BCC Minutes 08/11/1987 R
Naples, Florida, Augus~ 11, 1987
LET IT BE REMEMBERED, that the Board of County Commissioners in
end for the County of Collier, and also acting as the Board of Zoning
Appeals and as the governing board(s) of such special districts as
have been created according to law and having c,)nducted business
herein, met on this date at 9:00 A.M. in REGULAR SESSION in Building
"F" of the Government Center, East Naples, Florida, with the
following members present:
CHAIRMAN: Max A. Hasse, Jr.
VICE-CHAIRMAN: Arnold Lee Glass
John A. Pistor
Burt L. Saunders
Anne Goodnight
ALSO PRESENT: James C. Giles, Clerk¡ John Yonkosky, Finance
Director¡ Beverly Kueter and Maureen Kenyon (10:40 a.m.), Deputy
Clerks¡ Neil Dorrill, County Manager: Ken Cuyler, County Attorney:
George Archibald, Public Works Administrator: Kevin O'Donnell, Public
Services Administrator; Mike Arnold, Assistant Utilities
Administrator: John Madajewski, Utilities Engineering Director; David
Pettrow, Community Development Administrator; David Weeks and Robert
Duane, Planners: Sue Filson, Administrative Secretary to the Board
and Deputy Chief Ray Barnett, Sheriff's Department.
Page I
BOG~ 106 PAQ 198
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Item f3
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AUGUST 11, 1987
AGENDA AND CONSENT AGENDA - APPROVED WITH CHANGRS
Commissioner Glass moved, seconded by commissioner Saunders and
carried unanimously, that the agenda and consent agenda be approved
with the following changes:
Recommendation for Board to approve payment of spe-
cific interview expenses for Assistant County
Manager candidates - Added.
Recommendation to reclassify a Clerk III in the
Social Services Department - Added
Authorization for volunteer group to paint "Welcome
to Goodland" on water storage tank - moved to Item
#903.
Item #14E5
Item #l4E6
Item #14D2
Item f4
MINUTES OF JULY 28, 1987 - APPROVED AS PRESENTED
Commissioner Pistor moved, seconded by Commissioner Saunders and
carried unanimously, that the minutes of July 28, 1987 be approved as
presented.
Item tSA
EMPLOYEE SERVICE AWARDS - PRE~ENTED
Chairman Hasse preRented Employee Service Awards to the following
employees:
Patricia Cookson
Parks & Recreation
IS yes.
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AUGUST 11, 1987
Item t6B1
ORDINANCE 87-64, PETITION R-87-4C, COASTAL ENGINEERING CONSULTANTS,
INC., REPRESENTING E. ROGER BUDNY AND JEFFERY A. LOMAS, REZONING
PROPERTY FROM A-2 TO C-1 "ST" - ADOPTED
Le~al notice having been published in the Naples Daily News on
July 10, 1987 as evidenced by Affidavit of Publication filed with the
Clerk, puc'lic hearing was opened to consider the enacting of a County
Ordinance amending Ordinance 82-2 by amending the zoning classifica-
tion of 4.04 acres on the north side of U.s. 41, approximately 660
feet east of the intersection of U.S. 41 and C.R. 951 from A-2 to
C-I "ST".·
Plðnner Duane stated that the petitionèr had origin811y' réquestéd
C-2 zoning on this property, but at Staff's recommendation they are
requesting C-I zoning. He then outlined the location of the property
on a map. He stated that the CCPC has recommended approval; all agen-
cies have reviewed the petition and the petitioner has agreed to all
Staff stipulations. He noted there has been no public comment, either
for or against, this petition.
In answer to Commissioner Pistor, Mr. Duane stated there are no
connections planned between this development and Woodfield Lakes.
Mr. Jim oavis, Coastal Engineering Consultants, Inc., stated that
the Utility Department has recommended that the petitioner be respon-
sible for the extension of the 20" water main and space has been set
aside for a treatment plant. He mentioned that just recently they
have learned that Rookery Bay Sewage Treatment Plant may have capacity
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available for this development.
In answer to Chairman Hasse, Assistant Utilities Administrator
Arnold stated water is available in this area, however, every time a
new user is connected it reduces water available to current users.
Answering Commissioner Pistor, Mr. Arnold stated that the water will
not have to be retreated for this development.
Mr. Arnold advised that the County sewer service plant will be'in
place in two or thee years, however, lines will not be available in
that area until 1992 or 1993, therefore, Staff doe~ not object to the
package treatment plant. He also noted that it has not been deter-
mined as to whether the Rookery Bay plant has the capacity available.
Replying to Commissioner Saunders, County Attorney Cuyler stated
it may be possible to place a time limit on the connection to Rookery
~ðY for this development, however, he would prefer to do more research
before giving a final answer to this question.
Mr. Mike Stevens, Coaßtal Engineering Consultants, Inc., stated
they would prefer to connect to Rookery Bay rather than have their own
package plant, however, they are only in the initial contact stages
with Rookery Bay. He stated they would like to have another option,
just in case Rookery Bay does not have the capacity.
Commissioner Saunders moved, seconded by Commissioner Pistor and
carried unanimously, that the PUblio hearing be olosed.
Commissioner Saunders move~, seoonded by Commissioner Goodnight
and carxied unanimously, that the ordin~~ce as numbered and titled
below be adopted and entered into ordinance Book No. 27
AUGUST 11, 1987
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AUGUST 11, 1987
ORDINANCB NO. 87-64
AN ORDINANCE AMENDING ORDINANCE 82-2, THE COMPREHENSIVE
ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER
COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP
NUMBER 51-2€-2 BY CHANGING THE ZONING CLASSIFICATION OF THE
HEREIN DESCR~BED PROPERTY LOCATED ON THE NORTH SIDE OF U.S.
41, APPROXIMATELY 600 FEET EAST OF THE INTERSECTION OF U.S.
41 AND C.R. 951, It! SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26
EAST + 4.04 ACRES, FROM A-2 TO C-I "ST": AND BY PROVIDING FOR
AN EFFECTIVE DATE.
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AUGUST 11, 1987
Item f6C1
RESOLUTION 87-181 PETITION AV-87-012, CARL M. FERNSTROM REQUESTING
VACATION OF SIDE AND REAR EASEMENTS FOR PROPERTY ON GREEN BLVD -
ADOPTED
Legal notice having been published in the Naples Daily News on
July 26 ðnd August 2, 1987 as evidenced by Affidavit of Publication
f~led with the Clerk, public hearing WðS opened to consider a petition
to vacate and ðnnul the six foot side easements and sjx foot rear
easements for property located in Golden Gate on Green Blvd. between
41st and 43rd Lane, S. W.
Public Works Administrator Archibald stated the petitioner would
like to vacate both the sid2 ðnd rear yard easements in a plat north
of Golden Gate City. He stated the exact location are Lots I through
6 and Lots 15 through 20 in Block 70, Golden Gate Unit 2, Part One.
He stated these lots are south of Green Blvd. and north of 16th Place.
He said this vacation will allow the petitioner to build across the
interior side lot lines and noted that the number of units will remðin
at 60 units.
In answer to Chairman Hasse, Mr. Archibald stðted they do not know
what the interior layout of the units will be, however, he disp1ðyed a
drawing showing the location and sizes of the buildings. He noted
that the architecture of the building is something the developer will
be able to change. He continued by pointing out the pðrking area and
access road through the project.
Mr. Archibald noted that the remaindê: of Block 70 is currently
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AUGUST 11, 1987
:t.triaer"1!II ~ and 'is being de·..nloped with essenthllly the same layout
':al1ð-by .the' same owners.
commissioner Saunders moved, seconded by Commissioner Glass and
carried unanimously, that the public hearing be closed.
Replying to Commissioner Saunders, County Attorney Cuyler stated
that Staff is recommending that the easements may be vacated, but the
Board must use their own discretion in either approving or denying
this petition.
Commissioner Saunders m~ved, seconded by Commissioner Glass and
carried unanimously, that Resolution 87-181, Petition AV-87-012, Carl
M. Fernstrom, as petitioner, requesting vacation of the six foot side
and six foot rear easements on Lots 1-6 and 15-20 inclusive, Block 70,
Golden Gate unit 2, Part One, be adopted.
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AUGUST 11, 1987
Item '6C2
RESOLUTION 87-182, PETITION AV-87-003, WALTER G. SOROKOTY AS AGENT,
REQUESTING THE VACATION OF THE TWENTY FOOT ALLEY EAST OF LOTS 100-109
OF THE PLAT OF LAKE KELLY NO. 2 - ADOPTED
Legal notice having been published in the Naples Daily News on
July 26 and August 2, 1987 as evidenced by Affidavit of Publication
filed with the Clerk, public hearing was opened to consider ð petition
tv vacate and annul the twenty foot alley and utility easement lying
east of Lots 100 through 109 in Lake Kelly Unit 2.
Public Works Administrator Archibald displayed a map showing the
location of Lake Kelly Unit 2, stating it is located on the east side
of Bayshore Drive and south of Lunar Street. He stated the petitioner
is requesting the vacation of an alleyway which runs along the back of
the petitioners' lots. He explained that the alleyway is being
retained as a drainage easement.
Mr. Archibald stated that Staff has no objections to the request
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because the County has no need for the alleyway, however, access is
needed and Staff would like a drainage and utility easement to replace
the right-of-way:
Commissioner Saunderø moved, seconded by Commissioner Glass and
carried unanimously, that the pUblic hearing be closed.
Commissioner Saunders moved, seconded by Commissioner Glass and
carried unanimously, that Resolution 87-182, Petition AV-87-003,
Walter G. Sorokoty as agent for the property owner, requesting the
vacation of the twenty foot alley east of Lots 100-109 of the plat o~
Lake Kelly NO.2, be aGopted.
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AUGUST 11, 1987
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Item t7A1
RESOLUTION 87-183, PETITION V-87-11, LOUIS E. WESTON, REQUESTING A
SETBACK VARIANCE FOR PROPERTY LOCATED ON GULYVIE~ DRIVE - ADOPTED
Legal notice having been published in the Naples Daily News on
July 26, 1987 as evidenced by Affidavit of Publication filed with the
Clerk, public hearing was opened to consider a petition for a 5 ft.
variance from the required rear yard setback of 25 ft. to 20 ft. for
Lot 13, Block 3, Gulf Shores (Gulfview Drive, approximately 700 feet
west of Bayshore orive).
Planner Weeks advised that the subject property is a single-family
lot on a cul-de-sac. He stated the house is unusually shaped and the
5' encroachment is a corner of the garage and a corner of the house.
He stated that Staff finds there is a land-related hardship and recom-
mends approval of the variance. He noted that the house has not been
built yet and the request is not after-the-fact.
In answer to Commissioner Pistor, Mr. Weeks stated that the
required side yard setback is 7.5 ft., but the lot does not meet the
required lot width and the requirement of a 6 ft. setback is based on
the required calculations. Also in answer to Commissioner Pistor, Mr.
Weeks stated that it would be possible to turn the house 90 degrees,
however, the front door would face his neighbor.
Mr. Louis Weston, petitioner, stated there has been no contact
with the affected neighbors. ¡:e advised that he already has his house
plans and his loan approval.
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AUGUST 11, 1987
commissioner saunders moved, seconded by Commissioner Glass and
carried unanimously, that the publio hearing be closed.
commissioner Saunders moved, seconded by Commissioner Glass and
carried unanimously, that Resolution 87-183, Petition V-87-11, Louis
B. weston, requesting a 5 foot variance from the required rear yard
setbaok of 25 feet to 20 feet for property located at the end of
Gulfview Drive, approximately 700 fe.t west of Bayshore Drive, be
aðopted.
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Item t12A
AUGUST 11, 1987
REVIEW OF PROPOSED AGREEMENT FOR 16 INCH WATER MAIN EXTENSION TO NORTH
NAPLES - STAFF TO NEGOTIATP. FINAL AGREEMENT AND PRESENT TO BOARD ON
AUGUST 25, 1987
Commissioner Glass stated there has been on-going problems with
water pressure in the North Naples area which have caused fire
fighting deficiencies and the County has been working with some pri-
vate developers on an agreement to speed up the work. He advised ~hat
the agr~ement itself does not have to be approved today, however, the
request is for Board approval of the principal of the agreement and
authorization for Staff to negotiate a final agreement.
Assistant County Attorney Anderson stated that the agreement
requires the developers involved to pay all of the up-front engi-
neer irlg costs for which they would not be reimbursed. He stated the
construction cost will be approximately $350,000.00 of which the deve-
lopers will be responsible for the first $150,000 and once that amount
has been incurred, the County will pick up the additional $200,000.00.
He added th:t any costs in excess of the $200,000.00 will have to be
brought before the Commission for approval.
Answering Chairman Hasse, Commissioner Glass stated that the
agreement and time frame is directly tied to the completion of the
Carica Road tank. He stated there will be no Certificates of Occupancy
issued until everything in Horking and sufficient water is available.
He added that the developers will also not be relieved of impact fees
or connection charges.
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AUGUST 11, 1987
Commissioner Glass move4, seoonded by Commissioner Saunders and
carried unanimously, that the Assistant County Attorney and
the utility Department Administrator be authoriBed to negotiate a
final aqreement with the develop~r. and present it to the Board on
August 25, 1987.
Answering Clerk Giles, Mr. Anderson stated that this will not be
put out to bid. County Manager Dorrill stated that he would recommend
that the Utility Department review the unit prices for the work to
insure a competitive price.
Item t7B1
PETITION PU-87-9C, WILSON, MILLER, BARTON, SOLL , PEEK, INC.,
REQUESTING PROVISIONAL USE (ESSENTIAL SERVICES) FOR NAPLES ISLE -
CONTINUED TO AUGUST 25, 1987
Planner Nadeau stated that the petitioner is requesting
Provisional Use for essential services to allow constru~tion of a
sewage treatment plant. He said that lands to the east, north, and
south are zoned A-2 and to the west is a mobile home subdivision.
He advised that Naples Isle Mobile Home Subdivision will be comprised
of 600 dwelling units and westwind Mobile Home Subdivision is located
to the south.
Mr. Nadeau stated Staff finds the request to be in compliance with
the Comprehensive Plan and has formulated mitigation measures to
insure compatibility with neighboring properties. He advised that the
CCPC recommended approval of the petition subject to Staff stipula-
tions and two people expressed opposition at the CCPC hearing.
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AUGUST 11, 1987
In answer to Chairman Hasse, Mr. Nadeau stated that the Westwinds
Mobile Home Subdivision is currently being served by the Rookery Bay
Plant. He noted that he has been advised by Wilson, Miller, Barton,
Soli & Peek, Inc. that the Rookery Bay Plant is presently experiencing
problems with DER.
Mr. Tom peek, of wilson, Miller, Barton, Soli & Peek, Inc., gave a
brief history of the property and stated that Rookery Bay has commit-
ments from DER for other developments and they are presently expanding
to handle those properties. He said they have discussed connecting to
Rookery Bay with DER and wer~ advised that they probably will not be
permitted to connect to that plant.
Mr. Peek stated they have been advised by Jim Spade, owner of the
Rookery Bay Plant, that Naples Isles is within their service area,
however, the Public Service Commission has advised they are not within
that area. He reported they have discussed the situation with the
County Utilities Department and indications were that under normal
circumstances Naples Isle would be required to abandon their own system
when the County system becomes available.
Mr. Peek advised that ,fter all of these facts were reviewed they
proceeded to file for a Provisional Use allowing construction of their
own package plant until such time as the County system becomes
available.
He stated that since the CCPC meeting he has been informed
that Rookery Bay has obtained their construction permit to expand
their plant, however, it is not complete nor have they been given a
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AUGUST 11, ·19B7
permit for the expanded capactty.
Mr. Peek stated that there were a couple people who spoke against
this request at the CCPC meeting because of the high water table in
the area. He advised that they have designed a storm water system to
alleviate this concern and the County Pollution Control Department has
begun monitoring. H~ said he does not feel that this is a viable con-
cern.
Mr. Jim Spade, Rookery Bay Plant Owner, stated the DER has no
objections to Rookery Bay obtaining new customers and noted that
Riverwood was connected within the last three months. He stated they
are in the process of expanding the plant to 400,000 gallons per day
and expect construction to be finished in March or April, 1988.
Mr. Spade stated that because of the proximity of Naples Isle to
the Rookery Bay Plant, this alternative is the most practical. He
noted they presently have an 8 inch force main across the street from
the project. He noted that the Rookery Bay Plant exceeds the DER
standards at this time.
Mr. Spade stated they have discussed this situation with the
Public Service Commission and have been advised that Naples Isle is
within Rookery Bay's service area. In answer to Commissioner Glass,
Mr. Spade stated that they were advised verbally during a telephone
conversation. He also noted they have a sign~d contract with Mr.
Cunningham, the previous owner of Naples Isle.
Replying again to Commissioner Glass, Mr. Spade stated their pre-
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AUGUST 11, 1987
sent capacity is 150,000 gallons per day and they are expanding at
this time because construction costs are lower today than they will be
in the future and because they have an existing commitment with Quail
Roost. He also stated that the present capacity includes 100,000
gallons per day fr.om Naples Shores, a subdivision which is not doing
very well. He said the developers of that subdivision are running out
of money and the houses ~re not selling, so he does not expect that
capacity to be put on line.
Commissioner Pistor stated that if the market changes and that
development begins to sell, Rookery Bay is committed to handle the
100,000 gallons per day. He stated that an owner cannot commit the
same capacity twice. Mr. Spade stated they are presently building to
400,000 gallons per day capacity and that will be sufficient until the
County system is available.
Tape t3
In answer to Commissioner Saunders, Assistant County Attorney
Anderson stated that the PSC has advised Utilities Engineering
Director Madajewski that Naples Isle is not within the Rookery Bay
Service Area.
Replying to Commissioner Goodnight, Mr. Madajewski stated that all
package plants within the County are inspected by the County Pollution
Control Depar:ment.
Mr. Allan Fry and Mr. John Keschl, W~stwind Mobile Home
Subdivision residents, stated their objections to the petition, citing
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AUGUST 11,,1987;'
possible devaluation of their properties with a sewer package plant on
adjoining property and concern with the water table in the area.
Commissioner Glass moved, seoonded by commissioner Saunders and
caxried unanimously, that Petition PU-87-9C, wil.30n, Miller, Barton,
Soll , Peek, Inc., requesting a provisional Use for essential ser-
vices, for Naples Isle be continued to AUgust 25, 1987, pending the
following information:
1. Establishment of Jurisdiction.
2. Has Rookery Bay complied with County Ordinances or are they
in violation?
3. Fiscal Impact on the County.
4. Disposition of effluent from both plants.
5. Exact capacity required to meet all of Rookery Bay's commit-
ments, including Naples Shores.
6. Mr. Spade to furnish a list to Mr. Anderson of all developments
being provided with service. Determination of developments
which may be in violation of contracts with the County by
receiving service from Rookery Bay.
7. Mr. Peek to evaluate whether it is practical to connect to
Rookery Bay, either now or in the future, based upon expan-
sion plans.
Item '7B2
RESOLUTION 87-184, PETITION PU-87-1C, WILLIAM R. VINES, REPRESENTING
BARRON COLLIER III, REQUESTING PROVISIONAL USE rig" OF THE C-3 ZONING
DISTRICT FOR PROPERTY LOCATED BETWEEN GULFSHORE COURT AND COMMERCE
STREET - ADOPTED
Planner Ouane stated that this item was continued from the meeting
of August 4, 1987. He stated the property is located on the north
side of Vanderbilt Beach Road tetween Gu1fshore Court and Commerce
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AUGUST 11, 1987
Street and the petitioner is requesting a commercial development with
8 residential units on the second floor. He said the property is
comprised of 1.26 acres fronting on Vanderbilt Beach Drive and is
surrounded by C-3 uses which are similar to this request.
Mr. Duane stated Staff finds the proposal to be compatibi1e with
the area. He advised that the CCPC voted 5/1 to recommend approval
and no one spoke for or against the petition. He noted that Staff
feels the 8 units can be accommodated and the petitioner is reducing
the amount of commercial which is permitted on this site.
Attorney George Varnadoe, representing the petitioner, stated that
the residential units will be small one bedroom units. He advised
that the residential and commercial will have separate entrances and
separate parking.
In answer to Commissioner Pistor, Mr. Varnadoe stated that if the
Board limits the residential units to 5, the petitioner will not build
the project because it will not be economically feasible.
County Attorney Cuyler stated that if the Board allows this use,
he would like them to make the resolution effective on Friday, August
14, 1987, because the Ordinance adopted at last weeks meeting, to
which this issue applies, has not been received from Tallahassee.
commissioner Glass moved, seconded by Commissioner Goodnigh~ and
carried unanimously, tha~ Resolution 87-184, Petition PU-87-1C,
william R. vines, representing Barron Collier III, requesting
Provisional Use "g" of the C-3 Boning distriot for a mixed use of
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AUGUST 11, 1987
residential uses in commercial structures, be adopted and beoome
effective on August 14, 1987.
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AUGUST 11, 1987
**** Recess: 10:25 A.M. - Reoonvened: 10:40 A.M. at which
time Deputy Clerk Kenyon replaced Deputy Clerk Kueter *****
Item tBA
'.
BERTRAM I. BWINDELLS APPEALING NOTICE OF WEED ABATEMENT, NAPLES PARK
UNIT 3, BLOCK 33 - DENIED
Bertram I. Swindells apoealing notice of abatement under Ord.
85-33 re unattended growth of weeds and vegetation for Case W87-1585,
Naples Park Unit 3, Block 33, Lot 431 Case No. W87-1497, Naples Park
Unit unit 3, Lots 44 and 45; and Case No. W87-1498 Naples Park Unit
3, Block 33, Lots 46 and Wl/2 of 47.
Building Code Compliance Director Magri indicated that these lots
were in3pected on July 13, 1987, and found to require mowing under the
terms of Ordinance 85-33. He noted that Mr. Swindells was notified on
July 28, 1987, that the lots needed to be mowed. He noted that Mr.
Bwindells is appealing this decision, noting that he claims that the
lots were mowed on June 11, 1987, but upon inspection, the growth on
said lots were found to be over 18 inches in height. He presented
pictures of the lots which showed the overgrowth of weeds and also
showed the measuring stick that is used to determine the growth.
Commissioner Hasse questioned if this matter was based on a
comp~aint, to which Mr. Magri replied negatively, adding that it was
noticed during routine patrol.
Tape t4
County Attorney Cuyler stated that Mr. Swindells sent a letter
indicating that the lots were mowed on June 11, 1987, and he feels
aoo( 106f'~(;1238
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AUGUST 11,' 1987
that the weeds are not high enough and he has some plantings on the
property that he does not want mowed down. He noted that Mr.
Swindells indicated that he will be returning in September and will
mow the lots then. He indicated that Mr. Swindells was sent notice by
certified mail of the hearing this date.
commissioner Saunders moved, seconded by Commissioner Glass and
carried unanimously, that the appeal be denied and th~t Mr. Swlndells
be given two weeks to mow the grass and if it is not mowed, then staff
is to proceed under the terms of the ordinance and cut the grass and
.
place a lien on said property.
Item UA1
STAFF TO CONTACT ARCHAEOLOGICAL SOCIETY RE UNDERTAKING A HISTORICAL/
ARCHAEOLOGICAL SITE/STRUCTURE INVENTORY TO MEET REQUIREMENTS OF THE
GROWTH MANAGEMENT ACT AND RETURN TO BCC IN TWO WEEKS
Growth Management Coordinator Fitzpatrick stated that this is a
recommendation to enter into a contract to expand on the previous
study that was undertaken by Mr. Philip Werndli of Florida
Preservation Services. She stated that he conducted extensive
research and field work with regards to a preliminary survey of sites,
structures and objects of architectural, historical and cultural
significance within the boundaries of Collier County.
She stated
that he submitted his final report on June 30, 1986 and although more
than 300 sites were identified, the large land area involved and the
limited funds available for the project, meant that a number of
historically significant areas of the COlmty could not be fully sur-
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AUGUST 11, 1987
veyed and evaluated. She reported that the identification and mapping
of historic and archaeological sites is a requirement of Sections
163.3177 of the Florida Statutes and Sections 9J-S.006, 9J-S.OIO, and
9J-S.012 of the Florida Administrative Code. She stated that Mr.
Werndli estimates that an additional $10,000 would be needed to pre-
pare a historic site survey of the County and in addition, he would
assist staff in developing goals, objectives and policies to incor-
porate within the Comprehensive Plan and develop a realistic policy
for historic preservation in Collier County, including a model ordi-
nance. She stated that a study is also needed to inventory and record
the e~dangered archaeological ~ites in Collier County, the majority of
which have been precisely located. She stated that to complete this
portion of the inventory, Mr. Werndli would subcontract with a pro-
fessional archaeologist and $6,000 would be dedicated exclusively for
that portion of the study.
Commissioner Pistor questioned if the sites will be pinpointed to
the exact location, to which Mrs. Fitzpatrick stated that these stu-
dies will give better data base in order to assist developers in
determining if these sites exist on their land.
Commissioner Saunders questioned if what is being asked is for the
rest of the County that has not been studied to be developed for the
Comprehensive Plan, to which Mrs. Fitzpatrick stated that the contrac-
tor will be asked to incorporate data from the previous studies into
. his report so that it can be used for th~ Comprehensive Plan and is
aDDK lD6r:'\.12iO
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aDO( 106 f''\<;t 241
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AUGUST 11, 1987
required under the Growth Management Act.
Commissioner Saunders seated that he would like staff to contact
the Historical Society and/or the Archaeological Society to see if
they would be willing to take on this study. He reported that this
item could be continued until they have been contacted.
County Manager Dorrill questioned if the Archaeological Society
was sent an invitation to bid as only one bid was received which was
from Florida Preservation Services?
Mrs. Fitzpatrick stated that the Archaeological Society was not
asked to bid because at the time, the study was for historical sites
only and she is asking that this contract be expanded to include
archaeological sites and that the bidding process be waived.
County Manager Dorrill stated that staff could check into the
matter and contact the Archaeological Society and report back to the
Board in two weeks if the Commission desired.
commissioner Saunders moved, seconded by commissioner Glass and
carried unanimously, that staff be directed to contact the Archaeolo-
gical society with regards to doing this survey and study and report
back to the Board of county commissioners with said results in two
weeks.
Item UB1
INTERIM REPORT UPDATED RE STORAGE AREA IMPROVEMENTS PROJECTS APPROVED
AND BID 87-1121 AWARDED TO SLIFE MATERIAL FOR A FORK LIFT IN THE
AMOUNT OF $14,385
Legal notice having been published in the Naples Daily News on
June 19, 1987, as evidenced by Affidavit of Publication filed with the
Page 22
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Clerk, bids were received for Bid #87-1121 for an electric fork lift
until 2:30 P.M., July 8, 1987.
Public Works Administrator Archibald stated that the first part of
this item is simply a report on storage, adding that at this point all
the costs are known with the exception of the building expansion for
the Tax Collector and the Property Appraiser. He noted that there was
originally $320,000 budgeted for these expenses in Fund 301. He
stated that some of the projects have been completed, some are in the
process of being constructed and some have not started. He noted that
the total expense will be about $235,000 which will l~ave a surplus of
about $85,000. He noted that based on the proposed expenditures being
below the appropriated funds, he went through the bidding process to
obtain proposals for a fork lift to be used in connection with
Building "W", the warehouse. He noted that there is a platform lift
to be provided for the Clerk and the Supervisor of Elections and after
going through bid proposals, he is recommending that an electric fork
lift be purchased to be used by maintenance in handling material from
their work area to the second floor. He noted that this fork lift has
a 3,000 pound capacity which is sufficient for the work that needs to
be done. He stated that he is requesting that this bid be awarded to
Slife Material in the amount of $14,385.
commissioner Pistor moved, seconded by Commissioner Goodnight and
carried unanimously, that the report be approved and that Bid '87-1121
for an electric fork lift be awarded to Slife Material in the amount
of $14,385.
aaaK 106 PAt;t 242
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AUGUST 11, 1987
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Item t9D1
UTILITIES ADMINISTRATOR TO ~XECUTE PROJECT SCHEüULE AGREEMENTS FOR
FY/88 EPA/FDER GRANT PROJEC~S
Mike Arnold, Assistant Utilities Administrator, stated that this
is a request to authorize the execution of project schedule agreements
for grant projects. He noted that he submitted applications on March
15, 1987 for grant funding assistance from EPA/FDER for the East and
South Naples Sanitary Sewer Collection System: for the phase out
package plants as part of the East and South Naples Sanitary Sewer
Collection System; and resubmittal of South County Regional Wastewater
Facilities. He noted that any monies received will offset the cost of
the project.
Commissioner Pistor questioned if there are any amounts to the
grants, to which Mr. Arnold stated that it is too early to project
what the State is going to have available for 1988, adding that he
would estimate that there would be $5-7 million available under grants
for the collection system. He noted that the State's participation is
usually around 55% and the rest is the local share. '
commissioner pistor moved, seconðed by commissioner Goodnight and
carried unanimously, that the utilities Administrator be authorized to
execute project schedule agreements for FY/88 EPA/FDER grant projects.
Item f9D2
AGREEMENT FOR A PORTION OF ENGINEERING SERVICES WITH HOLE, MONTES ,
ASSOCIATES, INC. FOR THE EAST AND SOUTH NAPLES SANITARY SEWER
COLLECTION SYSTEM IN THE AMOUNT OF $150,~QO
Mike Arnold, Assistant Utilities Administrator, stated that the
Board interviewed the short-listed engineering firms for this project
Pag~ 24
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AUGUST 11, 1987
and selected Hole, Montes & Associates, Inc. and then authorized the
Utilitieß Division to negotiate an agreement for engineering services
with them.
Tape t5
Mr. Arnold noted that a total contract price has been negotiated
for the complete project which is not to exceed $2.7 million which
represents 15.3% of the estimated construction cost of $17,635,000.
He indicated that on July 23, 1987, the Board of County Commissioners
approved a partial agreement for engineering services to allow the
consultant to begin the aerial surveying, photograph and mapping. He
indicated that the amount for this was $283,000 which has been rolled
into the total fee. He noted that it is also necessary to proceed
with the initial design work in order to meet grant timetables and an
agreement for these services would amount to $150,000. He stated that
this is a big project that involves a lot of work and time and he is
requesting authorization to proceed with the initial design work in
the amount of $150,000.
Commissioner Pistor moved, seconded by Commissioner Goodnight and
carried unanimously, that the agreement for a portion of the engi-
neering services with HOle, Montes , Associates, Inc. for the East and
South Naples sanitary Sewer Collection system in the amount of
$150,000 be approved and the appropriate budget amendment be prepared.
aDaK 106 p,\f,t244
Page 25
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AUGUST 11, 1987
Item UD3
"WELCOME TO GOOD LAND" TO BE PAINTED ON WATER STORAGE TANK IN GOODLAND
- APPROVED WITH STIPULATIONS
Utilities Administrator Crandall stated that he requested that
this item be taken off the consent agenda as he has been discussing
this matter with the Risk Management office. He noted that the
request is from a volunteer group from Goodland that would like to
paint "Welcome to Goodland" on the water storage tank. He indicated
that his only concern is the liability of the County, adding that he
did receive a complaint this date from someone objecting to the water
tank being painted.
Commissioner Pistor stated that he understood that the people
that Wêre going to paint the water tank are commercial painters and
have their own insurance.
Mr. Crandall stated that he understood that the pecplearé pro-
fessional in nature but he does not know if they do this work for a
living.
Risk Manager Rynders stated that anytime anyone does something for
the County, any liability would be the County's responsibility. She
noted that they are considered volunteer~ not receiving compensation
and the responsibility would revert back to the County.
Commissioner Saunòers stated that he would like a member of staff
present when the tank is being painted to be sure that nothing is
being done that is prohibited.
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Page 26
aOOK 106 PAGt 248
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AUGUST 11, 1987
Mr. Crandall indicated that the County has the ultimate control
and he planned on having someone from staff on the job at all times.
Commissioner Hasse questioned if the waiver would be sufficient to
protect the County, to which County Attorney Cuyler stated that the
waiver is legal and proper, but it would riot absolve the respon-
sibility of the County.
Risk Manager Rynders stated that even with a waive~ o~ hold
harmless, the County would still be responsible because the people
8re volunteers.
There was some concern voiced regarding the letters on the sign,
to which Mr. Crandall stated that all letters would be the same size.
.
commissioner Saunders moved, seconded by Commissioner Glass and
carried unanimously, that the painting of the "Welcome to Goodland" on
the water storage tank be approved; that it be in accordance with the
sign ordinance; that someone from staff be present at all times to
insure that the work is done in the proper manner; and that a waiver
be signed.
Commissioner Glass stated that he hopes that the maintenance on
this sign will be kept up in the future.
Item UE1
BOARD PAY POLICY AND PAY PLAN FOR FY 1987/88 APPROVED SUBJECT TO FINAL
ANALYSIS AT BUDGET WRAP-UP SESSION
Administrative Services Administrator Ochs stated that this is a
request to approve a 4.5% general wage adjustment and selected pay
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AUGUST 11, 1987
plan recommendations and pay grade adjustments for Board employees.
He noted that the 4.5% incr€,ase would be effective September 26, 1987,
and within that pay plan, there is a recommendation to make certain
position reclassification adjustments in order to remain competitive
and equal within the pay plan. He stated that there is also a recom-
mendation that the Board suspend for a period of one year, the merit
system in order to make certain provisions in the system. He noted
that a 2% salary adjustment is also being recommended for new hires
upon completion of the 6 month probationary period. He indicated that
there is a recommendation to increase entry level for executive and
clerical pay schedules and a recommendation to allow the County
Manager to authorize the hiring within an established pay range of
more than 10%. He noted that the fiscal impact of the paV plan recom-
mendation is $191,000 for the 4.5% general wage adjustment and
$143,059 for the pay plan adjustments and reclassifications.
Commissioner Pistor questioned if and when the merit plan is
reinstated, would it be done on the anniversary date or at the
beginning of the fiscal year, to which Mr. Ochs indicated that there
are pros and cons both ways and they will be studying the situation.
He noted that even though the merit system is suspended over the next
fiscal year, the employees will still be evaluated on their anniver-
sary date.
Commissioner pistor stated that he feels that all raises should be
effective October I, 1987, instead of continual raises all year long.
~OOK lOB PAGt 250
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AUGUST 11, 1987
Commissioner Glass stated that he is concerned about doing away
with the merit plan as there are a lot of people that have performed
above the normal and they are now going to be penalized.
County Manager Dorrill stated that as a result of concerns
expressed by Constitutional Officers, it has been incorporated into
the budget that the total wage adjustment effective October I, 1987,
will be 4.5%. He indicated that the concern of the Constitutional
Officers is that with the merit system, the average Board employee is
receiving more than 4.5%. He noted that a survey was done as part of
the budget process and 75% of the employees that responded indicated a
dissatisfaction for the system. He stated that he feels that the
system should be evaluated and there should be a merit process, but in
the meantime, it is being recommended that everyone received a 4.5%
wage adjustment on October 1, 1987.
Clerk Giles stated that at the time of discussion, 3% across the
board was being considered and then a merit increase of typically 3%,
but when that amount of was spread out through the year, it resulted
in 1.5% which showed the inequities of the system. He stated that he
has a problem with a 4.5% general wage increase because the average
increase for the State employees is 7%, which also applies to all
elected officials. He stated that he does not think that the 4.5%
covers the cost of living and questioned what the figure is for the
cost of living?
Mr. Ochs stated that a wage and salary survey was done in conjunc-
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AUGUST 11, 1987
tion with the budget process and local private companies were also
included. He noted that there are positions that have been difficult
to fill with top level people but the Board adopted a policy that
holds the general wage adjustment to 4.5%, adding that the cost of
living in the prior 12 months is above 4.5%. He indicated that the
School Board is going to·receive 7% and he is trying to maintain com-
petitiveness with the community, but is restricted according to the
guidelines and policies adopted by the Board of County Commissioners.
He noted that of the 67 counties in Florida with regards to cost of
living, Collier County ranks in the first ten, adding that all those
factors should be taken into consideration.
In answer to Commissioner Hasse, Mr. Ochs stated that the bulk of
the individual position recommendations are in the clerical schedule
because it is difficult to get clerical candidates in with the skills
that are required.
Clerk Giles stated that he is not finding fault with what Mr. Ochs
is presenting, adding that he has approximately 125 employees and 110
to 115 are probably under $18,000 and are primarily clerical. He
noted that it is difficult to make a living in this county with that
amount of money. He stated that he would like to see at least the
cost of living available. He noted that he is not trying to hold this
up, but he would like to revisit some of these matters.
Deputy Chief Barnett stated that the Sheriff's Department is
having the same problem as Clerk Giles, ~dding that they are losing'
aODK 10ôpm252
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AUGUST 11, 1987
employees due to the wages. He stated that he agrees with the plan
but something is going to have to be looked at on an overall basis.
He noted that he does not want to compete with any of the offices at
the complex, but there will be lot of employees jumping around if the
pay raises are given in different manners at different times. He
noted that they have not found any criteria for a merit raise that
would satisfy all their needs, adding that they are working on one now
that hopefully will accomplish this.
County Manager Dorrill stated that the 4.5% was made as a policy
decision by the Board in April and the amount that other jurisdictions
are receiving as well as what the Constitutional Officers are
receiving far exceeds the 4.5% budget policy. He noted that if the
Commission feels that there are concerns based on what other jurisdic-
tions around the county are doing as well as what elected officials
may be entitled to in the way of a general wage adjustment, his advice
would be to stay at 4.5% but to instruct staff to conduct a new survey
and be prepared to discuss it during Mr. Ochs' budget workshop and
invite the constitutional officers at the same time. He stated that
there are two items up for discussion: one involves the general wage
adjustment and the other involves the annual opportunity to review the
County's own position, classification and pay plan. He noted that
there are a number of positions where there is trouble in competing
and not only with secretarial and clerical but also with the executive
pay plan which has not been adjusted in over two years. He noted that
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AUGUST 11, 1987'
there are department director positions and some professional posi-
tions that should have their pay range increased.
Commissioner Hasse stated that he is concerned with the difference
between the County's people and the Constitutionûl Officers' people,
adding that they should be uniform.
Commissioner pistor stated that he thinks that the staff recommen-
dation should be accepted at this time and then discuss the matter at
the appropriate time during the budget meetings.
Mr. Dorrill stated that the appropriate time to do this would be
in the wrap-up session of the budget meetings.
Commissioner Goodnight stated that this could all be addressed at
the wrap-up session and oy that time, they will know what has been cut
out of the budget.
Mr. Dorrill stated that in the meantime, Mr. Ochs could prepare
all the necessary information and also discuss it with the cònstitu-
tional officers.
commissioner Goodnight moved, seconded by Commissioner Glass and
carried unanimously, that the Board pay policy and pay plan be
approved but that the salary adjustment be readdressed and possibly
increased at the budget wrap-up session.
County Manager Dorril1 indicated that the recommendation is,
therefore, approved subject to some final analysis.
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Page 32
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AUGUST 11, 1987
Tape 46
Item f9F1
RESOLUTION 87-185 SETTING THE DATE OP OCTOBER 27, 1987 FOR A SPECIAL
ELECTION FOR AN ADDITIONAL ONE-CENT SALES TAX - l.DOPTED
Mr. Tom Olliff, Assistant to the County Manager, stated that this
item is to set a date and conduct a special election for a one cent
sales tax increase. He stated that during this year's State legisla-
tive session, an additional one cent sales tax was passed. He noted
that some of the characteristics of the law is that the County can
develop a new sharing formula for the cities within the County where
the tax is passed or the existing formulas for the revenue sharing can
be used. He stated that his recommendation is that the County retain
the formulas. He noted that the City of Naples would receive $1.5-2.0
million in revenues and the City of Everglades would receive $150,000
to $200,000 in revenue. He noted that the taxes are not to be placed
on items over $5,000 in value which means that cars, boats, etc. would
be exempt from the tax. He indicated that from the date that the
referendum is passed, the tax could not be collected until the
following January which is why a special election is being recommended
for this November. He noted that if this revenue can be collected in
January, it will have a direct impact on fiscal year 1987-88 budget.
He stated that November 10th was recommended but the Supervisor of
Elections has recommended that this date be changed to October 27,
1987, due to the fact that there are not enough polling places on
November 10th.
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AUGUST 11, 1987
County Manager Dorrill pr~~ented a copy of the five-year Growth
Management Plan that has been forwarded for recommendation from the
Citizp.ns Advisory Committee and the Planning Commission. He noted
that there are still some items that have not been finalized, but it
is safe to say that it is a legitimate plan in o~der for the
Commission to mai~tain the growth and the quality of life over the
next five year period in Collier County. He noted that in order to
increase the revenues over the next five years, the Commission has two
choices: one is a continued expansion of the existing revenue source
which will be ad valorem taxes and impact fees: the second choice is
the new 6th cent local option sales tax. He noted that the sales tax
legislation will allow the County to impose a tax in one-quarter cent
increments for a maximum of 15 years and can be bonded and used for
e.
debt service. He noted that the Commission has adopted a policy that
leans toward pay-as-you-go type programs, especially for the short term
needs. He noted that the estimates without escalation is somewhere
between $11 and $13 million a year which would provide the County with
amounts between $55-65 million if the full penny is enacted, which is
what he is recommending. He noted that this still leaves $15 million
over the five years that has to be accounted and the only good source
is to increase or create new impact fees, adding that he already has
instruction to do just that. He noted that a portion of the· shortfall
will come from that source as well as ad valorem taxes paying a por-
tion of the continuing capital improvement needs of the County., He
BODK 106 PAGt 256
Page 34
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AUGUST 11, 1987
noted that historically the ad valorem taxes have paid operating
costs. He noted if the Commission pursues this, he would recommend
that at the conclusion of the existing five year program, the addi-
tional portion of the sales tax should be sunsetted. He noted that he
does not have a program or budgets that account for imposing a tax
beyond that, adding that the opportunity should be left available. He
stated that his recommendation would be to proceed to have a special
referendum, to begin collecting the tax in January, 1988 in the full
one cent increment for a period to be determined, but to give con-
sideration to sunset provisions at the end of five years.
Commissioner Pistor stated that the Capital Improvements Program
is very conservative, adding that he has concerns with regards to
limiting this tax to five years. He noted that the tax is the most
equitable way of collecting this kind of money' and by putting a limit
of five years on it is being short-sighted.
Commissioner Hasse stated that it is imperative that people
understand that they are not yoing to be saddled with this extra one
cent tax forever. He noted that if the County proves that this tax is
beneficial, then the people should have the opportunity to approve
additional time.
He stated that he feels that the people would be
more supportive in this respect.
County Manager Dorrill stated that last Friday he invited people
from the community to advise them in advance of what is happening. He
noted that he hopes that this community will continue to set high
: Page 3S
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AUGUST 11, 1987
standards for itself so that when the five year Growth ManagementR1an,
is completed, Collier County could proclaim themselves to be one of
the premiere communities in Florida and in order to do that some
equitable funding mechanisms have to be developed and sales tax is the,
way to go because 40% of it is paid for by out-of-county residents.
Supervisor of Elections Morgan stated that she is requesting that
the election date be October 27, 1987, due to the availability of
polling places. She stated that if November 10th is the date of the
election, 6 polling places will not be available and on October 27,
1987, there will only be two that are not available. She noted that
she is also requesting that the area on the first floor of Building
"F" where the merchandise is received be made available for one of the
replacement polling places and that the new administration facility
for Parks & Recreation on Santa Barba:a be made available as the other
facility. She stated that she is also requesting that the warehouse
that she is supposed to be occupying be completed by the end of the
week. She stated that she needs the County Attorney to be directed to
make a submission to the Department of Justice within the next couple
of days for pre-clearance of the special election date as is required,
and that they request expedited consideration because absentee ballots
have to be in the mail to military and overseas Americans by September
22, 1987. She stated that her budget will need to be amended and the
estimated figures for the current fiscal year versus the proposed
budget have been presented to Mr. Olliff. She noted that .the Chairman
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AUGUST 11, 1987
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will have to be authorized to sign a resolution so that it can go with
the County Attorney's aubmission and her submission for the temporary
polling site changes. She reported that she is also requesting that
the Chairman be appointed to the canvassing board and ,that the ballot.
cards that were ordered for the School Board's special election be
used for this special election because otherwise ballot cards could
not be obtained in time for the election.
Commissioner Hasse stated that November 10, 1987, would be a
better date and would give the County more time to inform the public'
as to what is being suggested and questioned if there would be such a
tremendous hardship?
Mrs. Morgan indicated that on November 10, 1987, there would be
about 6,000 voters that would not have a place to vote. . She stated
that by using the October 27, 1987, date, she will only have to relo-
~ate about 1,200 voters.
County Manager Dorrill stated that one of the realities of this
proposal is that a good job has to be done on public education and he
is recommending that he be allowed to spend some County money to have
brochures and educational documentsrmade explaining what is,proposed
and run some public advertisements in the newspapers.. He stated ,that
this has to be done or there will be an uninformed electorate going to
the polls, and if they are not sure ,what they are voting for,;they'
will vote·no.
. ,.
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Mr. ,John Lowdermilk, President of, Naples Board.of·Realtors, ,stated
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AUGUST 11, 1987
that they are in favor of this sales tax as it is the only equitable
way to involve the tourist in paying their fair share of these impro-
vements. He stated that they adopted the recommendation of the Citi-
zens Advisory Committee's position with-regards to the funding,of
capital improvements, including the impact fee for roads and parks and
recreation. He noted that if the additional revenues from the sales
tax generate the necessary funds for capital improvements, then,they
would oppose the impact fees.
County Manager Dorrill stated that the Builders and Contractors
Association and the Naples Chamber has also taken a position that they
are in support of the sales tax.
¡ ,
Commissioner Saunders stated that he has a problem witH scheduling.
the election on Octcber 27 or November 10, as one of the critical,ele-
ments in getting this type of a tax approved is educating the public
and informing them of what the money will be spent on.. ! He noted, that"
there is a list of $118 million worth of projects and the County
Commission has not taken any action to approve this list and it will
be several months or more before final action is taken by ,the ;
Commission to identify these as real projects. He stated that it is
going to be difficult to go to the voters in 60 daysand.say here is a
wish list of projects that we need money for. He reported that he
does not feel that the referendum will pass on October:27, 1987, :
adding that if it fails, it will be difficult if not impossible to go
back to the voters anytime soon on the same question of a sales tax.
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He stated that if this is held off until the March 1988 presidential,
preference election, it will give time to identify projects so that
the public will know what the money is going to be used for as well as
the cost of it. He noted that according to the report from the ,
Clerk's office, it indicates that the l¢ sales tax will generate
approximately $13 to $14 million per year which means that over a
five year period that is between $65 and $70 million from that source,
which would cover the shortfall completely. He noted that in addition
to those revenues, there will be additional revenues from the state
because of the new sales tax on services of $2.S million a year which
is $12.5 million over the five year period, adding that the.new reve-
nue source has not been deducted from the $71 million shortfall. He
stated that another source of revenue will be increased· impact fees on
roads as well as expanding the impact fee to cover parks, libraries,
administration buildings, and landfills. He stated that if a bare
minimum of $1 million a year is assumed from that source that would be
$5 million over the five year period and he would suspect that two or
three times that. amount would be raised. He indicated that ther~ is.
also a .83 mill tax right now for capital improvements and one mill
raises approximately $8 million a year which is $33 million over five
years. He noted that there is over $50 million that he does not see
accounted for in the numbers. He noted that the voting public is
going to see these numbers and wonder what the County is going to do
with the estimated $125 million that may, be coming in at. the end: of
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'AUGUST 11~' 19B7
five yeare opposed to the $71 million that is needed. He noted that
with this information, if the question was put on the ballot on
october 27, 1987, he would have to vote against it. He noted that if
this is done at the March presidential prefer~nce election, the
$160,000 for the special election would not have to be spent. He
noted that an obvious disadvantage of waiting until March, 1988 is
that the money cannot be collected until January, 1989, but the
program needs to be sold to the public and he feels that if the elec-
tion was held in March 1988, there would be sufficient time.
Commissioner Pistor stated that the G'~owth Management Committee
has spent a lot of time and effort in preparing a list of items that
are necessary and will appear in the document that has to be approved
in the next year. He noted that in ~rder to prev~nt raising ad
valorem taxes this one cent sales ta~ Is going to have to be approve~. .
He noted that the County is trying to play catch-up on a lot of the
items on the list. He indicated that if the services are not in
place, the County will not be able to issue building permits or move
forward.
Tapet7
corrirnissioner Goodnight stated that in Parks' & Recreation there is
a deficit of $14 million as of this date and impact fees cannot take
care .of that deficit as impact fees can only take care of the growth.
She stated that she feels that the one cent tax should be imposed and
'. everyone should get out and r.ducate the people on the matter.
&ODK 1()6 pm 262
Page 40
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AUGUST 11, 1987
Commissioner Pistor stated that impact fees are after-the-fact and
they will not be collected until after the development or the improve-
ment is in ~lace. He noted that the level of service has to be met.
Commissioner HDsse stated that this is something that needs to be
done, adding that there is not much time to propose this to the public
and educate them, but it is worth a try as this money is needed. He
noted that this tax is going to be paid by the tourist and winter
residents that use these facilities.
Commissioner Pistor stated that if this additional one cent sales
tax is not approved, ad valorem taxes will have to be raised.
Commissioner Saunders stated that the likelihood of this issue
passing is extremely small in his opinion without the abili ty to ade-
quately educate the public and to show them figures and projects that
have been é.oproved so it is known what the money is going to be used
for. He noted that i: it is put on the ballot and defeated in
October, then there is not gOing to be an opportunity to bring it back
to the voters. He stated that by the time that this goes to the
voters, the list will not have been approved and they will not know
for sure if these are projects that the Commission is committed to
doing. He stated that he hopes that it does pass, but he does not
feel that there is enough time.
Commissioner Hasse stated that he feels that the public will
understand what the Commission is trying to do.
Commissioner Glass stated that the people are educated enoùgh to
Page 41
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AUGUST 11, 1987
make the decision and they have the right to make the decision, addi~g
that the bottom line lies with the voters and they have to have the
opportunity to decide.
County Manager Dorri11 stated that if the motion is in order,
it needs to authorize the Chairman to sign the resolution scheduling
the special election on October 27, 1987, for an additional one-cent
sales tax; that there be an additional resolution brought back next
week that would spell out the questiov to be posed; approve the
necessary budget amendment; and some ditect~on with regards to the
sunset provision.
commissioner pistor moved, seconded by commissioner Goodnight and
carried 4/1, (Commissioner Saunders opposed), that Resolution 87-185
8cheduling Ootober 27, 1987, for a special eleotion for an additional
one-cent sales tax be adopted; that an additional resolution be
brought back next week that would spell out the question to be posed1
that the necessary budget amendment be approved for not more than
$120,000 for the election oost: that an amount of money for publioity
be brought back; that the pre-clearance requirement for the special
election date be included; and that the five year limitation be
approved.
Commissioner Saunders stated that he does not know if he could
support the one cent because the numbers that he has seen do not
justify raising $60 or $70 million over five years, adding that he
supports the concept of letting the voters decide on whether there
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AUGUST 11, 1987
should be a sales tax, but he is not sure that the numbers can justify
how much the sales tax should be raised at this time.
Commissioner Pistor indicated that all the numbers to this date
are very conservative and if he had his way, he would put a 1-1/2 cent
tax up to the voters.
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BUDGET AMENDMENTS 87-397/399 AND 87-401/408 - ADOPTED
commissioner pistor moved, seconded by Commissioner Goodnight and
carried unanimously, that budget amendments 87-397/399 and 87-401/408
be adopted.
Item fllA
BUDGET AMENDMENT RESOLUTIONS 87-039 AND 87-040 - ADOPTED
commissioner Goodnight moveð, seconded by Commissioner Pistor and
carried unanimously, that Budget Amendment Resolutions 87-039 and
87-040 be adopted.
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Item U1C
AUDITOR SELECTION VOTES RETALLIED DUB TO ERROR IN VOTING BY A
COMMISSIONER. STAFF TO NEGOTIATE CONTRACT WITH ~OOPERS , LYBRAND
Clerk Giles stated with regards to the selection of the auditor,
there was a mistake made on August 4, 1987, when the vote was taken,
adding that according to Commissioner Saunders he listed his point
value in reverse order of what he intended. He noted that for the
highest ranked firm he entered a point value of one rather than three
and so forth. He noted that he believes that another vote is needed.
Commissioner Saunders stated that he would like to apologize to
everyone, adding that he did not notice on the form how he was sup-
posed to vote. He stated that after the vote, he called Coopers &
Lybrand to tell them they had made a good presentation and was sorry
that they did not get the award but indicated that he had voted for
this firm as his first choice. He stated that they indicated that the
way the vote was tallied, he listed them as his last choice. He noted
that he contacted the County Attorney's office to determine what he
should do. He stated that he is not asking that the vote be recon-
sidered, adding that he simply listed his vote in the wrong manner as
he assumed the first ranked firm would be number one, the second
ranked firm would be number two and so on. He noted that he. would
like to correct his mistake.
Commissioner Hasse stated that he thinks that it would be
appropriate for the whole Commission to revisit and revote the matter.
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AUGUST 11, 1987
He questioned if there is any problem with doing this, to which County
Attorney Cuyler stated that there is only one mechanism that he knows
of as this was simply a mistake made in Commissioner Saunders' tally.
He stated that the only way that he would suggest doing this is
through the reconsideration mechanism, adding that there are certain
requirements under this mechanism but the BCC can waive everything
that has happened up to a motion for reconsideration this date to have
the matter placed on the agenda in accordance with the ordinance for
two weeks from now.
County Attorney Cuyler stated that he would suggest that they
comply with the reconsideration ordinance provisions only because he
knows of no other mechanism to control the situation. He noted that
it would not be appropriate to revote this date.
Clerk Giles stated that the auditors have committed to completing
the field work by December 15 and the report by January 15 and that
requires early auditing techniques to be applied and it may effect the
date that the elements of the contract should be completed. He noted
that he spoke with Commissioner Saunders last week and put this on the
agenda and in the event that any other Commissioner did not use the
point value system appropriately, the error could be corrected~
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Commissioner Hasse stated that the proper thing is to take another
vote on the matter.
Clerk Giles stated that if the Commission waits another two weeks
to retake the vote, it will be the first of October· before the
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contract comes back to the ~~ard and most of the firms want to start
their preparation in August due to the timeframe.
County Attorney Cuyler stated that he would suggest that this go
through the reconsideration mechanism because there is nothing else
that would address this matter. He stated that if the time period is
waived, it would not be in strict compliance with the ordinance.
Attorney Donald Pickworth, representing Rogers, Wood, Hill,
Starman & Gustason, stated that he does not feel that anyone has any
vested legal rights. He stated that the firm made their presentation
last week and l~a3 selected, and when they found out that there was a
problem, they were dismayed. He stated that the Board of County
Commissioners has the right, however, to retally if the vote was made
in error. He indicated that he is not sure if the reconsideration
ordinance has anything to do with this matter.
County Attorney Cuyler questioned if Mr. Pickworth, as the repre-
sentative for the number one selection, would waive any objections as
to whether the retally takes place this date or in two weeks?
Mr. Pickworth stated that they would waive any objections, but
obviously they would like to see the action of last week stand.
Commissioner Saunders stated that he apologizes for his mistake,
but he would like to correct the record and if there is no objection
to checking the tally, he would like to do it this date.
County Attorney Cuyler stated that in light of Mr. Pickworth's
statement, his concerns are resolved.
. ,
'Page 47
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AUGUST 11~'1~87
Mr. Pickworth stated that he does not feel that anything will be
accomplished by waiting.
County Attorney Cuyler stated that there needs to be a recognition
that a mistake took place and the Commission would like to retally.
Tape '8
Commissioner Saunders moved, seoonded by Commissioner Basse that
the votes be retallied due to his mistake. He noted that the firm
should be selccted as a whole and not because there has been a mistake
in the writing of the numbers on the tally sheet.
Upon roll oall, the vote failed 2/31
Commissioner Saunders
Commissioner Hasse
Commissioner Glass
Commissioner Pistor
Commissioner Goodnight
Aye
Aye
No
No
No
Commissioner Saunders stated that he is amazed that the Commission
would not let the will of the Commission be the judge as to who is
obtained. He stated that he does not understand that five
Commissioners would not want to be sure that the votes were tallied
properly.
Commissioner Hasse stated that the Commissioners have always
granted a fellow Commissioner the right to make a mistake and then
rectify it.
Commissioner Glass stated that his vote was not against
Commissioner Saunders, but his vote was that he was comfortable with
the selection.
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AUGUST 11, 1987
Commissioner Saunders stated that whether anyone is comfortable or'
not with the selection, that is not the issue, because that firm may
have not been selected in an accurate manner. He noted that the votes
have to be retallied to determine if that was the firm that was
selected.
Commissioner Saunders moved, seconded by commissioner Hass8, that
he be allowed to reta1ly his vote because that was not the firm that
was necessarily selected. Upon call for the question, the motion
carried 4/1, (commissioner pistor opposed).
Clerk Giles stated that the highest ranked firm should be ranked
with a point value of 3, the second highest with the point value of 2
and the third highest with a point value of 1.
Clerk Giles read the ballots into the record and indicated that
Coopers & Lybrand had a total of II points: Arthur Young and Company
had a total of 10 points; and Rogers, Wood, Hill, Starman & Gustason.
has 8 total of 9 points. He noted. that the Finance Director and the
" .' ',' ,
County Attorney will attempt to negotiate a contr"act' with '¿dopers':& ~.
Lybrand.
County Attorney Cuyler stated for the record, that the recon-
sideration ordinance was waived pursuant to the discussion~of the
Commission that are on record and the discussion with Mr. Pickworth.
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AUGUST 11, 1987
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commissioner Pistor moved, seoonded by commissioner Goodnight
and carried unanimously that the following items be approved
and/or adopted under the Consent Agenda:
Item U4B1
PUBLIC HEARING AUGUST 18, 1987 RE AWARDING CERTIFICATE OF PUBLIC
CONVENIENCE AND NECESSITY TO NAPLES TAXI SERVICE AND GLOBAL LIMOUSINE
Item U4B2
AGREEMENT WITH SOUTH NAPLES SHO~ES CO., INC. FOR THE RELOCATION AND
CONSTRUCTION OF OUTER DRIVE AT THE U.S. 41/LAKEWOOD BOULEVARD
INTERSECTION IN AN AMOUNT OF $60,000
See Pages ~ 79 - C;; f> 3
Item U4B3
REAL PROPERTY ANALYSTS, INC. AWARDED CONTRACT FOR THE APPRAISAL OF 27
PARCELS TO BE ACQUIRED FOR WIDENING OF S.R. 951 IN AHT. OF $43,222.50
Contract $43,222.50. Between U.S. 41 and Marco River Bridge. Lee
H. Waronker approved for appraisal services in .the event the opinion
of a second appraiser is needed in condemnation proceedings.
See Pages J5U'f -ci{15"
Item U4B4
FINAL PLAT OF QUEENS PARK AT LAGO VERDE, PHASE 1 FOR RECORDING.
CONSTRUCTION AND MAINTENANCE AGREEMENT OF SUBDIVISION IMPROVEMENTS
See Pages d 9~ - ..30 ~
Item U4B5
MODIFICATION OF ECONOMIC DEVELOPMENT TRANSPORTATION PUND AGREEMENT
BETWEEN THE COUNTY, THE STATE DEPARTMENT OF COMMERCE AND THE STATE
DEPARTMENT OF TRANSPORTATION TO ALLOW FOR TIME EXTENSION
See Pages _~03 -..3/7
Item tUD1
ACCEPTANCE OF UTILITY EASEMENTS FOR SOUTH COUNTY REGIONAL WASTEWATER
FACILITIES PROJECT
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See O.R. Book 1288, Pages 431-436
Item '14D2 - Moved to 9D3
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Item '~4B1
AMENDMENT TO COUNTY MANAGER'S EMPLOYMENT AGREEMENT
See Pages ....3/? -.3/'1
Item t14E2
RESOLUTION 87-186 AMENDING PERSONNEL RULBS AND REGULATIONS REGARDING
THE EMPLOYEE ADVISORY COMMITTEE
See Pages ,_ ~ ~,CJ - ..3~.~ r' '. í
Item '14E3
RESOLUTION 87-187 AMENDING PERSONNEL RULES AND REGULATIONS REGARDING
SPECIAL PAY ADJUSTMENTS
See Pages ..3 ~. 3
Item U4E4
RESOLUTION 87-188 AUTHORIZING NEW PAY TITLES
.3~S
See Pages
Item t14E5
~c:;?b-~ó?7
APPROVAL O~ PAYMENT O~ SPECI~IC INTERVIEW EXPENSES ~OR ASSISTANT
COUNTY MANAGER CANDIDATES
Item 11426
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CLERK III POSITION IN THE SOCIAL SERVICES DEPARTMENT RECLASSIFIED TO.
CASE'SUPERVISOR ASSISTANT ';/.,:.,,"",'
Item U4G1
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CERTI~ICATES FOR CORRECTION TO THE TAX ROLLS
" ;
1986;, ,.
Nos. 207/208
Dated 7/27-29/87
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Item U4G2
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106 PAl;t 277
AUGUST 11, 1987.
SATISFACTIONS OF LIEN FOR PUBLIC DEFENDER
See Pages -E~ r - ..3~=3?,
Item tUG
MISCELLANEOUS CORRESPONDENCE FILED AND/OR REFERRED
There being no objection, the following correspondence was filed
and/or referred to the various departments as indicated below:
I. Letter dated 07/28/87 from L. Anita Trimble, Environmental
Specialist, DER, enclosing standard form application (File No.
111370409, Port of the Islands, Inc.) which involves dredge
and fill activities. Referred to Neil Dorrill (letter),
David Pettrow, Dr. Proffitt and filed.
2. Letter dated 06/26/87 from Tom Gustafson, Chairman, Com-
mittee on Criminal Justice, Florida House of Representatives,
attaching the Crime Prevention and Control Act (CS/HS 1467).
Referred to BCC, Sheriff Rogers, Neil Dorrill and filed.
3. Letter dated 07/29/87 from Delores G. Dry, District Adminis-
trator, HRS, regarding the 1987 Indigent Care Act and attach-
ing a flow chart showing the critical steps in the implementa-
tion plan. Referred to BCC, Neil Dorrill, Kevin O'Donnell and
filed.
4. Minutes:
OS/28/87 - Library Advisory Board , ," ' 'I ''-' ',: .
08/04/87 - Agenda for FL Land & Water Adjudicatory Commission
06/24/87 - 7/07/87 and 07/13/87 - Marco Island Beautification
Board
07/16/87 - CCPC and 08/06/87 Agenda
5. Letter dated 07/22/87 from Charles J. Hardee, Chief, Bureau
of Land Acquisition, DNR, regarding Transfer of Functions of
the Naples Field Office to Tallahassee. Referred to Neil
Dorri11, David Pettrow, Dr. Proffitt, Pat Carroll and filed.
6. Memorandum dated 07/27/~7 from B. J. White, Assistant Chief,
Bureau of Park Planning and Design, DNR, regarding State
Recreation and Parks Land Acquisition Program - Annual Report
to the Governor and Cabinet. Referred to BCC, Neil Dorrill,
David Pettrow and filed.
7. 08/04/87 Public Notice and Tentative Agenda of Public Beach
Access Advisory Committee meeting of August 12, 1987, DNR,
;:~: ;~! ~1 J Pðge~·~52
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,AUGUST: 11, 1987
3900 Commonwealth Blvd., Tallahassee, FL. Referred to BCC,
Neil Dorrill, David ~ettrow, Edward Proffitt and filed.
8. Memorandum to Board of County Commissioners dated 07/23/87
from Sheriff Rogers regarding Sheriff's Confiscation Trust
Fund and attaching report of activity within Confiscated
Trust Fund. Referred to BCC, Lori Zalka and filed.
9. Letter dated 07/31/87 from Guy L. Carlton, Tax Collector,
attaching proposed budget for the Collier County Tax
Collector's Office for the period October 1, 1987 through
September 30, 1988. Roferred to BCC, Lori Zalka and filed.
...
There being no further business for the Good of the County, the
meeting was adjourned by Order of the Chair - Time: 1:00 P.M.
BOARD OF COUNTY COMMISSIONERS/
"; BOARD' OF ,ZONING A~PEALSlEX",(>V>l
OFFICIO GOVERNING BOARD(S) OF
, 'I SPECIAL DISTRICTS.-,UNDER ITS\.'/!Ð
CONTROL
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BOOK '·lOÔPAr;r278
Page 53
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