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BCC Minutes 04/28/1987 R Naples, Florida, April 28, 1987 LET IT BE REMEMBERED, that the Board of County Commissioners in and for the County of Collier, and also acting as the Board of Zoning Appeals and as the governing board(s) of such special districts as have been created according to law and having conducted business herein, met on this date at 9:00 A.M. in REGULAR SESSION in Building UF" of the Courthouse Complex, 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 (1:30 p.m.), Deputy Clerks; Neil Dorrill, Acting County Manager; Ken Cuyler, County Attorney; Bruce Anderson, Assistant County Attorney; .Tom Crandall, Utilities Administrdtor; John Madajewski, Utili~ies Engineering Director; George Archibald, Public Works Administrator; David Pettrow, Community Development Administrator; Anne McKim, Planning/Zoning Director; David Weeks, Planner; KeVIn O'Donnell, Public Services Administrator; Nancy Israelson, Administrative Assistant to the Board; and Deputy Chief Ray Barnett, Sheriff's Department. Page 1 !OOK 104 PAG£ 01 ~']:"'. ,. ('} ,-~ . l;)'i , . - _.__._----~------_._.----~---- ...-.- 104 PAtE 06 Tape '1 :Item '3 'x,,-- ~ APRIL 28, 1987 ~GEND~ ~D CONSENT AGENDA - APPROVED WITH CHANGES Commissioner Glass moved, seconded by Commissioner Saunders and carried unanimously, that the Agenda and Consent ~genda be approved with the following changes: Proclamation designating the month of Mayas "Older Americans Month" - ~dded. Item #5E Item #9B3 Item il9C2 Itom U2C Item U4B4 Item '5A L~URA CELEDONI~ Discussion on Collier County's position and involv- ment in maintaining existing canals within the Big Cypress National Preserve - Added Lease ag~eement with Collier Model Aeronautics Club continued to this date from 4/14/87 - Deleted Report by Fire District Consolidation study Committee on impact fee - Added Bid #87-1094 - Deleted RECOGNIZED AS EMPLOYEE OF THE MONTH FOR MAY, 1987 Chairman Hasse read a letter and presented Laura Celedonia, Board Secretary, recognizing her as Employee of the Month for May, 1987. Item '5E1 EMPLOYEE SERVICE ~WARDS Chairman Hasse presented Employee Service Awards to the following employees: Robert Dunivan Marilyn Matthes Thomas Braun ¡ .;' ... .. Transportation Libt:'ðt:'y Animal Control 10 yrs. 5 yrs. 5 yrs. Page 2 - - '1',',,; "'J.-) " ~·¡t ." ,.,,:/: : , '}~;'.'~\ . ''i¡bt.' ' ~-.' ,., . ,,'" J1..... '-.:< ~"'" .i,....(,...;.. t!~'~ ~:.:. ;:'.~:~.":?< v ,~ APRIL 28, 1987 . .~ . It"ÌlL tsc '. PROCLAMATION DBSIGN~TING MAY 1, 1987 AS "LAW DAY U.S.~." - ~DOPTED Commissioner Glass moved, soconded by Commissioner Goodnight and carried unanimously, that the proclamation be adopted. Page 3 &OCK 104 PA(;[ 07. "\... 'x " '.',í; ~')~o: T f'·1 -! C:~ ,-·~,___~_,"___~_",_",'_·.''''''___'''__'''_'''''-·W "'-'-~'''''---'-''~'''''~'''--"''-''''-'"'''''''''''''' -""",,~.,..,.;..,..._._- .. - - t&r:'" r¡"'Y", 'f' Ìjf'4 f¡. . ~~'. , ;", ~,}~,/ .~$i. 1~ .~\ i1 '. . i;¿..]), ,~,Lb' :; ". ",~.. '/ :.~~ .~; , "\.t. ~'.' ¡¡::. .' : , '''''if:' ',¡. :~.,~I'·'¡.'~"'I. ,.;.:' ... '., ''''."'',, ,,'" ,'" '. ." i'.>\'·' -<},.,iXte.::'t5D '''lft~.?~~~d~~ION DESIGNATING --.F< .~; LAW. WEEK" - ~DOPTED ...."f': " commissioner Saunders APRIL 28, 1987 THE WEEK OF MAY 1 - 7, 1987 ~S "RESPECT FOR moved, seconded by Commissioner Glass and carried unanimously, that the proclamation be adopted. Page 4 !OOK 104 p~q 0.9 " ~. " ,. ;>"" ::~¡; ,':$ lç¡, . ~; ~~,;~~; , l;$t. , . (".~;~ .\ ,.'#1" Ù';t...:, ~f.' i¡~.,: :'\ ~.;.~.'.,,'~?,'.::., '... ~., .:r.<ir'. :U:'.J·~ ". . ';,' '~. ,,., '}f'"'~'\""'\"~''':-... ,!:.;' ~;t ~iB¡~ife' ~< ",JiW{i~~;¡í:.::" APRIL 28, 1987 :: .......IteDÜ,.~I. . ~:' .(I¡h tol.··~fdr;,\ :\ '~!~ "';~ <.,; . >.·~~~,t,=;~TION DESIGNATING THE MONTH OF MAY AS "OLDER AMERICANS MONTH" - Commissioner Saunders moved, seconded by commissioner Glass and . . .. .. , ,. . .' ,.. .' , .. . ., ". , . I , I ., I , '. ,. ~., carried unanimously, that the proclamation be adopted. ~ <I. .... .... " ''-s: .... . . ; .¡ Page 5 .. !OOK 104f')<;r 11 f:I,' i.l '. i ,. U, , . ). ,,{ _.__""'..""...........J71t 'q" ...--_._--,;-,,,...~.~ I'" .. . ~ '.~. ~' ¡;>;.'~.'? ~' \~I:'I;~:,> ï-.' \. ~. .k-: ;..{;;': . ~ it/'" ". '"~ -' APRIL 28, 1987 Item '6B1 PETITION R-86-25C, DR. NENO SPAGNA, REPRESENTING ROBERT E. DAVENPORT; REQUESTING A REZONE FROM RSF-3 TO PUD KNOWN AS DAVENPORT PUD - DENIED Legal notice havfng been published in the Naples Daily News on March 27, 1987 as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider an ordinance amending Ordinance 82-2 by amendin9 the Zoning Atlas Map Numþer 46.29-9 by changing the zoning classification from RSF-] to PUD known as Davenport PUD. Planner Weeks stated that the petitioner is r8questing a rezone from RSF-] to PUD for property located in Immokalee on t~e north slde of Immokalee Drive about t mile west of S.R. 29. He stated that the property to the north is a mobile home rental park; to the east is developed as single-family; to the south are single-family and mobile homes; and to the west is undeveloped. Mr. Weeks stated that the point rating system allows for 203 dwelling units, however, the petitioner is only requesting 187 dwelling units. He said the area is urban, the density is permitted, and it is Staff's ~~inion that it is compatible ,lith the surrounding land uses. Mr. Weeks advised that the CCPC held a public hearing in Immokalee and voted 7/1 for denial. He said the CCPC expressed that if the Board approved the petition they would recommend using Stipulations UAU through "H" as listed in the Executive Summary. He reported that Page 6 !OOK 104. ?:.q 13 --,.,-"'-~-,. 'OUK 104,,).\,l 14 APRIL 28, 1987 five people spoke against the mobile home portion of the petition stating it is not compatible, will create a bad atmosphere, excessive trash, will lower ~roperty values, and the site should be left as is. Mr. Weeks reported that the Immokalee Fire Chief originally stated obj~ctions to the petiti0n based on water supply and lack of funds. He said that after discus~ion the Fire Chief st~ted that he would like three stipulations contained in the PUD if the petition is approved: 1) issue no C.O.'S until fire hydrants are installed on site; 2) limit structures to two stories in height with both levels to contain a sprinkler system; and 3) design the water retention lake to allow a fire truck to draft water from it. He also noted that two Letters of Objection to the mobile home portion were received at the public hearing. Mr. Weeks stated that ~he current PUD documents have been changed to reflect a chain link fence around the mobile home section of the project and language has been added to address most concerns. He stated that Staff lias some additional concer~s, which are not incor- porated into the document as yet. Commissioner Pistor stated his feeling that single-family and multi-family units were sufficient and he did not want to see the mobile homes. In answer to Commissioner Pistoc, Mr. Weeks stated traffic would have to use the public road at the edge of the sing1e- family sectic~ of the property. In answer to Commissioner Saunders, Mr. Weeks stated the access to the single-tamily section is isolated Page 7 ~ .. - -, __0",,,...--.- ~'''''-''''''''''-~'-'''-''-''''-''''''''--'''-''~'''''''-~''' ,.,--_...."........ APRIL 28, 1987 from the rest of the project and the petitioner is providing a 10' buffer area around the mobile home section with chain link fence and a hedge. Dr. Neno Spagna, representing the Petitioner, stated that the petitioner has met all requirements he was requested to meet, they have been incorporated ir,to the PUD document, and the requirements of the Comprehensive Plan have been met. Referring to a map of the area, Dr. Spagna pointed out the loca- tions of other mobile home parks and the access road to the project. He stated that some of the objections to the project were new uses being introduced into the area. He again displayed the areas of the project pointing out that each use is near the same type of use already existing in the area. Tape 12 Dr. Spagna stated they have agreed to enclose the mobile home por- tion of the property with chain link fence and the southern edge of the property will also be landscaped and fenced. He stated that Mr. Davenport has rewritten the lease forms to incorporate requirements such as skirting on all m~bile homes, no clothes lines will be per- mitted, and there will be no sUbletting permitted. Dr. Spagna stated that Mr. Da 'Anport already has one of the most attractive mobile home parks in the area. Dr. Spagna stated that Mr. Davenport is proposing a development that is needed in Immoka1ee and a benefit to the people of Immokalee. Page 8 !OOK 104 ~,.~ 15 _."..._"¥._,,,.,,~-..- &DOK .104 ~¡;¡: 1£ APRIL 28, 1987 During a lengthy discussion on the condition of the surrounding mobile home park, Commissioner Goodnight stated that Tara Park is in very bad shape. Mr. Davenport stated that Tara Park should not be confused with the adjoining 2 acre park which belongs to him. Mr. Weeks confirmed that ~ ~. Davenport'~ eXisting park is in better shape than Tara Park. Mr. Duane Wheeler, Mr. Robert Coleman, and Mr. John Giddens, pro- perty owners in the immediate neighborhood spoke against the Petition citing garbage, traffic, inadequate infrastructure, lowering property values, and an increase in the already too high crime rate. In answer to Chairman Hasse, Deputy Chief Barnett stated that Tara Park is the highest crime area in Immokalee. Tape '3 ,.;' Mrs. Lynette Davenport stated that everyone would like to clean up Immokalee and requested the opportunity to help by proceeding with this development. Commissioner Goodnight stated that the PUD document calls for recreation facilities to be provided by the developer and specifically calls for ~~ ng sets. She said she would prefer that the reference to swing sets be removed and language inserted to provide for the same type of equipment now being used in the Community Parks. She also pointed out that the PUD document r~fers to the County Water and Sewer facilities, however, Immokalee is served by the Imn~ka1ee Water and Sf.!wer· District. . . ~ .' . ", , . i L (\~;i Page 9 '- ". .. _. - """"""~"""'----'''''.''''''-''''' APRIL 28, 1987 In answer to Chairman Hasse, Mr. Weeks stated there is B new water tank scheduled tc go on line at the Immokalee Airport and the Fire Chief feels that is adequate if the lake is designed to allow the trucks to draw from it. In answer to Commissioner Goodnight, Œounty Attorney Cuyler stated that some of the rules and regulations proposed by Mr. Davenport for his leases could be placed in the PUD document, however, the County would not be responsible for ~nforcement. Dr. Spagna confirmed that the individuals will own their own trailers and rent the space from Mr. Davenport. Commissioner Saunders moved, seconded by Commissioner Glass and oarried unanimously, that the public hearing be closed. In answer to Chairman Hasse, Commissioner Goodnight stated that Tara Park is the worse mobile home park iri the entire community. Commissioner Goodnight moved, seconded by Commissioner Saunders, that Petition R-86-25C, Dr. Neno J. Spagna representing Robert E. Davenport, requesting a rezone from RSF-3 to PUD known as Davenport PUD, be approved with the following stipulations: 1. Park Rules and Regulations be incorporated in the PUD Document 2. All 8 of the CCPC Stipulations with the reference to swing sets deleted 2, The Zoning Ordinance limitation on size of the trailers shall be restated within the PUD document During discussion of this motion Mr. Cuyler asked the Petitioner to state whether he intends to enforce the rules and regulations sub- Page 10 !OOK 1D4 PA<:r 17 ~'~-"_... ;f~" ~~¡::;'" ~~~:, ~'~'.. ' ~.; ·1\1'1 j~ lOOK 104.." 18 :,~'" . >~1:' . ;'1.; APRIL 28, 1987 mitted and if he wishes them placed into the PUD document. Dr. Spagna stated that they do intend to enforce the rules and regulations sub- mitted for the mobile home par.k and request that they be placed in the PUD document. Commissioner Goodnight stated that for the benefit of the public, the rules and regulations of the park include: trash to be picked up twice per week, no junk cars, no loud noise, no reckless driving, no drinking of alcoholic beverages within the open space of the park. Upon call for the question, the motion failed 3/2 (Commissioner pistor and Chairman Hasse opposed). Commissioner Saunders moved, seconded by Commissioner Pistor and carried ~nanimously, that staff review the Littering Ordinance to see if a property owner is responsible for cleaning up property. If so, staff is to take appropriate action on the owner of Tara Park in Immokalee; if not staff is to prepare a draft ordinance and submit it to the Board for consideration. Dr. Spagna stated that the Petitioner will withdraw Item #6C3, Petition AV-87-002, requesting the vacation of a sixty (60) foot right-of-we~ at this time. ... RECBSS ~T 10:30 ~.M. RECONVENED ~T 10:40 P.M. *** Item f6C1 RESOLUTION 87-96, AMENDING DEVELOPMENT ORDER 86-1, FOR THE WOODLANDS _ 1.DOPTED Legal notice having been published in the Naples Daily News on March 22, 1987 as evidenced by Affidavit of Publication filed with the Page 11 .. .., - ~ftt,.t' .~~r-. ..!..~ APRIL 28, 1987 Clerk, public hearing was opened to cohsider amending Development Order 86-1 for the Woodlands, continued from April 7, 1987. P1anning/Zoni~g Director McKim stated this resolution amends the section dealing with transþortation for the Woodlands. She stated that the SWFRPC expressed concern on the level of service required. She said this amendment simply clarifies the language. Tape '4 Mrs. McKim stated that the proposed amendJoent requires ope test if service equals or exceeds 5%. She said the results of the test deter- mine any deviation from the standard. Commissioner Goodnight moved, seconded by Commissioner Saunders and carried unanimously, that the pUblic hearing be closed. Commissioner Goodnight moved, seconded by Commissioner Pistor and carried unanimously, that Resolution 87-96, amending Development Order 86-1, tor the Woodlands, Section D.5a(7) & (8) and Section D.S.b(4), be adopted. ¡: '.,. Page 12 I !OOK 104 f'.t.r.r 19 ',- ¡" ~.~ ~J APRIL 28, 1987 requirements. He stated this change will not affect the integrity of the drainage. He stated that the original developer of this property designed the subdivision, however, they would like to use larger homes. , Mr. Darr stated that when they grade the swa1e to a 4:1 grade they will be taking 4 to 4t ft. of Four Seasons' property. He also stated that by increasing the depth of the lots, they will be taking 10 ft. of natural vegetation, and will be knocking down trees to get the addi tio;.~ 1 10 ft. He ~tated that the residents of Four Seasons would like a fence along the property line to protect the children in Regent Park from getting hurt on Four Seasons' property. Mr. MCAnly explained that the additional 10 ft. will not be disturbed, but is needed to establish a lot line back far enough to comply with the rear yard setback. Mr. Darr submitted pictures of the swale to the Board. Commissioner Glass stated that if it will only take Staff one week to investigate the matter of the swale, he would like to continue both items. Commissioner Glass moved, seconded by Commissioner Saunders and carried unanimollsl:¡, that Petition AV-87-004, WillitJI\ C. MeAnly as Agent roquesting the vacation of the Plat of Regent Park to allow Petitioner to repl~t and a request for approval of the final plat of Regent ParT. replat for recording, be continued to May 5, 1987. Item '6C4 RESOLUTION 87-97, PETITIO~ SNR-87-5C, BE~~ARD DUDLEY REQUESTING STREET RENAMING FROM IVEY WAY TO LAWSON W~Y - ~DOPTED Page 14 ðOOK 104 fA';! 25 --"', ",.~.'''"'--~,.''''+...,-.,'--........~ --"''''''..,-, --..... 'aD OK 104Ðî.f 26 APRIL 28, 1987 Legal notice having been published in the Naples Daily News on April 12, 1987 as evidenced by Affidavit of PUblication file~ with the Clerk, public hearing was opened to consider street name change from Ivey Way to Lawson Way. P1annin"/Zoning Direct-:>r McKim stated that when the plat for Naples Plaza WòS approved, the street n~mes Dudley Drive and Ivey Way were approved with t~e plat. She stated, however, that an Ivey Lane already exists in Quail Hollow which is a recorded subdivision north of Rattlesnake Hammock Road off of Polly Avenue and the ?etitioner is requesting the street, Ivey Way, be renamed Lawson Way. Mrs. McKim stated Staff has no objections to this petition. Commissioner pistor moved, seconded by Commissioner Saunders and carried unanimously, that the public hearing be closed. Commissioner Pistor moved, seconded by Commissioner Saunders and carried unanimously, that Resolution 87-97, Petition SNR-87-5C, Bernard Dudley req~estin9' street rena.ming from Ivey Way to Lawson Way, be adopted. Page 15 - ,- - ---"."","",-, ., ,-' , )",~ < : ~.. ,,,y"> ' ~.~:- a~oK 104 ~C! 2B ~~¡',' ~, < ." I:"~;' '. ~ .t~,"r: .: ( ,~~ . ., i~' Item"~C5' ORDINANCE 87-26 REPEALING THE GOLDEN GATE FIRE CONTROL DISTRICT AS ~ DEPENDENT DISTRICT - ADOP~Eú APRIL 28, 1987 Legal notice having been published in the Naples Daily News on April 8, 1907 as evidenced by Affidavit of Puhli=ation filed with the Clerk, public hearing was opened to consider repealing the Golden Gate Fire Control '",istrict as a dependent district. County Attorney Cuyler stated that his office at~empts to go back through the Ordinances and repeal the one~ that have been superseded. He stated that the Golden Gate Fire District was set up as a dependent district in 1974 and that 0istrict has now been created by legislation as independent. Commissioner Saunders moved, secon~e~ by Commissioner Glass and carried uLanimously, that the pUblic hearing be closed. Commissioner Saunders moveð, seconded by Commissioner Goodnight and carrie~ unanimously, that the or~inance as numbered and titled below be adopted an~ ~~tered into ordinance Book No. 26: ORDINANCE NO. 87-26 AN ORDINANCE REPEALING ORDINANCE NO. 74-3 WHICH ESTABLISHED THE GOLDEN GATE FIRE CONTROL DISTRICT AS A DEPENDENT DISTRICT; PROVIDING CONFLICT AND SEVERABILITY; PROVIDING AN EFFECTIVE DATE. .. . ..-, Tape '5 Item '6C~ ,RESOLUTION 87-98/CWS-87-9 PRELIMINARY ~SSESSMENT FOR THE PALM SPRINGS SUBDIVISION WATER SERVICE IMPROVEMENT DISTRICT Legal notice having been pUblished in the Naples Daily News on April 12, 1987 as evidenced by Affidavit of PUblication filed with the Page 16 'x .. '.. .. APRIL 28, 1987 Clerk, public hearing was opened to consider the Palm Springs Subdivision Water Improvement District Assessment Roll. Utilitic3 Engineering Director Madajewski stated that the Palm Spring~ Su~division water improvement project has been completed and the cost has 'een tabulated. He stated there was a reduction in cost from the original estimated cost and the reduction is reflected in the assessments. He advised that this is a 100% assessment project levied against the benefitted properties. Mr. James Hylie, resident of Palm Springs Subdivision, stated that he is a 5 month resident of Collier County and asked if he must con- nect to the County water system. Mr. Madajewski explained that it is mandatory to connect tc the County water system when it becomes available. He said existing structures pay impact fees at the time of connection and new construction will pay their impact fees at the time they obtain a building permit, Commissioner Saunders moved, seconðed by Commissioner Glass and carried unanimously, th~t the public hearing be closed. Commissioner Saunders moveð, seconded by Commissioner Glass and carrieð unanimously, that Resolution 87-98/CWS 87-9 proliminary assessment for the Palm Sp~ings Subdivision Water Service Improvement District be adopted with a payment period of 7 years with a 9.75% interest rate. " I Page 17 ',:, !DDK 104 f'~r,t 29 , ¡ yet :i í ¡.,! " --_. """'~"""""M"'~__" ---",~.,- #'-' .., . " . . -. , -. . f-" . ,..., " ·á9D~.' 104pm 42 , , .- , APRIL 28, 1987 'ADDED RESOLUTION 87-99/CWS-87-10/MWS-87-1/GWD_87_1 INSTITUTING FORECLOSURE PROCEEDINGS OF PAST DUE WATER ~SSESSMENTS ~ND OBT~INING TITLE REPORTS - ~DOPTED ., . Assistant County Attorney Anderson stated that previously levied special water assessments are now past due. He said that the Statute requires the Commissi0n to direct its attorneys within 30 days to ,begin foreclosure pr.oceedings after the assessment~ become past due each year. He stated they are currently working on drafting the foreclosure complaints for 8 different special assessment districts, but at this time do not have the exact number of properties involved. He requested official direction from the Board and said he will prepare a resolution directing the County Attorney's Office to draft foreclosure complaints and authorization to obtain title reports for all of the properties that will be subject to foreclosure pro- : ceedings. In answer to Chairman Hasse, Commissioner Saunders explained that this resolution is simply the authority to proceed and comply with State LðW and will bring this back before the proceedings are actually . filed. Commissioner Saunders moved, seconded by Commissioner Glass and carried ~nanimously, that ResOlution 87-99/CWS-87-10/MWS-87-1/GWD_87_1 authorizing the County Attorney to prepare the appropriate foreclosure documents for past due special water assessments and obtain title reports, be adopted. Page 18 4 " .. ..' - ---,.""....,.....".....""'...... '~k ~ v' ';"';' i, , ',{.:~: "f,/ ~" ':tt; ~~': _.w", - - - Item '7B1 ~PRIL 28, 1987 RESOLUTION 87-100, PETITION PU-86-5C, FORSYTHE, HUMPHREY AND ASSOCIATES, REPRESENTING DR. RON~LD H. STANHKE, REQUESTING ~ PROVISIONAL USE EXTENSION OF PROVISIONAL USE "a" OF THE C-3 DISTRICT FOR INDOOR RECREATIONAL USE - ADOPTED Planning/Zoning Director McKim stated that the provisional use for indoor recreational use on Castello Drive approximately 200 ft. east of U.S. 41 was approved on May 20, 1986. She stated that the Petitioner is requesting an extension for one year of the provisional use and Staff recommends approval of this petition. Commissioner Saunders moved, seconðed by Commissioner Glass and carried unanimously, that Resolution 87-100, Petition PU-86-SC, Forsythe, Humphrey and ~ssociates, representing Dr. Ronald H. Stanhke, requesting a provisionAl use extension of Provisional Use "a" of the C-3 District for indoor recreational use, 'be adopted. Page 19 aOOK 104 PA<;r 45 f I I. ~ .j I;'~ i} , " Item f8~ APRIL 28, 1987 PRESENTATION BY MS. DEBBIE CINGOZ RE OUTSIDE SALES AT FARM MARKET ON U.S. 41 ~D 99th dTREET .. ZONING DIRECTOR TO ISSUE INTERPRETATION OF APPLICABLE SECTION OF TOE ZONING ORDINANCE County Attorney Cuyler stated that Staff should review the public petitions before th~v a~e presented to the Poard, since they may only require an interpretation by the Director. He said that if the peti- tioner does not agree with the Director's interpretation, the matter can then be appealed to th¿ Board of County Commissioners. Mrs. Debbie Cingoz, Petitioner, stated that she and her husband operate a farm market on leased property at u. S. 41 and 99th Street. She said they were not aware of the regulations they needed to follow and had a lot of produce outside. She stated they were cited for a zoning violation and went to court on April 6, 1987. She advised that her husband was placed on probation and they were told that everything had to be kept inside. Mrs. Cingoz advised that since that time they have built a sturc- ture with a top, a back, and open on tnree sides. She said that all produce is now kept inside the structure. She stated that the Zoning Investigators have visited again, and stated they are not sure that the structure complies with the zoning. Mrs. Cingoz submitted pictures of the premises to the Board and stated that if they have to place everything inside the structure, they will have to Close the business, since just placing some produce inside has already cut down on their amount of business. Page 20 !OOK 104 PAG[ 4.9 ___·_4..___._.__~...~ ._,___ -"--".-...----- ------- &OOX 104 PAt[ 50 APRIL 28, 1987 In answer to Commissioner Pistor, Mrs. Cingoz stated they obtained a building permit to place the structure on the property. Planning/Zoning Director McKim stated that she was not aHare that a building permit had been obtained and that a structure had been built since the court date. She stated that she would like some time to make a site visit and determine whether the structure meets the zoning requirements. She stated she would provide the owners of Farm Market with an interpretation of that section of the Zoning Ordinance and if they do not agree with the decision, they can then appeal the matter to the Board. Commissiùner Saunders requested Mrs. McKim to ask the Zoning Inspectors to hold off on citing the Cingoz's until she has a chance to issue an interpretation. He explained to Mrs. Cingoz that they will need to meet with Mrs. McKim to find out what they can do and what they cannot do, and if they find they need a variance, they will have to come back hefore the Board. Deputy Chief Barnett stated that the conditions of Mr. Cingoz's probation should be checked, since one of those conditions probably states that he may not engage in the activity for which he was placed on probation. Mr. Cuyler stated that he will check with the State Probation Officer on the condition of Mr. Cingoz's probation. Commissioner Saunders advised Mrs., Cingoz that they must also call the County Attorney in the morning to see if they can continue to operate while the Zoning Director reviews the situation. ~ .. ..' Page 21 .. ·.--.'".....'''..... - - - Item UB2 APRIL 28, 1987 RESOLUTION 87-101 AWARDING A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY TO DIAMOND LIMOUSINE, INC. - ADOPTED Public Works Administrator Archibald stated on April 13, 1987, the Public ,Vehicle Advisory Committee recommended that a Certificate of Public Convenience and Ne~essity be awarded to Diamond Limousine, Inc. He stated that Staff has also reviewed the application and recommend that a resolution be adopted awarding this certificate. In answer to Chairmdn Hasse, Mr. Archibald stated that PVAC is presently reviewing the matter of possibly limiting the number of certificates. He said that approximately 175 certificates have been approved and a large percentage of those are operated in Lee County. Commissioner Glass moved, seconded by Commissioner Saunders and carried unanimously, that Resolution 87-101 aWarding a Certificate of PUblic Convenience and Necessity to Diamond Limousine, Inc. be adopted. Page 22 !OOi: 104 PAG[ 51 ;·t!"! .., ':' . , aCOK 104 PAt[ 54 Item f9B3 APRIL 28, 1987 EXISTING C~NALS WITHIN THE BIG CYPRESS NATIONAL PRESERVE _ TO BE DEDICATED/~EEDED TO THE NÞ.TIONAL PJI.RP: SERVICE Public Works Administrator Archibald stated the canal system within the Big Cyprcss National Preserve is maintained by the County. He advised that the Department of the Interior has requested that the County consider the vacation or transfer of those canals from the County to the Federal Government. He stated that the Federal program plans to undertake improvemcnts to restore natural drainage to the preserve area by ihstalling a culvert and a series of weirs along Turner River Road. Mr. Archibald stated that Staff recommends recognition of the restoration program and approval of implementation of it stage by stage to allow the County to review any adverse affects to area pro- perty owners and that the 30ard consider future transfer of the County system to the Federal Government. In answer to Commissioner Pis tor, Mr. Archibald stated that Staff would like to monitor the results of establishing a low level weir ðnd see if, in fact, i~ helps the property owners. He also stated that if the County allows the work within their canals, the County maintains control and if flooding occurs, the County could have the weirs lowered or removed. He said Staff is suggesting that some of the improvements be undertaken, and the County review the results on a step-by-step basis. In answer to Commissioner Saunders, Mr. Archibald Page 23 -" .. ... - APRIL 28, 1987 stated that the results would need to be studied at least through one wet season representative of a normal wet season. Mr. Fred Fagergren, National Park Service, outlined the Big Cypress Preserve area on a map pointing out Turner River Road and Wagonwheel Road. He stated that they are proposing restoration of damage done to this area in the 1960's. He stated that the borrow canals were a by-product of the road construction in this area. He . then gave a brief outline of the history of the area. Tape '6 Mr. Fagergren stated that the National Park Service will accept liability for any impacts on private land and they do not believe the weirs will raise water levels enough to adversely impact these lands. He noted that this project will expand the hydroperiod, but not the hydrolevel. He noted, that at the present time, the three canals in this area represent the only negative impacts on the preserve. Mr. Fagergren stated that County Staff is recommending that the land remain in County ownership, however, the permits held from the Corps of Engineers, DER, and SFWMD, all state the project may not proceed unless the Park Service owns the land. He said that the Staff recommendation calls for the Park Service to expend funds on County owned land, and this cannot be accomplished. He pointed out that the Staff is concerned about liability, however, if done as Staff recom- mends, the County would be 100% liable for the effects of the project. Mr. Fagergren stated that the weirs will be natural ground level Page 24 !OOK j'.04 PAG[ 55 ....,........_""""'-...,-~.,..~ aOOK 104 PAG£ 56 APRIL 28, 19137 weirs 6nd any back up of water will simply flow over them. In anewer to Chairman Hasse, Mr. Fagcrgren stated that if it is determined that the property owners are adversely affected, the Park Service will aasume the liability. !Ie said if it is determined that the importance of this restoration takes preférence over the property owners, the land would be acquired. In answer to Commissioner Saunders, Mr. Fagergren stated that the Federal Government cannot sign a hold harmless clause, however they will provide for their lia~ility in writing in the form of a letter. County Attorney Cuyler stated that he has a great deal of concern over the liability of the County in this matter. In answer to Commissioner Saunders, Mr. Archibald stated concerns OV~r flooding, road access, and maintenance of the roads. Mr. Fagergren stated that the Park Service only want the canals and are not concerned with the roads. He added that the Staff recommen- dations, ~s outlined, will terminate the project. In answer to Mr. Cuyler, Mr. Fagergren stated that the natural bank on the east side of the canal is two or three feet lower than the road and water should never get high enough to reach the level of the road to interfere ~ith maintenance. Mr. Archibald stated that Staff concurs with trying to raise the water level and have discussed the installation of low lev'3l sand bag weirs which would be monitored. The follqwing people spoke in favor of dedicating the canals 'to Page 25 .. - .., - *- ~,---- ".'C'···"·.""''''''ð",,,,,,,,-.,,...~,~~_____._..__ -,;" ~;' ~~,. '~I·f} ". ....'., :;. '.-.:J( ;11··'.·;:, . t;, .i,:p APRIL 28, 1987 'f.~ . the National Pa.k Service: Mr. Franklin Adams, Izaak Walton League; Mr. David Addison, Collier County Conservancy; and Mr. Everett Thayer. Tape '7 In answer to Mr. Richard Braun, Mr. Fagergren stated that the Park Service is prohibited from huying mineral rights to the land, however, they are seeking public input on managing this resource. Commissioner Saunders 3tated that he understands Staff's concerns on the possible affects of this project to property owners, however, the County's liability will be much less if the land is transferred. Co~~issioner Saunders moved, seconded by Cornmission~r Glass and carried unanimously, that the existing canals within the Big Cypress National Preserve be dedicateð/deedeð to the National Park service, who will be p.olely responsible for any liability incurred, and with the understanding that the weirs will be at natural ground level. In answer to Mr. Archibald, Commissioner Saunders stated that the intent of his motion is that the only thing the County is going to do is dedicate the canals and will supply nothing else. Tape 'a *.... Recesn: 12:30 P.M. - Reconvened: 1:30 P.M. at which time Deputy Clark Kenyon replaced Deputy Clerk Kueter ..... Item I9Cl AMENDMENT TO COMMUNITY PARKS CONSULTANT AGREEMENT AND ~PPROVAL FOR CHARGES INCURRED IN THE REDESIGN OF EAST NAPLES PARK _ APPROVED Public Services Administrator O'Donnell stated that due to problems with permitting agencies, the original designs had to be ~~;; 104p~r.r 57 Page 26 ¡ ~¡ ~'~ ~ ':! !t "".'''''o__~'.. """""~""","M"""""__ ......._.,..""""...._"."..,, '::!77~ ' ,",'. ~.-~/ ~:r·-rJ·· 11:'. ~.. ;Lf:~" . :;ÍrJ¡~;" · ~OK 10 A P~'7 58' ,''f,;<".UIJ 'i "L :~\.' .~ '~ I APRIL 28, 1987 resubmitted and as a result the consulting engineer incurred addi- tional costs of $8,000. He stated that staff has determined that certain services covered in Sections 1.3.5 - Revenue Management Program; 2.8 - ~laintenance and Overhead Expense Investigation; 2.15 _ Preparation of õn Operating and Maintenance Manual are no longer required. He stated that these deletion~ are a result of reduction in the amount and type of facllities that were constructed in Phase One development of the five community parks, and the cost of these ser- vices are estimated at $8,000. He noted that staff reviewed the contract document and concur with the amendment as being an equitable adjustment, with a net no change in the contract price and he is requesting approval of this amendment. Commisisoner Saunders moved, seconded by Commissioner pistor and carried 3/0, (Commissioners GOOdnight and Glass absent), that the amendment to the Community Parks Consultant ~greement and approval for the charges incurred in the redesign of the East Naples Park be approved. . .. , .:.. Page 27 .. - -, - "·-·'"""..._,,·ø.."'''''_____ _ '-~'-"'--""^"',.,"~..,,,.",, .". I!) . L. .. .. r ' APRIL 28, 1987 IteQ f9C2 LEASE ~GREEMENT BETWEEN COLLIER COUNTY ~ND THE COLLIER MODEL ~ERONAUTICS CLUB ON COUNTY OWNED PROPERTY NEAR MANATEE RO~D _ DELETED Public Services Administrator O'Donnell stated that he needs to get together with the School Board regarding the easement on this pro- perty end is asking that it be deleted from the agenda until this matter can be resolved. ., Commissioner Saunders moved, seconded by Commissioner pistor and carried 3/0, that this item be deleted and brought back when everything has been resolved. Item #9D1 RESOLUTION 87-102/CWS 87-11 APPROVING THE CREATION OF THE EVERETT STREET W~TER IMPROVEMENT SPECIAL ~SSESSMENT DISTRICT _ ADOPTED t, Utilities Engineering Director Madajewski stated that this item is to create the Everett Street Water Improvement District, adding that one thing that needs to be determined is the method of assessment. He noted that in June, 1985, the Board of County Commissioners received a petition for this district which was a spinoff petition from Sunset Homes area that was not able to go forward due to acquisition problems with rights-of-way. He noted that this petition covers 25 parcels and 19 of them petitioned the Board favoring the creation of this district. .¡ J . , .. In answer to Commissioner Hasse, Mr. Madaj~wski stated that south of Everett Street, the area is developed and the water system is in the southern end of this district, adding that there is a water main ~ Page 28 ðOO:< 104 PAo:;r 61 , . .. ) -, .', I . ....: ~ i1, .-.....,,, "'." aODK 104 FIr.! 62 APRIL 28, 1987 on Rattlesnake Hamm~ck Road and this project would connect to the end of that main and go up and down Everett Street. Mr. Madajewski stated that the main issue is how the method of assessment will be determined. He noted that there are three dif- ferent methods of assessment; the front footag~, the average footage method which is foot~ge of front and rear property line and divided by two, and the third methoè is square footage assessment. He stated that this project has some Íl'reg'¡lar parcels, noting that Parcel 13 consist of 40 acres with only 30 feet of frontage which would have a small assessment if the front footage method was used, but the small res~ .ential lots would be faced with a l~rge assessment using this same method as their front footage ranges from 165 to 300 feet. He stated that there are also 3 parcels not directly contiguous to Everett Street but all of th~m have legal access through utility access easements. He stated that he does not feel that the front footage method would be fair to all the property owners and would recommend that the 'verage footage method be used. He stated that there was a meeting conducted by the Public Works Department on April 9, 1987, to inform the residents that this same area is being reviewed for roadway improvements and to advise the residents on the status and estimated costs as well as the direction that Staff is proceeding in. He noted that this item is simply to form the district and direct staff to work out the actual cost of the preliminary design and then come back to the Board [or a public hearing and notify all residents Page 29 .. ..' - -.,."..".. - '- - APRIL 28, 1987 that will be affected. In answer to Commissioner Hasse, Mr. Madajewski stated that any property that is contiguous to this area has water and will have to connect. Mr., Madajewski stated that he will be working closely with the Public Works Department to make this project one consolidated effort and bring it back as soon as possible. Commissioner pistor moved, seconded by Commissioner Saunders and carried 3/0, (Commissioners Glass and Goodnight absent), that Resolution 87-102/CWS 87-11 approving the creation of the Everett street Water Improvement Special ~ssessMent District be adopted; that the District's Staff Engineer be authorized to prepare prelimi- nary plans, specific~tions and tentative apportionment of costs of the proposed improvements: that {he Staff Engineer be directed to coor- dinate the water improvements with the PUblic Works Department's efforts for design and construction of the roadway improvements for the Everett Street area; and that Staff be directed to use the average footage assessment method for the Everett street Water Improvement Special ~ssessment District. Page 30 ~OOK 104 PAGE 63' , , ¡ t _; '.: ., ¡ ! ~.' ~ aOOK 104 PAG( iO APRIL 28, 1987 Item '9E1 RESOLUTION 87-103 APPROVING A NEW COUNTY PURCHASING POLICY _ ADOPTED Administrative Services Administrator Ochs stated that last week the BCC adopted an ordinance that established the duties and respon- sibilities of the Purchasing Department and also established some standard definition of terms for the procurement use and the procure- ment process. He stated that this ordinance provided a mechanism to adopt a purchasing policy by Resolution which will replace the existing one that was adopted in 1979 and has not undergone any revi- sions since it was adopted. He noted that this policy was developed by the Purchasing Director, the Clerk of Courts, the County Manager and the County Attorney. Steve Carnell, Purchasing Director, stated that the policy establishes a competitive bid limit of $6,000 for commodities and ser- vices, adding that it mandates for the first time, the use of written quotations, the establishment of a field purchase order limit of $500 and a quotation minimum rðnge of $500 rather than a $1,000. He stated that for the first time, purchasing controls on the use of the state contract is also b~ing instituted. He stated that parameters for the development, execution and administration of contracts is being established for services and commodities. He noted that pursuant to the ordinance, definitions and basic policy parameters directing the procurement of professional services are bein~ provided. He stated that there have been some comments provided by the Finance Director Page 31 ""-"'"'""''''.'''''''''' APRIL 28, 1987 regarding some items in the proposed policy, adding that one of the comments refers to Section 10, Page 11 of the proposed policy whi8h is the use of performance and payment bonds. He stated that he would ask the Attorney's office to address some of the key issues involved in this language and clarify some of the issues with regards to this area. Assistant County Attorney Weigel stated that it was the intent of the drafters of the Purchasing Policy to provide a document which allowed for reasonable administration by the County through the Purchasing Director but also met State Statute requirements and admi- nistration desires of the Board. He stated that in regards to the perfor~ance Rnd payment bond, he looked at Statute 255.05 which provi- des for a requirement of persons who enter into formal contracts with County, State and Political Subdivisions, that before commencing work on a public works or public building construction repair contract that a performance bond shall be required. He stated that it also provi- des for an exemption of the requirements for the performance and payment bond, which states that at the discretiol) of the Official or Board awarding such contract when such work is done for an" County, City, Political Subdivison, or Public Authority, any person entering into such a co~tract which is for $200,000 or less may be exempted from executing the payment and performance bond. He stated that the Language of Section 10 in the Purchasing Policy as drafted attempts to indicate that for those contracts which fall below the statutory Page 32 !OOX 104 PAGE 71 , . '. 1'1' :; ¡; 'i aOOK 104 PAG[ 72 APRIL 28, 1987 requirement of $200,000 ðnd above, that the Purchasing Director shall as reviewer of the contracting procedures decide what contracts mayor may not require or have a desirability for the requirement of a per- formance and payment bond. He stated that the Purchasing Director is the County official most atuned with the marketplace, the in3urance industry and the contractors as to the availability of bonds and is also an early and primary reviewer of the costs imposed upon the County which is the actual payor for the insurance policy which is passed through from low bidders or successful bidders to the County and determines whether the type of work invol"ed would deem necessary the requirement of the additional cost of the performance and payment bond or if t~ere is ðn unavailability of performance and payment, that work that is required by the County or using agency of the County at a very necessary or joint time table may be held up because ~f the ina- vailability of a bond in the marketplace at all. He stated that Statute 255.05 also provides that in lieu of a performance and payment bond, a letter of ~redit, cash or other security may in fact be used by the contracting party contracting with the County. He stated that to stay in conformance with the Statute, he has provided in the language of Section 10 that an irrevocable letter of credit or other- wise as deemed necessary by the Purchasing Director would be required in lieu of a performance and payment bond. He stated that one of the considerations that had to be taken into account with the administra- tion of the performance and payment bond or the exemption of perfor- Page 33 .. .., .. ~ APRIL 28, 1987 mance and payment bond is where and how often a contract and the exemption provision will come before the Board, adding that typically ðnd presently the Board has a contract before it in one public meeting as an agenda item and the Board either approves, disapproves or appro- ves with direction the contract that is before them. He stated that it is the opinion of the County Attorney's office that such action in and of itself môy be sufficient to approve or disapprove a contract could in fact, provide for exemption. He stated that in order to cl~rify this matter, 1angudge has been added to Section 10 that would provide that prior to board action on a public building or public work con3truction or repair contract at or above the competitive bid threshold, that the Board shall be informed by the Purchasing Director or using agency at a public meeting of any such proposed contract that does not require a performance and payment bond, and thereupon, the Board awarding such contract not requiring a perfor- mance and payment bond shall be considered an exemption from said requirement. ..... commissioner Goodnight entered the meeting at this time ..... Mr. Weigel stated that for contracts of $100,000 and telow, the State does not hav~ to have a performance bond at all. He stated in Section 10 an irrevocable letter of credit has been provided for to be utilized in place of the performance bond and the language that has been suggested by the Clerk's office recommending that the language of an irrevocable letter of credit that expires o~e year after the esti- !OO~ 104 PAG[ 73 Page 34 " ,.,,-,_.....,..'-,.".....~."'... "'._~.'''',_._j--_.- --_....=,-,-,,_.".....,'""'''"'''',-,-_..,.._,_..,~-.,_..,' """~"" ~{{., 1~~~;: . <If" t~~ ',1 aDO); 104 PA!,t 74: J,~(; ~;' ~' ~,f:" APRIL 28, 1987 mated contract complctior. date from ð financial institution is appropriate language to add even if it is redundant and goes beyond the statutory requirement. Clerk Gil~9 stated that in Section 10, in the second sentence, it closes by saying, if so provided for in the bidding contract documents that you can substitute the irrevocable let~er of credit, and questioned if there are instances where neither a letter of credit nor a performance bond is neeðed, as i~ appears that it is optional, to which Mr. Weigel stated that it is drafted to show that unless a irre- vocable letter of credit is provided for in the bid specifications, then the performance and payment bond as provided in the bid specifi- cations will be the only insurance vehicle acceptable. Mr. Carnell stated that the intent is to strive to balance risk, protection of the County with competitiveness and in regards to this issue, it is the intent to e~able the Purchasing Director to have the ability at the time of release of bid to either specify performance and payment bond, a letter of credit or neither with the understanding that the Board would be informed prior to award of contract if there were neither of the two particular sureties in place. He stated that the Board would make an informed award based on this, remembering that a bid does not obligate the County to anything. Clerk Giles questioned if there are many instances where the pro- tection of the perfoëmance bond or the letter of credit would not be wanted, to which Mr. Carnell stated very few, adding that there might Page 35 -" - _. - --,--~,-- APRIL 28, 1987 be some small contracts in the $20,000 - $25,000 range or less that it might be desirable only because of the difficulty of the smaller com- panies obtaining either surety. He stated that at thc time that these instances arose, the Board would be notified duly prior to award. County Attorney Cuyler stated that the intent is that the specs list what the security is and if they do not, then the Board is informed that Staff is not requesting security. Clerk Giles stated that he just wants to be sure that if a contract is awarded and there is no protection, the Board is well informed of this. County Attorney Cuyler stated that there is nothing that precludes this from being part of the specifications. Tape 19 Mr. Carn~ll stated that last week Commissioner Saunders requested that Staff be certain that the definition in reference to bidders be consistent with the purchasir.g ordinance, adding that this has been done, but there were a few places that werc missed and he is recom- mending that these changes be made so that the language is consistent and would read the "lowest qualified and responsive bidder" when referencing bidders. He stated that there are some typographical errors that need to be corrected. He stated that with all the added language and changes and the correction of the typographical errors, he is asking for approval. Commissioner Goodnight moved, seconded by Commissioner Saunders Page 36 !OOK 104 PAf.\: 75 aoox 104. PAtt 76 ~PRIL 28, 1987 and oarried 4/0, (Commissioner Glass absent), that Resolution 87-103 approving a new County purchasing policy with the above referenced changes, language additi~ns and corrections of typographical errors be adopted. Page 37 " - - ... ._____f..~."""'........... ---.-- . , .~~.!.".'..".. ..},: ~ .. ,Ii; ; ).:{¥.~ '~'" ~I.l~-: :~:'; }¡~~ ~f', ~~ I! ~.;, _~1':\' J,), t'o' .,~:. BOOK 104 f.m 92 APRIL 28, 1987 Item '12A RESOLUTION 87-104 APPOINTING JACK L. ABNEY, GARY L. BEARDSLEY, GREGG BROOKS, JON C. STAI~ER ~ND GLENN SIMPSON TO THE GROUNDWATER PROTECTION TECHNICAL ADVISORY COMMITEE - ADOPTED Administrative Aide to the Board Israelson stated that on March 10, 1987, the BCC approved the creation of an ad hoc study committee to be known as the Groundwatcr Protection Technical Advisory Committee with the purpose to advise the Board of actions that are necessary to develop s wellficld protection ordinance and other related groundwater protection programs. She stated that she issued a press release and solicited resumes for this committee and 9 resumes were received. She indicated thöt after review of the applicants, Environmental Science snd Pollution Control Director Lorenz recommended the five people as indicated in the executive s~mmßry dated April 28, 1987. Commissioner Saunders moved, seconded by commissioner Goodnight and carried 4/0, (commissioner Glass absent), that Resolution 87-104 appointing Jack L. Abney, Gary L. Beardsley, Gregg Brooks, Jon C. staiger and Glenn simpson to the Groundwater Protection Technical ~dvi.ory Committee be adopted. Page 38 - - - .. .. - APRIL 28, 1987 :Item U2B ~PPROV~L FOR COMMISSIONERS THAT DESIRE TO ATTEND THE FLORIDA ~SSOCI~TION OF COUNTIES WORKSHOP ON RESOURCE RECOVERY IN FLORIDA Administrative Aide to the Board Israelson stated that several Commis~ioners have expressed an interest in attending and she is seeking approval from the Board for any Commissioner that would like to attend the workshop. Mr. Bob Krasowski stated that the Flori1a Association of Counties is a private corporation and this workshop is to promote the incineration method of waste handling. He stated that this meeting will show con~issioners how they can research energy markets and secure waste streams and institute sole control legislation and man- datory garbage collection which are all required to start a successful incineration program. He stated that there is nothing in this workshop that would represent the alternatives independent of the influence of the incineration industry. He stated that he is not suggesting that th:' Commission not attend this, but he would like to make it clear that more time and energy is being spent under the influence of this point of view. Commissioner Hasse stated that he is pleased that the commissioners want to go to this workshop in order to inform them- selves more in regard to any kind of resource recovery. In answer to Commissioner Goodnight, Commissioner Saunders stated that the Florida Association of Counties is a private corporation, but Page 39 !OO~ 104 P~C,í D5 " 'DOX 1041'.r.t 96 APRIL 28, 1987 is composed of Commissioners from allover the State of Florida. commissioner 8aunders moved, seconded by commissioner Pistor and carrieð 4/0, (Commissioner Glass absent), that approval be granted tor the Commissioners that desire to attend the Florida Association or Counties Workshop on Resource Recovery in Florida. :Item '12C REPORT BY FIRE DISTRICT CO!;SOLIDATION STUDY COMMITTEE ON IMPACT FEES - NO ACTION TAKEN Mike Barker, Chairman of the Fire District Consolidation Study Committee, stated that in February, 1987, the Commission requested the committee to undertake a study on impact fees to aid independent fire and rescue districts. He stated that they met with former and present Fire Commissioners, the Five County Contractor's and Builder's Association, and Collier County Attorney and staff. He stated that after interviews and discussions, the committee finds that Collier County, operating as a "non charter county" has no authority to levy impact feeß for independent fire and rescue districts without special legislative action by the State pre-empting the rights of the indivi- dual districts. He stated that the Enabling Acts creating the seven independent districts in the County are each separate and a9art from the other, adding that these acts pre-empted the imposition of fire impact fees on a county-wide basis upon their passage. He noted that as each district was authorized separately, each would have to seek on its own legislation allowing the imposition of impact fees which seem Page 40 .. .. - _.._....""._,~....."'-'".._...._--..,-~.,,-~'"."-,.,.'" APRIL 28, 1987 to be quite possibly a long and costly operation and the pecessary compilation of proof of need and fairness of charge and distribution of data is tremendous. He stated that the committee finds that even after the compiling of the data and amending of the Enabling Acts by the Legislature, th~t a court action by opponents has and could result in the invalidation of the action. He stated that in the study the committee is conducting, t~ey have been addressing the funding of fire protection in the County and from that, the Committee recommends that the County Commission, and all interested parties, immediately insti- tute on a state-wide basis, a campaign to legalize the placing of new construction on the tax rolls at full value at the time of the issuance of a Certificate of Occupancy. He stated that he spoke with the County property Appraiser and he estimates that by doing this, it would bring in from $1.7 million to $2.25 million up front money each year. He noted that in view of the information the committee has receiverl and studied, they cannot at this time, recognize impact fees as a viable solution to the problems of funding fire service. Commissioner HLdse stated that he realizes that the committee has done a lot of work for the County and is looking forward to additional reports. Mr. Barker stated that the committee has had 25 meetings and there has been hundreds or man hours individually. He stated that when they come back, it will be with a factual report. ***** commissioner Saunders left the meeting at this time ***** Page 41 ðOOK 104 PA<:[ 97 ·;I~\·:'.·~·.:':' ; j'. ,~ i~' . ~. j'~ '. .~.~j;. II·· ~..1·. ·w"·· It' 1f.;... . ~;: 'oo~ 104 "" 98 E~ ;r,'~ . APRIL 28, 1987 In answer to Commissioner Pistor, Mr. Barker indicated that they have not visited any of the counties that have consolidated districts because the two closest counties do not relate to Collier County as one only has 13 paid firemen and the other one is much larger than Collier County. He stated that they have received information from these counties but they did not visit the~ as it seemed at the time, that it was a waste of time and county money to do it. He stated that if it is found necessary to visit these counties, they will as it has already been authorized by the Commission. There was no action taken on this item. ***** commissioner pistor left the meeting at this time ***** ***** Recess: 2:20 P.M. Reconvened: 2:25 P.M. ***** ***** commissioner Saunðers moved, seconded by Commissioner Gooðnight and carrieð 3/0, (Commissioners Glass anð pistor Absent), that the following items unðer the Consent Agenda be adopted and/or approved anð that the competitive bidding procedure for Item #14B5 be waiveð: ***** Item U4B1 MID-YEAR ~DJUSTMENTS TO WATER ~AGEMENT OPERATING BUDGET - APPROVED Item '14B2 FINAL ~PPROV~L G~TED FOR RO~DW~Y ~D DRAINAGE IMPROVEMENTS IN EDGEWILD SUBDIVISION Item U4B3 BID '87-1090 FOR TIRES, TUBES, ~ND RO~D SERVICE C~LLS - ~W~RDED TO AIRPORT TIRE ~D SERVICE CENTER OF NAPLES Legal notice having been published in the Naples Daily News on March 13, 1987, as evidenced by Affidavit of Publication filed with Page 42 .. .. .. .........,<.. ..--........-,,- - - - APRIL 28, 1987 the Clerk, bids were received for Bid #87-1090 for Tires, Tubes, and Road Service Calls until 2:30 P.M., March 25, 1987. Item f14B5 CONSTRUCTION OF ~ ME2Z~NINE IN THE ELECTION'S ~D CLERK'S STORAGE ~REA - ~W~RDED TO N~PLES OFFICE FURNISHINGS FOR $25,972.60; COMPETITIVE BID PROCEDURE W~IVED; ~D STAFF ~UTHORIZED TO PRESENT LOWEST QUOTE FOR C;PRINRLER SYSTEM Item 'UCl CONCE~LED WE~PON PERMIT '87-6 FOR BUDDY BELLE (BETTY) LAVERY Item f14C2 P~RKS & RECREATION DEPARTMENT ~UTHORIZED TO APPLY FOR SFSP GRANT FOR THE 1987 BUMMER PROGRAM ~D PARKS & RECREATION DIRECTOR ~PPOINTED ~s COUNTY'S LI~ISON OFFICER TO ~DMINIBTER THE GRANT Item '14D1 See Pages / () If - /0 ð"" ~CCEPT~CE OF WATER AND SEWER FACILITIES FOR SANT~ BARBARA LANDINGS _ ~PPROVED SUBJECT TO STIPULATIONS 1. The legal documents are found to be legally sufficient by the County Attorney. 2. No water meters will be installed within the project until the water system has been rechecked for bacterial clearance to the satisfaction of the Water Operations Director. See u.R. Book 1264, Pages 1626 through 1662 Item tUGl EXTRA G~IN TIME AUTHORIZED FOR INMATE NOs. 38906, 47437, 48189, 52503, 53464, 49780, 47794, AND 50472 ..; l ',_ ~ , . . ¡ I j\:' . ." ~ !.; ~f ~ : Page 43 ~cox 104 PA~.{ 9.9 r.OOK 104 p,\ç(iOO Item '14G2 APRIL 28, 1987 DUPLIC~TE TAX CERTIFIÇ~TE NO. 5837 TO J. G. ANDERSON See Pager /0' Item U4G MISCELLANEOUS CORRESPONDENCE FILED ~ND/OR REFERRED There being no objection, the Chair directed that the fOllowing miscellaneous correspondence be filed and/or referred to the various departments as indicated below: 1. Letter dated 04/14/87 from William K. Clark, Executive Director of Area Agency on Aging, enclosing copy of Second Semi-Annual CCE & Title III Visit Monitoring Report for Collier County Services for Seniors Programs. Referred to Neil Dorrill, Kevin O'Donnell and filed. 2. Copy of Letter dated 04/14/87 to Bureau of Workers' Compensation, from L. Barry KeYfetz, Keyfetz, Poses, & Halpern, regarding claim for workers' compensation benefits for employee, Ernest Bryant; employer, Collier CountY-Solid Waste; D/Accidenc, 7/17/80 and 3/5/87; and Claim No. 264-29-2955. Referred to Ken Cuyler, Sherry Rynders, Solid Waste Department and filed. 3. Minutes: A. 03/02/87 - Ochopee Fire Control District B. 03/26/87 - Collier Soil & Water Conservation District 4. Letter dated 04/16/87, from James P. Ward, Assistant District Manager of Pelican Bay, enclosing a copy of the Annual Financial Statement for year ending 09/30/86, and a copy of the Annual Financial Report of Units of Local Government, 1986. 5. Letter dated 04/07/86 from James P. Ward, Assistant District Manager of Pelican Bay Improvement District, enclosing Utility Rate Study prepared by Coopers & Lybrand. Correspondence was sent to Mr. Ward, notifying him that BCC has reviewed and filed with Clerk. Page 44 .. .. - ;-, , ".:;. ., " , " .~ ,l : . ,: ~ hem 'llA APRIL 28, 1987 BUDGET AMENDMENTS 87-252/254 , 87-256/258 _ ADOPTED Commissioner Goodnight moved, seconded by Commissioner Saund&rs an~ oarried 3/0, (Commissioners Pistor and Glans absant), that BUdget Amendments 87-252/254 and 87-256/258 be adopted. Item U1B BUDGET AMENDMENT RESOLUTION 87-030 - ~DOPTED Co&missioner Goodnight moved, seconded by Commissioner Saunders and carried 3/0, (Commissioners Pistor an~ Glass absent), that Buðget Amendment Resolution 87-030 be adopted. fJOQK 104 PAr,r 101 Page 45 ,~:: ~~ )11:! . , 1 :. \' .........~"'--- .....__."..~_.- '. ',··,·"ü,......._.,_"""',..... . ,...,......",..y_."...,.....~_" ?', ,I OJ.'; ", , ~... ~ t "J " ±tem fl1~ APRIL 28, 1987 BUDGET AMENDMENTS 87-252/254 , 87-256/258 _ ~DOPTED Commissioner Goodnight moved, seconded by Commisaioner Saunders - and oarried 3/0, (Commissioners Pistor and Glass absent), that BUdget Amendments 87-252/254 and 87-256/258 be adopted. Item 1l1B BUDGET AMENDMENT RESOLUTION 87-030 - ~DOPTED Co~issioner Goodnight moved, seconded by Commissioner Saunders and carried 3/0, (Commissioners pis tor and Glass absent), that BUðget Amendment Resolution 87-030 be adopteð. " J' " : ;;i &OOK 104pAr,r 101 Page 45 Ji i~.f . . .J 'f '.,} ------..--..--- " .....'.'--...., APRIL 28, 1987 PRESENT~TION ON ANNuAL ~UDIT - CONTINUED TO MAY 5, 1987 Mr. Yonkosky stated that he would recommend that the BCC accept the financial statements as presented conditioned on the fact that there will be a formal presentation of the financial statements to the BCC at a later date. Commissioner Goodnight moved, seconded by Commissioner Saunders and carried 3/0, (CommissJoners Pistor and Glass absent), that the financial statements be accepted conditioned on the fact that a formal pr~sentation will be made on May 5, 1987. ......... There being no further business for the Good of the County, the meeting was adjourned by order of the Chair - Time: 2:30 P.M. BOARD OF COUNTY COMMISSIONERS/ BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL 4H~;~ß ATTES~~ 'ú,Ü .A, ~ Ö.~ _ J~~ ç:,' 'GIL~&"~ ~ERK ~.. .. - ~ "-' t./ " C:-' t:~'/: ~.L>:~· [~/ . /)/i /3(r ",~1(~~t. '(/r:If./~ ./~ Øl/, '/' '. . ,\.>.ó!.J\.JV. , ~ th'~'s:e~~iri'liPé~'\ approved by the Board on -;~ --<~ /0, /9 ¡= 7 ( .( n:. 'J,~' . -/-.~ (J ~ as presented ~ or as corrected Page 46 8Cû~ 104 PA<;I lOa 'f ¡ 'J of, ,. \ '.: ,,~ . . """"''''"'>''~',,--,;.,,--_...,_..- ""<j~ØOi .i