Loading...
BCC Minutes 03/10/1987 R .. .. .. Naples, Florida, March 10, 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 "F" of the Courthouse Complex, East Naples, Florida, with the following member£ 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; Maureen Kenyon and Beverly Kueter (1:15 P.M.), Deputy Clerks; Donald B. Lusk, County Manager; Bruce Anderson, Assistant County Attorney; Dave Weigel, Assistant County Attorney; Tom Crandall, Utilities Administrator; John Madajewski, Utilities Engineer; George Archibald, Public Works Administrator; Kevin O'Donnell, Public Services Administrator; David Pettrow, Community Development Administrator; Jane Fitzpatrick, Growth Management Coordinator; Leo Ochs, Administrative Services Administrator; Bill Lorenz, Environ- mental Science and Pollution Control Director; Dr. Brandt Henningsen, Natural Resources Management Department Supervisor; Nancy Israelson, Administrative Assistant to the Board; and Deputy Chief Ray Barnett, Sheriff's Department. Page 1 aOOK 102 PAG[ 457 'OOK 102~~462 MARCH 10, 1987 Tape 11 Item 13 AGENDA - APPROVED WITH CHANGES Commissioner Goodnight moved, seconded by Commissioner Saunders and carried unanimously, that the agenda be approved with the following changes: a. Item 9D2 re acceptanc€ of Area "N" System of Marco Water and Sewer District - Added. b. Item 9B2 re approval of an emergency inst~llation of a repla- cement septic system at the Immokalee Alcohol Detox Center - Added. c. Item 14C2 - deleted. Item f4A'B MINUTES OF FEDRUARY 10 AND FEBRUAR~ 17, 1987 - APPROVED AS PRESENTED commissioner Saunders moved, seconded by Commissioner pistor and carried unanimously, that the minutes of February 10, 1987, and February 17, 1987, be approved as presented. Item UBl PETITION DRI-86-2C, VINES , ASSOCIATES, REGARDING REGIONAL IMPACT FOR BRETONNE PARK - CONTINUED TO APRIL 7, 1987, AT REQUEST OF PETITIONER commissioner Saunders moved, seoonded by commissioner Glass and carried unanimously, that Petition DRI-86-2C, be continued until April 7, 1987, and Staff to review all impaots concerning this pro- ject. Page 2 - - - - - - MARCH 10, 1987 Item f6Cl DAVIS BOULEVARD W~TER IMPROVEMENT SPECIAL ASSESSMENT DISTRICT AREA IN THE COUNTY WATER-SEWER DISTRICT - CONTINUED TO MARCH 31, 1987 Legal notice having been published in the Naples Daily News on February 22, 1987, as evidenced by Affidavit of publication filed with the Clerk, public hearing was opened to consider the assessable impro- vements and tentative apportionment of the cost for the Davis Boulevard Water Improvement Special Assessment District and to adopt a resolu- tion confirming Resolution CWS-87-2. John Madajewski, Utill~ies Engineer, stated that the creation of this assessment district W,.S approved on February 3, 1987, and on February 10, 1987, the Board set the public hearing regarding the assessable improvements for this date. He stated that this public hearing has been properly advertised and the property owners notified. He noted that on February 10, 1987, the Board was provided with the fp.ðsibility report that gave the breakdown of the project and the improvements to be made, as well as the estimated total cost of the project and the distribution of the project between the Utility Division and the property owners. He noted that the special assessment was done on a front foot assessment at $15.31lS per front foot. Commissioner Pistor questioned if the 16 inch line will be ample to take care of those development coming on line in the future, to which Mr. Madajewski stated that the master plan shows a parallel l6 Page 3 MO~ 102 p:'~.1 4ô3 ",.".,~",,-»__~,.~,,.",,",_.-.....~,,~,,,,_~..________~,'~~"''''_'_.'~_~"""""'_;"''''''''''_''__''__'__'""'__'~''''''''m' mK 102 PA',é 4.64. MARCH lO, 1987 inch line to be installed 10 to 15 years from now, which is estimated on development density. He stated that there is not a need for it now and some of the developments do not build out to full density. Commissioner Pistor stated that it seems that a 20 or 24 inch line would not cost that much more and would be satisfactory for all ini- tial deve1opm~nt. Mr. Madajewski stated that this project was not budgeted for at all, adding that it was originally planned in the next four years as a capital improvement, but the people in the area want it now and peti- tioned to have this area done by a special assessment district. utilities Admini~trator Crandall stated that the recommended way is to go with a 16 inch line at this time and if there is a demand later on, then another 16 inch line will run parallel to this one on the other side of the road. He stated that this line at the present time would be adequate for the next 5 to 10 years. Commissioner Saunders questioned why the property owners will not be paying 100% of the cost, to which Mr. Madajewski stated that the County will also be using the transmission line. Commissioner Saunders questioned if any criteria other than the front foo~ assessment method had been considered, to which Mr. Madajewski stated that other methods were looked at, but the most pru- dent method is the fairest way to distribute the cost. He noted that most of the property in this district is even in shape and the front foot assessment would be the best method. Page 4 - - - MARCH 10, 1987 Commis~ioner Saunders stdted that the Executive Summary indicates that a loan of not to exceed $310,000 is being requested and according to a review by the Clerk's office, the amount needed for construction is around $265,000 and they question why the $310,000 is needed, to which Mr. Madajewski stated that $295,000 is the distribution portion of the line and is an estimated cost and the $30,000 that the County will have to put in pursuant to the East Naples Settlement Agreement will be paid over a period of time, the same as the property owners. He stated that since this is an estimate, there is a little cushion. Clerk Giles stated that the $30,000 for the East Naples settlement should not be borrowed as there will be interest cost and on the other hand there will be interest ~arnings, adding that it does not make much sense to borrow this $30,000. Mr. Madajewski ~tated that this is something that could be discussed and if it is prudent, the amount of the loan can be reduced. Commissioner Saunders stated that there is also a question regarding the interest rate, adding that according to Section l53.73, sub-part llA, of the Florida Statutes, the interest rate should not exceed 1% above the financing cost. He stated that traditionally a fixed rate has been used. Mr. Madajewski stated that he feels that it is a matter of interpretation, adding that Finance Director Yonkosky's opinion is that if it is borrowed from a bank it becomes a bond and the Statute states that unless a bond is being taken out, the County cannot go 1% Page 5 aûOK 102 w·~465 , 'OUt 102 FIC.: 466 MARCH 10, 1987 over, adding that there is an 8% cap. He stated that the County Attorney's office is of I:he opinion that only if bonds are sold would this advantage be available. He stated that if there is a problem with this, he would recommend that the resolution not be executed until this matter has been resolved. Assistant County Attorney Anderson stated that he would recommend for purposes of this meeting that the maximum rate permissable by law be specified, adding that he would like to check with bond counsel as to what that rate would be. Attorney Donald pickworth, representing Dr. Nicholas Klokochar, stated that he is present to register objection to this project as it is proposed. He noted that this project encompasses several large developments and the purpose of this district is to provide water to these proJects. He noted that the County has always taken a position that the developers would put in their own facilities and be reim- bursed by others that hook up to it. He stated that in this instance, the front footage is not the best method as it does not take into account the depth of these properties. He stated that one property owner has 328 acres with PUD zoning and only 125 feet on Davis Blvd., but his client has over 1,000 feet on Davis Blvd. with agriculture zoning, and therefore, could not build the same as the one that is already zoned PUD and thls should be taken into consideration. He noted that it should be determined on the amount of benefit that is derived and the front foot assessment is not the best way to go in Page 6 - - - _...---~,_._"..,." .. .. .. MARCH 10, 1987 this instance. Mr. Madajewski stated that zoning is never taken into con- sideration on these assessment projects as it is too volatile and too many things can happen with zoning. He stated that he feels that the front footage method is the most equitable method to use. Commissioner Saunders questioned if the square footage of the par- cel would be a better way to assess the properties, adding that he feels that there are other ways of assessing that may be more appropriate for this project. Mr. Madajewski stated that the procedure of square footage can be analyzed, but they have tried to stay uniform with the procedures and policies that have been set up. He noted that both ways could be figured to see how much deviation there would be. Tape U Commissioner Glass stated that the construction cost is based on per lineal foot of pipe which is the front foot cost and the larger parcels would have to hook into that system and pay impact fees. County Manager Lusk stated that the problem with assessments is that no matter which method is used, someone always feels that it is not fair. Commissioner Pistor stated that he feels in this situation, a square footage assessment would be more appropriate than a front foot assessment. Mr. George Keller, President of Collier County Civic Federation, Page 7 ~m 102 fn 4m 'OOy; 102 ~c.~ 4f38 MARCH lO, 1987 stated that the front footage assessment is riot the way to do this project, adding that this line would not be needed if there were not big developments going into the area. He stated that by the time of build out, another line will be needed and will cost the little people money again. utilities Administrator Crandall stated that the County needs this water as badly as the developers along Davis Blvd., as there is a shortage in Kings Lake and Foxfire at the present time and if it is not done by the assessmen~ method, he would propose that it be done by the County, which will c~st the County a lot more. Mr. John Jassy, property owner on Davis Blvd., stated that water is needed in this area and the system as proposed is a good coopera- tion between the County and the property owners to solve this problem. He noted that this should solve problems for the next ten years until another water line is installed. He noted that at this time, it is solving the problem without undue expense to the property owners or the County and he supports this project. Mr. Harold Hall, Anchor Engineering, stated that he has been in contact with most of the property owners and they feel that the assessment method proposed is a good way to go. He stated that the whole area will be in need of water in 12 months. He stated thAt there are always inequities in any type of assessment method, but the front footage is the starting point for any kind of assessment district. He stated that the interior property gets less benefit, but Page 8 - - - - - - MARCH 10, 1987 benefit is still derived and most of the property owners are happy with this assessment method. commissioner Goodnight moved, seconded by Commissioner Saunders and carried unanimously, that the publio hearing be closed. commissioner pistor moved that this matter be reviewed And brought back with the assessment method done on a square footage baois for all projects along Davis Blvd. that will benefit. Commissioner Saunders stated that the assessment district could be approved, but the matter of the actual assessment could be left open. commissioner pistor withdrew his motion. Commissioner Saunders stated that the staff recommendation could be approved but th~t the Board reserve for future analysis the assessment procedure of front footage versus square footage and that the County Attorney's office resolve the interest issue. Assistant County Attorney Anderson stated that if this matter is not going to be resolved this date, the public hearing should not have been closed. commissioner Glas~ moved, seconded by commissioner pistor and carried unanimously, that the public hearing be reopened. Utilities Administrator Crandall stated that the normal procedure is that the final assessment roll is brought back for a final hearing, at which point it is a~cepted or rejected. Attorney Pickworth stated that if the Board decides that this is not the assessment method that should be used, then the Statute Page 9 &GO~ 102pm4ß.9 --- ^ ,oar; 102~~·~ 410 MARCH 10, 1987 should be followed and the Board should not confirm the resolution this date and Staff should be directed to bring back a new resolution with the assessment method that the Board desires. Commissioner Saunders stated that apparently all property owners are in agreement with this method as long as there is fairness, with the exception of Mr. Pickworth's client. He stated that if this is the case, he would be prepareö to approve the resolution as recom- mended by Staff, but in the future, direct Staff to look at other ways of assessing th~ properties. Commissioner pistor stated that he is not willing to approve this method of assessment. Mr. Crandall stated that at the final hearing, the Board acts os the Board of Adjustments and any adjustments that do not seem fair could be adjusted at that point. Mr. Anderson stated that if there are questions about the method of assessment, this item should be continued. Mr. Madajewski questioned if the property owners would have to be notified again if this public hearing is continued, to which Assistant County Attorney Anderson replied negatively, adding that this meeting will be continued to a c~rtain date. commissioner Saunders moved, seconded by Commissioner Glass and carried unanimously, that this item be continued to March 31, 1987, and Staff be directed to come back with two different assessment approaches; one for all contiguous properties on a front footage Page 10 - - - _~.M~<"""____''''_'·'·''''''_''-~.·_~.·"_'.'B·~·",",~·»,~~"."M.,_.__..~,~.,.","...__"_..-....,.<_____~_.,,,_.__.,~ .. .. .. MARCH 10, 1987 a~8e~ament and the second method u~ing a combination of the front footage and the squarc footage, but only for those properties that abut the project. Item I9Al STAFF TO PREPARE A RESOLUTION ESTABLISHING A FIVE MEMBER AD-HOC STUDY COMMITTEE RE DEVELOPMENT OF A WELLFIELD PROTECTION ORDINANCE. BALLOT QUESTION TO BE REDRAFTED FOR REFERENDUM VOTE IN MARCH, 19S8 ELECTION TO EXPAND POLLUTION CONTROL DEPARTMENT Environmental Sciencc and Pollution Control Director Lorenz stated that he is requesting that Staff be directed to prepare a resolution establishing a five member ad-hoc study comffiittee concerning ground- water protection and evaluation of the wellfield protection ordinance. Tape t3 Mr. Lorenz noted that this would be part of the Growth Management Act and would have to be consistent with the Citizens Advisory Committee. He stated that he is recommending this ad-hoc committee for a period of one year with the bulk of the work being done in the first 6 to 9 months. He noted that there would be no additional funding needed for the ad-hoc committee. Mrs. Charlotte westman, representing the League of Women Voters, stated that they supported the referendum with regard to water pollu- tion and they are interested in the protection of all groundwater resources. She questioned if this will be taken back to the voters to expand the program in order to have the necessary funding available for this work? Mr. Lorenz stated the South Florida Water Management Page 11 ·~m 102~·~471 ....-......... "- \, ~; ~D1IY; 102w~472 ;~~; MARCH lO, 1907 District will be able to provide some technical support and the Water Management Department may be able to obtain a grant to help offset some of the cost in the future. Commissioner Goodnight stated that she would like to see this advertised before any appointments are made. She noted that one of the members of the committee should be from the Agriculture community as this will effect them the most. Commissioner Saunders stated that this would be a good time for staff to be directed to look into changing the wording of the referen- dum that approved the Pollution Control Department to expand the program without increasing the tax levy and bring it back before the voters at the March, 1988, election. He noted that the Executive Sum- mary indicates that the committee will evaluate the suitability of a wellfie1d protection ordinance, which should be eliminated from their scope of work as it has already been determined by the Board that this is needed. Mr. Billy McClure stated that the wells should be inspected as there are numerous well drillers that are not constructing the wells according to code, adding that some wells can be lifted right out of the ground, which poses a major problem. He noted that this is up to the South Florida Water Management District, but they only send a letter and then issue a fine. He noted that stiffer policies should be put into effect and it should be handled on a local level. He noted the individual wells pose a future problem to the County Page l2 - - .. MARCH lO, 1987 wellfields if they are not constructed properly. He stated that because of groundwater runoff, there will be major proble~~ in the future. Mr. Lorenz stated that there are points of contamination in impro- perly constructed wells and in any type of groundwater protection program, this needs to be addressed. He noted that there are State standards that address proper construction of individual wells and the State agencies have to enforce those standards. He noted that the County either has to work with the State or set up its own enforcement program, but the referendum limits his department to sewage and sludge disposal. Mr. McClure state1 that inspectors need to be on jobs when wells are being constructed to be sure that they are done properly and if they are not constructed according to standards, the well driller should have his license taken away. Mr. Mark Glasgow stated that he recently purchased an avocado grove in Golden Gate Estates that has l3 wells on it, adding that he is having problems with wells caving in and sand getting into the system. He stated that he spoke with well drillers in the area and they have indicated that there are problems with well drillers in the County. He noted that he dug up the casings on the 13 wells and they are all improperly installed. He noted that there is no grout around the casing and when fertilizer is put into the soil, there is ground- water seepage into the wells without grout on the casings. He noted Page 13 ~CD~ 102 P:\,,~ 473" ......'......."..,. ,.-""...."""...- - ...-..._~~-~....""...-.....,,", ',' 'I ".~,·_""'.__-.-_"___...._,.....".........^,....,,.""_d.', :_., ........"....."',.."._.."._,_,'." aDOK 102w·¡474 MARCH 10, 1987 that the South Florida Water Management District does not enforce regulations on the 2" and 4" wells. He stated that without integrity in the profession, there is going to be a severe groundwater pollution problem. He noted that the average citizen is being taken advantage of because there is no enforcement. Commissioner Hasse stat~d that he would like to have Staff come up with an answer to this problem that is being presented and to monitor the wells closely. Mr. Lorenz stated that Commis~ioner Saunders indicated that there is not a need for the committee to evaluate the suitability of a wellfield protection ordinance and questioned if he also wanted to eliminate the technical consultant to prepare the ordinance, to which Commissioner Saunders stated that a technical consultant would be required and it would be appropriate for the committee to look at various firms. Commissioner Glass stated that criteria should be established regarding technical input as this committee is not for the average citizen. commissioner Glass moved, seconded by commissioner SaundtJrs and carried unanimously, that the five member technical study committee membership be advertieed with the understanding that it has been determined that a wellfield protection ordinance is required. commissioner Saunders moved, seconded by commissioner Glass and carried unanimously, that Staff be directed to proceed with the page 14 - - - ........._·._·,,._._,...""'.·.,"h.'._.'_, ...,'.'.,'......'.__,_,~~ .. .. .. MARCH 10, 1987 draftinq ot a new ballot question tor the first available election in March, 1988, to expand the scope ot the program without increasinq taxes and bring same back to Board. Commissioner Hasse directed Staff to look into the matter con- cerning the individual wells and report back to the Commission. ***** Rec~ss: 10:30 A.M. - Reconvened: 10:40 A.M. ..... Tap. 14 Item I9A2 RESOLUTION 87-51 AUTHORIZING THE CHAIRMAN TO EXECUTE AN AGREEMENT WITH EWING CONSTRUCTION COMPANY, INC. FOR THE TRANSPORT OF A CONCRETE MIXING DRUM TO THE COLLIER COUNTY LANDFILL - ADOPTED Natural Resources Management Assistant Henningsen stated that about 9 years ago a cement mixer was involved in an accident on C.R. 951 and the mixing ~rum on the cement truck was never removed from the side of the road. He stated that there has been several attempts made to remove the mixing drum to no avail. He noted that a contract has been negotiated with Ewing Construction Company to move the mixing drum to the County Landfill for $50.00, adding that Ewing Construction will be using a subcontractor and permission has been obtained from the owner of the property to enter the land. He noted that the Zoning Department has declared the mixing drum abandoned and Staff is requesting that the Chairman be authorized to execute the agreement. He noted that the mixing drum would be good material for an artifi- cial reef and will eventually be transported to one. Commissioner Pis tor questioned how the mixing drum would be Page l5 8G~K 102 P)'.~ 475 &OOK 102 FA'.~ .\76 MARCH 10, 1987 transported to a reef, adding that there is not a barge big enough that could haul it to a reef. He stated that the person that was responsible for the accident should pay the cost of moving the drum. Commissioner Hasse stated that the drum has been sitting on the property long enough and if Ewing Construction is willing to move it for $50.00 it should be done. Commissioner Pistor indicated that he would also like to see it moved, but if there is any additional cost beyond the $50.00, the per- son responsible for this accident should bear the additional cost. Mr. John Keschl stated that he feels that it is going to cost more than $50.00 in the long ~un and the taxpayers are going to pay for it. He stated that if the mixer is supposed to go to a reef, he cannot see hauling it to the landfill and then hauling it to the reef. He stated that there is also a high-rise hotel that is getting ready to start building on that section of C.R. 951 and questioned if this has something to do with it. He stated that the County should not have to pay for removal. Risk Manager Rynders stated that Ewing Construction will give a release to the County, adding that the contract has a $10.00 statutory requirement in order for the hold harmless to be valid. commissioner Glass moved, seconded by Commissioner Saunders and carried unanimously, that Resolution 87-51 authorizing the Chairman to execute an agreement with Ewing Construction co., Inc. for the transport of a concrete mixing drum to the Collier county Landfill be adopted. Page l6 - .. - - MARCH lO, 1987 Item t9Bl BID 186-1059 FOR A 1987 FORD TEMPO SEDAN - AWARDED TO TAMIAMI FORD OF NAPLES IN THE AMOUNT OF $7,767. Public Works Administrator Archibald stated that this item involves the purchase of a replacement vehicle that was involved in an accident and was totaled. He noted that Tamiami Ford submitted a bid proposal for a compact vehicle under Bid ~86-1059 and has agreed at this time to stand behind that original bid on a 1987 Ford Tempo sedan. He stated that he is requesting that the bidding process be waived and that Tamiami Fo:d be awarded the contract for this vehicle. commissioner Glass moved, seconded by commissioner Pistor and carried unanimously, that additional bidding requirements be waived and a replacement vehicle be awarded under the previously submitted Bid '86-1059 to Tamiami Ford of Naples in the amount of $7,767 for a 1987 Ford Tempo Sedan. Item 19B2 REPLACEMENT SEPTIC SYSTEM AT THE IMMO~LEE ALCOHOL DETOX CENTER AWARDED TO GULFSIDE CONSTRUCTION IN THE AMOUNT OF $2,200.00 Public Works Administrator Archibald stated that this is an emergency request to install a septic system at the Immokalee Alcohol Detox Center, adding that Staff received quotations which wer~ all in excess of $2,000. He stated that the lowest quote was $2,200 from Gulfside Construction and he is requesting approval for this ~.ork to be done and the normal bidding process waived. Commissioner Glass moved, seconded by commissioner Piøtor and ðQOK 102f~r.~ 487 page 17 !OIlK 102 p}r,': 488 MARCH 10, 1987 carried unanimously, that the normal bidding process be waived for emergency installation of a replacement septic system at the Immokalee Alcohol Detox Center and that the contract be awarded to Gulfside Construction in the amount of $2,200. Item f9Cl LELY BAREFOOT BEACH PROPOSAL Public Services Administrator O'Donnell stated that he is seeking direction relative to the Le1y Barefoot Beach Sava Our Coast proposal. He stated that the SOC Committee rated the Lely Barefoot Beach propo- sal 19th out of 35 total projects and the acquisition cost was $11,276,350. He stated that the SOC Committee forwarded their list to the Cabinet on Febru~ry 17, 1987, and they rejected the entire list. He noted that the sac Committee will be looking at the list again later this month and the State has also indicated that the 8.8 acres which was included as part of this property by a resolution in 1986 will not be considered by the State since it was not part of the ori- ginal application that was submitted in October, 1984. He stated that he is seeking direction as to what the Board would like Staff to do with regards to this project. He noted that Staff has indicl'ted to the State that if the State does purchase the property, the County would be willing to manage the property and maintain the oper~tions of it. He stated that he would not be terribly optimistic that the County will be able to secure funding for this project as the money usually runs out from the State after the fourth or fifth projer.t. Page 18 .. - - .. - .. MARCH 10, 1987 Commissioner Pistor stated that he spoke with Mr. Landrum about this matter and at a meeting of March 3rd, the Governor and Cabinet adopted a new policy regarding this matter which indicates that if the DNR staff determines that there is a project on the SOC list that is of significanl recreational environmental benefit that can be purchased at a substantial savings, Staff can seek authority to nego- tiate the purchase price, adding that it has been indicated that the only realistic way for this project to receive consideration would be for the County to make an ~ffer to contribute a sizeable amount of funds toward the purcnase. Mrs. Charlotte Westman, representing the League of Women Voters, stated that the League has a strong position favoring beach access for people. She stated that an ad valorem tax of $l.OO or $2.00 could be used for beaches or the County could contribute a sufficient amount toward the purchase of this beach to see if the State is interested in this purchase. Mr. George Keller, president of Collier County Civic Fedt,ration, Bt~ted that there should not be anymore money spent for this p~operty as there is already a large piece on the southern end of thi::. property that belongs to the County. He stated that as long as there ls a right-of-way on the road to get to this property, it will eve~tually be developed. He stated that if the property that is at ~he ~orthern end is taken care or, the immediate need for beach access is satisfied in this particular area. He stated that before the County could make m~ 102 ~~r.~ 489 Page 19 --,,...._,...~,._~ ^.~...,._.____'"..._.....,ú"""""~'*;".·,' ---..-...--..--- )COX 102 PAr,( 480 MARCH lO, 1987 such a commitment, it would have to be put up for ð referendum vote. He stated that it should be left up to the State to decide whether they think this is a good project. Mr. Richard Klaas, president of Lely Development, stated that an article in the Naples Daily News on October 29, 1975, stated that a lack of a quorum at the interagency advisory committee has delayed Cabinet consideration to give the purchase of Lely Barcfoot Beach a top priority rating, adding that nothing hðs happened since that time except that Lely donated the 600 feet to the County, a 100 car parking lot was put in, and there is still landscaping to be done. Tape IS Mr. Klaas stated that former Commissioner Voss brought this pro- ject alive again, a year and a half ago, adding currently, the only thing that is available is 3,100 feet from the south edge of the Lely Barefoot Beach property, which is the State property's north line, to the north. He stated that the 8.8 acres is no longer available, ðnd this property has been held off the mðrket. He stated that a ~ontrðct is being r~ceived on this property ðnd in the contract, it is being asked that a 30 day acceptance or rejection be given, and in that 30 days if the County or the State or the Federal Government would like to buy it, they can. Mrs. Emily Maggio stated that in December a resolution was passed and the Commission committed financially to contribute toward the state's purchase of b~~efoot Beach. She stated that it needs to be Page 20 .. - .. -_...~~."",".."."..,...,.<..._..., .~.>~"~,_....."..._"''''''''''''___~''',.,,,.'''_......,._,,,.,,.,.<~~,-...".,_;"'-~,"'_'''·oY....~_ .,,"'.....-~.....,---,-~._"- - - ~. "'J ~ q ~ MARCH lO, 1987." determined what the commitment will be, and the County needs to uphold thei:o::::~:::::·Glaaa atated that the beachea and wate, 1. :1\$' onlY thing that thi, County ha, to of fe' and if eve'yone ::::·:aCk · " :::t::d:::::::~::::~~:OW::::~::::::::::::::::::i:::::::~::t::::::::~ March 24th and if they do not come up with a reasonable solution, the County should purchase as much of the beach as possible. He stated that the County shoul¿ take positive action and control of their own destiny and take it to the voters. commissioner pistor stated that the county could offer to buy the beach and there could be a referendum on the issue, but as elected officials, the Commission has the option to make this decision. He stated that the Commission would have to offer about 25% contribution to the State in order for them to consider purchasing this bea~h. Public Services Administrator O'Donnell stated that from t~lking to the State, the Committee has looked more favorably upon prrjects where the local governments have made a significant contribut1on toward the purchase, adding that some counties have paid up to 40% of the cost of the acquisition. Commissioner Saunders questioned the location of the property that is being considered, to which Mr. Klaas referred to a map indicating 17 acres of land that could have passive recreation, which is part of Page 2l ~ûn~ i02nc.'491 ~""~'-'>''''''''''''''' ,.,--~".,.._-,.",,-- '" .u.,,_·,-,"""'-,..·,,·,,·...;"""_· ~._-,_.._-~""~->.~."""'..'...._.,,".~.~' ~ODK 102 HC.~ 492 MARCH 10, 1987 the Barefoot Beach PUD. He stated that the price for this property is $3.1 million, which is for 3,100 feet of beach and includes 17 acres of uplands of which 10 acres would be used for passive recreation. He stated that tt:e 3,100 feet connects to the State property which would total over a mile and a half of beach. He stated 'that if the County or State acquires this property, there would be sufficient access for the public because the State already has the right to use the road. Commissioner Saunders stated that he would like to have Staff come back to the Commission with a fairly detailed analysis of what could be done with the 17 acres plus the 3,lOO feet of beach. He stated that if this could be turned into a good County or State park, $3.1 million is not a lot of money for a beach facility. He stated that Staff, the County Environmentalist, and someone from the Conservancy could meet with Mr. Klaas and walk the property to see what can be done with this property and then report back to the Board with a detailed re90rt and map. Commissioner Glass stated that the County needs to make a repre- sentation to the State of what they are willing to do, but in the meantime Staff should begin to perform a complete in-depth, d~tailed study regarding this property. commissioner Glass moved, seconded by Commissioner pistor and carried unanimously, that the county would be willing to pay up to $1 million to the state for the purchase of this property with the stipu- lation that the Lely PUD requirements will be adhered to 100%; that Page 22 :1¡ - - ,·1····..'··'··.····.···.· .' ',' " ,," ;_.'_.._m.._~·._...."..,..__._.....-,,·,,'-'_,,__ - - .. MARCH 10, 1987 the road will remain open during normal park hours, that there will not be a tram; and thore will be a parking facility. Mr. Mike Zewa1k questioned if this means that the County only needs help from the State in contributing toward $3.l million for the purchase of this 3,100 feet of beach, to which Commissioner Glass replied affirmatively, adding that this was his motion. Tape U Commissioner Saunders stated that he would make a motion that Staff and the County Environmentalist walk the property with the Conservancy and Mr. Klaas to determine the usability of the 17 acres and the 3,100 feet of beach and return to the Board with a report in three weeks. Commissioner Glass stated that this was part of his motion and questioned if it is clearly understood by Staff, to which yublic Services Administrator O'Donnell replied affirmatively. Item 19C2 AGREEMENT BETWEEN MEDICAL EXAMINER AND COLLIER COUNTY FOR FY 86/87 - APPROVED Public Services Administrator O'Donnell stated that this item is the Medical Examiner's contract, adding that the correct number on the Executive Summary under the fiscal impact shóuld be $277,28J which reflects the actual budget for the Medical Examiner of $275,226 plus the budget amendment of $2,058 for the installation of a walk-in refrigerator which has been appropriated and approved by the Board. Page 23 !ODK 102n~.~ 493 ...._._...""'.., ",,..,...;,,..,,,,..,....,.,.........'ö.,...__ ._-_.----_._-._._--_.,..~'--~....._-. ..."._.._-.._------~ "" 102",,494 I I. MARCH lO, 1981 He stated that the agreement has been reviewed and discussed by the' County Attorney's office, the Risk Manager, and the Medical Examiner and his Associate. He reported that relative to the liability 1 insurance provisions, the Co~nty has revisited that issue at the request of the Medical Examiner's office and the Risk Manager is currently in the process of seeking proposals relative to liability insurance for the Medical Examiner, adding that at a subsequent point in time, a liability insurance contract for the Medical Examiner's office will be recommended, which is why it is not in the scope of this contract. He stated ~hat this contract is, in essence, a per- sonal services contract between the Medical Examiner (Dr. Schmid and Collier County. He noted that the Medical Examiner has not accepted the contract as he has some concerns on some of the language. He stated that Staff is recommending the contract that is presently in the agenda packet. In answer to Commissioner Glass, Assistant County Attorney Weigel stated tha~ according to Chapter 406 of the Florida Statutes, the Medical Examiner shall be funded and fees paid by the County or Counties within which he is authorized to work. He noted thht Dr. Schmid is the State Authorized Medical Examiner for District 20 which is Collier County, adding that within the Statute it provides that the District Medical Examiner and Associate Medical Examiner shall obtain professional liability insurance in an amount to be determined by the Board of County Commissioners and the fees shall be from funds Page 24 - - """"..""'..,,'"' iiI<. -,--,,"'''''''''.........,--,.. ._.......-""..>-<~____"<"""...,,. ~..o.._·_.'· ,.~..._,._.~~""'""".."'~._,......-....~. ..~.......~..""-..,.."_._~."~*...,,.,.*'-_....-.~,.- .. .. .. MARCH 10, 1987 appropriated by the Board of County commissioners. He noted that no county shall be liable for any acts of a medical examiner not within the scope of his official duties. He noted that the contract that is before the Board is for Fiscal Year 1986/87 and there is no insurance provision in this particular contract document. He stated that questions concerning liability were that there had been historically an almost non-existent record of judgemental liablity against medical examiners in the State of Florida. He stated that Dr. Schmid indica- ted that to his own knowledge, $5,000 has been the largest judgement held against a medical examiner in the capacity of Dr. Schmid. He stated that in years past, the medical examiner has been considered an independent contractor and it does provide in the contract that the contractor shall act in conformance with the Florida Statutes and in accordance with the standards promulgated by the Florida Medical Examiners Commission and in no way does Collier County through its contractor or any other specific means, act to create impedi~ents or hours or attempt to effect the operations of the Medical ExamH,er' s office. He noted that the Medical Examiner by Statute and by this contract has the authority to hire an associate medical exan,iner and other persons, staffs, assistants, or agents that he may wish to do, adding that it is in thi~ context that the classification of indepen- dent contractor is important. He noted that in Paragraph 3 of the contract, there is a standard hold harmless agreement of an indepen- dent contractor to Collier County which is what Dr. Schmid is Page 25 t>GO'( 102w.~A95 " -~"'---"""",_..~,"~ "'.."._""''',...____......,~".,.'"<..'...,,,'',,,,v,,"''"'',.,,.,··'. _ ..,,,~._____._'O"".,_.__>..__·__·_"_ 102m~ 4.96 MARCH 10, 1987 requesting to be deleted. He stated that it is the recommendation of the County Attorney's office that this provision b~ left in the contract and, therefore, it creates a situation where a policy deci- sion will have to be made as to the type of indemnification or indem- nification provision at all. He stated that in regards to the State statutory obligation for insurance, it is his opinion that this should be determined and addressed by separate Board action. He noted that this insurance would also cover the associate medical examiner even though the associate medical examiner is not a party to this contract. Commissioner Saunders stated that this provision is a standard provision for any independent contractor, but the relationship with the Medical Examiner is not one of a typical independent contractor, in that the the County intends to provide insurance to protect the medical examiner from acts or omissions that he may be invol"ed in during his official duty and questioned what protects Collier County? Risk Manager Rynders stated that Collier County would not be the policy holder, but would be an additional insured on the þolicy which would protect the County. Commissioner Saunders stated that if this is the case, he questi90s if the standard hold harmless agreement is needed, which basically states that rlo matter what Dr. Schmid does, he has to defend Co'.lier County on any actions and this responsibility should fall on the insurance company. Risk Manager Rynders stated that professional liability policies Page 26 ~. - .. ----_....,-"".... ...,~..".~~._,_".","^""."'____~,~w. _....._ "....,-"""'...,-~_.---..,,-- -.-,-- <...,....,..."'-'.""'..,.,,-.........- -"--"""...,.,...,.,,,~.;,.,,,. ,."."...."',."..-..-"_..c.,.,..._,...~=._,"d_·""'''"''''''_..'''·,,,"',--'''i'~",";'~''''' <i' ,. ¡~ ~QQ~ ¡".. . ~ >. f io" .~ 102 P~(,~ 498 MARCH 10, 1987 Commissioner Saunders stated that it seems that the County can obtain at some cost through the insurarce, a substantial amount of protection that is neeòed and the protection that is not obtained would be a fairly small risk, adding that there is some language that is needed that would indicate that the County would not be responsible for conduct, acts or omissions that are not within the scope of the Medical Examiner's official duties and functions. Risk Manager Rynders stated that the language that Commissioner Saunders is referring to is addressed in the Statute. Dr. Engstrand, Associate Medical Examiner, stated that this contract does not involve him but as far as Dr. Schmid is concerned, he has been with the County many years and is committed to excellence in his specialty in medicine and he has never been sued. He stated that this is not a great risk that is being considered. He noted that the indemnification clause in the contract that is being prebented has been chðnged from the previous contract. He stated that t1:'!rt: has ðlways been an indemnification clðuse in contracts but this cj.ause was not present in the many drafts that he saw, adding that it wns worded differently. He stated that he can understand Dr. Schmid'Ð objection to the clause, particularly where it states that Dr. Schmid would be liable for all attorney's fees, cost of litigations and judgements in suits brought against him. He stated that he hopes that the comments of Dr. Schmid will be taken into consideration. commissioner Saunders moved that the agreement between the Medical paqe 28 .. .. .. ---.,.'-,........,..,., ,..,.~......._~,o<....,""~,h'" >w,,"^><""'·_ _.._ - - - MARCH 10, 1987 Examiner and collier county for FY 86/87 be approved with a change in the Section 3 language of the agreement dealing with the hold harmless agreement; that it be made clear in that Section that the county will not be responsible for acts or omissions that are not within the scope and course of the official duties of the Medical Examiner; that language be added to Section 3 that the professional liability 'insurance be in form and in an amount that is acceptable to the Risk Manager with consultation with the Medical Examiner but ultimately the decision be made by the Risk Manager as to the type of policy and the amount of coverage with section 4 language being okay with Items lO, 11, 12, and 13 of the added language not to exceed the amount provided for these line items in the County Budget. Risk Manager Rynders stated that if the County wants to P:Jt the insurance into the contract it would be better to say that it should be in an amount as provided for by the Board of County Commi~sioners and then she could come back and address this because it is statutory that the Board of County Commissioners must provide those amounts. Commissioner Goodnight seconded the motion. County Manager Lusk questioned how Section 4 is being handled, to which Commissioner Saunders stated that there is an amount not to exceed the amount provided for these line items in the County bcdget. County Manager Lusk stated that the Medical Examiner gives a cer- tain amount that needs to be spent for his office supplies and if that amount is taken out but the Medical Examiner still exceeds it, the ., Page 29 aûDX 102 ¡W 499 ~_>.,..~,."",__,,,,,,,,,,_.,",",_"''''_'''''_''''.''''_~'''''"'_"''~H'''''.',w""",_"""",,,,,,,_,,,,,,,, ,".~~-~..,..,..,"",",,,",,-,,,,---- aoox 102 m~ 500 MARCH lO, 1987 County would still owe him the money. commissioner Saun~ers stated that he would delete this lanquage from his motion and keep the contract aa worded with reference to this particular language, and Dr. schmid will have to submit his request for those items. County Manager Lusk stated that the solution to that is if there is higher cost, the Medical Examiner would have to come back to the Board of County Commissioners and ask for more money through a budget amendment. Mr. O'Donnell stated that currently there are a number of items that are necessary for the o~eration of his office which the Medical Examiner's office is in the process of obtaining price quotea on, adding that he has ~ndicated that he would be willing to sit down and discuss these particular requests to see if they could be fit into this year's budget or delayed until next year's budget. He stated that with the elimination of "not to exceed the budget", it would give the Medical Examiner the authority to make those purchases and the County would be liable whether or not the monies had been appropriated. Assistant County Attorney Weigel stated that in regarð to the insurance provision, the Board may wish to take additional action because it is his under.standing that there has been no previous request for an insurance premium and it is not presently budgeted. Commissioner Glass stated that this is required by State law and Page 30 - - .. ,."..^'..."....,,"'-~---_........_._"""""""';-~~,."'. ,,",. "';,',~"'"'"""',-~^'-~.._.. ,...~..,,"'~,.,~"'-,--,-,-,-_.._""~"""'~.-",.. - - - MARCH lO, 1987 the fees will be paid from funds appropriated and questioned why the money is not there? Mr. O'Donnell stated that the State statute spe- cifies it is an amount to be determined by the Board of County Commissioners and it has been previously the position of the Medical Examiner and endorsed by the County that due to the low likelihood of litigation arising that there would not be liability insurance. He noted that a few years ago they did have liability insurance for the Medical Examiner, but when the premiums became extremely high. the Medical Examiner suggested that this item be deleted. He stated that at the time, it was felt that this was a good decision and t:1e liabi'- lity insurance was deleted, but subsequent to that, Staff w~~ asked to revisit the issue and the liability insurance is being supporte1. Commissioner Saunders stated that if this needs to be a separate motion he will change his original motion. Commissioner Saunders moved, seconded by commissioner Goodnight and carried unanimously, that the Medical Examiner's contract be approved with the change in the hold harmless language but without the additional language concerning the insurance. commissioner Saunders moved, seconded by Commissioner Glass and carried unanimously, that staff be directed to review the sit~ation concerning insurance with Dr. Schmid and the Risk Manager and report back to the Board of county commissioners with recommendations on insurance when an analysis has been completed. 00l'E: Cbntract mt received in office of CJerk of the Board as of loBrch 17, 1987. Page 3l 8crn: l02p~r,f501 " , , -",~""",",",".,.....,.,...,>"".,.".,-,,,,,,,.- ,.,,_~_^<_'''''._'__''''_'~'''''·i"'''-·--'''''''''··-···'" .' ".---."""'-"--""""''''''''-- ,.-.,..-.......--,,-,-. · .,_...._ ...,,~" ~._ .·.."-...~.....o '._.'" .",.,.. ,. ~'".. -~« _.. ''''ffl''';_'''<'''~"'-'''';'"'_'~''__''''''''_'''___''''''''''''"''''~''~'''''-'<'''"'"''''- - - - MARCH 10, 1987 Arnold stated that if there is no agreement with the County, then the Commission should at least allow him to bring his plant into compliance. In answer to Commissioner Saunders, Mr. Arnold stated that the percolation ponds will cost approximately $20,000 to $30,000, will comprise appr0ximately It acres on the corner of Industrial Blvd. and Arnold Avenue, and the cost of impact fees to the County will be approximately $1 million. He stated he bought and paid for the system and now the County is asking for the system, as well as fees. Assistant County Attorney Anderson stated that no one in the County has asked Mr. Arnold to give the County his system. He said the County is incurring substantial expense in having a force main constructed in this area. He stated that law requires the County to collect from all new customers on the County system and all of Mr. Arnold's customers will be new customers to the County and will place additional demands on the County sewer system. Mr. Arnold stated when the County purchased the East Naples Sewer System, he met with County representatives and it was agreed that there would be no impact fees charged for the Naples Industrial Park area. County Manager Lusk stated that the County negotiated with the East Naples Sewer System for over 3 years. He said that when they met with Mr. Arnold it was never stated by himself, Mr. Crandall, or the County Attorney that there would be no impact fees. He stated that ~\)O~ 102w.:503 Page 33 ~,-_...-".",..._-,---_...",...",...,......",."<---~"",,,".,,.._,,.....,....-.-, ",.,.",".~..,".._,_._,,~_..,-,........-._~ mK 102 PAr.! 504 MARCH 10, 1987 the County is mandated to charge impact fees to everyone. He added that they did state that Naples Industrial Park would not be charged tapping fees, since Collier County does not charge tapping fees. Mr. Crandall stated that the issue is not whether Mr. Arnold is telling the truth, but rather, if the County does not object to the proposed perm;t they will not have the opportunity to be heard and, by silence are stating they approve and he can proceed with the per- colation ponds. Mr. Anderson stated the q~eRtion is whether the County intends to require the customers to connect or is the County going to let Mr. Arnold continue to run his own plant and not connect? He stated that the County's position is that if they connect to the County Sewer System, they will have to pay impact fees the same as everyone else. In answer to Commissioner Saunders, Mr. Crandall stated that the County discourages people from running their own sewage treatment plants. He said that he does not know what the exact intent of the permit is and in order to find out he must review the permit. He said the only way to do that is to object to the permit. In answer to Commissioner Glass, Mr. Anderson stated that the only thinç in writing is a letter. He stated that the County's Agreement with the East Naples System expressedly states that the County does not assume any oral agreements. He explained that the County does not have the same freedom of contract that a private cor- poration has and cannot simply choose to waive fees. Page 34 - - - -~._~.~_.~".,,_.""- ,_.~-~---",_.,"------ .,..,,,,..,,,,,,o~,,,.__._,,.,,,," ,0 ....,-_.~."..~- ."."...".._~,~-"-,,....,-~~,-- MARCH lO, 1987 Mr. Arnold stated that he has a very large investment in lines and force mains and the County has made money on them. He stated that his lines are built to County specifications and the County will not have to run lines past the property. He suggested that the County buy his lines for what it would cost for the impact fees to connect to the County System. He said this would solve everyone's problem and no money would need to change hands. Commissio~er Glass stated that it seems logical that there should be some type of credit for what is already in the ground. In answer to Commissioner Glass, Mr. Crandall stated that Mr. Arnold is operating under a permit from the Public Service Commission and the County granted permission for him to operate many years ago. Also in answer to Commissioner Glass, Mr. Anderson stated that the County would either have to condemn the existing lines or build duplicate lines along the same route as Mr. Arnold's lines. Mr. Arnold clarified that the lines are located in the road right-of-way and have not been dedicated to the County. In response to Commissioner Saunders, Mr. Crandall stated that if a development with a sewer treatment plant connects to a County line, that development will pay impact fees. Mr. Anderson stated that the only difference in this case is that the County does not own the lines and did not require dedication of the lines when they were installed, as has been the practice since the early 1970's. Mr. Crandall noted that this area currently has an MSTU District Page 35 8GDK 102 p,,~~ 505 " """'~'__"">C~"-.._____,,,,__,.,",,_ ,.".' ~.<...,_..,,,,,.~._,,,.,.._,,_,,,,,",,,,,~,.. ·,·_,·.....,Ä..",._."""~''''.",. """""'_'"''''''""''''' "k, . -~ , ~ ~:. t}.'. ~: f'~' t,,· ,., ;J"'Þ.... ...., ~ - 102 m! 506 MARCH 10, 1987 for roads, water, sewer, etc., to which Mr. Arnold stated that 99% of his development lies outside of the MSTU. In response to Commissioner Glass, Mr. Arnold stated that Naples Production Park and Naples Industrial Park are separate entities. He noted that his development, Naples Industrial Park, is at about 80% build-out and less than 20% of the lots are vacant and all have lines in front of them. He added that the average flow is 44,000 gallons per day and at total build- out, the flow will be approximately 53,000 gallons per day. Tape 18 In answer to Commissioner Glass, Mr. Anderson stated that he would advise caution, and i:npact fees should not be used to pay for existing lines and lift stations. Commissioner Glass stated that the County could buy the lines and then Mr. Arnold could bring the money back to pay the impact fees. Mr. Lusk stated that he prefers negotiation to condemnation, however, he would like it understood that the value of the lines would probably not come close to paying the impact fees the County must collect. In answer to Mr. Anderson, Mr. Arnold stated that he would not take the money and run, but would apply the money for the property owners impact fees. Mrs. Bettie Gulacsik, League of Women Voter's, spoke in favor of the County mandating that everyone connect to the County Sewer System. ~ommissioner Glass moveð, seconðed by Commissioner pistor and Page 36 - - - --"""~.""",~~""",-,"""--,"="."q~,,,,"...~ ..,.__.._...."""'..,.,"~. ._~_.."''''--_.,'-'.''''''' ... " '3""'~' "'o',,',' "..,."~.,.,~__.;="~...."_.._"",,,,.,,.,~ .. .. .. KARCH 10, 1987 carried unanimously, that the County Attorney be authorized to file an objection with the DER for a construction permit beinq issued to Naples Industrial Park sewage Treatment Plantl Staff be directed to investigate the sewer lines, assign a monetary value, and cbtain a written agreement between Mr. Don Arnold and the property owners in the Naples In~ustrial Park Sewer Treatment system; Staff be authorized to utilize the County's Engineers of Record, PRC, in an amount not to exceed $10,000. Item UD2 MARCO SEWERS PHASE II IMPR'::>V1'.:MENTB - AREA "N" - ACCEPTED AND CLERK AUTHORIZED TO ISSUE NOTICES OF CONNECTION Commissioner Pistor moved, seconded by Commissioner Goodnight and carried unanimously, that the sewer system improvements in Area fiN" of Phase II of the Marco Water and Sewer District be accepted and the Clerk be authorized to issue written notices to all property owners within Area "N" that they have 90 days to connect to the system. Item !t9Fl FRANCHISE AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND PALMER COMMUNICATIONS, INC. IN GOLDEN GATB AREA - CONTINUED TO KARCH 24, 1987 Admini~trative Services Administrator Ochs stated that there is currently a service agreement under contract to Cablevision Industries, Inc. which was awarded in 1967. He stated that since that time the cable television industry has been deregulated and the County has a situation where Palmer Cablevision wishes to negotiate a !GOX 1021'!'·~ 507 Page 37 '-~""··-"h'~_·"-_'___;__'~'''''''''"'''''_'''''_''"'''''''k'_' ~. I~ ít" ','c,~ .~( ~, ~i··:~ t·, f~ 'oo~ 102w.! 508 MARCH 10, 1987 franchise that would overlap or cover the same area awarded to Cablevision Industries, Inc. He stated that there is a question as to whether the County can grant a non-exclusive franchise in competition with an exclusive agreement area in light of deregulation. Commissioner Saunders stated that he has been asked to request a continuance of this item by Attorney Fred Dudley, representing Cablevision Industries, Inc., because they were never notified of the County's intentions and did not find out about Palmer's request until last Thursday. Attorney Donald Pickworth, representing Palmer Cablevision, stated . \- that Cablevision Industrie& has been notified since this proposed agreement has been published in the newspaper for two weeks and a representative from Cablevision Industries was speaking with Tom Olliff, Assistant to the County Manager, last Friday. He stated they obviously knew about the proposal or they would not be here today. Some discussion followed on whether or not the item was actually published or was published as a part of the Commission Agenda. Commissioner Saunders stated that the advertising is not the issue, but rather, as a matter of courtesy, the Commission can grant a con- tinuance. Attorney Pickworth stated that they strongly object to a con- tinuance. He stated that in most situations courtesies dictate, however, this matter has been discussed for many months. He said this issue has been continued twice already at the request of Staff. Page 38 .. - - ,!(1 - - - MARCH 10, 19B7 Commissioner Saunders noted that County Attorney Cuyler has been handling this matter, however, he has been called out of town and has not signed off on the agreement. Assistant County Attorney Anderson stated that he has no objections to the item being continued, since neither Mr. Cuyler or Mr. Olliff are present. Mr. Richard D'Louhy, representative of Cablevision Industries, Inc., stated that they hold a valid exclusive franchise agreement for the Golden Gate area. He stated that this agreement gives them the exclusive right to construct and operate. He stated that they did not know about this issue until he happened to call Mr. Olliff on another matter last Friday. He requested a continuance because it is their exclusive area which is in question and they have not had time to pre- pare. Commissioner Saunders stated that he does not want to cause dif- ficulties for Palmer, however, he feels the County should have notified the Franchisee as a matter of good business. He stated that he feels a two week continuance is reasonable. Mr. Robert Moss, Vice-President of Palmer Cablevision, stated that Cablevision Industries is already in a competitive environment, and Palmer is simply trying to compete on a level field. Mr. Moss stated. that Palmer recognizes that Cablevision Industries has an exclusive agreement and that is why Palmer has offered to indemnify and hold harmless the Board of County Commissioners in this proceeding. He added that if this item is continued, they will not be able to compete Page 39 aco!: 102 W,! 509 '.......... """' 'OOK 102m! 510 MARCH 10, 1987 equally with the new developments going into the Golden Gate area. commissioner Saunders moveO to continue this item to March 24, 1987. The motion died for lack of a second Tape t9 Commissioner Goodnight stated that this item has been continued several times and she does not feel continual postponements are in the best interest of the public. She also stated that she is personally against franchise agr~ements. Assistant County Attorney Anderson stated that there is no case law construing the Cable Television Act. He stated that this area of the law is in a state of uncertainty and will probably end In litiga- tion. Mr. D'Louhy stated that they would like an opportunity to discuss what is proposed with the County Attorney and Mr. Olliff because they are not sure exactly what is being requested. commissioner Glass moved, seconded by Commissioner Saunders and carried 3/2 (commissioners pistor and Goodniqht opposed), that the proposed agreement between the Board of county Commissioners and Palmer Communications, Inc. for servioe in the Golden Gate area be continued to March 24, 1987. Item 19F2 RESOLUTION 87-52 APPROVING A CONTRACT FOR TEMPORARY EMPLOYMENT OF AN NRMD INTERN TO HELP FULFILL DATA ACQUISITION AND ANALYSES PROGRAMS FOR GROWTH MANAGEMENT - ADOPTED Growth Management Coordinator Fitzpatrick requested the Board to sign a temporary 6 month employment agreement with Mr. Douglas F. Page 40 - - - .. - - MARCH 10, 1987 Welsh to facilitate compliance with the Growth Management Legislation. In answer to Commissioner Saunders, Ms. Fitzpatrick stated that Mr. Welsh will be collecting the data base material and Dr. Proffitt will be doing the a~alysis. Commissioner Glass moved, seconded by Commissioner Saunders and carried unanimously, that Resolution 87-52 authorizinq the Chairman to execute a temporary employment agreement between Collier County and Mr. Douglas F. Welsh for Growth Management be adopted. Mrs. Charlotte Westman, League of Women Voters, stated that the League is not opposed to the intent. She questioned the need for three temporary employees for NRMD because some of their areas overlap into other areas. Page 41 MOX 102 ~)~~ 511 ¡' . '\ I',,' .1 ,'.."1 'I' ,o~ 102 rA',~ 520 MARCH 10, 1987 Item 19'3 APPOINTMENT 0' OFFICERS AND DIRBCTORS FOR THB 1987-88 COLLIER COUNTY FAIR - CONFIRMED Commissioner Goodnight advised that the Commission has been asked ~ot to include the past-president in their confirmation of Officers and Directors of the Fair because the past-president can only be one person. commissioner pis tor moved, seoonded by commissioner Goodniqht an4 carried 4/0 (commissioner saunders absent), that the appointment of Officers and Directors for the 1987-88 COllier County Fair be con- firmed with the exception of william Bill, Past President, as follOWS: president vice-President Treasurer secretary Director Director Director Director James O'Connell Robert smith Donald Lusk Jo silva Nina Ribin.ki - School system John Garqiulo - civio Org. James siesky - Bar Association Regqie Brown - Agrioulture Item ilIA BUDGET AMENDMENTS 87-165/176 - ADOPTBD commissioner pi.tor moved, seconded by Commissioner Qoodniqht and ClJ~arri~d 4/0 (Commissioner Saunders absent), that Budqet Amendments ;~/~~r~7-16~/176 be adopted. Item UIC BAR 87-024 - ADOPTED Commissioner Goodnight moved, seoonded by Commissioner Glass and carried 4/0 (Commissioner Saunders absent), that BAR 87-024 be adopted. Page 42 ! ,,:':~ .. , ' ,oot 102m~522 MARCH lO, 1987 Item 112A PART-TIME POSITION OF ARBITRATION/MEDIATOR COORDINATOR UNDER THB COURTROOM OPERATION , MAINTENANCE BUDGET - APPROVED County Manager Lusk stated that Judge Trettis has requested a part-time position to handle newly instituted programs of Small Claims Mediation and Juvenile Arbitration for the courts. He stated, however, that there i~ not enough information at the present time. He said they are not certain how many hours this position is to have, whether or not it is on an hourly rate of payor a salary, and whether or not it will be a contract employee. Mr. Sal Gardino stated that Judge Trettis has requested him to work in this position for 2t days per week at a salary of $10,000 per year. He stated that the pùsition duties will include providing training and recruiting new volunteers, as well as creating records for Juvenile Arbitration and Small Claims Mediation. commissioner Saunders moved, seconded by commissioner Goodnight and carried unanimously, that a part-time position of Arbitration/Mediator coordinator, for 2( days per week at a salary of $10,000.00 per year be approved and staff be directed .to obtain a job desoription for this position. Tape '10 Item 112B See Pages 5.3 t) - ..5.35 11 ADDIT1.0NAL FIRE HYDRANTS FOR GOLDEN GATB ESTATES TO BE PURCHASED FROM GOLDEN GATE ESTATES TRUST FUND - APPROVED Assistant Golden Gate Fire Chief Moore stated that fire protec- tion in Golden Gate Estates must be enhanced. He stated that they Page 43 ., - - - .. .. .. MARCH 10, 1987 would like to put fire hydrants in this area which would be a great benefit. He said that during discussion with Staff and the Taxpayers Association, financing became a major issue. He stated that it has been eU9gested that the Truet Fund for the Golden Gate Eetatee area would be the most expeditious way of financing the project. Commissioner Pistor stated that throughout Collier County the Fire Departments have paid for fire hydrants through their fire department budgets. He stated that any accumulated interest on the trust fund is to be used primarily for roads and drainage. Assistant County Attornp.y Anderson read the following from Page 3 of the Agreement betheen Avatar Properties and Collier County: "The governmental facilities which can be constructed upon said property or with the proceeds of the sale of the property include fire protection facilities, police facilities, public schools, libraries and recreational facilities and equipment necessary for the operation thereof. Neither the property donated nor the proceeds from the sale of any dedicated property shall be used for the purposes of acquisi- tion, construction or maintenance of roads and bridges, or similar projects". Real Property Director Carroll stated the paperwork necessary to transfer the money is ready to process. She stated that availability of funds in April when they would be needed is anticipated. commissioner Goodnight moved, seconded by commissioner Glass and carried unanimously, that 11 additional fire hydrants for Golden paqe 4.. , ~co~ 102 PAr,~ 523 j'I,". jf..~ : ~<! ". ': -' ~..., ,\-.. '. ",'" ~. I): /$,' ',.";,,, , -'7. ,. ~/~.t., ~~.. 1', ¡) :~ m~ 102PA(.!524 MARCH 10, 1987 Gate Estates to be purchased trom the Golden Gate Estate. Trust Fund be approved. *** Commissioner Goodnight moved, seconded by Commissioner pistor and oarried unanimously, that the tollowinq items under the Consent Agenda b.'approved and/or adopteds Xtem IUAl RESOLUTION 87-53 CORRECTING A SCRIVENER'S ERROR IN RESOLUTION 87-18 BY CORRECTING THF. LEGAL DESCRIPTION TO REFLECT "RANGE 25 EAST" INSTEAD OF "RANGE 26 EAST" - ADOPTED See Page'l .5'.3' Item 1l4Bl NORMAL BIDDING REQUIREMENTS WAIVED. PURCHASES APPROVED TO APAC AND ZEP CONSTRUCTION TO ACCOMPLISH REPLACEMENT OF PAlLING BRIDGE ON GOLDED GATE BLVD., ONE MILE EAST OF C.R. 951 Item 'UB2 PERFORMANCE BOND FOR THE CONSTRUCTION OF GOODLETTE-FRANK ROAD BETWEEN PINE RIDGE ROAD AND CARICA ROAD BY EMERALD LAKES TO BE EXECUTED See Pages ..5.37-./).3V Item 1l4Ð3 ANTI KNOCK INDEX INCREASED FOR UNLEADED FUEL IN BID '86-985 FROM A MINIMUM OF 87 TO A MINIMUM OF 89 AKI Item 1l4B4 LEASE AGREEMENT BETWEEN THE BCC AND EDWARD P. SCHOLLS, OIL PROPERTIES, FOR DRILLING PURPOSES See Pages ..5.3Q-..5Jj.R Item tUBS JANITORIAL CONTRACT ADJUSTMENT FOR ADDITIONAL SERVXCES WITH MCGINLEY MAINTENANCE, INC. - $2,163.00 Item 'UB6 ,t, '. ,. . pðgè 45 - - - ,~"-~~"""",,,-<........_.., ",,,,,,~...-_---~-,,---- ;"_,,,,,~_,,,__"__"',""4_='"''''''''''''"'''''''''''';''';''' .. - .. MARCH 10, 1987 FUNDS TO BE ALLOCATED IN THE AMOUNT OF $2,000 FOR THE INSTALLATION OF THB SHERIFF'S DEPARTMENT MODULAR OFPICE IN IMMOKALEE - $2,000.00 Item 114B7 BID '87-1081 AWARDED TO WEST CO~ST ELEVATOR COMPANY FOR A FULL SERVICE ELEVATOR MAINTENANCE CONTRACT IN THE AMOUNT OF $9,300 Legal notice having been published in the Nðples Daily News on February 13, 1987 as evidenced by Affidavit of Publication filed with the Clerk, Bid #87-1081 was opened February 25, 1987 at 2:30 P.M. Item 'l4B8 CHANGE ORDER TO KRAFT CONSTRUCTION COMPANY FOR THE CONSTRUCTION OF A HANDICAP RAMP TO THE PROPERTY APPRAISER'S BUILDING IN AN AMOUNT NOT TO EXCEED $3,495. See Pages Not received as of 3/18/87 Item 114B9 MATERIALS TESTING SERVICE AGREEMENTS WITH PTL-INSPECTORATE, LAW ENGINEERING ~ND WINGERTER LABORATORIES POR ANNUAL GEOTECHNICAL SERVICES ON AN AS-NEEDED BASIS TO BE EXECUTED - NOT TO EXCEED $10,000 Gee Pages Not received as of 3/lt3/87 Item tUCl BUDGET nMENDMENT INCREASING STATB ALLOCATED FUNDS POR THB COLLIER COUNTY PUBLIC HEALTH UNIT'S (CPHU) WOMEN, INFANT, AND CHILDREN (WIC) PROGRAM IN AMOUNT OF $12,251 AND AIDS PROGRAM IN AMOUNT OF $2,110 See Pages -.51J.9-.s:s-ð Item 'UDl BID '87-1075 FOR SLUDGE HAULING - AWARDED TO MONTY SANITATION - $43,500 Legal notice having been published in the Naples Daily News on January 19, 1987 as evidenced by Affidavit of Publication filed with the Clerk, Bid #87-1075 was opened on February 4, 1987 at 2:30 P.M. Page 46 ~cox 102 PA'.! 525 " aOOK 102 PAGt 526 MARCH 10, 1987 Item 'UD2 ACCEPTANCE OF NEWLY CONSTRUCTED OFF-SITE WATER FACILITIES TO SERVB WILDWOOD LAKES Recorded in O.R. Book l254, Pages l344-l349 Item I14D3 ACCEPTANCE OF NEWLY CONSTRUCTED OFF-SITE WATER FACILITIES TO SERVE EAGLEWOOD CONDOMINIUM Recorded in O.R. Book 1254, Pages 1983-2000 Item ,14D4 RESOLUTION 87-54 RE ORGANIZATIONAL CHANGES WITHIN UTILITIES DIVISION See Pages ..5..5 / -.s5~ Item fl4Gl CERTIFICATES OF CORRECTION TO THB TAX ROLL AS PRESENTED BY PROPERTY APPRAISER'S OFFICE 1981 No. 639 Dated 2/19/87 ., 1985 . C', ~ No. 230 Dated 2/24/87 1986 Nos. 145 thru 152 Dated 2/19-24/87 Item 'UG2 SATISFACTION OF LIENS FOR SERVICES OF THE PUBLIC DEFENDER See Pages..s 6'.3 - S.s9 . Item tUG MISCELLANEOUS CORRESPONDENCE - FILED AND/OR REFERRED There being no objection, the Chair directed that the following correspondence be filed and/or referred to the various departments as . , Page 47 '., t.· í:', ~ . - - ... '" ._, "'. ..... '_"'"'_""'_""~'"''''''''''"''$''.''''''''"''''''''' ".,''''1:>;,..,.",,",' 1 ~ . -."....~",~,.'...~_."".,,,,"~._---_..-~.~".> ,~.""-~".,..",--.""-",,,,,,,,,,,,""'''''''"'''~'-''''''''~'''-+''-''''''''''~'''''''~'',.#.-"""".""",.,:.","'.."".""¡,...,,,,"',þ,,.....--.,........,,'..-. ',\"" ~II01( 102 w.~ 528 MARCH 10, 1987 lO. Received 03/02/87 Southwest Florida Regional Planning Council's Motion to Strike Respondents' Motion to Dismiss regarding Development Order No. 86-1, DRI known as the Woodlands from the Land and Water Adjudicatory Commission. xc: Neil Dorrill; David Pettrow; and Filed. 11. Received 03/02/87 Prehearing Statement of Department of Community Affairs regarding Development Order No. 86-l, DRI known as the Woodlands from the Land and Water Adjúdicatory Commission. xc: Neil Dorrill; David pettrow; and Filed. 12. Minutes received from: A. 02/20/87 - Board of Adjustments and Appeals. B. 01/20/87 - Immokalee Lighting and Beautification Advisory Committee. C. 02/10/87 - Marco Island Beach Renourishment Committee. 13. 02/26/87 Notice to Owner from Cassell, Credit Manager, Olsen Precast, Inc., informing that they have furnished precast concrete structures and related materials for the improvement of Santa Barbara Boulevard under an order given by Zep Construction. xc: Neil Dorrill; George Archibald; and Filed. l4. 02/27/87 Notice of Workshop to All Interested Persons, from Public Service Commission, Docket No. 860984-TP-Phase II Mechanisms Investigation into NTS Cost Recovery. xc: Filed. 15. 02/23/87 Order Granting Water and Sewer Certificates regarding Application of Marco Shores Utilities and Marco Island Utilities, Public Service Commission, Docket No. 8s031S-WS, Order No. 17218. xc: Bruce Anderson; and Filed. 16. 02/27/87 Letter from Gordon E. Baker, Aquatic Weed Control Program Manager, SFWMD, regarding Letter Agreement with Collier County for Loan of Mechanical Harvesters #460, and enclosing copy of agreement. xc: John Boldt, and Filed. Page 49 - - - ,...,. ....-_.....__.."''''_.. ,··~,_"""___.._·A".._",_·.. ,........-- ~'-~"'_,__......,.o,~""."...",·,..·..~""",';_;."'''"~__...._._....-_,~"..._'_~~,,_>_~,~"~C_,~,,_~._~_._,~_ .. .. .. MARCH 10, 1987 "''''''' There being no further business for the Good of the County, the meeting was adjourned by Order of the Chair - Time: 2:55 P.M. BOARD OF COUNTY COMMISSIONERS/ BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL " "; ~.~~;~POOI' . ~ ....".. /> . .:- .·>,~t,·. i . '<? " ": ....I\·~'r:-- .,-". ~, mESTI ;...... ~Ð'-<::. GILES,""tLERK ~~d~~~D' r~,,~ U These minutes approved by the Board as presented ~ or as corrected ~a~/ A. HASSE, JR., CHA~N , . on)J!~""z'J: /,7'/ ¡. ;' " Page 50 r.oox 102 PAr., 529 ~~, ...,¡... r, .' , . '-,/ I} ¡ U¡..1 .._,...._.._,.~ ~.. -_········'''-·-''-~,-~-,,·.._,_,,'__,-.....'''''''~'''_'..........,M'''...._·''"_"'''''''''''''~'''''''~,;.,__..."_,",,,,,,,,,,,,,,,_,",,,,,,,,_,,,,",,,,,,___