Loading...
BCC Minutes 08/13/1985 R lID IIiiiI iiiIi ·,;t,· Naple., 'lorida, Augu.t 13, 1985',.~. .' ~ . ;~~". f..:(/~ LIT IT 81 RIMEM8IRID, that the Boar~ of County COlllli..lone,... in ,~;.~...> .;:, ", " . .n~ for the County of Collier, and aho actintj at the 8oar~ of ZOnin, "~1;t"~ '" App.al. an~ a. the governintj boar~(.) of .uch .pecial ~i.trlct. .. ha..';~:1r.¡ b.en created accordintj to law and havintj conducted busin... henin, lIet::· ..I:~ '-'T.." on this date at 9100 A.M. in a.,ahr S..81on in Building -,- of the .;" Courthou.e Complex, East Napl.., Florida, with the following m.llber. pr...ntl CHAIRMANI Frederick J. vo.. VICE-CHAIRMAN I John A. pi.tor Max A. Ha..e C. C. -Red- Holland Anne Goodnight ALSO PRESENT I Jame. C. Gile., Fi.cal Officer, Maureen Kenyon, Deputy Clerk, Donald B. Lusk, County Manðqer; Neil Dorrill, As.i.tant County Manaqer, Burt Saunder., County Attorney, Tom Kuck, Public Work. Ad.ini.trator, Thoma. Crandall, Utilitie. Director, Vickie Mullins, Community Development Adminletrator, David pettrow, Planning and zonintj Director, Ann McKim, Planner, Nancy I.raelson, Admini.trative AAsistant to the Board, and Ray Barnett, Deputy Chief, Sheriff'a Depart.ent. ao~ 08'8 PACt 3"57 Patje 1 "------"..,"",...-~,_.~."....,,'"";~.....'^.-...,' --" .. 08B"lçt361 !'a,. '1 Ie.. 11 MDDA - AP'ROVID AI MI.DID AUtju.t 13, 1985 ~l..lon.r ,I.tor aov.d~ ..conded by Co..I..lon.r ..... and carried anaalaou.ly, that the a,.nda be appro.ed a. a.ended. a. Item 10B(2) Recommendation to obtain law firm of Hopping, Boyd, Green and Sams and Scott Spiewak for Resourc.. Recove ry - Added by County Manllq8 r. b. Item 10B(3) Recommendation to approve a budqet amendment for the Solid Waste Department Enterprise Account - Added by County MIInaqer. c. Item lODel) Recommendation to set public hearinq for August 27, 1985, re purchase of Lely Sewaqe Plant - Added by County Manaq8r. It.. U MINUTIS or SPICIAL MIITING 7/26/85 , REGULAR MIITING 7/30/85 - APPROVID Co..i..ion.r Goodnigbt .oved, .econded by r4..i..ioner ,Piator aad carried unani.oualy, that the .inute. of the apecial ...tlnt of July 26. 1915, be approved. Co..i..ioaer Pi.tør .oved, .econded by Co..i..ioner B.... and c.rrl.d unan~u.ly, that the .inute. of the re,ul.r ..etlntj of July 30, ltlS, be appro.ed. It.. U OUIJlAllCI 15-43 RI PET I '1'1 OM R-85-6C, GIORGI L. VAJUIAI)()I, RIPRUIII'I'IIIG ROOIR aUDIIY, RIQUU'I'U'G RnONING rRON A-2 TO C-4 011 '1'81 SOU'l'BIAST CORNIR or u.s. 41 AND S.R. 95l - ADOPTID SUBJECT TO STIPULATIONS Legal notice havinq been published in the Naples Daily News on July 5, 1985, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition R-85-6C, filed by George L. Varnadoe, repre.enting Roger Budny, requesting rez~ning from A-2 to C-4 for II convenience store and fast food restaurant for property located on the southeÐst corner of U.S. 4l and S.R. 951 in Section 3, Township 51 South, Ranq8 26 East. Mr. Dave Pettrow, Zoning/Planninq Director, .tated that this is for a l.7 acre aite and to the north and east the land is currently zoned A-2 and t~ the south, it i. zoned for II mobile home park which i. undeveloped, and to the west there is II convenience store and gas .tation zoned C-4. He said that there are .tipulations listed in the Executive Summary dated August l3, 1985, noting that Stipulation 1(2) Page 2 c:::J - I:J ~~ ~ ( - ----.-."..",..''"'''..,....-'''"..-.",".,.." r:¡¡¡¡a r:ø¡ ~' August l3, 1985 va. ð.l.t.d. H. atat.d that there will b. two .Cce.. point. on U.S. 41 and th.t CAPC and St.ff r.commend approval with the .tipulation.. Public WOrks Admini.trator Kuck stated, with ref.rence to Stipulation -J-, it has b.en r.vis.d to read as follow.1 -The d.veloper ahall don.t. 17 fe.t of additional right-of-way alonq the .a.t .id. of S.R. 951. An additional width of 10 fe.t shall be r.served a. an ...em.nt for pos.lble future purchase by the County if deemed n.c....ry for the four-l~ninq of S.R. 951 ~t the then current m~rkot value-. Th. ....m.nt may then b. u.ed for landscaping and buffering. Mr. G·rorg. Varnadoe, repre.enting the petltioner, stated that the fact. have been outlined and he agrees with the recoœmendations a. a..nd.d. He stated that the project is in compliance with the Compre- h.n.ive Plan and the CAPC recommended approval. In answer to Commissloner Hassð, Mr. Varnadoe stated th.t in the original sit. plan, there were two access points on U.S. 41 which were approximately 75' apart from one cut to the next, addinq that this doe. not comply with the County policy that they should be 100' apart nor does it comply with the Florida DOT requirements, .0 the site plan w.. amended to put them 100' apart. He stated that this satisfied Staff and CAPe but p.rmits will have to be obtained from the Florida DOT b.for. the driveways can be put in. Commissioner Pistor stated that he is concerned because th.re are numerous convenience stores In the ar.a, adding that he doe. not have .ny problem with a fast food restaurant. He noted that he also has concerns with wh.re the State will put the toll booths if they decide to make S.R. 951 a toll road, addinq that the access drives for this property may interfere with the toll booths. Mr. Varnadoe .tated, wlth reference to the toll booths, if they are placed north of the south entrance, he WQuld not be able to u.e that entrance. He noted that he talked with the traffic engineer and he do.s not beli.v. that it will be placed that close to the Int.r..ction because it may caus. conge.tion on U.S. 41. He stat.d that he would have to comply with wh.tever the Florida DOT come. up with. He stated that this site would only be good for commercial u... He noted that the conv.nience store had a demogr.phic study don. showing the ne.d in the marketplace for this type of convenience .tore. Collai..loner Holland .tated that he was told at an MPO m..ting that if and when S.R. 951 was four-l.ned, the toll boðth would be consid.rably .outh of U.S. 41 toward Marco. He stated th.t he do.. not aoo~ 088 p~r,! 365 Page 3 JOK 088?J';t368 , .. ~:. AU9U.t 13, 1985 ,.~~: );:~ :~;:i .,,~ ;~ '-:r~ ' ~::t: ·;'t; J ~. have .ny probl.. with the r.zonin9. CO_IIIs.ioner Ha..e stated that there are a number of convenience ·".tore. In tha area, addin9 that thh ahould be looked into. ~..I..r ,I.tor ....eI, ..coadeel by Co_taaloaer 8011.... and oarrled unaaiao..ly, th.t the public be.rlDf be clo.ed~ Co..i.sioner Has.e stated that he has concern about the drainage problell and that no new problema will be created. Community Developœent Administrator Mullin. stated that Hater Managellent has always been v.ry thorou9h. Mr. Varnado. .tated that the local DOT recomllended that the t.n loot strip be used for w.ter man.gement purpo... but, when the County 'acqul'res the fee simpl. title to it, th.n they would accept the water run-off. H. stated that there has been an agreement r.ached that the County would hay. an ....m.nt oyer that strip which all.viate. the water management concerns. CO_la.loaer 'S.tor ~ed, ..cond.d by eo..l..I..er GoocIal,bt aDd carried waanlllOu.l" tbat the Ordln..c. .. a_bered .nd entitled below be "'pted .nd .atered Into Ordlaace holt 121 .nd that the htltloa.r'. .'r....at wltb tbe ...Dd.d stlpulatloaa be .ccepted. OIU)IIIAIICI 85-43 All OIIDIIlAllCI MaDIIIO ORDI.UCI 82-2, 'I'B. COMPR.BaSIYII 10111110 R~'fIOII8 "lit 'fU DIIICORPOIlA'I'ID AUA or COLLID conn; noBIM 81' MaDIIIG 'fU IOIIIIIG A'I'LA8 MAP .....IR 51-2&-2 n CIWIQIIIG 'fB. IOIIIIIG CLA88IrICA'fIOII or 'fU BIRII. DUCRIaIJ) RIAL PRO'IRn nOM A-2 t'O C-C"1It COIfYIIIIIIICI 8t'OU AIID rAa'l' rOOD "'!'AURAII'I' "lit '1IO'1R'n LOCA'I'ID 011 !'U SOU'l'BU.8'1' CORIIIR or U.s. BIOawA1' U ABD .... '51 ABD n PROVIDIIIG roB All IFrIC!'IYI 00\'1'1. ··~:::1{ '. Page 4 'I ~ r~ , " , .~ .::s - - " ,_..... - .- l ·'T ~, -.., --- '. ~ ----~-~"~.".,,...- -..'."".....-.....;,'" .. ¡¡¡a r¡;¡¡;; , AU9U. t 13, 1985 It UIJOurn_ '1-171 Ita Pl'l'1'I'1_ fU-U-12C .ao .'MM. unulII'I'IlIG aU11 OI'l'llODOX CBURCB, U All IXTaslOll ó. A PItOVIlIOllAL UII _ ADOf"I'ID Plannin9 and Zoning Director Pettrow stated that on Septe.ber 18, 1984, the Greek Orthodox Church was granted a provisional Use for a church on a five acre site on the east side of Airport Road, east of Orange Blosso. Drive. He noted that the construction has not co...nced and the petitioner i. requesting one more year extension and Staff has no problem with grantinq the extension. He noted that there have b.en financial problema in the past. He concluded by stating that Staff i. recollmending approval. Co_luloa.r ...... _ved, second.d by Co_isston.1' Bollaad and carl'ted ....t.ou.ly. tbat Resolution '5-171 re '.titloa PU-'C-l2C, _.no .,...., r.'I'....tlftt tb. Greek Ortbodoa Churcb, requ..tIDt an eate..loa of a provt.I...l ... be adopted. aODK 088 nq 371 Pa,. 5 '_-..;........~...,-""~,._''''"""'~^..';,''"'',.,.,..,., .. r:=:3 ~ Auqu.t l3, 1985 It.. IS CLARIPICATIOM OP BOARD DICIBIOM R& PAIRWAY ~IRS - COWT'D twO walKS Attorney Donald Pickworth, repre.enting the Elkin Company, stated that th.y ar. the own.rs of some property in Lely Eatatea known a. Fairway Towers. H. stated that this matt.r came b.fore the BCC in 1978 when the property owners asked the BCC to declare that they had the right to develop their prop.rty in accordance with the 1972 site plan that was .ubmitted to the County. He noted that the matter came before the BCC and waa the subject of some discua.ion, whereupon a motion was made end it was declared unanimously by the Bce that the property owners were entitled to build their project In accordance with the .ubmission of 1972 and, following that, a letter relteratinq that action of the Board was written by Mr. Clemmer, who was the Zoninq Director at that, tlme essentially explaining the Board's decision. H. stated that the next time the matter appeared in public was in 1980 when a group from Lely Estates appeared before the BCC complaining about this project havlng a higher denslty than it should have had, adding that there was agaln considerable discussion and a motion to uphold the present density wa. made, meaning the density as the zoning had chanqed, and that m~tion failed by a 4 to 1 vote which put it back to what the petitioner had In October of 1978. He stated that subsequent to that time, thtt owners have built one more building of the oriqinal five building project and the que.tion regards what th.y are able to bulld today, adding that the zoning has changed again. He stated that h. recoqnizes the fact that there has to be .ome limit a. to how long anyone has on these old projects but, on the other hand, this i. a different situation than the normal qrandfather situation. He stated that when zoning change. are made, property owners have to comply with the new laws, but In thls case the BCC has already con.idered all these varlous facts concerning whether this should be grandfathered or not and It was determined that this property should b. grandfathered and the property owners have acted in reliance on this determination. He noted that part of the reliance is that the proj.ct has not been built durinq the intervening tlme and there was no time li.it placed upon this matter. He stated that he i. in a situation today as to how to balance the.e competing interests, adding that there has to be an end to this so.wwh.r. but, at the sa.. token, it do.s not .... right that with no notice the man should have -the rug pull.d out froll under hi.-. He stated that he is before the Board to ask th.. ;; 088".!~,~ 373 paqe 6 ;; OBBI'1'.l374 Auguat 13, 1985 '. once again to aðjucUcate this matter. Co..i.aioner Voss stated that in 1982, the zoning va. changed to RMr-16 which allows 16 units per acre or 60 units on the reIDainin9 lenð, adding that Staff i. recolD..ndin9 tha~ the County advi.e the Lely Civic As.ociation of this ..tter before any decision i. made. County Attorney S.under. .tated that when the zoning wa. changed In 1982, the landowner may have had the -rug pulled out from under hl.- at that time rather than now. He .tated that he agre.s vith Mr. Pickworth'. analy.i. on the general reliance ca.e, but vhen the Board took action in 1982 that was the action that set the zoning on the property and not the action that wa. taken in 1978. He stated that it 1. Staff'. po.ition and he agree. wlth it, th~t they would be perllitted to build to the 1982 den.ity but not to the den.ity that va. permitted in 1972. Commi.sioner Voss atated that the Lely Civic Association should be advised before anythinq is done. Mr. Pickworth Atated that he cannot aqr.. with Mr. Saunder., due to the fact that the 1982 zoning was a converslon table zoning and this land was rezoned becauae it fit into. certaln cateqory and all land. in that catagory were automatically re~ned. He atated that the individuals that now own the property were never notified other than by the newspaper notification, adding that as part of a general rezoning, the Statute only requires a newspaper notification. He reported that given the previous actions of the Board, it cannot be ..id that the newspaper notification in the 1982 rezoning should overcome the specific action taken by the Board on two separate occasiona. Commi..ioner Pistor stated that it seems by precedence the BCC ha. to .ettle with the 151 units. He stated that he doe. not like brin9ing zoning matter. up without all affected parties being notified. Tape 12 Mr. Pickworth stated that there is confusion on the numbers, adding that by their own request in 1978, 20 units were voluntarily deleted. Mr.. Ruth Trulson, President of Lely Civic Association, stated that the re.identa are upset about this matter and she would like to a.k for additional time. She stated that 21 units per acre i. too much den.ity, adding that there i. a water problem in the area and this project should not be con3idered -grandfathered in-. She .tated that this project i. not an on-going project, adding that it wa. begun in Page 7 r:::::J - ~ - ....>'" ,.'~. 1 -' -'-,.....,-."",..._.."',,,.......,-,~..,, .'"..,,....~..._..,..'--'...,.",." ¡¡¡¡;a .~ ~ AU9ullt 13, 1985 1972 and nothing w.. don. for four y.ars and only two building. in all th..e y.ar. have been built. She indicated that accordinq to the n.wspaper, this property is for sale and to allow them 2l unita per acr. to ..ll the prop.rty would be unh.ard of. County Attorney Saund.rs stat.d that it i. St.ff opinion that the exi.ting zoning is RrF-l6 and 60 unit. can be construct.d or some number in that vicinity, adding for that to chang., the So.rd would have to say that this proj.ct w.s grandf.th.red in and the action by the prior ~ard is what prevails, and this is what the development .hould b. or, the petitioner or staff could h.ve the property reaoned. He .tated that a distlnction ne.ds to be mad. betw..n the two proc..... b.cause if the Board is qoinq to consider this as a grandf.ther process it could be consider.d this date or at an advertised public h.aring and it only takes a simple majority of the Board. He .tated that if this i. considered to be a r.zone p.tition, then it would have to go through the n.cessary procedures of the CAPC, the BCC .nd the adv.rtised public hearlngs. Commissioner Voss St.ted that he feels that before any deci.ion i. ~de, there should be Input from the Lely Civic Aasoclation. County Attorney Saunders stat~d that from. strict legal standpoint, this project w.s prob.bly not 9randfathered in back in 1978 becau.e the code talk. .bout a two-year period .nd a on.-year p.riod for building of grandf.th.red proj.cts. He stat.d that this is a very subjective question under strict reading of the code. Commis.ion.r Holland questioned what cod. w.s in .ffect when this proj.ct w.s oriqinally approved, to which County Attorney S.undera st.ted that h. i. r.ferring to the cod. that i. In effect now and was in effect in 1982 when the zoning chang~d. H. st.ted that he would do a aemorandum of law on all thp issu.s th.t have b..n raised by the petitioner and pres.nt it to the Comm18sioners when it is reheard. Com.ia.ioner Holland stated that this petition is aom.thin, that needs to Come back to the BCC and there should be some c'ear r....reh done on it, so that the Comaission.rs know what liability th.y are accepting. Co..i..loner 'Iator ..v.d, .econded by Co..i..lon.r Bolland, that action be def.rr.d on thl. it.. for two ...t. Ufttll th. Itaff ba. bad tt.. to r....rcb tb. ..tt.r thoroDgbly and Lely ~"own.r. Aaaoclatloa baa b.d tb. cb.nc. to atudy tb. ..tter. Commis.ioner H.... .tated that h. would like to have the County ;; 088 P~q 375 pag e a - "-_..~""~"_._,._.,._,._.....,'-" aoOK 088 PACl3ì6 Attorneÿ look into how long a the property Is utilized. COII.i.sloner Vo.. stated that in the caSe of a PUD, it is a contract between the County and the Developer and any time lillit CQuld be put in, adding that it ha. not been done but should be done. He noted that he has asked Staff to give him a list of all the properties that ðre rezoned in this County currently and whether or not anything has been done on them, whether there has been any building, how long ago the property was rezoned, and if there has been any action on that property with regard to the new zoninq of the PUD. He stated that he will have that in the near future. Upon c.l1 for tb. que.tlon, tb. ~tlon carried uaanl~..ly. Auqust 13, 19a5 PUD or other ordinance can last before n.. II PU8DTA'I'IO. BY 'AnI BYLAarDS RI TRAILIR PlRlCI'!' IX'I'. - .0 ACTION 'l'un Mrs. Patti Hyland. of N.E. lOth Avenue, Golden Gate Estates, read a letter which had been sent to the Commissioners regardinq her request for a trailer permit extension. She indlcated thðt she had final clorinq on her home that she solò on the east coast on August 7, 1984; had a building permit to build a home in Golden Gate Estates on August l, purchased a trailer and received a trailer permit on August a, 1984, contacted Florlda Power' Light for temporary power on August 10, 1984 and was told that 1t would take J months to hook up temporary power but before they could do that she had to have a slab, rough plumbing, @@~t1c t~nk And w-.ll, Sh~ indlcat~d that she was laid ~ff from her jOb due to back problems, lost $85,000 1n plants, lost a member of her family, survived fires; had her property flooded out which now has fish and cottonmouths on it; had to pay vet bills due tu snake bites, cannot receive alternate flnancing to flnlsh the house; fill dirt from the canals that she thought belonged to her is beinq removed from her property, and now she has no alternative but to remain in the trailer on her property. She referred to the Supreme Court rulinq in the Cottonqim case, adding that it wa. determined that all that fill dirt belonqed to the property owners. She stated that she has to appeal to the County to let her stay on her own property. Comml.sloner Hasse stated that the trailer permit has been issued for one year and the ti.e limit is now up. He questioned when she could complete her home? Mr.. Hylands stated that she could complete it when she recovers financially and finds a job. Page 9 B:! - - -_·,'..".....,.....~...·~...~··..·','l _---..._.. -,~-- '~.I_.........."~--....--- ~ .., -. ~ -- · -,,-,..__."""'"'.."'...., ¡¡:g f1iE3 w;¡ August l3, 1985 Co..is.loner v~.. questioned who owns the fill on the spoil bank, to which Public Works Administrator Kuck stated that the County and GAC enter.d into an .tjr....nt years atjo that indicated that the property i. GAC's and they had five y.ars to remove it from the .ites. County Attorn., Saunders stated that it i. the County'. position that GAC/~vatar i. the owner of that and an agreem.nt has been entered into for a .plit of monie. from the sale of the spoil material.. He noted that there was a lawsuit filed by Mr. Cottonqim questioninq owner.hip in a particular ca.. which Hr. Cottonqim won, but it was .1IIply for that piece of property b.cause of the circum.tanc.. Involved in that particular ca.e and not for all the spoil banks. He stated that at the moment GAC/Avatar is not removing anymore fill from the spoil banks. Mrs. Hylands stated that she plans on selling the fill that i. sitting on her prop.rty and Commissloner Vo.s indicated that this fill cannot be sold as there are ordinances aqainst it. In answer to Commis.loner Has.e, Mrs. Hylands stated that she i. looking for alt.rnat. financing and a job. tape t3 Commission.r Hasse stated that he would like for Hr.. Hyland. to be given a three month ext.nsion if she can qet construction started aqaln. Mrs. Hylands stated that she dld not know wh.n she could get a job or g.t her construction started agaln. County Attorney Saunders stated that there is not a petition pending for an ext.nsion rlght now, adjing that she is aSking the Board for relief and in ord.r to do anythlnq she would have to apply for an extension and she has already be.n given her final ext.nsion. Community Development Administrator Mullins stated that since the Board placed a moratorium on trailer permits on June 4, 1985, no further application~ can be accepted. She stat.d that with other ca... people are being told to remove the trail.r and if they do not in a certain 420unt of time, it is turn.d over to the State Attorn.y's office for prosecution. Comlli..ioner Voss stated that the full one y.ar extension ha. expired, addinq that she has had unfortunate problem., but the law i. the law. Com.is.ioner Masse .tated that he feels that circumstances in each of these ca.e. .hould be handled by themaelve. and he would like the ;;; OS'8,sr,¡ 371 Patje 10 ,._>'<_.,-,..,"-....."'~"',., ;; OB8n~378 Auqu.t 13, 1985 p.per. to grant an addition.l three Attorney to ..ke up the n.c...ary 80nths to Hrs. Hyland.. County Attorney Saunder. .t.ted th.t in individual o..e. where a per.on'. trailer permit had .xpir.d and the house wa. not complet.d, Staff had gone to the St.t. Attorney'. office and had those individual. pro..cut.d and after court d.te. h.d been set, the 80ard reviewed tho.e individual c.... .nd d.t.rmin.d that becau.. th.y had substantially completed their hou.e, that the State Attorney and the Criminal Court. would be a.ked not to continue with the prosecution. He .tated that there had be.n .ome .xception. because at the end of the on.-y..r period the house was substantially compl.ted. H. not.d that th.re has been no additional 3 month or 6 month period add.d to the permit. He noted that there i. no provision in the ordinance for qranting anything other than the 6 month and two 3 month extensions. He indicated that Staff could b. directed not to prosecute a par~icular individual if the BCC could e.tablish that the individual is clo.e to completing the house. Community Development Administrator Mullins stated that the bulding þermit is due to expire October 30, 1985, and Mrs. Hyland. ha. had three inspections aside from the well and septic tank. She stated th.t all she has is the slab and the temporary pole. She stated that the actions that have been taken in the past have to bo considered and tho.e people that have not removed their trailers are beinq pro..cut.d. She indicated that the system is being followed and the integrity of the .ystem n.eds to be malntained. Commissioner Hasse stated that the case sh~uld be reviewed after the State Attorney makes his recommendation. County Attorney Saunders questioned if Commissioner Hasse .eans th.t Staff ahould process this as any normal violation if Mrs. Hyl.nd. does not remove the trailer and once the charges have been brought and the State Attorney begins the proce.s of the prosecution, then the BCC will take a look at the facte as they exist at that time? Community C.velopment Administrator Mullins stated that this could take anywh.re from 60 days to four months. Commissioner Hasse stated that he agrees with County Attorney Saund.r.' stat.m.nt and f..ls that this is the way it .hould be handled, and therefore, no action should be taken. Co..issioner Voss .tated that the ace has decided to take no .ction on the request and the State Attorney will continue the proc.... pag. 11 r::::J - - .,IIþ L --.._ ~._'S._ t..;::'-_.. ,.. ."----"'"-.-........"."""'~,_.,,,....,,' r¡;;jiI 0:1 ::;::j August l3, 1985 Community Development Administrator M1'll1ns stated that Mr.. Hylands will be n~tified, adding that an inspector will be out to tag the trailer when the permit expires, at which time the proce.. will start. Ite. 17 STAPP AUTIIORUKD TO FORWARD ft. MDI1MDT8 TO '1'BI FUTURa LAlfD USI AltD TRAIISPORTA'1'IOII EL.....n OF TBE CON.RIBI.SIYI .LAII TO TBI FLORIDA DE'ARTNDT OP COfUIU.In AlPPAIRI AltD ftl 80UT8lflIT FLORIDA RIGIOIIAL 'LAMMING COU.CIL POR TBIIR ~IVIIW Planner Cacchione stated that Chapt~r 163 of the Florida Statute sets forth the procedure for amending the Comprehensive Plan, adding that In order to be included as part of the Comprehensive Plan, the amendments to the Future Land U.e Element and the Transportation Element must follow the same procedure as the original adoption of the C~mprehensive Plan. She noted that she is recommendinq that the BCC authorize Staff to determine that the CCPA has held a public hearing on the amendments with due public notice which were held on May 23, 1985, and July 11, 1985, and that a copy of the draft amendment. to the Future Land Use Element and Transportation Element of the Comprehensive Plan be trðnsmi tted to the Departmei't of Communlty Af fairs and the Southwest Florlda Reglonal Planning Council be transmltted for their formal 60 day review period. Co..I..ioaer .i.tor ~ved, seconded by Co..i..loner Ba... and carrl.d unanl.ously, tbat Staff b. authorized to forward the a..nd..nt. to the future laad uae el..ent and transportation ele.ent of th. Co.preb.n.lv. ,lan to tbe Florida Depart.ent of Co..unity Affair. and tbe Southwe.t Plorida Regional 'lannin, Council for their re.iew. Ite. 18 RaaOLUTIOII 15-172 A.D AGRE"'DT AUftORIZING JOI FIXIL TO Act 011 ftl COUWTY'S BEHALF AS COU.SIL FOR &MIKIMT DOMAIN PROCIEDINGS _ ADOPTED. Public Works Administrator Kuck stated that the Collier County Transportation Department will be acquiring rights-of-way for road improvement projects based on either immedIate or long term plans, adding that the County may have to condemn certain properties in order to acquire all the rights-of-way needed for the road projects. He stated that this will occur only after neqotiations are exhausted and as a last resort. He reported that it is anticipated that legal counsel with expertise in condemnation proceedinqs will be needed to assist Collier County in completinq riq;.ts-of-way acquisition projects. ;;~ 088m; 379 Page l2 '* OBBng 380 ..\uquat 13, 1985 ø. noted that Jo. Fix.l i. an attorney who .p.cializ.. in eminent 'do..in proc..dintj. and ha. repr...nt.d Collier County in ..v.ral c.... .nd hi. prof...ion.l ..nn.r, .dvic., and coun.el has re.ulted in Colli.r County being abl. to .inimiz. oond.mnation .xp.n.... He .tat.d that he i. a.kinq th.t a r..olution and aqr....nt be approved authorizing Jo. Fix.l to act in the County's behalf as coun..l in e.in.nt domain proc.edings. County Attorney Saunders stat.d that h. would recommend that the County continu. the r.lationship with Mr. Pix.l. Commi.sioner Holland que.tioned how much money is left in the budtj.t for this fi.cal year for out. ide legal coun..l, to which County Attorney Saunders replied approxi.ately $60-70,000. County Attorn.y Saunders stat.d that the cost for the eminent domain couns.l and the n.xt it.m coming up would not come out of the County Attorney's sp.cial counsel budget. Com~issioner Hasse qu.stioned if any of the three attorney'. could handle this, ~o ~hich County Attorney Saunder. .tat.ð that he ha. tried to handl. as .uch of the eminent domain work as possible which ke.ps the f.es down, but there i8 a need to have someone who sp.ci.lize. in .min.nt domain work. Co_I..loa.r: Pi.tor: aoved, ..cond.d by Co_i..loaer Yo.. .nd aarried 3/2, Ceo.al..lon.r:. Be... .nd Bolland oppo..d) th.t R.solutlon 15-172 be adopted aad th. .'r....nt .utborlala, Jo. rlx.l to act oa th. Couaty'. bebalf a. couns.l for e.in.nt do..in proc..dln,. be .ppro..d. Commissioner Holland stated that he is tired of voting for out.ide l.gal counsel for every issue th.t comes up, to which Commission.r Ra.s. concurred. Pag. 13 =:! - - . ~--._.". '._-^-.-- "'...- -"--"-'_'_"'_"0 ;:;¡J ~ ~ Auqust l3, 19R5 It.. It R.lCGlUlDIM!,I,* '1"0 oe!'AI. ft. tAW rUII or ~"IIIG, Bom, GRID AJID IMS, !'~~u..ua.I, rLORIDA, AIID ICon I,nwu, WAlIIIIG'I"O., D. C. A!' All IUlIIDl'I'UR. .. '1"0 Us,ooo PLUS nPI.SIB '1"0 PR..ARI A Cc:..'LftI DI". or RIQULA'1'IOMS AIR QUALIfY CO.S'1'RUCTIOM 'IRMI!' A"LICA!'I~ - AP'ROVED .. "____~...o"._..~....,._.~______.._ Assi.tant County Manaqer Dorrill .tated that this item include. two firms who are Hopping, 80yd, Green' Sams of Tallahasse., Florida, and Scott Spiewak of Washlngton, D. C., adding that this is of a highly technical permit nature and these firms specialize sol.ly in the work that is being proposed. He stated that this is for an air quality permit associated with the resource recovery project. He stated that he i. proposing that these firms be on ð retainer of the County in the amounts of $10,000 and $S,OOO respectlvely for the servic.s of Hopping, Boyd, Green, Sams of Tallahassee and Scott Spiewak of Washington, D. C. He stated that the reason for this is that the County i. under a tight timeframe with respect to making a decision on resource recovery. He noted that the project has been fast-tracked, but a decision regarding a vendor will n~t be made ~ntil sornetlme in September, adding that the proposed ch3nqes In federal tax law may severly curtail whether or not the County is going to consider lhis project at all and because of the time that it takes to negotiate aqr&ements with the electrlc companies and to try and get air quality permits, he is trying to do four or flve different types of things concurrently l.adinq up to the decision that will be made sometime in September. He stated that his recommendation is that the BCC authorize the retainaqe that was mentioned and maximum dxpehditures on a time and material basis not to .xceed $65,000 for the alr quality permit and an additlonal $10,000 for the successful negQtlation of an electrlcity sales purchase agreement with Florida Power & Light. He noted that the next item is an accompanied budget amendment to accomplish this if it i. approved. In answer to Commissioner Hasse, County Attorney Saunders stated that in a situation like this where a firm is attempting to get an air quality permit rapidly, it makes sense to deal with a Tallahas... firm. He stated that he is famillar with the Hoppinq, Boyd, Green and Sams firm as he has done work with them in the past and they are v.ry qood. He noted th~t as far as the type of work that is involved, h. would recommend that the County Commission approve hirlng the firm to handle the air quality permit because of the shortness of tim.. He .tated that he concurs wlth .taff recommendation reqardinq the negotiations for the sale of electricity. _ a 001( 088 PAGE 3'85 Page 14 --..-"""".--.--.--,..-,..... ,o~ 08'S f'~r.1 388 AugU.t 13, 1985 Commissioner Holland questioned if the Commission has mad. a firm ~ecision on exactly how Solid Waste Disposal is going to proceed, to which Assistant County Manager Dorrill replied neqatively, adding that .uch a decision will not be ..de until the last part of September. Assistant County Manager Dorrill stated that attorneys would be retained in the amounts of $lO,OOO and $5,000 to begin work that obviously is not going to be completed by the time the Commission has. chance to llake final decision. He .tated that if the County decides not to proceed with any type of resource recovery work, then all actl- vities will cease. He stated that to wait until the end of September and then to expect Staff in the course of 60 days to negotiate con- tracts to accomplish air quality permitting and the sale of electricity to the utility and a delivery and service agreement with whomever might be a successful vendor and beat the December 31, 1985, deadline cannot be accomplished. Commissioner Holland stated it seems that the County i. not concerned about the tax dollars that are being spent, but the County is concerned with the private vendor that mayor may not decide that they want to come into the County to do a service that has not been determined yet which way it is going to be done, addinq that this is definitely putting the ·cart before the hor..·. County Attorney Saunders stat.d that if the project i. financed under existing tax laws so that interest is tax exempt, it means that the private vendor profits benefits from that but it also mean. that the user. will pay a lower fee because of a lower cost to the vendor. Commissioner Holland questloned what type of permlts these people are going to be seeking and what research is going to be done if the Commission has not made a decision on which route is going to b4 taken? Commissioner Voss stated that If the Commission decides to qo with resource recovery because of the problems at the landfill, it will have to be done by the end of the year before the tax laws change. He noted that if the tax laws chanqe, private vehdors will not come in to dispose of the solid waste for the prices that are now beinq considered, adding that Staff is obligated to search out mean. of holding cost down. H. stated that t.he.e firms are being set up on a retainer so that in the .vent that the Commi.sion make. the decision to go in the resource recovery direction, th.s. firms are already retained and ready to go. He stated that the Commission cannot wait until the last minutes, adding that he would like to congratulate Staff in having Page l,) -= - - -~-1.'""'I1Il r AJ t.;.;. - -_._-......_-""-_.._-,~,' c:;¡;;¡:a ~ ~ August l3, 1985 the foresight to g.t somethlnq started on it. Co.mi.sion.r Pistor qu..tioned if the $65,000 plus expenses is r.alistic for getting this permit? Mr. Dorrill atated that some of the filing fe.s for certain type. of permits can be as high as $25,000. He stat.d that Staff i. convinc.d that the neg~tiat.d price is v.ry r.a.~nable. Commi..ion.r Pi.tor qu..tioned if the $25,000 for a permit i. included within the $6~,OOO, to which Mr. Dorrlll stated that the $65,000 is a lump .um nQt to .xce.d, addinq that the $25,000 is not an e xp.n... Commis.lon.r Holland stated that the Executlv. Summary stat.s $65,000 plus .xp.n.... Mr. Dorrill stated that he Is lead to believe that these are r.imbur..abl. for Qut-of-pocket .xpen.... Tape t4 Commissioner Holland stated he fedls th4t the Attorney should have .ome input intQ something that com.s before the Commis.iQner with reterenc. tQ attQrney fee. of about $100,000. Mr. Dorrill stat.d that he is not proposing to sp.nd SlOO,OOO, adding that h. is propo.ing that the.. flrms b. retained in the total ~mount of $15,000. He stated that it i. well within his discr.tion to propose these types of thlngs tQ the Commisslon in order that this project be accompli.hed by the .nd of the calendar year. County Attorney Saunders stated that he reads the mat.rial to indicate that it is e.tlmated that the fees for the .nqin..rs and attorn.ys would not excðed $65,000 plus their Qut-of-pockets exp.n.... H. noted that tne attorneys will be charging an hourly rat. and the engin.era bills will not exc.ed $65,000, adding that he would read the lelter as probably not Including filing f.es. Mr. Dorrill stated that he does not know what the actual filing fe.. for the air quality permit ar., adding that if the Commission int.nded to qo oth.r routes than the one mentioned, it involves the power plant .itinq permitting process which is a on.-time lump sum te. of $25,000. He .tated that the letter indicat.. that expen.e. that are not includ.d in the $65,000 are travol, xerox, telephone, printing, and application charge. and that h. could report back to the Board with r.f.rence tø what the application charg.. would b., adding that he is not recomm.nding that the Commi.alon hold off on this item. Coe.I..loaer PI.tor aoved, ..conded by Co..a..loner Goodnl,bt, lOOK 088 PAGE 387 Page 16 ,--_..,-_...~..~..-.._.....,,,>..,......~ ...., aOK 088 "1r.! 38B August 13, 1985 that the ace autborl.. aft .xpendltur. up to "5;000 plus e.pen..s, to retal. ü. .."I.... .f üe law fir. of Ioppl"" lIoyd~ Qreen; aDd S... of ~allaba...., rlorlda, and Ioott apl..._ of w.ablatton, D. c. to preper. a ooapleta Depert..at of Re,ulatloa.' Air OUallt~ Coa.tractlon "ra1t application. In answer to Com.is.ioner Hasse regardinq the cost of the expense. at the landfill, Public Works Admini.trator Kuck .tated that the .sti.ated cost over the next five to seven year. for the landfill to provide the cell to meet the D!R requirement will be $6-7 million. He stated that if the resource recovery process i. used this money will still have to be spent for the landfill site, but the expenditure of money to .eet the DER require.ent with a resource recovery proce.. ~uld last about 4 times as long which would mean that the $6-7 million would last for a period of approximately 25 years instead of 6 or 7 years. Commissioner Voss stated that in order to-keep t~e options open, the Com.is.ion should go ahead with this at this time, otherwise, the chance to do it haß been precluded. Upon call for the vote, the .otion carrled 4/1, (Co..i..ioner Mollaad ~ppo..d). It.. 110 BUDan AlUllDlIII'I' I'OR '1'111 SOLID WAB'I'I DIPAR'l'Narr Drl'BRPRISI ACCOUIn' I. '1'81 ANOu.r or '75,000 - APPROVID Co..i..loner Pi.tor .oved, .econded by eo..t..ioner Goodnl,bt and carri.d 4/1, (Co..i.sioner Bolland opppoaed) that the badt.t a..nd..nt for th. Solid Wa.te De~rt.eftt Int.rprla. Account in tb. a.ount of .75,000 be approved. It_ 111 '.LIC Il&ARIIIG 8ft POR AUGUST 27, 1185, RI PURCIlA8I or LILY 8DfAGI TRIA'I'NKM'I' P~T - AP'ROYID County Manager Lusk stated that six or seven months aqo the County Com.ission instructed him to enter into neqotiations to purchase the Lely Sewage Treatment Plant. He stated that he has a contract and he ~uld like to proceed with the legal requirements and part of that requirement is a public hearinq which i& to be held on August 27, 1985. He atated that the contract was drawn up by the County Manaqer's office, the County Attorney'. office and Lely. Fiscal Officer Giles said, regardlnq the purchase, he wanted it clarified for public record regarding the new require.ent of appraisal. pag e l7 ., - - ''':.':' _. ;m"""· r¡;¡;a fill ~' August 13, 1985 for re.l property costing more than $500,000 and qu..tioned if the 30 day pUblic notice requirement applies? County Attorney Saund.r. at.t.d that under the .gr....nt that will b. submitted to the Co.mi..ioner. for consi~eration, there 1. no r.al prop.rty b.ing purchas.d, It i. the faclliti.s, ther.for., the County would not fall und.r that provision. H. stated that the provisions of S.ction l25.340l would b. followed which require. a public h.arinq and certain findinq. to be made by the Commission which is scheduled for Augu.t 27, 1985. In an.wer to Fiscal Offic.r Giles reqarding when the Lely apprai.al would be presented for public record, County Attorney Saunders stat.d that the Statute doe. not require an apprai.al, .dding that an evaluatlon by an Enqineering firm was don.. Fiscal Officer Gile. questloned if this .valuation would b.come part of the public record, as it wa. paid for as part of the Engineering? Mr. Dorrill stated that it will be part of the record at the time of the public hearinq. Fiscal Offic.r Giles stated that under Chapter 119 it i. required to b. s'Jbmitted at a Board meeting to become part of the public r.cord. He stated that if there i. some sort of notice requirements or additional appraisals, he would not want the SOard to move forward on it at this point. County Attorney Saunders stat~d that he has determined that the provision. in Section 125.3401 apply and all of the information requir.d in the 9 paragraphs of that section will be submitt.d to the Board, will be open for publlc inspection and commented on by Staff and the public h.arinq will be on August 27, 1985. He report.d that nothing in that list of items requlres an appraisal. He not.d that the .valuation that was done wlll b.come part of the information that i. pre.ent.d to the Board and, althouqh it is not legally required, it will be available. He noted that the Board can have the hearing and deteL~in. that the purchase i. In the public interest at that h.aring and then can approve the contract at the same time. Fiscal Officer Gile. .tated that this mu.t account for the It.. reqarding the underwriters for $40 million which would include the Lely purchase also. County Attorne1 Saund.rs stat.d that Lely is listed as a proj.ct und.r that bond i.su., but und.r the propo.ed agree.ent that proj.ct would b. financed basically by the develop.r and the County would pay a aool( 088 P.G[ 3'89 Page 18 - ___ ,._, _.. .""f' . aDoK 088 PAr;t 3'90 Auqust 13, 1985 certain amount each year for three or four y.ars and it would not b. a part of the bond issue. H. noted that it is listed as a project in the event that the County needs to look at a bond issue for Lely. Co-.d..lon.r 'i.tor .oved, .ecoaded by Co..l..loaer Goodnlgbt and carried uaanl~u.ly, tbat the public b.arln, re,ardlng the purcha.. of tbe Lely Se.a,. Treat.eat Plant be beld on Au,ust 27, 1"5. U.. 112 RDOIrI' c:. SIECCJm) DISTRICT COURT OF APPEAL DacISIOII I. u.&T IllAPLU WAUIt SY8T1KI ~ITltU8T CA81 . 85-234 THAT COUNTY WATIR-SIWIR DISTRICT IS IXIMFT FROM FLORIDA AMTITRUST ACT - NO ACTION TAKIN~ County Attorney &aunders stated that hs has decided that whenever there ~ a m~Jor RSU~ r~solved In any of the litiqation involved in the East Naples Water Systems, Inc. he would present a report to the Board. He indicated that he distributed a memorandum from Assistant County Attorney Anderson concernin9 two cases that were filed in State Court and in both of those cases there WdS a c~unt in the complaint for damaqes for alleged violations of the Florida Antitrust Act. He stated that he hðd argued in the Circuit Court cas~ in both of those matters that the County Commissioners, the County, and the County Water-Sewer District ùre exempt from damag~ awards under the Florida Antitrust Act because of provisions in Chapter 153, which Is the Chapter that autho- rizes the County tQ ~et up County water-sewer dlstrlcts and to requlate utilities. He noted that the Circuit Court granted the motion to dismiss which was appealed by the East Naples Water Systems, Inc. to the District Court of Appeal and they gave a decision affirminq the dismissal with prejudice of the Antitrust count in one of the com- plaints. He indicated that the Eðst Naples Water Systems, Inc., in the second case which was also on appeal, took a voluntary dismissal In that case, recognizing that the District Court would affirm the dis- missal of that case as they did in the other case. He reported that the effect of this is that the Individual Commlssioners named as defendants in the Antltrust action are no longer subject to any damages or actions or alleged violatlons of the Florida Antitrust Law, addinq that it is his opinion because of recent amendments to the Federal Antitrust Law there will not and could not be any action aqainst the Commissioners for violatlon of Federal Antitrust Laws. He noted that there are still actions pending for damages against the County for alleged wrongful regulation of the East Naples Wat.r Systems, Inc. and there is still the civil riqhts action in Federal Court in Miami, but Page 19 .. - - .. a..;"'-- r;;'I œ. l1li' August l3, 1985 there is no need to worry anymore abQut Antitrust claim.. In answer tQ Com.i..ion.r H.ss., County Attorney Saunders .tat.d that under the Antitrust Law. if th.r. is a violation, .o..on. provin9 the violation i. .ntitled to attorney f.e. a. wvll as triple damag.., adding that this was a aub.tantial conc.rn to him and hø was v.ry pl.a..d that the cases w.r. dismiss.d. n.. 11 3 ROUTI.I BILLS - APPROVID rOR PAYM"T Pur.uant to Resolution 81-150 the fOllowing checks were issu.d through Friday, August 9, 1985, 1n payment of routine billsl CHECK DESCRIPTION CHECK NOS. AMOUNT Vendor 131808 - 132084 17564 - 18154 $291,251. 01 251,702.94 BCC Pa yroll n.. 114 BUDOIT AMI.DMI.TB 85-378, 85-380 AMD '5-382/384 - ADOPTED Co..is.ion.r Pt.tor .oved, ._Qonded by Co..iaaton.r ..... an~ cacried unaniaou.ly, that Budget "-.nd..nta 85-37', 85-380 and 85-382/384 be adopted. It.. US STArr TO LOOK I.TO ~HI ISSUI or DOUBLI CHARGING or UTILITY IMPACT 'IBS Commis.ioner Piator stat.d, wlth r.ference to impact f..., .ome p.opl. are being charged t~ice, ~nc. by the County and again by the D.v.lop.r, adding that he think. that the matt.r shQuld be corrected. He noted that the person connecting up to water and .ewer should only pay one., not twice. County Manaq.r Lusk stated that if the purchase of the Lely S.wag. Treatm.nt Plant i. approv.d the double impact fee. will be eliminat.d .. this i. the last area where th.r. ar. double impact f.... Tape IS Utilitie. Administrator Crandall stated that if the Board doe. purchas. Lely, the County will be the only one coll.cting impact f.... H. .tated that there is about $400,000 being collect.d this year as a r.sult of the double impact f.., adding that it i. ð considerable amount of lIoney. Commission.r Pi.tor $400,000 th.n the people stated that if the County is collecting that are Äeing a....sed ar. paying $800,000 ,aDO!( u88 I'AGt 3'91 Pa9. 20 > II ;"'. " . IOOC 088 ,.ACt 392 -August 13, 1985 which ia a ..tter that ahould be im.ediately corrected. Øe noted that 'he would que.tion the legality of it, adding that either the County cOllect. or the developer collect.. County Manager LUsk stated that part of the problem Is what the -oney 1. bein9 U.ed for, notin9 that the Impact fee that the developer Collect. Is to expand the plant that he i. operating and the Impact fee that the County collects i. to build a regional plant. He stated that the impact fees are ~eing used for two different things and the solution is to eliminate the developer which is what will be done if the Lely plant is purchased. Commissioner Pistor stated that the situation should be looked at and the problem avoided. Utili tie. Administrator Crandall stated that an ordinance could not be written that would preclude charging Someone that may be charged by another entity, adding that when the ordlnanëe is written It stmply say. that a fee is due the County. He stated that what ~~me~ne else is charginq is not something that the County can requlate. Assistant C~unty Manager Dorrl11 stated that the Florida Public Service Commission requires private utilities under their juri.diction to charge for th~ depreciation and expansion of their plant and they are obligated to include that in their rate baae. Commissioner Pi.tor stated that he wants it looked into even though the Lely plant may be purchased. Commissioner Voss stated that this is something that Staff should take a good look at, addlng that people should not have to pay double illpact fees. Utilitle. Administrator Crandall stated that if he looks at this lIatter, it will probably affect the bondlng capabilities as it will be Income that the County do.. not havd. County Manager Lusk stated that h. hopes the day will Come when a developer will be able to hook up to a central system of the County and not have to build a package plant, adding that this should be the ul Umate goa 1. Utilities Administrator Crandall stated that he would be qlad to review the matter with the Attorney's office. ..... Rece... 11110 A.M. - Reconvened. 11.15 A.M. ..... " ,t::-·· Page 21 ~ - ~ . .4._.__._--..-_.....,_.,_ ·..,~_..'·--'-9· ~ r;;;a £::i:I August 13, 1985 It.. 11' JIAJtCO IBLAIID CIlUlBIR or COfIIKIRCI RlQUIS'l FOR A DOIIA'lIOII 'lO 'lBI rLORIIa BUDDLI IN JANUARY, 198& I. AN .\MOUN'l or $10,000 - A~~ROVID Mr. Robert Stakich, Presldent of Marco lslan~ Chamber of Commerce, stated that the Marco Island Chamber of Commerce in conjunction with the Naples Chamber of Commerce is qoinq to have the Florida HUddle, an international trade show, in Collier County in January, 1986. He noted that the Florida Huddle is nine yuars old and he is very pleased that Collier County could get these people to come to the area. He .tated that they will come to Marco Island and stay at the Marriott Hotel, adding that they will have their trade .xn~bits and will write approxi- mately $80 milllon worth of business for Florida, and the business people will beneflt greatly from it. He noted that last year this huddle was in Hollywood and the year b~fore in Orlando. He stated that he does not have the dollars to expend to welcome these people, addinq that the M.1rrIott Hotel has commItted a $20,000 budget for special events for the entertaInment of these people, the Marco Beach Hilton has committed to $20,000, the Port of the Islands has given $20,000, and Lee County's TDC has given $17,000 in order to obtain their business and make them welcome. He stated that the area needs to be shown properly but the Marco Island Chamber of Commerce is short of funds. He noted that, jointly, the Naples and Marco Island Chamber's of Commerce are asking the Commission to help cover expenses and gIve a .eafood luncheon for th9se people. He stated that they would like the funds In this fiscal year because the dollðrs are needed now because the event is January 10, 11, and 12 and all funds will be fully committed by then. He stated that h~ Is asking for a donation of $lO,OOO to be used for the seafood luncheon. He stated that he understands the budget problems the County has, but feels that this is important and proper for the County to hold such an event. Mr. Bill McGowan of the Naples Chamber of Commerce stated that he would lIke to reiterate his support for the Florida HUddle, adding that he has attended six of the huddles and every hostinq communlty gene- rates immediate response from the vIsitation. He stated that it i. a great opportunIty to show what Collier County has. He noted that he is proposing that Naples hold a Naples Night at the Old MarIne Marketp\ace for these people. He noted that in addition to the dollars beIng raised privately fro. the local communities to support it, the input from the County would be extremely helpful. 100« 088 PAGl3'93 'age 22 ..~ _4..~ --'-----,"'.. ... III OK 088rAGt394...ugun 13, 1985 Co..is.loner H.... Itated that tho.e that benefit the most should be the ones to pay for this type of event. Mr. McGowan stated that the.e people are from allover the world and their trip i. completely paid for due to the purch&sing power that th... p.ople have. He .tated that the.e people develop clientele anywhere from 100,000 to over 1 ml1lion. He noted that .ome of the major tour broker. in Germany and England will be here for the event, addin9 that some of these people are 100kinq to e.tabli.h new bu.ine.. in Florida. He .tated that they are constantly looking for new m.rket areas and with the excellent area that Southwest Florida has, this i. the best vehicle that could be u.ed to show off the area. Mr.. Bettie Gulacsik stated that she has listened to all the budqet concerns and If this County i. h~vinq that many problems, she does not like the idea of her tax money belnq used for this purpose. She stated that the member. of the Chambers should be payinq for this. In aswer to Commissioner Hasse, Mr. Stakich stated that the $10,000 is the total expense for tLe .eafood luncheon. He noted that if the type of buslness i. generated with the exposure that is in this County, that amount of money will be returned to this County many times over. He stated that the impact on this community will last at least three years. He noted that there would be about 800 people at the luncheon which is why $10,000 is n~eded. Commi..ioner Voss stated that this i. approximately $l2.00 a head for lunch which 18 not expensive. ComlD1ssioner Goodniqht stated that Collier County's economy is ba.ed on two things, agriculture and tourlsm, adding ~hat this money could be spent for other items but you have to spend money to make money and this is a worthwhile cause and the Huddle has been successful in other communities. Co..i..ioner GOodnight 8Oved, .econded by Co..i..ioner Pi.tor and carri.~ unani.ously, that the Marco Iel.nd Ch..ber of Co..erce reqU.st for a donation to th. Plorid. Huddle ln J.nuary, lie" in the .~unt of $10,000 be .pproved. Commissioner Hasse stated that he would like to make .ure that it i. noted that Collier County is ho.ting this luncheon. Page 23 -= - .. r¡¡a CiIJ ;::::3 August 13,1985 It.. 117 RUOLU'I'1œ 15-173 AUTIIORIII.a A UFIRDDUM FIBRUARY _.!t. 11:;' U GOLDa GA'1'. FlU COII'I'ROL AIID RUCUI DISTRIC'1' - ADOP'I'ID. CQllTIIIO UPOIt a-=-lY111G .11,000 BY OC'I'OBD 15, 1115, FROM TO DII"fRIC"I' '1'0 DURAY C08'I' OF "fHI ILIC"fIO.. Commissioner Pistor questioned why this resolution has to be p....d this date if the election is not until February 4, 19861 He .tat.d that he would a180 llke t~ have the County .ell s~m. ~f the property that Avatar has donat~d t~ the County to fund the fire .tation. He noted that the revenue from the sale of property that ".,. " was donated can be used for the purpose of building fire stations. SUpervi.or of Elections Morgan .tated that she needs five months to prepare for an eleçtion, adding that from the time sh. makes a submission to the Justice Department, th.y have 60 days in which to acknowledge recelpt and If there 18 something lacking it glves l.ad time for that material, ordering the ballot cards, contactlng the polling places and arranginq leas8s for the special date and lininq up the poll workers. She stated that if this was held at the same time a. the Naples City Council election, some of the costs would be decreased but she would still need at least $7,500 to start with as she does not have any money in her budget to aven order the ballot cards. Commissioner Voss stated that he feels that there should be about $10-11,000 up front and If all the money Is not used, it will be returned to the Oistrict. Commissioner Hasse qu~stion.d how much of the property that has been donated i. saleable, to which County Attorney Saunders stat.d that mo.t of the land has not been accepted because it i. of no value so the County .taff i. still working with Avatar to make sure that some land is received that 18 of some value. Community D.velopment Administrator Mullins stated that a lot of the property that Avatar wants to qive the County is not acceptable and would be more of a hinderance than an asset, adding that .ome of the properties for the first two deeds are in the final staqes of beinq accepted. Commissioner Hasse stated that this property could b. u.ed for good purposes for some of the thinqs that are n.eded. Comlli.sioner Voss stat.d that the amount of money .hould be decided upon and the referendum authorlzed, adding that there should b. at lea.t $10-11,000 up front. lo~ 088 PAr.l 395 Pa9. 24 ....,.Q..._....-""a'......·__,," aOOK 088 PACt 396 August 13, 1985 Co.i..loner Pi.tor aoge~, ..cond.~ by Co..I..loner B...., tbat Reeolution 15-173 aathorl.lnt . ref.rendu. r.bruary 4, 19'1, to .,deter.in. If th. elector.te r..ldlng In the Gold.n Gat. rlr. Coatrol , ',Re.1Ie DI.tl'1ot ..ata to .pproyea two year .nl.u. tax incr.... of1 '..11 for the purpo.e of fundlnt flx.d ....t. .nd c.pltal I.pro....nt. wlthla the Di.trlct be adopted; contlng.nt apon r.celvlng $11,000 fro. the DI.trict to defr.y the co.t of the el.ction~ Supervisor of Elections Morgan atated that she would like to hive the money by October 1, 1985, in order to order the ballot cards and would like that included within the motion. Chief Reev.s stated that he would aak that Ms. Morgan give hi. until October IS, 1985, to get the money as it i. in a CD and will mature at that time. He noted that it will be paid for by the Golden Gate Pirefiqhters Association and their money Ja in a CD, adding that when it matures on Octobe'( 15, 1985, they will donate it to the Diatrict and the District will turn it ~ver to the County. Co.aI.lsoner Pistor ..ended hi. ~tion to "indicate that the $11,000 be 9iv.n to the Supervisor of Ilection. by October 15, 1"5, .nd Coa.l..ioner Ba..e a..nded hie ..cond. Upon call for the qu..tion, tb. aotion carried anani.ously. Page 25 -=a - c::! --,.---.,..."","""",.,,^ w¡J fãiìI ¡:;:;J Auqust 13, 1985 It.. '18 ¡.~~R"J~::JF ~gu:~L ~L C~~~~:I~B~Rrr:~~IDaIGJfII COIUUTI'II R& WA'I'IR . SIWIR Rm.UI REru.DUIQ 8011DS, SIRlES 1985 APPROftD. ca'GUTI'II '1'0 MilT WITH rI.MlCIAL ADVISORS MID RITURJI WITH RECOMNIIfDATIONS. Commiasloner Voss stated that he suggested that this committ.e be composed of the County Manager, Clerk of Courts, and the County Attorney or their deslqnee and two members of the public. He stat.d that Commlss1oner H~lland has recommended Mr. Edward C. McDermott from the First National Bank and Commissloner Goodnight has recommended Bill Hill from United Telephone Co. Co..iaaion.r Piator ~Yed, aecond.d by Co..i.aion.r Ha... and carried unani.ou.ly, that the County Manag.r, Clerk of Courts, and tb. County Attorney or th.ir d..igne. and Mr. Edward C. AcDer.ott and Mr. 8ill 8111 be apppointed to the Financ. Co..itt.. r. the Wat.r , Sewer Reveaa. R.fanding Rond., S.ri.. 19a5. Countj Attornay Saunders stated that the Committee is going to need some direction as to when the Hequest for Proposals are to be sent out, when the Investment Bankers are to return the request for pro- posals, and what firms the commlttee should interview. Commissioner Voss stated that the last refunding was handled very well and he would sugg~st that the committee interview the people that th.y had last time and decide whether or not th~y should solicit bids from others or stay with the original ones and leave that up to the Committee to make a recommendatlon to the Board. Fiscal Offic~r Giles stated that he does not know whether the financial advisors ~ave advised the County whether to competitively bid this or have a neqotiated sale, adding that there is a requirement by the Bureau of Finance that there should be a resolution adopted by the Board for a neqotiated sale. Commissioner Voss stated that he ls only suggesting that the committee review it and come back to the Board with a recommendation. Commissloner Holland stated that he would like to .ee the committee interview as many people as necessary and bring the top three back to the Board with a recommendation but not In any ranked order. County Attorney Saunders stated that he would recommend that the Board direct that the Request for Proposals be as outlined by the Financial Advisors. Co..i..loner Yo.. .tated that it i. tbe general con..n.u. that the BOOK 088 PAr.[ 3'99 Page 26 ,. __~.'Ø"_'-'~"""~''''''--'~_ aM 088 !'.Cot 400 C~ltte. ..et with a. espedltlou.ly a. U"'lI nIPARA7IC* or BID SPICIrJCA7IC*S, ADVIR'l'JIIIIO or SMI, MID IVALUA7IOII or RJ:IPC*sa FOR BALLOT '1'ABULA'1'IOII IQUIPflIII'1' - APPROYlD. rUlfDS ....IbI'I'Ly PROVIDED I. ILKC'l'IOIIS CAPI'1'AL IM.ROVIMD'l' BUDGI'1' '1'0 BI CARRIID rORWARD 111'1'0 IIIX'1' YIAR'1 BUDGI'1' rOR ABOVE 'URPOSI August l3, 1985 tb. financial advlaora and co.. back poa.lbl.. to tb. Board Commia.ioner Pistor stated that .ince the oriqinal ballot tabulating equipment was purchas.d, there have been improvements made if¡ this type of equipment and there 18 a need for the.e improvements. He not.d that there is a lot of equipment that Is far advanced than what the County ha., addlng that he would propose thÐt the bids be 1et for the new tabulating .quipment. Co..i.aion.r Pi.tor .ov.d, ..cond.d by Co..iaaSon.r Holland and carried unanlaoualy, th.t the preparation of bid .pecification., advertS.lag of ...., and evaluation of r..pon.. for ballot tablulation equlp.ent b. approv.d and the fund. pr...ntly provld.d In .1.ctlon. capital I.pro....at budg.t be carried forward Snto n.xt y..r'. budg.t for .aid purch.... ._-.. Co..iu.ion.r Pi.tor .oved, ..cond.d by Co..i..ion.r Ha... and carri.d unani.oualy, that the followin9 It... under the Con.ent agenda be approv.d and/or adopt.dt .._.. Ite. 120 '1'RAVEL FOR U'1'ILI'1'IIS DIYISIOII PERSOWHIL A? MI IS'1'IMA'1'ID ,,"OUll'1' or $500 AIID PAYM&IIT OF COIISULTIIIG IIIGINEER SIRVICIS AT AN ,,"OUlf'1' IIOT '1'0 IXCIID $GOO, FOR A TRIP '1'0 TALLAHASSEE FOR IlIrORIIA'1'IOII '1'0 UPDo\TI THI COASTAL COLLIER COUNTY 20l FACILITIES PLAN It.. 121 AGRIDIDIT WIT8 Tal DEVILOPER OF RIDGEPORT PLAZA REGARDIIIG '1'81 IIITIRIM OM-II'll SEWAGI TRlATMIIIT 'ACILITIES TO BI COIISTRUCTID WIT8I11 THE PROJIC'1' - SUBJECT TO S~IPULATION S.. PagllS # J/, - 1-0 £' 1. The a~reement document is found to be leqally sufficient by the C~unty Attorney for acceptance by the Board. It.. 122 ACCIPTAllCI OF IIEWLY COIISTRUCTED WATIR FACILITIIS '1'0 SERVICI THI COURTSIDI COMNOIIS, PHABI I, WYWDEMIRI OR Book 1150, Pa9.. 1494-1514 Pa9. 27 :;;l .. r.:::2 -"""'>-~"."-"-"'"_"'"'-'"""""""',..~.~."...._", --."-,-.-------- ""-,_.,_...,¡."... .",~.""",.~,.,.".."-~,....".--.,,,. ;;ill GIiiJ Il::D Auqust l3, 1985 It.. 123 LllA8I AORIIIID"I' lOa lta5 rORD t'1IoftÞO noM TNtIMI roaD TIIUlIIlAt'1D . CAIt ALLOWMlCI AtLOCATlD III LUU or AlfMUAL LIASI PAY"an rOR U'l'ltln ADMI.. It. 124 lID .0. UI, JACK . 10Rl COM8ftUCTI0II FOR MARCO IStAIID "IDIU IRRIOATIOII - ANARDID TO J . R CAaLl C0II8TRUCTIO. III AMOUWT or $11.2", CONTINOnT UPOII ACCIP'l'MlCI BY MARCO IBLAMD BIAU'I'IrICA'1'IOII COMMI'1"1'11 Le9al notice havinq been published in the Naple. Daily News on July 15, 1985, .s evidenced by Affidavlt of Publication filed with the Clerk, bids were received for Bid No. 866 for jack and bore construction for Marco Islend Median Irriqation until 2130 P.M., July 31, 1985. -It.. 125 RILEASE OF SIDEWALK BONDS FOR LAKIWOOD UNIT ONE It.. 126 rIMAL SKTTL&MDIT raR RIGBT-Or-WAY COIIDIMNATIOII CASI, '82-0010-CA, COLLIER COUNn VB. GIORGI W. SHIPARD, JR., IT AL See PageS f.30· " 3.5" It.. 127 RATUICATIOII OF IM&RGINCY PURCBASI or RIPRAP rROM BUIDI CONSTRUCTIOII I. AMOUNT or .7,528.l9 rOR THE NAPLIS LANDrILL It. 128 RISOLUTIO. 85-174 AUTHORIZING IXICUTIOII or CONTRACT IlTHln rLORIDA DlR . COLLIER COUNTY rOR CONTROL or NOXIOUS AQUATIC PLANTS AT LAKI TRAFFORD S.e Pa,.. 4ofl- ~ It.. 129 IXTRA GAIN TIMI rOR IMMATE NOS. 35329 AND 45854 It.. 130 ADDIMDUM TO AGREE"EMT WITH OPHELIA ALLIN rOR HO"I MAINTENAMCI COURSI It.. 131 See Page 'fJ/l Baa'! PROGRM IlAllAGDlDIT MID ROSS/IBRlillDAJI'I'I CONTRACTS RI .JUSTICI CIMTIR IXPAII8IOII IXTI.DID '1'BROUGR 9/1/85 AT A COST or APPROX. $60,000 It.. 132 CQUIIT'f IlAllAGER TO AnDlD ICMA AIDIUAL COIIrlRDlCI I. PRlLADILPBIA, OCTOBIR 27-31, 1985 AT A COST or $1,148 aooc 08'8 PArol 401 Page 28 _".' .__......_..__-.....io -..-...............-,- .oolt 088 PAGt 402 It.. 133 MISCILLAMIOU8 CORRISPOHDIHCI - PILID AND/OR RIPIRRID August 13, 1985 There being no objection, the Chair directed that the following oorr.spondence be filed and/or refer rod to the various departments as indicated bel OWl 1. Copy of July 15, 1985, Certification of Compllance from Florida Department of Corrections addressed to William J. Kysar, Facilities Manaqer, re Collier County Justice Center. xc: Filed. 2. Letter dated 7/26/85 from Carlos R. Carrero, Engineer, Bureau of Coastal Engineering and Regulation, DNR, stating that DNR is considering a coastal ~onstruction control line permit for Bruce Green and Associates, Inc. for ~onstruction of a single-famlly resiðence located at 3860 Gordon Drive. XCI Mrs. Mullins, Dr. Proffitt, John McCord, City of Naples, Filed. 3. Letter dated 7/30/85 from Lonnie L. Syder, Director, Division of Beaches and Shores, DNR, enclosinq draft report entitled -A Primer on the Application of Beach and Coast Erosion to Florida Coastal Engineerinq and Regulation-. xc: Mrs. Mullins; Dr. Proffitt; Filed. 4. Memo dated 7/22/85 from Ted Forsgren, Chief, Bureau of State Lands Management, DNR, enclosing final version of revisions to the Aquatic Preserves Rule, to become effective on August 9, 1985. xc: Mrs. Mullins, Dr. Proffitt; Filed. Letter dated 8/01/85 from James H. Siesky, Attorney at Law, notifylng of intentional interference wlth prospective economic advantage of E. Naples Water Systems, Inc., The Glades, Inc. and Hubschman 'A..ociates. XCI Filed. s. 6. Memorandum dated 7/24/85 to Donald B. Lusk, County Manaqer from Fiscal Officer Giles regarding financlal statements for Fleet Management/Motor Pool for period ended 6/30/85. XCI Filed. 7. ~morandum dated 7/24/85 to Doug Greenfield, EMS Director, regardinq financial statements for period ended 6/30/85 fro. Flscal Officer Gl1es. xc: FlIed. 8. Letter dated 7/31/85 from Collier County Tax Collector's office for period of October 1, 1985, through September 30, 1986 the budqet summary by appropriation cateqory. xc: Ms. Zalka; FlIed. 9. Petitions received on 8/02/85 and 8/05/85 requesting special hearings on the redistricting. xc: ~n Lusk, Filed. Page 29 .:s - - .. .. G8i August 13, 1985 , 10. Letter dated 7/23/85 frò. Wayne Z. Daltry, swrRPC, requesting mOdification. to the ·Vineyard.- DRI Development Order, which was approved by the BCC on Hay 7, 1985. XCI Mr.. MUllin., Pall Bran9acclo1 'iled. .. .. .. .. .. .. Ther. being no further busine.. for the Good of the County, the meeting was adjourned by Order of the Chair _ Tim.. 12.01 P.M. BOARD OF COUNTY COMMISSIONERS/ BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL ..... ...ttM... CHAI.... CLERK .. I \ "" '. . " n·..~., .mi.np~es SIll II \\\ , as preSented ,C by the BCC -:In t:2"<e-r oJ..? l"..Pr..s or as corrected . .o~ DBa PArol 403 Page 30 ........ -'-'_._,_._...;,.,.........-...,_.~,.."~ ..