BCC Minutes 10/08/1985 R
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Naples, Florida, OCtober 8, 1985
LET IT BE REM~MbERED, that the Board of County Commission~rs in
and for the County of Collier, and als~ acting as the Board of Zoning
Appeals and as the governing board(s) of such special districts as have
been creat4d according to law and having conducted business herein, met
on this date ~It 9:00 A.M. in Regular Session in Building "f'· of the
Courthouse Complex, East ~aples, Florida, with the following members
present:
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CHAIRMAN: Fr~derick J. Voss
VICE-CHAIRMAN: John A. Pistor
/'lax A. Hass.
C. C. "Ked" Holland
Anne Goodnight
ALSO PRESENT: William J. Reagan, Clerk: James C. Giles, Fiscal
Officer~'Maureen Kenyon, Deputy Cl~rk: Donalo B. Lusk, County Manager;
Neil Dorrill, Assistant County ~nager; P~m Brangaccio, Deputy
Assistant County Manager; ~urt Saunders, Coun~y Attorney; Tom Kuck,
Public Works Administrat~; Tom Crandall, Utilities Administrator: Don
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Monler, Ut'illt1es Administration Direc'For: Vickie Mullins, Community
Development Ad~inistrator; David Pettrow, Planning/Zoning Director;
Nancy Israelso~, Administ!ative Assistant to the Board; and Deputy
O\1ef Ray BarMt~, 5her1ff~s Department.
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aDo,; 090 PA~E 122
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October 8, 1?85
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AGENDA - APPROVED WITH CBAHGES
Fiscal Officer Giles stated that he would lik4 to have three items
take~ off the :ons~nt agenda for considerdtion.
Commissioner Voss indicated that this was put in writing by. fiscal
Officðr Gil~s ùnd no one respond4d to it.
fiscal Officer Giles indiCdted that one ol the items regarding the
County Manager's raise and tne County Attorn~y's raise has been taKen
off ~he consent agenda, but he would like l6A2 and l6D2 discussed
furth~r.
Commissioner H~ss. stated that he would like to discusß Item l6A2
and Co~~issioner Holland stated that he would like to discuss Item
l6D2, w~tch were both put unoer Item 13, the Board of County
.
COmmissioners.
Clerk Reagan stated ~hat Piscal Officer Giles wro~e a memo
requesting~that a fe~ of ~he consent agenda items be moved to the
regular agenda for discusslon, adding ~hat in the past anything that
was on the agenda that was requested to be moved to the regular agenda
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was done. He stated that.even though he is not a voting member of the
bOdrd, he has a judiciary responsibility to the public while he 1s
sitt~;q on the bo~rd as e~ofticio and when something is requðsted to
be removed, he dld not know that there needed to be a response before
anything could be requested to be removed. He stated that if thc
policy is going to be that he should lobby a Commissioner to have him
remove an item, he will do that, but the rules should b~ set. He
stated that hQ would like to know what the policy is going to be for
the future.
Commlssioner Voss stated that the only people that can take an
item off the Consen~ Agenda is a Commissioner. He stated that a memo
was written and if a Commissioner wishes to take th. item off they have
that choice. He stated that ~f a Commissioner supports the idea of
removing an item they can do that.
Clerk R-.agan stated that the memo was written to the Chairman and
he would e~pect the Chairman to take some action indicating whether the
items are going to be removed from the agenda or not. He stated that
it has always been a routine matter in the past, but if there is some
problem with it nq~, h~ would like to know what method he should use.
County ~~nager Lusk stated that the problem is that this agenda is
aoo~ 090 S'J~ 130
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the Commissioners and if there needs
come from the Commlssionerø.
Octobe r 8, 198 ~
to be changes made, they should
ask individual Commissioneis
it would be appropriate to
Cldrk Reagan questionE;d if he should
to remove items, adding that he felt that
ask the Chairman to remove items.
Commissioner Voss stated that he did not feel that the items
should be removed from the agenda.
Clerk Reagan stated that the Chairman should bring up the subject
indicating that a certain item has been req~ested to be removed from
the agenda and then question if there is a motion to remove such item
or not, adding that this is usually what a Chairman does. He øtated
that this is the way it has been done in the past.
Com~issioner Hasse stated that if there are any
Clerk Reagan can come to hi~ to discuss the problems
that it is taken care of.
Co..i.sioner Holland
carried unani.ou.ly, that
cb.ngess
tuture problems,
and he will see
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aoved, .econded by Co..i..ioner Pi.tor .nd
the .genda be .pproved with the following
1. Item lOO(l) re PAR's moved to l3G
2. Item 100 (2) re Rookery Bay Nati/)nal Estaurine Sanctuary"
property m/)ved to lJe. . ,.
3. Item SC(2) added re emergency amendment to Hoad Impact Fee
Ordinance. (County Attorney) .
4. Item 13D added rc discussion ?f Cultural Center;a:-
(Commissi?ner Voss) \ .
5. Item l3E added re resolution app/)inti~g members to the
CCPC and establishing terms for such members. (Comm. Woss)
6. Item l3F added re discussion of Chambec of Commerce offer
to unoertake a study of occupational tax structure. '(Comm.
Voss)
7. Item lOE(l) added re recommenda~ion to adjust adopted
millage rates for hSTD koad Oistrict 12 and for Collier:
County Production Park Street Lighting District. (BUdgé~,
officer)
8. Item lOE(2) adoed re r~comm&ndation to reimburse Helicopter
P1lot for out-of-county travel.
9. Item 16A(2) re qual1tied contractor for Economic Developnerlt
Department moved to 13M at request of Fiscal Officer Giles.
lO. It~m l6U(2) re Sewer Area "A" Spray Irrigation Project moved
to Item l3I at request of Fiscal Officer Giles.
Ite. 12
MIMUTES or BUDGET BEARING or 9/18/85, PROPERTY APPRAISAL ADJUSTMENT
BOARD or 9/20/85 AHD 9/23/85; SPECIAL COMPo PLAN or 9/23/85, AND
REGULAR MEETING or 9/24/85 - APPROVED
Co.mi.sioner Goodnigbt .oved, seconded by Co.-issioner pistor .nd
carried unani.ously, th.t the .1hute. of the budget he.ring of
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October 8, 1985
Septe.ber 18, 1985, tbe Property Apprai..l Adju.tment Board of
Septeabar 20, 1985 and Septe.bar 23, 1985, the Spec1.1 Co.p. Pl.n of
Septeaber 23, 1985, and the Regul.r .eeting of Septe.ber 24, 1985, be
.pproved .. pre.ented.
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PROCI..AMTIOII DESIGllATIIIG OCTOBBR 12, 13, AlII) 14, 1985, AS "COLUMBUS DAY
WEEKEND- - ADOP~£D
proclamation, Commissioner Hasse moved,
Gooaniqht and carried unanimously, that the
October 12, 13, and 14, 1985, as "Columbu~
Upon readinq of the
seconded by Commissioner
procldmation.designating
Wdekend" be adopted.
Mr. Lou ~ldo, representing the Naples Italian
extended his thanks and wishes to the Commissioners
attend.~he celebrAtion on Columbus Day Weekend.
American Club,
and invit.d them to
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Octob4t r 8, 1985
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PROCLAMATION DISIGMATIMG TBE WEEK or OCTOBER 6-12, 1985, AS "NATIO~AL
4-8 WEEK" - ADOPTED
Commissioner Goodnight read and presented the proclamation to
m~mbers of the 4-H Club. She i¿dicated that it gives her qraat pride
to present the proclamation a~ she is very pr~ud of the 4-H.
Co..issioner Goodn19ht .oved, seconded by Co.-is.loner pistor .nd
carried unanlaously, th.t the Proclamation ðe.ignatin9 the week of
October 6-12, 1985, .s "Natlon.1 4-8 Week" be .dopted.
Two repr~ßenlatives of the 4-H Club, Miss Mðttvrson and Miss
Riner,.~ndlc~ted the accomplishments of the 4-H Club over the past year
after t6~nkinq the Commissioner, for thei; time, effort, and supp~rt.
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October a, 1985
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TAX COLLECTOR CARLTON PRESENTED A CHECK 1M 'I'HE AMOUNT or $624,329.88
rOR UNUSED rEES
Tax Collec~or Carlton presented a ch~ck tQ Fiscal Officar Giles in
the am~unt of $624,329.88 for unused fees.
Ite. 16
ORDINANCE 85-56 RE PETITIO. PDA~85-9C, JAMES VENSEL, REPRESENTING
DELTONA CORP. RE AM AMEMDMENT TO MARCO SHORES PUD - ADOPTED.
PETITIONER'S AGREEMEN'I' ACCEPTED
Legal n~tic~ having been published in the Naples Daily News on
September 6, 19a5, as cviá~nced by Affidavit of publication filed with
~he Clerk, pUblic hearing was opened to conslder Petition PDA-85-9C,
fildo ~ James V~nsel, representing ~ltona Corporation, re an
amendment to ~he I".arco Shores PUD to change the name to "Marco Shores
Golf Course C~mmunitYI, to all~ additional types of dwelling units,
and to changd the locatio~ of th-. major east/west acc-.ss road f~r
?r?pûrty \òcateo ?n the last side ~f S.H. 95l in Sectlon~ 25, 27, and
28, Town.nip 5l S~uth, Har1q.. 26 East. '¡
Planning/Zoning Director Pettrow stated that the property is
located bdtwee~' the intersec~ion of S.R. 95l and Mainsail Drive and the
~arco Airport and c~nsists, of 32l acres. He noted that lands to the
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nort,n, 'east and south are ·zoned A-2, and A-2 "ST", and lands to the
w~at aTe zoned A-2 wciT". He indicated that the lands to the north,
s~uth and west are undeveloped and to the east is Marco Airport. He
reported that Staff and all appropriat~ County agencies reviewed this
p~tition and recommended ap~'oval and the CAPC held their public
heõring on September lò, 1985, and unanimously recommended approval
with th~ stipulation that th!r Stipulations S.c. and d. frl)m September
12, 1985, staff report be deleted and that a stipulation be added that
each fractionalized tract shall be a minimum of 5 acres. He noted that
one letter of I)pposition was received from Edward L. Twohey expressing
concern regarding density an~ the effect on sales of existing vacant
condominiums. He noteo that there is no increase slated in the density
for these proposea changes, adding that the name is being changed
because a project to the north was recently ~pproved and the petitioner
wants to avoid the conflict of having a similar name. He stated that
the Mainsail Drive alignment-is being changed, adding that the original
PUD called for d road to be shifted further to the south but the
petitioner would liKe to keep the road as it is currently built. Mr.
~o~U90~p.: 138
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Pettrow stated that it is not a change in tho physical design, but a
change in the amendment to th. PUD; there are s~me modifications
concerning the fire department; and this will allow sinqle-family,
multi-f~mily, clusters, zero lot lines, etc. but each parcel's
integrity will be maintained as far as the housing type.
Mr. Jamœs Vensel, representing the Petitioner, stated that there
are four basic ~odifications to the PUD that are being proposed; one is
that the main entrance road on the plan is being located where it
actually exists; another is modification of certain areas to make it
conform to the large PUD that was approved, which is a fire site
commitment that is being shown on the PUD; ånd another is the change in
name to make it less confusing with the one of last year: and the last"
Is to broaden the housinq types th3t can be available so that the
mÐrketplace can be m~re readily responded to, adding that he has not
increased th~ density nor has the character of the development changed.
In answer to Comoissioner Pistor, Mr. Vense~ stated th~t ~eltona's
involvement in the fire station that is presently under construction on
S.H. 951 is the result of their commitments in the original PUD, adding
that as part of East Haples' review of this PUD, East Naples Fire
District asked for in the future, a site to be located in the are~ so
that when the PUD is built ~ut or nearly built "Out, there will be·a '.
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site close to the Marco Island Airport anå the' PUD.
Commissioner 80ll.nd aoved, .econded by Co"i..ioner B.... .nd
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c.rried unanimously, that the public hearing be closed. ,
Commissioner Hasse moved, seconded by Com.issioner Holland .nd
c.rrled unanimously, that the Ordinance .s num~red .nd entlt~~d below
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be adopted and entered Into Ordinance Book No. 21 and th.t the
Petitioner's ~reem.nt with th. .mended ~tipul.tlons be .ccepted~
ORDINANCE 8S-56
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AN ORDINANCB AMEMDING ORDINANCE 81-6 MARCO SBORES PLANHED
RESIDENTIAL COMMUNITY WHICB CHANGED THE ZONING CLASSIfICATION
FROM -A" AGRICULTURAL TO -PUD- PLANNED UNIT DEVELOPMENT ON
THE FOLLOWING DESCRIBED PROPERTY; PART OF SECTIONS 26, 27,
AND 28, TOWNSHIP 51 SOUTH, RANGE 26 EAST; AMENDING THE NAME
OF THE EXISTING MARCO SHORES PLANNED RESIDENTIAL COMMUNITY TO
MARCO SHORES GOLF COURSE COMMUNITY, AMENDING SECTION 1.02,
NAME; AMENDING SECTION 4.03, USES PERMITTED, AMENDING SECTION
4.04, REGULATIONS; AMENDING PUD MASTER PLAN; AND PROVIDING AN
EFFECTIVE DATE.
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October £, 1985
I Ua "1oJ: 090 "Ar~ 139
ORDIMAMCB 85-57 RE PETI'I'IOM R-8S-1IC, WILSON, MILLER, BARTON, SOLL ,
PEEK, REPRESENTING JAMES KINGSBURY, RE REZONE PROM A-2 '1'0 PUD KNOWN AS
EAST TOLL PLAZA RV RESORT - ADOPTED. PETITIONER'S AGREEMENT ACCEPTED
Legal notice hðving been published in th~ Naples Daily News on
Septcmb~r 6, 19Ø5, as evidc~ced by Affidavit of PUblication filed with
the Clerk, public nearing was opened to cQnsider Petition R-85-11C,
filed by Wilson, Miller, Barton, Soll , Peek, representing James
Kingsbury, requesting a rezone from A-2 to PUD known as East Toll Plaza
RV Resort to consist of a maxi~um number of'240 RV lots on 19.7 acres
for property located on the south side of S.R. 94, approxiraately one
mile east of C.R. 95l.
Planning/Zoninq Oirector Pettrow stated the peti~ion.r wishes to
develop an HV resort with 240 lots and associated facilities such as
pavilion, ßwimming pool, ano shuffleboard. lie noted that di.rectly to
the west is the Toll Plaza RV park PUD and the remaining lands
surrounding the subJect property are zoned A-2 with some "5T". He
stöted that the lands to the north, south and east are undeveloped
except for some scattered sinqle-family residencês to the south. ~e
rel'orted that Staff and all appropriate CountY..8';1encies have revi~wed·
this petition and r~com~cnd approval with stipulations.", Also, that the
CAfe held their public hearing on September 19,·l985, and unanimously
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recommended apFrOvJl subject to amendment of the PUD documfnt per Staff
report dated September l2, 1985, ahd with the (ollowing additional
provisions that LeBuff koad shall be maintöined so that it is passable
by an automobile; ana that clearing and filling~activities be ~one in
th~ dry season, which should a~leviðte the concerns of Deborah Lashley
who had written a letter in opposition and also spoke at the CA~;
hearinq.
Tap. '2
Mr. Allen Reynolds of Wilson, Millar, Barton, SoIl' Peek, Inc.
stated that the changes that have been r~commended have been incorpo-
rated into the PUD doc~ent. He stAted with reqard to the passability
of th~ road, which is currently ö 60' wide limerock road, it will be
maintain~d and remain passable as A limerock r03d, but ultimately it
will be upgraded and pðY~d tQ County standards by the developer at his
expense.
Comaissloner Pistor aoved, .econded by Co..issioner Goodnight and
carried unaniaously, th.t the public he.ring b. clos.d.
Co..i.sioner Goodnight aoved, s.conded by Co..issioner Pi.tor .nd
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October II, 1985
carried unani.ously, th.t the ordln.nce .s nu.bered .nd entitled below
b. adopted .nd entered into Ordinance Book No. 21 and that the
Petitioner's A9reement with the a.ended stipulations be .ccepteds
ORDINAIICE 85-57
AN ORDINANCE AMENDIIIG ORDINANCE 82-2 THE COMPREHENSIVE ZONING
REGULATIONS FOR THE UNINCORPORATED AREA OP COLLIER COUNTY,
PLORIDA BY AMENDING THE ZONING ATLAS MAP NUMBER 50-26-1 BY
CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED
REAL PROPERTY FROM A-2 TO "PUD" PLANNED UNIT DEVELOPMENT FOR
PROPERTY DOWN AS EAST TOLL PLAZA RV RESORT AIID PROVIDIMG All
EFFECTIVE DATE.
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ORDIKAHCB 85-58 RB PETITIO. R-85-14C, VINBS , ASSOCIATES, REPRESENTING
ADOLPHUS, INC., RE A RBZONE FROM RMF-6 TO IL ON THE NOR'I'HWEST CORNER OF
IKTERSECTIO. OF GOODLETTE-F~K ROAD AND CREECH ROAD - ADOPTBD.
PETITIONER'S AGREEMENT ACCEPTED
Leqal n~tice hðving been published in the Naples Daily News on
September 6, 1985, as evidenced by Affidðvit of Publication filed with
the Clerk, public hearing was opened to consid~r Petiti?n H-H5-l4C,
filed by Vines' Ass?ciat9s, representing Adolphus, Inc., reque~tin9 a
c~zone fr~m kMf-6 to IL for expansion ~f an existing wareh~us~ for
proiJerty l~c/Jted ~n the northwest corner of the lnt!asectlon of
Goodlette-Frank Road and Creech Road.
planning/ZoninJ Director Pet trow stated that this property
c~nsis~, of .l5 acres and is a 33' x l55' parcel, adding that expansi~n
of this~~arehouse will take place on the existing light industrially
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zoned lands, not on the proposed light industrially zoned lands. He
stated that the .l5 acres.will provid~ yard space in additi~n to the
required fjfty f~ot sld~ yard whicn will separate the expanded
warehouse from the adjoinfng RMF-6 property. He noted that lands to
th~ north and ~ast are zoned light industrial and further to the east
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across Goodlette-iran~ Ro~d is the Wilderness PUD, adding that lands to
the south and west are z~ned RMf-6. He stated that to the north is a
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sin9¡.·family dwelling unrt and to the east and west is vacant land and
to the~south is a parking lot for ~Þntgomery Elevator Company. He
noted that this petition complies with the Comprehensive Plan and the
adjoining HMF-5 property to the west is vacant and will remain that way
as it functions as a water catch area. He noted that there were three
letters receiVed in opposition, but no one spoke against this petition
at the CAl~ hearin3 which was held on September 19, 1985, and they did
recommend approval. subject to the stipulations contained in the
petitioner's Agreement.
Mr. ~illiam Vines, representin~ Adolphus, Inc. stated that he has
no objections to the stipula~ions.
Co~issioner Pistor .oved, seconded by Co~i.sioner Bas.e and
carried unani.ously, that the public hearing be closed.
Co..i.sloner Pi.tor aoved, seconded by Co.-is.loner Hol1.nd .nd
carried unani.ously, that the Ordln.nce .. nuabered .nd entitled below
be .dopted and entered into Ordinance Book No. 21 .nd that the
petitionerls Agreement be accepted a
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Octobe r 8, 198 S
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ORDINANCE 85-58
All ORDINAXCI AMINDUIG ORDINAIICI 82-2 THE COMPREHENSIVE ZONING
REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY,
FLORIDA, BY AMIHDIMG THE OFFICIAL ZONING ATLAS MAP NUMBER
49-25-5 BY CBANGING THE ZONING CLASSIFICATION OF THE HEREIN
DESCRIBED PROPERTY LOCATED AT THE SOUTHWEST CORNER or THE
INTERSECTrON OF GOODLETTE-FRANK ROAD AND CREECH ROAD FROM
RMF-6 TO IL; AlID BY PROVIDING FOR All EFfECTIVE DATE:
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October 8, 1985
Ite. 19'00( 090PJ,,~145
ORDINANCE 85-59/RESOLUTIOM CWS 85-9 RELATING TO SEWER RATES AND
COHNECTIONS lOR PROPERTIES WITHIN SEWER AREA "c" 01 THE COUNTY
WATER-SEWER DISTRICT - ADOPTED
Leqal notice having been published in the Naples Dðily News on
5ept6mber 19, 1985, as evidenced by Affidav!t of pUblication filed with
the Clerk, public hearing was opened to consider sewer rates and
connections for properties within Sewer Area "C" of the County
water-Sewer District.
Utilities Administration Director Mohler stated that this is a
housekeeping function and to complete the formaliti.s of ..tablishing
the rates in Area ·C· for the Foxfire Plant, the sam. as those in Area ..
· A-.
cosaissioner Holl.nd .oved, .econded by Commissioner Pistor .nd
c.rried un.ni.ously, that the public hearing be closed.
Commissioner Holland aoved, .econded by Commi..ioner Pistor .nd
c.rried unaniaously, th.t Ordin.nce 85-59/Resolution CWS 85-9 re1.ting
to Sewer Rates and Connections for properties within Sewer Are. ·C" of
the County Water-Sewer District be adopted and entered into Ordin.ce
Book 21. ~
ORDINANCE 110. 85-59 .
RESOLUTION NO. OWS 85-9
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All ORDIIIANCE AND RESOLUTIOII RELATIIIG TO SEWER CONNEctJONS
FOR PROPERTIES WITHIN SEWER DISTRICT "C· OF THE COUNTY WATER-
SEWER DISTR1CT; REQUIRING SEWER CONNECTIONS, PROVIDING FOR
EXCEPTIONS; PERMITTING CONNECTIONS BY THE'DISTRICT; DEFINING
UNLAWFUL CONHECTIONS; PROMULGATING THE RATES TO BE CHARGEÐ
FOR USE 01 MUNICIPAL SEWER SERVICES WITHIN:THE COUNTY WATER-
SEWER DIS'I'RICT, SEWER DISTRIC'I' "C·.
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Iua MP 090,m151
EMERGENCY DECI.ARED AND NOTICE WAIVED. EMERGENCY ORDINANCE 85-60
AMENDING THE ROAD IMPACT FEE ORDINANCE - ADOPTED. COMMITTEE
ESTABLISHED TO MAKE ANY NECESSARY CHANGES TO THE ROAD IMPACT ORDINANCE
AND RETURN TO TUE BOARD WITHIN 30 DAYS
October 8, l!l25
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County Attorney Saunders stated that this is Dn em.rgency
ordinanc~ public hearing pursuant to Section l25.6S of the Florida
Statutes, adding thãt th~ fIrst thing that the Board hcs to determine
is that therw is an emergency and notice of the orainance haa to be
waived by a 4/5ths vote of the entire Commission. He stbted that the
purpose of the amendment is to clarify for ~hich building permits the
road Impact fee will apply, æddinq that the original ordinance provides
that anybody obtaining a building permit after June 20, 1984, who had
not yet obtained a cértificate of occupancy W?uld be subject to the
ordinance. He stated that the proposed amendment would change that
eff~ctiv& date to Octob~r l, 1985, the date that the Board actually
pàssed tne ordinance. he stated that the Board needs to déc1are that
there is an £merqency, tnat the ordinance is to be considered, and then
hold a public h~arinq on the proposed amendment.
Co~lssioner Pistor aoved, seconded by Comaissioner Goodnight and
carried unaniaously, that an emergency be declared and notice be
waived.
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County ~nager Lusk stated that there has þeen a problem with the
date in the ordinance out there are other problems with thás ordinance
also, adding that the question of ~hether there will be an' im~act fee
or n~t is settled, as there will be. one. He stated that the ofdinance
needs s~me changes thdt will make it easier to ,nforce and ea~ier for
developers to understand, adding that he would like to propose that a
committee be formed ~nd return:back to the Board within 30 days on any
additional chanqes that may be needed in the ordinance. He stat¥o that
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he would recommend that Do~ald Pickworth, Tony Pires, Don Barber, Burt
Saunders, and himself be on the committee.
Commi..ioner Pi.tor aoved, .econded by Commi..ioner Has.e .nd
carried unaniaously, th.t the .bove-referenced committe. be formed.
Commissioner hdSS~ questioned if someon~ makes an ap~licdtlon
prior to Uctober l, 1985, but has not yet received the building permit,
would they have t~ pay an impact fee?
County Attorney baunders stated that the way the proposed
amendment nðs been drafted it states that if a building permit has been
obtained prior to October 1, 1985, then one would not fall under the
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October 8, 1985
impdct fe9 ordinance. He Slated that the B~ard needs to consider if
tney want the a~te of Oct~~er 1, 1985, tied to the issuance of the
building permit or to the application of the building permit. He noted
that the original date ~f June 20, 1984, was th. date of the first
pUblic workshop at which time the ordinance was distributed and the
impact fee schedule was distributed and the builders and d~velopers
knew at that tine that the County was considering the ordinance and
they could havt! considered that 'in their financial planning.
Commissioner Voss stated lh~t he feels that October 1, 1985,
should be tied to th~ applicati~n of the builoing pormit and not the
issuance. He notad that there have been certain developments that have
been proposed as a PUD and nave been approved, but they have not yet
a~plied for a building permit, adding that they may have outstanding
contraCLS with purc~ases based on the cost at that tim~. He stated
that if;~here is an impact fee ·~ut on the~. the developer may be stuck
for the cost and have no way to p~ss it on to the purchaser. He stated
that if such a condition ~xists, a person should be able to come in
, .
with a val,id contract thðt WélS signed. prior to October 1, 1~85, and the
Board could mbke a determination wheth.r or n?t the impact foe should
be applied. "
~,
County M3nager Lusk ~tated that impact fees could be collected at
this Sime and if'~he Committee makes certain recommendations that would
change'things and the ~atd concurs, the impact fees could be refunded.
He stated that the Committee should make their report and then modifi-
cations could be made at that time and the only thing that should be
handled now is the October l, 1985, date.
commi~s~oner Holland stated that he does not believe in an impact
feë dv~n th?ugh it has been passed, adding that if there are changes
that need to be made in the ordinance, he would like to see tho
Commission set the\date of implementation at the time that the
modifications are brought back.
Commissioner Voss questioned if anyone was registered to speak, to
which Assistant County Manage.r Dorrill replied negatively.
Co~i..ioner Pi.tor aoved, .econded by Comai..ioner Ba..e, that
the public hearing be clo.ed.
Mr. Ed ~mith stated that th2r~ was no opportunity for him to say
anything.
Comaissioner Vas. stated that the vote wa. not c.lled and,
therefore, the public hearing 1. still open.
am 090 PA~t 152
Page 14
",-'--~-""'''-''''''''''"-
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;; 090PA'Æ153 October 8, 1985
r.r. Smith indicatad that he diô not have anything to say ~n the
ma~ter at this time.
County Attorney Saunoerß statèd that he would like tn~ record to
reflect that tne public hearing is open and if anyone wantß to speak,
they have an o~portunity to do so.
~ no one indic.ted that they w.nted to speak, Commissioner Voss
c.lled for the question which carried unanimously.
Co.-is.ioner Pistor .oved, seconded by Co.mi.sioner Has.e .nd
carried 4/l, (Co..is.ioner Holland oppo.ed) that Emergency Ordin.nce
85-60 amending the Ro.d I.pact Fee Ordinance be .dopted with the exact
wording of Section 8B(S) .. followsl the iå.u.nce of .n occupancy
certificate in regard to any structure on the property, but not includ-'
ing any occupancy certificate for . structure for which . completed
building permit .pplication w.. filed with the County Building
Department prior to October 1, 1985. (Entered into Ordinance Book 21.)
ORDINANCE HO. 85-60
AN EMERGENCY ORDINANCE AMENDING COLLIER COUNTY ORDINANCE
NO. 85-55, TaB ROAD IMPACT FEE ORDINANCE, AMENDING SECTION
EIGHT (B) (5) TO EXEMPT THE ISSUANCB OF A CERTIFICATE OF
OCCUPANCY FROM THE DESIGNATION OF "COMMENCEMENT OF !.AND
DEVELOPMENT ACTIVITY" WHERE THE CERTIFICATE OF OCCUPANCY
IS FOR A STRUCTURE FOR WHICH A BUILD¡NG PERMIT WAS ISSUED "
PRIOR TO OCTOBER 1, 1985, PROVIDING FOR DEC!.ARATION or .
EMERGENCY AND PROVIDING AN EFFECTIVE DATE.
Commission~r holland questioneo when this o~dinance becom~s
effective, to whicn County Attorney Saunders stated that a~cordin9 to
Section 125.66, an emergency oroina~ce becomeS 'effective on th, date
that it is placed into the United Stales ~~il, ~hich will be r~is date.
nem III
PETITION A-85-l, WILLIAM R. VIÑES, AGENT FOR BALCOM -CONT'D '1'0 10(15/85
Commissioner Pistor moved, seconded by Commissioner Goodnight and
carried unanimously, that Petition A-85-1, Willi.. R. Vines, Agent for
Balcom, be continued to October 15, 1985, .t the request of the
Petitioner.
Item 112
ADJUSTING MILLAGE RATES FOR MSTD ROAD DISTRICT '2 TO .0936 MILLS AND
FOR COLLIER COUNTY PRODUCTION PARK STREE'I' LIGHTING DISTRICT TO .3292
MILLS - APPROVED
Budget Director Zalka stated that after the Property Appraisal
Adjußtment Board meeting, th~ Property Appraiser updates all of the
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October 8, 1985
assessed and taxable values, adding that when this is done if there are
any districts whcre th~ changes hava been gre~ter than 3\, the adopted
mlllage rate may be adjusted in order to collect the s~me amount of
m~~ey as W3S intended in the adopted millage rates. She stated that
this applies in two cases; the ~STD Road District 12 and th9 Collier
County Production Park Street Liqhting District. She stoted that she
is proposing that the tWO millage rates be adjusted slightly from .0906
for th~ X~TD Road ~lstrlct 12 to .093~ and from .3027 for the Collier
County Production Park ~tr~et Lighting District to .3292, adding that
in all the other districts th~ change was less than 3\ and, therefore,
no change would be made.
Comai..ioner Pi.tor aoved, seconded by Commissioner Hasse and
carried.unaniaou8ly, that the .djusted millage rates for the M8TD Ro.d
District'I2 of .0936 ail)s and the Collier County Production Park
, .
Street Lighting District of .3292 mill. be approved.
Ite. 113
¡
REIMBURSEMEMT or $819.05 TO THE HELICOPTER PILOT FOR OUT-or-COUHTY
TRAVEL COSTS - APPROVED '
Assistant~,County ~n~ger Dorrill stat~d that during th~ week of
September 22, 1985, the C~unty helicopter pilot, Earl Sanborn, was
autho~ized to travel t~ Texas to determine the status and accept the
repå1r~ that had been mad; to the County's helicopter engine. He
atated'that the original estimate for this trip was within the Board's
adopted policy concer~ing out-of-county travel. He stated that before
Mr. Sanborn left, he had mentioned to him that if he was in a position
to bring the. engine back with him, to do so, which he did. He noted
that the final payment for his trip was $819.05 which Mr. sanborn paid.
He stated that this is considerably less than what it would cost to
ship the engine, åÖding that Mr. Sanborn rented a station wagon and
b~ought the engin~ back himself.
Comaissioner Has.e aoved, seconded by Comaiasioner Holland .nd
carried unaniaously, that the reillbur.e.ent of $819.05 to Earl Sanborn
for out-of-county travel coats ..aociated with the return of the
helicopter engine be approved.
Ite. 114
ROUTINE BILLS - APPROVED FOR PAYMENT
Pursuant to kesolu~~on 8l-l~0 ~he following checks were issued
through Friday, Oc~~ber 4, l!::'dS, in payment of routine bills:
&DD1. 090f'Ar.r154.
page l6
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10M
090 PAr,t155
CH~CK DESCRIPTION
A,'\OUNT
$747,325.79
24e,535.86
Octl)ber 8, 1985
Ci1ECK NOS.
Vendor
l34C145 - 1300f!
19902 - 20490
8CC Pøyroll
Ite. 115
BUDGET AMENDMENTS 85-460/463, 85-465/467; 85-474/475, AND 85-477/479 -
ADOPTED
Co..i.sioner pistor .oved, .econded by Comaissioner Goodnight .nd
carried unani.ously, that budget amend~ents 85-460/463; 85-465/467,
85-474/475; and 85-477/479 be adopted.
*.... Recess. 10.00 A.M. - Reconvened. lOtIO A.M. ..*.*
Tape '3
It.. 116
'.
RESOLUTION URGING EKACTMEN'I' or A MANDATORY SAFETY BELT USI LAW I. THE
STATE OF FLORIDA - HO ACTION TAKEN
CommissiQner Voss stated that th& Board nas been a~ked by the
Florida Coaliti"n for Auto Safety Now to pass a resolution urging the
State of Florida to pass a law making the use of seat belts manáa~ory.
he stated that he has mixed emotions abl)ut it, adding that it is a'gQ?d
. .
thing for peo?le to wear seat belts but he has, a problelll in tellin"
people what they should do abl)ut their own personal safety.
Cl)mmissioner Hasse stated that the public has to hðV~ good brakes
and lights for the safety of thems~lves as well as other p~ople. He
noted that he does not know how it' ~ill be enfórced but he see, nothing
wronq in encouraging people to wear safety belt, and this law '~ould do
that.
Commissioner Holland stated that he ~lso has mixed emotions ,about
. ~
making safety belts a law, adding that it is a fine thing to encöþrage
people to use th&m, but he feels it would be very difficult to enforce.
He noted that if this law is passed, the Sheriff will be approaching
the Commission for more mon~y for his budget in order to put on more
deputies to enforce additional laws.
Commission2r Pistor stat~d that the only time these laws are
enforc~o is when ther~ is an accident and people do not have their seat
belts on, adding that h& would encoura9~'people to use seat belts but
he is not in favor of a mandatory law of tnls type that has side
effects that would b~ harnlful to Innocent pt#ople.
Commissioner Goodniqht stated that there are enough laws on the
books tnat tell people what they have to do and she aoes n~t like
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Oct~ber 8, 1985
telllng anyone what they should d? 8b~ut their own safety, dven though
peoplo should be encouraged to wvðr seat belts.
Commissioner Voss stated that the opinion of th~ Commißsion seemS
to be that no one wants to support such a resolution.
!tea 117
PAINEWEBBER/A.G. EDWARDS SELECTED AS UNDERWRITERS POR THB WATER AND
SEWER REVENUE AND REPUNDING BONDS, SERIES 1985 - APPROVED
County r.,}nager Lusk stateO -that a tin<:ncial committee was
appointed a few months ago to come back with a recommendation regarding
underwriters for th~ utility bond issue that the County is pres6ntly
involved in. H~ not~d that early in the process the financial advisor
indicated that the ~ard might want to seldct two or more firms because
of the size of the bond issue, adding that instdad of recommending
three ~Aderwriters h~ nas four und~rwriters to recommend. He stated
that thé'committee's recommendation was for the following underwriters,
, .
noting that th~y dro not beinq recommended in Ðny particular order
other than\being listed i~ alphabetical oroer: Goldman Sachs; William
R. Hough; 1::. F. hutton; lnd PaineWebber/A. G. Edwards joint proposal.
\ .
He stated that the ~ard neeàs to eith,r ..lect the underwriters this
date or request tnat they come in and make presentÐtions within the
ne ( t few week s~'
Commission~ Hasse stated that the committee has come back with a
.,
clu,r indication of the better fi rms, adding that thd Commission should
go ahead with the matter and not prolong it any longer.
Commissioner Goodnight stated that more than one of the firms
should be selected, adding that she thinks that it would be fair to
hire all four and make one of them the manager.
Commisstoner Voss stated that he does not believe that there would
be enough fee to spllt four ways.
Commissioner ~olland questioned if the low firm could perform the
services that the County is requesting for the fees that they have
sabmitted, to ~hich Mr. Fischer of Southeastern Municipal Bonds, Inc.
replied affirmatively, addin~ that some of the fees are fix~d and some
are variabld. Ther6 was general discussion regarding the various f~es
indicated by the differen~ firms.
Comaissioner Holland aoved, seconded by Comai..ioner Ha..e .nd
carried 4/l, (Coaaissioner Goodnight opposed) that PaineWebber/A. G.
Edwards be .elected as underwriters for the water and sewer revenue
bonds, Series 1985, based on the quot.tion that was presented.
aOOK 090 pm 156
paqe l8
""''''''''''''M .~<^.,__,_.. .,......"'.....,~~~,~.._-
October S, 1985
Md~agement f~e $l.OO; Expens~s $0.82, totol T-D , MF
~~ 090!'J~ 151
(Take-down $lO.95:
$1l.~5 (/~l,OOO).
Itea 118
RESOLUTION 85-208 SUPPORTING THE PROPOSED EXPANSION OP ROOKERY BAY
NATIONAL ESTUARINE SANCTUARY - ADOPTED. BOARD REPRESENTATIVE TO ATTEND
MEETING OF ll/8/85 IN TALLAHASSEE RE SAID ISSUE
Dr. Kris Thoemke stated that the State of Florida, Department of
Natural Resources is in favor of having a final project boundary set by
the CARL committee which is going to be decided at the November 8,
l~85, meeting of the CARL committee in Tallahassee. He stated that the
Department has proposed a final project boundary to include the lands "
that would be approved in the resolution. He stated that the CAkL
committee will then forward it to the Governor and Caôinet for final
concurrence and tnen the State can proceed with the purch!se of that
land unóer a willing sðle. He stated that the current Rook~ry. Bay
project is ranked .2 and he anticipates tnat the additional lands would
also be in that 12 rankinq.
Commissioner Holla~d questioned if fair market value would be paid
for the private property within tne boundaries, to which Dr. Tt.oemke
stateó that all the property will be appraised·independently and ~heh
.þ
offers are made to the owners based on a fair market value and then it
is up to tne neqotiators from Tallahassee ana the owners to come to
.~
some sort of an agreement on the actual price. \
CODDis.ione, Pistor moved, s.conðed by Commis.ione, Hasse .nd
carried un.niaously, that Resolution 85-208 supporting the pro'Posed
. .
expan.ion of Rookery Bay Hational Estuarine Sanctuary be .dopted and
that the Board of County CODDi~.ioner. be ,epre.ented at the Nov..ber
. .
8, 1985, ..eting in T.llah..... in order to show their full .up~rt
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regarding the .atter.
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OctobtH 8, 1985
It.. 119
EPPORTS OP COMMITTEE RE PROVIDING A CULTURAL CENTER - SUPPORTED.
PELICAN BAY SITE TO BE USED IP POUND TO BE SUITABLE AND MEETS ALL LEGAL
REQUIREMENTS - APPROVED
Commissioner Voss stdt~d that a few months ago, he ask~d a group
of people to talk ðb~ut a cultural cont~r for Collißr County which has
been discussed for years, adoing that he thought it was timp. to take
s~~~ dctlon. ~e note~ thdt th~re were tnre~ sitns lookp.d at for a
cultural center, one was on Rdttlesnake HammOCK Road that was donated
by ~ly, the sp.cono site was an arua in P~lican Bay and the third site
is in the ared of Junglp. Lärry's and is part of the Fleischmann
~stõtes. ~ stattd that there is no reason to bulieve that the third
sit~ would be available in thp. n~ar future, therefore, it was felt that
the sit~, at Palican 6ay N?uld be better. He noted that the site at
Pelican'B.ty is thc land that tw~tinqhouse.1s ct)lDmitted to give to the
County und~r th~ir PUD, adding that they have t~ qiv~ fiv~ acres of
land every'. time th~y sell: 1,000 dwelling un1ts, up to a total of 20
acres. hI:!'>. noted that Woa~tinqhouse has qiven aheaå of schedule fiv~
acres whicn is ~her~ th~ library is, add1ng that there is still lS
acres to bc glX,en. n.'! no:.cd th.:Jt westinghl)u:3c would be willinq to
release the land ah~ad oL schedule for a cultural center, addinq that
¡"esti~ghouse 1ná1.cated thð-t there may be II ftlw othar sitos that would
b~ much better for a cultúral cent~r than the one that was originally
look~d"at. He stateå that an alternate site was looked at which is a
be~utiful site, adding that tha committee felt that it was very
d~sirablt: and probably better than the site at L~ly. He stated that at
this time ~ ~orporation has becn formed which is called the Naples
Cul tural Fouñdatio:\, Inc. which has been officially enacted. He stated
that a letter has been applied for from the I~~ saying that the
foundation 1s a not-for-pr~fit organization and the contributions to
the organization would be tax deductible. He stated that there is a
fìrm commitment of $2 milli~n from on~ family for seed money to get the
cultural center stdrted. He ~tated that he is asking the Commission to
incicate the County's willingness to either lease the Pelican Bay site,
if that is tne final site, to the Naples Cultural Foundation, Inc. or
give it to them. ~~ stdt~d that he is talkinq about a facility that
would includ~ an orchestrd nall, ~ Rmaller facility for more intimate
things, an art mus~um, and måybe a historical society museum.
Tape 14
IDeK 090~160
Paqt" 20
"·___·,~._..'.H',__~·.~,.-. ._.. ...."_~~,,___"-_
090PAr,t161 October a, 1985
'OK Commlssioncr V~ss stat~d that a final selection or recommendation
nas not y~t b~~n made. ~ stated thdt if thi5 land was l~ased it w~uld
be something like $10.00 a year for 99 years or it could be given t~
the Foundation. He stat~d that the legality of giving this land away
would have to be checked into, but it could be leased to them. He
stated that he is simply asking at this time for the Commission to
indicate their ~illingness to lease the land to the Poundation if the
Pelican Bay site is decided upon.
Commiss10ner Hasse stated that it is ~n excellent idea to have a
cultural center, but he feels that more infórmation is needed regarding
the Pelican Hay site before any vote can be taken. He stated that all'
civic groups should be invited to give their opinions on this matter.
Commission~r V~ss stated that if the Fleischmann property is
obtained, it would be annexed into the City of Naples and the City
would approve a PU~ for tnat property which takes a long tiMß ~o
complete. he stateo that there is a Sense of urgency and if something
is not done büfore the first of the year, he feels that there will be
problems in raisinq the money from private donations due to tax laws.
Commissioner Goodniqht atateu that she agrees completcly and ~f
"
the County has land avai lable for this purpose, then the cultural ',þ
foundation should be told thùt the County is willing to 1ease said
land.
~
Commissioner Pistor qu~stionod if the d1fferent commu~ity groups
have been informed with reference ~o such a cultural center, to which
\
Commissioner Voss stated that all the art group~ hav~ been in~ormed and
. \
there are members on the cultural center committee from these groups.
Commissioner V~ss stated ~hat he needs to know if the Commission
. ,
is willinq to lease this land, adding that he r~alizes that ther~ are
, .'
legal problems that will havp. to be W?rk~d out.
Commissioner hasse stated that he would like to get a little more
involved in this matter ano would like to have other people in the
community give their input, addinq that he thinks that the metter
should be postponed for two weeks.
M1ke Zewal~, r~prescntinq the North Naples Civic Association,
st~teó tha~ he fe~ls that this matter sh~uld be checked into further
be10re any dction is taken. He stat~d that ne would be happy to have
the cultural center in Pelican bay, but he feels that the Fleischmann
site would be much better and mor~ centrally located for everyone.
Commissioner H~lland stõted that he is in favor of working with
Page 21
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October 8, 1985
the group thac is raising the money if there is land available that can
legally be used for that sVecific purpose.
Co..i..ioner Ha..e .oved that the committee look into .11
available .Ite. for the cultural center without any predeter.ined
s.nctlon. of the County. Motion died for . lack of .econd.
Co..i..lon.r Holland aoved~ ..corded by Co..i..ioner Goodnight .nd
carried unani.ously, that the .ffort. of the committee for the cultur.l
center be sUPpotted and that the Pelican Bay .ite be con. ide red In the
.election pròc... If it I. found to b. .uitable .nd meet. all leg.l
requlr..ent..
Item 120
RESOLU'I'lOH 85-209 APPOINTING MEMBERS TO THE COLLIER COUNTY PLAHHIØG
COMMISSION AND ESTABLISHING TERMS POR SUCH MEMBERS - ADOPTED
Co..i..ioner Pi.tor aoved, .econded by Co..is.toner 8a..e and
carried un~nl.ou.ly, tha~ Re.olutlon 85-209 .ppointing .e.ber. to the
Collier County Pl.nning Co..i..ion and ..t.bli.hing ter.. for .uch
meabers be adopted.
"
./t.
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'DM
{]90~~162
Page 22
October 8, 1985
Ite. c¡.¡ 090 N?165
OFFER ACCEPTED rROM THE MAPLES CHAMBER OP COMMERCE TO UNDERTAKE A STUDY
RE THE OCCUPATIONAL TAX STRUCTURE
C~mmissioncr V~ss r~ad a l~tter from Ross obley, President of the
~aples Chamber of Commerce, which indicated that they ~ould like to
form a Chamber task force to undertake a stuoy to try and make the
current occupationdl tax SLructure current, coherent and fair.
Commission~c Voss stated that he thinks this is an excellent idea
anå the offer should be accepted.
Co~missioner Pistor moved, seconded by,Co.missioner Holland and
carried unani.ously, that the offer be accepted from the Napl.. Cha.ber
of Comaerce to undert.te . .tudy re tbe Occupation.1 Tax Structure.
Commissioner Holland stated that this is something that the County
is far behind in, adding that he teels that there is a limit as to what
tha occupational license can be increased yearly, adding that he buys a
license from the County for $l8 and the City cost is $37, w~ich is over
twice as much. he stated that he totally supports the Chamber looking
into it to brinq some type of equalization. he stateõ that whatever
chørges are made, however, a ~ortion of it goes to the incorporatef
cities within the C~unty, adding that it does ~ot all remain in thf "
County.'"
It.. '22
'~
TEMPORARY USE OP THE WATER SYSTEM FUNDS rOR SEWER AREA "A",- SPRAY
IRRIGA'I'ION PROJECT WITH AN 8-1/2' ~NTEREST RATE AND A BUDGET AMENDMENT
FOR THE TRANSFER OP PUNDS - APPROVED
Fiscal Officer Glles stated that he w3nted:the Board to ünderstand
that an interest free loan 15 ~einq proposed between t~o districts and
two sets of customers, addinq that he is ~ot sure that this is t~.e
proper lhing to do. ~ stated there might b~ some covenants tha~,
restrict that, in that there are interest earnings lost by the County
~ater-Sewer üistrict In favor of Sewer Area "A". hu stated that an
interest rat~ structure n~~ds to be looked at and another thing that
should be considered 15 th~t th~re is going to be no disclo$urc in the
financial statements of lhis large loan made ð~ter the close of the
year, addinq that ~hlS might affect the :~funaing.
Utiliti~s ^~ministrðtion Dir~ctor Mohler stated that he spoke with
bond counsel ~n thls motter, aoding that th~re is no affect on the
refundinq at all. He stated that the County has the legal right to use
the money according to the cov¡¡,ni·nts in the water fund, adding that he
paqe 23
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October 8, 1985
did not propos. no interest rate, it ~as simply not stated.
fiscal Ofticer Giles 4uestioned if an interest is being proposed?
he s~ated that the only comment on the financial statem~nt is that bond
nold~rs and underwriters are going to be reading a remark in the note
discl~sures to the financial statements, adding that he just wants to
kno~ th6t it was considered.
Mr. Mohler stdtttO that the mon2Y is not going to be drawn dO'¡ffi in
one lum~, it is only qoinq to b.' brought down as the money is needed
and th~ project is not sl~ted for completion until Auqußt, 1~86. He
sta~~d that the interest rate that is being discussed And he is willing
to mòke official is 5\.
Fiscal Offic~r Giles qu~stioned if there is a draw schedule, to
which Mr. ~hler r~plied negatively, adding that it is only bS the
Co~nty.!s billed by the contractors or the engin&ers based on their
rcquu tt
Fiscal Officer Giles stated that right no~ the County is losing
interest at S-l/2\, addin~ that he is worried that this has not been
th~~ht ou,t wo!ll enough.
Mr. Mohler stated th¡t he docs not believe that there is any
probleln with t~~ 5\ interest thdt is being paid on the money, adding
that he does not feel tha~ one fund should be paying another fund at a
high r~tt of intêrest.
" Físcd Officer Giles'stated that the on4 fund is losing 8-1/2\
interest.
Utilities Administrator Crandall stated thdt the purpose of this
is that bond money was dnticipated for this project, adding that this
is simply ~e~porary in nature as within the next few months there will
probably be bond money to taKe care of the project. he stated that he
does nQt want to hold up bidding the project because the funds are not
there.
Fiscal Officer Giles
and what happens if bonds
and repayment is stalled?
County Attorney Sdunders sta~ed that there
with the loan the ~ay it is structured, adding
raising some of the m~nagement type questions.
potential complica~ion from a leqal standpoint
tna~ says that a I03n of tnis nature should be
questioned if this is a lien on th. system
are not issued, or if there is some problem
is no legal problem
that Mr. Giles is
He stated that the
is that th.re is an
paid off by the end
the fiscal year, adding that ne does not necessarily agree with that
;; 090 ~~~ 166
Page 24
only
AGO
of
aDK 090PAr;t167 October f: , 1985
opini~n but it is one that has to b~ considervd and Stafí is willing to
agre~ tnat this lQan wil¡ ba paid off by thft end of th~ fiscal year s~
there is no legal problems that will create any difficulty to the bond
issue or the r~funding.
Fiscal Officer Giles questioned if there is any problem with
charging interest less than what is being earned, to which County
Attorney Saunders replied negatively, adding thDt there is no problem
from a legal standpoint with bond covenants or with the refunds.
T.p. 15
Mr. Crandall slated that he has n~ problem with the 8-1/2'
interest and it makes no difference to him.
Commissioner Goodnight .oved, seconded by Commissioner Pistor .nd
carried unani.ously, that the temporary use of the water syste. funds
for Sewer Are. "A" spr.y irrig.tion project with an 8-1/2\ interest
r.te .nd . budget a.end.ent for the tr.nsfer of funds b. approved.
Ite. '23
RESOLUTION 85-210 EXECUTING AN AGREEMENT FOR CONSUL'I'ING SERVICES
BETWEEN COLLIER COUNTY AND AB2MT CONSULTANTS, INC. TO ADDRESS THE
IMMEDIATE NEEDS or THE ECONOMIC DEVELOPMENT DEPARTMENT - ADOPTED
tiscal Offic~r Giles stated that there is ~ p~licy on selection'bf
. ,.
cQnsultants that WgS not aòdress~d in tne Executive ~ummøry and it
would bt..loove tho! board to lOOK for cost conslderations i~* the Execu-
tive Summary. ,
Comll,lssioner Voss stated that', the County cannot afford to lose
\
grants and if a long selection process is gone ~hrough, the gr~nts may
be lost.
Fiscal ufficer Giles ques~ìoned who ~hese people are?
Deputy Assistant County Manager Brang'accio stated that she Kas to
dis~~rce with Mr. Gil~s, adaing that if his problem is with the
purchasing procedur~ lt needs to be ~rk.a out with the Purchasing
Department. Ghe stated that the Division contacted the Purchasing
Depdrtm~nt who sdid that this contract definit~ly qualifies .as a sole
source sup~lier and does not require comp.titiv~ bidding. She stðted
that there are not a large number of consultants for such a project,
addinq that DCA and HUD W3S c~ntacteõ to'try and identify And locate
qualified consultants and this was the one that was aiscuss~d. She
stdted that this firm is locatcd on the East Coast but they Are very
experienced in grants and grant activities, adding that the County has
not had any prior experi~nce with them.
Page 25
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October a, 1985
Commisl!lioner tI'Jlland stated that there is n? dollar am?unt total,
addinq that they are to be used on a temporary b3õis. HI! stated that
he can se. the need for their services and based on an hourly fee, the
County is g~tting their m?ney's worth. he not~d that they are hired
only for the time that they are ne~d.d to get the grant program back in
line the ~ay it sh'Juld be.
Co_issioner Holland .oved,' seconded by COlludssioner Pistor .nd
carried unaniaously, that Resolution 85-210 authorizing an .gr...ent
for consulting .ervices between Collier County .nd AB2MT Consult.nt.,
Inc. to .ddrè.. the iaaediate needs of the Economic Dev.lopment
Deputllent be .dopted. (See Pages /76. -/79 )
r ,
~iscal Officer Giles stated that he appreciated the discussion,
aadlng,~hat he feels that when there are sole s'Jurce decisions to make
on professional services f~r large contracts, tha Board would want to
. ....
understand the considerations rather than~the Purchasing Director
simply say1nq that it is all right to do or maybe the Board woula
\ .
prefer an ~XPlanation as to why it is. sole s'Jurc~ when it is shown as
such in the Executive Sum$ðry.
Commissiòner Hasse stated that he would lik. to commend Fiscal
Officer Giles gn his concerns.
Assistant County Manaqer D?rEill stated that ~taff gets accused
aH..the time of e~erythin<J around the County short of inflation and
fr~m time to time Staff is guilty of not being very cooperative, adding
that he appreciates what the Fiscal Officer is trying to do even th?ugh
at times he does not un~erstand the reasoninq behind it, but he would
certainly encourage that most of these thinqs be h3ndled at Staff
lev.l. tie srated that he would put both the cred~ntials and the intent
of th~ Manager's stdff above any other staff in the County and if
Fiscal Officer Giles wishes to handle things at Staff level, he would
appr~ciate it and not waste the Board's tiQe. He stated thðt Staff is
prepared to sing and ddnce on TV Qn Tuesday mQrnings if that is what is
wanted.
Fiscal Officer Giles stat.d that the Clerk's office does not sign
th~ checks along with the Manager's staff.
Assistant Cou~ty Manager DOfrill stated that he does not intend
for the Clerk's office to try and manage the County.
Commissioner Holland stated that a policy was s.t by previous
board's that this matter deviates fr?m, adding that this policy was
suppos~ to be set by thè Co~miss1Qners Dno not Staff.
aDO( 090 p,t',f 168
Pag'! 26
.",.",.",.,",".",-..~"".;.--~"..
me 090'Ar.~169 October I!, 1985
Assistant County ~nðger Dorrill stateO th~t ~tðff is not settlng
POllCY here, adding thdt he mad~ it his busin~ss to review tn~ policy
reqardinq th~ Consent Agenda and his only question was that if the
Fiscal Offic~r had qu~stions r~lated to the executive s~maries on the
consent agenda, he could either come to Staff during tne we~k when the
agenda is set or they could sing and dance on TV on Tuesd~y mornings.
Commission.r Holland stated that the consent agenda could be done
away with altogether dnd discuss every item.
Ite. 124
CBAIRMAH AUTHORIZED TO SIGN FOR A ,. PAY INCREASE FOR THE COUNTY
MANAGER AHD THI COUNTY ATTORNEY. CBAIRMAH AUTHORIZED TO SIGN PAR'S FOR
NON-CONTRACT EMPLOYEES REPORTING DIRECTLY TO THE BOARD APTER EVALUA-
TIONS HAVE BEEN MADE BY EACH COMMISSIONER.
Fiscdl Officer Gllcs stated that he had requested by his memo of
September 30, 1985, that the pay changes for the C~unty Manfger and the
County Attorney be approved by the Board of County Commissioners as a
body because of the contract implications thùt the board has with them.
Commissioner V?SS stated that there Is a personnel policy that
says in addition to the blanket raise that has been approved, which is
4\, there is another 3\ that can be used for merit increases and the"
person to whom the ~ers~n in question reports to, makes· out a Þ
pert~rmancQ ~vùluation and dé~endinq upon the e~aluation, the person
'C'
will get anywhere fro~ l-3\ additional increase above the ~\. He
stated that in tne case ?f the County Manaqer ~nd the County Attorney,
forms were given to each of tne five Commissioners and they wete asked
~ .
to fill out their evaluation. He noted that thtee of the f?rms were
returned and were averageo by the Personnel Department and based on
th~t average, th~ appr~priate merit incriase was authorized.
Fiscal Officer Giles stated that when there is a contract, 1~
supersedes thë P~rsonnel Policy when there is a conflict between the
two.
County Mana~er Lusk stated that the aoðro does have non-contract
employees, addlng that the board could elect to authorize the Chairman
to b~ allow~d to sign PAH's o~ non-contract employees. Ho stated that
by doinq it that way, the Commis~ioners can evaluate the secretary's
themselv~s ano th~ Chairmòn wo~ld then have th~ authority to sign for a
pay Increase witnout bringing the matter before th~ Commission at a
regular meet.ing.
Co.-is.loner Holland .oved, .econded by Co~l..loner Pl.tor .nd
c.rried unanlaously, that the Ch.lrman be authorized to .i9" for. ,.
Page 27
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October 8, 1985
pay increase for the County Manaqer .nd the County Attorney.
Comaissioner Holland .oved, seconded by Commissioner Ha.se .nd
carried unani.ously, that the Chairman be authorized to .ign PAR's for
non-contract employee. reportinq directly to the Board after the
evaluation has Þeen made individually by the five Commissioner..
*****
Commissioner Pistor .oved, seconded by Commi.sioner
Goodnight and carried unani.ously, that the followinq items
under the Consent Agenda be adopted and/or approved:
.....
Item 125
GRANT APPROVAL FOR DCA WEATHERIZATION VI, CONTRACT 85WX74, AMENDMENT II
See Pages /R'O - If' I
Item 126
DEED NOS. 430 AND 431 FOR BURIAL LOTS AT LAKE TRAFFORD MEMORIAL GARDENS
See PdqU / ~ J. - /93
It ell 127
SETTLBMEHT STtpULATIOII FOR CASB tBl-1770-CA, COLLIER COUNTY VS FRANK It
MARY CRAPARO ~,
Item 128
"
PURèHABB OF AUTOCAD SYSTEM (COMPUTER AIDED DESIGN AND DRAFTING
SOFTWARE) FROM FLORIDA DESIGN AUTOMATION IN THE AMOUNT OF $2500 FOR
SECONDARY ROADS SEOTIOH
Item 129
RESTRUCTURING OF PERSOIDIBL IN THB PUBLIC WORltS DIVISION TO FORM A REAL
ESTATE SECTICM
Ite. 130
..
PUBLIC SERVICES ADMINISTRATOR TO ATTEND 1985 HUMAN RESOURCES CONFERENCB
IN ATLANTA, GA. ON NOVEMBER 10-13, 1985, AT A COST NOT TO EXCEED $896
Item 131
YOUTH GUIDANCE EMPLOYEE, DAVID KIMBALL, TO ATTBND KURT HAHN LEADERSHIP
CENTER OUTWARDBOUHD SCHOOL
aOOK 090 PA<:t 170
psq e 28
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Iteaafj2 090 rllrl 171
OC1:ober tI, 1985
COMMUNITY SERVICES TRUST FUND AWARD AGREEMENT FOR OPERATION OF RED LANDS
CHRISTIAN MIGRANT ASSOCIATION CARE CENTER
SU paqu /R'I- /9f'
Itea 133
UTILITY EASEMENT FOR THE WELLFIELD MONITORING PROGRAM ACCEPTED AND
LICENSE AGREEMENT ENTERED INTO FOR THE WETLANDS MONITORING PROGRAM
See Pages /99-;l t> f
Itea 134
WATER AND SEWER FACILI'I'IES FOR FOXFIRE SUBDIVISION, UNIT 3, TRACT 7,
FOX DEN CIRCLE AND FOXTAIL COURT - SUBJECT TO STIPULATIONS
1. All sanitàry sewer mành~le covers shall be extcnded t~
final pavement el~va1:ion prior to compl~tion of the roadway
work. for the project and the completed W?rk inspeC'te~ by the
U1:ilities Division tor compliance with the approved
conßtruction documents.
Recorded in O.R. Book 001159, Pages 604-614.
Itea t35
ADDITIONAL 'I'RAVEL EXPENSES AND CONSUL'I'ING PEES POR U'l'I~I'I'IES DIVIS10N
RELATED TO TRIP TO TALLAHASSEE TO UPDATE THE COASTAL 20i FACILITIES
PLAN IN THE AMOUNT OF $1,657.50 '
~
Ite. '36
"
CERTIFICATES FOR CORRECT I 011 TO THE TAX ROLLS PRESENTED BY '1'81 '.pROPERTY
APPRAISER'S OFFICE
1984 TAX ROLL
229 - 2J4
9/18/85 .~
'. '
Itea 137
MISCELLANEOUS CORRESPONDENCE - FILED AND/OR REFERRED
Tnere belnq no objection, the Chair directed that the following
correspondence be (ilea ~nd/or referred to tho various departments as
indicated b~low:
l. Copy of latter dat~ò 9/20/85, from Sidney harlin, Chairman,
florida House of Representatives, .nclosinq queßtionnaire to
gauge the üffectiveness of the FSC-CD8G proqram. xc: Mrs.
Mullins with Guestionndire. Filed.
Page 29
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2.
Oct?ber ß, 1985
Letter dated ~/20/85, from Douglas L. fry, ~nvir?n. ~upr'v.,
DER, enclosing short form dpplication Fil~ Nos. 111099095 and
lll086485 dredge a"d fill permit. xc: Mrs. Mullins and Dr.
Proffitt. Filed.
Co?y of Aqcnoa dateó lOll/aS from FloridR Land and Water
Adjudicatory Commission re Lely Dev~lopment of Regional
Impact (DRI), Collier County. xcs !<en Cuyler, Mrs.
Branqùcci-:> ðnd Mrs. /'Iullins. Fil~d.
tP-ttcr cHted 9/:'U/35 f'rom Wayne E. Daltry, SI'tFHPC, re "Pin']
Air Lakesw DRl application for DevdJopment Approval, DR!
;9-8384049, énclosing Assessment for the Pine Air Lakes
OE:vl:lopment ~f kcgi"nal Impact. xc: Mrs. ar3ngo!lcci".
1"i hd.
3.
4.
:'I.
pëtition of the ~WfRP~ recuivcd 9/27/aS, re A~~nament to ORI
Development Order by Resolution 85-l6S issued by Collier
County for ~r~shire LaK~s, plus copy of Notice of Appeal Dnd
Motion to Abate re sa~e it~m. xc: /'Irs. aranqaccio and
Vickie ~ulllns. ~iled.
.
6.
C"py of memorðnoum dated 9/19/t!5 from fiscùl Officer Giles re
Justice Cant.r Project 3pcndinq through d/3l/85. Filed.
,(;"py ot lett&r 'dðt~d 9/20/85, from k?bert B. Bradley, Extl!c.
Dir., ~lorida Advisory Council on Intergovernm-.ntal
Helations, óttach1nq copy ot; Salaries of County Officials for
f'Y ö'S/86. xc: "'r. tilles and Ms. Zalka. Fiha.
.:<.
7.
8.
~JPY of letter ~ótea ~/l9/&S from ~ir£ Chief Raevds, G"ld~n
Gate F.f.rp. C"ntrol , Rescur, Dht., to StÐte Dtipt. of Rtilvenue,
Div. of Ad Valorem Tax, enclosing copies of required
docum4nts pursuant to the FL Statutes pertaining to Budgct
Ad-:>ption by the Golden Gate F1re Control and Rescue District.
xc: Ms. Zalka. Filed.
9.
C?py of mem?randwn ddted 9/20/d5, from H. Robert Sharpe,
Admin., Comprehensive He~lth Planning, Dept. of Health and
Reþabl1itative Serv1ces, 1nformlng of the creatio~ of a new
uni't, Pr im" 'y Heólth Care Planninq in the Off1ce of
C-:>mpreh~nsive Health Planning. xc: Dr. PolK~~~ki and Mr.
Lusk. tiled.
'.
lO. Latter dated 9/l4/85, from Ruth E. Trulson, prus., Lely Civic
ASsn., opposing rez?ning of any recreational land re Lely
Square. xc: Mrs. Mullins and Mr. Pt!ttrow. F11i!d.
11. Copies of Minutes J Fil~ds
A. 9/4/85, City "f Naples Regular Meeting and Special
~et1ng, 9/4/85.
a. Llb,øry Advisory B'?ðrd, 8/29/&5.
l2. C"py of letter dat~d 9/ll/85, from Lynn S. Bramlett, audget
Analyst, State Dp.pt. of Rtilvenuv, to Tax Collect"r Carlton
approving budg~t request for FY 85/86, plus copy of attached
budg~t. xc: I'!~. Zalkð. Fi l",d.
a~ OHOpjrJ.172
l'age 30
aooJ:
ognPA-,tl73 October 8, 1985
13. Letter dated ~/l~/35, from Ueputy Chief Lou Gibbs, Jail
Administrator, to Paul D. Sheffield, Correctl~nal Internal
Inspector 1 I, re 9/11/&5 Inspection keport. filed.
14. Co¡..y of mt:morancJurr. dated 9/23/8!', from D.H. ¡)ewar, Dir., Div.
of ::>tate t'ire /"oórshal, attaching copi&s of tl<deral DOT
bulletins ~-b&&6 ana ~-&B86 (~xtenßlon). xc: ~r. Davenport.
t'i led.
1~. LP-ttP.< recelv~d ~/2j/a5 from Tax Colldctor Carlton attaching
copy of Tax Collector's Recapitulation of th~ 1984 Tax koll.
xc: Ms. Zalka. file:d.
.**.* Recessl ll:30 A.M. - Reconvenedl 11140 A.M. **.**
Ite. '38
STAFF DIRECTED TO NEGOTIATE A CONTRACT FOR 'I'HE PRELIMINARY DESIGN FOR
THE NAPLES PRODUCTION PARK MSTU WITH THE 11 RANKED FIRM; WILSON,
MILLER, BARTON, BOLL' PEEK, INC. '
Assistant County ~~nager Dorrill stated that the BCC is still in
regular session and ~lll be asked to vote as a result of th~ interview
process. He stated that the dgenda nad an error on it when it was
indicated that this it~m would be handled as a ~rkshop. He noted that
this is _hy the mectin~ was previously recessed and not adjourned.,
Public ~~rks Administrator Kuck stated that the consultant '
. .
selection commi ttee reviewed the statem~nts of, interest, and profes~
sional 4ualificatlons submitted by nine firms r~spondini to the request
for proposals. He not~c that tne committee cam~ up with ~e following
short list of finn!> which are list,ed alphabetically, to be"interviewed
by the Board:
l. Agnoli, MsaaCJ, èðrber , brunaage/CDM ..
2. Gee' Jenson
3. Hole, Mont~S , Associates
4. .....11 son, Miller, ~arton. Soll , i'eek, Inc.
He noted that each COMmissioner has an evaluation sheet in o~der
to evaluate each firm and that at the conclusion of the interviews a
firm ShOUld be select~d by written ballot.
Eacn of the abQv~ ref~r¿ncea firms gave a presentation indicðting
th~ir qualifications, what expp.ricnce they hav~ had ~n similar
projects, wh~t local cxperi~nce they ha'le had, what kind of
profcssiondl staff they hav~ ana how many will W?rk on the project, the
location of their office, th~ir capability of completing the project on
tim~, and wilen tn"y could start the project.
After each firM gave their presentation, Assistant C~unty Manager
Dorrill stated that each Comm1ssion~r needed to rank each firm as '1,
Pag~ 31
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Octobvr 8, 1965
'2, .3, and 64 ana sign tne eVdluatl~n form. Hv indicated th~t h~ will
tak~ the firm that hos the m~st number jl vot~s and will read them into
the record.
As.istant ~unty "'''nager .Dt>rrill statea that the .'vaIuation forms
will be available in the Clerk's office for anyone that wishes to
inspact th~m. H~ støted th~t Commission~r Goodnight rõnked wilson,
MIler, Barton, Soll " Pe~k, Inc. as the U firm; Agnoli, Assaad,
da rber , I:H undbgv¡CCM dS th., '2 ·f irrn; Hole, ~ntes " Associates as the
'3 firm; ~nd Gee & Jenson as ~he '4 firm. He indicateé that Commis-
sioner ~istor ronkec ~ilson, Miller, Barton, SoIl' Peek, Inc. as the
,l firm; Agnoli, Assadd, ~rber " Brundage/C~1 as tne ,2 firm: Hole,
Montes" Ass?ciates as the 13 firm; and ~ee " J~nson aR the 14 firm.
h~ said thdt Chairman Voss rankad ~ilson, Miller, Barton, Soll & Peek,
Inc. a~.th':! 11 firm; Agnoll, Assdad, Barber" Brundage/CDM as the 12
firm; HoiQ, Montes" Associates as the '3 firm; and Gou " Jenson as the
14 firm. l1e indicated that Com::Jissionerþi\sst: rank,=d ¡dIson, Miller,
Bart~n, 5011 , P~ek, Inc. as the tl firm; hole, Montes' Associates as
tne .2 firm; and Gee' Jinson and Aqnoll, Assaao, Barbp.r & Brundage/CDM
\ .
as tied for the ï3 firm. 'He reported ~hat Commissioner Holldnd ranked
wilson, Mill~r, Barton, SoU 'Peek, Inc. as the Il firm; Hole, Montes
& Associat~s ag, the 12 firm; Aqnoli, Msaad, BlIrbar , Hrundage/CD'I as
the '3 firm; dn~ G!e " J¡nson as the '4 firm. He stat~a that the 'l
r3nkeð,firm as indicated by the evaluation forms is Wi:son, Miller,
"
8arto~, Soll & P~ek, Inc. and based on this information, StQff would
moke a recommendatlon that th~y be authorized to enter into negotia-
tions with the .1 rank~d firm.
Co.-I..loner Pistor aoved, .econded by Co..is.toner Hasse .nd
carried unanl.ous!y, th.t staff be directed to negoti.te . contract for
the preliminary design for the Naples Production Park H8TU with the 11
ranked firm; Wflson, Miller, Barton, 5011 , Peek, Inc.
Mr. St&nlêY Hole of l1ole, Montes & Associates st~ted that he would
11ke to thank the Commissioners for the time that has bden given to all
the firms, adding that the C~mmission selected a fine firm that will do
a gooo job. He seated that his firm would be back next time.
aDOJ:
090nr.r174
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Oct.ober S, 1985
HDI 090 n'-! 175
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Ther~ being no furth~r business for th~ Go~d of tnd County, the
meeting was étajl)urned by Ord~r of the Chair - 'rime: l2:45 P.M.
BOARD Of COUNTY C~MISSIONERS/
BOARD 0' ZONI~G APPEALS/EX
OFFIC10 GOVERWING BOARD(S) OF
SPECLAL UISTRICTS U~DEH ITS
CONTROL
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".Dt!l/.1fI VOSS,
CKAlRMAN
CLERK
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4/£ .
by the BCC on ,ij"ev. ,j-; /?/ J--
or 85 corrected
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Page 33
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