise application while the County is in
the process of determining this, adding that it is his recommendation
that the Board of County Commissioners consider and adopt the resolu-
tion that is being presented to them that declares a moratorium exten-
sion until October 1, 1988.
Attorney Donald Pickworth representing Palmer Communications stated
that he supports the idea of the County developing an ordinan~e of
this type and if a moratorium is necessary to fully develop the ordi-
nance then that is what should be done.
Mr. John McGrory, resident of Marco Island and President of the
Duchess Condominium Association representing 75 owners, said that they
would like to see an opportunIty to have a competitive situation with
regards to cable television.
He noted that they received a letter
I
fro. Palmer Cablevieion that wos very offensive to them, adding that
8001( 114 P1'.t 458
PagE: 34
~U4~4~
MAY 31, 1988
they i~lied that legal action would be taken if service was changed.
He reported that if they are bound to cable through the association,
they should have the opportunity to have a competitive situation.
Tape "
County Attorney Cuyler stated that the purpose of the moratorium
is to provide a mechanism for the Board of County Commissioners to
regulate these entities ~nd not stop competition.
Mcs. J. R. Clark, resident of Hilltop Subdivision, stated that
co.petition is needed, adding that Cablevision has not provided a good
service.
She stated that she had over 200 signatures on a petition,
that indicated discontent with the service, during a one hour period at
a shopping center.
She indicated that they would like to be able to
have the opportunity of receiving service from Telesat.
Mr. Ed Cooper, resident of ~arco Island, stated that he would also
like to see some competition as cable is limited to what choices the
sole operator chooses.
He stated that competition lowers rates as
well as bringing state-of-the-art equipment to the consumers.
He
noted that the Prince Condominium,has 80 people that are in favor of
changing the cable.
He indicated that he researched four companies
and rejected three of them because of their financial backing, adding
that he feels that the best çompany at this time would be Telesat.
He
stated that he is asking that the Board of County Commission~rs lift
the moratorium on further cable franchise agreements as competition is
what .ade this Country great and competition is what this County
Page 35
MAY 3l, 1988
needs.
Hr. John Blevins, Director of Franchising for Telesat Companies,
stated that his company is not a franchisee in the County at this
ti~, but he supports the extension because without a master compre-
hensive ordin~nce in this County, his company has no chance nor do
future companies have a chance of being a franchisee in the County.
He indicated that he saw a draft of the upcoming ordinance which
tended to lean toward not inviting competition into the area.
He
stated that his views are little different than the existing cable
c08panies in the County and he assumes that this is why the ordinance
needs additional work.
He noted that there are a lot of people in
this County that are unhappy with their cable company and they are
competing on a private access basis with other companies.
He stated
that his company operates allover the State of Florida under private
contracts and under franchises.
He noted that he has about 12 signed
agreements in the County that he will be providing service to on a
private access basis and another l2 pending.
He noted that there is a
private access that they use to get to a building and they also pro-
vide a satellit~ di9~.
H~ indicated that they would like to be able
to have a limited use of the right-of-way to interconnect areas and
buildings.
He stated that he is looking for some direction from the
County with regards to whether they should begin to build for the
future or not in Collier County.
County Attorney Cuyler stated that he recommends that the
Page 36
&OO( 114 Plr,( 460
.. 114"s~.:.461
MAY 31, 1988
situation that Mr. Blevins is talking about not be exempt from the
8Oratoriu. or the operation of the moratorium and the reason is not
because the County is for or against Telestat or Palmer or com-
petition, adding that it is simply because he is not through with the
comprehensive ordinance and the activity that has been described under
the federal regulations and the ordinance, will constitute a franchise
and Telesat is exempt as long as they handle only a single building
without entering the right-of-way.
He stated that once the r ig;lt-of-
wey is entered then anyone is subject to cable regulations and in
order for the Board of County Commissioners to address all the
necessary factors and hav~ a public hearing and public input and eva-
luate the criteria that needs to be looked at, he would recommend that
this activity not be exempt from the moratorium.
In answer to Commissioner Pistor, County Attorney Cuyler stated
that the Board of County Commissioners has the right to grant a
franchise under the current regulations, but he would suggest that
this aatter be delayed until he returns with the comprehensive ordi-
nance on October 31, 1988.
..... D.puty Clerk Hoffman re~lac.ð Deputy Clerk Kenyon
at 12:30 P.M. .....
Attorney Bruce ^nderson, advlsed that he is representing Te1esat
Cablevision, Incorporated which presently operate public and private
systeas in ten florida Cvunties, and have recently received franchises
in three other counties.
He stated that his client's concern is that
Page 37
MAY 31, 1988
i~ March, 1987, the Board of County Commissioners voted to impose a 90
day 8Ocatorium on cable franchise applications, noting that the 90
days, has now gone on to 14 months.
He stated that Telesat has
entered into contracts with condominiums along Collier Blvd. on Marco
Island, noting that there has been a steady stream of letters to the
Editor co.plaining about the service and the indifference of the
current franchisees and the lack of competition.
He indicated that
Telesat's present plans are to install. satellite dishes on most of the
condos that it would be serving on Marco, noting that they are asking
for the right ~o use a limited portion of the public right-of-way, so
that they do not have to put up as many sat(~llite dishes.
Attorney Anderson stated that under a Limited Use Agreement,
Telesat would be willing to pay franchise fees to the County, and will
also hold the County harmless, in case anyone decides to take anyone
to court, and they will also agree that the limited use permit would
not in any way obI igate the County to grant Telesat a regular
franchise when the new Ordinance is adopted. He stated that he agrees
that a moratorium on large County-wide applications may be prudent,
but he does not believe it should apply to a limited use to a publi~
right-of-way along a single road.
He indicated that if the Board does
decide to extend the moratorium, he is requesting that it be limited
to only those large, County-wide franchises, and that it will not
apply to the more, limited situations~
Commissioner Saund~rs stated that technically, this would be
Page 38
aOOK 114 PAr,[ 402
.. 114 'v;. 463
MAY 31, 1988
granting a franchise, adding that if the County does have an existing
~ratoriu. and it is broken f~r this one situation, is the County, in
effect, eliminating the moratorium?
County Attorney Cuyler responded that it could present a legal
proble., but exceptions can be made to a moratorium, under certain
circu8aStances.
C088issioner Saunders noted that Attorney Anderson stated ttJat his
client would hold harmless and indemnify Collier County for any and
all actions that would arise out of the granting of a limited use, but
questioned whether this would include any actions taken by any other
cable companies in reference to suits for damages arising out of a
~ratorium not being enforced, with referen:e to your client.
Attorney Anderson responded affirmatively to Commissioner Saunders.
County Attorney Cuyler stated that he would prefer to stay away
fro. a -Hold Harmless Agreement", adding that he would suggest waiting
for the comprehensive Ordinance.
Commissioner Saunders noted that the moratorium will be expiring
on October 31, 1988, and asked Mr. Blevins how much trouble it would
be to inslall the "dishes" temporarily, and then lake them down Lo use
so.eplace else?
Mr. Blevins responded that this could be done, but it also to do
with the manner in which the internal system is designed, whether is
is designed from the satellite dish, or is it designed from d trunk
cable.
Page 39
MAY 31, 1988
C088issioner Goodnight stated that she is in agreement with legal
staff, adding that she feels the way to proceed is to wait until the
Coøprehensive Plan is ready on the 31st of October.
CO8ais.ioner Saunðer8 .oved, seconðed by Commi8sioner Hasse and
carried unaniaou8ly that Resolution Mo. 88-130, extendinq the mora-
toriua until October 31,1988, on the acceptance or processing of
applications for cable television fra~chi8e8 be adopted.
lOOK 114 Plf.1 464
Page 40
... 114 PI'). 467
MAY 31, 1988
...
Ii:- l11A1 , 2
BUDGET ~~MTS 88-290-294 - ADOPTED
CO88issioner Saunðers moved, seconðed by Commi88ioner pistor and
carried unani.ous1y, that Buðget ~end8ents 88-290 tbrpugh 88-295, be
a4opte4.
It- 112A
PUSZIft FORMAT OF BOARD MEETINGS - APPROVED
Co..issioner Saunders said that he feels the present Board of
County Commissioners' agenda format is working fairly well, keeping
zoning separate from the general business and Commissioner Goodnight
al)reed.
Commissioner Pistor suggested that zoning matters, which are
continued, not be continued for two weeks but heard the following week
instead.
CO88is.ioner Saunðer. moved to continue the present format,
aecon4ed by Coaai88ioner Ha8se.
Commissioner Goodnight asked staff for their opinion and Acting
Co..unity Development Administrator Olliff said that the pregent for-
8at is working well.
Motion carried 4/1, Commissioner Pistor opposed.
.
It- '12B
DR. JAKES CAIN APPOINTED TO LIBRARY ADVISORY BOARD
coami88ionAr Goodnight moved, seconðeð by Commi8sioner ~istor and
carried unanimously, that Dr. Jame8 Cain be appointe4 to fill the
paqe41
MAY 31,1988
yac&Day OD tbe Library Boarð, for the remainder of the term which
expires Deceaber 31, 1988.
It- 112C
CJlA.IRKAJI '1'0 RGOTIATE COURTY MANAGER' 8 COIfTRACT AMI) REPORT TO BOARD
Chair~an Glass noted that County Manager Dorrill has held that
position for one year now and he asked for authority to meet with him
and coøe back to the Board of County Commissioners with proposals.
cO88issioDer Basse .oveð, seconðed.by Commis8ioner Goodnight and
carried UDADiaou81y, that the Chairman meet with the Manaqer anð come
back witb reco..enðations.
It- 112D
COUØTY OOKMISSIOKERS' VACATIOK TO REMAIN AS SCHEDULED
Chairman Glass noted that the Board of County Commissioners has a
ti~ crunch and recommended that they look at the vacation period and
adjust it, where necessary, in order to meet the August time frame.
Coøaissioner Pístor noted all of the things that must be accomplished,
i. e. setting of millage rate, public hearings, growth management
plan, budgets, etc.
and said that he does not see how that all can be
accomplished in the period following vacation (July 19th) and the
first of August.
Commissioner Goodnight said that other than the hearings for che
Growth Management Plan she does not see much difference from other
years.
There was no action taken to change the vacation pchedule and
&01)( 114 Pi',! 4G8
Page 42
.. 114 PS~! 469
MAY 31, 1988
County Manager Dorrill pointed out that if an emergency arises a spe-
cial 8eeting could be called.
It- 12.
DA'1'E8 SZ"f FOR SEPTEXBER PUBLIC BEAAINGS RE BUDGET AIm TAXES
I
Co..issioner Pistor moveð to approve lhe suggested dates of
septeaber 7 or september 8, 1988, ~epenðing on the School Board'8
dates, anð September 22,1988, for the public hearings for the budget
and taxes.
Co..i8sioner Gooðnight seconðed the motion which carrieð
5/0.
...
The following it.a. were approved anðlor aðopted under the Consent
Agenda by aotion aaðe by commissioner Pistor, seconðed by Commissioner
Saunders and carrieð unanimously:
It- 1141.1
DI8TR.XBtJ"1'IO. OF UP' S AND ESTABLISBJŒKT OF SELECTIO. COJDUTTBE AND
PROCEDURB FOR A STUDY TO DEVELOP A MASTER PLAØ FOR IHMODLEE
Committee to consist of:
Director of Purchasing
Chief of Long Range Planning
Growth Management Coordinator
2 - Communitv O~velopment Staff
It- '14A2
CO.SUL2'AJft' CONTRACT WITH A. GAIL BooRMAN TO DEVELOP A CORRIDOR
MAJIAG BXEJrl' P LAN
See Pages
4L7Ý- 5 ();J.
Iteal14B1
SIX MOØTB EXTENSION FOR EXCAVATION PERMIT NO. 59.2951 FOR SUNNILAND
IUD
ItAaf14B2
Page 43
MAY 31,1988
RBSOLUTI08 88-131 PROBIBITIRG VEHICLES IR EXCESS OF ORB TO. ON
akBEØBRIER STREET AXD SATURR COURT LYIXG B2TWEER GREENBRIER STREET AND
ItORTB COLLIER BOULEV~RD IR MARCO ISLAXD
See Page
bo,3
It.. '14B3
BID S588-1255 - SURPLUS ST~TIONARY COMPACTOR AWARDED TO POLYCYCLE,
IJIC. FOR $3,000
Legal notice having b~en published in the Naples Daily News on May
5, 1988, bids were received until 2:30 p.m.., May l8, 1988 for the
sale of one surplus stationary compactor.
It- f14B4
SOLIC7TATIOW OF BIDS FOR CELL B~SE MATERIAL, PHASE II, LINED CELL SIX
AT XAPLES SAØITARY LANDFILL
It- f14C1
AGUEJ'..BWf BETWEEtf BOARD OF COO1fTY COMMISSIONERS AIm COLLIER COUNTY
SCHOOL BOARD FOR SCHOOL BUSES FOR SUMMER RECREATIOl'f PROGRAM
See Pages
SOt/-50S
It.. '14C2
COØTRACTS WITH STATE OF FLORID~ FOR LIBRARY SERVICES AIm COl'fSTRUCTION
ACT, 'l'I'rLZ I AIm TITTLE I I I GRANTS
See Pages
s () ~ -5.3-./
r
It.. '141J1
WI'l'BDRAWAL OF OBJECTION WITH DEPARTMENT OF ENVIRONMEXTAL REGULATION
COøcz"IXG ~ PERMIT TO CONSTRUCT PERCOLATION PONDS ISSUED TO NAPLES
ItmUS'l'RIAL PARJt SEWAGE TREATMENT PLANT
It- 114£1 - Moved to '9E2
It- 11422
AGREEKEMT FOR AN EMPLOYEE ASSISTANCE PROGRAM WITH BUKAØ RESOURCES
ASSOCIATES, DIVISION OF DAVID LAWRENCE MENTAL HEALTH CENT~R AND
EXPEØDITURE OF FUNDS FOR PROGRAM
See Pages
5 ~ ... S do .!J-
Page 44
aoolC 114 PAr.E 470
.. 114w.s.471
MAY 31, 1988
It.- 11401
AOCZ~ OF $800.00 FROM USAF CIVIL AIR PATROL FOR BOS PURCHASE
It- '14B1
BXTRA~. TIME FOR IKKATE HoS. 48'65, 53120, 4326'
Ite. 114B2
SATIS~IO. OF LIEØS RE PUBLIC DEFENDER
See Pages
-~ :J..~ - S,3 ð
It- 11411
.
Ja SCB LLAJIEO a S co RRE S PO MD E" C E
The following correspondence was filed and/or referred to t~e
v~rious departments as indicated below:
1.
Letter dated 05/17/88 from Thomas G. Pelham, Secretary, DCA,
advising of six workshops for the Safe Neighborhood Program.
Referred to ~cil Dorrill, Sheriff Rogers and filed.
2.
Letter dated OS/20/88 from Douglas L. fry, Environmental
Manager, OER, enclosing short Corm application (File No.
111496805 and lll496825), which involves dredge and fill
activities. Referred to Neil Dorrill, George Archibald,
Dr. Proffitt and filed.
3.
Letter dated 05/16/88 to James C. Ciles, from Representative
Bert J. Harris, Jr., acknowledging receipt of Resolution
88-81. Referred to BCC and filed.
4 .
Letter dated 05/16/88 to James C. Giles, from Representative
Bert L. Harris, Jr., acknowledging receipt of Resolution
88-78. Referred to BCC and filed.
5.
Minutes - filed
A.
B.
04/13/88 & 04/20/88 - City of Naples
03/17/88 - Parks & Recreation Advisory Board and
. OS/26/88 Agenda
04/25/888 - Ochopee fire Control District
04/28/88 - Collier Soil and water Conservation District
04/28/88 - Library Advisory Board
C.
O.
E.
Page 45
MAY 31, 1988
6.
Notice of Hearing from Public Service Commission dated
05/17/88 re hearing to be held in Tallahassee 06/27/77
regarding Docket No. 87066750-TL, investigation into the
interconnection of mobile carriers with facilities of
local exchange companies.
7.
Letter received 05/23/88 from Rosemary Shull opposing
Utilities Project 5l00 Sewer Sy&tem. Referred to BCC,
Tom Crandall, John Madajewski and filed.
U.S. Environmental Protection Agency - Received OS/23/88
Notice to EPA Construction Grant Recipients regarding the
Brooks-Murkowski amendment. Referred to Neil Dorrill,
and filed.
8.
...
There being no further business for the Good of the County, the
~ting was adjourned by Order of the Chair - Time:
BOARD Of COUNTY COMMISSIONERS/
BOARD OF ZONING APPEALS/EX
OfFICIO GOVERNING BOARD(S) OF
SPECiAL DISTRICTS UNDER ITS
CONTROL
C2-, ,.a ~ --Ö ~
ARNOLD LEE GLASS, CHAIRMAN
".\~. ..;
ATtESt: [,',
J~ C~ CtL,ES:~LERK
~
,..
¥.,~~-~/~/çf'. .
~The8e minutes approved by the
, I . .
" '.
as presented ~ or as corrected
Boo r d o~ J<;ý /$ ðI If
Page 46
aO4C 114 par.! 472