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BCC Minutes 12/16/1986 R . --..,.¡ .- - Naples, Plo~ida, December, 16, 1986 LET IT BE REMEMBERED, that the Board of County Commissioners in and for the County of Collier, and also acting as the Board of Zoning Appeals and as the governing board(s) of such special districts as have been created according to law and having conducted business herein, met on this date at 9:00 A.M. in REGULAR SESSION in Building "F" of the Courthouse Complex, East Naples, Florida, with the following members present: CHAIRMAN: VICE-CHAIRMAN: Max A. Hasse, Jr. Arnold Glass John A. Pistor Burt L. Saunders Anne Goodnight ALSO PRESENT: James C. Giles, Clerk; John Yonkosky, Finance Director; Beverly"Kueter and Maureen Kenyon (1:30 P.M.), Deputy Clerks; Donald B. Lusk, County Manager; Neil Dorrill, Assistant County Manager; Tom Olliff, Administrative Assistant to the County Manager; Ken Cuyler, County Attorney; Bruce Anderson, Assistant County Attorney; David Weigel, Assistant County Attoriley; David Pettrow, Community Development Administrator; Anne McK' Planning/Zoning Director; George Archibald, Public Works Administrator; Kevin O'Donnell, Public Services Administrator; John Madajewski, Utility Engineer; Tom McDaniel and David Weeks, Planners; Val Prince, Staff Engineer; Mike McNees, Utility Business Administrative Director; Kate MUldoon, Development Compliance Investigator; Wanda Jones, Economic . Housing Coordinator; Nancy Israelson, Administrative Assistant to the Board; and Deputy Chjef Ray Barnett, Sheriff's Department. !OOK 100 P~';t 01 Page 1 - - - December 16, 1986 Item #3 AGENDA - APPROVED Commissioner Goodnight moved, seconded by Commissioner Pister, and carried unanimously, that the øgenda be approved as presented. Tape #1 Item #, MINUTES OF nO\'EMBER 2ð, 1986 - APPROVED AS PRESENTED Commissioner Goodnight moved, seconded by Commissioner Pister and carried unanimously, that the minutes of November 2ð, 1986 be approved as presented. Item #ð EMPLOYEE SERVICE ~WARD PRESENTED TO GWEN BUTLER, PURCHASING DEPT. Commissioner Hasse presented Gwen Butler, Purchasing Department, a Pin and Certificate of Appreciation for 5 years of service to Collier County. Item #6Cl RESOLUTION 86-233 RE PETITION SNR-S6-SC, CHANGING NAME OF SANDY LANE TO SANDFIELD LANE - ADOPTED Legal notice having been published in the Naples Daily News on November 16, 1986, as evidenced by Affidavit of Publication filed with the Clerk. public hearing was continued from December 2, 1986. to con- sider Petition SNR-86-8C filed by The Supervisor of Elections re~uesting street name change from Sandy Lane to Sitara Lane. which . runs east and west intersecting with Greenway Road located in Section 12, Township 51, Rançe 25. ¡IIOK 100 rjI;I U7 Page 2 .t 100 w,~ 08 December 16. 1986 Planner McDaniels s~ated that this item was continued because of strong objections to the name Sitara Lane by the residents of that street. He stated that staff, at the direction or the Board, met with resiåents to decide on a name acceptable tc everyone concerned. Planner McDaniels reported the. residents were unanimous in their deci- sion to change the name of Sandy Lane to Sandfield Land. Commissioner Goodnight moved, seconded by Commissioner Pistor and carried unanimously, that the public hearin~ be closed. Commissioner Pistor moved, seconded by Commissioner Goodnight and carried unanimously, that Resolution 86-233 regarding Petition SNR-86-8C changing the name Sandy Lane to Sandfield Lane be adopted. .," Page 3 .. - ... , ---------- - '----~_.~_.__.._._--~---------- " .- : . . I -\ 1 ~ " I I i I 1 1 ,. .t, .. ~ " .. '. " ,.. 100 pm 10 r.e, ember 16, 1986 Item #6C2 AGREEMENT BETWEEN LELY AND THE COUNTY WATER/SEWER DISTRICT FOR THE PURCHA~! OF THE LELY SEWAGE TREATMENT PLANT - CONTINUED TO DECEMBER 23, 1986 - SITE SURVEY NOT TO EXCEED $ð,OOO - APPROVED Legal notice having been published in the Naples Daily News on November 16, 1986 and December 1, 1986. as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to con- sider an agreement between Lely and the County Water/Sewer District for the purchase of the Lely Sewage Treatment Plant site. Utility Business Administrative Director McNces requested the . Board to continue this item, at the recommendation of the County .' , I '1 '" 0' J' I ! \. .I Attorney's Office, to allow a survey of the site to be completed. In answer to Commissioner Saunders, Utility Engineer Madajewski stated that the plant and holding ponds account for approximately 70% of the property. He added that actual tankages take several acres. Also in answer to Commissioner Saunders, ~r. Madajewski stated that if ¡S' the hi~hest and best use of the property were considered to be resi- dential, the cost in utilizing this use would be substantial due to , I ·1 the existing use of the property. In answer to Chairman Hasse, Mr. Madajewski stated the service area for the Regional South County Sewage Treatment Facility will .~ . ultimately be everything south of Radio Road. A lengthy discussion followed on effluent being provided to " ¿ ." Royal Palm Golf Course under present lease payments. Assistant County I. Attorney Anderson stated that the County will eventually be able to .. charge for the effluent after rates are established. . ~ . . Page , :. , ~! I. ~ , " I. I .. .. - .. , , . .' : . -~,...~""-~,.._-",.._.._....",._..""..,,,.,,.,,.,.,,..,,,-,,,,,,,,,,,.,,,.,.._"._.",~.,~,~",~~,,,,,.",..,,",,,,,,,"._._~.."_.,~,,-,.,.~." " I' Lð - .. . .. - December 16, 1986 Cozmissioner Glass moved, oeconded by Commissioner Saunders and carried unanimously, that the public hearing on the Agreement between Lely and the County Water/Sewur District be continued until December 23, 1986. Commissioner Saunders moved, seconded by Commissioner Glass and carried unanimously, that a survey of the Lely Sewage Treatment Plant site be approved at a cost not to exceed $5,000. (See pag~/7t-J/7...7 Item #6C3 RESOLUTION NO. 86-23' RE PETITION AV-85-016 REQUESTING VACATION OF PORTIONS OF PARCELS AND REPLAT OF HYNDEMERE TRACT MAP - ADOPTED Legal notice having been published in the Naples Daily News on November 30. 1986 and December 7, 1986 as evidenced by Affidavit of .... Publication filed with the Clerk, public hearing was opened to con- sider Petition AV-86-016, filed by Wilson, Miller, Barton, SoIl & Peek, Inc., as agents, requesting the vacation of portions of Parcels CC1, CC, SS16, and Outlot 2 of the replat of Wyndemere Tract Map, to allow petitioner to replat. Public Worko Administrator Archibald stated this petition is to vacate a portion of property in tho Wyndemere Development consisting of three partial parc~ls for the purpo~es of relocating the road. He said the vacated area included approximately 15 lots and one parcel and the road will be designed to the north of the lots rather than at its present location south of thl' lots. Mr. Archibald noted there is a companion item on the consent agenda to replat the area being vacated. " l00~r~ll Page 5 nnK UOK 100n';1 12 De~ember 16, 1986 In answer to Chairman Hasse, Mr. Archibald stated the vacation does not impact the surrounding area since it is a golf course. There being no registered speakers, Co~issioner Glass moved, second~d by Commissioner Saunders an~ carried unanimously, that the public hearing be closed. Commissioner Glass moved, seconded by Commissioner Saunders and carried unanimously, that Resolution 86-23' regarding Petition AV-S6-016 vacating portions of Parcels CC1, CC, SS16, and Outlot 2 of the replat of Wyndemere Tract Map be adopte~. SS' Page 6 .. - - .. .~ .. December 16, 1986 It.. #6C4 RESOLOTION 86-23a RE' PINAL ASSESSMENT ROLL FOR TilE GREENWAY ROAD AREA PAVING ASSESSMENT DISTRICT - ADOPTED Legal notice having been published in the Naples Daily News on Novemb~r 25, 1986 and December 2. 1986 as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to con- sider a resolution confirming the final assessment roll for the Greenway Road Area Paving Assessment District. Public Works Administrator Archibald stated that a little more than two miles of road was constructed at a total cost of $457,229 consisting of 5,600 ft. of Greenway Road, 1,300 ft. of James Road and 4.300 ft. of Frit.cbey Road. He stated the work was completed in April, 1986 and the final assessment roll has been based on the approved point system, including the contractor's final construction costs, authorized interim maintenance cost performed by the County prior to awarding the contract to Better Roads, Inc. and engineering and adm1- nistrative costs. He stated that there was an increase of 3~ to 6~ in final cost due to the need for increased fill, additional sod and aeeding as part of the contract. Assistant County httorney Weigel stated that the following changes have been made to the resolution for purposes of clarity:. the last two paragraphs have been redrafted to show that there is an exhibit legal description, and the 60 day period for paym~nt without interest has been specified. Mr. Archibald noted that staff, after meeting with the Finance Department, has recommended a 5-year payback period for the !OOK 100 PA~t. 17 Page 7 lOOK 100 pm 18 December 16, 1986 assessment with a 7~ interest rate. In answer to Clerk Giles, Mr. Weigel advised that the Ordinance states not more than 10 annual installments, the~efore, 10 installments was used in the resolution, Clerk Giles stated that most road assessments carry a 5 year payback. Cvmmissioner Pistor stated that some of the residents may have a problem with a 5-year payback. In answer to Commissioner Glass, Mr. Archibald stated that the assessment amount varies for each individual based on the amount of property owned. In answer to Chairman Hasse, Clerk Giles stated there is no clear cut policy for basing the payback period. Clerk Giles also statpd that by stretching out the payback periods there is a danger that the cost of money will go up and the County may not be able to recoup all of their money. Tape #2 In answer to Commissioner Pistor, Assistant County~nager Dorrill stated that the problem ~ith extension of payments over the payback period on an individual basis would put the burden of determining abi- lity to payor not to pay on the staff, aüd possibly place a financial burden on the Finance Department. There being no registered speakers, Commissioner Glass moved, seconded by Commissioner Saunders and carried unanimously, that the public hearing be closed. Commissioner Glass moved, seconded by Commissioner Saunders and carried unanimously, that Resolution 86-235, regarding the final assessment roll for Greenway Road Area Paving Assessment District with Page S .. - - ..-. .. . ~'r '.. . ", - ,..,",.,_"_.______._"_............""'.\_...."'.._____,,..___,.,_.~"'~_,."....._,,,.,·~~".....A."'...""·._~,........~· ~"'_ .._.__.._~_",.O<__....._",.,....~.,_~,....,__ .. ... .. December 16, 1986 . 10-year payback period be adopted and staft bB directed to invest 1- gate a point system where there is a provision tor extending the pay- back period. .,-s Page 9 &DDK 100 f~S~ 19 , ... ~. " .. t:.;"'1.-, m~ 100f'~ 38 December 16, 1986 Itea #7A1 PETITION V-86-14, MARTIN SALLEY, REQUESTING VARIANCE OF FRONT YARD SETBACK - DENIED L~gal notice having been published in the Naples Daily News on November 30, 1986 as evidenced by Af~idavit of Publication filed with the Clerk, public hearing was opened to consider Petition V-86-1' filed by Martin Salley requesting an 11.3 foot variance from the required front yard setback of 25 feet to 13.7 feet for property located at the southeast corner of the intersection of Rose Way and Robin Avenue in Section 1, Town3hip 50 South, Range 25 East. Planner Weeks stated that the subject property is located in Plamingo Estates and the petitioner added a screen enclosure to his residence in July. He stated that this addition was constructed within th~ front setback of the property. Planner Weeks explained that after receiving a zoning complaint, the job was "red-tagged" and tI" the contractor, Climate Control, applied for an after-~he-fact building permit, how~ver. the plot plan submitted along with the building permit application erroneously showed the structure complied with setback requirements. Planner Weeks advi~ed that correspondence has been received from one property owner, to the south of the potitioner, in favor of granting the variance, He stated that based on the standards set by the Board of County Commissioners, the Staff finds no land or struc- ture related hardship and, therefore, recommends denial of the peti tion, Page 10 - - - .. .- .. December 16, 1986 In answer to Commissioner Glass, Planner Weeks stated that if the petitioner had gotten a permit at the proper time, the Building Department ~equires spot surveys and the encroachment would have been detected before the addition was built. In answer to Commissioner Goodnight, Mr. Weeks agreed that the co~tractor should have gotten the permit, and if the Board denies the petition, Mr. Salley will have civil recourse against the contractor. Commissioner Saunders stated that he is against variances and that the property owner has 100' control over his contractor. He said that while the addition is attractive, he is agai'lst granting a variance. In answer to Commissioner Glase, Mr. Weeks stated that corner lots and interiLr lots have the same overall setback requirements, but in different ccnfigu:~tions. Answering County Manager Lusk, Mr. Weeks stated that Flamingo Estates Subdivision haa an Architectural Review Board that enforces their deed restrictions and they had not been given the opportunity to review Mr. Salley's construction plans. Chairman Hasse stated that the entire matter is a civil problem. Mr. Stephen Means, resident of Flamingo Estates, requested that the petition be denied so a precedent would not be started in that sub- division. Mr. John Keschl st~ted that the property owner is not at fault in this instance and if the structure meets the Building Code, the variance should be granted. County Attorney Cuyler stated that the issue is not whether or not the addition meets code, but rather ~hether it is within the required setbacks for the property. !ODK 1oo~? 3.9 Page 11 I: &OOK l001' .~ 40 December 16, 1966 Commissioner Saunders stated that unfortunately frustration and cost are not factors in determining a zoning hardship. He stated that Mr. Salley is caught in a difficult situation where his contractor violated the zoning requirements and'he must suffer. Commissioner Glass moved, ,seconded by Commissioner Saunders and carried unani~ously, that the public hearing be closed. Commissioner Pistor moved, seconded by Commissioner Saunders and carried '/1 (Commissi~ner Goodnight opposed) that Petition V-86-14 requesting a variance fro. the required front yard setback be denied. Tape #3 County Attorney Cuyl~r stated that the Bonrd of County Commissioners might consider referring Climate Control to the Collier County Contractors' Licensing Board through the complaint process for review. .s" Commissioner Saunders moved, seconded by Coømissioner Glass and carried unanimously, that Petition V-86-14 be referred to the Collier County Contractors' L1censing Board for investigation. Commissioner Saunders moved, seconded' by Commissioner Glass and carried unanimously, that tAe Collier County Planning Commission be directed to review all variance petitions with recommendations sub- mitted to the Board of County Commissioners, and the County Attorney be directed to change &ll neces~ary documents to comply with this procedure. Plf.ge 12 .. - - , , 'I .. .- : . , 't ., I I , i , . ' " Ie . .. , . .' .- . .. ... .. December 16, 1986 Item #9Al EMERGENCY ORDINANCE 86-89 AMENDING ORDINANCE 86-74 TO INCLUDE ßANDICAPPRD PERSONS AS A PROTECTED CLASS - ADOPTED Housing Progr~m Director Jones stated that the Board of County Commissioners adopted the Fair Housing Ordinance (86-7') on N~vember " 1986 for the purpose of establishing County policy to prohibit Î I housing discrimination. She stated that through a scrivener's error. handicapped persons were omitted from the Ordinance. She explained that this ordinance needs to be amended to be consistent with State ., and Federal law and t.o meet the F&ir HousinJ requirements for the , .. . t Community Development Block Grant program. She stated that the Community Development Block Grant application will be considered by the Board of County Commissioners at the . ,. December 23, 1986 meeting and there is not sufficient time to adver- '.' ", '. tise a public hearing to adopt an Ordinance to amend Ordinance 86-74. Ms. Jones requested the Board to adopt Emergency Ordinance 86-89 to ~ include handicapped persons to the Fair Housing Ordinance. In answer to Chairman Hasse, Mrs. Jones stated that the Department of Community Affairs would rule that Collier County does not have a Fair Housing Ordinanc~ unless it includes handicapped persons. Commissioner Glass moved, seconded by Commissioner Goodnight and carried unanimously, that an emergency exists to correct Ordinance 86-7' in order to have our Community Development Block Grant applica- . '. tion considered and that notice of public hearing be waived. ~here being no speakers on this issue, Commissioner Glass moved, '. seconded by Commissioner Goodnight and carried unanimously, that the public hearing be closed. MD« 100 ~r;. n Page 13 I; \. , . l00~ 42 December 16, 1986 Commissioner Glass moved, seconded by Commissioner Goodnight and carried unanimously, that Ordinance 86-89 amending Ordinance 86-74, as numbered and titled below be adopted and entered into Ordinance Book #25. ORDINANCE NO. 66-89 AN EMERGENCY ORDINANCE AMENDING ORDINANCE 86-14, ENTITLED "FAIR HOUSING ORDINANCE" TO INCLUDE HANDICAPPED PERSONS; PROVIDING FOR CONSTRUCTION AND SEVERABILITY; PROVIDING AN EFFECTIVE DATE. Item #9Bl EXTENSION OF GOODLETTE-FRANK ROAD FROM PINE RIDGE ROAD TO CARICA ROAD - APPROVED Public Works Ad~inistrator Archibald stated that the conceptual plan for thp. developer to provide the extension of Goodlette-Frank Road from Pine Ridge Road ~o Carica Road at their own cost has been reviewed and approved. He stated that there were commitments by the developer and proposed commitments by staff. He said ~e developers of Sleeping Hollow, Bridget Lake and Woodbridge projects are planning on extending the road at their cost in accordance with arterial road standards, which would be above and beyond requirements for an access road. Mr. Archibald stated stnff has reviewed their proposals, plans and specifications and are prepared to recommend approval of those plans subject to the following stipulations: 1. The County would be responsible to perform the inspection and testing for the proposed work. He said the basis for this recommendation is that the roadway, upon completion, will become a County roadway and be the maintenance responsibility of the County. .. , " Page 14 - - - -------.--- .. . .. .. December 16, 1986 2. The County would be responsible to make any necessary revi- sions to the signal system at the intersection of Pine Ridge Road and Goodlctte-Frank Road to insure adequate traffic movement when the extension is complete. 3. Upon completion of the work the County will install a street light at the intersection of Carica Road and the Goodlette- Frank Extension Road. Mr. Archibald stated the developer will be responsible for: 1. Follow through of design and construction. 2. Construct a bike-path extending from Pine Ridge Road to the Carica intersection. 3. Construct drainagp improvements as sat forth by the South Florida Water Management District and Collier County. 4. The improvements and ccst of construction undertaken by the Developer will be subject to an impact fee credit in accor- dance with the Impact Fee Ordinance 85-55. Mr. stated that the road extension will connect at two points: . .. Center Street and Carica Road and wtll be used by residents in the Pine Ridge Development. He stated that no objections have been received from residents of the subdivision and none is expected. In answer to Co~issioner Glass, Mr. Archibald stated that the design of the extension is based on a 6-1ane cross section and this road will be two lanes of the future 4-1ane extending Goodlette-~rank Road to Immokalee Road. He mentioned that the right-of-way for thin area is the old railruad right-of-way purchased a number of years ago. Mike Zewalk, North Naples Civic Association, thanked the Commissioners and stated that this road has' been needed for a long time. He said that it will relieve traffic on Trail Blvd. Commis8ioner Saunders moved, seconded by Commissioner Glass and carried unanimously, that the plan for the two-lane extension of Goodlette-Frank Road from Pine Ridge Road ~o Carica Road be approved. BOOK lOO'f')~:t 43 Page 1~ lOOK 100 "Jot;! 44: December 16, 1986 ..... Recess: 10:23 A.M. - Reconv~ned: 10:31 A.M. ..... Item #9Cl SECRET'~Y I POSITION POR PUBLIC SERVICES DIVISION - APPROVED P~blic Services Administrator O'Donnell stated that at t~e present time the Social Services and Youth Guidance Departments operate without secretarial support. He said the work load in those depart- men~s ar~ making it increasingly difficult for the Directors. He stated that this position would be shared by the two departments and also lend some support to the Museum. Public Services Administrator O'Donnell advised the fiscal impact will be $9,812.00 for the balance of FY '87 and be paid from the Client Assistance budget under Medicaid hospital payment. In answer to Commissioner Saunders, Public Services Administrator O'Donnell stated the classification will be Secretary I at an entry level of $10,114. Commissioner Goodnight moved, seconded by Commissiôñ~r Glas8 and carried unanimously, that a Secretary I position for Public Services be created and filled and support equipment be purchased. Item #9C2 GOLDEN GATE CO~~NITY CENTER REVISED GUIDELINES AND RULES - ADOPTED Public Services Administrator O'Donnell stated that Revised Guidelineo and Rules for the Golden Gate Community Center were recom- mended for approval by the Golden Gate Community Center Advisory CommIttee at the December 3, 1986 meeting. He reported that staff has Page 16 ". .. .. .. D~cember 16, 1986 reviewed the revised guideUnes and rules and have no objection to adoption. He stated that there is no fiscal impact to the adoption of these rules. Commissioner Saunders stated that Page 3, Paragraph 5 of the Re.·ised Guidelines and Rules states "The Board or County Commissioners shall secure the services of a secretary who will be responsible for the preparation and maintenance of accurate minutes of each meeting." He inquired aR to whether this means a court reporter or someone who will make notation of major items ~nd keep some sket~hy minutes. Golden Gate Community Center Chairman Graham stated there has been controversy over an in-house person being biased when writing the minu- . ... tes. She stated there is money in their budget to pay for an indepen- dent secretary to ta~e the minutes. She stated the meetings are held once each month for 1 hour. Commissioner Saunders stated that this is probably not a problem with one agency, however, there are a lot of county-wide committees who meet each month. Assistant County Manager Dorrill stated there are numerous advisory boards that throughout the County who do not meet at the Government Center. He said that Mrs. Graham is requesting a person that would be paid to operate a tape recorder, take notes and transcribe a general set of minutes and distribute them to the Committee. Mrs. Graham stated that the Boar~ of County Commissioners supplies a secretary to other advisory boards. In answer to Commissioner Glass, Mrs. Graham stated th~t the expense will be paid from the Page 17 &OOK 100,,'\~ 45 aDDK 100 f,;?,. 46 December 16, 1986 Community Center's budget. Tape .. County Manager Lusk stated that an independent service will be less expensive than supplying staff because the Community Center Advisory Boar~ meets at night and would require "over-time" for staff. He added that the County has an obligation to supply support to their advisory committees, especially when they meet during the day, and in most instances staff would be furnished. Assistant County Manager Dorrill thanked Mrs. Graham for the sup- port received for the County Snow Festival and stated that everyone had a wonderful time. Commissioner Glass stated that the Parks & Recreation Department did an excellent job and provided a wonderful time for the children of Collier County. Commissioner Saunders moved, seconded by Commissioner Glass and carried unanimously, that the Revised Guidelines and Rùies for the Golden Gate Community Center be adopted. ~. !.L Page 10 .. ... - December 16, 1986 Itea #9D1 BID #86-1033 FOR UTILITIES OPERATIONS VEHICLES - AWARDED TO VARIOUS VENDORS AT A TOTAL COST OF 878,429.3ð Legal notice having been published in the Naples Daily NeWÐ on September 29, 1986 as evidenced by Affidavit of Publication filed with the Clerk, sealed proposals for Bid #86-1033 Utilities Division Ve·hicles were opened at 2:30 p.m. on October 10, 1986. Utilities Business Administration Director McNees stated that invitations to bid were mailed to 19 vendors and 6 responses were received. He noted that due to operational changes, the requested Crew Cab Utility Vehicle is not needed at this time. He advised that Item #2, a 4 wheel drive Utility Vehicle, should be changed from . .. $1',784 to $14,378. In answer to Commissioner Pistor, Mr. McNees stated that Bill Branch Chevrolet's bid appears to be higher than Heitzelman Truck Center's bid because Heitzelman did not include the accessories spe- cif ied. Commiss~oner Goodnight moved, seconded by Commissioner Glass and carried unanimously, that Bid #86-1033 for Utilities Operations Vehicles be awarded to various bidders for a total cost of $78,429.2ð. Item #9D2 P~~CHASE OF METER PARTS FROM DAVIS METER « SUPPLY DIV., DAVIS WATER « WASTB INDUSTRIES, INC. IN THE AMOUNT OF 89.067.66 - APPROVED Utilities Business Administration Director McNees stated the only tw,) suppliers for water meter parts are Davis Meter a Supply Div, and ~ODK IOD~)~· 00 Page 19 ""..,"<-""""",,,~----"'- lOOK 100..n 5.\ December 16, 1986 H~rsey Products. He stated that parts required for maintenance of water meters are not interchangeable with other meters and are only distributed through Hersey Products' Florida based distributor which is Davis Meter & Supply Div. or Hers~y Products' south region distri- butor. Mr. McNees udvised that quotes were obtained from both suppliers and in all cases prices were identical. He added that Hersey Producto encourages purchasing from Davis Meter « Supply Div. rather than directly from the regional distributor. Mr. McNees stated the total cost of the meter parts is $9,067.66. Commissioner Goodnight moved, seconded by Commissioner Saunders and carried unanimously, that the purchase of meter parts from Davis Meter & Supply Div., Davis Water & Waste Industries, Inc. in the .~ount of $9,067.66 be approved. Itoa #9El STANDARD INSURANCP. PROVISIONS FOR USE IN LEASES, AGREEMENTS AND ÇOHTRACTS - APPROVED Risk Manager Rynders stated that at the present time th~re are no noard approved standards for insurance provisions in leases, ngreements or contrac~s and consequently an insurance provision is often omitted. She stated that standard provisions would simplify the c:ontracting procedure by providing guidelines for the departments. Hhe also stated that the County Attorney's office is currently using ~his document as a guideline in contract review. ~ommissioner Saunders moved, seconded by Commissioner Goodnight and carried unanimously, that the Contractual Insurance Provisions be Page 20 - .. . .. .. December 16, 1986 approved with the understanding that they may vary depending on the circumstances within individual contracts. Item #911'1 RESOLUTION 86-236 RE TRANSFER OF THE COUNTY'S FRANCHISE AGREEMENT WITH DELTONA BROADCASTING COMPANY, INC. TO PALMER COMMUNICATIOANS, INC. - ADOPTED Assistant to the County Manager Olliff sta~ed the County currently has a franchise agreement with Deltona Broadcasting Company dated in 1986 and the company is now being purchased by Palmer Communications, Inc. He stated that Palmer Communications has agreed to abide by all restrictions and regulations ccntained in the current agreement. In answer to Chairman Hasse, Mr. Olliff stated that the broadcasting industry has been deregulated ~nd the County has no real control over rates~ however, they are required, under the agreement, to notify the County of rate increases. Attorney Pic~orth, representing Palmer Communications, stated ~hat there will be no increase in rates caused by the transfer. Commissioner Pistor moved, seconded by Commissioner Goodnight and carried unanimously, that Resolution 86-236 regarding the transfer of the County's franchise agreement with Deltona Broadcasting Company, Inc. to Palmer Communications, Inc. be adopted. '. !OOK lOOÞ,r.,1 ~5 Page 21 1'). . ,U , ---------------- .--...., .. ... ~ December 16, 1986 Itea #10A RESOLUTION 86-237/MWS-86-9 AUTHORIZING SETTLEMENT OF CLAIMS IN MARCO !~ATER AND SEWER DISTRICT CONDEMANTION PROCEEDING - ADOPTED Assistant County Attorney Anderson stated there are three claims pending in a condemnation law suit for the Marco Water/Sewer Phase II Project. He stated that three of the landowners refused to grant the County an easement for installation of a sewer pump station on their j)roperty. He said the .:rl1dge gave the County the right to enter on the property in November, 1986 and unless the matter is settled the County will have to go to a 12 member jury trial on th~ issue of damages. He ~dded the County would be responsible for p~ying all expenses and ~ttorney fees. Assistant County Attorney Anderson stated the staff . .. recommendation is to settle the three claims. Assistant County Attorney Anderson advised that two of the pro- pertY owners have agreed to t~e following: Mr. « Mrs. Fallica - property - $800.00, atty. fees $500.00 Messrs. Calzadella « Pray - property - $1000.00 atty. fees $500.00 Assistant County Attorney Anderson stated that Mrs. .:ranet Roland has not agreed to a settlement yet, however, staff would like to offer $1,000.00 for her property and $500.00 jn attorneys' fees. Commissioner Saunders aoved, seconded by Commissioner Glass and carried unanimously, that Resolution 86-237/MWS-86-9 authorizing settlement of claims in Marco Water/Sewer District Condemnation Proceeding be adopted. aOOK 100 ÐG!. 57 Page 2? ; I, ~. ". ~ ~ "j ~ ¡r1l ~ '. I' '" . _...,..- . "",,,,*_.-,,,~,,,,~-,,,-,-,-,",,,,,,,,,,,,,,-.,,-,,.-.~~,..-, " aoat lOO~<;!60 December 16, 1986 Itell #10B STIPULATION WITH MARCO ISLAND UTILITIES REGARDING P.UBLIC SERVICE ÇOMMISSION CERTIFICATED AREA - APPROVED Assistant County Attorney Anderson stated that Marco Island Utilities filed for a certifi~ate with the Public Service Commission for a very large area and Uti~ities Engineer Madajewski checked the legal descriptions and found the area to be inconsistent with earlier agreements entered into by the County and Deltona.He stated that the County objected based on the prior agreements, and effectively pos~poned the issuance of the Gertificates. Assistant County Attorney Anderson stated that Deltona has agre~d to abide by what the Board of County Commissioners previously authorized. In answer to Chairman Hasse, Assistant County Attorney Anderson stated that the County will be in the same position as in 1984 when .,. the Board of County Commissioners approved the Development Order for the Marco Shores Development. He stated that the water/sewer service will be on a first come - first serve basis. He explained that if Deltona begins construction of Sewer facilities before the County does, they will have the right to provide sewer service to Marco Shores Development. Mr. Oil Betz, Marco Island Utilities, stated that the Development Order requires Marco Isl~nd Utilities to convey any lines created to the County. Utilities Engineer Madajewski confirmed Mr. Betz' state- m~nt and explained that the collection lines, transmission lines, and Page 23 .. - - .. ... .. December 16, 1986 pump stations will be conveyed to the County at the time they are constructed as in any other subdivision. He said the County would not O\fIl the treatment works and the language in the Development Order pro- vides for the purchase. In answer to Assistant County Attorney Anderson, Utilities Engineer Madajewski stated that it is plnnned to incorporate the Marco Shores Development (Unit 30) in the planned South Regional Sewer Facility. Commissioner Glas. moved, seconded by Commissioner Pistor and carried unanimously, that the .tipulation with Marco Island Utilities rr.garding Public Service Commis.ion certificated area be approved. .#< .!OCK 1DO?)~ Ðl Page 2' ;(1., it:' lOOt 100 r~(,t 126 December 16, 1986 Item #lOC RESOLUTION 86-238 REGARDING STATE or rLORIDA'S PURCHASE or THE LELY BAREFOOT BEACH PROjECT - ADOPTED WITH CHANGES AND STIPULATIONS County Attorney Cuyler stated th~t a resolution has been prepared and the language is 60mewhat broad and does not tie the Board of County Commissioners to any specific action. Attorney Vega, representing Lely Barefoot Beach, stated that this project is 18th on the State's list of purchases and funds are becoming a problem. He stated that because State funds will not allow purchase of all the projects, each communi tv is offering incentives to make the purchase more attractive. He then requested that the Board of County Commissioners consid~r passing a resolution stating either their intention t~ offer an incentive or a fixed dollar amount. In answer to Commissioner Pistor, Attorney Vega stated that an item of negotiaticn be~ween the County and State might .be the institu- tion and operation of the tram that would move the public from the parking lot to th9 beach. He also stated that since most communities are making offers, the better the offer, the greater the chances of getting the State to buy the project. Commissioner Saunders stated that the real issue is the question of access along the north end road down to the State Park, maintenance of this road and are there any alternatives for access. In answer to Commissioner Saunders, Public Works Administrator Archibald stated that along the eXisting road there are a number of platted intersecting roads and the entire length could not be used for Page 25 .. - - ",.,>;soo, ·_,".__o.,"a,._·<·_,,__~'·"_____""'_"""'·_"""_""'·~'''''··¢·"."~"~'" _._.",~~""'''''__''''''''_''__'''',''M_''_''';,''''~''*'"'''''" .. ... .. December 16, 1986 parking, but a portion may be available. County Manager Lusk stated that the property along the road will be developed units and woul~ probably create the same problems that are being experienced at Tiger Tail Beach. Commissioner Saunder~ stated that even if the road is left open the public could use it during the hours that the park is open. County Manager Lusk stated that the easement requirements stipulate they can close the road at night. Tape #6 In answer to Chairman Hasse, Attorney Vega stated that the purchase of the south end was made with Wilderness Funds and the addi- tional 2,400 feet being purchased is too narrow for parking. He said .1' the State cannot obtain permits for this ~arking. He noted that there will be two beaches and people will be able to park at the north end and either take a tram to the south end beftch or walk directly onto the north end beach. Commissioner Pistor stated that Attorney Vega is correct and the ð,OOO ft. of beach at the south end is technically a preserve area and not a park. In answer to Chairman Hasse, County Attorney Cuyler stated that the broad language in the resolution does not bind the County to any action. Planning/Zoning Director McKim s~ated that the PUD Document requires t~at the main north/south road to be completed no later than ~DDK 100 P~'.! 127 Page 26 ·,œ( l00",r,~l28 December 16. 1986 County Attorney Cuyler stated that the easement June 4, 1989. agreement between Lely and the State addresses the issues of access and state employees. Attorney Vega stated that there is no plat at the present time, but merely a corridor upon which the ro~d was to be bull t. Attorney Vega stated that no-one is trying to keep the public from driving down to the southern end. In answer to Deputy Chiet Barnett, Coun~y Attorney Cuyler stated that the intent is for the road to be open to the public. In answer to Commissioner Saunders, Attorney Vega stated that the road dead-ends at the park. Commissioner Pistor stated that he has spoken to the State about the parking and they absolutely do not intend to put in parking on the south end. Commissioner Saunders requested County Attorney Cuyler to call Mr. Landrum to inquire what parking, it any, would be put on the south end of the property. ~. Mr. Bill McLaughlin. Bonita Springs resident, stated that an agreement between the State of Florida and the Lely Corporation already exists and Lely was to have constructed a road within three years of the execution date of August 1, 1918. Tape #6 Mr. McLaughlin stated that he received a letter from State Parks Director Landrum dated September 25, 1986 stating "Concerning the matter of public access through the existing Lely Gate off the Bonita Beac~ Road, Lely is required to open the gate for public access to Page 21 .. - - - - - December 16, 1986 Barefoot Beach State Preserve whenever such access is needed. As the Pre~erve has not yet been officially opened for public use, we have not deemed it necessary to instruct Lely to provide the required access." After a lengthy discussion in which numerous residents spoke for public access and against trams, gate-houses, roads. parking lots, and unneeded expense Commissioner Glass stated that everyone wants the State to buy the property, however, no-one wants to give up access. Commissioner Saunders said the State should provide parking at the south end and the road Ahould remain open. CommisBioner Saunders moved, spconded by Commissioner Glasa and carried unanimously, that Resolution 86-238 asking the State to purchase as much beach area as possible in the Collier County Barefoot Beach area: to eliminate any mention of the 8.8 acres: and urge the State to provide as much parking as possible, as quickly as possible, within the currently owned and proposed State property: and also to leave the road open to the public be adopted. I~ answer to Commissioner Pistor, Attorney Vega stated that as a Director of the Lely Corporation, he is going to ask them to withdraw from the sale. He stated his feelings that the Board of County Commissioners has gotten tied up in semantics of a parking lot. He also stated that the State has access and will retain the access, After another brief discussion, Commissioner Saunders moved, seconded by Commissioner GlaDs and cårried unanimously, that aOOK 100 PAr,~ 129 Page 28 l' ..' " ~ 100 ur.t130 December 16, 1986 Resolution 86-238 be adopted, which ahall prevail over Resolution 86-199 where inconsistencies exist, specifically referring to approxi- aately 8.8 acres at the northern end of Lely Barefoot Beach. '>. <I- > > Page 29 .. - - -----.,.,...-----'" .. .- December 16, 1986 ... Recessed at 12:30 P.M. Reconvened at 1:30 P.M. at which time Deputy Clerk Kenyon replaced Deputy Clerk Kueter. ... Tape .8 Item .11B 8~DGET AMENDMENT RESOLUTIONS 87-007 THROUGH 87-009 - ADOPTED .. and carried unanimously, that Budget Amendment Resc'.~tions 87-007 Commissioner Goodnight moved, seconded by Commissioner Saunders through 87-009 b. adopted. . .. lOOK 100 p~c,!.135 H Page 30 -",..."".~~""..._..-.,,~ ~.._""-""""",.,,_." ;~,-- .. .- .. December 16, 1986 Item #l1D BUDGET AMENDMENTS 87-59/61; 87-63/66; AND 87-67/71 _ ADOPTED Commissioner Goodnight moved, seconded by Commissioner Glass and carried unanimously, that the bUdget amendments 87-69/61; 87-63/65; and 87-67/71 be adopted. Item ADDED COMMISSIONER GLASS TO REPRESENT THE BCC AT A MEETING TO BE HELD IN SARASOTA RE WATER AN~ SEWER, TRANSPORTATION AND ENVIRONMENTAL ISSUES Commissioner Hasse stated that he received notification that there will be a meeting on December 17, 1986, in Sarasota to coordinate Federal, State and local 1ssuesde~ling with transportation, water and sewer, and the environment and is requesting that Commissioner Glass attend this meeting to represent Collier County. Item ADDED . fJ HOLIDAY SCHEDULE TO REMAIN AS IS Commissioner Hasse stated that he has been approached with regards to having December 26th instead of December 24th off, in order to have a long holiday weekend. Commissioner Saunders stated that he would like to know the posi- tion of the Constitutional Officers and the County Manager on this matter. County Manager Lusk stated that this matter was brought before the Employee Advisory Board and they voted to k~ep the schedule as it currently 1s. Clerk Giles stated that he was approached on this matter too and he would suggest that the day before each holiday, Christmas and New ðDDK 100 PA',~ 139 Page 31 &m l00mll4.0 December 16, 1986 Year's, could be switched to ~he day after and then the day before each holiday could be a half-day, which would make one complete day that could be made up later during the year by cancelling a future holiday. County Manager Lusk stated that the day before New Year's Day is not a holiday to begin with and if a future holiday is cancelled in order. to give employees half-days off prior to both holidays, then that interferes with the holiday schedule of next year, due to the fact that the holiday schedule will run fro~ ~anuary 1st to December 31st starting the beçinning of 1987. Personnel Director Ochs stated that the employees have eleven fixed holidays and two holidays that are scheduled by the Board of County Commissioners, which has already been done, noting that one of them is the day before Christmas and one is President's Day. Deputy Chief Barnett, Sheriff's Department, stated that the per- sS' sonne 1 rules and regulations of the Sheriff's Department is different, but they are scheduled to have Thursday and Friday off. Commissioner Goodnight stated that this item was not added to the agenda and it is not appropriate to discuss same. County Attorney Cuyler stated that this could be discussed and indicated what the preference is, and then next week formal Board action could be taken after this item is put on the agenda. County Manager Lusk stated that if this is going to be changed, it need8 to be done as soon as possible so that the employees can change their plans or do whatever is necessary. ., Page 32 .. .- - December 16, 1986 Commissioner Saunders moved, seconded by Commissioner Goodnight and carried unanimouely, that this item be added to the agenda for actio~ this date. Commissioner Saunders stated that he would be in favor of the day after Christmas as the holiday and then discus. if the County should close at noon the day before Christmas. Commissioner Goodnight stated that she feels that employees have already made plans and it is not fair to them to have to change them at this late date. Commissioner Glass moved, seconded by Commissioner Saunders and carried unanimously, that due to the fact that people have already made arrangements" for the holidays, the schedule will remain as is. Item #13A LEGISLATION TO BE PREPARED AND SUBMITTED TO LEGISLATIVE DELEGATION AND TO PROVIDE THAT BCC HAS AUTHORITY TO ABOLISH AUTHORITY; COMMITTEE TO FURTHER INVESTIGATE IF THE COUNTY SHOULD GO WITH AN AUTHORITY Mr. William Barton, Chairman of the Independent Utility Water and Sewer Authority, stated that the Committee met 8 times and invested about 2ðO hours in study regarding this issue. He noted that the Committee looked into whether it was advisable or not to have an inde- pendent authority and after talking with existing authority experts, financial experts, and staff, they conclUde? that the best long-term solution to water and sewer problems of Collier County would be an independent authority. He noted that the recommendation would be for a water and sewer authority independent of the County Commission flOO~ 100 ~.~ 141 Page 33 "" , 1\1' . ".-,......"'·,_-..."",_~·""'_-...,·._··.,~,','''''m ~.'. 142 ~..., ~QQ( 100 f"r.t h December 16, 1986 except for membership; that it be governed by the Board of Directors and consist of 5 members with four year terms; that future appoint- menta to the Authority be made by the Board of County Commissioners from candidates recommended by the Authority; the first Executive Director be appointed by the Board; and that after January 6, 1987, the Board of County Commissioners consider the draft legislation prepared by the Committee that is undergoing legal and fiscal review. Commissioner Glaas stated that he read the report and at the pre- sent time, he has no future objections to an authority, but at this time, there is not enough plans to create s~mething that would require a division of interest. He read a letter into the record indicating his feelings on the creation of an authority and requesting to defer action on this matter for a period of one year to incorporate the legislation and the background material that is needed to make a logi- ... cal decision. (See Pages /7;;'" It'O ). Commissioner Pistor stated that there is a master sewer plan that is in effect and is part of what the Utility Board is working from. He stated that considerable money was paid to have these plans pre- pared, Commissioner Hasse stated that he concurs with Commissioner Glass, adding that this is moving too fast and he would preter to have this item delayed. Commissioner Saunders stated that the purpose of forming this authority is to facilitate the orderly development of County-wide Page 34 .. - - _~,"_.~"__'''-'''''''''';_'_'''~'_;'''''_'''_'___'_'''''''''*''''d'''''',"~_,-"",<"",_""""",,,,,,,. - - - Deceffiber 16, 1986 water and sewer systems, but it is not to get away from political heat. He noted that there is not enough information at this point to make a decision as to whether the authority is the best mechanism, but to defer this item for one year is the equivalent of killing it. He stated that he would suggest that staff be urged to look into the issues that Commissioner Glass has raised, adding that legislation could not be brought to the Legislature this year, but at least there would be more in-depth studying continued. Commissioner Pistor stated that he feels that it would be well to get a bill set and passed through the Legislature and then if the Board of County Commissioners decides to go forward with it, the mechanism would ~in place if needed. Tape #9 Commissioner Goo~night stated that when this matter was discussed earlier this year, she felt that one of the problems that Collier County has faced is the constant game ot catch-up to the water and sewer because previous boards did not feel that the County should be that much involved in water and sewer. She noted that it the County does not handle it, it will not be handled appropriately. She stated that she did not want to see a water authority that is similar to the one that exist in Immokalee, that is appointed by the Governor because there is no control to the local people at all. She indicated that this authority should be kept on a local level and would like to investigate this matter further and make some decisions and if it is ~ODK 100 n'.~ 143 Page 35 ,......,..~.':..'......... ' ", .~... > , 't ~ .> :~ ,i.' i\: 1· 00 1'4. ~;f" &ODK ~~>! 'i December 16, 1986 possible, go to the legislature and ask them to act on it and then the County can act on it at a later date. Commissioner Glass stated that he agrees that this has to keep going, but his problem is that if the Board goes to the Legislative Delegation now, certain parameters will be defined without knowing the cost or being able to integrate this with the comprehensive plan amendment element, adding that the Board is responsible for a long- term policy and if that policy is not defined to the Legislature, then the County will be locked into a position with legal constraints. Commissioner Pistor stated that the County could go to the Legislature with a bill that provides that the County has a right to establish an authority and then it could actually be established at a later date. In answer to Commissioner Saunders, Assistant County Attorney Anderson stated that the Board should elaborate on wha\,the Authority's functions and powers would be and the relationship between the Board of County Commissioners and the Authority in case there is a policy dispute on growth management and the provision of utility ser- vices. He stated that he has draft forms but they are not complete, adding that he started with the current County water and sewer law that the Commission operates under presently as the nucleus. He stated that he is confident that this authority cannot be established without the special legislation. Commissioner Saunders questjoned if a general statement of powers could be made that is basically inclusive and also indicates that Page 36 .. - - ",,,,"<,.,,,,o<~,,,,,,,,,_,,,",,.,_,,,,...........,.......,;,,,...,,...,_____.....,,._....._._-'~";,.,,,,,._,,,,---",",,,,,'~-;'''-'"--'-<''''-''';"''<-'''''''''''_'''~'' .. . .. .. December 16, 1986 the actual functions of the authority would be delineated pursuant to an ordinance passed by the County Commission, and further questioned if this could be done if those powers in that ordinance did not exceed the powers stated in the special legislation? Assistant County Attorney Anderson replied affirmatively, adding that the final outcome would not be a truly independen~ authority because the ordinance could be amended and the powers taken away. Clerk Giles questioned if an independent authority is created, could the debt of the WaterlSe~er District be transferred without any problem? Mr, Barton stated that the financial advisor was asked this question and indica~ed that there would be no problem. Commissioner ~åunder. moved, seconded by Commissioner Pistor, that the County Attorney and the Committee prepare the legi8latiox. to be submitted to the legislative delegation and the Committee further investigate if the County should go with an authority and report back to the Board as soon as possible. In answer to Commissioner Glass, Mr. Barton stated that he met with Community Development Administrator Pettrow regarding an indepen- dent authority, which would be an integral part of the Comprehensive Plan. Commissioner Glass questioned if the Lepislature approved the draft legislation will it become law or can the County still decide not to go that route, to which County Attorney Cuyler stated that the speclal act will be in existence subject to appointm~nt of members, &DOK l00N~! 145 Page 37 ~~;. .. >;:."'" .-Yi¡r ~ ~..~.? .'. ~J\ 111 100n<,f-I4.6 !; mK December 16, 1986 adding that there is not need to have it in existence if the Board decides not to go forward on the matter. Attorney Pickworth stated that in this special act, there could be the type of implementation language that the Board wants. County Attorn~y Cuyler stated that if there is an implementing process by which the Board of County Commissioners dictates when it happens and how it happens, then this is not what is in draft form at this time with regards to a truly independent authority. Commissioner Saunders stated that he would not want to set up an authority that the Board could not abolish. County Attorney Cuyler stated that he has no problem with any of the comments, as long as the Board is aware that the direction is being changed from what the Committee suggested and has drafted in the legislation. Assistant County Attorney Anderson stated that if tbe Board wishes to abolish this authority at some future time, then the authority should be set up by Ordinance and not a Special Act, because if it is done by a Special Act, it will stay established until the Legislature repeals the Special Act. Commissioner Glass stated that there have been enough questions raised which indicates that more research is needed. Tape #10 Clerk Giles stated that he is concerned with the issue of indepen- dence in another aspect with regards to determining the liability of Page 38 .. - - .. . .. .. December 16, 1986 the Commissioners and the Clerk's Office for acts of members of this independent authority, adding that it has to be sufficiently indepen- dent and he does not know how sufficient that must be. Mr, George Keller, President of Collier County Civic Federation, stated that there have been plenty of problems in the past and until this system is in place, it should not be turned over to someone else. Mrs. Mary Lightburn, member of the Committee, stated that the League of Women Voters has been in favor of a publicly owned regional sewer system in the County since 1982, adding that they are in favor of government efficiency and economy and it would seem that an authority would be of great benefit to the whole County. Mrs. Bettie Gu~acsik, President of League of Women Voters, stated that this Commission needs workshops to resolve these matters prior to a regular board meeting with public input. Commissioner Saunders indicated that this discussion is out of order as the authority is what is being discussed. Mr. John Keschl stated that he commends the committee for doing such a fine job but questioned if the authority will work out of tho government complex, will it be under the guidelines of the County Commission, what type of people will be employed and at what salaries, what hours and benefits? CommIssioner Saunders amended hIs motIon to include that the legIslation 1, to provide that the Board of County Commissioners can abolIsh the authority at a public meeting if they so desIre, and Page 39 aDOK 100w.!147 .1.."'_,'__ am l00n...t148 December 16, 1986 Commissioner Pistor amended his second. Upon call for the question, the motion carried 3/2, (Commissioners Glass and Hasse opposed). Item #128 SIN(~E DISTRICT MEMBERSHIP COMMITTEE TO BE ESTABLISHED BY RESOLUTION AND BROUGHT BACK TO Bce . Commissioner Hasse stated that he hð.s been advised by the County Attorney that the Committee does not have legal standing as currently structured and in order to rectify the situation and allow the Commit- tee to continue its work, he would recommen~ that a resolution be passed that would include the duties and functions, terms, and the ad hoc status. He stated that he would also recommend that the mem- bership be increased to a total of 12 members, which would include those already on the Committee. Commissioner Pistor stated that when this Committee was formed, it was not an official advisory committee, noting that it was simply a os· fact-finding committee. He sta~ed that he has no objection to making this a formðl committee but it does not need to be any larger than it already is. Commissioner Glass moved, seconded by Commissioner Pistor and carried unanimously, that a resolution be prepared establishing a single district membership committee with th. incroased membership. Page '0 .. - - - .- - .., ". December 16, 1986 Item #12C RESOLUTION 86-239 REAPPOINTING GUNNARD 3. ANTELL, M.D. & HARRY E. O. HEIll!MAN TO THE COLLIER COUNTY HEALTH PACILITIES AUTHORITY - ADOPTED Commissioner Saunders moved, seconded by Commissioner GoodnIght and carried unanimously, that Resolution 86-239 reappointIng Gunnard 3. Antell, M.D. & Harry E. O. Heineman to the Collier County Health PacIlities Authority be adopted. .IS I, " , ; . ~ aDaK 100 p~t;! 14.9 Page 41 'I '. ; ~ '1 (l'~ ~ ' j ~ \.. ' ,."""__~.."=...,,.,",,,,""""'_"':_'~''''''''';_~'''""_'''"'_'''_''''''''''."~__'__"""-'''''''~.''''''''''~''_''''''';_'_'''"'';"",_'''"",""",-"""+",."""""~",,,,"""""'uw,.;_.·,,,~··.--·,·,,,,.-,,·,,·_, - .- - December 16, 1986 Item #12D CONSOLIDATION EFFORTS OF RAC AND WMAB TO BE TERMINATED AND VACANCIES FOR SAID BOARDS TO Bß ADVERTISED Commissioner Glass stated that for the past several weeks he has been approached by members of both advisory boards with regards to vacancies on their boards. He stated that in the past, it was thought to be a good idea to consolidate the boards, but after receiving input from numerous people, he would like to see the boards maintained separately. He stated that these boards may overlap at times but not significantly and there are major changos in the future with regards to the Comprehensive Plan and as much input as poosible is needed. Commissioner Glass moved, seconded by Commissioner Saunders that Staff be directed to terminate the consolidbtion effort and to adver- tise and fill thè~acancie8 that e~ist on these boards. Commissioner Glass stated that he would like to look at the EAC ordinance to see if it is effective the way it exists. Mrs. Charlotte Westman, representing the League of Women Voters, stated that the League supports the combining of the two boards and one of the biggest supporters was Dr. Benedict, who is now an employee of the Conservancy. S~~ stated that most of the members of the boards were interested in combini~g these boards at the time that it was discussed, and the reason for the vacancies is due to attrition in order to combine the two boards a~d reduce ~he membership from ten to eight. She stated that there are problems with the boards remaining separate, as there are conflicts of interest on the EAC. She indi- Page 42 aDOK 100 ~~·1.151 ",..."".,,-,,-,......_.....,''''-"~;-,...'''''''',.,'''"-~,-,-''''''''..__.~.','"'",.","'"'_'''''''-'',"-;~-.'''~'''''''-''''''''>_''''j,~.,~",._.,,-~,.....~,,,,~",,-,"",,.~,..,,..,' 100 w.t 152 Dec~mber 16, 1986 cated that Dr. Benedict and Mr. Link have refr~ined from voting on a number of issues due to conflict of interest and Mr. Courtney also refrained from voting a number of times when he was on this board. She stated that there are only four members left on the EAC and they have large ar~as of conflicts which creates problems, Tape #11 She reported that the new ordinance that the Board of County Commissioners adopted on August 5, 1986, states that each advisory board should be reviewed on or before January 15 of each year to determine if the board is servicing the current community needs, their ßccomplishments for the preceding year, if the board is needed in the future or if another board could better serve the purpose, if the ordinance should be amended and whether the membership requirements should be modified, She noted that the.County Manuger ~hen reviews these reports on or before February 15 and brings his recommendations to the Board. Upon call for the question, the motion carried 3/2, (Commissioners Pistor and Goodnight opposed). Itea #13A RESOLUTION 86-240 APPROVING FIVE NEW PRECINCTS AND REVISING FIVE EXISTING PRECINCTS - ADOPTED Commissioner Pistor moved, seconded by Commissioner Saunders and carried unanimously, that Resolution 86-240 approving five new pre- cincts and revising five existing precincts be adopted. Page 43 .. - - """""",___1 ."<..,,,,",~"_______'_"~~' _...'hM.....""'~".~..,"",·"·,'...~,....,·,,..-· .,.., , ! ( i j', J December 16, 1986 ... The following items were approved and/or adopted under the Consent Agenda by motipn of Commissioner Pistor, seconded by Commissioner Saunders and carried unanimously: ... Item #14AI RESOLUTION 86-241 AUTHORIZING CHAIRMAN TO ENTER INTO AGREEMENT WITH MARINA SOUTH, INC. POR MITIGATION UPON BASIS OF UNPERMITTED TREE REMOVAL PUR5UANT TO COLLIER COUNTY ORDINANCE 7ð-21 See Pages / ç / - / ç; f- Item #14B1 ACCEPTANCE OP COMPLETED C~.STRUCTION OP TURN LANES ON U.S. 41 AT PINE RIDGE ROAD AND ON GOODLETTE-PRANX ROAD AT GOLDEN GATE PARKWAY IN ACCORDANCE WITH BID #86-100& Approve revised contract amount, accept the turn lanes project, Bid #86-1105, as completed, release of finAl payment to Better Roads, Inc., and to authorize Clerk of the Board to receive and tile, with original contract for Bid #86-1005, the originals of Supplemental Agreement SA-Ol. .,- Item #14B2 ACCEPTANCE OF RIGHT-OF-WAY AND SIDEWALK EASEMENT PROM MOBIL OIL CORPORATION POR RECORDATION ' See Pages I t 5'- / f'fY Itell #14B3 BUDGET AMENDMENT TRANSFERRING FUNDS PROM FUND 30& RESERVES TO ORGANIZATION 043& Ite. 14B4 LAKE TRAFFORD MEMORIAL GARDENS CEMETERY DEED NOS. 389. 473. 47&, 478 See Pages I £9... /9 ~ I,) 'I; I I ¡, ¡ ':. ,.; Page 4. , ......"." ~ . , .. "., I" I ~ ' .. - .. . .. .. December 16, 1986 Ite. #UBð AGREEMENTS FOR DEED NOS. 481. 480. 481 - LAKE TRAFFORD MEMORIAL GARDZNS See Pages /93 a /95 . Item #14B8 PINAL PLAT APPROVAL O~ GOLF COTTAGES AT WYNDEMERE, PHASE II WITH STIPULATIONS Subject to plat vacation of parcel. CC1, CC, SS16, and Outlot 2 of the replat of Wyndemere Tract Map and with the stipulation that the plat not be recorded until construction i. completed and accepted or until approved security is submitted. Item #UB1 CONTINUED USE OF IMM~XALEE STOCKADE BY COLLIER COUNTY SCHOOL BOARD, COLLIER COUNTY ROAD AND BRIDGE DEPARTMENT, COLLIER COUNTY AQUATIC WEED CONTROL, IMMOKAL~ALCOHOL TREATMENT CENTER AND COLLIER COUNTY ANIMAL CONTROL FACILITY WITH STIPULATIONS With the understanding that any future use must be approved by the Board of County Commissioners prior to its utilization. Item #14BB LEAS! AGREEMENT BETWEEN BOARD AND MARSTEN LEASING CORPORATION FOR THE CONTINUED USE OF A MODULAR OFFICE BY THE COLLIER COUNTY HEALTH DEPT. 1ÇPHU/WIC PROGRAM) See Page. I 9~ .. 19? Itell #UB9 PRELIMINARY ACCEPTANCE OF LOCH LOUIS!, PHASE 1; ACCEPTANCE OP MAINTENANCE BOND FOR REQUIRED IMPROVEMENTS; ACCEPTANCE OP DRAINAGE AND UTILITY EASEMENTS FOR OFFSITE IMPROVEMENTS,· WITH STIPULATIONS The County Attorney first approv, the easement documents and with the stipulation that all easements and utility acceptance docu- ~OOK IDD ~r~ 171 Fage 4ð í<.'~' . . 100 PAr.t172 December 16, 1986 ments be submitted to the Utility Division p~ior to preliminary accep- tance of any utility improvements. See Pages /CJq....;¡ 00 Item .14Bl0 FISCAL OFFICER TO SATISFY OUTSTANDING' INVOICE FOR COMPUTER WIRING IN BUILDING "C" TO COMMUNITY ELECTRIC OF NAPLES IN AMOUNT OF $14.325.30 Item #14Dl ADDITION TO THE CITY/COUNTY AGREEMENT NO. ð RP. WATER SERVICE TO THE SUTHERLAND CENTER PROJECT See pag.. c;l 0/· d 0 ¥- It... #14D2 LEASE AGREEMEnt WITH JOINER/WIN7IELD COMPANIES POR UTILITIES OPERATIONS WAREHOUSE - BUDGET AMENDMENT POR SAME See Pages é),. ð..5' - a. 0 ? It.. #14D3 ACCEPTANCE OF SEWER FACILITIES FOR THE PINES PHASE I, PART 2 Subject to stipulation that all documents are foun~~to be legally sufficient by the County Attorney. Recorded in O.R. Book 1238 , Pages 220-231 It.. #14GI CERTIFICATES FOR CORRECTION TO THE TAX ROLL 1982 ADDITION No. 696 Dated 7/26/85 1983 ADDITION No. 378 Dated 7/26/85 198' ADDITION No. 183 Dated 7/26/85 1986 Nos. 8./89 & 91 Dated 11/26-12/2/86 1986 TANGIBLE PERSONAL PROPERTY No~. 1986-146/154 Dated 12/2-12/8/86 I~c';" > ,-,¡¡; ; (~ "IIi" t~~~ ~.hi~;~ ~( ;{'~ ,. ';.t ~~".' ¡:.: ;.~ ;t: ~... '.r:"" v<L: ~.i>~:·~:·L; .. >:'~ L t ~ <, :,;. l{.. 'IX' 1.. \;.:~~ t. ¡ ~ rH' Page 46 .. - - .. ... .. December 16, 1986 Item #14G MISCELLANEOUS CORRESPONDENCE FILED AND/OR REFERRED There being no objection, the following correspondence was filed and/or referred to the various departments as indicated below: 1. Copy of Budget Amendment received 11/26/86 for Purchasing Dept. to provide adequate travel bUdget to meet first quarter goal - professional training for Purchasing staff. R~ferred to BCC. 2. Memorandum dated 12/01/86 from .:Tohn H. lIaslam, Codes and Standards Administrator, Dept. of Community Affairs, advising that they have not received a copy of the County's ordinance adopting the code. Referred to Neil Dorrill, David pettrow, .:Toe Magri and filed. 3. 2nd Follow-up inspection report for the Collier County Stockade Facility dated 11/18/86. Referred ~o BCC. ,. 2nd Follow-up inspection report for the Collier County Jail Facility. Referred to BCe. 5. Letter d~tad 12/0'/86 from Douglas L. Fry, Environmental Supervisor, DER, enclosing short form application (File Nos. 111277475, 111276775, 111276745 and 111278855) which involved dredge and fill activities. Referred to Neil Dorrill, Dr. Proffitt and filed. 6. Received from DNR 12/04/86 Permit No. A CQ-000151, Permittee, Key Island, Inc., c/o Bruce Green & Assoc. Inc., to tem- porarily install fish nets at 50 to 100 foot intervals for approximately 600 feet of shore (Gordon Pass). Referred to Neil Dorrill, Dr. Proffitt and filed. 7. Letter dated 11/14/86 from .:Toseph A. Garland, Secretary/ Treasurer, Garland & Garland, Inc., requesting a Certificate of Substantial Completion of contract be provided regarding Clam Pass Boardwalk, and attaching Notice of Substantial Completion. Referred to Board of County Commissioners, Harry Huber and tiled. 8. Mi~utes of 11/18/86 Golden Gate Parkway Beautification Advisory Committee, and 12/09/86 Agenda. 12/10/86 Agenda tor Water Management Advisory Board. 9. Public Notice of Application for permits dated 12/04/86 from aOOK 100 PAGE 173 Page 47 ~T\ ; : .¡ 100PA'j!:174 , .'. December 16, 1986 South Florida Water Management District for the following: Collier Enterprises, Immokalee - to reshape the existing lakes. Citizen's & Southern Tr~st Company - for surface water management. Armbrester, William, Immokalee - to irrigate 10 acres. Collier County - Resource Recovery Project. Referred to Neil Dorrill, George Archibald, John Boldt, Bob Fahey and filed. Itell #14Hl BONDS POR COLLIER COUNTY MOSQUITO CONTROL DTSTRICT COMMISSIONERS See Pages ~ ð ~- ö?/ ~ Item #14I1 SALES-USE TAX EXEMPTION CERTIFICATE TO IBM See Page ~// Item #14I2 . 1#' RECLASSIJrICATION"OF ASSISTANT COUNTY ATTORNEY I (DAVID WEIGEL) TO ASSISTANT COUNTY ATTORNEY II WITH PAY INCREASE 10~ ABOVE ENTRY LEVEL . ; ¡ ~ , , . ¡~> 'oj .,.. ;..-! Page 48 .. .. .. .. '.. ... .. December 16, 1986 There being no further business for the Good of the County, the meeting was adjourned at 3:10 P.M. by Order of the Chair. ATTES:r:Li,¡ ¡jf¡ jAM,!'t', C. au.*, CLERK ..... .... :...,.....1.....," .... ~ " "Z" ~ ~.: I~.!.l,.-. J. t'" ..~ ~'.""" "...J..~=~ . /1c. .. ,..1. "~-s. /*-'.'': ~~_66 t'11'.J:o·1.(;T...".r, ~ ' . ,. ". ·.~.'ÍhC;V;,.:~, ~.~h~gi~ml~~ie. approved by the Board ~n, \~s corrected &DDK 100 PAr,t 175 Ii' ; BOARD OF COUNTY COMMISSIONERS/ BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING ÐOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL ð?.~.~ on ~_/..J. /,1/;1 as pre~ented r! Page 49