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BCC Minutes 02/03/1987 R .. .. .. Naples, Florida, February 3, 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 Jnd 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 members present: CHAIRMAN: Max A. Hasse, Jr. VICE-CHAIRMAN: Arnold Lee Glass ... John A. Pistor Anne Goodnight Burt L. Saunders 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; Tom Crandall, Utilities Administrator: George Archibald, Public Works Administrator: Anne McKim, Planning/Zoning Director; David Weeks, Planner: Mike McNees, Utility Division Business Administrative Director: John Madajewski, Utilities Engineering Director; Nancy Israelson, Administrative Assistant to the Board; and Deputy Chief Ray Barnett, Sheriff's Department. Page 1 &OOK 101plQ214 ;',\;',f . , ,\ :,; ¡ <,.......,_.,..,""-_...;.._..._-"~----;-"._,.....,"""","-.,""" , .~. /. ., ./ : i..." . \, ; .'I~ F . ~./: , .:;: ~' ~ , ; . , ," IOOX 1011'1';[ 219 ',' ¡ ~ I" t, , . , ',1: i ¡ t ~ ," ,... I' j '. " .' February 3, 1987 Tape f1 Item f3 AGENDA AND CONSENT AGENDA - APPROVED WITH CHANGES Commissioner Goodnight moved, seoonded by Commissioner Saunders and oarried unanimously, that the Agenda and Consent Agenda be approved with the following chanqesl Items l2A , 12B - County Manager L\>~,· requested that these items be heard at 10:00 ".m. Item '9Cl - Continued to February 17, 1987 (staff request) Item '9C2 - Update for discussion. Continued to February 24, 1987 (Chairman Hasse request) Item '12F - Discussion of Continuance of Petition AV86-019, Laurel Oak Drive (Commissioner Saunders request) _ Added Item 14 MINUTES OF JANUARY 20, 1987 - APPROVED AS PRESENTED Commissioner pistor moved, seconded by Commissioner Goodnight and oarried unanimously, that the minutes of January 20, 1987 be approved as pre.ented. ..' Item '5A MARY JO THURSTON RECOGNIZED AS EMPLOYEE OF THB MONTH - FEBRUARY, 1987 Chairman Hasse presented "E~ployee of the Month" Award for February, 1987 to Mary Jo Thurston, Utilities Department. Item '5B EMPLOYEE SERVICE AWARDS (PERSONNEL) Chairman Hasse presented Employee Service Awards to the fOllowing employees , .)1 ¡.. ;".i , ;~. :.'. )", ~ð9~ 2 .j' " . ¡ or.. ! :) :'i ! :.1 ,··"t '.. " . . . . \, i ; ~'\ í' .. - - ú ¡' n'~_ ,.,,,,,..,,"',,,,,,,..._..,-_...._,-,-",""'"'_......,,-..........,,,,..., ",....~'.",.._,;'"-,"",.."-.",.",."'''' .. .. .. February 3, 1987 Vincent Doerr Polly Currie Item UBl Ochopee Fire Control Social Services lO years 5 years ORDINANCE 87-3, RE PETITION R-86-26C, LANDCOM, INC., REQUESTING REZONE FROM RHF-6 TO PUD ~NOWN AS CYPRESS GREEN APARTMENTS - ADOPTED 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 hearir.g was opened to consider Petition R-86-26C changing the zoning classification from 1MF-6 to PUD known as Cypress Green Apartments. Planner Weeks explained that the property is located in Immoka1ee approximately 100 yards south of Lake Trafford Road. He stated that to'the north is a laundromat, car wash and vacant ~roper~y; to the . .. east, across North l8th Street, is a developed single-family sub- division; to the south is undGveloped property and a developed mobile home rental park; and to the west, across North 19th Street, is a single-family home and a developed mobile home rental park. Mr. Weeks stated that Staff finds the petition to be in compliance with the Comprehensive Plan and has no objections subject to stipula- tions. He noted that the PUD Document has been amended to comply with those stipulations. Mr. Weeks pointed out that the Collier County Planning Commission added two stipulations: 1) limit the number of rental units to 40; and 2) notarized letter of commitment to rezone the 20 foot strip of land created along the north property line. He Page 3 800K~.ol ~ 220 7.""..........____""_._......._....-._.__....____, ..",...,-_......_----"--.,,..,.,., lOOK 101 PJr,[ 221 ~ í ";, ¡ \: . February 3, 1987 1/ stated that the letter of commitment has been submitted and the rezoning process has commenced. " Mr. Weeks stated that at the CCPC hearing, the petitioner mista- kenly stated that a funding change had reduced this project to 40 units and the CCPC placed the number of units in their stipulations. He stated that the actual number of units which can be constructed with the petitioner's present funding' 42 units. He requested that the Board of County Commissioners stipul~te the number of units at 42. In answer to Commissioner Glass, Mr. Harold O'Steen, representing the petitioner, stated that they have obtained funding from the Farmers Home Administration. Commissioner Glass moved, seconded by commissioner Goodnight and carried unanimously, that th~ public hearing be closed. Commissioner Goodnight moved, seconded by Commissioner Pistor and carried unanimo~sly, that Ordinance 87-3, as numbered ~~d titled below be adopted sUbJect to the amendment of the PUD and entered into Ordinance Book No. 25: ORDINANCE 87-3 AN ORDINANCE AMENDING ORDINANCE 82-2 THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE ZONING ATLAS MAP NUMBER 46-29-9 BY CHANGING THE ZONING CLASSIFICA- TION OF THE HEREIN DESCRIBED REAL PROPERTY FROM RMF-6 TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS CYPRESS GREEN APARTMENTS FOR 42 MULTI-FAMILY RENTAL DWELLING UNITS LOCATED ON THE WEST SIDE OF NORTH 18TH STREET, APPROX- IMATELY 1/2 MILE NORTH OF IMMOKALEE DRIVE IN SECTION 32, TOWNSHIP 46 SOUTH, RANGE 29 EAST; AND PROVIDING AN EFFECTIVE DATE. t ! Page 4 r'!; ,l J ,'I~; .. - - "4V"~'"",",'__"""'''___''_,."",,,.., .. .. .. \ ¡.....' .' ..:~...'." " . . ". '~' il.< " ~'.'. . I,i" r ~: fl> :1..··.,.' ~.,_. {ti" .' February 3, 1987 Itom UCl RESOLUTION 87-24, RE PETITION AV-86-018, REQUESTING THE VACATION OF UTILITY EASEMENTS FOR PELICAN RIDGE CONDOMINIUM AND ACCEPTANCE OF REPLACEMENT EASEMENTS - ADOPTED Legal notice having been published in the Naples Daily News on January 11, 1987, as ev:denced by Affið' 'it of Publication filed with the Clerk, public hearing was opened to consider Petition AV-86-018 requesting the vacation of utility easements for Pelican Ridge Condominium and 'acceptance of replacement easements. Public Works Administrator Archibald stated that this petition was continued from January 27, 1987, for the vacation of , utility easements in part of the Pine Ridge Subdivision. Mr. Archibald circulated a small drawing depicting the roadway around the project and project .. ~. . . location. He stated that the request for vacation is for the single purpose of revising some water and sewer lines. Referring to an exhi- bit, Mr. Archibald showed the two parcels prop~sed for vacation and the areas proposed for replacement of those easements. In answer to Chairman Hasse, Attorney Kathy Passidomo, repre- senting the petitioner, stated that her understanding is that certain trees had been cleared and there seems to be a discrepancy between Staff and the petitioner as to the size of those trees. Stle stated that the petitioner has now retained a new Landscape Flanner who is in the process of re-doing the entire project for such things as buffers, etc. She stated that the petitioner is also concerned for the neigh- í ~ . ; &ODK 101 p,,<:[ 222 ' Page 5 ~.',> {I , ' . ' "..."~."..,,"",.,..~~...._,~'""'"'-;,......,,..._---'- Februðry 3, 1987 ~, ~ bora. Chðirmðn Hasse stated that the Commiseion is concerned ðbout anything which impacts the neighbors of any development. Replying to Commissioner Pistor, Mrs. passidomo stated thðt the replacement easements will contain ingress/egress, cðble, and all other underground utilities. Soe stated that the proposed replacement areas are all common areas. In ðnswer to Commissioner GlðSS, ~1anning/Zoning Director McKim stðted that this project hðd ð site de,- lopment plan ðpproved in 1984 and since that time the petitioner is attempting to amend the plan. She stated that this exact plan has not gone through the revised pro- cedure for a site development plan as yet. She noted that the process is exactly the same as for the original site development plan. Commissioner Glass stated that the people who surround this deve- lopment have asked for some protection. He stated thex.bought in thðt neighborhood because it is very heavily treed and there is also a stark difference between multi-family housing and the single-fðmi1y estates in that area. Mrs. McKim stated that through the ~ite development plan process the Zoning Department can work very cioselY with the Natural Resources Management Department. She stated that NRMD is in the process of citing the developer and working out mitigation for the clearing of the trees. She noted that the buffer areas is where ~ great deal of the mitigetion will occur and may work to the benefit of everyone. j :' ,!," I f (~'I,: ~., Page 6 .J' ../.. .. - - ·,.,.,,.,,.__....,;_,_....___,,,....."',""',,.<,.Y'"",,,".w..···, .. .. .. February 3, 1987 She noted that NRMD uses mitigation whenever possible as opposed to taking the developer to court. Mrs. passidomo stated that the petitioner has no intention of working against the neighbors and will work closely with the County Staff, since that has always been the petitioner's intention. Mrs. Mary Mulvaney stated that she is the neighbor directly to the east of this project and she finds it \f, :y interesting that the sewers are in place und to her knowledge, the Board of County Commissioners has not granted the vacation of the easements. She stated that the road and parking lot will be 5 feet from her property line and asked if this is not illegal, are there moral and ethical 'considerations for the neighbors right of privacy? She also noted that the Pelican Ridge project has a property elevation 4 feet higher thary her property, and ."" said she is very concerned about drainage. Mrs. McKim reiterated that through the site development plan pro- cess the Staff will be reviewing the design and a buffer will be required. Utilities Engineering Director Madajewski stated the first phase of Pelican Ridge, which is the west area, has been totally reviewed and approved by the Utilities Division. When Phase I was built, the water and sewer lines extended just into Phase II for connection pur- poses. He stated that one of the reasons this project has taken so long, is that the Utilities Division was the main objector. He noted Page 7 &OOK 101 w,~ 224 -~-_._--_.- ~._-_.- --"- ~ '. <,,',",.""''''','-,'';-_._''"._-''''--"--'''~~-, ",-^~-";,._,,,...._,._-"'" ~" fl~':-~': ;i'~ " ,'\ë;i 't~~" ¡:.I~" ~, '~'): .~, '" ",~ \ .~ .. .. .. February 3, 1987 .' t'; :., the following stipulations I ":0- /_ replacement easements for Pelican Ridqe Condominium be adopted with t, ' ~:. ; ~~~ ,~~~': '1," "! ,;f~ ,..',..-' ~ ~, f t:":: ~1 ...... r'P" 'M 1:': '::J '.' ~ '7 ~) t..:' Q. 1. site plan review will require an increased buffer alonq the entire eastern side o! the property, abutting Cassena Road. 2. consideration be qiven to a landsoapinq berm to !urther retain runo!! . '. , !: ')j , :' j .~ ( ,~ .;!. ~'" 't . 'I' ' " , ". ~' : ," 1 -' . .,. I : ~ ,,' , { " , . . t~:~ E, - ¡ ,'.: \, .,:, " .... ; I 1 ".' . 4 '. ,.. ,- , , ':;-; ',I' :. I)' '.~ .' : ,. ; ,~ r J J " f: ~-_ ~. ~ : ";;ri t, I) t ¡ ~J. paqe 9 &OO~ 101~~o ] (, , "U " \ \~ t , , . . ,¡ ~. ~ ..I" 10,'/ " is __IiIi>_'" ._.,.__",_,,__"_.'·>·4~M""'~'";.., I:J - \:> ~',i~ ~ (:) c, r:: : .:l w .;{y. ~f# '¡a '" ;)&. \.f}: 'if (¡Ii,:, "'.... ',...,,' 'j-' ",~ , í;"' " "I 7't' ~~ :.' ~ I' " -I ~ ~ ~ ' "~I,·· ,,\ . i .'" 101m!2U February 3, 1981 Item '7Al RESOLUTION 87-25, RE PETITION V-aS-15, MR. , MRS. EARL BRANDON' REQUESTING VARIANCE FROM PXQUIRED REAR YARD SETBACK - ADOPTED Legal notice having been published in the Naples Daily News on January 18, 1987, as evidenced by Affi~avit of Publication filed with the Clerk, public hearing was opened t" .onsider Petition V-86-lS requesting a 6 foot variance from the required rear yard setback. Planner Weeks stated that this variance is being requested to allow an existing structure to remain at its present location and allow for a building addition. He stated that the property is located on the east side of South Barfield Drive approximately l50 feet north of Winterberry Drive on Marco Island. He advised that the lot exceeds . the minimum lot width and area requirements for its RSF-3 zoning district and meets tne front and side setback requirements. Mr. Weeks stated that the existing structure encroaches on the ..' rear yard setback by 5 feet 9 inches and the ploposed addition to the structure will also encroach into the rear yard setback by 5 feet 9 ~ ., " ,t :. in~hes; ,. 1 ' . ,~, I ~ ¡'J . [ ~ t~ II ¡ : r.' I ~ ;"Mr. toIeeks ~dvised that the petitioner purchased the property and existing,structure in 1983 and was unaware of the encroachment unt~l , oné year ago when he applied for a building permit. He reported that Staff Is unable to determine if a building permit was obtained in 1983. Mr. Weeks stated that Staff finds no land or structure hardship exists based on the criteria of the zoning Ordinance and recommends .J:¡ ;.HI :::1 ,l!' f \:;, ' IHi,; ; lH[~' r lIH,I't. J W, IF r lH:- >1\"1 ) .: ., ,..,:,;;1 ;1 , : I .' '. \ ~ <, Page 10 . . ~ ~: ~ : ì 1 t I , ...~ .. I',:, ,; ; t ¡.'. I <,; ;':L~'f\ ! ,¡ '.1' ¡ ~ 'I I:: LI! C. 'j i i i·! ¡ .. " ;r . ,( è,¡ ;': ' , . . , . ~ ¡ ,J ,,' Il, :. . ¡ H: : of :.. t .1 h ~ ~ ' . ~ '" ,HiliH, "', ,ii,,' t,'. t ./.. í ,'~ ¡ E I .. " ~r.' t.! [ l .. - - ....,....-,"'~..... u., -"'-'--"""'-'~'-"'-'''._-''''''''''''''",...,.~~." ., '",''' '" - .. .. .. February 3, 1987 denial of the petition. Mr. Weeks added that Staff does feel that somewhat of a hardship exists, but not as set forth in the Zoning Ordinance. Mr. Earl Brandon, Petitioner, stateL' '.hat he bought the house in 1983 and since that time has been making improvements. He stated-that the last improvement, which is desperately needed, is the addition on the back of the house. He stated that he was advised about the encroachment by· his contractor. He sta~ed that the neighbors do not object and it will not interfere with anyone's present view. Mr. Richard Haberlin, Haberlin Construction, advised that even if the back of the house is straightened out there will still be 50 feet between the two houses, which, in essence, meets the requirements of . .. 25 feet for each. Mr. Haberlin presented the Board with a picture of the property and a copy of the plans for the addition. Comm~ssioner Glass commended Mr. Haberlin for pointing out a situation about which most people would have remained silent. Commissioner Saunders stated that the Commission has taken a hard stand on dealing with variances. He noted that although it has been pointed out that the situation will actually enhance the house and the neighborhood, it is still inconsistent with policy. He stated that he is inclined to allow the existing structure because the situation is unique, however he has some problem with allowing the addition to be constructed. ; i Page 11 &ODK 10rw~242 ~ 1{}l1'~~·(Z43 \) .. February 3, 1987 In answer to Commissioner pistor, Mr. Haberlin advised that the house in on the low side of a rise on an inlet drive and the house actually sits into the incline. He stated that the house in back of Mr. Brandon's sits higher than the house in question. Commissioner Glass moved, seconded by Commissioner Saunders and oarried unanimously, that the publio ht~rinq be closed. Commissioner Glass moved, seconded ij Commissioner Goodnight and carried 3/2 (Commissioners Hasse and Saunders opposing), that Resolution 87-25, re Petition V-86-15, Mr. , Mrs. Earl Brandon requesting a 6 foot varianoe from the required rear yard setback be adopted with the stipulation that the petitioner apply for an after- the-faot building permit. 'I, I, .f :" Of .. . ¡...., "jj ; ( -:" t'.!', ¡ I· ,I:. "I ¡ \,;:' , Page 12 ¡., ./, - - - ,""w<_,,,~,"';.-';;',____,,,,",,,,,,,"",,"", ..,.....~."'..","...____""""-",...~.,__';_"M""...·__,'~"'._~"._"_,,,,,,,,,,,,,.,~,,,....,,,,..,.~'<._ ....,! ) .) .; 'February 3,.'1987 Item UDl STAFF AUTHORIZED TO DEVELOP AND EVALUATE REQUEST FOR PROPOSALS FOR AN ARCHITECTURAL FIRM TO DESIGN A FREIGHT/PASSENGER ELEVATOR FOR BUILDING "I''' - APPROVED Public Works Administrator Archibald stated that when the County's main administrative building was expanded to eight floors the two passenger elevators became inadequate. He stated that hundreds of employees and citizens are being moved daily on the two small passenger elevators. ~1r. Archibald stated that a freight/passenger elevator is needed for Building "F". Mr. Archibald requested that Staff ~e authorized to request propo- sals from architects to design a freight/passenger elevator, Public Works Department to review the proposals and submit them to the Board of County Commissioners. I I In answer to Chairman Hasse, Mr. Archibald stated that Staff has discussed the possibility of having the elevator companies prepare the i design, however, from a construction standpoint, there will be needed I , . modifications to the þuilding, requiring an architect.... Facilities Manager Camp advised that it has been determined that a stairwell may not be used for an elevator due to the Fire Code. He stated that an architect will have to determine the best location to '.'''t t ,q. placeithe elevator.' ! ~, ! , Ió answer ·to ,CommÌl!!sioner Glass, Mt'~Archibald stated that the : I actua; fJnding would be included in a spread sheet of the Capital .. ! 1 , ,_ < , ...~~ ,.-~ .,..---.,...-...-.."...... - ..------,~_..... ;Jo,_...._.~ -I ~ .. - - )':V---- ,--.,- ( .. :,r' , r .·~i .~ .~ .:~_. r, ~ !' .I)~' t '~j''¡: '. ,;t¡.', , < , .. .. , '.-!,-" , .,/ February 3, 1987 Improvement Fund in the upcoming budget. Commissioner Pistor moved, seconded by Cor-missioner Goodniqht and oarried unanimously, that that Staff be authorized to develop and eva- luate Request for Proposals for an Architeot to design a freight- passenqer elevator for Building "F". Item UB2 STAFP AUTHORIZED TO RECEIVE BIDS FOR C~"3TRUCTION OF 7 ADDITIONAL CANAL ACCESS RAMPS IN THE GOLDEN GATB CANAL SYSTEM Public Works Administrator Archibald stated that Staff is pro- posing that 7 additional ramps be constructed in the Golden Gate Canal System. He stated the purpose of the ramps is for launching of air- boats and mechanical weed harvesters used by the County Water Management Depar~ment in the control of noxious aquatic plants. He advised that the ramps will be located as follows: 2 ramps in Golden Gate City: 2 ramps north of Golden Gate City; and 3 ramps in Golden Gate Estates near Golden Gate Blvd. commissioner Pistor move4, secon4ed by commissioner Glass and carried unanimously, that Staff be authorized to receive bids for 7 additional access ramps in the Golden Gate Canal system and $25,000 be transferred within Fund 301 to cover the estimated oost of oonstruction. Item UB3 BID 86-1059 FOR SIX FLEET OPERATIONS VEHICLES - AWARDED TO BOB TAYLOR CHEVROLET IN, THE AMOUNT OF $59,994.00 Legal notice having been published in the Naples Daily News on December 5, 1986, as evidenced by Affidavit of Publication filed with Page 14 &OOK 101 "r,~ 248 i \, :~ ~ t ~ ~ .. " ;.~ ,; , ,w...,·___.....>,_,;,,""."',·_.......,__...·· .X :. '_"'"_"'""_'.~'''''_'.·.H''_'''''''''' ,101 ~<:r249 " .,' i . : /. February 3, 1987 the Clerk, public hearing was opened to consider Bid '86-l059 for six Fleet Operations Vehicles. Public Works Administrator Archibald explained that on January'20, 1987, the Board of County Commissione[~ directed Staff to look at each needed vehicle relative to the applical'on of either an intermediate ,or compact size vehicle. He stated that an analysis was made of the 'proper vehicle for each use. He advised that two of the cars are for Fleet Management, 2 are for, Building Code Compliance, 1 for the Zoning Department and 1 for the Agriculture Department. Mr. Archibald advised that the analysis took into consideration the actual use of th~ vehicles, whether a person would be in the car for long hours during the day, the number of people to typically tra- vel in each vehicle, and what equipment would be used and stored in the car. He stated that the initial cost, operating cost, service cost and salvage value was studied for each type of vehicle. .. . Mr. Archibaid stated that from a total cost standpoint, the com- pact car was cheaper. He said that when the functional use analysis was made, it was concluded that based on the time frame of use, advan- tages of size, and a lðt of considerations relative to use, Staff has concluded that the intermediate size vehicle with 4 cylinder engines will best suit the departmental needs identified. Mr. Archibald recommended spending more for the initial purchase, but said that over the life of the vehicle there will be returns in T ¡, . ~ L 1 ' . I ili-· ,'I' ;. ; , ¡ ~',,~:: 11 ~ I ! ....¡.. '. ¡ .'.'~'¡';, J '.' <_ r f) :,'., J . ~C,,",·¡:' rrtllf. '1:''.1 Page lS . f' i, q."'l \. ~ ~ . \ oJ \ - - - -~,~,._,....._~""",'."'",,"'----'-----"~'" "'" ., February 3, 1987 addition to the use of the car. In answer to Commissioner Glass, Mr. Archibald stated that the salvage value was determined by ~rojecting the value of the vehicle after two years from the NADA Book and then prorated the remaining four yea.s. Commissioner Glass stated that he does not agree with the salvage values used, however, he is in agreement with the balance of the analysis. commissioner Glass moved, seconded by Commissioner pistor and carried unanimously, that Bid 815-1059 ;". awarded to Bob Taylor Chevrolet for six 1987 celebrity 4 oylin~er, 4 ~oor sedans, in the amount of $59,994.00. '1'ape '3 Item UB4 . .. COVENANTS HADE BY RIDGEPORT PLAZ~ ASSOCIATES LTD. PAR'l'NERSHIP LIMITING PERMISSIBLE USE '1'0 STORHWÄTER DRAINAGE AND RETENTION - ACCEPTED Public Works Administrator Archibald stated that Ridgeport Plaza is located on the corner of Airport and Pine Ridge Roads. He said that as a result of a change in ownership the development had to sub- mit revised water management plans and certain portions of the pro- pertyhad to be designated exclusively for water retention and water detention. " , I ~ ,,:,' Mr. Archibald stated that this covenant was necessary.;t?"i\'1~ure( that the portions of property designated will always, remain for the exclusive use of water management. He recommended that the covenants : ì"', ! .. I'·j!. i... ¡":1 r· ~; ~,'. ' Page 16 ~oox 101~'~,f250 .; ...--"""'"' ..,.".""..","...,..'"",".'.;.;,~,*"".,..";. '. , , ..,.. '1/ .( ~ .",..",.,~"~,...""",,,<>,,,,,~,_,·,..'m~.+"_'_'_"'·'''~_''·_·.'_.._ .ODI( 101,m 251 , . \' J 'j February 3, 1987 be executed and recorded in the public records of Collier County. commissioner Goodnight moved, seconded by Commissioner Pistor and carried. unanimously, that the Covenants made and entered into by Ridgeport Plaza Associates Limited Partnership in favor of Collier County assurinq and limiting the permissible use of oertain portions of Ridgeport Plaza Shopping Center to stormwater drainage and retention be accepted, executed, and reoorded in the Public Records of Collier County. , .' ',,' , I:' , . '!1t·:<}: ~ '~.:<.' ';" '. ¡. Gr;<\~~~;:/;·~:. '. ,I I' p/\ ;. ;:.: '~~.;;J l' ·"·'-I~,.~·J~.¡¡';~ì :~:~~',:>r:.'.~.F~: j',U" .:.ti..:.~ >::.¡~~:!{l r~ :-'r¡Jl.l r~:r:' :r f ~',';~ .. 0 ~tt0 '~j ~. $lf;:O£f¡;,. {.: (J.~ ,)':} f' c;! ',,-, ~ '". t J,,' ."'. " '1 J !_¡ :!. ~ r í1 r v ,~ (;,. . : ~ (" :', r~ " ~" t-.~ ¿ -,J~: .~. J :\ I . l ; , ~ ~ It ¡; . t'¡: ~ I, <. ~ '~' '. ',¡ --"\; . (¡¡ , ,(.' : í: I '- ~ ¡,"; '~ I :' ¡ ¡¡ Ir r 'f Page 17 .. .. .. ._"-~,~--"''''_...--..-_..,.. '~''''.''~'''-''-''''. ~ -. - February 3, 1987 ***** RECESSED AT 10:03 A.M. RECONVENED AT 10116 A.M.***** Item U2A RESOLUTI~N EXPRESSING INTENT OF THE BOARD OP COUNTY COMMISSIONERS TO AMEND ORDINANCE 84-44, COMMONLY KNOWN AS THE COUNTY MANAGER ORDINANCE - DENIED Commis~ioner Saunders stated that the proposed amendments to Ordinance 84-44, were contained in the ~~ard's agenda package and deal with two areas: 1) streamlining the pr~ ~dure for 'dismissal of the County Manager with a vote of 3/5 or majority, rðth~r than 4/5, in a two hearing process: one to express intent of dismissal and the other no less than l5 days nor more than 40 days later for the action; and 2) an amendme~t to Section V which will allow for this Ordinance to be amended in the normal procedure for amending Ordinances. Commissioner Saun(.ers moved that the Resolution expressing the intent of the Board of County commissioners to &mend Ordinance 84-44 be adopted. County Attorney Cuyler pointed out that on the bottom of the Resolution expressing the intent of the Board to amend there was a specific date of February 24 inserted. He said that since this item was continued for two weeks this date has to be either stricken or continued for two weeks. At the request of Commissioner Saunders, County Attorney Cuyler stated tha~ the purpose of this Resolution is to provide sufficient notice to Mr. Lusk or any other concerned party. He stated that in Page 18 i',' . . "\ &OoX 101 W,[ 256 '···"H'~""·'·''''''''''-'''_'''''' 1 I', ¡~:','." ¡l' . ,;,..tt 101",,251 J~., :, '...'..,\ I ,". ~ ,.' ., .~, . February 3, 1987 his opinion there has been sufficient notice for this Resolution expressing the intent to amend. He stated that t~is item is not an actual amendment that is being adopted today, but a notice to give the general public notice that there is an intent to amend the Ordinance at a future date and that date needs to be no sooner than 30 days. He suggested that the date be left blank and no sooner than 30 days nor longer than 45 days, which is what the Ordinance provides. commissioner Saunders amended his 1>,> :.ion to inolude striking the Pebruary 24, 1987 date from the Resolution as recommended by the County Attorney. Mrs. Bettie Gulacsik, President of the League of Women Voters of Collier County, stated that the Leagué opposes the dismantling of Ordinance 84-44 by the proposed resolution ðnd supports measures legislating greater Home Rule for local County government with par- ticular emphasi~ on a stronger role for the County Man~ger. Mr. George Keller, Collier County Civic Federation, stated that the Federation believes Collier County needs a strong County Manager, however, a majority is needed to hire a County Manager and a majority is all that should be needed to fire a County Manager. He stated the Federation's support of the proposed resolution. Attorney Ed Foreman, representing County Manager Lusk, pointed out that the Board has a resolution of intent that is required to be advertised on a public agenda. He stated that if the Board attempts to Page 19 ,~~ .. - - _"..._,,,.,,,,;.,_,,,,"""'_._"'_'"""'O~'~ ..._,,,,_·",,_,~·.;,.,,,,,,,,o·", .. .. - February 3, 19B7 pass this resolution on a 3/5 vote, they are violating their own Ordinance and polarizing everyone to various corners of litigation. Commissioner Saunders requested County Attorney Cuyler to ela- borate on whether the Board can change wording in documents, resolu- tions, ordinances, etc, at hearings. County Attorney Cuyler stated ther~ 1rc numerous items, ordinan- ces, resolutions that are advertised for considerations and there are changes made t6 those at the hearing. ~e stated that this resolution is not an actual amendment to the Ordinance, but..merely the notice that is provided to the public to let them know what is happening, and if they are interested they are listening, watching T.V., or are here today and this i.s.. the time for the consideration. ,He stated his opi- nion that if the Board strikes the February 24, 1987, date the remaining language is consistent with what the Ordinance requires. Mr. Foreman stated that it is his opinion that this resolution of intent is for the purpose of the public knowing when this hearing is and not Mr. Lusk. He stated that date has been published as part of a regular agenda. Mr. Cuyler stated that this item was continued by the Board two weeks ago: this specific date was not continued: that he and Commissioner Saunders hava not conferred on this and he brought this up t~is morning: they did not change an agenda and the Board has the opportunity to do that this morning. County Manager Lusk stated that he is a professional manager and J' Page 20 ~DtlK 101 ~Jçr 258 1,.<./ , , n· 'i, d ¡OOX 101pl~,r259 " February 3, 1987 has been for the past 10 years. He said he is a Member of the International City Managers' Association, serves on the Board of DirectoFs of the Florida City/County Manager Association; and believes in the code of ethics of that profession. He stated that he does not recommend changing an Ordinance which created professional management in this County simply to accomplish f; tng Don Lusk. He stated that he hopes the Board can see further than dealing with Don Lusk and will try to keep professional management in Collier County. Mr. Foreman reminded the Board that the Ordinance currently under discussion was approved as to form, content and legality by Commissioner Saunders while still employed as the County Attorney. He stated that if the Board ame~ds this Ordinance properly by a 4/5 vote, there is little which can be done about the action, however, if a 3/5 vote is used, a gre~t deal could be done. Commissione~ Saunders further amended his motion ~9.state that a County Manager may be dismissed immediately by an affirmative vote of not less than 4/5 of the entire membership of the Boarð. commissioner Glass seconded the motion. In answer to Chairman Hasse, Commissioner Glass clarified the addi- tion to the motion by stating the 3/5 vote with the proper notifica- tion and hearings, but if 4/5 or more of the Board of County Commissioners decides they are unsatisfied, they may immediately ter- minate the employment of a manager. ( :; !.'~, . ! Page 21 '~ . , A' . ~..r, .. - - ,__<"",ö__,,,,>__,,,,___·",,,,,e h'_""~,~ ".......""'_"_,,""._...o;,_..,.,,~"""""'~'","-,,.,,^.'" .~~~..- -~ - - February 3, 1987 Upon oall for the ~uestion, the motion failed 3/2 with Commissioners pistor and Goodniqht opposing. In answer to Commissioner Saunders, County Attorney Cuyler stated that the motion fails in accordance with Ordinance 84-44. Item 1129 RESOLUTION ZXPRESSING INTENT OF BOARD OF COUNTY COHHISØIONERS TO DISMISS COUNTY MANAGER DONALD B. LUS~, WITHOUT CAUSE, PURSUANT TO ORDINANCE 84-44 - DENIED commissioner Saunders moved, seconred by Commissioner Olass, that the resolution expressing the intent of (he Board of County Commissioners to terminate the employment of County ~anaqer Donald B. Lusk, without cause, pursuant to seotion 3, Collier County Ordinance 84-44 be adopted. . ,. Mr. George Keller, Collier County Civic Federation, stated that possibly some of the actions taken by Mr. Lusk in the past were origi- nated by one or two f~rmer County Commissioners who felt they knew more about running County Government than the Manager. He proposed that Mr. Lusk may have been pushed to make decisions that he would not ordinarily have made himself. He noted that he would not like to s~e a situation in Collier County where there would be no County Manager for 6 months. He requested that specific reasons be stated as to why it is felt he is not doing his job properly. Mr. Dick Braun, resident of Collier County, suggested that the Commission fire Mr. Lusk. (' .¡ . Page 22 !DOK 101 ~r,! 200 \'~;::~ ~ . t ~ ! . ~ j li ¿ , .y,o, ¿ ~~··w··..;·.;"·,"..",,.,_._,__"H""e.~·~'''"H''". " ~ ;" '~. 1 ' lOin<:! 261 '. Febru8ry 3, 1987 ;[:) '."'['j, ,)' .!} Tape f4 Attorney Ed Foreman, representing County Man~ger Lusk, st8ted that Ordinan~e 84-44 was designed to give the County a certain 8mount of continuity 8nd Mr. Lusk is not running for office or a popu18rity vote. He reminded the Commission that Mr. Lusk's last employment eV8- luation, which was signed by Chairman H8sse, was excellent. Mr. Foreman st8ted that it is unf8ir to cr,l,ticize Mr. Lusk on m8tters over which the Commissioners have control. stated that Mr. Lusk is a strong personality and that he h8s done a good job for Collier County and can continue to do a good jOb for the County. He requested the new Commissioners give Mr. Lusk a chance to work with them as opposed to criticizing on matters which took place before they were Commissioners. Mr. Foreman compar.ed the commissioned study on management to a financial audit~ He pointed out that auditors note thjogsin their ,'. , .. narrative report which need correcting and are meant 8S constructive criticism. He stated that when reports like this are commissioned 'it is their job to point out faults so they may be corrected. He also noted th8t if the University Study had said that there were no deficiencies and everything was excellent, they would not have been doing their job. Upon roll call, the vote wasi Commissioner Saunders commissioner Glasa Commissioner pistor Commissioner Goodnight Commissioner Hasse Aye Aye Nay Nay Aye ; I P8ge 23 " . " ."'/. .. - - ,,' " ~"L 'I~; i",-~. , ··,ff '; "W{,'-"¡ , ~¡, ?': 1.(;' ~ '. ·1' ; - - - February 3, 1987 County Attorney Cuyler stated that the Resolution fails 3/2 pur- suant to the terms of Ordinance 84-44. Item UC2 BEACH FEE POLICIES - CONTINUED TO FEBRl.~,·,Y 24, 1987 Public Services Administrator O'Donnell stated that it is recom- mended that fees be initiated for beach operations to control the use of the facility and assist in off-setting the cost of the County Parks, as well ~s project an image of fiscal responsibility. He said that the collection of fees will provide a fundi~g mechanism for future facility improvements. He advised that it is recommended that the revenue from the beach fees be placed in an account for beach improvements with lOt to be used for indigent part~cipation in ." recreation programs and special events. Mr. O'Donnell stated that it is proposed to have three facility categories: l) a beach with improved beach facilities including rest rooms, concessions, improved parking, rentals, and other support faci- lities and amenities: 2) a beach area with' improved parking facili- ties: and 3) a County beach access only; no parking. In answer to Commissioner Pistor, Mr. O'Donnell stated that both per person and per vehicle charges are proposed. Replying to Commissioner Saunders, Mr. O'Donnell stated that it is estimated that fees will generate $88,000 over a 12 month period with a $48,000 ini- tial equipment start-up,cost. He noted that some beaches have r.OoK 1011'~-;r262 . Page 24 .'1.:_. .~ r ; , ~ ' ¡ " II' , );. ,0) ._-_.~,.__.,_...~,." " 101 r;\';! 2G3 February 3, 1987 staffing in placp. and the remaining beaches will have a gate system i i: , .. ( 'J installed. Commissioner Saunders requested Mr. O'Donnell to submit costs vs. income for the past year and projections of cost VB. income on the pro- posal with such information as the cost of maintaining meters and replacing when vandalized. In response to Commissioner Glass, " '. 0' Donnell stated that the County Attorney's Office has advised that the fees cannot differen- tiate between residents and non-residents of Collier County due to State funding. Mr, O'Donnell advised that a temporary pass system has been developed for visitors. Commissioner Glass stated that Wiggins Pass State Park is a prime example of how this system does not work. Chairman Hasse stated that the Board needs to study this proposal very carefully. Mr. Scott McQuillin, member of the Parks & Recrea~ion Advisory Board, stated that they are not enthusiastic about charging people to use the beaches, however, the fundamental issue is whether to use revenue from natural resources to support programs which people generate, such as basketball. He stated that if explained to the public in the proper way, they will be agreeable. Tape'5 (No tape available due to malfunotioning tape) The following people spoke in opposition to the beach fee propo- sal: Mr. James Cady, Mr. Mike Zewalk, Mr. Gene Hunter, and Mr. George Page 25 ¡" ' ..,; .~.-. - ~ - ____·"·,,,,;,.,,··,."'..·00_""'""__...........-·..·....,,·,,_·~_"_·_'·'~__..'",~ ."'-'"'---...--.'''..'''''''...-.. - - .. February 3, 1987 Keller. County Manager Lusk stated that when Staff presents this type of proposal they are looking at a revenue issue. He stated that the opposi~ion heard will again be heard in September with reference to taxes. He noted that the monies must be generated and however the Board decides to do that, whether with fees or within the property taxes, they will hear opposition. Thi~ '~em was continued to February 24, 1987 by consensus. C ' Item UC3 GOLDEN GATE COMMUNITY PARK TO BE DEDICATED ON FEBRUARY 10, 1987 Public Services Administrator O'Donnell stated ,that ~he Golden . ,. Gate Community Park will be ready for public use on February 10, 1987. He stated that the new park facilities include: two softball/little league fields; four racquetball courts; four tennis courts; two basketball/volleyball courts: approximately 180 parking spaces; a field control center: a racquet control center; ð children's play area: and an open play area. Commissioner Goodnight moved, secondeð by commissioner Glass anð carried unanimously, that the Golden Gate Community Park be dedicated and a Grand Openinq be held on February 10, 1987 at 3:00 p.m. . ;:f . , tOOK 101 ~r,! 264 Page 26 tD~Ä .J::: " ~, '~ .) " "t" ---.----,.,......-'" :Ë~,:. ~,"",', ",,;t il; , if~~' , ~r 101M 265 ,. ,~: Item fSlDl ¡, February 3, 1987 RESOLUTION 87-26/CWS 87-2 CREATING THE DAVIS BLVD. WATER IMPROVEMENT SPECIAL ASSESSMENT DISTRICT - ADOPTED Utilities Engineering Director Madajewski stated that a petition from property owners in the Davis Blvd. area was received and accepted for water improvements. He stated that a resolution must be adopted to create a special assessment district ,~d allow the Engineering Staff to prepare preliminary plans and specifications, as well as a tentative apportionment of cost among the benefitted properties. Mr. Madajewski said the findings of the Engineer shall be presented to the Board with the Staff's request for a public hearing to discuss the tentative apportionment of costs and to hear comments from the bene- fitted property owners. In answer to Commissioner Pistor, Mr. Madajewski stated that the improvement will only benefit the people who front Davis Blvd. and if the improvements are extended, the property owners ben~iitting at that time will bear the cost of the extensions. Commissioner Goodnight moved, soconded by Commissioner Pistor and carried unanimously, that Resolution 87-26/CWS 87-2 creating the Davis Blvd. Water Improvement Special Assessment District be adopted and that the staff Engineer be authorized to prepare preliminary plans and specifications, together with a tentative apportionment of costs for the proposed improvements. Page 27 t ."./, - - - '_"_"""_'.'~_·'.'_"N''''_'''''''''',,,__,,_,,,,,. ""'~"___.",,,_,,, "-~--,,,,"",,:,",,.~,,,",,,,,,,~,.....~-.._-~,""..,..,,,,,..=-,.,..., ! f '. ~ . ¡ 1- " 101 ,~~·t 273 ", February 3, 1987 Item UEl BID NO. 85-1077 TO PURCHASE TWO SPECTROPHOTOMETERS _ AWARDED TO FISHER SCIENTIFIC FOR $9,160.00 (UTILITIES DEPT.) Leg,al notice having been published in the Naples Daily News on December 28, 1986, as evidenced by Affidavit of Publication filed with the Clerk, public heari~g was opened to consider bids for the purchase of two spectrophotometers. Purchasing Director Carnell stated tnat 5 bids were received. He reported that all 5 vendors stated they could not supply the equipment requested. He advised that Fisher Sci~ntific of Orlando was invited to bid, however, there was a misunderstanding on the deadline for the bid. He said that since he knew there was interest on the part of Fisher, they were contacteà the day after the bid opening. Mr Carnell stated that since Fiaher still wanted to submit a bid Staff advised him to send it and the bid was received one day late. ... Commissioner GoOdnight left the meeting at 11:30 a.m.... Mr. Carnell stated that this is very irregular, however, Fisher Scientific is the only bid received which could supply the equipment. Commissioner Pistor stated that he did not know there was another company that could supply spectrophotometers. County Attorn~y Cuyler stated that he believes the requirements have been met on this item and the Board may award the bid to Fisher Scientific. Commissioner Glass moved, seconded by Commissioner Saunders and Page 28 .J ' .~ .. .. - "..,"'~..--".-->-"-,,,-,,-_."~.-, .. ..........~,-,_..._'''''''",.,...._,,_"._-,..M',,"'''~..,__,._'''~, .. .. .. ~ \ ' '\ ,. .. \r -~, . ," " \ ',n' , February 3, 1987 oarried 4/0 (Commissioner Goodniqht not present at time'of vote), that Bid No. 8'-1077 for the purchase of two speotrophotometer. for the utility Operations Department be awarded to Fisher Scientific of Orlando in the amount or $9,160.00 *** Commissioner Goodniqht returned to the meetinq at 11:35 a.m.*** Item f9Fl r.ESOLUTION 87-27 SUPPORTING EXEMPTIONS :'OR SOLID WASTE RESOURCE RECOVERY RELATED EQUIPMENT FROM THB STA~_ SALES TAX - ADOPTED Assistant to the County Manager Olliff read a resolution expressing the Board's desire for Solid Waste Resou~ce Recovery related equipment to be exempt from State Sales Tax. Commissioner Saunders moved, seconded by Commissioner Glas. and carried unanimouøiy, that that Resolution 87-27 aupportihg exemptions for Solid Waste Resource Recovery related equipment from the State Sale. Tax be adopted. \,:,! :. '1 . , . í', r ;- .', t ,'1'\ r i:P ~! í;'; ¡ ,; \, ~J l.' ; ~ '_.. .' ~ J~ ' ~', . . .'. . . , . ~ .. , ' '''í ¡ t: ' i &OoX 101 PAr,f 274 Page 29 " " " . 4 '.' r~u 1 n r ; ." I I; , . ",.~ ''';·"·,"...;.......··,,~_,____¡__...M____,_-_,·,,'''_·,. .. . all .. .. ;., ~,' . ;J,,: ~.:,:"",.'~.:', .~ ',',', " ~ ~:'~'-: , ','- , ~, , ',¡''t"'' 7M, ~:{<' i_,""': JliJf- T· ~ :~:,~ , :;; February 3, 1987 ..... RECESS AT 11140 A.M. RECONVENED AT 11:47 A.M...... Item 191'2 CURRENT STATUS OF THE DATA PROCESSING SYSTEM UNDER THE COUNTY MANAGER - DISCUSSED Assistant to the County Manager Olliff stated that the main con- cern at this time js the Utilities Billing System which is not in operation. Tape f6, 'Tn I!lns\.ter to' Commissioner Pistor, Mr. OL iff stated that the software pùrchased was Version II and was in the process òf ~eing written. He said that while this was being written, it ~as also being specifically tailored to Collier County. He said that the system was to be in operation by Jariúãry 1, 1987. H~ advised that the vendor has now committed to March 1, 1987. Mr. Olliff noted that the Staff hired to operate the system i~ not idle and are in the process of doing conver- sion tasks. In answer to Commissioner Glass, Mr. Ol,liff stated that the need for a new system was made in-house. He explained that the Utility Billing is presently being processed by the Clerk of Courts and that system was specifically designed for Utilities Billing. He added that since Utility Billing is expected to double in size it was felt it should be separated. ~ '~ . . ~ ).. ~ I: J ~ Page 30 &ODK 101 W,! 276 """"'~~"""""'-"""'''_.'.~'"'''-'''--'''''''-'' '-"'" """"--_.....";.._....."~,,.,,-,.. 101pl';t277 February 3, 1987 Item 19F3 AGREEMENT WITH DELOITTB, HASKINS , SELLS FOR DATA PROCESSING RELATED CONSULTI~G SERVICES - APPROVED SUBJECT TO STIPULATION Assistant to the County Manager Olliff stated that this is a pro- posal to enter into a contractual agreement with Deloitte, Haskins & Sells for certain large, computer projects. In response to Commissioner Pistor. ~r. Olliff stated that Staff would feel more comfortable'with an independent consultant rather than using the advise of a particular vendor. Mr. Olliff stated that each project will come before the Board for approval Commissioner Saunders stated concern over the compensation sche- dule. Mr. Olliff advised that the $180 per hour partner fee is less than was paid to this firm for the original study. Commissioner Glass moved, secondeð by Commissioner Saunders anð carried 4/1 (Commissioner Pistor opposing), that the ~ontractual Agreement with Deloitte, Haskins , Sells for data processing related consulting service. be approved with the stipulation that each project will be submitted to the Board of County Commissioners prior to com- mencement for approval. ;",,'"] . , v I' .. -I f ,. ¥ Page 31 ' ,/, .. - - ~'~··'·""'·¥~··-·"··"·"·'""-'·'·""..~''''''''·'''-"','Y.....'_"~"'"......._..,,'....~~.~'__"_",___"',_...__..._. ,.~.. ....._-,- ".._."-"........""~,.,.,;-"'",,.,-,,,.;"""""-"~""....."'_._.__...._. ~,.:,} f~' ~~. 'Do~ 101 fA'.t 285 ~~;,.'c: ¡t~, to: m ;~l:' evaluatir.g the FTC proceedings. Mr. Cuyler then reviewed the resolution with the Board explaining .;: 1! ' February 3, 1987 each item. In answer to Commissioner Glass, County Attorney Cuyler advised thðt he has met with the Collier County Taxpayers Association and they understand our points. He st~ ed that the resolution addresses a number of concerns of the GOlden Gate residents. Mr. Duane Billington and Mr. Dick Braun, Collier County Taxpayers Association, stated their agreement with County Attorney Cuyler. Commissioner Glass moved, seconded by Commissioner Saunders and carried unanimously, that Resolution 87-28 directing the County Attorney'S Office to continue negotiation and selection of property pursuant to the aqreyment between Avatar Properties, Inc. and Collier County dated November 15, 1983, be adopted. ... Page 33 .. .. .. -' ,..-.,".,............,.,~'''~-,... - ~ - .. ...,s"" ~. < ~ i -. . I ~ . I 1(" I' . .' ., , " .' .' ".-. ...... r -~; , ~ , ....' .t,. 'Þ'ebruÙ".::3,; 1987 ':.;,. ") :,,~31 \" Item U1D BUDGET AM~NDMENTS 87-114/1151 87~117/119 - ADOPTED Commissioner Saunders moved, seconded by Commissioner Glass and carried unanimously, that that Budget Amendments 87-114/115 and 87-117/119 be adopted. Item tUB BUDGET AMENDMENT RESOLUTIONS 87-018 And 87-019 - ADOPTED Commissioner Glass moved, seconded by Commissioner Saunders and carried unanimously, that B~dget Amendment Resolutions 87-018 and 87-019 be adopted. ." I,., : ~ .. , .> ' ~ : ' . r 1 ~; ~ ): to. ",; ; f:'f-, -:' .'.' t.'. ""!.' " : ~ i , , Pðge 34', !OD~ .101~"" 288' ~ , . : ... <,J i' ""---..,_........;.=;<"'''"''''', --_."..,.._"........"--,.,~,."",."...,-,.;,_.,.".,-"'.,,..,.,.. ", ,'. .-." . , .~ t. : . : '.. . ~ ~~oK' ·101 Pít:! 291 ¡,; .f Februa~y 3, 1987 ltell 'U2C. REQUEST FOR PROPOSALS ~~OM INVESTMENT BANKERS H. W. ROBERTS' SMITH-BARNEY - APPRO'''_;> Mr. David Fischer, Sun Trust Securities, stated that the Board of County Commissioners directed him to meet with the Refinance Committee to evaluate refinancing the 1985 $25 million utility bond issue at a lower interest rate. He stated that they m~t twice to review propo- sals received from 7 investment bankers. He stated that at the conclusion of the two me~tings, it was recommended, unanimously, that the firm of H. W. Roberts of St. Petersburg had more directly addressed the new problems of the tax law in a refunding and they displayed more clearly that a savings, approximately lt million dollars could be accomplished. Mr. Fischer added that the $lt million could be used to reduce debt or incur new monies with no increased debt. Mr, Fischer stated that because Smith-Barney was engaged in the County's project bonds it was decided that Smith-Barney should also be included in this refinancing in order to maintain cont1~uity. He added that Smith-Barney represents one of the largest bond distribu- tors in the State a~d the team of H. W. Roberts and Smith-Barney would be the best group to accomplish the refunding. Mr. Fischer then recommended xhat the team of H. W. Roberts and Smith-Barney be engaged as Co-Senior Managers of this issue, and, at no cost to the County, they proceed and submit a definitive refund " Page 35 t ",'~ . ¡. 1 .'~. L [ I,: " .'; ~ ~, ¡, j :,; . 'j [ - - - "--.,,- . '-.."--,""'_.._,.,'-----".."""",;~"".;"'"..""',', - .. - February 3, 1987 program for the Doard's consideration. He added, that if the propo- sa1 does not meet the needs or expectations of the County, it can be rejected at no cost to the County. Commissioner Glass moved, seconded ,y Commissioner Pi8tor and oarried unanimously, that the firms of H. W. RobÐrts and smith-Barney Þe engaged as Co-Senior Managers on the refinancing of the 1985 $25 million bond issue, and proceed with a definitive refund program pro- posal for consideration at no cost to Collier County. In answer to Clerk Giles, Mr. Fischer stated that bond counsel may be competitively selected in the same manner as investment bankers. He noted there are approximately 20 bond counsel firms, in the State of Florida. Commissioner Saunders stated his feeling that bond counsel should be compet~~ively selected. Tape 17 (No tape available due to malfunctioning tape) County Attorney Cuyler encouraged the Board of County Commissioners to maintain the current bond counsel for this particular issue. Commissioner Saunders stated that on this issue the County's current bond counsel will have the advantage, however, he would like competitive prices. County Manager Lusk stated that attorneys should not be chosen or not chosen on price, and suggested that Mr. Fischer supply the Board with a schcdule of fees on bond counsel. Clerk Giles stated his agreemcnt with Mr. Lusk and Mr. Fischer stated there should be continuity on the issue. , - . - &ODK 101 PJ~r 292 Page 36 'I ~; ( í , ) ~ , f :": 'p">"~' ,'\ , , ---, ---, aOOK 101mr2D3 ". February 3, 1987 Commissioner Saunders moved that the County request proposals for bond cóunsel on the refunðing bond issue, stating that price is not the deciding factor. Mr. Fischer advised that if new bond counsel is brought in for this refunding, it will cause some con: ~ion. ; . Commissioner Saunders' motion died for lack of a second. Item #12D LIBRARY ADVISORY BOARD ~PPOINTMENTS - APPROVED Administrative Assistant to the Board Israelson stated that the terms of Library Advisory Board members Mrs. Jan Parker and Mrs. Jean Stephens expired on December 3l, 1986. She stated that Mrs. Parker has served two t'érms and Mrs. Stephens 'is not seeking réappointment. Mrs, Israelson stated that four resumes were received in response to a press release. She stated the Advisory Board has recommended Dr. Theron L. Trimble and Mrs. Genevieve Mills be appointed to the two ..' vacant positions. Mrs. Israelson advised that during the process of obtaining resu- mes, Dr. John Eklund submitted his resignation from the Library Advisory Board, She stated that it has been, suggested that a new press release be issued to solicit resumes to fill this latest vacancy. Commissioner Gooðni7ht moved, seconded by Commissioner Pistor and carried unanimously, that a new press release be issued to solicit J: . ' ~': <, , paqe 37 L _, " ~, ,~. - - - ".-.-- .- - - February 3, 1987 resumes, and appointm"ilts to the Library Advisory Board be approved as followss Dr. Theron L. Trimble Mrs. aenevieve Mill. Expiration Date: Expiration Date: Deoember 31, 1990 Deoember 31, 1990 Item f12F. WATER MANAGEMENT ADVISORY BOARD APPOINTMENTS AND REAPPOINTMENTS - APPROVED commissioner Pistor moved, seoonded by Commissioner Goodnight and carried unanimously, that two appointm1nts and two reappointments to the Water Management Advisory Board be .¡.proved as followss Thomas E. Ituck Expiration Date: February 26, 1991 Thomas R. Jones Expiration Dates February 26, 1989 Edward J. Kant Expiration Date: February 26, 1990 H. Wallace Poston Expiration Date: February 26, 1990 Item f12F . ,. REQUEST FOR PETITION AV-86-019, VACATION OF A PORTION OF LAUREL OAK DRIVE, TO BE PLACED ON AGENDA AS SOON AS POSSIBLE - APPROVED Commissioner Saunders stated that Petition AV-86-0l9 requesting a vacation for ,a portion of Laurel Oak Drive, was continued until March 3,,1987. [,He advised that the petitioner, and all concerned, par~ies I have reached an agreement on realignment of this road and he requested that the Commission authorize placement on the agenda as soon as possible. Commissioner Saunders moved, seoonded by Commissioner Goodnight and carried unanimously, that Petition AV-86-019, westinghouse Communities of Naples, requesting a vaoation of a portion of Laurel Oak Drive, be placed on the agenda as soon a. possible. ~ ); } _ ',J ,. ;~. , , ' (, -. ,.:;! ~ .. I~' \ '( ~ ¡ ~ , . t). " :"1 t ;,; i... Page 38 ZOO ( 101 W,! 294 i-...:;I, . 'j') , .l(;.. ,,-. .. "."",---",-,.."",.,.".,,,,- .".; .,""-.......,.~."""',,,.,"""_.....,'"..,-,-_.......,.""'" , ~.<>. .,. 101 PJ(,[ 295 t!) f . "J ¡.t oft February 3, 1987 Item U3A COMMERCIAL PROPERTY LEASE IN THE AMOUNT OF $20,200.00 FOR SHERIFF'S DEPARTMENT - APPROVED Deputy Chief Hunter, Sheriff's Department, advised that the Sheriff's Department is seeking funds to provide for a Sheriff's Substation in East Naples. He stated that the East Naples personnel is currently working out of much neede~ storage space in Building "J". He stated the proposed leas~ is for sp~'~ rental in the Gulfgate Shopping Cent~r,in the amount of $20,200.00. Commissioner Glasa moved, seconded by Commissioner Goodnight and carried unanimously, that the lease with Gulfqate Shopping Center be authorized and $20,200.00 from the General Fun~ be approved. t'!' .', ,;:¡ ',b d ,f.' \ J ~ ~ ' { :. I " -J ~ l1; J ;.' ',; . ·'t. u' .. .. . . ;':) f..'~l.f 1 ,C ~ 1'. '-'~' , <li-lJ.} ',0,' If"1 r_,\ ~:. 0 If'" ~ > ~; I , ~ ~.' ) , . ;--', ; L'T.' í :'! \ i .. .. '. r~! :~ ';¡; " :....:: (;:1 . ~ ,; ,.. . :"', :;..... f " '_ I' ; ~.:. . r '1 ' , ....'" n' "'-;1' q: r ''1'' . ~ t~ F~;~': :.~'. n ~JfJ.-"f:· ~';~:~:'~'>'(,' \. ~ ) I, ::, t· , ~', ~. .'~~u¡ja,;!!·\; - I r ~~,.. ~r ._; ~. r.j :': I I ) , " c· ,I ; : ) .i ¡ ~.! . 1:- ~', J ¡ '.' v. : J.I',;¡~ "L~.',' . I "f; Page 39 J J - - - , ',J ,-,<,.",,,.-, '-"" ~._,,'<_. ^-...,......,,_.....,-~,.........,-~."..-..- ~ .. .. 1 ' ~ : ¡ February 3, 1987 ... The following items were approved and/or adopted unðer the Consent Agenda by motion of commissioner Goodnight, seconded by commissioner Saunders and carxied unanimously: "''''''' Item U4Al RESOLUTION 87-29 AMENDING 86-161 TO ABOLISH CENSUS DESIGNATED PLACE NAPLES MANOR AS AN ENTERPRISE ZONE AND TO REMOVE CERTAIN LANDS HELD IN TRUST BY THE U.S.A. FOR THE SEMINOLE TRIBE OF FLORIDA See Pages .30 ~ - .....' ~ Item 'UBl APPROVAL AND EXECUTION OF EASEMENT DOCUMENT ALLOWING LEE COUNTY CO-OP TO INSTALL SERVICE TO IMHOKALEE AIRPORT WATER TANK SITE - RESCINDED Rescinds action approved January 13, 1987 (Item H14B2). Item U4B2 . .. PLANNING, ECONOMIC DEVELOPMENT AND ENVIRONMENTAL HEALTH DEPARTMENTS TO SHARE OFFICE SPACE IN MODULAR OFFICE LOCATED AT IMHOKALEE HEALTH DEPT. To also allow the Real Property Management Department to lease their space when another Department or agency wishes to use the office space. Item'U4B3 ';;1 / PUBLIC HEARING FEBRUARY 10, 1987 TO CONSIDER CERTIFICATB OF PUBLIC CONVENIENCE AND NECESSITY FOR AFFORDABLE LIMOUSINE SERVICE, INC. Item U4Cl GUN PEN,!IT 87-3 FOR SCOTT L. WILLIAMS Item f14C2 RENEWAL OF COOPERATIVE EQUIPMENT LEASE WITH STATE OF FLORIDA, DEPT. OF AGRICULTURE AND CONSUMER SERVICES, DIVISION OF FORESTRY FOR THE OCHOPEE FIRE CONTROL DISTRICT See Pages .3 J / -..3 I~ &OoK 101 Pl"r 3'04 Page 40 " ,/-!";, , 'I 101 mr 305 :T,( :;: \! " February 3, 1987 Item 114C3 ..~) \ ." APPLICATION AND PROJEnT PROPOSAL TO THE DEPT. OF COMMUNITY AFFAIRS ON BEHALF OF THE COUNTY HEALTH UNIT See Pages ..315- _';~ Item UCDl ACCEPTANCE OF WATER FACILITIES FOR SWAMP BUGGY DAYS See Pages O.R. Book 1247. Pages 2346-2357 ,Item U4D2 $90,000 BUDGET AMENDMENT FOR REIMBURSEMENT TO THE LA PENINSULA DEVELOPER FOR INSTALLATION OF HAINS Mains oversized at County request. Item U4Fl STAFF TO USE NAPLES PRINTING FOR DESIGN, LAYOUT AND PRINT WORK FOR THE FY 85-86 COLLIER COUNTY ANNUAL REPORT Not to exceed $4,300 and all related budget amendments. Item U4Gl CERTIFICATES FOR CORRECTION TO THE TAX ROLL '¡g86 'I'ANGIBLE PERSONAL PROPERTY Nos. 1986-187/l88 Dated Ol/22/87 Item tUG MISCELLANEOUS CORREBPONDENC~ FILED AND/OR REFERRED There being no objection, the follOwing correspondence was filed and/oi r~ferred to the various departments as indicated below: 1. Letter dated l~/18/86 from Elizabeth M. Hami1tin, Chief, Bureau of Community Assistance, Dept. of Community Affairs, regarding CDEBG amendme"t to the Collier County CDBG , Agreement with the FL. Dept. of Community Affairs. Referred to Neil Dorrill, ~Ave pettrow, Wanda Jones and filed. Page 4l .. .. - ."'...,.."'__ I - - - '/-1', 'f' February 3, 1987 2. Letter dated 1/20/97 from Douglas L. Fry, Environmental P~pervisor, DER, enclosing short form application (File No. 111293095), which involves dredge and fill activities. Rcfèrred to Neil Dorrill, Dr. Proffitt and filed. , . 3. ~etter datcd 1/21/07 from Douglas L. Fry, Environmental Þupervisor, DER, cnclosing short form application (File No. ~11294905), whi~h involves dredge and fill activities. ßcferred to Nell Dorrill, Dr. Proffitt and filed. 4. i;etter dated];¡ /17/86 from Pad. , D!vl'sfón of Beaches and Shores, merí't." Program. Referred to Neil Proffitt. and filed. E. Woodruff, Engineer, JNR, regarding Beach Manage- Dorrill, Dave Pettrow, Dr. . -. ",~ "'~ "" .~.. 5. Letter dated 1/23/86 from David L. Reeves, Chief,' 'Gò1'dén:Gate Fire Control & Rescue District, advising of dates for regular meetings of e.G. Fire Control & Rescue District Commission. Filed. 6. Letter dated 1/9/87 from Dr. Jane Polkowski and Roger Evans, attaching the Collier Public Health Unit's final Contract Management Report of activities and expenditures for the 1985-86 ~ntrdç:t year, Referred to Neil Dorrill', Lori Zalka and filed. 7. Letter date¿ 1/19/87 from Margaret Lynn Duggar, Program Staff Direclor, Aqing and Adult Services, HRS, attaching summaries of findings from the Older Worker Employment Surveys. Referred to Leo Ochs and filed. 8. Memorandum dated 1/14/87 to Prospective Government Sponsors of Summer Food Service Program for Children - Summer 1987, from Harold fl. Blanton, Administrator, Food and Nutrition Management, fl. Dcpt, of Education, regarding participation in the program. Referred to Cliff Crawford, with brochure and f Hed. 9. Minutes - filed. 11/07/86, 11/20/86 7 12/04/86 - CCPC ~1/06/87 - Marco Island Beautification Committee 12/04/06 - Comm. Dev. Block Grant Citizens Advisory Comm. 10/29/86, 11/04/86, 12/08/86 & l2/10/86 - City of Naples 10. Memorandum dated 1/14/87 to All Florida Cities and Counties, from C. Fred JQn~s, Chairman, Committee on Community Affairs, Flor ida House of I!'õpresentatives, re Local Bill Policy and Procedures. Referred to BCC, Don Lusk, Ken Cuyler and filed. Page 42 I , ~ ; ,:.. &00-'; 101 p~r:: 3'06 ~ ',' -' ,oaK 101 P1<".t 307 , ,. \, ' . f·.-' February 3, 1987 i' 11. Copy of lelt~r d^tod 1/13/87 to Mr, Vladimir Ryziw, from Charles W. Pemble, ["E., Director, Water Management Division, SFWMD, re General Highway Permit No. 1l-00379-S, Permittee: ,BCC, Proj~~t: ~01dcn Gate Bridge Replacement, Location: Collier County, 51, 2, 11, l2/T~9S/R26E, and enclosing Notice of Rights. Re(erred to Neil Dorrill (letter), George Archibald, Vladimir Ryziw (original) and filed. 12. Letter dated 12/15/86 (rom Robert L, Patton, Controller, Tax Collector, attaching a distribution recap showing year to date totals for 1984/85, 1985/86 and 1986/07. Referred to Lori Zalka and filed. l3. Letter dat~d 1/08/A7 from Roberl L. Patton, Controller, Tax Collector, attaching a distribution recap showing year to date totals for 1984/85, 1985/86 and 1986/87, Referred to Lori Zalka and filed. l4. Letter dated 1/20/87, from Robert L. Patton, Controller, Tax Collector, attaching a distribution recap showing year to date totals for 1984/85, 1985/86 and 1986/87. Referred to Lori Zalka and fiJ~d. *** There being no further business for the Good of the County, the meeting was adjourned by Order of the Chair - Time: 12:35 P.M. .. . ATTEST: JAMES C. GILES, 'CLERK . /" ....~~.;~ ~'?c.-i~>";:'~~·:;' " ,(.,' . ¿)C. : .' ~¢:o.-"~l'--.1'\ 'I. .-;¡JII"'-- Thes::èJn.i~è's""appr~\'~ by the Board -0 ....,... .. ", _ _ . as preset~~~t~,~0,,?~: as corrected ~ ~ ". .. 0.....:·~ \",~.',.:..~" '. ,.', "., "" MAX A. HASSE, JR."C '..," on~./ø<'X"I""'/// ....... ;,' Page 43 .. - - _- '0"1'" ,#",*"~.--.".,,,..~...._~.,,-^,,-~ ","_..,,,,,,,"--_.~.,,,.,,,....,.,.,.., , , --"""""".'."'"'_.,",."..",-.-,,,,,,,-,-,--..~~,,,-.~,.-"