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BCC Minutes 06/03/1986 R Naples, Florida, June 3, 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 ~ollowing members present: CHAIRMAN: John A. Pistor VICE-CHAIRMAN: Anne Goodnight Frederick J. Voss Max A. Hasse C. ç. "Red" Holland ALSO PRESENT: William J. Reagan, Clerk; James C. Giles, Fiscal Officer; Maureen Kenyon, Deputy Clerk; Donald B. Lusk, County Manager; Neil Dorrill, Assistant County Manager; Tom Olliff, Administrative Assistant to the County Manager; Ken Cuyler, County Attorney; Tom Kuck, Public Works Administrator; Vickie Mullins, Community Development Administrator; Ann McKim, Planner; Tom Crandall, Utilities Administrator; Mike McNees, Administrative Assistant to the Utilities Administrator; Dave Pettrow, Zoning/Planning Director; Nancy Israelson, Administrative Secretary to the Board; and Deputy.Chief Ray Barnett, Sheriff's Department. ~ ~;: ' ; f , . .." fJ" ,I ;}:,,! ...r',F).~~' T;, 1:" ~~~.~"ti. ~: ~ L ;' ~~'\:~l);~j '. ~ ' .: " { , ! ~ '. , ~;. ~ I.!. ~ fuge 1 BODK 094PAGi546 ,',1 < lJ' ," .)' .'1 .~ 094,A,£553 June 3, 1986 Tap. f1 It.. f1 AGENDA - APPROVED WITH THE FOLLOWING CHANGES Commissioner Hasse moved that Petition R-86-1C, Trails of Quail Run, be postponed until November, 1986. Motion di.d for a lack of seoond. commissioner Voss moved, seconded by Commissioner Hass. and oarried unanimously, that the aqenda b. approved with the followinq chanq.., a. Addition of Item 5C - Proclamation extendinq best wishes to Clerk Willi.. J. aeaqan for suooess in his new career. b. Addition of Item 9E2 - Discussion of refundinq. c. Addition of Item lOB - Report on meetinq with D.O.T. re I-75/Alliqator Alley. Item U MINUTES OF MAY 6, 1986, REGULAR MEETINQ - APPROVED AS PRESENTED Commissioner Voss moved, seconded by Commis.ioner Goodniqht and oarried unanimously, that the minutes of May 6, 1986, regular m.etinq, be approved as pre.ented. Item U EMPLOYEE SERVICE AWARDS - PRESENTED Commissioner Pis tor presented Employee Service awards to the following employees: Skip Camp - Facilities Manager Sonny Dvorak - Building Department 5 years 5 years - - - ---..,"".,,,,~,,",,~",,..-,,,,..,,,.-~,,,,,..,,,,,,,.---,,----..,---"--,,,--,.~... Page 2 t~· '.. . "::,.:~..~':. þ :' ,'. '".Y'. ' - ~tL.·,,' I ~ ì> "I' ".f:~',h~..;-~ v.¡: .';0 ". . . .... ~. '. , ','¡' 7· June 3, 1986 Item '4 PROCLJ.M1.TIOH DESIGNATING THE MONTH OP JUNE AS "ADOPT-A-CAT MONTH" - ADOPTED Upon readinq of the proclamation, Commissioner Voss moved, .eoonded by Commis.ioner Goodniqht and carried unanimously, that the Month of June be de.iqnated as "2\dopt-A-Cat Month". Item IS PROCLJ.M1.TION EXT?NDING BEST WISHES TO CLERK WILLIAM J. REAGAN FOR SUCCESS IN HIS NEW CAREER - ADOPTED Upon readinq of the proclamation, extendinq best wi she. and .uc- ce.. to Clerk Willi.. J. Reaqan in hi. new career, Commissioner Pis tor aoved, seconded by Commissioner Bolland and carried unanimously, that the proclamation be adopted. ~ , ':", jH,. .J \1' Page 3 ~OOK 094 PAGE 554 \~. .,: ~ \ --___·,...·__'·,~~I June 3, 1986 Ite. U PETITION R-S'-lC, YOUNO, VAN ~SSENDEap, VARNADOE, BENTON, P.A. REPRESENTING SCARBOROUGH DEVELOPMENT CORPORATION RE A REZONE PROM RKP-16 TO PUD FOR THE TRAILS OP QUAIL RUN - WITHDRAWN AT REQUEST OP THE PETITIONER Legal notice having been published in the Naples Daily News on April 18, 1986, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition R-86-lC, the Trails of Quail Run. Planner McKim stated that the objective of this petition is to develop the sit~ with a maximum of 448 multi-family dwelling units, adding that lands to the north are zoned GC and RMF-16, which is the Woodshire Project; lands to the east are zoned PUD which is Naples Bath and Tennis Club and allows for 93 single-family units and 423 multi-family units on 153.7 acres; lands to the south and west are zoned RMF-16, GC, and PUD, which is Forest Lakes Homes and allows for 182 single-family units on 64.6 acres. She reported th~t to the north is a golf course and a villa residential project; to the east is unde- veloped land and single-family homes; to the south is a golf ccurse and undeveloped lots in a single-family subdivision; to the west is a 901f course and undeveloped RMF-16 land; and in between the PUD is She indicated that the _.,._--"._._~-",",,--,- ".,"...__........,.,.,-,...;.,.._~- ant 094 ~t 557 June 3, 1986 dwelling units. She stated that the subject property may be rezoned to another residential district at or below the previous district's density and would be in compliance with the Comprehensive Plan. She noted that the proposed project has a gross density of 13.6 units per acre and the allowed gross density under current zoning is 16 units per acre, which gives a net density of 7.8 units per acre on Tract "A", 15.8 unit~ ner acre on Tract "B", and 21.7 units per acre on Tract "C". She rtated that the PUD allows the flexibility to mix types of units a,d net densities. She indicated that Staff and all appropriate county agencies reviewed this potition and have no objec- tion to its approval subject to amendment of the PUD document per the Staff report dated April 22, 1986. She noted that the CCPC made a recommendation of approval which, indicated no action as the vote was 4/4. She noted that during the CCPC the petitioner agreed to delete' Tract "D", which had the maintenance building on it and incorporaté it into Tract fiB" and limit the size of the units in Tract "C,. .to a mini- mum of 750 square feet. She stated that the petitioner also agreed to amend Stipulation "s" regarding setback to road easement. She indi- cated that 16 people spoke in opposition to the petition and one per- son spoke in favor; three petitions with 606 signatures were received and 51 letters were received in opposition. She stated that the con- cerns of the people were that the project density would not be com- patible with adjacent properties; that the project will have an adverse impact upon nearby property values; that the project might Page 5 - - - ........,...-......._._,.._.~-''''......~_.....-...~-- ,.____... a June 3, 1986 attract young people and/or children with different lifestyles and accompanying noise; that the developer may promise amenities but not provide them; that the golf course m8intenance building will be a nuisance; that th~ project will adversely affect the drainage; that the project will ~reate traffic flow/safety concerns~ and that the project will adv~rsely affect potable water supplies. Attorney George Varnadoe, representing the Petitioner, stated that Wilson, Miller, Barton, SolI & Peek, Inc. were the engineers and plan- ners on the project, adding that the property is currently zoned RMF-16. He noted that there could be 528 units developed at the pre- sent time, but with the PUD, only 448 units would be allowed. He noted that the project is divided into four parcels; Tract "A", "B", "C" and "D". He stated that Tract "C" has caused most of the contro- versy as it is the rental parcel. He noted that there was objection to the use of Tract "D" for the maintenance building and based on that objection, they withdrew the use of Tract "D". He stated that there was 22 units per acre designated for Tract "C", and that has been changed. He noted that Tract "A" shows 14.3 acres with a density of 8.4 units per acre, Tract "B" is 8.42 acres with 16 units per acre, Tract "C" area has been expanded to 10.22 acres with 192 units, which means about 18.8 units per acre. He stated that the overall project is 80 units less than what can be built there at the present time. He noted that the PUD would give a variety of housing types spread over the parcel and in Tract "A", there would be cluster villa-type fairly Page 6 800K 094p,ljc558 aD OK 094 'AGt 559 June 3, 1986 low-density; Tract "B" would be a quadplex or low-rise type garden apartment complex; Tract "C" would be the traditional mUlti-family two and three story b~ildings and would be a rental housing project. Mr. Varnadoe stated that the main issue that the Board is facing is the rental housing concern, noting that this is not a zoning issue as zoning contro:. use, not ownership. He stated that under the existing RMF-16 hq can build a rent~l housing project. He stated that this property has been zoned for a number of years and the developer has the right to utilize his property. He noted that the PUD provides an entity for finishing the roadway network, the utility system, a common landscaping 3cheme throughout the project, reduce the potential density, finish the water management plan, including some off-site water management aspects which would improve the overall drainage and provide a homeowners association to maintain and make sure these things are kept up. He stated that it would also provide for more control through its site approval process, which would not be available under the existing zoning, adding that without the PUD, those protections will be lost. He noted that without the PUD, the developer is not going to have a common landscaping scheme nor is he going to make off-site water management improvements, noting that he will take care of his own drainage like everyone else has done and that is the reason that there are problems. He noted that there is no unified control in the area. He indicated that the Developer has cleaned the existing water management section of the system by Page 7 - - - -,.".,.........~,._."_."_.,...,~...."'-""',,..--"-"' ,. "'--'"--'''--'-''' June 3, 1986 cleaning pipes and the lakes to make the existing system work better. He stated that whether this petition is approved or not, the rental project is not going to stop as the Developer owns the land and has the existing zoning as well as having $6.7 million of bond money which is sitting in escrcw at the First National Bank in Boston. He noted that the Develop~~ has already submitted the first building permit for one of the section~. He noted that this is not low-rent housing as 38 units in this pro:\ect have to be rented to people with income that cannot exceed 80\ of the mean income of Collier County which is bet- ween $28-29,000, and therefore, 20\ of the units have to be rented to people with income of approximately $23,000 or less. He noted that there is no restrictions on the amount of rent that can be charged under the bond program. He noted that the units have to be leased for a minimum of 7 months. He stated that people have stated that they would rather see the existing zoning stay in place and built that way instead of the PUD zoning. Attorney Varnadoe stated that instead of all the people speaking and repeating the same thing, he would ask that the people be polled and if they want the zoning to remain the same, he would like to have the option of withdrawing the petition. Mr. Cliff Schneider of Wilson, Miller, Barton, SolI & Peek, Inc. stated that under the PUD, the drainage in the area will be improved. He reported that the original stormwater management system provided for outfalls through the lakes interconnected by swales to the south Page 8 MO( 094 f'~ 560 ;;; 094,,~561 June 3, 1986 end of the project where it is connected by an interceptor channel across the south side and the water flows to the west and into the Cordon River Basin. He noted that there are two lakes that contribute to the major drainage problems within Forest Lakes because they currently have no outfall. He indicated that the Developer volun- tarily has cleaned out the entire storm drain system on Forest Lakes Blvd. He noted ~hat current conditions are that these lakes are still buckets that are going to fill up and overflow until such time as an outfall pipe is constructed from each lake, adding that the applicant committed to constructing these outfall pipes under the PUD. He noted that the swales that interconnect the lakes through the golf courses have never been truly maintained and they need maintenance in order for the water to flow properly and the Developer was committed to this under the PUD. Co~issioner Voss stated that if the PUD is withdrawn, there will be rental units built on the basis of 'l6 units per acre and no guaran- tee as to what might be done about the drainage problem and the flooding problems. He noted that the alternative is to approve a PUD which in that particular rental area allows for 2.58 units more per acre than is now allowed under the RMF-l6 zoning but in the overall project, the density would be reduced by 80 units and the drainage problems would be taken care of. ***** Recessr 9r55 A.H. - Reconvened. 10r05 A.M. ***** County Attorney Cuyler stated that he assumes that the vote is whether or not the public is asking if the petition can be withdrawn Page 9 - - - June 3, 1986 because the Board has to make the zoning decision. He stated that if there is a majority vote, the petitioner would be in a position to withdraw the petition and therefore, there would be no vote and the petitionp.r would be entitled to develop under the current zoning, to which Commissioner Pistor replied affirmatively. Tape '3 Mr. Tom Shilling, President of Quail Run Golf Club, stated that the development on Tract "C· could be limited to 16 units per acre and then give them the PUD, and put additional stipulations on the PUD, such as alternate egresses, before they are permitted to develop, and solving the drainage problems. He stated that downgrading the pro- perty could be considered. . Commissioner Voss stated that if this property was down-zoned, there would be a lawsuit filed against the County. Attorney Varnadoe st^ted that the answer to Mr. Shilling's problem is to turn the golf course into a park and dig some lak~s on it which would handle the drainage problems and there would not be any golfers out there to create traffic problems on Pine Ridge Road. He stated that this proposal makes as much sense as down-zoning the property. Commissioner Voss proposed the question to the public, with the entire public, except for two people, voting to leave the zoning as it is, RMF-16. Mr. Varnadoe stated that he would request that the Commission allow the Petitioner to withdraw Petition R-86-lC, for the Trails of Quail Run. Page 10 ~OOK 094 FJ7. 562 .' '''--"''''''-'''''"'''-''"''~''~''''''''''~-''-'''"'''","....,- '~'''''-';q..>~-"" IDOC 094 PA~ 563 June 3, 1986 Commissioner Voss moved, seoonded by Commissioner Has.e and carried unanimously, that the Petitioner be allowed to withdraw Petition R-a6-1c, Trails of Quail Run. ..... Rece.s. 10.20 A.M. - Reconvened 1 10125 A.M. ..... Item '7 RESOLUTION a6-10r RE PETITION AV-86-006, STEVEN R. THOMPSON, VACATING A PORTION OF A 10 FOOT DRAINAGB BASEMENT ON LOT 4, BLOCK D, LAKEWOOD, UNIT 4 - ADOPTED Legal notice having been published in the Naples Daily News on May 18, and May 25, 1986, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition AV-86-006, filed by Steven R. Thompson, requesting vacation of a por- tion of a 10 foot drainage easement on Lot 4, Block D, Lakewood, Unit 4 to clear the cloud on the title. Public WorKs Administrator Kuck stated that "Letters of No Objec- tion" have been received from all the pertinent utility companies. He noted that the Water Management Advisory Board approved the petition and has determined that the vacation will not interfere with the drainage, adding that Community Development has reviewed the petition and has no objections. He stated that a one story C.B.S. structure was built 2.4' into an existing 10 foot drainage easement, causing a cloud on the title. He noted that the petitioner has submitted a hold harmless cl~use which was reviewed by the County Attorney and will release the County's liability for damages resulting in the future maintenance of the remainder of said easement. Page 11 - - - -----,-,""-~-,.,- - - .. ¡'.' ~, ') .', ., , ..~' '-"\. .... '.... ";,: " - ~: .' "',,~. -.. ~~", "'. . ~' I' ~;",,·,·,~'1' June 3, 1986 Commi..ioner vo.s aoved, .eoonded by Commi.sioner Holland and carried unaniaou.ly, that the public hearinq be clo.ed. Commi..ioner Voss moved, .econded by Commis.ioner Hasse and carried unanimously, that Re.olution 86-100 re Petition AV-86-006, steven R. Thompsc,n, vaoatinq a portion of a 10 foot drainaqe ea.ement on Lot 4, Block D, Lakewood, Unit 4, to clear the cloud on the title be adopted. c:;:. " '" .. ("C = f'J' ".~ ~ '''e .....:t".,'¡:. ·¡,::C.~L.i ì" I·.... "',, "f" i ¡. . , .' '.,. ..' .. ... - ~.., .. \ .,..... "'fI'" '. ·'(n~,;.,. (;j 1;:1..< ("(;J. i ; ,,; '. ~ .() s~ <:: Page 12 ~I)ÐK 094f~;.{56! ::> '.fCE "·~..."_·...,_·_,..____._...",w.'.·,·,·~"",. "~,..,,._ "'''''''_'~'.'"~','''_'''''~'''.._",.,,',,"",.,"_., ~ ;.' rt " J ;<1 ~".' T'I r' -~--'-'''~'''''--''''"""'''''.'~-'''''-''-''''''''""''~._' 094,.~571 June 3, 1986 Ite. f8 CONSULTING ENGINEERING SERVICE AGREEMENTS WITH THE FIRMS OF HOLE, MONTES' ASSOCIATES, INC.1 AGNOLI, BARBER, , BRUNDAGE, INC.: AND WILSON, MILLER, BARTON, SOLL , PEEX, INC. FOR CONSULTING , DESIGN RE POUR-LANING OF C.R. 951, RADIO ROAD, , RATTLESHAXE HAMMOCX ROAD _ ADOPTED Public Workb tdministrator Kuck stated that this item is to exe- cute engineering ~ervice agreements with Hole, Montes & Associates, Inc; Agnoli, Barber & Brundage, Inc.; and Wilson, Miller, Barton, SolI & Peek, Inc. for professional consulting and design services for the future four-laning of C.R. 951, Radio Road, and Rattlesnake-Hammock Road. He noted that on November 26, 1986, the Board prioritized a listing of recommended engineering consultants for three roadway design projects and authorized the Transportation Department to nego- tiate design contracts for said projects. He noted that Hole, Montes and Associates, Inc. were selected for the design of approximately 6 miles of C.R. 951 between 23rd Avenue S.W. and Immokalee Road, noting that the total lump sum contract negotiated is in the amount of $277,700 for the road design and the contingency amount if required for the design of three bridges is in the amount of $51,500 for a total proposed contract price of $329,200, which would represent 7.2% of the estimated construction cost for this project. He noted that Wilson, Miller, Barton, Soll & Peek, Inc. were selected for the design of approximately 3.87 miles of Rattlesnake Hammock Road between U.S. 41 and C.R. 951 with the total lump sum contract being negotiated for $268,175 which would represent a fee of about 8.61% of the estimated Page 13 - - June 3, 1986 construction cost. He noted that Agnoli, Barber, & Brundage, Inc. were selected for the design of approximately 4.45 miles of Radio Road between Airport Road and Davis Blvd. with the total lump sum contract being in the amount of $277,342 which represents about 9% of the esti- mated constructi~n cost. He noted that the proposed expenditures for the design contr~·;L is budgeted in the current operating budget using gas tax revenues. He stated that it is his recommendation that the Board approve the final negotiated contracts with the above referenced three firms. commissioner Voss mov.d, s.cond.d ~y Commissioner Holland and oarried unanimously, that consultinq Bnqine.rinq S.rvioe Aqr....nts ~e exeouted with the firms of Hole, Montes' Associat.s, Inc., Aqnoli, Bar~er, and Brundaq., Inc., and Wilson, Miller, Barton, Soll, , P.ek, Inc. for professional ccnsultinq and d.siqn s.rvio.s pur~uant to the future four-laninq or C.R. 951, Radio Road, and RattleB~ake Hammock Road, respeotively. . ~ , ¡. Page 14 &OO( 094f.~~.t572 .. ~;< ",,\ . ~- L;; ~ 094 'ACt 739 June 3, 1986 I tell It BUDGET AMENDMENT TO ALLOW FOR PAYMENT FOR OUTSIDE ATTORNEY FEES TO KARON, MORRISON AND SAVIKAS IN THE AMOUNT OP $18,749.73 - ~PPROVED Utilities Administration Director McNees stated that this item was continued from last week to allow the Commissioners an opportunity to review the appropriate back-up material which had been provided, -, adding that he i~ requesting a budget amendment to 8110w for payment of outside attorney fees to the firm of Karon, Morrison & Savikas for services rendered in reference to litigðtion with the East Naples Water System. H~ stated that the budget amendment is in the amount of $18,749.73. County Attorney Cuyler stated that there will be another invoice, noting that this invoice is through the end of March 31, 1986. Commissioner Holland stated that the break-down was quite detailed and shows the information he was looking for. commis.ioner Holland moved, seoonded by Commissioner Hasse and carried un~nimouøly, that the budqet amendment to allow for payment for outside attorney fee. to ~aron, Morrison and savikas in the amount of $18,749.73 be approved. Itell no GROWTH MANAGEMENT COORDINATOR, SECRETARY II, PLANNER I AND PLANNER II POSITIONS ESTABLISHED FOR THE GROWTH MANAGEMENT ACT SECTION AND AUTHORIZATION TO NEGOTIATE WITH THE MOST QUALIFIED CONSULTING FIRM TO DEVELOP THE CAPITAL IMPROVEMENT ELEMENT OP THE GROWTH MANAGEMENT ACT AND TO BE BROUGHT BACX TO THE BCC ON JUNE l7, 1986 - APPROVED County Manager Lusk stated that he is requesting $46,034 to create a Growth Management Section, which is the beginning of the County's Page 15 - - - '.... " """...\ , ',,~ , June 3, 1986 response to the Growth Management Act that was passed last year. He stated that the Comprehensive Plan is going to have to be rewritten by December, 1987. He noted that there has been discussion that the datp. may be moved up by the Legislature, but he is not sure of that. He stated that the $46,034 expenditure is only the beginning, noting that he will be back at budget time to fund this through October for the next fiscal year. He stated that this money is needed to get started and it is important that the County start now. He stated that he would like to create a Growth Management Section as he would like to be able to identify the money that is being spent on the Growth Management Act. He noted that he would like to have a Growth Management Coordinator that would be over that section, as well as two planning positions, and a secretarial position for the rest of this year. He stated that the Growth Management Act is something that the County will be involved in for 18 months, adding that he does not want to see the County hire 18 or 20 people and then have to lay the people off. He noted that he would like to use as many consultants as possible because they prepare the contract and then they are gone. He noted that part of the money that he is asking for is to hire the first consultant that will be doing the CIP process, which will turn into the Capital Improvement Element in the plan, noting that of the $46,000, this will cost about $21,000 and $25,000 will be for the positions that he will fill. In'answer to Commissioner Pistor, Mr. Lusk stated that once the service levels are set, they will be funded as it is mandated. He !DDtC 094 PAr,t 740 Page 16 [1'-,,1 -"....-,"-,'-_._"_...~~.~-_--._,""........"._._- ~- .........,...".-_.... Ion 094 'ACE 741 June 3, 1986 . , stated that he is referring to Capital Improvements such as roads, parks, and utilities, and other parts of the plan are goals, such as affordable housing. He stated that there will be problems, but it is something that the County is going to have to live with because it is not going to get repealed. Commissionet Holland questioned if the State has set down the guidelines and has the Region approved it to activate the Plan, to which Mr. Lusk stated that they have set down enough guidelines for the County to get started. Mr. Lusk stated that if the County does not get started now, they will have èifficulty meeting the time schedules. He stated that it is known that a Capital Improvement Element will have to be made, as well as an inventory of the infrastructures, and to pick levels of services which will take close to 16 months. He stated that the if the State changes their rules, there may not be enough time, and if the County waits until everything is finalized, the plan will not be ready by December, 1987. Commissioner Holland stated that he has been told that the State has not finalized the rules or guidelines that go to the Region to be approved and then to the Counties, to which Commissioner Pistor stated that it will be finalized by the end of the week because all the rules from the Regional offices have been sent to the State. Mr. Lusk stated that no matter what the rules are, the County will be required to have a Capital Improvement Element and a Land Use Map, Page 17 - - - June 3, 1986 which is what needs to be worked on now. Tape '4 Planning/Zoning Director pettrow stated that what is before the Senate now and the Committee is the proposed rules and some of the changes that they are pondering and by the end of this week or next week, they are supposed to finalize the rules to make them formal. He stated that the rules, the funding, and the time limits have been put forth, but they can still be altered at this point. In answer to :ommissioner Holland, Mr. pettrow stated that the County has a I.and Use Plan that is general in nature, adding that the legislation that took place last year, the Growth Management Act, completely overturns that and requires the Counties to have a more specific plan and locks each county into a hard Capital Improvements Program where one element looks at another, and five and ten year scenarios are locked into with regards to spending on those project to keep up with the Capital facilities. He noted that it is a totally different application of capital improvements. commissioner Voss moved, seconded by commissioner Holland and carried unanimously, that the Growth Manaqement Coordinator, seoretary II, Planner I and Planner II positions established tor the Growth Manaqement Act section be approved and authorization qranted to nego- tiate with the most qualified consultinq firm to develop the Capital Improvement Element ot the Growth Manaqement Act and to be brouqht baok to the Board on June 17, 1986. Page 18 BOOK 094 PAr.t 742 aDOK 094 pm 743 June 3, 1986 It.. 111 SPECIAL MEETING OP THB BCC TO BB HELD AT 4.00 P.M., THURSDAY, JUNE 5, 1986, FOR DAVE FISCHER, YINANCIAL ADVISOR, TO GIVE A PRESENTATION ON THE REFUNDING ISSUE - APPROVED County Man~ger Lusk stated that he spoke with Mr. Fischer the pre- vious day with regards to the sales tax refunding, adding that a couple of weeks ago there would have been a present savings of $1.2 million. He stated that if the County went to market this date, there would be a $1 million present savings because of the bond markets going up. He stated that Mr. Fischer is trying to speed this process up and he hopes to go to market by Thursday and come back to the Board on said date with an interest rate. He stated that he is asking for a special meeting to be held on Thursday, June 5, 1986, at 4:00 P.M. for Mr. Fischer to give a presentation on accepting a refunding issue. He stated that if the market continues to deteriorate, there may not be.a need for a special meeting because Mr. Fischer will not go to market. Commissioner Voss moved, seconded by Commissioner aoodniqht and carried unanimously, that a Special Meetinq of the Board be held at 4:00 P.M., Thursday, June 5, 1986, for Dave Pischer, Financial Advisor, to qiv. a pre.entation on the refundinq i..ue it necessary. County Manager Lusk stated that he may know before Thursday, adding that if the interest rates gets bad, he will talk with each Commissioner. (No meetinq was held on June 5, 1986 for this purpose) Page 19 - - - June 3, 1986 It.. 112 AGREEMENT WITH THE ~AX COLtECTOR FOR RECORDING AND COLLECTION OF WA~ER AND SEWER SPECrAL ASSESSMENTS - APPROVED Assistant ~ounty Attorney Anderson stated that this is an agreement be: ween the Board, the Clerk, and the Tax Collector to proX~'-(I;:.. ,''''. . -.. for recording and collection of water and sewer special assessments~ ,,; . He noted that the agreement will bring the various CountY'Water/Sewer Districts into f~ll compliance with the Statute governing collection of water and sewer special assessments. He stated that there are some that are past due and new bills will be sent out in September, adding that the Statute requires that the Tax Collector collect special assessments, which has never been done. He stated that in the Fall, he will be coming back for direction to institute foreclosure pro- ceedings on all special assessments that are past due. He noted that the St!tutes require that the County Attorney be directed to begin foreclosure proceedings on past due special assessments. In answer to Commissioner Pistor, Flscal Officer Giles stated that up to now the Clerk's office has collected and a section of the Statute states that the Tax Collector shall collect instead of the Clerk. Commissioner Holland questioned how many bills there are a year, to which Fiscal Officer Giles stated that it is several thousand a year. Commissioner Holland questioned if this will put the Tax Collector in a position where he will have to have additional help in order to handle this or will it allow the Clerk's office to drop some people? Page 20 &OOK 094 P1Gt 744 __,__"e~ "~'''''''',"''','N'_'''''__~__ _._".".,'"',.,_,-..-_..,."..........,.-....."..."",_,,~..".._",... 094 'ACt 745 June 3, 1986 Fiscal Officer Giles stated that the Tax Collector feels that he will have to buy additional computer hardware that will cost about $35,000 and in the future there will be a 2% fee charged for the pro- cessing and collection. He stated that with regards to the Clerk's office, there are still assessments on road projects and there is a regular collection process, adding that it may cut out a couple of hours a week, but that is about all. commis.ione~ Holland moved, seconded by commissioner Voss and carried unanimously, that the Aqreement with the Tax Collector tor reoordinq and collection of Water and Sewer Special Asse..ments be approved. I," '-": (',;\' Page 21 - - - """"_~"'-"""_"'__.;".""___'''''''''_'''''_''','''·<a~."".'·~"'_''''.,*""""",....".,.",.. lOOK 094 PAGt 749 June 3, 1986 Ite. 113 CHAIRMAN TO DESIGNATE TWO COMMI3SIONBRS, THE COUNTY ATTORNEY, A REPORTER, AND STAPP TO GO TO TALLAHASSEE TO TALK TO D.O.T. AT A DATE TO BE DETERMINP,D REGARDYNG THE I-75/ALLYGATOR ALLEY YSSUE - APPROVED Commissioner Pis tor stated that County Attorney Cuyler went to Tampa last w~ek rcgarding the four-lanin~ of I-75/Alligator Alley and has been asked to give a report on this matter. County Attorney Cuyler stated that he is asking for Board direc- tion with regard to a possible option that was presented at a meeting that he was had with Kenneth Tallsamack, who is the Bureau Chief and in charge of all the right-of-way acquisition for the state of Florida. He stated that an option was that the Board should travel to Tallahassee to meet with the Secretary of the Department of Transportation, a Federal representative, and other individuals that could discuss the matter. He stated that he needs direction to determine whether or not to coordinate with these people to do this. He stated that the meeting was being discussed for the week of June 9, 1986. He stated that it is not necessarily that any answers are going to change, noting that he received an answer from the D.O.T. indi- cating that they would like to cooperate with the County but they are prohibited from doing so because of the funding mechanism and the Environmental Impact Statement that they are dealing with. He stated that they indicated the Board's concerns about the situation and the concerns of the people that live in the area and they wanted to give the Board the option of talking to their superiors about it. Page 22 - - - ^-"",,-----,... .."_M.·..._'_n_______"'....~'"'.····"...^,·~~,...'_··__·,·.._·____' - - - June 3, 1986 Commissioner Pistoc questioned if the County Attorney sees any benefit from some of the Commissioners flying up to Tallahassee for this meeting, to which Mr. Cuyler stated thet he does not think that the Board is çoing to swey the Department of Transportation to a dif- ferent position, out he thinks that the Commission should go and it would impress upon Tallahassee that their is definite concerns regarding this m~tter. Commissioner Holland stated that there is doubt in a lot of people's mind ebout the land that was donated to the County end in turned donated to the State for right-of-ways inasmuch as there were certain locetions that were designated for ingress and egress, adding thet rather than the County being liable for anything, the State should be liable and he does not believe that it would hurt to send a couple of Commissioners, the attorney, a reporter, and Mr. Archibald to Tellahassee to bring back first hand information on this matter. commissioner Voss moved, seoonded by Commissioner Goodniqht and carried unanimously, that the Chairman desiqnate two Commissioners, the county Attorney, Staff and a reporter to qo to Tallahassee to tal~ to D.O.T. repre.entatives on a date to be determined later. Itelll 114 ROUTINE BILLS - APPROVED FOR PAYMENT pursuent to Resolution 81-150, the fOllowing checks were issued. , through Friday, May 30, 1986, in payment of routine Billsl CHECK DESCRIPTION CHECK NOS. Vendors 143830 - 144082 AMOUNT $687,289.97 Page 23 aDDK 094 PACt 750 --""'....""-,;~-,........... : UOK 094,ACt 751 June 3, 1986 BCC Payroll It.. US BUDGET AMENDMENTS 86-290/293 AND 8S-296/297 - ADOPTED 029873 - 030479 $394,849.45 commissioner Voss moved, seoonded by commissioner Hasse and carried unanimously, that Budget Amendments 86-290/293 and 86-296/297 be adopted. ne. U6 DISCUSSION REGARDING RESOURCE RECOVERY BONDS UNDERWRITERS - DEPERRED UNTIL AFTER STATES ATTORNEY'S OPPICE H~S H~D A CHANCE TO INVESTIG~TE Commissioner Pistor stated that in the past few weeks he has had considerable comments about financing the underwriters of the Resource Recovery Bonds and all the documcntation that he has received has been turned over to the States Attorney, adding that a request has been made by former County Attorney Saunders that the States Attorney investigate the matter and the States Attorney has told him that unless the Board makes a motion to that effect, there is little proba- bility that the investigation will occur. He stated that he has a letter from PaineWebber describing their feelings about the under- taking. He noted that he would suggest that rather than have a lengthy discussion at this time, that he would suggest that the States Attorney check into the matter, and until that has been done, he would suggest that there be no discussion. Mr. Saunders stated that he has a letter that he would like to introduce into the record (~~t received in office of Clerk of the Page 24 - - - <-'~"''''__,,,__,''''14 ..... __,",,,~o~__""__'~'''''_''"''''''''''_'_ " June 3, 1986 Board) which is the letter of transmittal of information to the State Attorney's office, adding that the letter reflects that he spoke with the State Attorney some six wecks ago concerning this item and transmitted information to him at that time. Commissioner Pistor stated that he talked with the State Attorney and he knows that all this information has been sent to him and the State Attorney said for him to do anything àbout it, it requires some indication of desire by the Board. commissioner Voss moved, second.d by commissioner Hasse and oarried unanimously, that this matter be deferred until the Board hear~ tro. the stat.. Attorney. Mr. Saunders stated that the information has been turned over to the State Attorney's office and he has been advising this Board and the public that there was no wrong doing and he is confident tl.ðt the State Attorney's office will find such when they have ,completed their investigation. He stated that he appreciates the Board's courtesy in holding off on comment until the States Attorney has completed his investigation. **Letter was received on 6/l7/86. See Pages~~.¡r~~. Item 117 WOR~SHOP TO BB HELD ON JUNE 4, 1986, AT CITY HALL WITH CITY COUNCIL AND BCC WITH REGARDS TO SCHOOL BOARD'S FIVE' YEAR PLAN Commissioner Pistor stated that recently the County Manager and himself had a meeting with the Mayor, the City Manager, and the Chairman of the School Board and it was decided that there would be a Page 2S BOOK 094 PAGt 752 'r. ~.'" 094 .",753 June 3, 1986 ..etinq on June 4, 1986, at 2100 P.M. at city Hall with the School Board .taff qivinq a pre.entation to the city Counoil and the commissioners on the School Board's five year plan. Item U8 EXPENDITURE OP ~~MAINING 302 CIP FUNDS ALLOCATED TO ELECTIONS FOR THE ~CQUISITION OF A GANG MASK PUNCH - APPROVED Commissioner Pistor stated that Supervisor of Elections Morgan would like approval to purchase a gang mask punch to make it possible to punch the ballot sheets without having to do them separately. Tape till commiftsioner Goodniqht .oved, seoonded by commissioner Holland and carried unanimou.ly, that the expenditure ot the r.maininq 302 CIP Funds be allocated to Elections for the acquisition ot a qanq mask punch be approved. ..... commis.ioner Voss moved, .econded by Commissioner Goodniqht and carried unanimously, that the followinq items under the Consent Aqenda be adopted and/or approved: ..... Ite. U9 BUDGET AMENDMENT IN THB AMOUNT OF $35,000 TO ACCOMPLISH THE CLOSURE REQUIREMENTS OF EUSTIS STREET EXTENSION SANITARY LANDFILL IN IMMOKALEE Item 120 FISCAL OFFICE INSTRUCTED TO PAY GULFSTREAK PUMP' EQUIPMENT $6,889 AND SUNNYGROVB LANDSCAPING $11,500 Item 121 RENTAL LEASB WITH HERTZ FOR JOHN DEERE 570 MOTOR GRADER AT NAPLES LANDFILL EXTENDED 30 DAYS FROM JUNE 5, 1986, TO JULY 5, 1986 Item 122 Page 26 - - - - June 3, 1986 APPROVAL OF FINAL PLAT OF THB COTTAGES - CONSTRUCTION , MAINTENANCE AGREEMENT - SUBJECT TO STIPULATIONS l. That the final plat not be recorded until the required improvements have been constructed and accepted or until approved security is received. See Pages ?t.3 - 7~ Item 123 CURRENT CONTRACT WITH AIRPORT TIRB COMPANY EXTENDED TO MARCH 30, 1987 Item U" RIGHT-OF-WAY AGREBMENT BBTWEBK THB BCC AND RUTH S. PAASCH FOR WIDENING OF S.R. 951 BBTWEEN U.S. ..1 AND MARCO ISLAND See Pages 7~6 -7h'i' Item 125 RIGHT-OF-WAY AGREEMBNT BETWEEN THE BCC AND FLORIDA POWER , LIGHT COMPANY FOR WIDENING OF S.R. 951 BETWEEN U.S. 41 AND MARCO ISLAND See Pages 7~9.. 7?Þ_ Item 126 BID '86-967 FOR PARK MAINTENANC¡ EQUIPMENT - AWARDED TO WBSCO-ZAUN, IN AMOUNT OP .....,619 Legal notice having been published in the Naples Daily News on April 18, 1986, as evidenced by Affidavit of Publication filed with the Clerk, bids were received for Bid 186-967 for park maintenance equipment until 2:30 P.M., May 2, 1986. Item 127 j,:' WATER FACILITIES ACCEPTANCE OF LELY ESTATES SEWAGE TREATMENT PLANT WATER MAIN EXTENSION - SUBJECT TO STIPULATIONS 1. That all legal documents are found to be legally sufficient by the County Attorney. aOOK 094 PAGE 754 Page 27 ,><~",-,_.""",----",""-,--<..,...".,".,, lOOK 094 'Act 755 June 3, 1986 2. The rights-of-way for Maintenance Shop Road must be formally accepted by the County. See O.R. Book 1199, Pages 000623 - 000638 Item 128 AGREEMENT BETWEEN BCC AND ROBERT H. JAEGER, TRUSTEE, DEVELOPER OF JAEGER PUD, TRACTS A AND B, RE INTERIM ON-SITE SEWAGE TREATMENT FACILITIES - str IJECT TO STIPULATION 1. The Agreement documcnt is found to be legally sufficient by the County Attorney for acceptance by the Board. See Pages '7'71- 'l?r Itea 129 BUDGET AMENDMENTS IN AMOUNT OF $310,000 FOR 1985-86 INSURANCE PREMIUMS Item 130 CHAIRMAN AUTHORIZED TO SIGN A PREVIOUSLY APPROVED GARAGE, EQUIPMENT, AND VEHIC~E LEASE WITH ARA MANAGED LOGISTICS SYSTEMS See Pages ? f'tJ.. ?f3 Item 131 COUNTY PROP~RTY (UTILITIES DIV.) DECLARED SURPLUS AND PURCHASING DIRECTOR AUTHORIZED TO ATTEMPT TO SEL~ SAME Item 132 CBRTIFICATES POR CORRECTION TO THE TAX ROLL AS PRESENTED BY PROPERTY APPRAISER'S OFPICB 1985 TAX ROLL 199 5/30/86 1985 TANGIBLE PERSONAL PROPERTY 1985-178/1985-184 5/20/86 - 5/22/86 Item 133 EXTRA GAIN TIME FOR INMATB NOS. 50834, 47787, 43378, 41915, AND 38417 Page 28 - - - - - - June 3, 1986 Ite. 134 MISCELLANEOUS CORRESPONDENCB - PILED AND/OR REFERRED There being no objection, the Chair directed that the following correspondence be filed and/or referred to the various departments as indicated below: 1. Letter dated May 12, 1986, from Tom Lewis, Jr., AlA, Architect, Department of Community Affairs, enclosing a sample copy of Resolution proclaiming the week of May 22-29, 1986, as "All American Buckle-up Week" and requesting that Collier County issue a similar proclamation. xc: Filed. 2. Letter dated May 15, 1986, from Elizabeth M. Hamilton, Chief, Bureau of Community ^ssistance, advising that the 1986 FL. Legislature is currently reviewing the CDBG program and proposing amendments, copy of House Bill 951 enclosed for County's review of changes. xc: Pam Brangaccio, Vickie Mullins, Filed. 3. Letter dated May 22, 1986, from O. M. Brooks, Director, Division of Housing & Comm. Dev., enclosing a copy of a U.S. Dept. of Housing & Urban Development (HUD) news release dated April 29, 1986, regarding the FY '86 rounds set for the Urban Development Action Grant (UDAG) Program. xc: Pam Brangaccio; Vickie Mullins; Fil~d. 4. Letter dated May 22, 1986, from James F. Murley, Director, Division of Resource Planning & Management, inviting staff to a workshop being held in Ft. Myers on June 5, 1986, at the Ramada Inn, regarding Platted lands. xc: Pam Brangaccio; Vickie Mullins; Filed. 5. Notice dated May 22, 1986, correcting May 22, 1986, letter regarding workshop on Platted lands. Workshop to be held on June 4th, not June 5th. xc: Pam Brangaccio; Vickie Mullins; Filed. 6. Preliminary Notice dated May 15, 1986, to Bunn Construction and Collier County BCC informing them that Francine Wilenius, Agent for West Coast Industries, Inc., has furnished concrete, block and other related building materials for the improvement of property at 1900 Immokalee Road. xc: Tim Vanatta; Filed. 7. Memorandum dated May 19, 1986 from Virgil Choate, Department of Corrections, attaching corrected page for Collier County BODK 094 P~r.r 756 Page 29 lOOK 094 PACt 757 I j I June 3, 1986 Stockade's April 30, 1986~ follow-up inspection. xc: Filed. 8. Letter dated May 22, 1986, from Douglas L. Fry, Environmental Supervisor, DER, enclosing short form application (File No. 111200965, and 111199955), which involves dredge and fill activities. xc: Vickie Mullins; Dr. Proffitt; Filed. 9. Memorandum dated May 21, 1986, from James C. Giles, C.P.A., to Frederick J. Voss, regarding Calculation of Cost to Purchase East Naples Water Systems, Inc. xc: Lori Zalka; Filed. 10. Letter dated May 16, 1986, to James C. Giles, C.P.A. from M. Bruce Daiger, Corporate Trust Officer, Sun Bank, enclosing a check in the amount of $116,010.67, representing interest earnings of U.S. Treasury Notes SLG's which are needed for Escrow Fund, and should be deposited to the Water-Sewer District's Revenue Fund. xc: Lori Zalka; Filed. 11. Letter dated May 20, 1986, from Frederick Allen Garcia to BCC regarding Claimants: Chester Tyron Heiser and Research Reports, Inc. for claims for acts or omissions of deputies of the office of the Sheriff of Collier County, occurring on or about May 16, 1986. xc: Sheriff Rogers¡ Ken Cuyler; Sherry. Rynders; Filed. 12. Received Final Order of Dismissal on May 27, 1986, from Land and Water Adjudicatory Commis~i~n re FLWAC Case #86-3, Southwest Fl. Regional Planning Council, Petitioner, vs. Collier County BCC and Pine Air Venture, Inc. xc: Pam Brangaccio; Vickie Mullins; Filed. 13. Minutes received: A. Library Advisory Board, 4/24/86 B. Big Cypress Basin Board, 4/25/86. C. PSC - Notice of Staff workshop on 5/21/86, Tallahassee. D. PSC - Notice of Hearing on 7/8/86, Tallahassee in Docket Nos. 820467-TP, 830064-TP, 830365-TP, and 850153-TL. 14. Received on April 11, 1986, Palmer Cablevision Annual Report for 1985. xc: BCC; filed. 15. Copy of letter dated May 21, 1986, to Virgil Choate, Correctional Internal Inspector, from Deputy Chief Lou Gibbs, Sheriff's Department, advising that corrective action has been taken regarding lack of emergency powcr in Inspection Report Dated April 30, 1986, Collier County Jail. xc: Don Lusk; Filed. Page 30 - - - ,-,-"".,..,.,.",- IE a6vd B,ÇìL hfd ,v.60~o~ '+I 7/'.1'/ 'l'y:' uc ",,~ ..^.s..lf '. .' ".'.9". ...... ", ;þ pa~oa3300 8V 30 L .'pe~ÙÐSa~~ ~V, . ' ,e '4'1 ' ", __ i pnOa el ~ };q paM dv Ilq~ri~TÎII' e8ál ~ :::, . Yó'~' ~':'~~&":'. . ""/I"" ".'" ..... , WC""\i!:> ..' J.U ;,#1 XH~~~ 'NVOV~H ·r··HVI~~IM :.LS~.r..tV NVWHIVH~ 'HO.LSld ~~. '13 ~OH.LNO~ SoLI H~aNO SoL~IHoLSla ~VI~~dS ~O (S)aHVOa ONINH~^OO OI~I~~O X~/S~V~ddV ONIN02 ~O aHVOa /SH~NOISSIWWO~ ^.LNOO~ ~O aHVOa ·3Tvl ~ el ~ 10 3ep30 };q 'W'V StItt ~v pau3noÇpv 8V~ 6uT~aaw el ~ '};~uno~ al ~ 10 pooo al ~ 30] 88auTsnq 3el ~3n1 ou 6uTeq a3el oL ... 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