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BCC Minutes 02/17/1987 R .. .. Naples, Florida, February 17, 19R7 LET IT BE REMEMBERED, that the Board of County Commissioners in and for t~e 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 Na~'es, 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, Deputy Clerk; Donald B. Lusk, County Manager; Neil Dorrill, Assistant County Manager; Ken Cuyler, County Attorney; Bruce Anderson, Assistant County Attorney; Tom Crandall, Utilities Administrator; George Archibald, Public Works Administrator; David Pettrow, Community Development Administrator; Ann McKim, Planning/Zoning Director; David Weeks, Planner; William Lorenz, Pollution Control Director; Leo Ochs, Administrative Services Administrator; Nancy Israelson, Administrative Assistant to the Board; and Deputy Chief Ray Barnett, Sheriff's Department. Page I ... BOOK 101 PAr.r 510 . "I Ti, . /1'. .'1 ," . .." fin ,~) 1J IODK 101PA~t515 ... ;. {,f., >< ~' r· ":. ", Tåpe"l Iteœ f3 FEBRUARY 17, 1987 .., ,)"....,1 . . , ¡.' AGENDA AND CONSENT AGENDA - APPROVED WITH CHANGES Commissioner Goo4night move4, secol4ed by Commissioner Pistor and carried unanimously, that the Agen4a an~ the Consent Agen4a be approve4 with the following changesl Item '9D3 - $11,600,000 Capital Improvement Bond Purchase Contract. - Moved to 1:30 p.m. Item 'lOB - Presentation by Jim watt on Home RUle, Inc. group. _ A44ed (County Attorney Cuyler) Item '12D - Further 4iscussion of County Water Sewer District Special Act. - A4de4 ~Comm. Saunders) Item '14B7 - Request tor carnival permit. - Move4 to Item 9US (Comm. Hasse ) Iteœ '5A EMPLOYEE SERVICE AWARDS (PERSONNEL) Chairman Hasse presented Employee Service Awards to the following employee: Ephrim McMullen I tam f4 ,.. Ochopee Fire Control District 5 years MINUTES OF JANUARY 27, 1987 - APPROVED AS PRESENTED Commissioner Goo4night move4, secon4e4 by Commissioner Glass and carried unanimously, th~t the minutes Of January 27, 1987 be approved as presente4. '. " 'I "-J) , '. t·, ::1, (~::, . !I:; L'C;::"Úi.1 ¡,~' :;j,! I, i',-.:, { ~ ,.. Pð'9~'2 ',' :~". . r , I, :;".: "" . ;! ~, . ¡ ,; -; ~ ,. . ¡ '. ¡,. ' .~/.,;":':'J:"' 'J": '. !'. ~.,,~-_.... ~; , - - - FEBRUARY l7, 1987 Item f6Cl ORDINANCE 87-S AUTHORIZING PERSONNEL RELATED EXPENDITURES - ADOPTED Legal notice having been published in the Naples Daily News on January 28, 1987 as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider an ordinance . authorizing certain per~onnel relate1 expenditures and establishing that such expenditures are for valid an' proper County purposes. Administrat,ive Services Administrat.o. Ochs stated that the County presently administers several pe~formance incentive, recognition, and employee relations programs. He cited examples óf the Service Award Program, Employee of the Month Program, Safety Incentive Program, etc. Mr. Ochs advised that in order to comply with a recent Attorney General Opinion,' it is necessary to adopt an Ordinance authorizing these types of expenditures. County Attorney Cuyler explained that this Ordinance is simply a cover Ordinance which allows for such programs to be implemented. He stated that each new program implemented will still require ð Resolution adopted by the Board. Commissioner Goo4night moved, .econded by Commissioner Glass anð carrieð unanimously, that the publio hearing be close4. Commissioner Glass moved, seconðed by Commissioner Gooðnight and carrie4 unanimously, that the or4inance as numbere4 and title4 below be a40pted and entered into or4inanoe Book No. 26: Page 3 IOOf: 1011'.\'7.516 ... ""'''''-.''''''''' "~~""'.~."~'.. -....~~.- "-"'>"'--"'-"'--"~""'"~< _. "...."---',..,.........._.."....""...."""."...";.~.,.'"___........._."._.,.,_.,,.N', "~"",,,, .. f.~:¡ m" ~< I;... 10h~517 ,I.l....: . :;i· '..~ , ... , ' 't ~ .J ¡ ) J . " ~ ~ oj t, FEBRUARY 17, 1987 ORDINANCE 87-5 AN ORDINANCE AUTHORIZING CERTA ~ PERSONNEL RELATED EXPENDITURES AND ESTABLISHING :, ',\T SUCH EXPENDITURES ARE FOR VALID AND PROPER COUNTY PURPOSES; PROVIDING FOR PURPOSE AND INTENT; PROVIDING FOR THE AUTHORIZED EXPENDITURE OF COUNTY FUNDS; SETTING FORTH A PROCEDURE FOR APPROVAL OF SPECIFIC EXPENDITURES; PROVIDING CONFLICT AND SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Item '7A1 RESOLUTION 87-361 RE PETITION V-86-16,JOHN DYEHOUSE REPRESENTING HR. , MRS. ROBERT L. TURLEY, REQUESTING HEIGHT VARIANCES _ ADOPTED Legal notice hav:ng been published in the Naples Daily News on February 1, 1987 as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition V-86-16, filed by Mr. & Mrs. Robert L. Turley, requesting a 10 foot variance from the maximum height of a principal structure of 30 feet to 40 feet and a 5 foot variance from the maximum height of an acê~ssory struc- ture of IS feet to 20 feet. Mr. Weeks stated that the property is located on the east side of Copeland Drive approximately 200 feet west of South Barfield Drive on Marco Island. He said the site consists of three lots and is currently undeveloped. Mr. Weeks advised that in reviewing this petition, Staff finds that a land-related hardship does exist as set forth in the criteria in Section 11.l.b.4 of Zoning Ordinance 82-2. He referred to a map depicting an abrupt slope on thê site which is an existing natural . . T (-. , ,Page 4 ~. . /. - - - - FEBRUARY 17, 1987 condition. He stated that the characteristics of the land slope pre- vents its reasonable use and under existing zoning regulations, construction of the proposed residence would be impractical. Mr. Weeks noted that the petitioner is in compliance with the Zoning Ordinance on everything else except the height of the two structures. Mr. Jonathan Kramer, adjoining prop.:. ~y owner, stated that he would like some assurance that he will not be looking at a 40 foot wall. Mr. John Dyehouse, Architect, advised that the top elevation is the front of the house and will not be facing Mr. Kramer's property. He said that most of the house is below the 30 foot requirement, however, the height becomes exaggerated as the land slopes. He added that if Mr. Turley placed his residence on top of the slope, instead of building into the slope, the structure would be much higher and would still meet the requirement. commissioner Glass moved, seconded by commissioner Saunders and carried unanimously, that the public hearing be close4. co~~issioner Glass moved, seconded by Commissioner Saunders an4 carrie4 unanimously, that Resolution 87-36 re petition V-86-16, John Dyehouse representing Mr. , Mrs. Robert L. Turley, requesting a 10 teet variance from the maximum height of a principal structure ot 30 teet to 40 feet and a 5 foot variance from the maximum height of an accessory structure ot 15 teet to 20 feet, be a4opte4. Page 5 &OOK 101pÂ,;!518 ;>" ,;;,)1.: 11\1 ' . . ¡ . . -.' ""j ",, ~".: ,. -:or. ~ ~¡' îf, '.~11. ;~:. &17D( 101~521 ·t, ~~~;."., ".; " j þ;¡f ,. ... ........-, .. ~ FEBRUARY 17, 1987 Item '7A2 RBSOLUTION 87-371 RB PETITION V-86-17, NICK S. CENTENARO, REQUESTING A 7 FOOT VARIANCB FROM THE REQUIRED CANOPY SETBACK REQUIREMENT _ ADOPTED SUBJECT TO STAFF STIPULATIONS Legal notice having been published in the Naples Daily News on , . February 1, 1987 as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition V-B6-17 filed by Neno J. Spagna representing Nick S. Centenaro, requesting a 7 foot variance from the required canopy etback and a 5 foot variance from the required pump island setback for an automobile service sta- tion. Planner Weeks stated that the subject property is located at the intersection of U.S. 41 and 102nd Avenue, and is currently an automo- bile service station. He stated that this site is presently non- conforming in four areas: I. The principal structure does not meet the required side setbacks of 40 feet; 2. The pump island closest to U.S. 41 does not m~et the required pump island setback of 30 feet: 3. The property does not meet the required lot area of 18,000 square feet; 4. The parking and landscaping does not meet the Zoning Ordinance requirements. Mr. Weeks advised that the petitioner plans to make site improve- ments, including reloc~ting the pump islands farther from U.S. 4l, installing a new canopy, and adding landscaping and parking lot impro- Page 6 ,\ I r" ¡.. ' ./. '.d ¡ , , , ' - - - "'~«___'"_'~';'_" .........."..,,'" _..;"..·~.h..._" .-.,.-.,. """""';""'"-~'-'-''''''''''.''._''''''''~-''---'-'-'''''-'''''''''''''''''''--'''''.''''".~ ___"n"~'""''''_''''_''",'.__ ... ... )DK 101mI523 . I . . .~ I ", '\ FEBRUARY 17, 1987 variance from the required canopy setback, from 20 feet to 13 feet, and a 5 foot variancG from the required pump island setback, from 30 feet to 25 feet, be a40pted sUbject to Staff stipulations. .. . Page e t ,/. - - - o_._.___~"___,_____""'_"'-_.'~.'.._,,'_ '...,...--......--. - -~..,., ._--~--".,.'>-,~.~'..,.._'..- .. .. .. FEBRUARY 17, 1987 Iteœ UB1 MARCO ISLAND BEACH RENOURISHMENT AND PUBLIC ACCESS M.S.T.U. FUNDING SOURCES FOR LOAN TO BE INVESTIGATED AND $4,000 TO BE ADVANCED Public Works Administrator Archibald advised that the Marco Island Beach Renourishment and Public Access M.S.T.U. has a funding source in the upcoming FY 87/88 of up to one-half mill. He stated that the Advisory Committee is in the process of considering a contract during FY 86/87. He stated that this work cant' t go forward unless a Tax Anticipation Note can be obtained to fund expenditures during FY 86/87. He advised that this budget is to allow for certain design functions to oc=ur now rather than postponing for roughly one year. In answer to Chairman Hasse, Mr. Archibald stated that funds which . '" were collected by a private organization on Marco Island were expended by that group for the original studies. He stated that the monies collected privately are not included in this proposed bUdget. In reference to bids on the engineering work, Mr. Archibald stated his belief that there will be an advantage to expanding one of the County's current contracts resulting in a savings in time and expense. He said that in order to extend this contract they will need funds, and Staff would like Board direction to investigate obtaining those funds. He stated that if Staff cannot come up with a source of funding, then this project will be delayed for sometime. Tape '2 In answer to Commissioner Glass, Mr. Archibald stated that at the present time Staff is considering three possible funding sources: Page 9 ~DD( 101 F)H 526 ~ . """",-"..,,-- "~'~'~-"""""'--"""_""---""---....."~"".........".,.,.,....".,.."-,~",,,,,,",,' /-1' 1 aOUK 101 P.\7. 527 ... FEBRUARY l7, 1987 I. A loan from the general fund, which may not be acceptable. 2. A private loan which would have to be at an acceptable interest rate. 3. Some of the r~serves in the Capital Accounts. Commissioner Pistor stated that he ~nderstands loaning for some advance work, however, he questions all~~ating $200,000 for engi- neering work which should be obtained through the bidding process. He stated that he certainly does not want to delay the project, but does not want 6nyone to get the impression that a beach renourishment program is a one-time expense. He stated that it is an ongoing propo- sition. He stated that the County must be very careful that this is done right the first time. In answer to Chairman Hasse, Mr. Archibald stated that the County is currently working with a consulting service. He said the first thing to be done is to see whether the best price and response time could be accomplished under the current contract, and ~f Staff or the Committee does not feel that a competitive response is being received, Staff would request the Board of County Commissioners to direct seeking proposals. County Attorney Cuyler stated that in addition to the financial matter, t~is question will be addressed and reported on in two weeks. Mrs. Charlotte Westman, resident of Marco Island, stated that she understands the need for an advance on funds, however, the budget appears to be a blank check. She stated that the proposed budget does Page 10 .. .. .. -_"'_-,"~_.,...,,~" - - - FEBRUARY 17, 1987 not address the question of double taxation and requested the Board to scrutinize this issue carefully. Mr. Mike Zewalk also r~quested the Board to make certain that the residents of North Naples are not payinq for a project on Marco Island. Commissioner Pistor advised that thl~ ~uestion of double taxation is already being studied by Staff and the County Attorney. He also advised that the original study was a feasibility study and the issue at hand is design. Mr. Ira Evans stated that the Advisory Committee has been through negotiations on contracts and it is their feeling that there would be no advantage to bidding this contract, since Coastal Engineering Consultants, Inc".has already done considerable work. He requested the Board to consider advancing enough money for the Committee to con- tinue working while some of the details on the budget are being studied. He also queried whether County funds were used in the Northern Collier County study? He stated that if that is the case, the residents of Marco Island are entitled to a reimbursement on that participdth>n. Commissioner Glass move4, secon4e4 by Commissioner pistor and carrie4 unanimously, that Statt be 4irecte4 to investigate the three alternatives ot funding proposed by the Public Works Director, including all legal connotations, an4 return to the Board with a recommendation in two weeks; an4 $4,000 be a4vance4 to the A4visory Committee to allow them to continue work. aoo~ 101 rJ~-! 528 Page 11 ~ ~. . ". I ~ ... ~~~"-""""'"''''<-'.,"~., ",..-,.~,., ,/. .,. ... BOOK 101P1'it529 FEBRUARY 17, 1987 Item f9Al ENVIRONMrYTAL SCIENCE AND POLLUTION CONTROL DEPARTMENT TO RECEIVE $10,000 FOR ADMINISTRATION OF THE SHALL QUANTITY GENERATOR NOTIFICATION PROGRAM Environmental Science and Pollution Control Director Lorenz requested that the Board of County Commissioners approve a budget amendment transferring $10,000 from thr General Fund Reserves for the purpose of initiating the Small Quantity Generator Notification Progl'am. Mr. Lorenz advised that Florida Statutes require each county to annually identify the hazardous waste management practices of at least 20% of the County's potential generators of hazardous waste. He stated that this translates into 240 site visits annually and the information must be submitted to DER by June 30th of each year. He stated that the Plan~ing Department Staff conducted the first phase of this program, however, ESPCD Staff has more experti~e in assessing water quality impacts of improper hazardous waste disposal. Mr. Lorenz noted the Planning Department requested a waiver of the on-site visits until the impact of the new program could be determined, and therefore, 480 on-site visits must be accomplished before June 30, 1987. He added that if this program is delayed until the new budget year, it will require 720 visits before June of that year. Mr. Lorenz advised that current Staff levels in the ESPCD are suf- ficient to administer this program in FY 86/87 with minimal disruption . , Page '12 - - - .."',...."''"-,''''-''~......_.__..,'',..'"'''.",.;-,."'-''~''',.,,,.'''.."'''-- ---,--,...." - - .. '/0(.. ,'/ FEBRUARY 17, 1987 to existing programs and requested $10,000. He added that other funding sources will also be identified to administer this program in the FY 87/88 budget year. Clerk Giles st~ted that he would rather have the Board pay the cost of this program directly from the General Fund, as transferring this money would co-mingle funds acquird by referendum. He stated that the referendum allowed for monitor1..g sludge and sewage pOllution only. He suggested that perhaps it would be good to try and modify the wording. Mr. Lorenz stated that the next referendum will be in March, 1988, if the Board wishes to expand the wording. Commissioner Saunders stated that it is not too early to start planning for that now. Commissioner Saun~ers move4, .econ4ed by Commissioner Glass and . ,. carrie4 unanimously, that an account of $10,000 be set-up in the General Fun4 for ESPCD for the purpose of administering the Small Quantity Generator Notitication Program. Item f9B2 FIVE YEAR SECONDARY ROAD PROGRAM PRIORITY LIST _ APPROVED Public Works Administrator Archibald submitted a Secondary Road Program updated priority list of arterial road needs for the upcoming five-year period. He stated that the up-date is being submitted for purposes of coordinating current design and construction phases, and also for planning and bUdgeting purposes in FY 87/88. He stated that ~D BOOK ...... 1~:~530 ~Qa· "jOtn. "1{ 'r .' ~ ~'..:'~ ... , , Page 13 o._......~.~.,._.~~.____ aODK 101,,:.1531 ... FEBRUARY 17, 1987 the program includes major road construction, improvements, signal installations and resurfacing projects. In answer to Chairman Hasse, Mr. Archibald advised that in the past the 5-year plan has been very closely adhered to in terms of activity and dollars. He s~ggested that the plan be followed closely in the current year. and said the budget is based on the plan. In answer to Commissioner Pistor, I' , Archibald stated that one of the projects on the priority list is 4-laning a portion of Davis Blvd. from Santa Barbara Blvd. through the intersection of County Barn Road. He noted that the County is required to build the intersection and it will not cost much more to do the 4-laning at the same time. He noted it is being funded through a combination of revenue, developer sub- sidies, and State subsidy sources. He noted that this should help alleviate some of the problems along Davis Blvd. Mr. Archibald noted that the section of D~vis Blvd. to Airport Road is cur~ently planned for design by DOT, and hopefully construction of that section will be completed in the next few years., County Manager tusk queried if an offer of fund participation in the design would speed up the process? Mr. Archibald stated that currently Collier County is one of the few counties actively involved in the State's 80/20 Program. He added that in the future, the County/City share of this program may be reduced. Mr. George Keller, Collier County Civic Federation, stated that Page 14 - - - ".""'-~.."""""",.~."_."""""",'~",,,",,,,,,. -···.'N__""'..___..____."'..,_""'.,"W,'''''',,,.~","'''''''''_''''·'''",~__"'"..,,"".~._''''~,.,~~.~-...- - - - /. "I FEBRUARY 17, 1987 ~S too many developments are being approved on Davis Blvd. He said the State does not pay much attention to their roads and cited SR 951. He 8uggested that if the State wilt not address SR 951, maybe the County should consider at least 3-laning this road to improve safety. Mr. Richard Braun, Golden Gate Taxpayers Association, stated that the streets in Golden Gate Estates are not being built to accommodate the heavy trucks and it is rUining the ~ads. He also stated that Collier County does not receive its fair share of road funds from the State. Mr. Archibald stated that the Golden Gate Trust Fund interest is used each year for resurfacing in Golden Gate Estates. In answer to Chairman Hasse, .~. Archibald stated that the roads in Golden Gate Estates are built to handle truck traffic but are not built to handle the same volume of traffic as an arterial road. Mr. Archibald stated that it is true that a lot of the existing roads in Golden Gate are not built well, however, they are being reconstructed and widened, even if it is only one mile at a time. Mr. Braun suggested that the County institute weight limits on these side roads and have them enforced. Tape f4 Commissioner Pistor mOVG4, secon4e4 by Commissioner Goodnight and carrie4 unanimously, that the Five-Year Secon4ary Roa4 Program Priority List be approved. . Page 15 BunK lOlr;;;.!532 tr¡¡}( In ¡ " ,:,) 1" ;,:<1\ ~ '-"""'~""-'''"'----'''---",'~. "".",............._"'"-"~.; -"~""'--_._---~-- , , ' IDO~ lOl~~.t549 .. .. FEBRUARY 17, 1987 \ I : \ :,~)' Item '9B3 NEGOTIATIONS FOR 20 ACRES OF PROPERTY ADJACENT TO COUNTY LANDFILL _ APPROVED Public Works Admini~trator Archibald stated that a 20 acre parcel of land adjacent to the County Landfill has been considered for pre- sent and future needs of Collier County. He stated that at Board direction an appraisal of the subject property was completed by ,Richard Webster & Associates, Inc., and the current market value of this property is $2,000 per acre. Mr. '~chibald requested Board approval to have Staff contact the owners of the subject property and negotiate a purch~se price based on the appraisal. He stated that Staff will sUbmit a report of negotiations for consideration of final purchase. He added that the'Solid Waste Department has reserve funds available for the purchase of the property. In answer to Bob Krasowski, Assistant County Manager Dorrill explained that the Solid Waste Fund has a separate reserve fund designated for the purchase of property derived from r~venues of land- fill operations. Commissioner Goodnight moved, seconded by Commissioner Glass and carried unanimously; that Staff be 4irecte4 to negotiate for the purohase of 20 acres of property a4jaoent to the County Lan4fill. ..... RECESS 10:40 A.M. RECONVENE 10155 A.M...... .. Page 16 1 ;., .~ - .. .. "'--.;;_..,..._....,---....._....,,,..,,,.,"i->.,",.,~"'_''";,~'"''q,..,.,,,""-<....,.._,,,_ ~ .. .. .. FEBRUARY 17, 1987 Item US4 DNR RE UEST FOR OFFICE SPACE AND PINANCIAL ASSISTANCE _ DENIED Publjc Works Administrator Archibald stated that the Department of Natural Resources is instituting a Land Acquisition Team to be located in Naples. He advised that Dr. Elton Gissendanner, DNR, has requested that the Board of County Commissioners 'onsider allowing them to Use oífice space at the County Complex and tOe use of any surplus office fUl'niture and equipment. He stated that the initial team will consist of three or four employees and they request the support for one year. Commissioner Pis tor stated that it is his understanding that they are looking for space and will pay rent for it. In answer to Commissioner Glass, Assistant County Manager Dorrill stated that he has spoken to Dr. Gissendanner and indicated that there , ... may be a trailer available, however, it will need to be reviewed by Staff and presented to the Board of County Commissioners for approval. The fOllowing people spoke against allowing DNR to occupy office space at the County Complex: John Keschl James Echols M. Dan Nickel citing reasons of lack of space at the County Complex and not being in favor of removing more land from the County tax rolls. *** Items lOB An4 9F2 were heard At this time *** Tape '6 Discussion continued with the fOllowing people speaking against &OOi( IOlI'Ar,r 550 Page 17 ~'L~. l (\ ; 1"·'-; . ,.t ... ,.~ ,> ~..... . -.-- '''..''''"..'.....''.''''.---....... '*"'--'--.,,,.-- , , -1'. f'/ \T- .'~-'¡~'" ' ·lJií _ ,-"."" ...:!.-} f;:; ~...;;: .." 101",,551 ' it, :f..~ ; FEBRUARY 17, 1987 tr allowing DRN to use office space at the C,ounty Complex: Mr. Frank Weed, Ms. Marilyn Knoblauch, Richard Braun, and Joe Townsend citing ~easons vf protection of property rights and not being in favor of removing more land from the County tax rolls. Mr. Dorrill stated that Staff has ~o particular recommendation on this issue and if the Commission says ' ,¿", the DOT has offered to allow DNR to share space in their right-of-way office. Commissioner Goodnight stated that the DNR has never kept Collier County Staff apprised on their actions and said this could be a good way to keep a handle on what that Department is doing and would also be a good will gesture. Commissioner Saunders stated that the decision to acquire more lands is a decision made by the State and the Commissioners cannot change that fact. He stated he would like to cooperate, but does not see any benefit to providing space for this particular~~roject. He said if they need assistance, staff can show them what is available in Collier County. Commissioner Glass move4, seconded by Commissioner Saun4ers and oarried unanimously, that staff send a letter to the DNR 4enying their request tor otfice .pace at the present time and suggesting they take the offer of the DOT. Tape IS Item UOD- PRESENTATION ON HOME RULE, INC. Mr. Jim ~att, Home Rule, Inc. advised that the people of Florida are in favor of Home Rule and Legislation enacted implementation Page 18 - .. .. ..._"~.__..__... ....,.-~""'-"", ...._'",~;,.._.,,""-...............,.,¡";-~...,,~_¥_-_.; - - - FEBRUARY 17, 1987 of Home Rule. He stated that since that time legislature has con- sistently placed more demands on local government without supplying funds or options. He stated that Governor Martinez is also committed to Home Rule. Mr. Watt advis~d that Home Rule, Inc. will be available to work closely with the Countip.s, Cities, and School Boards on issues involving Home Rule. He stated that tl,'y would like the suggestions and opinions of the local governments or, what could be done to stop the erosion of Home Rule. He advised that Home Rule, Inc. will be publishing a newsletter and publication of a report card on how Legislators vote on Home Rule issues being considered. He stated that Home Rule, Inc. hopes to be geared up for the April, 1987 Legislative Ses~i~n. In answer to Assi~tant County Manager Dorrill, Mr. Watt stated that they will not have someone available in Tallahassee to offer lobby related advise in the foreseeable future. He stated that Home Rule, Inc. will be similar to the Tax Watch Group. Item 9F2 FOOD ESTABLISHMENT REVIEW BOARD, BOARD OF ADJUSTMENT , APPEALS, EMERG. MEDICAL SERVICES ADVISORY BOARD - APPROVED FOR CONTINUATION1 TOURIST DEVELOPMENT COUNCIL - DISSOLVED Assistant to the County Manager Olliff stated that Ordinance 86-41 provides the guidelines for the County Advisory Boards and calls for a review of these committees. He stated that this is the first year in &DOf. IOl~~~ 552 Page 19 ; " '... ""--""._~""'"''''''''''.'.'-''' '~--"--~"""""~"""''''''"---~'''';''''"'''-'.''''''<',",.",,' '··""-·';'·-"".."""""h",·.".."_~~_,,....I;.",<"""""""''''''''''='''''',."..,.".., /. , ., :~..:~:~: ," ot" ~, .', , ~ '.." ~ 1';.~ ~I:':~" ~,~'= . ,'" ~(; ~",.. '. :?~; ~:~ . t.., I,t aooc lOln~J.553 ... FEBRUARY 17, 1987 which any of the committee9 have reque9ted to make a presentation to the Board. Mrs. June Singer, Food Establishment Review Board, stated that this committee has played a vital role with regard to enforcement of the Food Hygiene Program and creating a healthier atmosphere for the community. She stated several hearing~ were conducted by the FERB during the past twelve months, reaultin in prompt compliance to existing Health Rules and Regulations. She stated that at the present time it is felt that problems associated with certain segments of the food industry can best be served by FERB. '.; J Mrs. Singer requested that the Commission consider instituting a fining procedure that can be implemented by the FERB for violations of health requirements. She stated that this would be a very effective tool. Commissioner Saurt4ers move4, secon4ed by Commissioner Goo4night and carrie4 unanimously, that the Foo4 Establishment Review Board bo continue4 and the County Attorney's otfice investigate allowing FERB to impose tines and meet with the FERB. Mr. Mario LaMendola~ Chairman of the Board of Adjustments & Appeals, stated that this Board'~ function is to mediate ,and resolve differences of opinion in interpretations of the building codes bet- ween the County Building Department and Contractors. He stated that this Board's existence and duties are described in the Standard , , Page 20 - - .. ''''_'_~"''''·'''''>''''''·''^''''''''·"O''' ,»."~.""",~..~,,,,,". _"""""''''''._,", _""'''''''''"'''''''~__<"' ____.0'..·0 ,,- .. _ _Ii'.. ..,_.w''''''''''',·.,..,·~"".",..n^..""""_·......_"".._~..·",,.,,.,, · -t-. 1'/ FEBRUARY 17, 1987 Building Code which indicates the Board's membership. He advised thet eight eppeels had been heard in the lest 12 months, all resulting in successful conclusions. He requested that the Board of County Commissioners retain the Board of Adjustments & Appeels. Commissioner Goo4night move4, .econ4e4 by Commissioner Glass and carried u~animously, that the Board of A4justments , Appeals be con- tinued. Mr. Olliff stated that the Emergency Medical Services Advisory Council wes initially instituted for in 'Jring a smooth transition from privately-operated service to County-opetated service. He stated that this function has been completed, and suggested that powers and duties of the EMSAC be re-established. Mr. William Erickson, Chairman of EMSAC, stated they are very .' pleesed with the County EMS operation. He steted that the Council sees its role as an intermediary to the public. He requested that the Board of County CommiR&ioners continue this Council end thet e legal representetive be eppointed, In answer to Commissioner Pistor, Mr. Erickson stated that they do receive copies of letters sent by the public to the Commission for review. Commissioner Pistor move4, secon4ed by Co~issioner Goo4night and carried unanimously, that the Emergency Me4ical Service. Advisory Council be continue4 an4 staft should review the powers an4 duties of this Council tor nee4e4 m04itications. lOOK 101 FA"[ 554 pege 21 ~.....~ .'t ~ f' , ~, ; ; " ,.~ :_J I : ¡ ! _ ... -""-,._~-~..,..<.""..--,_..,,,,,,........,,,,,,,,-----_._^,-",,,> ... lOOK 101 f'A~! 555 FEBRUARY l7, 1987 Mr. Chuck MOhlke, Vice-Chairman of the Tourist Development Council, stated that they have fulfilled their task and submitted recommendations. He said that there really is nothing more they can do and requested that the Council be d{ssolved. He stated that the Hotel/Motel Association should readdre!., a unified destination marKeting pr09ram and he requested the Board to welcome advise from ' the Hotel/Motel Association and give them assistance. Commissioner Pistor stated that after reading that Lee County has two to three million dollars to spend, it is regretful that Collier County could not work out a suitable program. Mr. Mohlke advise~ the Board that they may wish to terminate the Ordinance creating the TDC and also advised that there is an unex- pended balance of roughly $4,500 which can be reabsorbed into the General Fund. .. . Commissioner Pistor move4, socon4e4 by Commissioner Goo4night and carried unanimously, that the Committee recommen4ation to dissolve the Tourist Development Council be approved. ... Commissioner Glass left the meeting at 12 Noon .** Tape '6 Iteœ UB5 CARNIVAL P~RHIT AND LEÄSE AGREEMENT WITH ST. DEMETRIUS ORTHODOX CHURCH FOR COUNTY-OWNED PROPERTY - DENIED Pu5liè Works Administrator Archibald stated St. Demetrius Orthodox Church is requesting a catnival permit for a carnival to be held on Page 22 .. .. .. '~"'._""'-""""'<~' ~.".,~"".,."","-;~.,...,-_. '""'__"A"q,~ '~""__:__!f""'''__" .. .. .. FEBRUARY 17, 1987 County-owned property in Golden Gate, and their is also a companion item contained in the C?nsent Agenda requesting a carnival permit in Immokalee. He stated that the Church) 'cation is on Price Street in the Naples area and just off Pepper Roao in the Immokalee area. Mr. Don Goodrich, Promoter, stated that St. Demetrius is a small group wishing to hold a fund raising drive for the purpose of expanding their small congregational church. He stated that the car- nival will be put on by Larry's Organization which is the same organi- zation that is used by the area Catholic Churches each year. Chairman Hasse s~ated his concern about using Golden Gate property for an organization which is actually located in East Naples. He also stated his concern as to whether the Commission will be confronted with ð constant rotation of carnivals in Golden Gate. County Attorney Cuyler advised that the Board has the same authority to use this land as it has exercised in the past. Tape '7 Deacon Michael KarasaeviCh, St. Demetrius Orthodox Church, stated that this is the only Orthodox Church in Collier County. He advised that they l.ave recently instituted a building fund and the proceeds from the carnival will be used for an expansion program. In answer to Commissioner Pistor, Assistant County Manager Dorrill stated that the County currently has no policies on this piece of pro- perty. Page 23 800K .1lU' D;1CÆ 556 ---." ,.",-, ",..- , ~..p. l' ~ IDOK 101 PA<;! 557 ... ~, ~ FEBRUARY 17, 1987 Mr. George K~ller, Collier County Civic Federation, stated that this carnival cannot be compared to Fr"ntier Days which was held on ~he same piece of property, because Fr~':ier Days was for the benefit and promotion of Golden Gate. He stated his opposition to this piece of property being used for special interest groups. Commissioner Pistor stated that he believes that this property should be used for Golden Gate activities only. Commiesioner Pistor moved, secon4ed by Chairman Hasse an4 carried 4/0 (Commissioner GlaRs absent), that the oarnival permit and lease agreement with St. Demetrius Orthodox Church for CountY-Owned property in Gol4en Gate be 4enied. *** The following items were approved anð/or adopted under the Consent Aqen4a upon motion ma4e by Commissioner Pistor, seoonded by Commissioner Saunders, an4 carrie4 4/0 (Commissioner Glass absent) I *** Item U4A1 .... CARNIVAL PERHI~ NO. S5-2 ISSUED TO S~. DEMETRIUS ORTHODOX CHURCH FOR FEBRUARY 23-2S, 19S7 AT ROBERTS AVENUE AND SR-29 (IHHOXALEE) fooo See page Item U4Bl BID 'S6-1061 FOR MEDIAN CURB GOLDEN GATE PARKWAY PHASES II , III AWARDED TO H. W. BEAUDOIN' SONS, INC., FT. MYERS, FL. _ $74,905.00' Legal notice having been published in the Naples Daily News on January 5, 1987 as evidenced by Affidavit of Publication filed with the Clerk, public hearing was o~~ned to consider Bid #86-106l for i, ¡ ¡.,::" Page 24 : J ; t>'~' ",. 'ñ" "., ",~,,:7'" g·v:" '~:~~ ~' ," 'J( ; ~t,:·:.' i', . .. .. .. FEBRUARY l7, 1987 construction of median curbs, Golden Gate Parkway Median, Phase8 II and II 1. Item 14B2 APPROVAL OF CHANGE ORDERS NO. 1 THROUGI" NO. 5 TO AMERSON SALES, INC. FOR MEDIAN LANDSCAPING' IRRIGATION - ~, ~,664.15 ç,1J.3-~o~ See pac¡e. Item U4B3 APPROVAL OF ACQUISITION OF RIGHT-OF-WAY AND EASEMENTS BY PURCHASE OR GRANT IN PINE RIDGE INDUSTRIAL PARX MUNICIPAL SERVICES TAXING AND BENEFIT UNIT Item U4B4 APPROVAL OF ROADSIDE SWALE IMPROVEMENTS ON MARCO ISLAND AS PART OF SEWER PROJECT RESTORATION ACTIVITIES Improvements þy Guyman Construction in approximate amount of $4,000. ' Barbados Avenue Grapewood Court Rockhill Court Meadowlark Court Polynesia Court Item '14B5 APPROVAL OF BUDGET AMENDMENTS ADJUSTING CARRY FORWARD FOR ROAD IMPACT FEE FUNDS Item U4B6 APPROVAL OF BUDGET AMENDMENTS TRANSFERRING FUNDS FROM FUND 305 TO FUND 31S Item '14El BID '87-1067 FOR MAINTENANCE OF COUNTY TYPEWRITER INVENTORY AWARDED TO NAPLES BUSINESS EQUIPHENT AND BUSINESS MACHINE SALES Legal notice having been published in the Naples Daily News on January 7, 1987 as evidenced by Affidavit of Publication filed with Page 25 &O~ 101w'f55S ... "". ... " ..-. -..--.. '''-'.''''''-'''''''''- . ",;¡""-",,,-,,~~,,,*",,_...,.,,,,,,.,-,.. ."-.'>.-.'<...."'......-'. "" ·,____."'__"'"",""._,>·w'~"..,"'·"..".~,."",.".. '/~' , 1 \ ,;~, ~r~ , t ~;, ~:~' lOOK 101 PACt 559 ~{., ;~/. '': ) ....., FEBRUARY 17, 1987 the Clerk, public hearing was opened to consider Bid #87-1067 for Typewriter Maintenance. Approximate amount of $18,995. Item '14G1 , AUTHORIZATION TO PAY PINAL INVOICE FROM THE UNIVERSITY OF SOUTH PLORIDA, PER AGREEMENT, POR C.C. ORGANIZATIONAL CLIMATE SURVEY _ $lS,OOO.oo Item f14Hl CERTIFICATES OF CORRECTION TO THE TAX ,'LLS 1983 No. 394 Dated 01/23/87 1984 Nos. 258/259 Dated 01/23/87 1985 Nos. 226/227 Dated 01/23/87 1986 ,Nos. l29/140, Item 'UH2 EXTRA GAIN TIME AUTHORIZED FOR INMATE NoS. 46462, 39595, 23016, 40972, AND 1197 Dat~d.Ol/20-02/03/87 Item f14H3 DUPLICATE TAX CERTIFICATE NO. 2504 TO CLAYTON REID See 'page Item f14H (pOl - - MISCELLANEOUS CORRESPONDENCE FILED AND/OR REFERRED There being no objection, the following correspondence was filed Page 26 - .. .. -~"''''~"'~~-"","""",'-~--- -'","""'....,,,.,,.,~-~ ........ -~---".."._'" ---------_._"'".'"--,.". - - - FEBRUARY 17, 1987 and/or referred to the various departments as indicated below: 1. Memorandum dated 02/06/87 from Richard W. Smith, P.E., Chief, Bureau of Wastewater Management and Grants, regarding Environmental Regulation Commission Consideration of Construction Grant Program Issues, and attaching department memorandum discussing construction grants. Referred to Neil Dorrill, Tom Crandall and filed. 2. Letter dated 02/06/87 from Douglas L. Fry, Environmental Supervisor, enclosing short form application (File No. 11302445), which involves dredge and fill activities. Referred to Neil Dorrill, Dr. Proffitt and filed. 3. Memorandum dated 02/03/87 fro.. ~L. Dept. of Law Enf., Uniform Crime Report Program, regardin~ 1986 Annual Report for Crime in Florida. Referred to Sheriff Rogers and filed. 4. Letter dated 01/20/87 from Jonathan Morstein, Senior Research Assistant, Georgetown University, requesting par- ticipation in a research project for five human welfare services, and enclosing a survey form. Referred to Neil Dorrill, Kevin O'Donnell and filed. 5. Letter d~ted 02/05/87 from Gloria G. Connor, child Support Enforcement Specialist Contract Manager, en~losing an origi- nal copy of the amended contract for Service of Process bet- ween HRS, th~ Collier County Sheriff's Department, and the Collier County BCC for the balance of FY 86/87. Referred to Sheriff Rogers, Don Hunter and filed. 6. State of Florida, Land & Water Adjudicatory Commission, Motion to Dismiss and Answer to Petition received 02/06/87 for Appeal regarding Development Order No. 86-l, DRI known as The Woodlands. Referred to Neil Dorrill, David Pettrow and filed. 7. State of Florida, Land & Water Adjudicatory Commission, Response in Opposition to Motion to Consolidate received 02/09/87 regarding Development Order No. 86-1, DRI known as The Woodlands. Referred to Neil Dorrill, David Pettrow and filed. 8. Motion to Dismiss, Answer to Petition of Appeal, Amended Motion to Dismiss, and Amended Answer to Petition for Appeal rcceived 02/09/87 regarding Development Order No. 86-1, DRI known as The Woodlands. Referred to Neil Dorrill, David Pettrow and filed. BOOK 101 P~t:E 560 Page 27 ... '---~"'-""-""~- '"'._._,_.,,-_ ·...·,·,~~.,"'·"'·~L~...,""'_,_._._. -'_.;.".,--,....\111 '/--1>. " .. lOOK 101PAG£561 ,~ ,I ~ FEBRUARY 17, 1987 9. Minutes received and filed. 01/13/87 EMSAC and 02/11/87 Notice of Next Meeting 01/13/87 - G.G. Parkway Beautification Advisory Comm. and 02/10/87 Agenda 01/15/07 - :orrected minutes of CCPC *** Item f9C1 REQUEST TO WAIVE FORMAL BIDDING PROCEDURE TO PURCHASE INCINERATOR FOR ANIMAL CONTROL - ~PPROVED Public Services Administrator 0' DOi' "'11 stated that the incinerator being utilized for disposing of animal carcasses at the Animal Control Center has become defective, unserviceable and beyond repair. He stated a replacement is needed which meets the Department of Environmental Regulation standards. Mr. O'Donnell stated that a previous Executive Summary for the purchase of a Shenandoah Model P16-2G was submitted and Animal Control has received the permit from DER. He stated that since that time, the Simonds Manufact~ring Corporation, in AUburndale, ~iorida, has offered for sale a used incinerator that is in the possession of the Ocala Humane Societ~. He said that the Simonds Company will warrant the unit as a new unit for a periOd of one year and fabricate the unit for outdoor use. He advised the ~otal delivered and set~up price of this unit is $8,085 compared to the new unit price of $23,096.00. He added that the Simonds Incinerator is a larger unit than the Shenandoah Pl6-2G and will meet the needs of Animal Control and the Simonds Corporation will provide certification of a professional Page 28 .. .. .. 'O"'_""""~___~"'''" """"'''"__ ,,' ·,_····_"__,____.__.........,_,,_,,W·',-'-e·k~.,..~.,,~_..,,-" ·or ,,'.. ,',., c .;,_~ e,...',.' "'."., :,; . --::/í~" ·t~). IJ~.' ,. , O)-t..<.,; ~.: FEBRUARY 17, 1987 engineer that the unit meets all DER requirements. In answer to Commissioner Pistor, Mr. O'Donnell stated that the Animal Control Director l~ent to 'Ocala to see the unit and reported that he is satisfied that the unit meets DER requirements. Commi~sioner Saunders moved, seconded by Commissioner Goo4niqht an4 carried 4/0 (Commissioner Glass absent), that formal bid4ing be waived an4 the used simonds Incinerator, Mo4el 104, be purchased for $8,08S. Item UC2 RESOLUTION 87-38 RE MUSEUM ARCHIVIST - ADOPTED. ADDITIONAL FUNDS FOR PURCHASE OF ARCHIVAL STORAGE MATERIALS AND EXPANSION OF THE MUSEUM'S STAFF, $11,500 - APPROVED Public Services Administrator O'Donnell stated that when the ' .' Museum's FY 86/87 budget was initially developed, the department was granted an interim funding level, until such time as the Museum was physically relocated to its new site and the expanded facilities were phased into operation. He said the expansion work is well underway, and the completed portions are ready for occupancy by Staff. He noted there is a great deal of work to be done to systematically arrange and inventory the Museum's collections and research area before the entire facility is re-opened to the public in the Spring of 1987. Mr. O'Donnell stated the currently irreplaceable objects are arranged in mi~cellaneous boxes and containers which were acquired or donated over the past nine years, making analysis and conservation Page 29 aoo( lOl,,~,,~562 ... <"""'--~""""'''',,".._<"-_.... -. .. --" ~-%, ,...."",_",¡ I__--..<.""',·.~·,',_..,,""","__,.,k.''''''__''','''',."_... ~4. f' ... no~ 101 PAGt 563' FEBRUARY 17, 1987 extemely difficult. He said a planned storage system of archival designed flat metal files and fixtures would provide a more compact and secure arrangement for the Museum's substantial hOldings, and at the same timc make them more accessible to citizens and scholars. Mr. O'Donnell stated that in addition to the storage system, a Museum Archivist position is requested to identify, inventory and store archival items and to transfer t"e Museum's handwritten accession records to computer for futur, reference. He said that the Personnel Department has recommended this position be assigned to a salary grade of P-3, $13,935 to $19,510 annually. Mr. O'Donnell advised the fiscal impact for the balance of FY 86/87 will be approximately $11,500. Commissioner Goo4night moved, secon4ed by Commissioner Pistor and carrie4 4/0 (Commissi~ner Glass absent), that a storage system be purcha~ed and a Museum Archivist position for the Museum be approve4. See Page ? 0 J.. .. . ***** RECESS 12:25 P.M. RECONVENE 1:30 P.M. ***** Item f9Dl REIMBURSEMENT OF SEWER ,SYSTEM DEVELOPMENT CHARGES FOR THE LA PENINSULA PROJECT - APPROVED Utilities Administrator Cran~all reported that the d.veloper for the La Peninsula Project paid $72,545 in sewer development charges as required by the County. He stated that since this project'1ies in an area not designated to be served by the County sewer system within the Page 30 - - .. "".~.-"."",.""....-""_--,-"~~_.,..,_....,,..-,,,*,," ".~ M._'_.'_;,"""___".._".,'<""'''''___''''...,.u,.._,__.._..".....,....,~.....,.."",,~"..,.,,_..,_" .- '. '. - - - FEBRUARY 17, 1987 next ten years, Section 3, Paragraph "D" of Ordinance 86-66 applies, allowing for a refund of these charges. Mr. Crandall stated that correspondence was received from the developer's attorney on October ì3, 1986 with backup supporting the request for reimbursement of the sewer system development charges. Assistant County Attorney Anderson ~tated that this project clearly falls into the guidelines for a "fund. He noted that the refund is without interest. commissioner Saun4ers moved, seconded by Commissioner Goodnight and carried 4/0 (Commissioner Glass absent), that $72,545.00 be refun4e4 to the La Peninsula Project un4er the provisions of Or4inance 86-66. Item '9D2 .... PORTION OF FORCE MAIN CONSTRUCTED BY THB GLADES, INC. UNDER SETTLEMENT AGREEMENT AND CHANGE ORDER NO. 2 - ACCEPTED AND APPROVED Utilities Administrator Crandall stated that a portion of the 12 inch sewage force main, which was constructed by the Glades, Inc. pursuant to the terms and conditions of the Settlement Agreement is complete. He stated that Staff is requesting the Board to accept this portion of 12 inch main from Station o + 00 to Station 13 + 00, and approve a change order in the amount of $80,993.43. Mr. Crandall advised that it is necessary to accept this portion of force main to allow the Utilities Department to divert the Kings Lake flow from that line to alleviate the plant at Foxfire. -- lOlpw56! Page 31 P,DOK ... '",-.._"",-----""'--~"~- /(ò. , .., ... aOOK 101 P~Gt 565 FEBRUARY 17, 1987 In answer to Commissioner Piator, Mr. Crandall stated that the County does not have to pay the $81,000 right now. He added that the County will receive impact fees as developments tie into the system. ... Commissioner Glass returne4 to the meeting - 1:40 p.m. ... Assistant County Attorney Anderson advised that prior to closing, there was an amendment to the contract " ich increased the cost of constructing this line. He said the Board allowed Staff to approve change orders if they did not exceed lS\, however, this change order does exceed that amount and is being presented for approval, In answer to Commissioner Saunders, Mr. Anderson stated that the Board must approve this change order, if they want the line built. Mr. Anderson also advised that thcre is a problem between the engineers on the project and the Glades, Inc., however, he does not know the nature of the dispute. Tape fa County Manager Lusk stated that the Foxfire Plant is designed for 300,000 gallons and at ,~he present time is receiving approximately 400,000 gallons. He said that Staff chose not to expand the Foxfire Plant, but rather to divert some of the flow, which has saved the .. . County approximately $150,000. Mr. Anderson advised that an Affidavit of No Liens, which is required by the County Attorney's Office will not be available at this time, and he wanted to make sure everyone is aware of that fact. Page 32 - - - _".~_'_"'"'' .,,·c,",~"~_""'" -"'_'''''''''"~''''~''-'_-~_''''''''~'-'''''''''''_''. .,----,_........_--,-...,"',.""'";,'~"-~._..._--~~,","~-";..,,....,.,... _:.:.1'··...:· .... .. - .. " . FEBRUARY l7, 1987 County Attorney Cuyler stated that the contractor would normally supply an Affidavit of No Liens, and in this case they will supply a document of "no claims", since the Affidavit is not supplied until construction is complete. Commissioner pistor move4, seconded by Commis.ioner Glass and carrie4 unanimously, that a portion of '~. newly construoted 12 inch sewage torce main, constructed by Gla4e., Inc., from station 0 + 00 to station 13 + 00, pursuant to the terms and conditions ot the Settlement Agreement, be accepted and the Chairman be authorized to sign Change Or4er NO.2. , ," ~: J ,j " " &O!l~ 101 w,~ 566 Page 33 ... ;q::t ~; ,. . ~ i:)',. :. ..,'_........._."..~,.~."_.. '_..~,._-----....._--"',._..."...' . -~. 1'/ . .. .. .. FEBRUARY 17, 1987 Item UE1 PURCHASE OF A MULTI-USER COMPUTER SYSTEM FOR THE ADMINISTRATIVE SERVICES DIVISION - $38,716 - APPROVED Administrative Services Director Oc' I stated that at the present time the entire Administrative Services Uivision is served by two early model stand-alone personal computers with very limited hardware and software capability. He stated that the present equipment does not adequately support on-going functions such as budget preparation, revenue forecasting, risk analysls, personnel records or central stores inventory management. Mr. Ochs recommended that a Digital MicroVAX II be purchased in the amount of $3à~7l6 for the following reasons: l) Vendor has offered at a price $59,937 below State contract price; 2) The software operating system is the same as the Clerk of Courts System, and com- patability is essential; 3) DEC computers are the only ones that use the VMS operating system being used by the Clerk; and, 4) Vendor has strong local service network and quick response time. Mr. Ochs note1 that this purchase will require a budget amendment of $24,000 from General Fund reserves. Commissioner Saun4ers moved, secon4e4 by Commissioner Glass an4 carried unanimously, that b1dding be waive4; a DEC MicroVAX II mini- computer system be purcñased at $38,716; an4 a bu4get amen4ment of $24,000 be approve4. Item UH2 BUDGET POLICY FY 87/88, INCLUDI~~ SERVICE LEVEL FORHAT AND COST GUIDELINES - ADOPTED Page 34 &OOK 101 PAGt 570 __,_,.____o~ . '" /." 1 ,. --.-. -.,... ... aOD¥: 101PAr,t571 FEBRUARY 17, 1987 Budg~t Director Zalka stated that decisions must be made on the 'discussion ~hich took place at the Budget Policy Workshop. She stated that with the service level format, ipcreases will be based on the policy decision made today for current ~rvice and expanded service will be reviewed throughout the Summer, She advised that the first decision to make is how much money to set aside for salary increases. She said that at the Workshop is was discussed that 4.5% would be the total of both merit and cost-of-living raises. Ms. Zalka suggested that the exact split between merit ~nd across-the-board adjustments be decided at a later date, when surveys and other data is available. She stated there has been a recommendation that all raises be given on October 1, which would mean that the average merit raise would be maybe less because it is covering a longer period of time. Ms. Zalka stated that a decision must also be mad~.as to how attrition is going to be accounted for in the budget. She said that Staff recommends using a 2% attrition rate, saving approximately 1% of the budget. She explained that this means people would not be taxed for the savings which may be generated through employee turnover. She advised that a concern has been raised by the Constitional Officers because they have a set budget and do not like to return to ask for money during the y~ar. She stated that this concern can be alle- viated by budgeting 100% on the expense items for the Constitutional Officers, but anticipate that on the revenue side, the excess returned Page 35 .. .. .. ---.""'--._..,,,.,"'<._,-.,~"'..."''''"_._'''''''--'''''''''''-..,'''''...,'''"''_...... --,."-""'"""",,,,,'_''_'''0'-,",," - .. .. FEBRUARY 17, 1987 at the end of the year will be based on an additional 2% attrition rate. In answer to County Manager 'Lusk, Ms. Zalka stated that if a department has no turnover, they will ~d more money in their salary account before the end of the year. She stated that they would first look to other departments which may have greater than 2\ attrition rate for the money, and if it is not available, they will have to Come to the Commission for more money. She stated that within each fund, departments can help each other. Clerk Giles stated that budgeting for 2' attrition lowers the budget, however, it does not save money. He noted that something that is not factored j~t0 this is leave pay upon termination and very often when a person quits, the new employee is hired before the departing employee has left, for training purposes. He stated that until now the money from turnover has been used for leave pay associated with ter- mination. He advised that, it is his opinion, that it will be very difficult to administer and will become cumbersome. Ms. Zalka stated that this is being proposed for departments with 5 or more employees only. Commissioner Saunders stated that it is clear that there is no Ðctual savings to the taxpayers, even in the short term. He stated that it will create a paperwork and budgeting problem. Clerk Giles suggested budgeting the 2% less in the Contingency MOK 101 Þ~r,! 572 Page 36 t,.:,,' ': ,i ¡ 't. ;. ~ : " .} . ,....J /-!I, 1- '-..-- ------... ...- _. m~ 101PAc,t573 FEBRUARY l7, 1987 Fund, which will creete the same short term sevings for the texpayers, but will elleviate the cxtre edministrative work involved. Ms. Zelke continued by stating thet for operating and capital expenses, Staff is pro~osing that ectual cost date be used wherever available, end then inflation be esti~ ted at the Consumer Price Index. She said that trevel for professional development should be bas6d on an allocation of $1,500 for each Department and Division Administrator and $500 for appropriate professional positions which also need to trevel. She suggested that regular business travel be evaluated separately according to the individual circumstances. She proposed a higher level of deteil for FY 87/88 showing appropriation level detail for each department. She stated that a forecast column will be added based on current year actual expenses for 6 months, forecasted into an annual budget. In answer to Commissioner Pistor, Ms. Zalka recommended using the actual budget for forecast purposes rather than the revised budget because the adopted budget was the last time the Board reviewed the entire budget. Tape #9 Commissioner Pistor stated his disagreement with this philosophy. He also stated his disagreement with the travel allowance. He said that the State meal allowance is an unrealistic figure. Commissioner Saun4ers move4, seconded by Commissioner Glass and Page 37 - - - ~.""~,«~,-".,--..-.,., .....,.."~-"-.;"."..~_."...,--~....~--""-"'~~--...-..~,._,,..>..__..._._..~,-,--....-....=-- -----."""'-"...-.-,......- .If . ........"".,"~""'_'''''''-'a<........,'''"..__,__.......~_"'''''=,~_.'''._,. . - - - FEBRUARY 17, 1987 carried 3/2 (Commissioners Pistor an4 Goo4niqht opposing), that start recommen4ations '1, 2, 4, S, an4 6 be adopte4. Mr. George Keller inquired ~ow the Board can justify 4.5\ increases when the Consumer Price Index is 1.5%? He asked why the Commission must adjust salaries across-the-board? He suggested raises based on years of servi~e. Commissioner Saunders explained that the 4.5\ is not an across-the-board increa~ . but rather the maximum for across the board and merit raises combined. Commissioner Saunders stated that Item #3 is creating a paperwork and bUdgeting problem and is not saving the taxpayers any money. He stated that he would like Ms. Zalka's recommendation on Item #7 again. Ms. Zalka explained that the discussion on this item was whether to 0" compare the FY 87/88 budget to the FY 86/87 adopted bUdget or the FY 86/87 revised budget in the middle of the year. She stated that the revised budget would end up being a smaller percentage of increase 1 would reflect the amount of increase over 6 months rather than one year; and would also take into account changes the Board has already approved. Ms. Zalka recommended using the adopted budget because it reflects a full annual increase and was the last time the Board reviewed the whole budget at one time. Commissioner Saun4ers move4, secon4eð by Commissioner Glass anð carrie4 4/1 (Commissioner Pistor opposing), that Item '7, using the figures from October 1, 1986, be aðopte4. W~ 101...-<-£574 Page 38 ...' ,......"."'",----"'''..~...__....._- '" ...."---.,-,..,,._"""-,_....."",.,'~_.,"'."'....,- ;,s-r:. 'I aOOK 101 pm 575 ... FEBRUARY 17, 1987 Ms. Zalkð ðgain reviewed Item *3, explðining how using a 2% ðttri- tion rðte within the budget will aðve the tðxpðyers money in the short term only. She explained that in the long term, there is no savings because it reduces carrJ-over funds. Commissioner Glasa moved, Becon4ea y Commissioner Goo4niqht an4 oarrie43/2 (Commissioners Pistor and Sa~n4ers opposing), that Item 13 bfl a4opte4. .> . Page 39 .. .. .. '---........,~---~_...."1" - , '~f,. (~\ ~~;:~ " .~ ::t: l;'~ì'·~,;" Ii' 'b, ~':):'" ~:,:,:: .... ,: I ¡, i ,,¡ . 'QQK 101 m~ 585 FEBRUARY 7, 1987 Item f9Fl , . \ 10 FIN~L MEMBERS APPOINTED TO THE COLLIER COUNTY PLANNING COMMISSION CITIZENS ADVISORY COMMITTEE Growth Management Coordinator Fitzpatrick stated that the Board ha~ already appointed 15 members to thp. CCPC Citizens Advisory Committee. She advised that the Ordino' '<I allows for 21 members, however, at the February 10, 1987 Meeting, the Board directed that the Ordinance be changed to include 25 members. Chairman Hasse stated that one member from each Commission District is to be appointed, as well as five more County-wide positions. Commissioner Saunders suggested that each Commissioner write down 5 names and anyone receiving 3 or more votes should be appointed, Whil~ the votes were being tallied, County Attorney Cuyler stated that the Ordinance provides for 21 members, and since the Commission wishes 25, the Ordinance will have to be amended. He ~tated that this means that for the time being 4 of the members being appointed today will not be authorized by the Ordinance until the amendment is completed. He advised ,that this is not a problem and the Commission may appoint all 10 today. In answer to Commissioner Saunders, County Attorney Cuyler stated that the member appointed by each Commissioner must reside within that Commissioner's District. Ms. Fitzpatrick stated that Mr. Henry Maxant is the only person who received three or more votes. The following people from each district were recommended: ': Page 40 .. - .. -".,'-,.._"','....._....__.._-~_."""-j"-".,'"._.~..,' . . " .. - District 1 - William Morris District 2 - Tony Baltakis District 3 - Joseph Grimm District 4 - Jim O'Donaghue District 5 - John Veit - FEBRUARY 17, 1987 Tape no Commissioner Saunders recommended Tony Pires and Ira Evans for County-wide members. Commissioner G1a< recommended Terence Fitzgerald for a County-wide member. Commissioner Pia tor recommended Bettie Gulasick for a County-wide member. Ms. Fitzpatrick summarized the 25 member Committee, as proposed: Appointed members: Wafaa Assaad Eli Bell Mark Benedict J. Dudley Goodlette HarCJ1d L. Hall Marjorie Joder David K, Johnson David B. Land . '" Proposed members: William Morris Tony Baltakis Joseph Grimm Jim O'Donaghue John Veit Thomas Peek Karen Peterson Lyle Richardson Sister Patricia Sieman Thomas M. Taylor Stanley P. Whitcomb Robert H. Zimmerman Henry Maxant Tony Pires Ira Evans Terence Fitzgerald Bettie Gulasick commissioner Glass moved, seconde4 by commissioner Saun4ers and carried unanimously, that the proposed 10 mombers to the Collier County Planning Commission Citizens A4visory Committee be appointe4. ... Commissioner Saun4ers le!t the meeting at 3:00 p.m. ... Item flOA EXTENSION AGREEMENT BETWEEN COLLIER COUNTY, RESOURCE RECOVERY OF COLLIER, INC. AND WESTINGHOUSE ELECTRIC CORP. AND SHAWHUT ENGINEERING - APPROVED County Attorney Cuyler distributed copies of a 60 day extension agreement between Collier County, Resource Recovery of Collier, Inc. BOOK 101 pm 586 Page 4l , /1'. , ., ... BOOK 101 PAQ 587 FEBRUARY 17, 1987 and westinghouse Electric Corp. and Sr,1wmut Engineering. He stated that the agreement was signed by Shawm~ Engineering, however, Westinghouse made changes before signing and returning. He stated for the record that Collier County does not have an Extension Agreement at this time because it has not been executed by the Board of County Commissioners, He noted that a representative from Westinghouse is present to answer questions. Ms. Maria T. DiPa~quale, Special Counsel to Collier County in con- nection with the Resource Recovery facilities negotiations, stated that on Page 3 - Paragraph 2, Westinghouse has suggested an insert. She said that the County initially agreed that this extension be until March 31, 1987 and there is some concern that March 31st will not allow enough time due to Westinghouse's approval process. She said their suggestion is that if the March 31st date i~'close and if terms have been agreed upon, but there is insufficient time to go through the technical process, the parties could request a 30 day extension. She noted that since the County is aware that it may be difficult to negotiate the actual terms of the service agreement within that time frame, the County may wish to change the March 31st date to May 10th. County Attorney Cuyler stated that the issue of the date should be taken into consideration along ~.:th the suggested insert to the bottom of Page 3 which states that if negotiations are not going well or if Page 42 - - - .. .. .. FEBRUARY l7, 1987 either ptrty desires to terminate they may proceed as set forth in Paragraph 3. lie noted that this' would not release the Service Agreement, per se, but all provisions ,nder this Extension Agreement. In answer to Commissioner Pistor, ~" DiPasquale stated that the date of May 10th gives Westinghouse enough time to complete their approval process and enough time after it is signed to send it back to the Board of County Commissioners for signature. County Attorney Cuyler stated that he wants to see the other parties sign first and the Board can see exactly what they are signing, He stated that in light of the provision that allows either party to begin termination, he has no object!~ns to the May 10th date. In answer to Commissioner Glass, County Attorney Cuyler explained that neither party must wait until May 10th to begin termination. ~e said that the termination process may be invoked by either party if they believe nothing is going to happen. Ms. DiPasquale directed the Board's attention to Page 8 - Paragraph 6. She stated that this insert should have been in the ori- ginal and was taken out by mistake. She said Page 8 - Paragraph 7 deals with the Escrow of certain bond costs which are now higher than the $42,208 in the agreement. She stated this figure has been changed to $57,208. Assistant County Manager Dorrill stated that there has been some concern on the part of the County that the bond costs would be higher than the $42,208 which was put in the agreement. He said ~DOK 101 w'~ 588 Page 43 .4~_"1;1''''~' ",__.","",,",~,_~_ R , .I: ../" .. BOOK 101 PAC,[ 589 FEBRUARY 17, 1987 Westinghouse has stated that it will be difficult for them to receive approval with an actual figure, and through negotiations, Westinghouse has agre~d to pay an amount not to exceed an additional $15,000. Mr. Dorrill stat~d that this $15,000 has b~en added to the $42,208 in bond costs. He noted that Staff is satisfi. with that figure. In answer to Clerk Giles, Mr. Dorrill stated that there was an up- charge incurred because of some proprietary and confidentialty arrangements and contracts which Westinghouse had that required R. W. Beck to travel to Pittsburgh and Baltimore to review certain records. He said they have agreed to pay all of those up-charge costs. He said that the other costs for R, W. Beck are recoverable under the bond issue. Tape 111 Ms. DiPasquale stated that the charges at the bottom of Page 8 refer to the escrow ~harges. She said that Attorney Ge~rge Varnadoe has agreed to be the Escrow Agent. She stated that Mr. Varnadoe has agreed that his firm will not charge for the outlined services in the Escrow Agreement, however, there will be a charge if the parties were to enter any litigation. She said that Westinghouse has suggested that if this happens, the cost would be borne by the accrued interest of the Escrow Fund, and if this interest is not enough to cover the costs, they would be split equally by Shawmut, Westinghouse, and the County. In answer to Clerk Giles, Ms. DiPasquale stated that this Page 44 .. .. - - - - FEBRUARY 17, 1987 could happen if there is ðny litigðtion. Attorney George Varnadoe confirmed that his firm will act as Escrow Agent ðt no cost within ~he terms of the two ðgreements. He said that if one pðrty sues the other party and also names the Escrow Agent, it goes beyond the ðgreement, ð ñ the principðl pðrties of the litigation will have to pick up the cos~a of the Escrow Agent in defending thelnselves in that litigðtion. County Attorney Cuyler stated that because of the Agreement, it is not likely that there will be ðny litigation, particularly involving the Escrow Agent, however, the possibility always exists, and Westinghouse's position is that the money first come from the interest on the money held by the Escrow Agent, and then any costs thereafter . ,. are split equally among the parties. Ms. DiPasquale added that if the bonds are not used to finance a Resource Recovery facility and ðre redeemed, the money in the Escrow Account and the interest would go to the County. She said that if the County does use the bonds for Resource Recovery, the money and interest will go to Westinghouse. Ms. DiPasquale stated that the County hðs requested Westinghouse's and Shawmut's Counsel provide the County with the incumbency ðnd authority of the person executing this Agreement and any other docu- ments. Sh~ said the change made on Page 9 - Paragraph 9 is simply ðsking the Boðrd's Counsel for the same information regarding the Board of County Commissioners. BOOK 101 m~ 590 Page 45 ".f ...~r1 ....."'.._."""___'_".~._." "~"'~'·_'~""_".'.'''''.''ù'''___'''''_''''''''_'''''··'"''''··'·''''''~·"'<'»~"_"'"",,,..,,.,,.,,.~'- , ,1', f'/ BOOK 101 PAGt 591 FEBRUARY 17, 1987 Ms. DiPasquale stated tha,t the chenge made on Page 11 is requesting the County to weive soverign immunity in the same cate- gories of action that they have agree~ to waive venue. She stated that this change makes sense, Ms. DiPa~quale stated that on Exhibit Page B-3 there is a minor change which keeps the wording consistent. She stated that this par- ticular exhibit has already been signed and may be signed by the Board of County Commissioners. She stated that Exhibit B-S has been changed to outline the charges owed the various firms listed therein. County Attorney r.uyler summarized the changes as follows: 1, Change date to May 11, 1987 (May 10 is a Sunday) 2. Note ability of either party to invoke termination process 3. Increase bond monies to a maximum of an additional $15,000 4. Escrow Agent will not charge for normal services, but if litigation occurs, the accrued interest be used for Escrow Agent's legal fees, and then the parties divipß any addi- tional cost 'equally . S. County Attorney to provide an incumbency certificate 6. Soverign immunity language The following people spoke against the proposed extension: George Keller Bob KLasowski John Keschl Richard Braun Mrs. Charlotte Westman stated that the Board of County Commissioners must put aside all emotional remarks. She asked the Page 46 - - - ~"""-'-"''''-'''- .. .. .. '~.-r-, 'I " FEBRUARY 17, 1987 Board to carefully weigh the mðteriðls they hðve been given ðnd listen to Counsel. commissioner pistor move4, ~econ4ed by Commissioner Goodnight and carrie4 ~/O (Commissioner Saun4ers abc' ~t), that the Extension Agreement between Collier County, Resource Recovery of Collier, Inc., westinghouse Electric corporation an4 Shawmut Engineering, as pre- sented by the County Attorney, be approve4 an4 the Chairman be authorize4 to sign upon return to the County on or before February 27, 1987. Item 'l1A BUDGET AMENDMENTS 87-107/108; 87-129; 87-131; 87-133/137; 87-139/141; 87-143/14S - ADOPTED Commissioner. Ristor move4, .econ4eð by Commissioner Goodnight an4 carrie44/0 (Commissioner Saunðers absent), that Budget Amendments 87-107/108; 87-129; 87-131; 87-133/137; 87-139/141; an4 87-143/14S be adopte4. Item fl1C BUDGET AMENDMENT RESOLUTIONS 87-016 AND 87-020 - ADOPTED commissioner Goodnight move4, secon4ed by Commissioner Pistor and carrie44/0 (Commissioner Saun4ers absent), that BAR 87-016 and 87-020 be adopted. Page 47 &DDK 101 pm 592 ... " , ; ~ ,'-: ¡P' , .. , ~ ~ , : ----~."".,-"'.,~''''".'".,.~ .....,^"""""'--,,.,........ , .J.,I !UI , , \oot 10i'~(,t595 FEBRUARY' 17,' 1987 !.1 ., Ite1D 112A CORRECTION OF LEGAL DF.SCRIPTION FOR T'~ LELY GOLF ESTATES BEAUTIFICATION TAXING DISTRICT ,.. APPRl:, ~D Commissioner pistor stated that through some over site the Cypress Gate Condominium was excluded from the legal description of the Lely Golf Estates Reautification Taxing District. He stated that the people who live in the Cypress Gate Condominium are in the voting district and did vote to approve the district. commissioner pi~tor moved, secon4ed by Commissioner Glass and carried 4/0 (commissioner saunders absent), that the county Attorney's office be directed to correct the legal description for the Lely Golt Estates Beautification Taxing District. Item '12B RESOLUTION 87-39 RE APPOINTMENT TO THE SINGLE MEMBER DISTRICT STUDY COMMITTEE; MR. GENARO MARTINEZ - ADOPTED Chairman Hasse stated that two gentlemen have been suggested as .> . representatives of the minority language community in Collier County for the Single Member District Study Committee, however, one has indi- cated that he cannot servê at this time. Chairman Hasse s~~gested that th. Board consider appointment of Mr. Genaro Martinez of Immokaleè to this Committee. Tape 112 commissioner Goodnight moved, secon4e4 by commissioner pistor and carried '4/0 (commissioners saunders absent), that Resolution 87-39 :,,' ;.paqe 8 '" : J f". ' ',' :~ ; ',11' - - - FEBRUARY 17, 1987 appointinq Mr. Genaro Martinez of Immokalee to the sinqle Member District study Committee be adopted. ,11':' ('" ',~ .! , ,. ~OOK iOlp~(,t:596 /0{>. ., Page 49 ~~;, , J' ." 'f~ '~.,. .i:.'!,.l.'. ''''. < t~". ,'; ~ -,,~ ,~ ~'; ..'~ ' [1':;, I;"~ ';!. i."'.'.' t~'V' f:~ .. - .. , ~.OÞ, .,. FEBRUARY 17, 1987 ,'jtem fl2C ...... , ; ....:,.. . "'t,'-- -. COMMISSIONERS _GLASS AND = CONFERENCE - ~PPROVED Administr)tive Assistant to the Board Israelson stated that èdmmissioh~rs Glass and Goodnight have requested that they be GOODNIGHT TO ATTEND NATIONAL HURRICANE -, authorized to attend the National Hurricane Conference 'to be,h~ld.in , , April in Orlando. commissioner Pistor move4, seconded by Chairman Hasse and carried 4/0 (Commissioner Saunders absent), that Commissioners Glass an4 Goodni'1~t be authorized to attend the National Hurricane Conference, April 1 - 3, 1987" in orlan40, Flori4a. ***Commissioner Saun4ers returne4 to the meetinq at 3:40 p.m.*** Item U2D FURTHER DISCUSSION OF COUNTY WATER/SEWER DISTRICT SPECIAL ACT Mr. Ira Evans, Marco Island Resident, stated that the County's Water/Sewer District Special Act includes Marco Island and it should not. He stated that this agreement is not applicable to Marco Island because the district was formed as a taxing district. He stated that Marco Island Utilities has many agreements in existence. Mr. Evans advised that the whole issue could be resolved if the County would exclude Marco Island from this Special Act. Assistant County Attorney A~Jerson advised that the Special Act is designed to provide maximum flexibility for Collier County in the future. He stated that as it is written now, it does not apply to ,I Page 50 BDDK 101 pm 598 am 101 PAGt 59.9 FEBRUARY 17, 1987 Marco Island. He added that under existing law the County can combine l and/or consolidate any water district they choose. Commissioner Saunders stated that at some future time Marco Island may incorporate, howev~r, until that t, '~ene, Marco muet be treated the same as any other unincorporated area of the County. Assistant County Attorney Anderson stated that the Special Act specifically provides that no agreements are affected by this Act: and it is required that before the County can do anything with these districts, it must be advertised. *.. There being no further business for the Good of the County, the meeting was adjourned by Order of the Chair - Time: 4:00 P.M. BOARD OF COUNTY COMM1SSIONERS/ BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL ~AS~O~ ,\ 'ûll AÆ{í Ai'ìts:r. :~~ ()/' ..JAl'Œ$~.rs;nLr¿¡ CLERK ....:: ..."~7:~~..jv..( d _. ..? ._ _.l.: .,.... ,c. -:, ¡ò"ll.' .. "\.... ' : . '~,." j": ~ ...,?fH . ÍÌ.c. '",'1... (//(¿. óL, .".,~"" ~ , ' These minutes approved by the Board on , :",.,.., ",' ___.____n as presented ~ or a1'\ corrected J?7~/~/r//7 "- , "- , - - - Page 51 ~.,-"""..,.." ,,,,-,.,".",","""""~'-"'''''''"--' ,,,.--~-"...,.,..._..._,......,,.,><....._-,.- ""~,--,---