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BCC Minutes 01/07/1986 R .. .. .. Naples, Florida, January 7, 1986 LET IT BE REMEMBERED, that the Boörd of C~unty Commissioners in and for the County of ~llier 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 ~3te at 9:00 A.M. in REGULAR SESSION in Building "F" of the Courthouse Complex, East Naples, Florida, with the following m~mbers present: CHAIRMAN: John A. Pistor VIC£ CHAIRMAN: Anne Goodnight Frederick J. Voss Max Hasse C. C. "Red" Holland ALSO PRESENT: William J. Reagan, Clerk; James C. Giles, Fiscal Officer; Maureen Kenyon, Deputy Clerk; Burt Saunders, County Attorney; Ken Cuyler, Assistant C~unty Attorney; Don Lusk, County Manager, Neil Dorrill, Assistant County Manager; Pam Brangaccio, Deputy Assistant County Manager; Ann McKim Planner; Don Norton, Public Services Administrator; Doug Greenfield, EMS Director; Sherry Rynders, Risk Manag~ment Director; Tom Crandall, Utilities Administrator; Tom Kuck, Public Works Administrator; Nancy Israelson, Administrative Assistant to the Board; and Deputy Chief Ray Barnett, Sheriff's Depar tment. aOOK 091 W.[ 541 Page 1 / - - - January 7, 1986 Tap. '1 Ite. 11 AGENDA - APPROVED WITH THE FOLLOWING CHANGES Co..i..ioner Vo.. aoved, .econded by Co..i..loner Goodnight and carried unanimou.ly, that the agenda be approved with the following change.: a. It elf. 1 OE 1 - Continued to January 21, 1986, at Commi ssioner Pistor's reques t. Iterr. lOE2 - Continued to January 21, 1986, at Commissioner Pistor's reques t. Item l6Cl - Deleted. Ite~ l6C3 - Deleted. Item 130 - Acceptance of one acre of land for East Naples Library - Added at request of Commissioner Holland. .b. c. d. e. It.. '2 "I.UTES OF D~EKBER 10, 1985, REGULAR "IETHIC AIID D£C~B£R lO, 1985, SPECIAL COMPo PI.AN MEETING - APPROVED AS PRESENTED Co..is.ioner VO.. .oved, .econded by Co..i..ioner Has.e and carried unani.ously, that the .inute. of Dece.b.r lO, 1985, regular ..eting and D.ce.ber lO, 1985, special co.p. plan .e.ting be approved a. pr..ented. It.. j3 EMPLOYEE SERVICE AWARD TO PATRICIA PICKWORTH FOR rIVE YEARS or SERVICE Commissioner Voss presented an award to patricia Pickworth for five years of service with the County. It.. ... ORDUIAllCE 86-1 AMItIIDIIIC ORDUIA.C& 85-58 (ADOLPHUS) TO CORRECT LICAL DESCRIPTION IN TITLE - ADOPTED Legal notice having been published in the Naples Daily News on December 6, 1985, as evidenced by Affidavit of Publication filed with the Clerk, public hp.aring was opened to consider amending Ordinance 85-58 correcting the title regarding Vines and Associates, representing Adolphus, Inc. with reference to Petition R-85-l4C. Planner McKim stated that the Board approved Petition R-8S-14C, on October 8, 1985, and an error regarding the geographical location in the title has been discovered which should be corrected. She reported that the location should read northwest instead of southwest. Co..issioner Vo.s .oved, .econded by Co..issioner Hasse and carried unanimously, that the public hearing b. cloaed. Co.-ia.loner Vo.. .oved, .econded by Co..i..ioner Ha..e and ;OD~ 091 p~'.! 549 Page 2 '~"_._".. -"'.--". 'OOK 091w.r550 Janua ry 7, 1986 carried unanl.ously, that the Ordinance a. nURbered and be adopted and entered Into Ordinance Book No. 23: enti tled below ORDUIAIICE 86-1 ORDIKAKCE AMENDING ORDINANCE 85-58, CORRECTING TITLE, REGARDING VIMES AND ASSOCIATES, REPRESENTING ADOLPHUS, INC., REQUESTING REZOME 'ROM RMF-6 TO IL 'OR PROPERTY LOCATED 1M SECTION 22, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. It.. '5 PETITIOII SRP-85-4C, WI LLIAM DADU, C01ICEPT TO COMPLETI01f, REQUESTING RECONSIDERATION OF REQUIRED FLOOD LEVEL FOR THE SUBDIVISION KASTER PLAN FOR WOODLA~E WEST CONDOMINIUM - APPROVED Legal notice having been published in the Naples Daily News on December 1, 1985, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition SMP-85-4C, filed by William Dahnke, Concept to Completion, requesting reconsidera- tion of the required flood level for the Subdivision Master Plan for Woodlake West Condominium. Planner McKim stated that the objective is to reduce the required minimum floor elevation of 9 feet to 8 feet and the Board approved the Subdivision Master Plan on August 20, 1985, for Woodlake West Condominium. She stated that at that time, the petitioner agreed to raise the required minimum floor elevation from 8 feet to 9 feet, adding that at the time of the hearing the recognized flood level for the property was 8 feet and the proposed Federal flood level for the property was 9 feet. She reported that after the hearing the Board agreed to recognize anò enforce the SFWMD flood map which shows it at 8 feet and, ther~fore, the petitioner is requesting that this petition be approved from the original 9 feet to 8 feet. She stated that Staff has no objection to this at it would meet the minimum reql1irements of the ordinance that is present¡y being used. Mr. William Dahnke, President of Concept to Completion, stated that this is a mobile home supdivision which has been constructed on concrete and steel Eoundations and will withstand l40 mph 'winds. He' stated that these units are raised two feet above the adjacent property. He stated that the ftood levels adopted by SFWMD show a 7 foot contour 1,000 feet to the north of this property. He noted that because of Tropical Storm Bob, they vOluntarily raised the parking from the C~unty minimum of 5.5 feet to an elevation of 6 feet which has nothing to do with the flood levels but i. based on localized flooding. He noted that there is one pipe under Port-Au-Prince Road which is Page J - - - / .. .. .. January 7,1986 presently so deteriorated that it only passes about 20\ of its design capabilities which caused SOÐe long-standing water north of Port-~u- Prince Road which is why they raised their roads. He stated that the County is issuing permits to the south of Woodlake West at an elevation of 8.0 feet. He stated that he is requesting that this petition be approved. In answer to Commissioner Hasse regarding the pipe that is deteriorating, PUblic Works Administrator Kuck stated that hv i. familiar with this. Mr. ~hnke stated that he is working with the County on this matter, noting that the County is going to repave Port-Au-Prince Road and the developers of Wo~dl~~8 Condominiums have agreed to put in a twtn lane and to replace th~ culverts and pave that entrance. He stated thdt he is working with the County to try and get the pipe replaced, adding that it is in the State road and not on the County road. Co..issioner Holland .owed, .econded by Co..i.sioner Ba... ADd carried unani.ously, that t~. public hearing b. clo..d. Co..issioner Vos... . s.r.onded by Co..is.ioner Bolland and carried unani.ously, that Pet1~1on SMP-85-4C, Willlaa Dahnke, Concept to Co.pletion, reque.ting reconsideration of required flood lev.l for the Subdivision Ka.ter Plan for Woodlake We.t Condo.iniua b. approved. It.. 16 RESOLUTION 86-1 REOUESTIKC DHR TO ESTABLISH CERTAIN AREAS WITHI. N~VIGABLE WATERWAYS OF COLLIER COUNTY AS RESTRICTED ZONES 'OR THE PURPOSE OF REGULATIIIG BOAT SPEEDS ABD WAKES IN SUCH AREAS (CAPRI PASS, 'ACTORY BAY) - ADOPTED. NO WA~E SIGNS FOR VANDERBILT LAGOON _ CONTINUED UNTIL MARCH 4, 1986 Legal notice having been published in the Naples Daily News on December 22, 1985, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider a resolution requesting the Department of Natural Resources to establish certain areas within the navigable waterways of Collier County as restricted zones for the purpose of regulating boat speeds and wakes r~ such areas. Public WOrks Administrator Kuck stated that the Soarf Gdopted Ordinance 79-8, the Collier County Vessel Control Ordinaroce, for the purpose of promoting safety in the operation of vessel~ on waterways within Collier County, adding that the ordinance allows the Board, by resolution, to designate "No Wake-Idle Speed Only" areas. He reported ~O~K 091 P1r.f 551 Page 4 aOOK 091mr 552 January 7, 1986 that due to substantial development, dock installations, and increased boating activities in the Vanderbilt Lago~n and in a portion of Capri Pass, the expansion of existing regulatory "Idle Speed-No ~ake Zones" is proposed. He reported that a shoal condition in Factory Pass poses a serious threat to navigation and safety for boaters at that location and Collier County proposes to install and maintain pilings with signs to warn boaters of the shoal area. He stated that he is asking that the BCC adopt the resolution to establish restricted boating zones and authorize the Public Works Administrator and Transportation Director to execute the necessary permit applications as required by the Florida DNR which will designate Vanderbilt Lagoon and a portion of Capri Pass a~ "Idle Speed-N~ Wake- zones and which will provide for the placement of "Shoal Marking- signs in Factory Pass. He stated that he has already applied for the permits. He noted that Factory Pas~ is in the area of the Marco River Marina, O'Shea's and Angler's Cove, noting that they have agreed to pay for the installation and the County will maintain the areas. Commissioner Voss stated that he has had numer~us complaints from people in the Vanderbilt Lagoon area about speeding boat. and he feels that it is a good idea. Commissioner Pistor stated that at Caxambas Pass, people go at unreasonable speeds up the pass and create large wakes that tear up seawalls and boats and he would like to have this area discussed at another meeting. He noted also, that at Goodland, some of the signß have become detached at Marker '7 and other signs have been destroywd by the pelicans. Public Works Administrator Kuck stated that he could advertise a resolution for Caxambas Pass and bring it back to the Board. He stated that he would take care of the matter r~garding Goodland and make an inventory. He stated that it is up to the Coast Guard to take care of the navigationable aids and he will' contact them. Mr. Leonard Asher stated that he is not opposed to this project, adding that he wants to see it done properly. He noted that some of the IOêlrkers In Factory i3ay have fallen down or have deteriorated and the signs should be taken car~ of or r~placed, but no one wants to take the responsibility for handling this matter. He stated that the£e are day markers and there should be a series of these day markers as part of this project. Commissioner Pistoc indicated that Mr. Asher has done a fine jOb pag e 5 - .. - .. - .. January 7, ..986 1 :3ting the shoals and channels and Mr. Kuck would appreciate his knowl ecJge and input. Tap. 12 Ms. Linda Sowvrs stated that she is opposed to the signs being installed in the Vanderbilt Lag~on area as her family uses that area for water sports and they would like to be abl~ to continue using it. Mr. Alan Miller stated that he is also again~t the signs being installed in the Vanderbilt Lagoon area as he just purchased a home there for the purpose of the water sports activities. He stated that he and his children waler ski, use jet skis and zodiac boats. He stated that he has tw? neighbors that are also opposed to the signs. Commissioner Voss questioned if Mr. Kuck could circulate a petition in the area to determine if the people are for or against -No Wake" signs, to which Mr. Kuck replied affirmatively, adding that it would take time but it could be done. Mr. Kuck stated that he would need about 4 to 6 weeks to do this, but in the meantime he would go ahp.ad and file for the permits. He stated that the proposed resolution could still be approved with the deletion of Item lA. Commissioner Pistor stated that the matter concerning Vanderbilt Beach Lagoon could be brought back on March 4, 1986. Co..i..ioner H.... .eved, .econded by Co.-is.ioner Vo.. and carried unaniaou.ly, that discu..ion of -No Wate- .ign. for Vand.rbilt Beach Lagoon be continued until March 4, 1986, in order for the Public Work. Adaini.trator to tate . .urvey fro. tb. re.ident. a. to whether they are in favor of or oppo..d to .aid .ign.. Co..i..ion.r Holland .eved, .econd.d by Co..is.ioner vo.. and carri.d unani.ou.ly, th.t the public hearing be clo.ed. Co..i..ioner Vo.. aoved, .econded by Co..i..loner Baase and carried unani.ously, that Re.olution 86-1 reque.ting the C.R to e.tablish c.rtain area. within navigable waterway. of Collier County a. re.tricted zone. for the purpo.e of regulating boat speed. and wake. In .uch area. (Capri Pa.., Factory Bay) be adopted. aDDK 091 r~~r 553' -- "----,..".~ pag e 6 lOOK :191 PAr,[ 558 Ite. '7 AGREEMEKT WITH WESTERK GATEWAY VOLUVTEER AMBULANCE SERVICE, INC. POR OCBOPIE/EVERGLADES CITY REGION AND CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY - APPROVED WITH STIPULATIONS January 7, 1986 Legal notice having been published in the Naples Daily News on December 23, 1985, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider an agreement with Western Gateway Volunteer Ambulance Service, Inc. for the Ochopee/ Everglades City region for a Certificate of Public Convenience and Necessity to provide basic life support ambulance service for that portion of Collier County. Public Services AJ~inistrator Norton stated that the proposed agreement is to supplement the paid servl~e of the County. He stated that this was previously approved in concept in the budget workshops as well as a $15,310 donation to the volunteer service. He recommended that the c~ntract be approved and the Certificate of Public Convenience and Necessity be issued. He noted that prior to the meeting, the County Attorney requested that under Section 20 the following be added: "In the event that the County deems it i. necessary or appropriate to pre-audit volunteers' expenditures or directly pay approved expendi- tures, volunteers agree to fully comply with and cooperate in such procedures. Volunteers acknowledge that County funding will be contingent upon volunteers' compliance with said procedures as required by the County." Commissioner Holland questioned if the insurance is available, to which Mr. Norton stated that it is available and has been approved by the Risk Management Department. EMS Director Greenfield stated that the insurance requirements as spelled out by Chapter 401 has been made available to the volunteers and went into effect December 15, 1985. Commissioner Holland stated that he in favor of this service, but there is such a problem with insurance that he wants to be sure that the County is covered. Mrs. ~eks, President of Western Gateway Volunteer, Inc., stated that the agent is Caryle and Fields and they operate ~ut of Orlando. She noted that a premium has been paid and within the policy, liability, collision, and malpractice have been included, adding that the policy complies with the State. Commissioner Holland sta~ed that he would like the Risk Manager to Page 7 - - - --- ------ -_._---- .._-- .. - - J an u a ry 7, 1 9 8 6 be sur~ that the company that has provided the insurance is a solid company. Deputy Assistant County Manager Brangaccio stated that in Section 7 of the contract it states that within 10 days of the approval of the agreement, the Risk Manager will review their proof of insurance. Mr. Greenfield stated that this contract can be null and void, if the Risk ~dnager is not satisfied with the coverage provided at any time. He stated that as to the soundness of the ,:ompany, between now and the time the volunteer service g~ts their li~~nse, he can come back to the Board with a report on the insurance company. County Manager Lusk stated that the Risk Manager could come back to the Board with a report after she has reviewed t;,e policy and the insurance company. Fiscal Officer Giles stated that he was told that the primary reason for giving the money to a not-for-profit organization rather than the County paying the bill itself is to escape some insurance liability, adding that he hopes the Risk Manager and the County Attorney feel that this has been accomplished. He questioned if this is the primary reason for paying a separate corporation rather than paying the bills for them? Deputy Assistant County Manager Brangaccio stated that the primary reason is that this is the way the volunteers r~quested it be set up and this is the way that the EMS Department wanted it set up. She stated that the language that was added says that if the County wants to work out a procedure to verify every bill that comes in before it is paid, then the C~unty can do that and the volunteers will agree to that. She stated that this is n~t part of Collier County EMS and the County is not liable for any actions of this gr~up. Fiscal Officer Giles questioned, since the County funds almost lOOt, is the County escaping the responsibility? He said if the County is not escaping the responsibility then a lot of paperwork is being done for nothing. Mrs. Brangaccio stated that this contract indicates only basic llfe support and It is a non-exclusive right, meaning that EMS controls the dispatching and at any time one of the County ambulances will provide the service Into this area beyond basic life support and also, at any time, the ambulance can be dispatched out of the area. She noted that it is a transfer of one Type II van which was approved and the $15,310 was also approved by the Board. She noted that semi-annual aaaK 091 p~r·r 559 Pag e 8 ;~-o~ 091 PAr.r 560 ~. ¡ment is January 1st and July 1st, adding that with the language added this date, if the Finance Department needs something w~rked out so that bills can be verified and then paid directly, it can be done. County Attorney Saunder. stated that he does not believe that the flow of funds through the County directly to people that are submitting bills or through the County to the non-profit organization is going to affect whether the County is liable for negligence or not. He stated that the flow of funds is not critical and the liability is the same. He stated that this was structured at the request of the volunteers and not in consideration of eliminating liability in the event of some negligence. Fiscal Officer Giles stated volunteers, but questioned if it to give money like that and have maintain the checkbook? January 7, 1986 that it may be easier for the is in the best interest of the someone separate from the Board Board County Attorney Saunder. stat9d that this is a policy question but, as far as the contract is concerned, with the addition of the auditing requirement in the event that it ~uld be necessary, the contract is legal. Clerk Reagan stated that this contract is similar to a contract that the County had with another ambulance firm, and questioned if Mrs. Weeks would object to the County making direct payme/.t to the vendors after the invoices are approved? Mrs. weeks stated that she has no problem with that, adding that it was her understanding that the County was trying to get away from that sort of thing. Clerk Reagan stated that one of the problems is that when the County makes direct payments or lump sum payments as they are referred to, each one of these organizatiOIlS is a little different. He stated that this is a contractual relationship with the County which requires his office to have some type of a pre-audit review of it and it puts him in a ticklish situation. He stated that the County is in the middle of a lawsuit at the present time with a previous ambulance firm over this exact point, and since Staff has agreed that the County should have pre-aduits it should be mandated at this time and become part of the contract. He said that the contract should read that it be pre-audited and the invoices be paid by the Finance Department and then there WQuld be no problem in the future. Mrs. Weeks questioned if they could have a separate bank account Page 9 - .. - "~_h"__'_'" ....- ..- .. - .. January 7,1986 for their own funds, to ~hich Clerk Reagan stated that he is only talking about the C~unty contribution. Commissioner Holland stated he still has concerns regarding the liability issue, to ~hich Mrs. Brangaccio stat~d that it is very specific in the contract under Section 21, which states that the volunteers, to the fullest extent pormitted by la~, will indemnify and hold harmless the C~unty from and against all claims, damages, losses, and expenses arising out of or resulting from the performðnce of its operations as set forth in this agreement. Commissioner Holland questioned how long this w~uld hold up in court, to which County Attorney Saunders stated that a hold harmless agreement is only as good as the organizatIon that is giving the agreement. He stated that if the organization does not have resources then the hold harml~ss wIll n~t get anyone much. He noted that there is a certaIn am~unt of risk involved anytime the County contracts ~ith anyone to provide this type of a service. He stated that he has tried to minimize that risk by requiring insurance, a hold harmless agreement and by divorcing the County from the actual operation of the facility. He stated that thIs does not mean that if somebody is injured that they will not sue the County. He stated that it also does not mean that the County ~ill still have some responsibility for that, but he is trying to minimize that responsibility. Commissioner Holland questioned ~ho is responsible if a volunteer gets injured helping a patient? County Attorney Saunders that the County is not responsible at all as there is an agreement ~ith the volunteers that the County would not be responsible. H9 stated that there is a difference between somebody suing the County and s~mebody getting a judgement, adding that there is Some risk involved, but in addition, the County has insurance. Tape '3 Commissioner Holland stated that protection is needed before this service gets started. Commissioner Voss stated that it seems that the volunteer group is going to provide a service for the residents of the County and the insurance premlum that is actually needed and is in accordance with the County's insurance is too expensive for this group to obcain, adding that sInce this is a service to the people in the community, the County could pay the premium difference and get better coverage. He stated that the volunteer insurance ~eets the State law, but it is not as high åo~~ 091 wl5ôl Page 10 _._-,"'_.......,. lOOK 091 PJ'.r 5ß2 January 7,1986 as the County's insurance and in order for the County to be better ~,otected, it would simply mean increasing their limits to those of the County's and the County pay that difference. Risk Manager Rynders stated that the insurance limits could probably be raised, if she could find someone to write that pOlicy. She stated that the limits that the State requires is $100,000, $300,000. She stated that it would be no problem to the insurance co~any once she has a copy of the certificate of their coverage. Commissioner Voss questioned if there would be any problem with the County picking up the difference in th~ premium, to which Fiscal Officer Giles replied that he would have no problem with it. Commissioner Voss stated that they could go ahead and approve the request so that the volunteers can file for their State authorization and in the meantime, direct Staff to come back by January 24, 1986, with the final details with the understanding that if it cannot be worked out to the satisfaction of the Board, then the whole thing will be canceled. Commissioner Holland stated that he would like the ambulance service in Everglades City, but he also wants to be sure that the County has protection, adding that the contract that has been presented leaves a lot to be desired. He stated that there are loopholes in the contract and in the insurance coverage. Coaai.sion.r Voss .ov.d, ..conded by CO..i..ion.r Goodnight and carried unanimously, that the pUblic h.aring be clo.ed. Coaai..ion.r Goodnight .oved, .econd.d by Co..i..lon.r Ha... and carri.d unanlmou.ly, that the Agr....nt with We.t.rn Gat.way Volunte.r Aabulanc. Servic., Inc. for Oc:hope./Ev.rglad.. City Region and the C.rtlficat. of Public Conveni.nc. and N.c...ity be approv.d with the under.tanding that the Rl.k Manag.r will come back to the Board with a r.co...ndation r.g.rding the Insuranc.I that the County Attorney furth.r d.fln. the .gr....ntl and that there b. dir.ct payment of bill. up to th. a.ount approved by the Board for a contribution. , ;¡OTE: Agreement not received in office of Clerk of the Board 88 of 1/14/86. Page 1l .. .. - ~ . ,-. ,.---""-""""'--_...~~-"^'~...,,---,""'- -,··'"·..·_-~"-_·"...~"'__"'*'-',\,.,;,_""''''''._c,._'''''-'~''"'__.·_.·.. 1;01( 091 PAG[ 564 January 7, 1986 lO:l5 A.M. - Reconvened: 10:25 A.M. .*.** *.*** Rece..: Ite. 18 RESOLUTIOY 86-2 RE PETITIO. AV-85-014, DELTONA CORP., VACATING DEDICATION OF PARK SITE , GOVERNMENT SITE, MARCO BEACH, REPLAT UNIT ll, - ADOPTED Legal notice having been published in the Naples Daily News on December 23 and 29, 1985, as evidenced by Affidavit jf Publication filed with the Clerk, public hearing was opened to consider Petition AV-85-0l4 filed by Deltona Corporation, requesting a vacation of the designation and dedication of Tracts R-A and R-B of the replat of a portion of rðrco Beach, Unit 11, to confirm release of County or public interest for title purposes. Public WOrks Administrator Ruck stated that this requ~st is for the vacation of a dedicated park site and government site on Marco Beach, replat of Unit 11, to remove cloud on the title. He stated that the Board released the Deltona Corporation from all obligations of dedication of these tracts by Resolution 80-l58 on August 15, 1980. He noted that the Engineering Department, Community Development Depart- ment, and the Zoning Department have no objection, adding that he is recommending that this item be approved. County Attorney Saunders statvd that this reflects the arrangement that was made between Deltona Corporation and the C~unty several years ago, and this is simply clearing the records to reflect same. Mr. John Forsyth, representing contract purchasers of land from Deltona, stated that Collier County agreed w1'th Deltona sometime ago to exchange this land for the hospital property. He stated that after a few years w~nt by, Deltona wanted to sell the land and they found that the procedure that was used wa5 not acceptable to the title company which is why Deltona ndS come back to the County. He stated that it should be a simple transaction for the C~unty to reaffirm what it has already done and complete the transaction. He stated that the County has the authority to approve this as set forth in Section l25.1(lw). He noted that he hop~s thiE does not get confused with the two different kinds of rights, adding that there are people that have private rights to this land and they are the subject of a lawsuit with Deltona. He stated that 176 people were brought into the lawsuit and 172 have agreed to go ahead, adding that there are only 4 remaining that are uncertain at this time. He stated that the public rights of the public is controlled by the County and these are the rights that Pag e 12 .. .. - """ ~,- "".--.....---..-,..,.'",."...., - - - January 7,1986 are involved. He stated that this agreement needs to be carried out and he is requesting that it be approved. County Attorney Saunders stated that the County nevor received title to the property, adding that it was indicated on a plat that it was dedicated as a park site and government site and the question of whether the County ever gained fee simple title was investigated by the States Attorney's office as well as the transfer of the land. He stated that there was an allegation that the way it ~as handled was in violation of Chapter 125 of the Florida Statutes, adding that after investigation it was determined that there was no violation of Chapter 125 and the County never had title to that piece of property. Attorney David Bruner, representing several property o~ners that have property rights in Section 11, stated that when these people bought their property they lo~ked at the plat and saw a park site, a hospital sitc, a library site, and school sites. He stated that there was no proper hearing of this matter in 1980. He noted that he checked all the information in 1980 and there was not a word that said this land was dedicated, obligated, or any promise to deed this land to the County in exchange for zoning. He noted that by the C~unty standards, Marco Island is suppose to have 112-1/2 acres of park space at build-ou t. Tape '4 Mr. Bruner stated that it does not serve the public interest to abandon this site when the County is going to have to turn around and buy a site in years to come. He stated that he can appreciate the petitioner wanting to buy the site and Daltona wanting to sell the site. He noted that Chapter 177, Section 101, the Florida Statute under which the County Commission is empowered to vacate, states that it must be shown that vacation will not affect the ownership right of persons in the SUbdivision, adding that there is not any evidence that no ownership rights will be affected. He stated that Florida Statute 177.081 states that when these things are shown on a plat as dedicated, they are deemed to have been dedicated. He stated that this should not be vacated, adding that the County Commission should have all the facts before a decision is made. He noted that the previous Commission did not have the facts on this subject as they were not told that the hospital site was obligated to be a hospital site, adding that they were not told that Deltona had obligated itself to deed the government Site to the County and th~ Board was not informed that the park site aODK 091w!5ß5 Page 13 ...-.----""'.,-......,... """'''--......",..<,..,..". <"' ",·";>..;.........._..."u,.;.'^,_w_""""'~"""""',';.""~".,.:....''''' t,,-,,,o,,,'" aOOK 091 P1r.! 566 January 7, 1986 was a dedicated park site. He stated that he .L requesting that this item ba continued until the Commission is aware of all facts. He noted that as Marco Island reaches build-out this land is going to be needed and therefore, he is requesting that this petition not be vacated. He stated that if the Commission does not have all the facts a decision cannot be made. He stated that the agreement previously made was a annulity in his opinion because reasonable gr~unds could be made that it was enduced by fraud. He stated that it was not carried out, advertised or conducted under the proper statutes. County Attorney Saunders stated that the C~unty Commission entered into an agreement with Deltona to swap one site for another and Deltona deeded the property that they agreed to give to the County and the County attempted to give back to Deltona the park site and the government site property in 1930, adding that Deltona has complied with its part of the bargain and if the C~unty at this point refuses to correct the record to Complete their part of the bargain, Deltona could file suit against the County and he believes that the Court would rule in favor of Deltona. He stated that with regard to fraud, the States Attorney's office investigated and they determined that there were not any statutes violated. He stated that he feels that this Commission is bound by the actions of the previous Commission whether it was a good deal or not, adding that this is an issue that should have been debated and decided back in 1980 and not this date. Deputy Chief Barnett stated that he worked on the investigation for the States Attorney's office, noting that with reference to the hospital site that showed up in a plat book, the contention of Deltona and the C~unty Attorney at that time was that it could have been a private hospital site which Deltona would have sold, adding that there is no indication that it was for the good of the County residents. He stated that the investigation at that time was into criminal matters and there was no political corruption and no criminal intent c~uld be shown on anyone's part. He stated that it was an extensive inv~sti- gation. Assistant County Attorney Cuyler stated that with reference to the park site, it was included within the dedication wording of the plat and the government site was not part of the dedication. He stated that he found that the County never owned the hospital site or the government site, but the park site was dedicated to public use but neither the County nor anyone from the pUblic had ever used it and the Page 14 - - - ........_,........_,..;."...,,,"""' .". . ~..".""-~",~""~_.." " ~»_."-_..~..._-"__~,___""","''''_o-.,,.__,,.,._.,_ .. .. .. Janua ry 7, 1986 Board had the right to allow the developer to revoke his offer to dedicate. Hð stated that a dedication is an offer on the part of the developer to dedicate. He stated that in 1980, the Board f~und that they needed a hospital site and Deltona stated that they would deed the hospital site to the County in exchange for the park site. The following people sp~ke against vacating the park site, citing the fact that there has not been en~uqh information presented; that this property was platted as a hospital site, a government site, and a park site; that there were no taxes paid ~n this property for an extended period of time; that for a period of time Deltona did not even own the property; that Marco Island will be losing property that is needed; that it will cost the taxpayers more money in years to come if this property is vacated; and that public rights and private rights will be given up; Tap. '5 Jim Flagler .Ed CIa rk George Keller Commissioner Voss questioned if the County ever owned the park site or the hospital site, to which County Attorney Saunders stated that in his review the mere dedication of the park site did not give rise to the County having fee title to that property and the hospital site was never owned by the County, and therefore, the conclusion was that there was never really a swap of one piece of property for the other piece of property owned by the County. Assistant County Attorney Cuyler stated that thr~ugh the dedica- tion, the County had the right to build park facilities if they wished to do so, adding that the previous Commission evidently decided that they would not use the property as a park site and the previous Commission evidently chose the option of the hospital site and decided to release its rights on the park site. County Attorney Saunders stated that what the County swapped was the right to build a park on a piece of property for fee simple title to a site to build a hospital, adding that the legal issue was whether there was fee title to the park site and the legal conclusion was that there was not title to the park site, the County only had a right to build on the park site. He stated that the Board, in 1980, made a decision and in reliance on that deal, Deltona deeded property to the County and there is currentk~;a~1ppl~~~ that site, adding that the Phil Josberger Frederick Kramer Page l5 aOOK 091mt5G8 Janua ry 7, 1986 County has an obligation to live up to their end of the bargain whether it was a good one or not. He stated that if the County decided against this, Deltona could try and rescind the whole deal and get the hospital site back for Deltona which would be a rather interesting proceeding, or Deltona could file an action to acquire title, whereby Deltona would say that they have title to this property by virtue of arrangements made with the County and have the court take action to vacate the plat and indicate in an Order that Deltona would have fee simple title to that piece of property which is very likely to happen based on the facts. Mr. Jim Stackpoole, representing Deltona Corporation, stated that when this deal took place in 1980, there was never a more pUblicized deal made by the Commission, adding th3t the County Attorney has given his legal opinion based on investigation. He stated that a value for value business arrangement was made. He stated that Deltona has relied on that agreement and they have lived up to their end of the agreement. He stated that he does not see that anymore delay or postponement would be of any benefit. he st~ted that he is asking that the Commission live up to their end of the agreement. Tape 16 Commissioner Voss stated that whether it was a wise decision in 1980 or not, it would be difficult to rescind it at this time. Co..i..ioner Vo.. .oved, seconded by Co..is.ioner Goodnight and carried 4/l, (Co..issioner Basse opposed), that the public hearing be clo..'<td. Commissioner Goodnight stated that the States Attorney's office investigated this and said that the land change was in g~od faith, adding that whether the decision that the Board made in 1980 was right or wrong, is not up to her to determine but the County should live up to their end of the bargain. Commissioner H~lland stated that he feels that the investigation that was conducted by the States Attorney's office and the Sheriff's Department was thorough and therE: was no evidence of anything b,:ing done wrong, adding that he would have to go along with vacating this property to uphold the County's end of the bargain. Co..issioner Goodnight .oved, seconded by Co..issioner Vo.. and carried 4/1, (Co..is.ioner Has.e oppo.ed) that Resolution 86-2 re Petition AV-85-0l4 requesting vacation of a dedicated park site and government site on Marco Beach, replat of Unit 11 b. adopted. Page 16 - - - -. -~,-._""",_~-""".",."",,,,.",,,..,,,~._,,,,,~---,,,-,---.~,,,,,,,,..'~"-" 091 P1t,t 580 ***** Recess: J an u a ry 7, 1 9 8 6 12:00 P.M. - Reconvened: 2:00 P.M. ***** Commissioner Pistor stated that the Agriculture Fair is next week and if the meeting is not completed by 11:30 A.M., the Commission will recess and reassemble at 2:00 P.M. He noted that he is also adding an item to the pres~nt agenda under the C~unty Attorney's report, 11A, regarding additional holiday time. Ite. '9 REPORT ON ZONING PROBL~S IN IM"OKALEE TO BE BROUGHT BACK AFTER HEARD BY THE BUILDING DEPARTMENT BOARD OF ADJUSTMENT AND APPEALS Deputy Assistant County Manager Brangaccio stated that ~n December 18 ( 1985, there was an item placed on the agenda and the Commissioners asked staff to come back ~ith the status regarding that item. She stated that these items are Board of Adjustment and Appeals items and are scheduled for their agenda on January 10, 1986, and January 13, 1986. She stated that this was with reference to the use of a trailer for an office at a couple of packing houses in Immokalee, adding that after the meetings, she will inform the BCC of the status. Ite. 110 BUDGET AMEHr»1DT FOR FUND 313 TO RECOGNIZE CARRY FORWARD REVENUE AND AVAILABLE RESERVE FUNDS TO ALLOW INCREASED SECONDARY ROAD DESIGN WORK _ APPROVED Public Works Administrator Kuck stated that this item is a request for approval of a budget amendment for Fund 313 in order to recognize carry forward revenue and available reserve funds, thus allowing for increased secondary road design work, adding that the purpose is to provide for an increase in expenditure for engineering fees thus allo~ing for the acceleration of the roadway design projects which include Airport-pulling Road, Pine Ridge Road, Santa Barbara Blvd., and C. R. 951. He stated that he is recommending that the budget amendment be approved. Co..issioner Voss .oved, seconded by Commis.ioner Hasse and carried unani.ously, that the BUdget Amendment for Fund 313 to recognize carry forward revenue and available reserve funds to allow increased secondary road design work be approved. Ite. III RESOLUTIO. 86-3 SUBMITTING THE PROPOSED COLLIER COUNTY SOLID WASTE DISPOSAL AND RESOURCE RECOVERY SPECIAL ACT TO THE COLLIER COUNTY LEGISLATIVE DELEGATION - ADOPTED SUBJECT TO MINOR MODIFICATION BY THE COUNTY ATTORNEY Page 17 - - - _......_,.",.,.,',.,"""""'~,= ( ~. ., .. .. .. January 7,1986 Assistant C~unty Mðn3ger Dorrill stated that this item is res~urce recovery related, adding that the Board adopted last year to forward to the Legislative Delegation a Bill that would allow the C~unty to control the solid waste flow in the County for the purposes of meeting guarantees of the Res~urca Recovery Plant, adding that he is again requesting that Mrs. Hawkins and Senator Mann sponsor th~t Bill and their legislative delegation hearing is scheduled for the afternoon of January 29, 1986. He stated that he would like action taken on this matter prior to asking Mrs. Hawkins to put it on her agenda. H~ stated that it needs to be sponsored in b~th the House and the Senate. County Attorney Saunders stated that there is some confusi,n in the Executive Summary as to ~hat this Bill d~es, adding that the Bill gives the County the authority to require that waste that they would liy.e, be brought to the facility. He stated that if there is a compost operation going on, it does not mean that it would have to cease in light of this Bill being presented to the Florida House and Senate. He stated that this Bill was drafted approximately ~ne year ago and since then the service agreement with 'Nestinghouse and Shawmut has been formalized, adding that he would like to have the flexibility during the next couple of days to make some min~r m~difications to the Bill. He stated that the modifications will not change the substance which basically is a Bill that giv~s the County the authority to monopolize the waste stream within the C~unty, but it will be more reflective of the Resource Recovery project that the Board has already approved. He noted that the resolution should provide that the legislative delega- tion is requested to present this to the House and the Senate. Commissioner Holland questioned what happens with the solid waste in the Immokalee area, to which County Attorney Saunders stated that the Immokalee area was not included in the service agreement. Assistant County Manager Dorrill stated that the landfill in Immokalee is only two years old ana it is the intention that the garbage picked rIp in the greater Imm..,kalee area will be disposed of at the Immokalee landfill. Commissioner Holland questioned if this is going to put the County in a position where they will be mandated to have pickup from these different places like Everglades City or the north end of the County? County Attorney Saunders stated that the Executive Summary is not accurate, but the actual Bill will give the County the ability to control the waste stream if the Board wants to, adding that there is nothing in the Bill that says that all the waste has to go to the solid ;o~; 091 PAr.r 581 Page 18 aoor; 091 w.t 582 January 7, 1986 waste facility. He stated that it gives the Commission the ability to pass an ordinance that would require such. Assistant Ccunty Manager Dorcill stated that there was a lot of concern as to whether this was some type of subterfuge for mandatory garbage collection, adding that this has nothing to do with mandatory collection. He stated that this is being contcmplated by districts as it is poor economics in forcing someone that lives off the 30 mile marker on Alligator Alley to use and pay for home collection. He stated that they are trying to create an urban district and require people that live within that district to participate in mandatory collection, noting that this will probably be coming before the Board within the next 60 days. Mr. Bob Krasowski, representing Collier County Democratic Environment Committee, stated that he objects to the attempt to obtain exclusive rights to solid waste collection in Collier County because there are businesses that need some of this solid waste to conduct research. Mrs. Charlotte kestman, representing the League of Women Voters, stated that she is in favor of the Commission supporting this Bill and also supports the resource recovery system, adding that the Commission needs to get going forward and doing things right. Co..issioner Vo.. .oved, seconded by Com.issioner Goodnight and carried unani.ou.ly, that Resolution 86-3 submitting the proposed Collier County Solid Waste Disposal and Re.ource Recovery Special Act to the Collier County Legislative Delegation be adopted and that the County Attorney have the flexibility to .odlfy the Bill that was pre.enled to reflect .ore accurately the current program. NOTE: Document not received in office of Clerk of the Board as of 1/14/86. Page 19 - -- - .. .. .. Janua ry 7, 1986 Ite. 112 APPROVAL OP A TWO-YEAR LEA£,~ WITH STONE REALTY FOR OPFICE SPACE AT THE COURT PLAZA FOR THE COLLIER PUBLIC HEALTH UNIT - POSTPONED ONE WEEK Commissioner Voss indicated that he spoke with Dr. Polkowski about this matter and she w~uld like to inve~tigate thi~ matter further before any action is taken. Co..issioner Voss .oved, seconded by Comais81oner Hasse and carried unani.ously, that the two-year lease for office space at the Court Plaza for the Collier PUblic Health Unit be postponed for one week. Ite. 113 RECOMMENDATION TO REJECT OPFER ON SALE OP COUNTY HELICOPTER _ APPROVED. AUTHORIZATION TO TALK WITH A BROKER RE SALE - APPROVED Comaissioner Holland .oved, seconded by Comaissioner Has.e to reject the offer on the sale of the County Helicopter. C~missioner Holland stated that he does not want to secure a brokerage firm, adding that his m~tion is to simply reject the offer as there has been a lot of money spent on this helicopter. County Manager Lusk stated that at budget time, it was known that the money would be spent on the helicopter and then Staff would think about purchasing a new helicopter. He stated that he needs direction on what to do at this point if the helicopter is not to be sold. He stated that he ~uld like to have a broker sell it for $150,000 and if that money cannot be obtained, then the helicopter will not be sold, which is why it has been recommended to reject the offer of $60,000. Commissioner Holland stated that he would suggest that they use the helicopter that they presently have for a little longer, even though the County cann~t charge for transporting. Upon call for the question, the .otlon carried unanl.oualy. County Manager Lusk stated that the helicopter had an appraisal done on it which showed $200,000, adding that he is saying that if a broker can get $150,000 then they could sell it, otherwise, they will keep the helicopter. He stated that the Commission should find out if the helicopter can be sold for that. He noted that the broker could be told that the County wants to net $150,000 for the helicopter and then there would be no fee to the County. Commissioner Voss stated that it seems reasonable to get a broker in and ask him how much he thinks he could sell it for and what he would charge. ~o~~ 091 p~r,r 583 Page 20 ""~-""-,-"....""--,._--_..~",,,,, 1m 0glp~r,~584. .January 7,1986 Co.missioner Voss aoved, seconded by Co.missioner Ha.se and carried 4/1, (Co..issioner Holland oppo.ed), that a broker be asked what the helicopter could be sold for and what the broker would charge for his fee. Ite. 114 FULL PAY FOR BOARD EMPLOYEES FOR NEW YEAR'S EVE - APPROVED Commissioner Pistor stated that this matter has to do with time off that was given to employees on New Year's Eve. County Attorney Saunders stated that various offices in the County were closed approximately 2 h~urs early on the day before New Year's, adding that thcre was no set vacation day for that day. He stated that the Board needs to authorize the Clerk to pay the full salaries for the employees that left early on that day. He stated that it should be considered extra holiday time. Co..issioner Has.e .oved, seconded by Co..i.sioner Vo.. and carried unani.ously, that full pay for Board Employee. for New Year'. Eve be approved. Ite. 115 ROUTINE BILLS - APPROVED FOR PAYMENT Pursuant to Resolution 81-150 the following checks were issued throlJ3h Fr iday, January 3, 1986, in payment ~f routine bills: CHECK DESCRIPTION CHECK NOS. AMOUNT Vendors 136927 - l37792 22380 - 23965 $ S,389,711.81 $ 272,163.49 BCC It.. 116 BUDGET AMENDMENTS 86-95/l00; 86-l02/105, 86-l07/l10, AND 86-l12/ll4 _ ADOPTED Commissioner Voss .oved, seconded by Commissioner Has.e and carried unani.ously, that Budget Amendments 86-95/100, 86-102/105; 86-107/110; and 86-1l2/l14 be adopted. Ite. 117 PRESENTATIOY BY AT'T AND UTS R! TELEPHONE SYSTEM. COMMITTEE OF TECHNICAL PEOPLE TO GET TOGETHER AND TRY AND RESOLVE TELEPHONE PROBLEMS AND C~~E BACK TO THE BCC IN TWO WEEKS WITH A REPORT Purchasing Director Thiele stated that this is to discuss telephone problems that the County is having with the telephone system. Mr. Daryl Combs, District Repair Manager of AT&T, stated that this Page 21 - - - .. - - January 7,1986 system was purchased thr~uqh them and contracted with them to install it. He stated that his responsibility is to maintain the equipment that is on premise that was purchased from th~m. He stated that at the present time, they are ~~intaining the switchb~ard itself. He stated that he pulled the tr~uble history for the C~unty switch~oard and as of November 11, 1985, there were 14 trouble reports reported to AT&T. 18 There was gen~ral discussion regarding complaints on calls that are coming into the c~urthouse, such as getting busy signals when trying to call in; no tone at all after calling out; no dial tone when you pick up the telephone to try and dial out; and making local calls that end up being long-distance calls. Commissioner Holland questioned how many service people are in N"ples, to which :-Ir. Combs replied two. Commissioner Holland stated that he does not know if the trouble is with AT&T or UTS, but the telephone system does not function properly. He stated that the assurance from AT&T when the C~unty purchased the equipment was that th~re would be adequate service people here. Mr. Combs stated that all the problems have to be reported before they can do anything_ Commissioner Holland stated that there is an extra switchboard sitting in the Sheriff's Department because there has been so much trouble and they are not sure of the one that is currently being used. Mr. Bill Hill of United Telephone Service stated that there seems to be a communication problem between the telephone companies to begin with, adding that he would like to suggest that a committee of technical people get together and try and work out the problems. He stated that he has not had that many reports from the County either. He reported that there is so~e confusion on the Purchasing Director's end as he is not sure whether to call AT&T or UTS when there is a problem. Commissioner Voss stated that a representative of AT&T and UTS, as well as Purchasing Director Thiele and William McNulty from the Sheriff's Department should be on the committee. Co.missioner Pi.tor directed that the committee of technical people get together and try and resolve the problems and come back to the Board with ~ report in two weeks. Item U8 &OOK 091 PF.¡ 585 Page 22 r -'-__.~·.__'··"__'~~'·H._'~·~_"_' aDDK 091 fAq 588 January 7, 1986 LOHG-RAHGE INFRASTRUCTURE AD BOC COMMITTEE RESTRICTED TO NINE MEMBERS. DAVID BENNETT APPOINTED TO SAID COMMITTEE Mrs. Charlotte Westman, representing the League of Women Voters, stated that there should be a limit set on the number of members that are gång to be appointed to the Long-Range Infrastructure Ad Hoc Committee. Commissioner Voss .oved, seconded by Com.issioner Goodnight and carried unani.ously, that Mr. David Bennett be appointed to the Long-Range Infrastructure Ad-Hoc Com.ittee. Commissioner Voss .oved, seconded by Com.is.ioner Holland and carried unani.ously, that the Long-Range Infrastructure Ad Hoc Co..ittee be li.ited to 9 me.bers. Ite. 119 MARX HARDGROVE APPOI1fTED TO GOLDEN GATE COMMUNITY CENTER ADVISORY COMMITTEE FOR A TWO YEAR TERM Comaissioner Hasse aoved, seconded by Commissioner Voss and carried unani.ously, that Mark Hardgrove be appointed to the Golden Cate Co..unity Center Advisory Committee for a two year ter.. Commissioner Hasse stated that he w~uld like Mr. Ralph Partington's resume held for the next available opening. Ite. '20 WARRANTY DEED ACCEPTED FROM LELY FOR EAST NAPLES LIBRARY SITE Commissioner Holland stated that he has a warranty deed for an acre of land balow Lely for the purpose of the County having a library. He stated that he accepted the warranty deed for Commissioner Pistor when he was out of town. Co..issioner Holland .oved, seconded by Comaissioner Voss and carried unani.ously, that the warranty deed for one acre of land fro. Lely to be used for an East Naples Library site be accepted. Page 23 - - - -_......._'~"--'""_.,..,..._---"-,,,..,,. " l' II. ..___,=,.,....~"...,'_ " ., .. .. .. Jðnua ry 7, 1986 ..... Commissioner Voss .oved, seconded by Co.missioner Hass. and carried unanimously, that the Consent Agenda b. approved and/or adopted: ..... It.. '21 CARNIVAL PERMIT 86-l RE PETITION C-85-5C, HANDICAPPED IN ACTION, INC. FOR A CIRCUS ON MARCH 5, 198' AT CORNER OF GREEN BLVD. , SR-95l See Page ...5 9,7 It.. '22 FINAL PLAT OF IMMOMLEr; INDUSTRIAL PARK. PRELIMINARY ACCEPTANCE OF REQUIRED IMPROVEMENTS , MAINTENANCE SECURITY Item '23 CONCEALED PISTOL PERMIT NO. 86-2 TO WILLIAM L. BLACKWELL Ite. '24 CONTRACT '2-86 WITH AREA AGENCY ON ACING FOR FUNDING UNDER TITLE III OF THE OLDER AMERICANS ACT Se. Page. 597 - ~ II Ite. '25 LICENSE AGRE~ENT BETWEEN APAC-FLORIDA, INC. AND THE BOARD FOR THE WELLFIELD MONITORING PROGRAM See PðgU {PI,., {" /..3 Ite. '26 EXPENDITURE OF $5,328 FOR MISSIMER' ASSOC., INC. TO PERPORM GROUND- WATER MONITORING PROGRAM AT IMPERIAL GOLP CLUB See Page C, / ~ Ite. '27 AGRE~EHT WITH DEVELOPER OP KELLER'S RENTALS RE INTERIM ON-SITE SEWAGE TREATMENT FACILITIES See P'g.. tØ/S-t/C, Ite. 128 PIVE POSITIONS FOR THE LELY WASTEWATER TREATMENT PI.ANT Wastewater Lead Operator -B- Wastewater Operator II Wastewater Operator I Collections Systems Mechanic Collections Systems Mechanic aD OK $18,l3l $14,917 $l2,272 II $14,908 I $12,878 091 PAr.r 593" ._----""""';- Page 24 lOOK 091 p~q 594 J an u a ry 7, 1 9 8 6 It.. 129 MAINTENANCE CONTRACTS WITH WEST COAST ELEVATOR FOR BUILDINGS A, F , J See Pagu !n17-&,';''/- I Ite. 130 FISCAL OFFICE TO PROCESS BUDGET AMENDMENT REQUEST RECOGNIZING JUSTICE CENTER RELATED OBLIGATIONS ORIGINALLY BUDGETED IN FY 1984-85 It.. 131 FISCAL OFFICE TO PROCESS BUDGET AMENDMENT TO TRANSFER FUNDS FROM JUSTICE CENTER RESERVES INTO ASBESTOS REMOVAL BUDGET Ite. 132 CERTIFICATES OF CORRECTION TO THE TAX ROLL - PRESENTED BY PROPERTY APPRAISER 1985 Tax Roll Nos. 114 through 122 Dated 12-13/18-85 1985 Personal Property Nos. 1985-82 through 1985-10l Ite. 133 EXTRA GAIN TIME FOR INMATE NOS. 40509, 46873, 46576, 43949 AND 41691 Dated l2-l6/26-85 Ite. 134 MISCELLANEOUS CORRESPONDENCE FILED AND/OR REFERRED There being no objection, the Chair directed that the fOlllowing correspondence be filed and/or refcrred to the various departments as indicated below: 1. Letter dated l2/16/85 from William K. Clark, Executive Director, Area Agency on Aging, enclosing a copy of the Second Semi-Annual Monitoring Report for Collier County Aging Program. Referred to Pam Brangaccio, Don Nort~n and filed. 2. Letter dated 12/16/85 to Steven M. Fain, Director of Finance for the School Board, from James C. Giles, Fiscal Officer, enclosing information relating to the racing tax funds the C~unty receives. Referred to Lori Zalka and filed. 3. Letter dated 12/08/85 from Myron E. Click, Attorney at Law, regarding proposal by Golden Gate Country Club to build a bank and two office buildings at Cx-95l & Golden Gate Pkwy. Referred to Missy McKim and filed. Page 25 - - - W"""__"'"",",<".".·."~.~.....,,,,."~,,~ _..,.-.~"",.,,.,.,.,- .. .. .. J an u a ry 7, 1986 4. Memorandum received 12/l3/85 from Richard F. Barrett, Director, Dept. of Community Affairs, re Notice of Fund Availability. Referred to Pam Brangaccio, Vickie Mullins, w/attac~~ents and filed. 5. Letter dated 12/20/85 fr~m Tom Lewis, Jr. AlA, Architect, Dept. of Community Affairs, advising of two scheduled workshops for the Federal FY 1985 Small Cities CDac Pr~gram. Referrcd to Pam Brangaccio, Vickie Mullins and filed. Memorandum dated 12/09/35 from J. 8. Abbott, Davcon Corp. of Texas, re review of Dravo proposal in Solid Waste Dept. office on 10/28/85. Referred to Bob Fahey and filed. 6. 7. ~tter dated 12/10/85 from Douglas L. Fry, DER, enclosing short form application (File No. 111133035) dredge and fill permit. Referred to Vickie Mullins, Dr. Proffitt and filed. Res~urce Alert Action Report from DNR dated 12/09/85 re Case I.D. 8501827, Complainant Gary Seardsley re development off Old J-t./'y. 41 to Bonita Springs. Referred to Vickie Mullins and filed. 8. 9. Copy of letter dated l2/l7/85 to Mr. James B. Kuhlman from Carlos R. Carrero, Engineer, DNR, approving Permit No. CO-l05, Permittee A. Dewitt' Barbara W. Smith. Referred t~ Vickie Mullins, Dr. Proffitt and filed. lO. Resource Alert Action Report from DNR dated l2/lS/85 re Case I.D. 8501868, Complainant Anon, re mangrove trimmed in fro~t of Riverwilderness at Captains Table and fact that they have a y~ung panther in a cage. Referred to Vickie MUllins, Dr. Proffitt and filed. Memorandum dated 12/17/85 from B. J. White, Parks Land SupervisQr, DNR, attaching Land Acquisition Selection Com- mittee's priority list for 1986. Referred to BCC, Pam Brangaccio and filed. 12. Memorandum dated l2/l8/85 from Clerk William Reagan to James Giles re acc~unting for Naples Cay Court Settlement and en- Closing operating statement. Referred to Don Lusk, Lori Zalka and filed. 11. 13. Memorandum dated 10/31/85 from Mark Hendrickson, Executive Director, Florida H~using Finance Agency, attaching a copy of the legal Notice of Public Hearing Concerning Bonds to Finance Residential Rental Projects. Referred to Don Lusk, Burt Saunders, Pam Brangaccio and filed. 14. Letter dated 12/10/85 from James A. Neff, Jr., Chief, Dept. of General Services, requesting updates in the Federal Surplus Property Utilization Program and enclosing forms. Referred to Mark Thiele w/attachments and filed. aaOK 091 pÂr,( 595 Page 26 ¡oQ1t '_-......_"O-.'..,_.'....."".~"'.~.-,...,...._"4~".,...".__.""__.__-'"._.,_.~, '_'_~ 091 PAr,l5rJS January 7,1986 15. Letter dated 12/16/85 from Wm. Whitcomb, Assistant Chief, Dept. of Insurance, Treasurer, attaching a claim concerning Regency Farmn. Referred to Sherry Rynders, Tom Crandall and f 11 ed . l6. Notice received 12/20/85 from Land and Water Adjudicatory Commission re Prehearing Stipulation by S~uthwest Florida Rl;!gional Planning Council re Parklands DRI. Referred to Pam Brangaccio, Vickie Mullins and filed. 17. Notice received 12/20/85 from Land and Water Adjudicatory Commission re Final Order of Dismissal re Lely Estat~s, Inc. and Collier County, Florida. Referred to Pam Brangaccio, Vickie Mullins and filed. 18. Notice received 12/26/85 from Land and Water Adjudicatory Commissi~n re Amended Final Order of Dismissal, FLWAC Case '85-16, FI. ~pt. of Community Affairs vs. Lely El>tates, Inc. , Collier County, Fl. Referred to Hurt Saunders, Pam Brangaccio, Vickie Mullins anJ filed. 19. Notice received 12/27/85 from Land and Water Adjudicatory Commission re Florida L~nd and Water Adjudicatory Commission Agenda and attac~~ents for Jan. 7, 1986. Referred to Burt Saunders, Pam Brangaccio, Vickie Mullins and filed. 20. Minutes of City of Naples, 12/04/85 and CCPe 11/21/85 (a.m.) 10/2l/85 (p.m.), 12/05/85 and agenda for 12/19/85. 21. Letter dated 12/09/85 from K. Osgood, Surveillance Unit, Municipal Bond Insurance Assoc., advising of the issuance of an insurance policy on municipal issue: $6,000,000 Collier Co. Imp. Rev. (9/3/80). Referred to James Giles & filed. 22. Letter dated 12/17/85 from Chester A. Higgins, Sr., Director of PUblications, National Association of Counties, enclosing an Achievement Awards Application Form. Referred to Don Lusk, w/attac~~ents and filed. 23. Letter dated 12/17/85 from Olimpia Boveda Depena of Smoot, JOhnston, Johnson, Green, P.A. re Sun Rise Enterprises of SW FL., Inc. d/b/a Sun Lines. Referred to Occupational License and filed. 24. IP.tter dated 12/16/85 from Charles W. Pemble, P.E., Director, S~uth Florida Water Management District, re Colden Gate Com- munity Park aCkno~ledging receipt of Intent to Construct Works pursuant to Rule 40E-40, FL. Admin. Code. Referred to Pam Brangaccio, D?n Norton, Tim Vanatta and filed. 25. Letter dated 12/13/85 from Robert L. Patton, Controller, Tax Collector, advising of distribution of Current Ad Valorem Tax to SCC and attaching recap showing year to date totals. Referred to Lori Zalka and filed. 26. Copy of letter dated 12/06/85 from Gene Mynard, Fl. Dept. of Transportation, to James Giles, attaching Check No. ~2l, $60,000, Gas Tax Funds. Referred to Lori Zalka and filed. Page 27 - - - .........-.~.".."'''~''''"',~'''_..~._--,''" .. .. .. January 7, 1986 27. Letter d~ted 12/24/85 from C. C. Barrett, Jr., Fl. Dept. of Transportation attaching Announcement of the Availability of funds for the 80/20 Cooperative À~sistance Program and Rule 14-89 governing the use of the funds. Referred to Jeff Perry, Vickie Mullins and filed. 28. Letter dated l2/ll/aS from Charlotte M. Adams, Acting Regional Administrator, U. S. Dept. of Transportation, attaching a c~py of UMTA's revised Circular 8l00.lA. Referred to Jeff Perry w/attachments and filed. * * * * * * There being no further business for the Good of the C~unty, the meeting was adjourned by Order of the Chair - Time: 3:20 P.M. BOARD OF COUNTY COMMISSIONERS/ BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL ,~." ~~: PI~R. i¡£~ ..-A.1'TEST·: IJ I .,""~!~LIAl'I(J. ('~EAGAN, CLERK :.. :¡;.", --',,,1,, c- =w.~ ';~'.' r:~~~ . ....·1 ;.... ·ml n~~s . pp,ov.. by the Bee on ß~. '·7 ,.2/. /7/" ¡: ···.'''4 ~ "\p',\t" ---- t/ presinted ~ or as corrected . as lOOK 091 p~r,! 597 Page 28 ..,,-,,~..._"'--,....-- ...... "·_"'-'''''''''''''_______"""'''_''<M-'' *