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BCC Minutes 02/11/1986 R F, - - - I " , I .1 ¡ '" 'i ...~, ~ J I Naples, Florida, Fehru~ry 11, 1986 LET IT BE REHEM8ERED, that the Board of County Com~i.sioners in and for the County of Collier and also acting as the Board of Zoning Appeals and as the governing boardes) of such special districts as have been created according to law and having conducted business herein, met on this date at 9rOO A.M. in Regular Se.sion in Building "P" of the Courthouse Complex, East Naples, Florida, with the following me.bers present I CHAIRMANr John A. Pistor VICr. CHAI RMAN I Anne Goodnight Frederick J, Voss Max Hasse /: C. C. "Red" Hollan~^ ". ALSO PRESENT. Willia. J. Reagan, Clerk; James C. Giles, Fiscal Officer; Maureen Kenyon, Deputy Clerk; Burt Saunders, County Attorney; Neil Darrill, Assistant County Manager; Pam Brangaccio, Deputy;. Assistant County Manager; Vickie Mullin., Community Development Administrator; David Pettrow, Zoning/Planning Director; Ann McKim, Planner; Tom Crandall, Utilities Administrator; Tom Ruck, Public Works Administrator; Tim Vanatta, Parks & Recreation Director; Mark Thiel~, Purchasing Director: Pat Carroll, Real Property Manager; Sue Filson, Secretary to the Board; and Deputy Chief Ray Barnett, Sheriff'. Department. ". j r ".> I , ' ';' ¡ ," ", ·5t; fiJI", i ,~,*..'.(\t~.: [ "þ'F ,~ì1~; , ,;, ~ ~ I .r I .'~ 'I :.:.... I , ~ I '" ~,; aOOK (]fJ~PAGtjl~¡r. Page 1 /' .. .. ',', - ". ¡ " Pebruary 11, 1986 '. '¡"·i , Tape .1 Ite. U AGENDA - APPROVED WITH CHANGE Commissioner Holland .oved, seconded by Co.missioner Hasse and carried unanimously, that Ite. 10El be continued for one week. Commissioner Voss moved, seconded by Commissioner Hasse and carried unanimously, that the agenda be approved with the above- referenced change. Item '2 MINUTES OF REGULAR BCC MEE'1'ING OP JANUARY 21, 1986 - APPROVED Commissioner Voss aoved, carried unanimously, that the January 21. 1986, be approved Ite. '3 seconded by Commissioner Rasse and " minut.s of the regular Board meeti~ of as presented. ". BECKY WINANS RECOGNIZED AS EMPLOYEE OP THE MONTH POR PEBRUARY, 1986 Commissioner Pistor recognized and presented Ms. Becky Winans a plaque as "Employee of the Mont~" for February, 1986. Ite. '4 EMPLOYEE SERVICE A1Ø.RDS Commissioner Pistor presented Employee Service Awards to the following employeesr Nery R. Anderson, Building Department Mark Thiele, Purchasing Department lO years 5 years It.. .5 RESOLUTION 86-21 RE PETITION AV-86-001. BRUNS AND BRUNS RE VACATING '1'Hl!: 6 POOT SIDE EASEMENTS LOCATED ON LOTS 8 THROUGH 11, BLOCK 72. GOLDEN GATE, UNIT 2 - ADOPTED Legal notice having been published in the Naples Daily News on January 26, 1986, and February 2, 1986, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition AV-86-001, filed by Bruns' Bruns. requesting a vacation of the six foot side e~sements on Lots 8 through ll. Block 72, Golden Gate, Unit 2, so petitioner may build across and up to interior side ,.~ lot lines. Public Works Ad~inistrator Kuck noted ObjectionW have been received from all the indicated that the Engine~rini Cepartment, JO; 092I\tr~153 that letters of "No utility departments. He Water Management Department page 2 ': "J :.,.,. '-. MK 09~p.vJ.:154 '. ' and Com~unity Development Department have no objection. Co..issioner Voss moved, seconded by Commissioner Hasse and carried unanimously. that the public hearing be closed. Com.issioner Voss aoved, seconded by Commiesioner Haes. and carried unanimouSly. that Resolution 86-21 re Petition AV-86-001. Brune , Brune re vacating the 6 foot ease.ents located on lots 8 through 11, Block 72. Golden Gate, Unit 2. be adopted. February 11, 1986 have reviewed the petition and , . - "'''-'-''"-, .. .... f . . J " . , )' ' Page 3 ). .. .. .. ...... ··.,.,..c~__..."...,_"...___,_ - ", ~ I .J. .. '¡;; 092~~156 February 11, 1986 It.m '6 RESOLUTIOR 86-22 RE PETITION FDPO-86-V-l, VANDERBILT BEACH MARINA. RE ~ VARIANCE '1'0 EMPLOY A LESSER DEGREE OF FLOODPROOPIRG OR PROPERTY 1.'1' 179 COMMERCE STREET, VANDERBILT BEACH - AOOPTEI> '. ,. Legal notice having been published in the Naples Daily News on January 26, 1986, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition FDPO-86-V-l, filed by Vanderbilt Beach Marina, requesting approval of a variance to e~ploy a lesser degree of floodproofing than that normally required by the Flood Damage Prevention Ordinance on property described as 179 Commerce Street, Vanderbilt Beach. Planning/Zoning Director pettrow stated that a prospective builder of a non-residential structur~ has, by right, the option of floodproofing it to a watertight standard as an alternative to elevating it above the lOO year flood plain, adding that by a letter dated 11/30/77, the Flood Insurance Administration indicated that in certain instances a variance could be granted to employ a lesser degree of floodproofing without subverting the goal. of the Flood Plain Management Program. He noted that to minimize the potential damage caused by the entry of flood waters, the owner, Vanderbilt Beach Marina, will elevate within the building all equipment and fixtures. He stated that the only activity below the base flood elevation will be the dry boat storage. He reported that the existing ground elevation at this time is 5.2' above sea level and the Flood Damage pcevention Ordinance calls for an elevation of 12' above sea level, adding that the building is constructed at 6' and the floodproofing requirement is going to be employed, but at a lesser degree. He noted that Staff has no objection. $ommis.ioner Vo.. aoved. seconded by Co..issioner Goodnight and carr~_d unanimously. that the public hearing be cl0.ed. Commissioner Goodnight moved. seconded by Com.issioner Voss and carried unanimously, that Resolution 86-22 re Petition FDPO-86-V-l. Vanderbilt Beach Karina, be adopted. '" ~: 'oJ .' f.J· . . I,' "'í Page 4 ., 1 I , J . .'}" " - - .. , " ;; OfJ2 PA'l. jl60 Item 17 WAIVER OF $750 PEE POR KINGDOM RAI.L OP ~OVAH'S WI'1'NESSES - DERIED February 11, 1986 Mr. Harry Good, Presiding Overßeer of Kingdom Hall of Jehovah's Witnesses, ntated that he applied for provisional use for a piece of property on 39th Street sometime ago, adding that because this was denied, he has acquired a different piece of property and he is now asking that the provisional use fee of $750 for the new piece of property be waived. Deputy Assistant Brangaccio stated that Staff's position is that when such a petition comes in, whether it was denied or approved, all the costs for that review are incurred by the County, addin9 that this pays for the advertising and the preparation time. She stated that since it is a petition at a different location, it will have to go through all phases of review, but the Board does have the option of waiving the fee. Commissioner Pistor aoved, seconded by Commi.sioner Vose and carried unanimously, that the waiver of the $750 fee for Kingdom Hall of Jehovah's Witnes.e. be denied. Item .8 "fþ" STAPP AUTHORIZED TO OBTAIN APPRAISALS AND SEI.L COUNTY LAND 1.'1' THE CORNER OP COLORADO AVENUE AND SECOND STREET IN IMMOKALEE; TO OBTAIN APPRAISALS AND NEGO'1'IA'1'E ACQUISITION ON PROPERTY LOCATED SOUTH OP AND ADJACENT TO IMMOKALEE COURTHOUSE ANNEX; AND BRING BACK PURCHASE AGREEMENT TO BCC Mr~. Pat Carroll, Real property Manager, stated that this item deals with the potential sale and acquisition of land in Immokalee. She stated that last fall Staff pursued the possible sale of land in Immok~lee, which was located at the southwest corner of Colorado Avenue "/ and Second Street and was originally purchased by the Board in 1950 for use as a Sheriff's su~station and retention area, adding that both facilities have since been relocated, leavin9 the land vacant. She stated that as part of staff policy, prier to askin9 for Board approval t? sell the land, she contacted all departments and constitutional officers to see if there was a use for the property. She noted that comments were received from Sheriff Rogers, Clerk Reagan and the P~rks , Recreation Department, noting that the comments were valid and they believed that the land should not be sold until other lands were purchÐsed or furnished for expansion of the Courthouse in Immokalee. She stated, therefore, that this issue was not pursued further until '" Page 5 .i 'r I , ;¡; , "t . - < ,";;""¡ - - , ~ ¡ I , · . I . f ~ '! . , . - , " , . I I ¡ ¡ .," ,.' . " " . '. , ' , I ,..-' ; - - , - '"~If' ~l"" í . ~ ! February 11, 1986 their concerns could be addressed. She reported that it has been brought to the COunty's attention that land south of and adjacent to the Immokalee Courthouse Annex is for sale and contains approximately 2.56 acres which would provide for future expansion of governmental facilities in Immo~alee. She stated that since the acquisition of the addition~l land aódressed the concerns of the above-referenced people, she feels that it is appropriate at this time, that the Board consider the sale of this land. She stated that Staff recommend~tion is th~t the Board consider the sale of the land at the corner of Colorado Avenue and Second Street; that the Board authorize st~ff to pursue negotiations with the owner of the land south of and adjacent to the Immokalee Courthouse Annex; and to approve an appraiser to apprai~e both lands, which will assist in the negotiations for the purcha,~ as well as for the sale of the property. She stated that if the County acquires the additional land, the revenue will not be taken from the General Fund, but from the Capital Improvement Program. Commissioner Holland questioned if there is any need or ~. justification in the purchase of the property adjacent to the present courthouse facility, to which Mrs. Carroll replied affirmatively, adding that she in the process of documentinq this and before a contract is presented to the Board, there will be a report as to the needs of each agency during the next 3 to 5 years in Im.okalee. Budget Director Zalka stated that there is an opportunity in the budget process to develop a capital budget, adding that there are five year plans based on an assessment of needs. which totals around $12 million and the funds are not available for all those needs, so each year priorities are set. She noted that she would propose that any· major purchase of land be determined during the budget process " sessions, adding that she would recommend that the land be sold and the' money put aside for future purchase, but not to buy the land until the budget process has been completed in ord~r to compare all the needs that are competing with each other. Commissioner Holland questioned how much of the money in capital improvements has been allocated, to Which Budget Director Zalka stated that all the money has been allocated, adding that there is a small . '~ reserve of less than $50,000 in 'case a project runs into a problem! but there is no excess money. Commissioner Holland stated that he could see the possible need for the land, but he is sure t~at the seller is not going to w~it to 'OOK (J!}~PA~tjlf)jl Page 6 'OK 092pm162 sell the property held. Commission~r Goodnight stated that there is another buyer for the property'but the COunty is getting first option on it, adding that the f," suggestion was maðe that any money that is made off the piece of land at Coloraðo Avenue be put into an account to help with any building that is going to be needed in Immokalee. She stated that she would like to see the properties appraised and negotiate with the present owner and then come back to the Board. Commissioner VO.. moved, seconded by Coaaissioner Has.e and , carrieð unanimously, that Staff be authorized to obtain appraisals and sell County land at the corner of Colorado Avenue and Second Street in Im~okalee; obtain appraisals and negotiate acquisition on property located south of and adjacent to Immokalee Courthouse Annex; anð to bring back a purchase agreement to the Board. Ite. .9 Pebruary 11, 1986 until July Or August when the budget hearings are CONCEPTUAL PLAN FOR ACQUIRING ECONOMIC DlWELOPMEN'1' TRA1ilSPOR'1'ATION PWDS TO CONSTRUCT AN ACCESS ROAD '1'0 SAN MARCO PA1Ut - APPROVED SUBJECT TO STIPULATIONS Public Works Administrator Ruck stated that the objective of this ite. is to approve the conceptual plan for acquiring Economic Development Transportation Funds to construct an access road to San Marco P~rk and approve the completion of construction plans for said .~ access road. He stated that the owner of a ten acre tract of industrial land located off U.S. 41 has requested that the BCC make application to the Department of Commerce of the state of Florida for acqui~ing Economic Development Transportation Funds. He noted that the I grant of these funds would be for the engineering and construction of an access road for the industrial land and certain other lands that were rezoned under Ordinance 78-61. He stated that the Department of Commerce, Chapter 8-6, Economic Development Transportation Fund has carta in funds available for construction of transportation facilities that are necessary for an industrial project, and funding for this type of project is contingent upon certaih special requirements of the local governing body as follows. the local governmental body must agree to accep~ the future maintenance of the proposed roadway; the local governmental body must certify to the State of Florida that all necessary permits required by the industrial ,facility have been granted; and the local governmental body is liable for cost overruns of Page 7 ',(Æ'" , .'P¥rt~:', ; - - - ~.I - - .. ,'.,( ~:'1: I "i . ;, February ll, 1986 the transportation proj~ct. He reported that the Engineering Depart~ent has reviewed the request for application and would recommend that the conceptual plan be considered for approval with the stipula- tion that the application for Economic Development Transportation Funds not be completed until all information has been submitted with appro- priate guarantees to protect the County's interests and that the construction plans meet the Engineering Department's approval. He reported that the fiscal impact on this project would be zero, adding that conceptual approval of the project is being requested and all engineering designs are being provided by the owners of the project. He stated that it is his recommendation that the BCC consider fori )' ". approval the conceptual plan as indicated ahove. Commissioner Pistor questioned the length of which Public Works Administratoc Ruck stated that over 700 feet long. Mr. Kuck stated that which will not be a major .. the proposed road, to the road is a little the COunty will take over the maintenance, impact. Tape .2 In answer to COmmissioner Pistor, Mr. Kuck indicated that if the Board decided to proceed with this project, the County will require a security bond to more than cover the cost of the improvements. In answer to Commissioner Hasse, Mr. Basick, the Petitioner, stated that there is a de-acceleration lane going into the Krehling redi-mix property which wo~!~ be extended, adding that he already has the permits for this. Mr. Kuck stated that these funds are only available to promote industrial and commercial to provide jobs for the community and the County, adding that the County has no control on how the grant money is made available. Commissioner Voss stated that the money will be used in another County if Collier County does not get it. Commissioner Holland stated that he agrees with Commissioner Voss, adding that it will not cost thé County anything and the money will be used to improve the area.".'!, COaaissioner Voss aoved, seconded by Coaais.ioner Goodnight and carried unanimously, that the conceptual plan for acquiring Economic DevelopDent Transportation Fundi to construct an acce.e road to Ban . a; OfJ2 PA~r 163 Page 8 .. >'~. ~ 092plQlß4. Pebruary 11, 1986 Marco Park be approved subject to the fttipulation that the application not be completed until all information ~s been submitted and the construction pl~ns meet the Engineering Department's approval. Item 110 ;.. ,. BID '86-932, GOLDEN GATE ESTATES CABAL ACCESS RAMPS - AWARDED TO APAC-FLORIDA, INC. 1M '1'HE AMOUNT OF $58,122 - APPROVED. STAPP INSTRUCTED '1'0 MONITOR ACCESS RAMPS Legal notice having been published in the 'Naples Daily News on January 10, 1986, as evidenced by Affidavit of Publication filed with the Clerk, bids were received for Bid '86-932, Golden Gate Estates Canal Access Ramps until 2r30 P.M., January 29, 1986. Public Works Administrator Kuc~ stated that the tabulation of the three bids received is attached to the Executive Summary and the low bid is considerably more than the budgeted amount, so Water Management staff prioritized the work required and based on strategic location of ramps, proposes a negotiated contract which is described in a depart- Dent memo. He noted that he originally too~ bids on 36 different locations and the low bid came out around $113,000. He stated that Mr. Boldt has prioritized the list and has come up with 17 locations that he is recommending and the cost of the ramps at those 17 locations is a little over $56,000. He stated that there is $45,000 budgeted in the 1981 Water Managœment Capital ImproveDent Fund and an additional $15,000 is available in the Cocohatchee Fund 325-113-2972. He noted tha t he.; would li Ice the Board' s feelings on letting the public use these '.. ramps for boat access for fishing purposes, adding that the County would assume additional liability and maintenance. He stated that he needs direction with regard to this matter. "'~ommissioner Holland stated that public would not really be kept I from using the ramps. Commissioner Voss stated that if the ramps are put in, it i. public' money being used, and therefore, the public should have access to it. Hr. Kuck stated that it could be done on a trial basis and if it became a nuisance, he would come back before the Board and ask to prohibit the use of the ramps by the public. Assistant County Manager Dorrill stated that there is coverage under the existing coverage for personal, property and liability damage, adding that if there is additional liability incurred, the use of the ramps could be prohibited also. Page 9 '"j\'~~' ì',.'·' ~-~ .... ; ;, ;' f.': J~-';'''';' , . 1- ( - - .. .. .. , .. ~ A 'j .".~ ." ~ I 1 'f" ". February 11, 1986 Mr. Kuck stated that some of the ramps will be concrete and some will be limerock. Assistant County Manager Dorrill stated that the primary reason for the ramps is that the current weed harvesting progra~ does not afford the County an easy ability to move the large machines around, adding that this will help the situation a great deal. Mr. George Keller, President of Collier County Civic Federation, stated that the idea of putting the ramps in for weed control is excellent, but he can see a problem with making these canals recreational waterways. He noted that a lot of people that live along the canals are going to object because there is going to be speed~ng. excessive noise and littering. }' In answer to Commissioner Voss regarding airboats, County Attorney Saunders stated that there is an enforcement problem with regard to airboats, adding that speed limit control signs could be put i~" the canals and horsepower limits on ~otors, but enforcement would be a I"ightmare. ~puty Chief Barnett stated that enforcement would be difficult and when people bought those lots, they knew that they were not private canals, adding that they are owned by the public and they are recreational canals now. Mr. Reller stated that these canals are also water storage canals and if boats are allowed, it is going to create pollution. Assistant County Manager Dorrill stated that Staff recommendation will not change as this is being done for practical maintenance reasons for the canals, the flooding, and the water management control systlm. He stated that if problems develop, Staff will be back before the Board discussing restrictions on the canals. Mrs. Charlotte Westman, representing the League of Women Voters, stated that the intention of Staff to maintain the canals is excellent, but there is a proposal from the Big Cypress Basin Board to the Board with regard to them taking over the maintenance of these canals. Assistant Cou~ty Manager Dorrill stated that the Big Cypress Basin Board has expressed a desire to assume ultimate responsibility for ,,~ primary canal systems and none of t~e residential canals within the Estates area are identified in their transition plan as primary. Commissioner Voss moved, seconded by Commissioner Hasse and carried 4/0, (Commissioner GoOanight out of the room) that Bid '86-932. for the Golden Gate Estates Canal Acces. Ramps be awarded to APAC- ill; OfJ~ P~'.f 165 Page 10 åõå~ ()92 pm 166 Pebruary 11, 1986 $58,122 and that Staff be directed to if they fre abused by the public and if the Board. Florida, Inc., in the amount of monitor the acce.s ramp. to se. so, that it be reported back to Item ., 1 , . STAFF AUTHORIZED TO SOLICIT BID PROPOSALS FROM APPRAISERS A MARXET ANALYSIS FOR GOLDEN GATE ESTATES AREA. REVI!W LANDS OFFERED BY AVATAR AND SUGGEST LOTS THE COUNTY WANTS DEEDED; SUBMIT FOLLOW-UP REPORT '1'0 BOARD REGARDING NEGOTIATING WITH AVATAR FOR CASR IN LIEU OF 1,100 ACRES Mrs. Pat Carroll, Real Property Manager, stated that this item deals with the agreement between ~ollier County and Avatar Properties, Inc. in which Avatar is committed to donate certain lands to Collier County, adding that these lands arp. to be used for recreation, utilities, and community services and in addition, it will also provide a source of revenue to fund improvements with Golden Gate Estates. She ståted that in a meeting on January 15, 1986, Mr, Dennis Getmann, who is the attorney for Avatar Properties, stated that Avatar would be interested in working with the County on a cash settlement, thus, buying back their commitment to donate the land to Collier County. She stated that Staff was interested in this for all the land south of Alligator Alley, adding that there are certain merits to considering a cash settlement for some of the properties north of Alligator Alley. She reported that if the County decides to accept the lands, then a viable land management and marketing program can be put together that will benefit Golden Gate Estates, but it is evident that a cash settlement has some certain inherent benefits and this is what Staff is requesting that the Board consider this date. She stated that the final outcome of any decision will be based on reaching an acceptable agre~,ent with Avatar and if an acceptable mo~etary settlement is not readied with Avatar then t".le County would i~mediately pursue the transfer of lands. Commissioner pistor questioned what values are on the properties in the first phase, to which Mrs. Carroll stated that she could not guess the values. She reported that she further recommends that the County hire an appraiser, but instead of having each individual lot appraised, the appraiser be asked to do a ~arket analysis per unit in the Estates and then staff can use that market analysis to apply it to the actual acreage that has been offered by Avatar, which would give a basis for negotiating a caßh settlement. She reported that this would be expensive but not as costly as if each lot was appraised separately. Commissioner Voss stated that a cash settlement is certainly in .... Page 11 'I' < .~ ~ .,1 ,.'.f' '," L ",~ l¥,¥ ,P. - .. - "I ""'_-~_"_'_______',';\;___'k_'___'.__~,'" - - .. " . .,,' '( 1 '" February ll, 1986 order and hiring an appraiser to give an average value per lot is wortnwhile to give a basis for arriving at a reasonable cash settle- ment. Commissioner Holland questioned if the property that is south of Alligator Alley is th~ land that the State is trying to acquire, to which Mrs. Carroll replied affirmatively. Commissioner Holland stated that he would like to see an offer from Avatar and then have an appraiser look at the offer to see if it is worth it. Mrs. Carroll stated that she could make this recommendation to Mr. GetDann, but he specifically requested that the County make the ~rst offer. Mrs. Carroll stated that she would also recommend that the County identify specific properties that the County needs, adding that. part of the commitment is for right-of-way and there are also some pieces of properties along canals that would provide future recreational uses that are in ten acre tracts, and there is also a fifty acre tract that would be advantageous for the County to keep. She noted that she would like to go through the list and identify properties that the County can use. Assistant County Manager Dorrill stated that Avatar had stated that they would allow the County to pick and choose from the bulk of the properties, adding that the fifty acre site that is adjacent to the North Golden Ga~e City property and is in the vicinity of Randall Blvd. is an example of a property that the County may want to record and qwn. Mrs. Carroll stated that she has visited all the sites in Phase II and III. Assistant County Attorney Cuyler stated that Mr. Getmann has left open a possibility that if the County finds it to be advantageous to the County and Avatar finds it to be advantageous to them, that it leaves another door open for the County instead of taking the property and marketing it through the County, it may be better to have a cash settlement. He stated that no one can t~lk intelligently about what the cash settlement is worth until there is a professional appraisal done on the property. Tape .3 .4'~ Assistant County Attorney. Cuyler stated that the property has been evaluated and Staff was moving forward with the choosing of the property as to what the Coun~ would accept or would not accept, adding ;; u92 Ø'f"! 167 Page 12 j ~ ·ft " "..·.~'.......'~,_,..--...~>m._.··.. "_'__"_',,,,,._~,,,,,,,,____.,,_.,",,'.n"·<,'~,_,'""··_ , , 'OOf; (]fJ~ r.~r 168 Februa ry 11, 19 B6 that Mr. Getmann brought this po.sibilit¥ up and it may be something that the Board would like to investigate. Commissioner Voss stated that this is the same thing as though the 1,100 acres is sold ~ck to Avatar, adding that he would rather have the cash than the land. Commissioner Pistor stated that there is a large portion of that land that could not be used by the County and, ,therefore, the County would have to go into the real estate business to try and sell those pieces of property. He stated that this is definitely something that should be considered. Commissioner Holland stated that in 19B3, it was indicated by Mr. Getmann that the property was worth $3 to $4 million dollars and he questioned what it would be worth this date? Commissioner Holland stated that he thinks it would be worthwhile to find out what Avatar would want for it. He questioned if the County has only received title to 35 acres? Assistant County Attorney Cuyler stated that they have sent the County a deed to Phase I and the deed for Phase II has been received, but it has not been recorded because the County did not feel that all the properties that were listed for Phase II were something that the County wanted. Commissioner Hasse stated that Avatar will want the fifty acres as it is o~e of the better pieces of property. AS,sistant County Manager Dorrill stated that Staff wants to determine if the Board is willing for Staff to solicit proposals to determine what a market study will cost and then bring that study back to thé Board and at the same time, Staff wants to show the Board which prop~rties are worth keeping. He stated that if Staff pursued the marketing approach, they would bring back a report indicating what the land is worth. Commissioner Hasse questioned if the monies from the sale of properties or a cas~ settlement would go to the Golden Gate Estates, to which Assistant County Manager OOrrill stated that it would be put in a trust fund similar to the CAC trust fund~. Assistant County Attorney Cuyler stated that the small lots may be of worth to Avatar as they have a marketing system in place and the development is going far out into Golden Gate Estates and it is being determined that ther~ is a market for those types of properties. He stated that Mr. Getmann indicated that if the County wanted to accept 1. " Page 13 .. .. .. ---.......----,-..-. . ,.......----.,,'...-..,..,.,..,. ,.._~-- .'\... (;'"~. ~, f' ... !.-~ i· - .. .. '.~ , , . J ~ February 11, 1986 certain properties out of the offer and deal with a cash settle~ent and keep certain properties, he would be open to negotiations on that as well. ... Mr. George Keller, President of Collier County Civic Federation, stated that he would suggest that the motion not be that the County hire appraisers, but a5~ the Staff to open it up for bids and come back with a price for what it is going to cost to do this job. He stated that there are a number of trust funds associated with the Estates and any money that is received for the sale of these properties should go in the trust fund, but the public has not been advised as to how the money is being spent and what the balances are and the people of the Estates have a right to have a published report of how the trust funds are spent, where they are spent, and what the balances are. He J6ted that some of this POney is being spent to purchase equipment. He stated th3t it would ~e a good idea to put it in the newspapers, to let people know where the DOney was spent and what the balances ar~ once a year. Commissioner Voss DOVed, seconded by Coaaissioner Hass. and carried unaniaously, that Staff be authorized to solicit bid proposals from appraisers interested in preparing a market analysis for Golden Gate Estates area; review the list of land. offered by Avatar and suggest particular lots the COunty wants deeded; and submit a follow-up report to the Board regarding negotiations with Avatar Propertiee, Inc. for a cash settlement in lieu of 1,100 acres or the reaaining properties after an appraiser has been selected, Commissioner Holland stated that after the appraisals come in, he would like to see the Com.ission negotiate with Avatar Properties, noting that it would be in the best interest of the public. Commissioner Pistor stated that Staff needs to do the preliminary work first and if the Commission wants to do the final negotiating, it would be in order. Ite. 112 AGREEMENT FOR PROFESSIONAL SERVICES WITH WILSON, MILLER, BARTON, BOLL . PEER, INC. FOR NAPLES PRODUC'l'ION PAIUt MUNICIPAL SERVICES TAXIIIIG AND BENEFIT UNIT, STUDY AND REPORT PHASE, IN '1'HE AMOUIII"l' OP $90,000 ,'& APPROVED SUBJECT '1'0 STIP1'JIATION THAT A LE'1"1'ER BE OBTAINED PROM 80llD COUNSEL GIBLIN INDICATING THAT THIS PROJECT WILL BE A TAX FREE ISSUE. Public Works Administrator Kuck stated that he is asking for Board acceptance of the final negotiated consultant fees with Wilson, Miller, Barton, Soll & Peek, Inc. for the study and report phase for Naples a";a; 092 ~<.¡, 169 Page 14" ",-.._",-,_. ~"._-_..~ ;. I ¡ i r l ¡ i f ¡ ¡ ¥ J t t ~ I .0; (]fJ2 P1[,( 170 '. ,. February 11, 1986 Production Park MSTU and execution of the agreement for the same. He stated that the agreement provides for the basic services to be provided in a study and report phase, a final design phase, a bidding and negotiating phase, and a construction phase. He noted that at the present time, he is asking for approval for the study and report phase only, which would be for the water, sewer, roadway, and drainage and that the County be provided an assessment roll, also. He reported that since the price has been negotiated, there is á possibility that the Hubschman's could take over this Brea for the sanitary sewer collection and the wastewater treatment. He noted that he talked with wilson, Miller, Barton, SOll & Peek to see if there would be any deduction on the negotiated cost of $90,000 and they have indicated that for the st~dy report phase there would not be any reduction. He stated that after talking with Fiscal Officer Giles, it has been reco~mended that the County obtain an opinion from Bond Counsel Tom Giblin on the tax- free status for the financing of this project, adding thAt last week Mr. Giblin stated that he felt that it would qualify for the tax·free status. He stated that if the agreement is approved, he would like it to be contingent upon getting a letter from Mr. Giblin indicating that the project would have a tax-free status. Commissioner Voss stated that this cost will be paid from the MSTU, but that money will not come in until next year and, therefore, the money would have to be borrowed until that time. PJblic Wo~ks Administrator Ruck stated that the $90,000 would be borrowéd from the local institutions and the taxes would be received in November, 1986, which would be used to pay back the loan. I~iscal Officer Giles stated that beyond the study itself, the "/ project is an industrial park and there is specific mention from smith Barney in discussing the new House Bill 38-38 that is going before the Senate for tax reform that the financing for industrial development parks may no longer be tax free. He stated that if the study cannot lead to a project, the Commission may not want to go forward with it. commissioner pistor s~ated that bonds could be obtained that are not tax free. Fiscal Officer Giles stated that then there are other problems involved such as, if the bonds are not tax free, is it a public purpose that is being served? He said that he would like Mr. Giblin to comment on that also. He questioned that in the event it is not tax free, can the project go forward under the State constitution? County Attorney Saunders stated that there is a real problem with Page 15 - .. - '_"'~_'_'" ...---. I' '.. r i ¡ ¡ ¡ ¡ ! I I - .. .. :~ " J t February 11, 1986 Counties issuing taxable bonds and that issue would have to be resolved. Fiscal Officer Giles stated that there is no problem in approving this agreement subject to getting the tax-free opinion. Commissioner Voss stated that if the bonds are not tax free, the interest rates will be higher, but the people still want this project to go forward. Fiscal Officer Giles stated that whether this government can incur debt that is not tax free is a legal question. Assistant County Manager Dorrill stated that he is in complete agreement with Fiscal Offic~r Giles and the recommendation has been amended to indicate that Staff only wants to proceed contingent on getting the legal opinion from bond counsel regarding whether or/hot assessment projects will be safe and viable for the purposes of selling bonds that would be paid for through front foot assessments in this case. .. .... Commissioner Pistor stated that if the Tax Reform Bill is passed and becomes effective July 1, 1986, and the County starts the project prior to that tine, there should not be any problem. Fiscal Officer Giles stated that Mr. Giblin feels that this particular project, because of its proximity to a populated area and because of the multi number of investors involved, will probably be tax-free, but he wants to see the documentation on it so that he can express an opinion. He stated that he is simply saying that maybe the Board should wait for that opinion before a contract is entered into. Public Works Administrator Ruc~ stated that he sent a complete ' . . package on the project to Mr. Giblin so that he could give his opinion on the project. He stated that he should have an answer back from Mr. Giblin within the next week or two. Commissioner Holland questioned if the funding or bonding process has changed since this district was created? Fiscal Officer Giles stated that this has not become law yet, adding that the Senate has to adopt it or make changes, but the Rouse has already adopted it. He stated that the effective date is January l, 1986, and this date may not even hold or apply, which is why he feels that an opinion from Mr. Giblin is needed. Mr. Harry HUbschman, representing East Naples Water System., Inc., stated that Mr. KUCK has addressed his concerns, which is that if the . PSC does give East Naples Water Systems this area to serve, the sewer aOOK OfJ2 ~Ar,[ jl71 Page 16 " /,t .44~ aOOK (]fJ2 PIf,[ 17~ February 11, 1986 portion of the MSTU should be eliminated. He stated that that this portion of the agreement be postponed until the ruled. he is asking PSC has Commisaioner Voss moved, seconded by Commissioner Hasse and carried unanimously, that the Aqr.ement for prof~ssional services with ',' Wilson, Miller, Barton, SOIl. Peek, Inc. for Naples Production Park Municipal Services Taxing and Benefit Unit, study and report phas., in the amount of $90,000 be approved subject to the etipulation that a letter be obtained from Bond Counsel Giblin indicating his opinion regarding the tax-free issue on this project. Ite. 113 See Pages 211-A - 211-Y ROUTINE BILLS - APPROVED POR PAYMERT Pursuant to Resolution through Friday, February 7, CHECK OESCRIPTION 81-l50 the following checks were issued 1986, in payment of routine bills, CHECR NOS. AMOUNT Vendors BCC Payroll l39027 - 139332 25113 - 25694 $2,158,333.24 269,793.85 Item 114 BUDGET AMENDMENTS 86-150/153 - ADOPTED Commissioner Goodnight moved, seconded by Commissioner Voss and carried unanimously, that Budget Amendment. 86-150/153 be adopted. Item US WORJtSHOP FOR MANDATORY GARBAGE COLLECTION '1'0 BE HELD IN IMMOAALn 1.'1' 7.00 P.M. ON MARCH 11, 1986 Commissioner Goodnight stated that she sent a memo to all the Commi~sioners asking if March 11, 1986, at 7rOO P.M. would be a good time'/to hold the workshop for the .andatory garbage collection, adding that this is why it is on the agenda. Assistant County Manager Dorrill stated that the ordinance will be presented that wa, shown to the Commissioners several weeks ago, adding that there will then be public comment and another public hearing in Naples will be held before final action i. taken. Commissioner Holland stated that he would like an opinion as to whether the County can have selective mandatory enforcement, adding that the proposed ordinance does not include all of Collier County. He questioned if this type of ordinance is legal? County Attorney Saunders stated that there can be areas that are Page 17 - .. .. '.. ~,~*:, ;', ~, r : .. f .. "1':, ,) . - ..... ,:: , * --------.--.."'-.-".,,- - .. .. '.' of' ~,!/ . I ,I .r . February 11, 1986 excluded from the ordinance regarðin9 mandatory collection. Commissioner Holland stateð that he would like to have an opinion on it in writing before it is brought up for a vote, be~ause he has mixeð emotions a. ~o whether .ome pe~ple can be excluðed, adding that there should be clarification on the.e matters. County Attorney Saunders stated that he would provide a written opinion, adding that there can be ~andatory garbage collection in various parts of the COunty and various parts of the County can also be excluded. He stated that whether this is done as a matter of policy is somethin~ that the Board has to deter.ine but, from a legal standpoint, various districts can be set up that are going to be subject to mandatory collection. " Commissioner Hasse questioned if this can be done through t~'Tax Collector or not, to which County Attorney Saunders stated that this ia .omething that will have to be worked out, adding that there is a Statute that pcrmi~s these special a.sessments to be attached t? the tax bill but it is at the option of the Tax As.essor. Tape '4 .... Commissioner Pistor stated that there i. a bill coming up before the Legislature this year that permita the County to put the billing on the tax bill. Commissioner Voss .tated that the only i.sue before the Board at this time is whether there should be a workshop held on March 11, 1986, at 7100 P.M. in Immokalee on mandatory garbage collection. Co..i..ioner Voss .oved, seconded by eo..i..ioner Ba... and carried unanimou.ly, that the work.hop for Mandatory Garbage ~ll.ction be held in I..okalee at 7.00 P.M, on March 11, 1986. .....Co..i..ioner Voss moved, seconded by Commis.ioner Ra... and carried unaniDOusly, that the following ite.. be adopted and/or approved under the Consent Agenda. ..... Item 116 RESOLUTION 86-23 RE PE'1'ITIOlf SNR-85-5C~ MAJUt J. WOODWARD REPRESENTING BARCLAY I S CAPRI POI1M' APPROVING STREE'1' lfAKE LA PENIlfStJLAR BLVD. See Page .L7( Item n 7 ,'~ RENEWAL LEASE AGREEMElM' FOR CARNES'l'OWlf TRANSFER STATION PROM COLLIER DEVELOPMENT CORP. 8/1/85 THROUGH 7/31/87 1.'1' $1,579.74 PER YEAR See Pages /7f - / f-7' ;; 09~ PAr'l173 Page 18 ~ ¡., .~ ". ",-"'"""."",.,, "."~,-",-~..._-"",......~;,--",.",,,,~,,,~.....,.".,,,, p,.."'.''",..,.....,....,."-_..__..,,, .,"""._----~~......""'.."'., ,"'" .. .. .. " ( ,~r ,.~.~ . I .I .. ' ...... February 11, 1986 REROUTED SEWER FACILITIES ACCEP'1'ARCE CONSTRUCTED BY LELY ES'1'A'1'ES, INC. AROUND ST, PETER'S CATHOLIC CHURCH - SUBJECT '1'0 STIPULATION l. The legal documents are found to b~ legally sufficient by the County Attorney for acceptance by the Board. O.R. Boo~ 1178, Pages 1515 through 1522 Ite. '28 CERTIFICATES FOR CORREC'l'IOM '1'0 '1':tZ TAX ROLLS AS PRESEN'l'ED BY '1'HE PROPERTY APPRAISER'S OFFICE 1985 Tangible Personal Property 1985-118/120 Dated 1/28-30/86 '" ;: Ite. '29 MISCELLANEOUS CORRESPONDEBCE rILED AND/OR REFERRED There being no objection, the Chair directed that the fol~9wing '" correspondence be filed and/or referred to the various departeents as indicated belowl 1. Letter dated 01/02/86 from Tom Lewis, Jr., AIA, Architect, DCA, advising of public hearing of the Dept. of Community Affairs proposed criteria for review of local government comprehensive plans and enclosing Public Hearing Schedule and Criteria Rule 9J-5. Referred to Pam Brangaccio, vic~ie Mullins and filed. 2. Copy of letter dated 01/21/8G to Mary Ellen Hawkins from Tom Lewis, Jr., AIA, Architect, DCA, advising that the Board of County Co.missioners, Immokalee Youth Guidance Volunteer Program will be awarded a grant of $45,833 for the purpose ' of reducing or preyenting juvenile delinquency. Referred to Pam Brangaccio, Sharon Lea and filed. 3. Letter dated 01/10/86 from Paul Sheffield, Correctional Internal Inspector, Fl. Dept. of Corrections, attaching a summary of the 01/02/86 inspection of the Collier County Stockade indicating deficiencies which require corrective act! on . Fil ed. 4. Letter dated 01/13/86 from Paul Sheffield, Correctional Internal Inspector, Fl. Dept. of Corrections, attaching a summary of 01/03/86 inspection of Collier County Jail, and indicating deficiencies which require corrective action. Filed. ~ 5. Memorandum dated 01/24/86 from Richard W, Smith, P.E., Chief, DER, re Wastewater Treatment Construction Grants Fiscal Year 1987 Project Lists and Discretionary Funds, and enclosing Request for Inclusio~of the Priority List form and a Request for Incl~~ion on the Advance Allowance List form. Referred to Neil Dorrill, Tom Crandall and filed. ¡GOt( CJ921'n 175 Page 20 " "'-~, ,"""'-',"""".."","'-,-- ".~-"""'---"''''''''-''''''''---''-''''''''''''''''',"......"." "92 . February 11, 1986 aOH W COÞ1~ letter dated 01/30/86 to Mr. Bruce Green, from Carlos R. Carrero, Engineer, DNR, advising of approval of Per~it Number CO-123, permittee name ~ward B. & Julia M. Morrow, ~~d enclosing Final Order for coastal construction c~ntrol line. Referred to Vickie Mullins, Dr. Proffitt and fi1eù. 7. Letter dated 01/31/86 from William R. Whitefield, Environmen- talist Specialist, DNR, advising that public wor~s project~ '.' and studies relating to beach erosion control, beach pre- servation, and hurricane protection are eligible for State funding consideration under Section 161,091, FL. Stat., and enclosing project proposal forms and rules and regulations govcrning the Beach Erosion Control Assistance Program. Referred to Pam Brangaccio with attachments, Vic~ie Mullins, Dr. Proffitt and filed. 8. Memorandum dated 01/29/86 from Fiscal Officer James C. Giles re Justice Center and Courthouse Expansion Projects to 12/21/85 and attaching statements summarizing Justice Center (Fund 305) and Courthouse Expansion (Fund 315) spending & current signed commitments from 10/82 to 12/31/85. Referred to Lori Za1ka and filed. 9. Memorandum dated 01/30/86 from Fiscal Officer James C. Giles to Doug Greenfield, EMS, regarding E,H.S. prelisinary Financial Statements for the period ended 12/31/85. Filed. 10. Memorandum dated 01/30/86 from Fiscal Officer James C. Giles to Thomas Olliff, Fleet Management Director, re Fleet Manage- ment/Motor Pool Preliminary Financial Statements for the period ended 12/31/85. Filed. 11. Memorandum dated 01/30/96 from Fiscal Officer James C. Giles to Robert Fahey, SOlid Waste Director, re Solid Waste Dis- posal Financial Statements for the period ended 12/31/85. Filed. 12.- Memorandum dated 01/30/86 from Fiscal Officer James C. Giles to County Manager Donald B, Lusk, re Consultant Selection Procedures, and enclosing memo from Giles to Lusk dated ll/01/85. Filed. Letter dated 01/09/86 from Robert L. Cadman, Forest Lakes, opposing the proposed rental units to be built by Beacon properties in the Forest Lakes/Turtle La~e area. Referred to Missy McKim and filed. Letter dated 01/02/86 from ~r. Jane P01kowski, Dept. of HRS, submitting a report on the activities and expenditures of the Collier County Public Health Unit for the contract year 10/01/84 to 10/30/R5, and 01/22/86 memorandum advising of the inclusion of ~n erroneous report and attaching a replacement for the Statement of Budget and Actual Expenditures. Referred to Pam Branqaccio, Don Norton and filed. "/ 13. 14. l4a. I'Brorandun dated Ol/lS/86 fran Fl::;œl Officer Ji'11:'e8 C. Giles to Cmnissiooer Voss re P1.eðge of remaining Pari-+btuel Racing 'lUes for Clam Pass b::Jardwa1k. ~ferred" to Lori Zalka and filed. Page 21 - - - .~ -"........,''';."'''-''';.'------''".,"'......''''...._-,_..........''''"'''''-"-'''~". , ."""."......_"'__""',.._,,"",.,~~,.""-<P_,~'"''''""~,._....._<,_''''''.....,"'''''.....,0','.,,.,..",,·,,,..· ,