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BCC Minutes 06/18/1982 S _._,."'.....,~............"..., C ::;;J, . \._-J .. "'f"-.,..c \ I . , - - --- -- - -- -- - - - - - - - - - - - -- --- -- - - - - -- -- - -- -- N~ploD~ P1nrI1~, Jvn~ IP., 19~2 LET IT n£ REMEMOERED, thðt the Choirrnan having issued the call and tho CI~rk hðvlnq glvon due notico ðS prescribed by Ordinance No. ,75-lfi,' the Board of County Commissioners In and for the County of Collier met jn tPECI~L SESSION on this date at 9105 A. M. in Building wF- af the C<Durthouso Complex, Cast Nðplea, Florid,), with the following members prellQntl CHAIRM^NI C. R. -RUS9- Wiïncr VICE CflAIRMANJ MarY-Frðnc~n Kruse . .. . , \ . John A. Pistor f)ðvid C. Brown ABSENTI Clifford Wenzel ALSO PIŒSENTI Elinor M. Skinner, Deputy Clcrk, C. Wil1hm Norm.1n, County MðnagerS Kenneth Cuyler, Acting County ^ttorncys Irving Borzon, Utilitics Mðnðgcr, Mary Morgen, Supervisor of Elections, Chrin liof!;y, Adminlstrðtive Assistont, Neil Dorrill, Public Safety Admini3trator, Terry Virta, Community D~vclopMent Directors Grace Sp~uldinq, Admini- strative Aide to the Board, Attorney Donald Plckworths and Daryl Bailes, Project Manager, Polizzi/Heory. Pðg. 1 MO~ 069 PACE 2SB ---; .----- - -- - --- --·1: -- ..,....- -----..-:.-- --- ------- '...,..... , '. ~-~ ;~ .. I . , . . --..-------- - ------ ----------- - -- --- - ------- June 16, 1982 AGENDh - ~PPROVED WITH ADDITIONS Commi6sioner Pistor m~ved, seconded by Commisdioner Drown And carried unanImously, that the agenda be approved with the follo~ing additional 1. lA - Proclamation designating week of June 20-26, 1982 aa AmAteur Radio Week. 2. Discusg~on re areð around canal L-28 to be mad~ a conserva- tion ðrea. . , ~...... ..... 3. Utilities Managor's reque~t for dlscu~sion re hiring a land- scape ðrchitect for tho water treatment plant in order ~o obtain a hullding permit. PROCLkMATION DESIGNATING WEEK OF JUNE 20-26, 1982 AS AMATEUR RADIO WEEK - ADOPTF.D Following Administrative Aide Spaulding reading a proclamntioÞ- -- designating the week of June 20-26, 1982 as Amateur Radio Week, Com- missioner Pist.or moved, seconded by Commissioner Brown and carried unanimously that the proclamation be adopted. Mr. Guthrie Moore accopted sÞme with thanks and invited the Commissioners to the Amateur's Radio field days activities on June 26 ðnd 27, 1982. Page 2 òODK 069 ÎÄGE 2M) . -:"~r- ~- --: - - - - - --; - - - - - - - - -:-:-- -...."7'"' - - - - - -.- - - - -. - - - - - -- . . . I: '. . " ~ '. *" '.. .,... .. .' .', .' !' ~ .' '. ., .._....._..".,...~,..._~"""_...._"'."...,"'''''''''''.,., _ ....m..____~^.....,. ..,." :~- :.:¡ ,.. .l I . , " - - - - - __ - - - - __ - - - - - _._ - __ - _____ _""--_,.--_ - _____.--1 June la, 1992 FltiANCXAL PU.N FOR JUSTICE EXPANSION REVENUE BOND ISSUE AS PRESENTED D'l ~R. D~VID J. FISCHER, OF FISCHER, JOHNSON, ALLEN, ~ BURKE - ADOPTED Attorney Donald p!ckwClrth, as cOl1nsel for Colli or County for this bond i.sue, requested that the BCC consider t~e financial plan for the Justice Expansion R~venue Bond Issue. He explained that he and Mr~ Dan Liv~rmor., of Livermore, Klein, and Lott, would explain certain documents pertainjng to the bond issue. County Manager Norman aumnarized that on May 25, 1982 the BCC.r~ceiveda preliminary report . . . from the' financibl advisors /Sod authorized them to proceed with the necessary prograM and documents. He explained that the BCC needs to indicate a desire to usc a portion of the sales tax revenue to mðke debt service payments. He said stoff has been in continuous communi- cation with the appropriatc parties, during the pdst two weeks, a~d_ -- that on June 17, 1982 a meeting was held, during which staff reviewed the financial ad'¡isors' recommendations ðnd that ddjustments were made to reflect some u~known~, because the County budget has not been completed. He said that he believes a workablc program has resulted, I adding if the BCe agrees to issue the rcvenue bonds that adjustments can be made before the actuðl sale of thc bonds. Hr. David Fischer, of Fischer, Johnson, Allen' Burke, Inc. ~~~l~!~~d th~t Mr. Tobv Waqner, of Southeastp.rn Municipal Bonds, Inc., was present to respond to questions. Mr. Fischer reviewed the financial plan which would use the sales tax allocation for the bond 18SUO, adding that the firms' study shows that thi~ púrticular revenue has 9rown In Collier County ðpproximately 19\ and that in the State the Peg. 3 6(»( 069 ,~2.U- -- -- - - - - - - - - - - - - - -.....,. - -,- ---""- - ----- ---~ '. ---r: , ... ~. '-- ~'.... ..·.1. ,...,_..-.~..,._..._"........ <J / ./ ./// " -------------~_..._--------'~------------------ ~OOK 069 PACE243 June l~, 1982 ~le9' tax revenue has grown 12\. JI~. (:xpl-,ined that the state is using the guideline of 9\ and, therefore, in the finßnci~l plan undor di.- cU8slon 9\ has boen used, also. He explained thðt thAre would be two years of shortfall before an even cash-flow result3 that in four years there would be a ?lus side and that by th~ fifth year, in 1989, an estimated $1,000,000 may result. He explained the capitalization process for $1,000,000 for the bond issue, stating that two years would be needed to "build n system". lie said that, for the first two years, the interest would be incorporated in the amount of money needed, adding that this i5 ð conve~tional way of proceeding for a bond issue. He said his firm has designed the bond issue to be self-supporting. Mr. Fischer referrcd to his firm's plan entitled COLLIER COUNTY, FLORIDA CRIMINAL JUSTICE COMPLEX SALES TAX REVENUE FINANCING June 17-L- 1982 and explained the term debt service coverage from pledge funds. lie said, in order to have 11 strong bond issue /ind one that is readily ratable and insurable, his firm has given additional coverago and refcrred to the page in the aforementioned report entitled Cash Flow and Deþt Service Coverage Analysis Using (,0\ of Sales Tax Receipts. Responding to Chairman Wimer, Mr. Fischer said the program is flexible, in years to come, and if all the monies are not used. Ha said that the bond issue would not be affected, but rather the amount of money that would be loft. Chairman Wimer asked if tho hond issue could be reduced, to which Mr. FischJr, responded .Jffirmat1vely. . , , Commissioner Pistor exprcssed hIs concern regarding the miscel- laneous revenu~ which are fees charged for services such as building and zoning permits. He sald he felt the ace h,d to be very cðutious pag. " *4 _ _ _ _ _ _ _._ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _..._ _ _ _ _ _.._ ___ ~~~.] <. - ,"",1 c . , :tJ1---- _____ __ - - - - - - - -- - - - - - - - __0 - - - - - --- - -- - - --" JUlia 18, 1982 because the budgøt i8 plð~neð with th08e fees alroady comm1tted. »e - ._- - - .---.- . wonðera~ if there was any way to cov~r this bond issuo plus normðl' building improvements with ðn income from the fecs that mðy be con- alderably lower due to economic conditions. Mr. Fischer descrlhœJ how the County w~uld address a situation if a shortfall occurred, addin9 that the needed money could como fro~ the resarve fund or from budgeted .oney in various County funds. County Manager Normdn noted that L:ollateral is used for back-up. He said' h. ~and 'Chief Deputy Clerk Hall have some ccncerns becðuse, with the millage cap built into the sales tax lðw, there may be some limitations. He rcferred to the explanation of Mr. Fischer's as an insurance policy which ennbles him to recommend that the BCC proceed with the bond issue. Commissioner Kruse said she has a problem with capitalizatio~- She referred to the need for operðtional cost~ in two years and said qhe did not want to see the BCC considering using monies and then next year having the o¡:>erðtional costs Wsky-rocketW and having to raise the fees. She said she would rl'lther Wcut the budget-. Mr. Norman said that the limitations of the sale tax and property taxes are known and what i8 being done is -loosening the knot- in terms of the first yeðr. Mrs. Kruse said she would vote for morÐ cuts in th~ budget. Commissioner Pistor expressed his concern regarding information that Mr. Hall has given to him indicating that the Federal Revenue Sharing for Collier County will experience a 2\ decrease this year. He SAid thðt if tho soles tðX increases and revenue sharing decreases the County is in a state of flux. He said there is a minimum to which the Building Department can bð reduced, since there Is a need for Inspec- Page S MOK 069 PAéE.2« - - ----; -:-- - - - ----- - -----:;----ç:-:.:------~..- -------~- ----,. \, ",I. . . > /' / ¡-----------~---------~~----------------- oj' ,., ,., June 18, 1982 . .~O·Ot 069 ~ACE.Z46 tors and, if the fees drop, that tho COIJnty will not have excess money. He said hc f&lt the BCC should be cautious in counting on sales tax money beC8usa the County will have to wf~ll inw in case the tax money doos not result in the amount that is anticipated. Commisßiol\er Kruse stðtcd for the record regarding the ';)ond issuo, that i[ tho sales tðX revenues drop, the County could stop building the jail. Mr. Fischer said that, onco the bonds Ðre sold, the County is Wlocked into itW but,within thc next two months, until the closing ~t the bond sale, thðt ch~nge~ could be made in the plan. Chairman Wimor stated if there are othe. figures which the BCC does not know before the closing of the bond issue there would be time to reconsider and that the decision todðy is wkeeping the process movingw. During a short discussion, Commissioner pistor said that he felt the BCC should proceed as the construction cost~ and interest rates are ðS low as they will ever be. Commissioner pistor moved, seconded by Commissioner Brown ðnd carried 4/0, that the finðncial plan for the Criminal JU5tice Expansion Revenu~ Bond Issue as presented by Mr. D~vid J. Fischer, be adopted. BACHE HALSEY STUART SHIELDS, INC. DESIGNATED AS INVESTMENT BANKER FIRM RE FINANCIAL PLAN fOR CRTMINAL JUSTICE EXPANSION REVENUE BONDS Mr. David Fischer noted that the present ~ðrket conditions are chaotic. He ðsked that the BCC consider the firm of Bache Halsey Stuart Shields, Inc. as tne i~~estment bankers for the bond issue plan just adopted. Commissioner pistor moved, seconded by Commissioner Brown and carried 4/0, that the firm of Bache Halsey Stuart Shields, Inc. be designated as the investment underwriter firm for the financial plan for the Criminal Justice Expansion Revenue Bonds. pa q e 6 .. - - - - - -- - - - -. - - - - - - --- ---- - ----- - - ..---- --- -- ---, ~~ --......... - _1 '~t'·1~...., . .......-J . , ., -----.. --------.------------ - , ~ _,______________.J June 18, 1982 EMERGENCY DECLARF.DI ORDINANCE 82-47 RE THE ACOUIS ITION, CONSTRUCTION, IMPROVEMENT 1\ND EOUI PPJNG Of" COUNTY C^PITAL PROJECTS, AUTtlOf1 IZ HJG ISSU~NCE OF REVENUE BONDS BY COUNTY PAYABLE FROM ^NY FUNDS OF THE COUNTY DERIVED FROM SOURCES OTHER THAN AD V^LOREM TAXATION AND LEGALLY 1.VAlLABLE FOR SUCH PURIOSE M~:: TO FINANCe THE COST OF SUCH PROJECTS - 1.DCPTED 1.ttorney Donald Pickworth explained the emergency provision of the law authorizing the Bce to issue Capital Improvemont Bonds, adding thð~ the ordinanr.e was drafted so that it would become effective thin date and, assuming the BCC adopts the ordfnance and ~hc bond resolution, , ...", '", which will be effective this date, he proposes to file a complaint for the bonds this afternoon. He re-emphasized that the plan can be stopped up to the actual sale of th',", bonds. He said that sinco the Supreme Court decision regarding Vol usia County w~s not made until June 10, 1982, it was not po~sib:e to have produced a financing plan or bond ..... -' r.solution without that case because no one knew what the Supreme Court decision would be. Commissioner Pistor moved, seconded by Commissioner Brown and carried 4/0, to declare that an emergency exists and that the ordinance as numbered and entitled below, be adopted and entered into Ordinance Book No. 1~: ORDINANCE NO. 82-47 AN EMERGENCY ORDINANCE RELATING TO THE ACQUISITION, CONSTRUCTION, IMPROVEMENT AND EQUIPPING OF COUNTY CAPITAL PROJECTS OF COLLIER COUNTY, FLORIDA: AUTHORIZING THE ISSUANCE OF REVENUE BONDS BY THE COUNTY P~YABLE FROM ANY FUNDS OF THE COUNTY DERIVED FROM SOURCES OTHER THAN AD VALOREl~ TAXATION AND LEG^LLY AVAI LABLE FOR SUCH PURPOSE, TO FIN~NCE THE COST OF SUCH PROJECTS: DECLARING AN EMERGENCY TO EXIST SO AS TO NECESSITATE IMMEDIATE ENACTMENT OF THIS ORDINANCE AND PROVIDING AN EFFECTIVE DATE. MOK 069 rACE 2A6 pago 7 ___ __ _. _ _ __ ___ __ -.. --T ~~ --,~~ --.,..-- -- -- --."--"---- --- -,' ~ ',. .;... " I. ---...--.,.....".'" " // " ' ~ . --------------------- ~- ----------------- MOK 069 PAC( U7 June IB, 1982 RtSOLUTION 82-74 RE CAPITAL ~MPnOVEMENT BONDS FOR CRIMINAL JUSTICE COMPLEX, LAND l\COUISITION AND CONVERSION OF OTI1ER FACILITIES FOR RESIDENT TREATM~NT OF ~LCOHOLICS IN THE M~XIMUM AMOUNT OF ~35,000,OOO - ADO~TED Attorney Donald picKworth introduced bond counsel Mr. Dan Livermoru, of Liv~rmore, Klein and Lott of Ja~ksonvi1le, the firm designated at the BCC meotiny of May 25, 1962. Mr. Livermore explain~d the resolution regarding the capitai improvement bonds has be~n typed once but that it has not been retyped to roflect the adjustments reached in the meeting with ntaff June 17, 1982. He said tho resolution will ~e typed with the necessary changes as the Comrnissioncrß have bofore them. He said that the Capital Improvement Bonds ~re for a three-part project, the Criminal Justice Complex, the land acquisition for future expansion and the conversion of other facilities for resident treatment of alcoholics in the maxi~um t authorized amount of $35,000,000. lie explain~d that he is asking for authorization for more than the previous figure in the event that the interest rates may go up, adding that th~ bonds would be Bold fQr only the affiount needed at the time of the bond closing, and that the balance _.. would ~c cancelled. He said the pledge for the bonds is phrased as all of thc non-ad valorem revenues which ðre budgeted in the County General ru~d ~~~~r ~~r~r~n~ ðccountinq principles, which include the sales tax revenues as they "come in the ,ext budget year·, and include the normal items in the General Fund, most of which are leg~lly available for expenditures for those" purpo'8fl~.· Mr. Livermore said that type of pledge was the subject of the aforementioned Volusia County decision, which concluded tha~ the bonds in Voiusia County required an election under the constitution, because it amounted to an indirect pledge of ad val~ram taxation. He explained that case is difforent from the situðiion in Collier County because, in Pac¡ e IS . - - - - - - -- - - - - - - - - - - - - - - - - - - - -- ---- -- - - ---- ~ .-.._---,~,....,,~"'..__...,,-,... ------, ...........-.1 I o . , the Volusi~ County bond resolution, there was a commitment to the bond holders to take all lawful means availahle to the c~unty to insure that there wa. enough non-ad valorem revenue sources to pay the bonds in .li ovents. Ho said that the Court felt that meant the bond holder could come in and compel Volusia County to levy taxes to continue the act- ivities that generðte the rogulatory fees and users' chargeD. He Bald there is a specific disclaimer against doing that in this resolution which says thðt, in no event will the County ever be required to levy . , . \ . taxes to· continue any activity th~t generates a regulatory fee or service charge, and that Collier ~ounty specifically reserves the right as agaInst the bond- holders to reduce the level or continue any of the activities that produce regulatory fces or service charges. He oxplained this is a new provision that has not been seen by the co~~t ...- system. He 5airl there are also provision~ for issuing additional bonds in the future should Collier County have a need for more. He said there is a commitment that the County will do everything which it cðn legally do to ensure that the County will continue to r~ceive the sales tax revenues to guarantee that portion of non-ad valorem revenues. Commissioner pistor requested more clarification regarding the recently increased building perMit fees and whether the County would be prohibited from afother increase should the need arise. Mr. Livermore stated that the C"unty would continue to have the power to increase, decrease, or eliminate the rôte of the building fees under the resol uUon. Commissioner Plstor moved, seconded by Commissioner Brown and carried 4/0, that Resolution 82-74 re the Capital Improvement Bonds for the Criminal Justice Complex, land acquisition and the conversion of other facilities for resident treatment of alcoholics in the maximum amount of $35,OOO,COO, be adopted. MOK 069 PAtE248 Page 9 '----·-----------·----c· - -'-,- - - - - - -------- --- --,. , . "', '.. ~oÌI " I. -.-......,..,... --I :-~r'j'l I ^ . , .. - - - - - - - - -- - -- - - - - - - - - - -- - - - - -- - - - -- - - - ...- - - -.... June 18, 19A2 RESOLUTION 62-75 RE NE.'W PRECINCT BOUNDJ\RIES AS PRESENTED BY SUPERVISOR OF ELECTIONS AND ^TTORNEY PICKWORTH - ^DOPTED ^ttornoy Pickworth saið, pursuðnt to thft Florida Statut.os, that the process for the change of tho voting precinct boundðr1es inv.olves the responsibility of both the Supervisor of Elections ðnd the BCC. He - explained thðt the Superviscr of Elections iø responsible for dolln- eating the precinct boundaries when changes ace nocessory in accordðnce with certain standards relative to, compðctness in accordance with the . ..... '" Statute and that tho BCC by affirmative action of four members endorses those changes and the boundaries become effective upon adoption of the resolution. Supervisor of ElectIons Morgan explained the theory behind the boundary precinct dellne~tlon and explðlned thðt, with the help of the Planning Department, geccode units have been created and a geocod~ number for each voter haG been assigned based upon the actual resi- dp.nce, addIng there 15 a heðd tally by geocode ,Hoa of the registered voters in e~~~ block. She explained that it was hoped to place 600 to 800 registered voters in each geocodo area. Mrs. Morgan referred to , the delay due to the Stðte only reccntly UnIshing the reapportionment plan, ðnd said that, as ð result of the delay, the boundaries within ,he City of Nðples and Marco Island are not complete. She said there is a problem with Mðrco Islðnd because hcr office has been unable to confirm addresses for some of the people there. She said in changing the boundaries there will be additio~31 precincts from 36 to 54, adding thðt Golden Gate, now known as precinct 17, will become four precincts partly mandated due to the chang~ in tho congressionai boundaries. Commis&ioner Pistor moved, seconded by Commissioner Kruse and carried 4/0, that the new precinct boundaries, as prepared by the Supervisor of Elections, be adopted. ~OOK 0ð9 PAcr278 - Page 10 -,,---- --------- --- -- --- --- -- -- --'~--- --------' . '. " 1 .1~ " ~ : .. -~,......_~....."~.... .",-". ~"".".''''-'''_.'''<'''.'..' --, / .¡ , ,.'. . -------. . . . ~ _ _ _ _ _ _ __ _ _ _ _ __ _ _ _ A-.o _ _ _ _ _ _ __ _. "'--'- -'---.-- ~OOK 069 PAr,E 299 Juno 18, 1982 RESOl.UTION 82-76 RE BCC TO AUTHOHIZE THF: HOUSING FINANCE AtrrIlORITi' OF L~E COUNTY TO OPER^TE WITHIN THE BOUNDARIES OF COLLIEn COUNTY, ^ND THE HOUSING FINANCE AUTHORITY OF COLLIER COUNTY TO ENTER INTO AGREEMENTS WITH THE HOUSING fINANCE AUTHORITY OF LEE COUNTY IN CRDER TO PROVIDE LOW INTEREST MORTG^GES FOR SINGLE FAMILY HOUSING IN COLLIER COUNTY - ADOPTED Attorney Donald Pickworth referred to a memorandum he sent to the Commissioners regarding th~ Housing Finance Authority, with a resolu- tion attached, that he asked tho BCC to adopt. He briefly explained the changes which have been made by the Internal Revenue Service providing for mortgage revenue bonds, and the limits on the amount of bonds which can be issued in each state, adding there is ð formulo for calculating the amount. lie explained that Collier County has been granted 3.9 million dollðr~ in said bonds and that certain costs are fixed in processing them. He explained that Lee County hl'.s been given approximatelv 10 million dollars a~d Charlotte County just ov~r 2 million dollars in honds. He said to achieve the best use of the monoy, the Collier County Housing Authority determined to have the Lee County Hous1~g Authority validate the bonds and the resolution allows that Au.;hority to enter Collier County for the purposes of issuing Collier county's J.Y million dollars in housing bondö. He explained that the Lee County Housing Authority would not be allowed to enter . Collier County unlcss the govcrning body authorizes it, adding that in no way is the amount of mo~ey availoblo to Collier County rcduced noe will the Lee County Housing Authority be ðlloweû any discretion over '. ~..., the program in Collier County. ChaIrman Wimer asked why. the exact figures w~r~ not used in the resolution, to which Mr. Pickworth responded that t~e resolution simply states that Lee County will be able to Ðnte~ Colli~r County and that Lee County will not be able to issue more than what they re~eive. He explained that several weeks ago the State mand3ted that everybody had to validat( their bonds, addinq Pl!lq. } 1 - - --, - - - - - - -- '"'- - - -- - - - - - - -- -- - - -- -- --- - ---,...-- í---" ......_J :=~~:J I - ................-) ....._ -.... - __ - __ - - - - - - - - - - - - - - - - - __ - - - - - - - - - - - __ - __0 -: <_.--....~_..."""^'.".,<.,,-"',...,,,." . " . , June 111, lIJR2 that no ex~ct figure has been placeð in the resolution because thore i. . possibility that more funds than the 3.9 million will be available. He ..ið there 1. exp~ctation that th. State will be isaulng a re-allocation of funds. Respond1ng to Commissioner Pistor, Mr. Pickworth expla1ned that this resolution protects Collier County fu}IY1 Collier County has the discretion of using the funds1 and that the County cannot be put in tne position of helping to finance ho~sing in the other counties. '" .".... ComMissioner Pistor moved, seconded by Commissioner Brown and carried 4/0, that Resolution 82-76 authorizing the Housing Finance Authority of Loe County to operÐte within tho boundaries of. Collier County, and authorizing the Housing Finance ^uthority of Collier County to enter into agreements with the Housing Finance Authority of Lee .;;.-- County in order to provide low interest mort9ðges for single family houalnç in Collier County, be adopted. ~oo~ 069 PAc£300 Pac;¡' 12' -----------------~~-~~---.--~·_-~----------'I: '0· '.~ ,I ,. ,..,..._,.~,->"-<".._........",,,,,,,,.,^.~ /' ,/ 'I ...', 'I .- -..- - ------ - ----- - -- -- --- --- ----..----- - -- -- ------ Juno 18, 1982 . &OO~ 069 fACE 303 SUPERVISOR Of ELECTIONS AUTHORIZED TO EMPLOY TEMPORARY ST~FP' TO VERIFY PETITION SIGN^TURES FOR NOVEMBER O~LLOT QUESTIONS Thore being no discussion, Commissioner pistor moved, seconded by Co;.,miaslonor Brolln and carried 4/0, that the Suporvisor of Elections be authorizod to emplcy temporary staff to verify petItion a1gnatuf8s for the November ballot questions. AMENDMENT TO FUNDING AGREEMENT WITH DER FOf{ THE GOLDEN G^TE ESTATES INTERIM ACTION PROGRAM, TO EXTEND DEADLINE FROM 6/30/82 TO 4/30/83 - APPROVED IN THE AMOUNT OF $70,000 Public Works Administrator Barksdalo referred to the Exer.utive Summary dated 6/3/82 requcsting BCC approval of an amendment extending the Agreement with the DER for $70,000 funding participation of the Golden Gate Estates Interim Action project from June 30, 1982 to April 30, 1983. Commissioner pistor moved, seconded by Commissioner Brown sod carried 3/1, with Commissioner Kruse opposed, that tho amendment to the funding Agreement with tho DER for the Golden Gate Estates Interi~ Action Program to extend the deadline from June 30, 1982 to April 30, 1 98 3 , -~ e a p pro v e din the ð mOl' n t 0 f $ 7 0 , 00 0 . As this was Mr. Barksdale's last presentation while in tho employ of Collier County, Chairman Wimer wished him good luck and stated that he would be m~s3ed. , ... . Page 13 . - -.. - - - - - -' - - - - --- - -- - - - - - - - - - - -- - - -- - - - - ---- . . --'-'.'''''''-'-- / // / / - - - - -- .-- -- to ,.:': . -- - -- - -~. - - - - - - - - - - - - - - - - - - - - - - - .---- ~OOK 069 PACE 50S ,Juno 18, 1982 ····RECESSI 10100 ^. M. RECO~ VENEDI 1010\3 A. M.···· HOGG, ALLEN, RYCE, NORTON, AND BLUE, OF TAMPA, FLORIDA ~UTHORIZED TO ~PPEAL THE RECENT PERC RULING RE A BLUE-COLL~R BARGAINING UNIT, ^ND FURTHER, TO ASSIST THE COUNTY IN COLLECTIVE BMlGAINING ^ND CONTR^CT NEGOTIATIONS AS REQUIRED Administrative S&rViCeR Administrator Smith roferred to the Executive Summary in the agenda package regarding ð r~commendatlon from tho County's legal consultant o~ collective bargaining matters to the effect that tho County appeal the PERC ruling as set forth in their order number 82-E-084 Issued March 19, 1982, in reference to Caso number RC-OI-051. Thcre being no discussion, Commissioner Brown moved, seconded by Commissioner Plstor and carried 4/0, that Hogg, Allen, Ryr.e, Norton, and Blue, of Tampa, Florida be authorized to appeal the recent PERC ruling re a blue-coll~r bargaining unit, and further, to assist the County in collective b~rgalnlng and contract negotiations as required. REPORT RE AÞPRAISING NAPLES C^Y PROPERTY RECEIVED: STEWART & STEP~AN, INC., LOW BIDDER IN AMOUNT OF $1,750.00, AUTHORIZED TO APPRAISE THE NAPLES CAY PROPERTY WITH 30 DAY DELIVERY -" County Manager Norman referred to the Executive Summary in agenda of this date and requested that tho Bce give favorable consideration to the need for a specific land purchase cost Information tor the purchase of the Naples Cay Property (approximatoly 30 acres) under the state's .Save our Coast" grant program, and to provide 11\formation needed for '. .. the November 2, 1982 G.O. bond issue referendum to cover the' County's share of said project. He stated that the firm of Stewart' Stophan, Inc. was the lowest bidder with an appraisal response In the ðmount of $1,75Q.00 with 30 day delivery based on ~taff's orlginðl instructions to appr.ise the subject property from three zoning clas9ii¡~~tlons. Chairman Wimer exp1aln"d he had a moeting, on a separate aubj~ct, with paqe 14 .-- - - - - - - - - -- - - - - -- - -- - - - - --- -- --- - - ~ -- - - - --- -'''----.."...".,,,.,,,., h:::1. -...--- - ) I ........., ......~~.~ t , - -- - - - - - - - - - - - - - - - - - - - - -.. - - - - - -- -- - -- - - .-' June H3, 198' the Nðples Cay principals and that they nad no objection to this action. Commissioner pistor moved, seconded by Commlssi~n~r Brown and carried 4/0, thðt the report re appraising Naples Cay property be received and the fir~ of St~wart , Stephan, Inc., low bidder in the amount of $1,750.00, be authorized to ~ppraisÐ the property with 30 day delivery. RESOLUTION 82-77 EST^BLISHING A ·CONSE~T AGLNDb· AS A REGULAR PART OF THE BCC MEETING ^GEND^ .. ADOPTED ... . . . County Manager Norman referred to the proposed resolution in the agenda wh ich 1 i sts. the k t nds 0 f items tha t could be grouped 1n a -Consent !\gendc· which would expedite the ace agenda, adding that he had tried to include general items of routine matters. Commissioner Pistor said he had problems with the list of i~;~ to be placed in the ·Consent Agenda- such as excavation permits, bids awards ðnd change orders over $2,000, CETA and other grant contract modifications, adding he was not sure thos~ grant contracts could be delegðted to others. Chairman Wimer explained that the ·Consent Agendð- would not delegatc any authority to anyone other than the BCC, adding that all the bac~-up material will be included in the agenda as i~ presently distributed and that any Commissioner can request thðt a controversial item be pulled from the ·Consent Agenda· for full dis- cussion. Mr. Norman explalnéè that he meets with stoff prior to the BCC meetings a~d that any controversial items would b~ included in the regular agendð. Commissioner Brown moved, ceconded by C~mmlssioner Kruse and carried 3/1, with Commissioner Pistor opposed, that Resolution 82-77 e.tablishing a -Consent ~gendð· ðS a rcgulðr part of the Bec meeting agenda, be adopted. ~OOK 009 PACE 306 pa 90 1 ~ t ---.--------------~~-~~--~---:------------~ 't: " , . \. ,..1,.... " .. -.-. ,_..__··,,··.._'_.._r""~ " // II'" ,.' .'. i___________________·~_~,~_______----____~__ _ ~OOK 069 PACE 909 Junú 18, 19R2 COUNTY WATER-Sf.WER DISTRICT - EAST N^PLES SEWER (SOUTH 1/2 ~RE~ ·e"') I WATER QIJ!\LITY STUDY - WI1'IIDR!\WN FROM AGEND^ CQmmissioner Kruse moved, seconded by Commissioner Brown and carried 4/0, that the item regarding the County Water-Sewer District _ East Naples Sowe~5 (South 1/2 ðroa .BW) water quality study be withdrawn from the agenda. STUDY OUTLINED IN D~. RUTH TII 0:-1 AS ' PROPOSAL DATED JUNE, 19B2 - AUTIIOR- IZED IN THE AMOUNT OF $7,200; UTILITIES MANAGtR BERZON STATED FUNDS ARE AVAILABLE IN HIS BUDGET Utilities M.1nagflr ßerzon referred to the Executive Summary dated 6/8/82 and requested authorization for a work and method study of the Utilities Division Offico proc~dures to be made by Dr. Ruth Thomas, adding he has waIted one year for her to be available to perform such a study. Be said that the amount of $7,200, $1,200 for a preliminary' study and $6,000 for a systems study, if warranted, is alr~ady avail- able in his budget. Commissioner Brown moved, 8econded by Commi5sion~r Pistor and carried 4/0, that the aforementioned study by Dr. Ruth Thomas for the ~ Utilities DivisIon, be authorized In the amount of $7,200, which is in the Utilities Manager's budget. UTILITIES MANAGER AUTHORIZED TO OOTAIN LANDSCAPE ARCHITECT FOR LAND- SCAPE PLAN RE WATCR TREATMENT PLANT Utilities Manager Berzon explalned he was unaware that a landscape '..... , architect was needed to draw ð plan for' the water treatment plant in order to obtaIn the building permit. lie requested approval of no more than $5,000 to be spent for a plan and specifics which would not includé any follow-up work at a later date. Commissioner Kruse ques- tioned the proposed ðmount ðnd Cha i rmar. Wimer noted that, on advi::. from the attorney, the landscðpe architect needs to be able to 9ive ~pert testImony l~ter. Mr. Berzon explained that the proposal 1. to Pa9. 16 ·r--------~------~--------------~-------- ...----~ , I ,. ,.j ..--.- - .. I t , - ------------------------.---.. June 1£1, 1982 dftvelop a landscðpc and irrigation plan according to County ordinance for property 35 feet wide an~ approxi~ately one mile long and to develop a plan that can be used ~o accommodðte a law3uit in August to øatlsfy the adjaceni ~roperty owners th~t the' water plant will be obscured from their visi~n. Commissioner BrO~l moved, soconded oy Commissioner Kruso and carried 4/0, that· tne Utilities Manager be authorized to ob~aln a landscape ar~hitect for a landscape plaIT rc: the'water treatment plðnt in order to obtain a building permit and to satisfy adjacont property owners that the plðnt will be obscured from their vision. A short discussion en~ued during which Chairman Wimer suggested that Mr. Berzon investigate an independent landscðpe architect, adding that it is acceptable to the Building Department but he did not k~w if that would be ~cceptable to the County Attorney. 5500,000 IN CAPITAL IMPnOVEMENT FUNDS TENTATIVELY COMMITTED FOR USE TO AID IN THE PURCI!^S£ Of THE NAPLES CAY PROPEnTY, FUNDING THE DEPARTMENT OP NATURAL RESOURCES ~CTION ON THE -SAVE OuR COAST- PROPOSAL , County ~nager Norman referred to the Executive Summary dated 6/14/82 and explained hIs conversation with Community Development Dlr8ctor Virta ~egðrding an effort to improve the County's position in the ranking of proposals to the Florlda Department of Natural Resources (DNR) wSave Our Cnast- Program Selection Committe~. He explained that 5400,000 has been proposed to be used for site improvements on the Pelican Bay portion of the park ðnd that an additional $100,000 hðs been designated in the Capital Improvement Budget (CIS) for beach Access. He said that S~OO,OOO could be used 3R the Board's int~nt to plovide locðl financial participation 8hould the County's proposal for the purchase of property (Naples Cay) be accepted by the State DNR. ^ short discussion ensued during which Mr. Virta soid that ataff contact with the DNR has indicAted that if a cash match i. made, at ~oor. 069 PACE 310 . ~ Page 17 ~(~ _ ~ _..'_ _ -,- -- - - -. - - - - - - - ~ ~ -- -: ~~ - - - - - r.-; ~ - - - -- - - - - - - -- t~ . ' . ----"'...----.."., '.-'.......................--,-. @ ~ // ., _ _ _ _ _ _ _ 0_ __ _. _._:"_ _ _ _ _ _._ _ ~L _ _ _ _ __ _ ___ ____ _ ___ &OO~ 069 PAcrS11 June 18, 1982 this point, the Department would vie~ tho situation in a more fav~rable I Jght. Commisaioncr Pistor moved, seconded by Commisaioner Kruse and carried 4/0, that $500,000 in capital improv~ment funds be tentatively committed for use to aid in the purchase of the Naples Cay property, pending the Department of Natural Resources action of the wSave Our Coast- Program Selection Committeo. CO~MUNITY PARKS REFERENDUM P~ACED ON TJ!E SEPTEMBER PRIMARY BALLOT Commissioner Plstor moved, seconded by Commissioner Brown and carried 4/0, that the BCC accept the recommendation of the Supervisor of Elections and the Director of Parks and Recreation that the Community Park referendum be ,1uthorized to be placed on tho September ballot. STAFF INSTRUCTED TO ."IOVE FORWARD TOWARD CREATING ^ CONSERVAnON AREA ALONG THE L-28 CANAL AND TO PURSUE THE FEE EASEM£NTS RE SAME Administr~tive Assistant Chris Holley explained he has received a memo to research the creation of a conserv~tion area within the ease- -.. ment ·of South Florida Water M~nagement District, approximately 200 feet on each side of ~anal L-28 for a distance of ten miles thr~ugh Collier County. He explained that staff has h3d som~ probl~m~ with access to the canðl and that he has worked with Mr. William C. Brannen, Directori Department of Field Rese,Hch, SFWMD, regarding the .$ubject. Mr.' Hol1~y said Mr. Brannen has n~ ~robl~~ ~ith creating the conservation area but the main prchlem i~ with the property rights. Mr. Holley referred to the proporty owners and explained there may be a problem of enforcement which'would be under the domain of the Fresh Water Game and Fish Com- mission.. He explained there are perpctl'al oð!:ements, which the SFWHD holds on the canal area for maintenance purposes, and fee easements, .which would be roqulred in order to create a conservation area. H. pag_ 18 , - - - - - - - -.. - -- - - - - - - - - -- - - - - - - - - - - - - - - - - - - ...,,.-..... .__'"A'''·~'''~·.''"·'''_''.''' ,..-- . 1-......,. j ....--- I I ................_<11 I . , - - - -- - - - - - - - -.- - -- - - - - -_. - - -- - - - - - -- - - - - - - -- Jung 19, 1ge2 atated that tho fee easement rights wore withhold by the property ownera with tho pnrpetual easements given to the SFWMD. He explained that Florida Statute Chapter 704.06 does allow ð conservation area to be created but~ accordi~g to the West Palm Beach Property Manager's office of tho SFWMD, the County would need to gain fee easement approve.l. Commissioner Brown moved, seconded by Commissioner Pistor and carried 4/0, that staff move forward toward creating a conservation .., ~ "~ '" area along the L-28 Canal and to pursue the fee easeme~ts ro same. . . " * " . . Thcre being no further b~siness to come before the Board tho ~eetlng was a~journed at 10:29 A. M. by order of the Chair. .;- 80ARD OF COUNTY COMMISSIONERS/ BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL ~ {¿W . c. R~~ S ;c W M~ .J111y 1 ~, 191'2 the BCC on as presented or as corrected x MDK 069. PACE 312 Page 19 -- -:-- - - - - -..-. - - - - - -- --:--...~ -;;,- - - - - -.....- -..- - - -..- -- - - - _... " . .. , ',' ~..- ,.....