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BCC Minutes 08/03/1993 R Naples, Florida, August 3, 1993 ..-~-... LET ~T BE REMEMBERED, that the Board of County Commissioners in nd for the County of Collier, and also acting as the Board of Z¢~ntng Appeals and as the governing board(s) of such special districts as i'have been created according to /aw and having conducted business i~:herein, met on this date at 9:00 A.M. in REGUL~R SESSIOI~ in Building of the Government Complex, East Naples, Florida, with the Jfollowtng members present: ALSO PRESENT: CHAIRMAN: VICE-CHAIRMAN: Burr L. Saunders Timothy J. Constantine John C. Norris Michael J. Vo]pe Bettye J. Matthews Dwight Brock, Clerk of Courts; John Yonkosky, Finance Director; Annette Guevin and Sue Carney, Recording : Secretaries and Ellis Hoffman, Deputy Clerk; Nail Dorrill, County Manager; William Hargett, Assistant County Manager; Ken Cuyler, County Attorney; David Wetgel, Ramtro Manaltch, Richard Yovanovtch, Heidi and Martha Howell, Assistant County Attorneys; Frank Brutt, ~0mmunity Development Services Administrator; George Archibald, portation Services Administrator; Fred Bloetscher, Assistant ':i. Utilities Administrator; Tom Olliff, Public Services Administrator; Greg Mihaltc, Affordable Housing Director; Tom Conrecode, Ca~ltal projects'Management Director; Mike McNees, Budget Director; Paul Brigham, Court Administrator; Ed Gehrtng, Building Review & l~ermit · Director; John MadaJewski, Project Plan Review Manager; Ken ]~aginski,~ Current Planning Manager; Stan Litsinger, Growth Management Section .:.~ Chief; V/ad Ryzlw, Transportation Engineering Project Managel.; Tom Kuck, Transportation Capital Projects Manager; Russell Shree%,e, j'Housing Program Analyst; Jeff Perry and Diane Holling, Planners; and Sue Filson, Administrative Assistant to the Board. August 3, ~9~3 'Commissioner Norris ~oved, seconded by Conissionsr Vol~e ~nd ~arried=nani~l¥, to approve the agenda with the chugs8 a8 det~l~ ~ tho ~en~ Chugs Sheet ~d with the roll.lng additio~l c~: Discussion regarding whether public hearing on animal research may be continued to the meeting of August 24, 1993 - Added under Board of County Commissioners' Communications Discussion regarding Land Management Plan for Barefoot Beach Preserve - Added under Board of County Commissioners' Communications Update from Co~ty Attorney Cuyler regarding meeting sche- duled for this week with Matthew Tari - Added under Board of County Commissioners' Communications Pa{;e 2 August 3,. 199~ The motion for approval of the consent agenda is noted under Item ,(28e)--. .OF TH~ R~GULAR~TING O~ JULY 20, 1993 - APPROVED :i C°~taetoner Norris moved, seconded by Co--teatoner Con~,tmnttne ·nd carried ~tm~sly, to a~rove the Minutes of the Re~l~ ~ttng 0f ~ly 20, 1993. A~S - ~S~D )resented their service awards: Don K. Jeffery, Parks and Recreation Doylene Matron, Long Range Planning Carol Cox Fredlund, Development Services John R. Contt, Code Enforcement Commissioner Norris congratulated the following employees and - 5 years - 5 years - 5 years - 5 years (300) PUBLIC SERVICES DIVISION, RECOGNIZED A~ BINP~OYEI OF ~"FORAUGU~T, 1993 Commissioner Matthews congratulated MaryAnn Caseres, Public Services Division, for being selected Employee of the Month for , 1993, and presented her with a plaque and $50 cash award in JIM~IDM~NTS 93-399, AND 93-402 THROUGH 93-405 - ADOPTI:D Commissioner Volpe aoved, seconded by Conleetoner Norris and : ~lt:[~:mlml¥, to adopt Budget Amendments 93-399 and 95-402 , Page 3 ~" .,: F. 80AVE, INC., GRANTID BIX-HONTH EXTIN$ION ON BUILDIN(] PIRMI?8 A 52 UNIT AFFORDABLE HOUSIN0 RENTAL PROJECT IN (tOLDEN (~IATg Frank Brutt, Community Development Services Administrator, explained the developer has been attempting to obtain low income '.hOusing tax credits, and has informed Staff that has now b(~en ~;~accomplished. He noted the Board has in the past granted extensions ?]':iSuch as this request when there is favorable movement by the developer i(i;for completion of a project. )i/-..:. Louis Moore, owner of the project, informed that this project was lled'.in the process of attempting to receive tax credits, followed ~bY.idelays in receiving bank financing. He said this is planned to be ,A~.an affordable housing project and they have asked for no concessions J'ifrom the County. In.response to Commissioner Volpe, Mr. Moore indicated a six-month ![.~e~t'enston is satisfactory. C°~tNtonsly yelps moved, seconded by Co.missioner Norris ~d r'~ 'c~ri~ ~imly, to ~t ~ extension of the ~tldtng ~r~tt ~rm 9S-4666, 92-4667 ~d 92-4668 for slx aonths. (~) '~qUEST. FRO~DELTONA CORPORATION/BARFIELD BAY RE FILLINa ~ CLEARINa .~OF LOT~'FRIOR TO BUILDIN~ PER~IT ISSUANCE - DENIED Attorney Patrick Neale stated he ts representing Deltona · :Corporation as well as Ann Arbor Builders, however the prt~ary focus ts on the Deltona situation. He recalled the Board of County .Commissioners meeting of June 15, 1993, at which time he was requested 2o return with additional information in support of his request to fill and clear a number of lots on Marco Island, prior to building :.~ermtt,issuance. He noted there are 25 different owners of the total !~'l°ts, and all are part of the Deltona Settlement Agreement which ~ermitted.14,§00 dwelling units on Marco Island. He said some of the i/:lots abut properties that have already been developed and in one .jtnstance, two lots are completely surrounded by homes. He referred to Page 4 August 3, 199~ letter dated October 21, 1991, from John Houldsworth of Development .Services to Hr. Kepple stating that was not the time to consider this request,-He suggested some of the time pressure is due to that hr'restriction. He concluded by requesting the landowners be given per- ~.' mission to fill the subject lots. -' Commissioner Volpe asked what period of time wall be required for the landowners to begin filling their lots7 ~,:~.i';_.. Attorney Neale explained the lots must be substantially filled ['prior to the expiration of the Corps of Engineers' permit on September :.?~9, 1993, un/ess an extension is granted. John MadaJewski Project Plan Review Manager, pointed out he ':directed Mr. Houldsworth to send the aforementioned letter to Mr. Kepple. He said the issue of that letter was there was no administra- ~ive ability by Staff at that time to grant fi/ling and c/earing of the lots. He indicated on a very specific project o'nly, the applicant was directed to seek guidance from the Corps of Engineers on this issue, and Staff also suggested the applicant come back to the County ~ons year before expiration of the permits if relief was not granted by .the Corps. He noted the applicant waited eight months past that date before anything was brought before the Board of County Com~issioners ,for discussion. He suggested another important point is whether or · 'n~t Attorney Neale represents all 25 landowners, or Just Deltona He stated from Staff's perspective, it is very unfair for the applicant to indicate that the County is the stumbling block ~" to their developing these lots. He further stated it is Staff's posi- '~ion that the property owners have not exhausted their administrative remedies with the Corps of Engineers. ' ' In'response to Commissioner Constantine, Mr. MadaJewsk[ stated the Land Development Code (LDC) does not provide a process whereby the · '. Board of County Commissioners can assist these property owners He ",referred to County Attorney Cuyler for a legal opinion. County Attorney Cuyler agreed that the LDC does not allow what He said, however, the Board has the ability to Page AUgUSt 3, 1993 .:',~S~ther,change the LDC or to find that there is a health, safety an~ consideration that mandates allowing the request at this time. He mentioned his concern in al/owing this request for these owner, s everyone within the Deltona Settlement Agreement area claimin~ ~ey have the same right. .Commissioner Volpe stated he la not opposed to helping any pro- ~.perty owners, but questioned where are the health, safety and welfare concerns necessar~ to grant this request? v .- Attorney Neale suggested existing neighborhoods attempting to pre- serve their character and value would establish the welfare issue. He provided diagrams depicting various areas with the subject undeve- lots within developed neighborhoods. He commented the possibi- lity also exists that these undeveloped'lots may have drainage problems and become a breeding ground for mosquitoes. In answer to Commissioner Matthews, Mr. MadaJewski indicated it is ~is understandin~ that all the subject lots are ~mmediately ad]acent to, the waters of the State of Florida, either the back bays or one of the canals. He advised there is no situation of trapped water, , the water will rise and fall based on the tide. · ~ Commissioner Norris pointed out September 19th marks the lOth :anniversary of the Corps of Engineers' permit, and these lot owners must be aware of the deadline even if they have not owned the property !!-./that entire time. ,-... Attorney Neale remarked many of the owners may be unaware of the deadline and are scattered around the world. He added the intent of the Settlement Agreement and the Corps permit probably ant~cipated '".'that all development would be completed within 10 years, however, eco- 'nomic vagaries have prevented that from happening. :~"''' ' The following person spoke regarding this item: "'?i' .Chris Straton 'Responding to Commissioner Saunders, Attorney Neale advised that %'srtUally all the lots he represents have either developable lots or '.'developed lots adjacent to.them or across the street. P~ge 6 Aug'ust 3, 19G3 Cpmmissioner Saunders asked if the scenario described above by F Neale is a sufficient distinction between these pr0pert~./ o~ers ~d others who may request the same? : Cowry Attorney Cuyler reported at best, tt would be an extremely close call tn finding a basis to allow this request while attempting ?/to'p~eve~t similar requests t~ the f~t~re. :.~}. ' Co~tsstoner Volpe communicated he has not been persuad~id there a sufficient health, safety or welfare basis to grant this re,est. ': ~sst~er Vol~ ~ved, seconded ':'-':c~l~ 3/2 (Co~isstoners Const~ttne ~d Samders o~sed) to de~ {the ~~ to fill ud cleu lots on M~co Islud prior to ts~ce : ( 1727 Assistant County Attorney Ramtro Manaltch explained tht~ is a · 'request to appropriate monies to cover attendance of Clerks at Court .~;functions. He noted Section 28.24, Florida Statutes, mandates the J]Clerk'to charge fees for attendance at a rate of 875 per day. Likewise, he said, Section 34.041 makes the same mandate with respect itc County Court functions. He concluded it Is his position that these "~:are required charges. · ': Commissioner Volpe asked if the requested amount contemi)lates the two new circuit Court Judges? ~]"'~:. Paul' Brigham, Court Administrator, advised that these charges have .already been incurred during this fiscal year. He said costs asso- c%:,'.ciated with th~ new Judges for the coming fiscal year are included in ;','his budget. ',¢::"::':':~:C~d.s~t~ Volpe ~oved, s~con~ed by Co--tssto~r Iorrls ~nd ;:':'/carrt~'~i~usl¥, to appropriate $90,000 from reserves for con- ting~s~cie~ to provide payment to the Clerk of Courts for attendance of .D~put'F ~t Clerk~ in the courtroom. F'age 7 August 3, 1993 .TO AFFROVE A LOAN OF CO~B%'JNITY DEVELOPMENT BL~ ~~'~X ~I~, INC., ~ A~ORI~ ~ ~I~ '? Russell Shreeve, Housing Program Analyst, presented a request to approve a loan to Goodland Bay Marina from Community Developz:ent Block Grant.funds to repair damage caused by Hurricane Andrew. He said the ~documents consist of the Participating Parties Agreement, ::Hurricane Loan Agreement, and the Mortgage and Promissory Note, as well as a document for Actions By Unanimous Written Consent of the Board of Directors of Goodland Bay Marina. He recalled this recfuest ':was brought to the Board of County Commissioners on June 15th at which it was discovered the Code Enforcement Board had cited Goodland Marina and its owners for Code violations, which were to be b~ought'~nto compliance by July 19th. He referred to an Affidavit of C~mpltance dated July 16, 1993, indicating the violations have been removed. Also at the June l§th meeting, he said, Commissioner Matthews requested certain changes to the Participating Parties :<A~reement, which have been made. Mr. Shreeve indicated concerns have been expressed with regard to ~_Go~dland. Bay Marina staying in compliance in the future. He reported of the documents state in various ways that if the Marina does ~ot stay in compliance, they will be in default of these agr~ements, resulting in a requirement to pay off the loan in full, or dAsbur- /sements to the Marina can be withheld. Mr. Shreeve called attention to changes that must be mad~ to page ~f.the Hurricane Loan Agreement. He said the commencement date will ~ed to August 3, 1993, and the completion date will now be !" February 3, 1994. He concluded with Staff's recommendation for appro- va~ of the subject documents. . COmmissioner Volpe questioned whether a performance bond will be 'equt~ed for this project? Mr;.'Shreeve replied in the negative, stating the Marina will cer-' August 3, 19~3 'thrOUgh *nvoice. and checks that the work has been done and the ty will provide reimbursement at that time. ':~'i'.' Assistant County Attorney Hetdi Ashton added a performance bond is no~'required because they are not constructing a new building, but are repairing an existing structure. · "Comli~lioner Volpe moved, seconded by Couieeioner Saunders, to 'lq~provl · loan of Community Development Block Grant funds to Goodland I%l~ina, Inc. Commissioner Matthews communicated her concern that there ts no equity in this property, therefore, the question of acce- L'~,.~,,~-. ,?":-lsrat~ng the ~oan payoff is mute, Commissioner Saunders noted Mr. & Mrs. Law have s~gned these docu- ments personally, therefore, any other assets they may have will be subject to being used to satisfy this ~ndebtedness should there'he a on the loan. - ~<~'=lll-for the queltton, the motion carr~ld BOOK 16 August 3, 1993 (252e) .... : Xtel-~ e', Mr. Brutt recalled approximately three years ago, the Community i"'.~' Development Services Division became involved in a program with the ? flood insurance agency, whereby if the County provided certain infor- mation, flood insurance po/icy holders in Collier County could receive as much as a five percent reduction in their rates. He said those ireqUirements were satisfied in 1992, and Staff continues working this program in 1993 with an expected 10 percent reduction in those rates. [. Mr. Brutt next referred to recommendations recently provided from the State with regard to Hurricane Construction Codes, known as the "Deem to Comply". He said due to the hard work of the building industry and Staff, the Department of Community Affairs~ Boards of Codes and Standards have given Collier County the authority to use the standards developed by the Collier Hurricane Task Force, instead of the "Deem to Comply". Specifically, he said, that means the efforts · .'put forth by Staff for modifying Collier County's construction codes · , will be allowed by the State and will result in a financial reduction ~,.- of approximately $8,000 to $15,000 in the cost of single-family homes. Mr. Brutt explained the Community Development Services Division 'i;!.-.! works with and through many organizations, including the Development · ;:,- Services Steering Committee and the Process Review Committee, as well as 10 to 12 building and construction organizations; for example, the '~.: monthly meeting of the Architects, the National Pool & Spa Association, the Builders Roundtable, the Subcontractors Association, p in Action, the Building Industry Association, Electrical Contractors, Plumbing Contractors and several others. He added some of his Staff are also instructors at VoTech, while others are taking "J!i-i classes at VoTech in order to maintain proficiency in their activity. August 3, 1993 ~!~'i', Mr.. Brutt continued, stating this report is the result of estions'and lmggestions brought to the County by the development Fc°mmunity in Fe~bruary of this year. He said in order to address those :~concerns while also looking at the overall operation of his Division, 53 performance indicators were developed. He informed these indica- ?'!tore and their status are presented to the Development Services ',.%Steering Committee on a monthly basis. He advised all the performance ~.'indicators are being completed within the established timeframes or 'within the projected levels of performance. He pointed out of further .assistance has 'been locating one Assistant County Attorney at the Development Services building for a portion of each week to expedite i.' the process, which has eliminated time consuming communication. '~'~i~-i Mr.' Brutt announced another recent action which is of great ~.assistance is the establishment of a coupon book which allows a sub- ~..-contractor in air conditioning changes, fence installations, replacing ~ roofs, satellite dishes, electrical primary connections, etc., to ~.... purchase a book of 10 coupons in triplicate for $300. He said the ~. Subcontractor then posts one copy on the Job, one to his file and one ?'~ to Development Services. He reported this system eliminates nine additional trip~ of the subcontractor to Development Services. Mr. Brutt indicated during recent hiring, he has stressed ipattempting to replace engineers with adequately qualified people who also have had outside experience in the consulting field. He reported ~:'. ' ~.during the past six months, two engineers have been employed who previously worked for private firms in Collier County. Mr. Brutt communicated attempts are being made to get approval on '/'~he f~rst submittal of Site Development Plans (SDP's}. He said Staff ,is working with a sub-committee to provide a checklist so that half / i. cOmpleted plans are not being accepted. He indicated the development .~,i~.i~dustry has al~o been asked to let Staff know what changes they want ili~deto.the Land Develop,ent Code, however, no formal applications have been received to date. ~./~-i Mr. Brutt revealed a request will be coming to the Board relative Pa~e 11 making major modifications to the phone system to'add computertz,~d .He Indicated they will also propose an upgrade to the .. telephone system in the Immokalee area so that builders can use 'the .~ "tap-in" system (~vailable in this area. :~ ; In response ~o Commissioner Volpe, Mr. Brutt replied in-service g is being provided on an on-going basis to enhance employees' 'abilitylto answer: questions with regard to the LDC. He also noted the r system of rotating a planner to man the front counter has now been changed to have one person there on a continuing basis. ~tnf~ people spoke regarding this item: Wtegold Chris St~.aton ' "In response 1:o Mr. Wfegold's request, Mr. Brutt indicated he would ~have no problem adding a person from the American Subcontractors [tton of Collier County, Inc., to the Development Services Steering Oommittee. Commissioner Saunders suggested that the Development Services ':Steering Committe:e be created as are all other advisory bodies. lt'~ the c~mensus that the County Attorney draft ~n ordi- nance · ~/f~ing t~me poliq of thim oow-ittee, an~ at that ti~e, tbs .KOar~ w~l! ~ter~tine the varton~ categories of ~embers. .es. ~e~ut~ Clerk Hoff~an replaced Recording Secretary ~uevtn at this ti~e (291) ~'ltem' ~C1 :LIMITED ~ LICE~SK AGREEMENT BETWEEN BOARD OF COU~TY C0%~ISSIONEP~ :iAND O~ B;.O~OLA, SR., ~ USE OF COUNTY FROPE~TY FOR THE PURPOSE OF HOLDIN~ &OTI~ITIBS FOR AMERICAN INDIAN FESTIVALS - APPROVED WITH Public Services Administrator 011tff stated that this item was ;:presented to the Board on July 27, 1993. He Indicated that this issue to a contract between 0 B. Osceola and the County regarding L.'::~.... 'Indian Days Festiva/ which is held at the County Museum. : '. Mr. Olliff presented a copy of the amended contract and noted the fo/lowing changes: Page ! - Paym_ent of $1,000 per festival to the 43' Page 12 ,.-/',,County during' the season and payment of $500 for the July festival; .Page. 2'- said property will be made available for an eleven (11) day Period; Page 3 - the County agrees to waive the fees for permits; '!BOttom of Page 3 and Top of Page 4 - traditional indemnification and insurance language; and Page 4, Paragraph 1! - ninety (90) notice "".'./ provision if the Board decided to cancel an event. Commissioner Matthews called attention to Page 2, with regard to i.,Mr. Osceola's responsibility for repairs "other than normal wear and . She repo~ted that she understands that following the Indian Days Festival of the Spring of 1992, the County Incurred expenses of ,! $6,000+ for re-sodding. She voiced concerns relative to the grass recovering after each event with 20,000 - 30,000 people. ~: . . Mr Olliff remarked that traditionally, the County has not re- sodded after every event. ;:'~ii,~',i.~ Ms. Tina Osceola suggested an additional modification to the /language tn Item #11 on Page 4, with regard to Mr. Osceola terminating :~:, the Agreement upon ninety (90) days notice to the Board. County Attorney Cuyler stated that Ms. Osceola"s suggested language change will also change the 30 days notice to 90 days tn Item f"L. ~2. Ms. Osceola concurred. The fo/lowing persons spoke with regard to this item: ~' Doug House ~'~!.... Gene Vaccaro Gail Flatto :~Davtd' So~thal 1 Charley Abbott Lynn'Daugherty Nancy_Hollister <~"Oannes'Prttzker ~,"L O,'2B. Osceola CharlesDauray A discussion ensued relative to Item *5, providing access to the L0S'ceola-~ family but not restricting anyone else's access to the Museum, and that the access does not provide for access to collections and , .other facilities that are not necessary for the actual set up of the ~?i~esttval. Mr. Olliff offered the following language: "Access by County Page 13 ~i~....'~.. AUffUSt 3, 1992 ~taff and retlular volunteers to areas of the museum will not be restricted by the festival. The public w~ll not be allowed uns~per- access to the Craighead Lab or any other areas housing sen.~itive historical material." The Commission agreed to this language. Mr. Arthur Lee, Director of the Craighead Laboratory, stated that he concurs with the language as provided by Mr. Olliff. Commissioner Constantine suggested that two events may be better than three. He noted that a split in the gate proceeds would benefit the museum for any additional expenses, i.e. re-sodding. In addition, .he remarked that the Osceola family would benefit rather than paying the County a flat fee. He pointed out that in the event of a three da¥~ rain, no fee would be paid. .. Commissioner Volpe stated that he supports the agreement as pre- %and amend,~d, and cited that this event benefits the community at .arge.tn addition to benefitting the museum and it makes the public more aware of those types of activities. Volp~ moved, s~comt~d b~ Co~miaeioner Natthsws to with the modifications as discussed ~nd that the Hold l~a~l~ ~ Indemnification provision be dslet~ from Item ~9. for t]~ q~estlon, the motion carried 3/2 (Co~taaioner Norris ~Co~/saloner toners-tine opposed). NOTE: Document not provided to Clerk to Board Office as of 10~25/93 '. Commissioner Constantine advised that he has had four meetings '.with the County Manager since the Board's summer recess tn an effort : to renegottate the terms of the Manager's contract. "~ cOmmissioner Constantine reported on the following: the 1993 Jeep :Laredo will be returned to Bob Taylor and Mr. Dorrtll will receive a $580.27 per month car allowance; business expenses have been $225 i{-i:.(monthl¥, however, in the proposed agreement that would be zero; current status expenses allowance of $1,440 per year however, that ;2::..expense would be zero in the new agreement; salary adjustments are made annually with a cost of living adjustment and merit raises or · whatever is given other employees, however, under the new agreement, '~there will be a coat of living adjustment from the lowest of those (~ioptions, i.e. the lowest rate given to other employees, 3~ or the con- 'i'l,'sumer price index, whichever is lowest; current status of dues and ~;.membership paid includes YMCA, Chamber of Commerce and Forum Club, however, the new agreement would pay only the International and State of Florida County and City Manager Association Memberships or any other memberships recommended by the Board. Commissioner Constantine explained that the County Manager's ..: Ordinance currently is referenced tn the contract and calls for a ~:;'/.i seven day pre-placement on the agenda for a dismissal and would take a .[:~.3/5'e.vote for a resolution with a 45 - 60 day waiting period before "'(f'~n&l action can be taken. He noted this could take as long as 70 : - ~i~'i' days. He indicated that under the new agreement, no notice would be :'required to place this issue on the agenda, however, there would be a 21 day' cooling off period. --.. With regard to the term of the contract, Commissioner Constantine revealed that the existing contract is open ended and there ts no for- review date for the provisions therein. He suggested that the Page 25 August B, 1~93 the new agreement be for two years and dismissal prior to that ~.~j:~ariod would be subject to a severance package. He noted that three /~0nths prior to the conclusion of the two year span the Board would ~lndicate whether there is the desire to review at the end of that second year, or not renew the contract, otherwise this would be 'extended to a third year with an automatic review. Commissioner Constantine revealed that the current severance :ipackage provides for six months severance the day the dismissal beco- .i.', mss official, however this could take 8-1/2 months to complete. He ~'/-"?remarked that under the new agreement, severance would remain at six ~onths for the first year, however, severance would be four months after the second year. He indicated if the contract ts allowed to ,ira and not be renewed at the end of the two years, there would be a two month severance. He pointed out if the contract is not renewed ~'i'J'in the third y,.-ar, no severance is due. ~.'~-.'.. Commisston,~r Saunders questioned whether the provisions, as .~:. outlined by Co~amissioner Constantine are acceptable to County Manager Attorney Robin Doyle stated that after extensive discussions he '...~ and Mr. Dorrill agree to the provisions as presented by Commissioner Constantine. Co~issioner Saunders remarked that the new proposal refers to a cost-of living adjustment and presumably this would be the cost living ~lven by the County Commission to the general employees. He noted that the second option would be 3% or the consumer price index, 'whichever single indicator ts the lowest. He cited in effect, the Manager's increase would be capped at 3% unless the Board decided ,,Otherw/se. Mr. Doyle replied in the affirmative. Commissioner Volpe stated that he does not agree with the no notice required to place on the agenda to remove the CEO. He indi- Cared.he does not believe this is a business like approach. .'/' Commissioner Constantine replied that two formats in this regard were discussed: a seven day pre-placement requirement and a 14 day . 000 '47 Page 16 "'"~ .i; . ~ August 3, 1~93 ogl'ing off 'p(~riod or the 21 days. He noted that he does not object ~.to.~-any other format, however, this appeared to be the best approach L?rather than letting things snowball. ~:., - Commissioner Saunders suggested that a motion be presented in a "timely fashion so that it is on the printed agenda and would be adver- ......tised. He explained that the Wednesday before the coming Tuesday meeting, a me~ber of the Commission would request that the Manager ,lace.that motion on the agenda. Doyle stated that he believes there should be a minimum .. )ertod. of time in this regard and the manner in which to handle same /'Should be determined by the Commission. ::"[' Commissioner Constantine remarked that this would allow a minimum Period of time, but the Board could extend the time period, if so desired at the time. ',/.: In response to Commissioner Norris with regard to the return of ?'%~.the Jeep, Commissioner Constantine explained that Bob Taylor Chevrolet has agreed to refund $20,500 which is $2,100 less than the purchase /'price. He pointed out if the Jeep is returned before Mr. Dorrill has '~.~.obtained a vehicle, a vehicle will be provided from the County fleet :~/for the next thirty days. ./-. Co~mis~ioner Matthews cited that prior to approving the agreement ?~ seems that the amended County Manager's ordinance should be in .~"place since the current ordinance does not allow for a term contract. Os~ms~r Morris moved, seconded by Conissioner Yelps that tho CovntF ~ ~ d~rected to ~aft tho C~ ~r's c~trmct .~th ~ ~ ~ mnbnto ~ d~o~o~ ~d bring ~ck for w~ ~ ~f~ ~te of ~ ~lng after the ord~ce lo The following persons spoke w~th regard to this item: Fr~ces Barsch Chester Dobeck ~'.~11 for the ~eotlon, the ~tlon c~rled C~lssioner Matthews reported that she has made a review of the August 3, · /:Manager's business expenses. She noted that the expenses Incurred ~Ve been for coffee and soft drinks for citizens that are meeting '?i,with Mr. Dorrtll; business lunches with current consultants, sym. aathy i'/!.: c~rd~ ~d/or flowers when County employees are tn the hospital or passed away; and miscellaneous expenses, i.e. napkins, coffee stirrers and cups. She stated that she believes these expenses are a direct part of the Manager's office. Commissioner Matthews suggested that the Manager continue to receive up to $125 per month for these expenses as an impressed fund which means that Mr. Dorrill would be required to submit the receipts .-for review and approval as part of the consent agenda so that the '.Clerkte office can replenish this fund. Attorney Doyle stated that this item is not a contract Issue. He Indicated that it is important for the Commission to make a deter- mlnatton as to what serves a public purpose. He suggested that this matter be separated from the contract and the policy be made clear tn for the Manager to carry out the policy. County Mana~;er Dorrtll remarked that his understanding was that a po/icy would need to be developed and there would have to be a mecha- nism for the Boa~rd to approve any or all receipts. He noted there is .'nothing currently drafted, however, something can be developed and b~ght back to the Commission. (e8o) 'P.~OL~FI~gs-s21 APPOINTING MARY HERBERT CHENER~ TO THE :.*?'' HIITOI~XCmn/&~'~O~ICAL PRESERVATION BOARD - ADOPTED Administrative Assistant to the Board Ftlson stated that this item request to appoint one member to fulfill the remainder of a vacant term on tlhe Historical/Archaeological Preservation' Board. She .:~noted that resum.~s have been submitted by slx interested citizens and :a.'memorandum. has been received from staff recommending that Mary i i'iHerbert Chenery be appointed to fulfill the remainder of the vacant Page 18 were nc, speakers. August 3, 199~ ,~ .~' ~orrts ~mved, seconded by Commissioner Volpe an~l .cax~A~a~ni~om~ly, that R~solutAon 93-321, al~oAnting ~ax~ Her%~rt Ch~n~-~. te ~ Historlcal/Archaeologica! Preservation Board be .0~ 000,~, 50 Page X9 L' Administrative Assistant to the Board Filson advised that this :item is a request to appoint one member to fulfill the remainder of a ::J]~!'~'vacant term on the Homeless Advisory Board. There were no speakers O~dni~_r Constantine ~ved, seconded ~ Co~tsmtoner ~tth~ ~ ~i~ ~n~ly, t~t ~solution 93-322, a~tnting NJ~ ~ ~ ~lemm ~tso~ Oo~ttt~ ~ goptet. Page 20 i* ;:~'~* August 3, ,'*** lq~mwmJ~fl: 12:30 P.N. - Reco~ened: 1:20 P.~. at ~tch .... ' ~~ ~t~ Ca~ replaced ~ty Clerk Hoff~ .(780y COlS~VlTIOl ~~S - ST~ TO ~C~ Commissioner Saunders explained that he requested this item be placed on the agenda to find out what measures are being taken to con- ~'?oerve water at this time. He said he also advised representatives of the environmental network that this item would be discussed. Fred Bloetscher, Assistant Utilities Administrator, stated that the water conservation issue is an important issue around the country and in Collier County due to the seasonal fluctuation in rainfall. Mr. Bloetscher noted that the Utilities Division has developed [:~many innovative ways of conservation and the conservation of the .resource itself such as the adoption of a conservation rate structure. He mentioned there are some conflicting requirements in the Land Development Code (LDC) that require extensive landscaping and i. suggested a more stringent use of xericscaping and use of native plants. He stated that the use of low flow plumbing fixtures is a requirement of the LDC, along with the installation of automatic sprinkler systems with moisture detectors. Mr. Bloets,:her informed the Board of the water restriction ordt- '~!;:nance and a ne~w daytime ban on water use. Mr. Bloets,=her disclosed that the new Water Treatment Plant which will open on September 8, 1~3 is the only one like it in the world, using membrane softening treatment, it can convert to reverse osmosis can run both at the same time, which will allow the conversion of - !. a saline sourc,~, adding that an underground storage reservoir is long t,erm solution. Commissioner Saunders commented that the Utilities Division has taken some steps to insure water conservation measures, but stated ~.~.-that one of the biggest complaints regarding water conservation has to Page 21 :with median beautification. .'",;.:Mr. Bloetscher reported that the City of Naples uses effluent :!~(!.Water for their medians, adding that some medians tn the County also ;~';?use effluent water and suggested a more widespread use of native vega- !.ration to. be us~d tn landscaping the medians. ~e following people spoke on the issue: '~,~: '~: Virginia Co~kran Jerrw Davtdson ~.,-. : ~~ta~ S~der~ directed Staff to ~gge~t rec~~tlon for m e~tn~mt r~tre~nts tn ~r ~ter conse~atton ordimces. ")-' Co~isstoner Volpe cemented that this discussion covered only ~:~,~the urb~ part of the water conservation issue, nottn~ that the agrt- ?cUltUral tntere~,t must also be addressed. ~;'"' ' Bloetscher afireed to add this to Sta~f'e report. f!DXSCU~X~ ~ I~OEALKE HABITAT FOR HUMANITY IMPACT FEES - FURTHE~ DI~CU~I~ TO BE KELD AT BUDGET HEA~INGS Commissioner Saunders reported that he requested that this item be place on the agenda tn order to clarify the intent of the Board of County Commissioners which is to delay waiving impact fees for the :::'Immokalee Habitat for Humanity for a period of time tn order to " appropriate State funds through the S.H.I.P. Program. ,.:,.. Greg Mthalic, Affordable Housing Director, responded that the :j(. State S.H.I.P. funds can not be used to waive impact fees, noting he LwIll,be presenting an amended impact fee ordinance to the Board for their approval. He said the State has agreed that once those amend- :?i",m~nts have been approved they will release the S.H.I.P, funds, noting , that a program may be established for impact fee waivers or deferrals !'~:/" for qualified first time home buyers, and Habitat for Humanity seems .to. meet the qualifications for future projects. ,:.,~ County Attorney Cuyler confirmed that the S.H.I.P. funds would not ,,'"be available to retroactively waive impact fees for building permits. Commissioner Saunders asked what procedures could be followed to 53' Page 22 mburse the we, iver. f' County Attorney Cuyler replied that a resolution can be adopted stating that it is in the public's be~t interest to waive the impact for the Habitat for Humanity, but cautioned that under the ord!- ~:nancs certain criteria for individuals is necessary to determine who ;'.can qualify for waivers, thereby allo~ing others to request the waiver of. impact fees. Commissioner Constantine recalled that the Board has been con- -;~*cerned with the funding source, addinf! that although the intent is to help the project, a funding source mu~t be defined. Commissioner Saunders raised the :~ssue of whether the Board of county Commissioners is required to reimburse the impact fee fund if ~act fees are waived. :.'~! .' '.,';,',Mr. Cuyler disclosed that impact fees pay for a certain segment of costs and the remainder of the costs are paid through the General Fund, even though the impact fees are not funded themselves, the funds waived will still leave a shortfall which must be addressed. Commissioner Saunders indicated that he would l'ike to commit to I~mokalee Habitat for Humanity theft the impact fees will be t'waived, using County funds as opposed to S.H.I.P. funds if necessary. Cosunissioner Norris commented that it has always been the position ' of the Board to support Habitat for Humanity with S.H.I.P. funds, but since this appears to be impossible he does not know how to proceed Without funds. Commissioner Constantine agreed, ~.nd suggested to Staff that while going through th~ Budget Items possible funding could be found. ~~A~er ~dsrs reco~nded that this tte~a be discue~e~ a~ Hearin~s. ESTABLISHING A MILLAGE RATE OF 3.25 MILLS R~ TH~ JL~Soc~rATION MSTU TENTATIVE BUDGET - ADOPTED Tom Conrecod,~, Director Capital Projects, provided a brief i.,.background of th~ project and requested direction for Staff. The followin!~ people spoke on the subject: August 3, 19~3 ~rt Schank Don Myers A1Perkins Tim Ferguson '.Mark Irgang Joe Townsend b~iChris Stratton ;~'"~ Mr. Conrecode stated that when the. project started in 1986, it bad approximately 290 property o~rners for the improvement of 6.6 miles of 'roadway and two years ago 3.3 mi/es of roadway had been identified, which cut the amount of property owner, s in half, further adding if one mile of improvement is permitted a very limited amount of property will be involved. :,~:.. In response to Commissioner Volpe, Mr. Conrecode replied that there is a total of 22 sections or 16,000 acres in the taxing ,district. ~:;~<'.' '.County Attorney Cuyler informed the Board that th'ay could adopt a setting a millage rate. ';>~ - ' Mike McNees, Budget Director, advtsed that one option would be to ' establish a millage rate for the Sabal Palm MSTU or raise the millage later which would require another set of notice requirements. He adopting a resolution amending the tentative millage rates which were adopted a week ago and put in place whatever millage rates are deemed appropriate by Staff. :j~.~. Mr. Townsend, representing Sabal Palms, suggested a millage rate o~ § mills. '>:.'Co~tsstoner Matthews indicated a millage of 5 mills could be ~:i:established to provide the funds and within 5 or 6 weeks an investiga- tion of the actual needs could be done. Mr. McNees a~nounced that 5 mills may exceed the County's total 10 mill cap. Mr. McNees indicated that the mills are currently 6.47, which leaves 3.5 as a maximum. another discussion sn~usd with re~ard to thm Page 24 AuTust 3, 1993 Commissioner Saunders advised that he understands that a millage ~ete 'of 3.25 mille needs to be adopt~d as opposed to 3.5 mille ~,ecause some other taxing districts affecting that area. (~d=ioneT Mattb~ ~oved, seconded by Commissioner Norris ~nd c~rried 4/0 (Co~issioner Constantine ~t), to ~opt a lillage rate of 3.2~i'1s f~ ~e Sa~l Palm ~soct,attm T=ing District. lsatst~t Cowry Attorney Netgel announced for the record that '~:;thts.ts'a reconsideration of Agenda Item ~IOG with the new action t~en as a replacement for the previous action. Page 25 ~Zt~ '~OA · August 3, 1993 'SEL~CTZOR OF APPLICANTS FOR APPOZRTMENT TO THE AZRi~:~)RT - C"O~IT~ TO BCC MEETING OF AUGUST 10, 1993 During the discussion of #12Cl, Commissioner Saunders suggested ing this item until the Board of County Commissioners meeting it ..,-. Legal not/ce having been publ/shed /n the Naples Daily News on 15, 1993 as evidenced by Affidavit of Publ/catton fi/ed with the ~'l~rk,.vUbltc hearing was opened. ~i((" 'C°mmtsston~r Saunders noted that Item #12C2 wtll be heard in con- :~.*~unction w~th ~hts item. Assistant County Manager Hargett declared that the County ts at a portatlon Crossroad and stated the*quality of life in the County !Will be affect(~d by the dec/s/on reached today. ~.," Mr. Hargett ~'tnounced that the Transportation Planning Committee ~:has established a more definitive wo:~k plan with a financing method tn form of the five cent gas tax. Mr. Harget1: revealed that the wo:rk on this plan began eight months :ago and using ~t slide presentation h~.~ described the 36 pro~ects from ..:~ the Capital Im~rovement Element noting that two of the pro~ects are being carried forward from last year, five pro~ects are be/ng pro- ected beyond 1998, four projects /nvolve right-of-way acqu/s~t/on, ~,* permitting, st~malization and recons%ruction, twelve pro~ects Involve ~'.'plann~ng, design and engineering, and the rema/n~ng 13 projects -.involve constru, ction in the next ftw~ years. He said the total esti- cost for the next f~ve years il~ $86.2S2 million and of that , $13.?§ million ts a debt fro;~ prior years. Mr. Hargett explained that the Transportat/on Planning Committee ~;.~.~, / identified three potential sources of additional revenues in an · ,o0 57 August 3, 19~3 ,tteaPt to ~ake 'up the deficit: ad-valorem taxes, sales taxes and 'the '?gas tax. He said because of the Boards unanimous and repeated rejec- t/on of the ad-valorem taxes in the past as a funding source for road , and since the sa/es tax was rejected In referendum, :usi.n~ the five c,~nt ~as t~ Is the only option left to fund the addi- revenues. In referrln~ to the Analys~s of Bonding Capacity, Mr. Hargett '~'e~lained that the proceeds from each penny of gas t~ over a twenty year per~od could ~enerate sufficient revenue to cover our current ~es't ~ted deficit. 'In response to Co~issioner Matthews, Mr. Hargett responded that a preltmin~ report between the Finance Department ~d the C~ty ~nd~- cares that there ~s estimated to be a 5~ reduction shar~n~ w~th the Co~te~ioner Volpe asked wha~ Is the percentage of growth used ".cal~lattng levels of service? '-~ Jeff Per~, Chief Tr~sportatton Planer, stated that the officia~ ;~':fi~res were obtained from the University of Florida, Bureau of ['?:'Economic' - ~d Business Research, which are the numbers currently used -~'for ~990 through 2005 and average out to approximately 6~. 'k:/"~ Co~esioner Saunders pointed out 'that there is a cost associated (:with ~nding, ap~roxtmate/y 30-40~, and in terms of the second five year period he ls~ concerned that a $60 mi/lion dollar deficit would ' ..re~lt with no re,venue source to draw from. He suggested that ~f a ... riva cent 20 year tax ts established, :It may be better not to bond ~?He ac~led~ed lhat this may re.ire a moratoria in certain ~:'~']tions, addtn~ that some changes In le~lelatton ma~ ~tve the County an _0PPor~ty to spread these costs out and avoid the moratoria. ~. Hargett recalled that Staff wa~ directed to look at four .'..'f~cat~ons to the project list; the morning of Project No 9, Vanderbilt Beach Road (U.S. 41 - C.R. 31) to the ~econd five year period, the elimination of Project No. ~8, Livingston Road (Pine Ridge Road - ~Golden Gate Par~'ay), No. 19, Ltvin~ston Road (Golden Gate Par~ay - Page 27 AUgust 3, 199:~ ,.Radio'Road) and No. 29, Santa Barbara Blvd. (Davis Blvd. - Rattlesnake Road). He mentioned that if Project Nos. 18 and 19 are' eltmt- hated that would necessitate the 8-1aning of Airport-Pulling Road at ;~-an. esttmated cost of $18 million versus the cost of the two projects at-approximately $9 million. He said part of the traffic evaluation sho~s.., that additional traffic will be coming from an expected 12,800 ;-...~? .... dwelling.Units which are proposed. He, suggested that If Project No. 9 and No. 29 are pushed to the "out" years, the monies would be left so ,~!?.that the corridor of analysis may be completed. Co~u~tsstoner Constantine stated that the Board has Indicated on three occasions that they are not Interested In ~hese projects, adding his'concern is that Project No. 29 has been discussed as a :;.north/south county through-way eventually connecting with U.S. 41, and the same discussions have included not aligning it with St. Andrews , 'Blvd., therefore, defeating the purpo~e of not connecting it with U.S. '41. ~-.,Mr. Hargett stated that he has asked the Transportation Planning :tee to identify transportation needs from the transportation perspective, as .he was unaware of the Boards comments, but he Is pre- . Pared to take di:rectton today regarding the Santa Barbara Blvd. pro- ~Ject.. :. Commissioner Volpe confirmed that these projects in question are ?;important from a transportation perspective because that they are Important corridors in terms of planning, yet Vanderbllt Beach Road ~..' extension, which is a major east/west corridor Is not looked upon as a '~.!iprtortty to the Collier Planning Commuatt¥. ~' Mr. Hargett agreed that Vanderbtlt Beach Road extension is as ;'important a proJ,~ct as any, but does not meet the concurrency require- '' ment of level of service E. AsSistant Co~lnty Manager Hargett reminded the Board that the item discussed .is not approval of a work plan, but consideration of ~lementtng the five cent gas tax. He recommended that any future ?.;.revenues, should they exceed what is being projected, and any future ~: '. 59 'Page 28 ~ "' August 3, 29~3 .esue8 or gas tax ordinances,'.be structured to'allow early He said proceeds from any bond sale should be Place~ in .an escrow fund to be used only for approved road projects· and interest accrued should also be kept in the fund. He noted the board :should. annually review the revenues in the fund and make such dect- on future bonds. He indicated that the Transportation Planning recommends the Board favorably consider the implementation -0lithe five cent additional gas tax for a period of twenty years. The'following people spoke on the subject: 'Ptres Trageflser Sally Barker Jerry Davtdson John Passldomo Nanette Hall Whit Ward Ross McIntosh George Buonocore Ste'ven Wodlinger Ray Nichols Berrie Gulacsik Jim Loskill Dudley Goodlette Mike Cart ess -]~cor~i~g Secretar~ Ouevin rep]aced Recording Secretar~ Carne~ The following people spoke regarding this item: Fred Tarrant Scott Lepers ;.'.. - Chris Straton Bobby Cadenhead GA/bert Erlichman Mike Davis R.'. Scott Cameron Sewell Corkran ..-, Stuart. Kaye' response ,to questions raised by Mr. Erlichman, Transportation · Services Administrator Archibald stated currently each gal/on of gas '~._ .-. · is %axed 36 cents. Of that 36 cents, he said, 8.8 pennies are ireturned to the County and approximately 2.2 pennies are returned to City of Naples. He said those taxes come back for the purposes of maintenance and improvements. He reported each penny represents japproxtmately $800,000 for a total of $8.8-million, the majority of is currently being spent on road maintenance. · '..-.:In response to Commissioner Norris, Stan Litsinger, Growth ement Section Chief, explained nothing in the Environmental Land .gement Study (ELMS) legislation resolves the problems Collier .County is facing in the immediate future, particularly the five-year ~'planning timeframe. He reported the relief from concurrency issues is directed towards the highly urbanized areas of major cities. Page 29 August 3, 1995 ~;"He~:t~dtcated the key phrases of the ELMS legislation and all its cri- teria'apply to urban inftll developmlent, urban redevelopment and down- ":]~wn revltalization. He advised definitions will be issued by tbs Department of Community Affairs (DCA,), however, he does suspects Collier County will not be able to qualify under any of those cri- teria. He agr~ed there are possible opportunities in the ELMS '~.i-l~gtslation to embrace 10-year concurrency management in future years, i'i'perhape through a ma~or rewrite of the Growth Management Plan. c~ ~~]y, to close the ~%1~c hearing. Co~ssion~r Constantine asked i~ the Board must make a decision 'this date? Mr. Hargett replied in order to ,~nact the gas tax to be effective ~ ~Januar~ 1, 1994, the Board must take action prior to September He said if the Board chooses to settle this issue through a referen- !idum, the notification process must beg~n by that date. Assistant ~:oun~y Attorney David "~eigel added the legislation pro- · riding for enactment of the tax this year actually states the tax shall be impos~.~d prior to November l, 1993, with the tax to be levied ,~-.effecttve Januar~ ~, 1994. He said the September 1st date refers to %~.' the obligation to enter into an lnterloca! agreement with the City of Naples concerning the distribution of the revenues to be attained from the tax. Therefore, he sald, if the interlocal agreement is not in place prior to September let, the alternative distribution by virtue ?of rev~ewing the previous five years~ road expenditures of the C~ty ~and County would be the me~hod utilized for the first five years. Commission,.~r Constantine communicated he has stated ~n the past that he would be in favor of a gas tax under particular circumstances~ specifically, that there would be a set dollar amount he could be com- ~-fortable with; that there would be a sunset of the tax~ and that there be no room for maneuvering the set dollar amount. He'suggested may or may not be other funding sources or creative ways to fund the road deficit, such as excesses ~n reserves or funds budgeted for Page 30 August 3, Z~93 ~aIariee of esployees versus a diff,rential at the end of'the year of 85- to $8-million. He said questiOnS remain regarding Vanderbilt Beach Road, Santa Barbara Boulevard and Livingston Road, as well as [benefits that may be obtained from the ELMS legislation. He conclude, d .he cannot vote tn favor of thi~, tax until those questions are .Lanswered. ~' ....commissioner Matthews announced she has scheduled out the four of AUIR's and explained her concerns about the road deficit a moving target. She also reported that she has developed a comparison of budgeted and expended funds in personal services. She Pointed out when comparing the FY 92 budget to actual personal ser- vices ex, mended, there ts a variance of $2.7-mlllion. ': Mike McNees, Budget Director, e~cplained the difference between -actual and budgeted expenditures would have been built into the budget for the preceding year, and that money would offset any tax or reve- 'nue source required in the following! year. In other words, he said, that money is being spent in the next year on whatever has been budgeted. He cautioned that an attempt to Identify every possible dollar of attrition money that might: be available tn the next year as a"revenue source will put the Board in an undesirable position. In ?'.terms of. the gas tax, he said, the ~Ioard needs to focus on revenue to the County which will be close to $~-million. He said the most opti- mistic scenario of Identifiable tess, rye or attrition tied to those gas tax monies will not be nearly enough to make a material difference to ..the transportation deficit. He agra. ed that Commissioner Matthews has legitimate budget concerns and stated she will be provided answers to ~."ever~ question prior to the final bu.dget hearings. Commissioner Saunders pointed ou.t the Board of County C0mmi~aioners has gone on record many times that they want to keep the reserves at.reasonable levels. He said the Board has also made a polic~ decision not to use ad valorem taxes to build the road system. He indicated if there are excess reserves, the Board needs to find a 'Way'to cut the millage rate so that the taxpayers will benefit. He Page 31 Auf~ust B, 19~3 ~e~arked if the shortfall ts a moving target, that ts a good argum~snt not bonding this gas tax in the first five-year period becauue that will reduce the County's spend:mg capability by 30 to 40 p~,rcent over the life of a bond issue. .;Co~tsstoner. Sanders ~ested if this tax ts approved, he would like a Co~ttment from the Board to put back tn the five-year work 'pl.~.the se~ent of Vanderbtlt Beach Road heading east towards [ltn~ Ro~d ~t l~k to Goodlette-~rank Ro~d, tn order to all~vt~t~ ~ traffic proBl~ tht~ Co,mid.ton created through th~ ~xp~n- sion of Goodlette-Frank Road heading north and the opening of the cuts into the Pine Ridge Subdivision. .' Commissioner Constantine assertE:d if that road project is put back ,the"w°rk plan, he will not support the tax. He explained' his posi- ;'~'"~i°"'that the amount of traffic on those roadways ts not unusual tn ~any neighborhoods, and there should be a more effective and less expensive way of approaching the problem in Pine Ridge. Commissioner Volpe observed thai: existing revenues are not suf- ftcient to fund the necessary transportation network and he believes gas tax ts the most equitable way to deal with that deficit; however, he ts not comfortable with the length of time being proposed the tax and he is against bonding. ~.' -Commissioner Constantine agreed that there are too many variables '?'~regardlng the transportation needs for a twenty-year bond. Cm~ai~ioner Matthews ~oved, seconded by Commissioner Norris, to i~po~e · fiv~ cent gas t~x for five years with no ~nding. ' Co~tssioner Volpe co~untcated the County needs a long term solu- ~.tton to this problem. He said tmpof~ing the t~ for five years will $2~-mlllton out of which $1~-~illton must be repaid, leavtn9 ~'"'Sa-million for actual road construction. He Indicated the Board .'should ~rne the ~LMS legislation and the possibility of a 10-year .c0n~rren~ management system for Collier County. in response to Coutsstoner Volpe, Mr. Lttstn~er stated a five ;'.cent ~as t~ for ft%e years will not meet all the concurrency re~ire- Page 32 ehts the County will be facing tn the next twenty-four months. Responding to concerns expressed by Commissioner Volpe, ~mmtastoner Matthews explained she is anticipating other methods of g wlll be found prior to the end of this five-year tax. gert cautioned that.Staff's estimate of revenues from the ~:'gaa tax over the first five years will be approximately $18.9-mtllton. -/'., Commissioner Saunders suggested with regard to the current deficit of $1S.?§-mlllton, that Staff will find a way to negotiate another short-term loan with the hank to pay that su~. He Indicated the Board :'~s'.forctng Staff to be creative in assisting the Board tn balancing e;Cap'ttal Improvement Element. ~,Mr.~.Hargett pointed out Staff is trying to avoid additional ~',tnterest costs, which ts why they are against bonding. He said the y has a $13.75-million debt on which no principal is being paid, and on which interest charges are accruing. He said it will take four of a new five-cent gas tax on a pay-as-you-go basis Just to pay off that debt, leaving no money for road construction. In answer to Commissioner Volpe, Mr. Litsinger reported the Board fwill need to adopt a concurrency management sufficient road program adequate funding within the next 60 days or Staff will be com- pelled to ask ~he Board to direct them to advertise for areas of influence. ~,~.,',.:-.~~t~mMmtthew~ amended tBe motion, seconde~t~CoE~ts~ioner '~*e~a £tve cent ~ t~ for a ~rt~ of t~~,' with ..'oz'. t~e ~neetAon, the motion failed 3/2 (Co.~l~Aonez~ Co~l~loneF Vol~e suggested Staff be directed to return w/th "~*~n~or~tton reGrardtn~ the pos~tblltt~f off movtn~ montes ffrom Road 8 Brtd~e to be substituted with ad valorem, ~d that this t~sue be rev/- ~stted with other alternatives from Staff. ':' "Mr. McNees ~nounced that within the next twenty-four hours, the .. Page 33 August 3, 1993 :,'Valorem rate will be set. Perry cc,mmented the need to build roads is level of serv!,ce ,;::."driven. He said the option of not building the roads will mean mora- toriums, followe~d by identifying how they will be built or simply lowering the levels of service. He said that will delay projects, but ,not remove them from the work program. '' :~:J~:'::)~: : Co~ts,toner Sa~der, asked ~or S~afff's best estimate of the vs position, assuming the gas t~= ts not increased and ad Valorem t~es are not used. Mr. Ltts~nger stated under the BoardVs current policies, Staff {:,.:w~ll' have to ask for direction to adw}rttse public hearings for mora- :'/'t°rta tn certain areas of the County. :- Co~ss~oner Const~ttne indicated he w~ll support the proposed F:..t~ ~f the Boar~ co, its to not f~dtn~ any road w&th the Increased ,(.::., . · ',~.~:~as, t~ that ~e not concurrency driven on the upcoming year~s [" f~ve-year pl~, ~htch w~ll be rev~ewe~ again next year. (Ns~aimt~ M~tthews ~oved, seconded by Co~tss/oner No. is, ~ a ~i~t ~r ~llon ~oliua t~ for ',':, f~ ~ ~J~ ~t ~e ~t con~en~ ~t~n for at leuta ~ri~ Answering Co3nmtssioner Volpe, County Manager Dorrtll Indicated his ~:,,,, Immediate 8ugges'~ton would be to attempt to use other gasoline taxes, ., cut other expenditures in the budget, ignore repayment of the commer- ,note for $13-mtllton and roll over its interest for the coming Pear. ~-,. ,..,, .' Commissioner Volpe asked that the Board be given a report on the ,..:consequences of ldr. Dorri11's suggestions before a final vote is taken on/this issue. (..'~toner-Volpe moved, seconded by Co~miaaloner Constantine and hilod ,/O.(ML~otonera Norris, Matthews and Saunders opposed), to for approval. I~pen eell'f=~ the question, the notion for approval carried 4/1 Page S4 &ugust 3, 19~3 ~.'. (Commissioner Volpe opposed), thereby mdopting Ordinance 93-48 with ~pulattons as not~ a~e; ~d t~t the ordtn~ce ~ ~ter~ ~k No. 63. :~/-tsstst~t Co~mty Attorney ~etgel reiterated that the legislation .ires ~ tnte~local agreement between the City of Naples. and ' ~Collier Cowry b~ approved by September 1, 1993, if that Is to be a ~.~'vtable option in the e~atlon of the distribution of the gas t~es e~ted. He repo,:ted if the agreement ts not tn place by September ;<!st, the C°vnty t~tll only have the option of looking at the City's ~aat five years' e~endttures, which may be different than the '~roPoaed e~endt~vres tn the next five years. ' ~) ~ ~ ~ITION~ L~ O~IOl GA~ T~ ~l ~ G~LON OF · Legal notice having been published in the Naples Dally News on !Y 15, 1993, afl evidenced by Affidavit of Publication flied with the Clerk, public heiLrtn9 was opened. ':J: ..This Item wait heard tn conjunction with Item #1201. ~dasio~e~ Norris ~d, seconded ~ Contmstoner ~tth~ ~d ~~ly, ~o close t~ ~bltc he~tng. Legal notice having been published tn the Naples Dally News on 6, 1993, as evidenced by Afftdavt~ of Publication filed with the clerk,'.public hee,rtng was continued from July.27, 1993. Page 35 August 3, 1993 i'Offtce'of Capital Projects Management Director Conrecode stated this Item was continued from the meeting of July 27, 1993 to ?.'allow staff an opportunity to address several questions associated with the three-party agreement. , ": .'Conrecode provided a handout depicting two alternatives with to the three-partY agreement. I~,'. Mr.'Conrecode explained that Alte, rnattve "A" provides that the ,?'B°ard would pay the assessment costs associated with the parcels in ;:i~:.:the three-party agreement. He Indicated that this would be a contrt- ?,button from county gas taxes of $179,588.26. '<.i,,'' Nr.-Conrecode reported that Alternative 'B- provides for payment ? ~ of the actual cost for construction and t~nores certain soft costs -"'' associated with the District. He revealed this would be a reduction .of $152,481.24. '~.~':~.~': Mr. Conrecode advised that staff recommends that the Board adopt "A# which reduces the front foot assessment cost for ,':;,,paving and drainage from 8139.2456 to $134.9858. ./~,'!':~'.' Mr. Donald Arnold stated that there was an agreement with the ~County~s Capital Projects Division providing that part of the proper- ?;.,,~i~?,;,.i ..along Comm~rctal Avenue and part of the properties along Progress ~ would only pay for the portion of the improvements that It 'would take to do an overlay, widen th~ road and Install the drainage. explained that under a pro~ect app=oved by the County, namely Safe :tDrage, sewer ~md water lines, and lift stations were built and given the county. In addition, he advts~d that roads were built according to county specs, however, they were only 18~ wide since the :~',i.~ .drainage calculi~tlons had not been de'~ermtned by Wilson, Miller et al. Mr. Arnold reported that per the agreement, easements to the various '~..:.properttes were given to the County tls addition to water and sewer ~..:Arnold recalled that staff estimated that the assessments .-be approximately $24,000, but the actual assessments on those prbpertIes are z~ow $195,000. Page 36 .... August 3, 1093 ~"~.Nr. Conrecode advised that this issue was brought to his attention ts:this afternoon, and noted that he has been unable to obtain a ~..copy of the agreement, nor can anyon,~ identify the parties present at meeting wh(~n the agreement was reached. Mr~Arnold remarked that he has copies of correspondence from i;i!i.. HarrY Huber indicating that the assessments would be based on the -amount of work.that was done by the property owners, but a deter- /~i ~ination could not be made until the final costs of the total program :~'Technica! Services Supervisor Huber explained that he has a copy /i?0f'c0rrespondence dated September 26, 1990, from himself to John ' 'Mada~ewski stating that "the owners of parcels within the development .known as A Safe Place Storage have not acknowledged that they will be /sUbject to assessments for any improvements which are not in place ?~upon commencement of construction where such improvements are 4~' ~.necessary to provide conformance with minimum standards of the Naples ~prOduct~on Park MSTU." ~Mr. Huber reported that his file reflects notes from a meeting .~held' on FebruarY 12, 1990, and thos. in attendance were John Mada~eWSki, Doug Gordon, Tom Satterf~eld, Steve Gunden from Wi/son Miller, Messrs. Arnold and Cadenhead and himself. He related that no,es indicate that "proposed improvements must be in conformance with the MSTU plans; road pav~ng on a te~porar¥ bas~s~ no grades installed to'idate~ key issues must be resolve¢~ regarding MSTU plans and pro~ect .plans; no problems with temporary improvements as long as it is understood that they are only temporary; project is to be subject to extra cost assessments if necessary~ and roads to be accepted on a it emporary basis." '" Mr,' Huber read ~nto the record a letter of review of the plans ':for A Safe Place Storage from Wilson Miller. . Mr; Arnold related that Mr. MadaJewsk~s Department inspected the !.iwater l~nes, chlorination and pressu.re testing, video taping of the ~.-? sewer'iilines, and core boring tests to verify that the roads were built Page 37 August 3, ~993 ~!.With:.the sub base, limerock and asphalt. He indicated that.the swales could not be done since Wilson Miller could not provide the elevations. Mr. Arnold stated that there were meetings and agreements, .'however· there was not a written agreement with the County. He cited .~hat the improvements that were provided were to be credited. He )lained that he agreed to deed the sewer and water lines to the C0%{nt¥ when he was given a fair number, noting that he still ow~s these lines. commission~r Volpe asked Mr. Arnold the dollar amount that he like credited for what he has expended. Mr. Arnold replied that %~e'~.tOtal.amourtt of the assessment should be between $40,000 - however, Mr. Peek indicates that figure is approximately $195,000, and there should be a credit of about $150,000. Commissioner Volpe remarked that without a written agreement or i.j/ verification of the costs it is difficult to determine how to proceed. Mr. Tom Peek of Wilson· Miller, Barton & Peek, Inc., stated that ~ .'in the absence of any agreement, has firm was of the opinion that ;.those roads were sub-standard to the MSTU'a standards ~nd therefore, .they were re-built completely during the construction of the MSTU ~/tmProvements. He advised that the total assessment for road improve- ments on the properties alleged by Mr. Arnold to be covered by the .,'agreement is $286,000. ~];i Mr. Peek revealed that he has been unable to locate any record of a~resment that would have resulted in these properties being .~'assessed ~n a different fashion, and noted he is not in a position to "make a recommendation to modify the assessments An question. Mr. Bobby Cadenhead stated that he is a partner of A Safe Way Storage and indicated that agreements were reached with the County and 'meetings were held with Wilson, Miller, Barton & Peek· Inc. to corre- '3iiiat® the design and build Progress and Commercial Avenues. He recalled that the total rights-of-way for Progress Avenue and Commercial Avenue were given to the County as part of the compensation the aQreement. !'~;:::,Mr.'~Cadenhead advised that Mr. Grady Minor attested that the roads were built according to county specs but Wilson Miller decided to roads and re-build them. He indicated that the easement= ~iven to the County in consideration. He suggested that the par- ?, ties.involved get together and attempt to recall the meetings that held. Commissioner Saunders questioned whether this hearing could be for one week without creatin~ a problem. ?' Finance Director Yonkosky advised that there ts a problem ffrom a '.,' tiatng point of view. He Indicated that at the end of the thirty day period when people are paying interest fee, before the final figures 'are determined for the bond issue and the final roll submitted to the .~iT'tax collector there ts no ~uarantee that the tax collector will accept same'after September ~Sth. ' '.c'-';- Commissioner Volpe pointed out if there ts a 30 day pre-payment provision the final assessment could be adopted at this heartn~ and if there is a commitment and acknowledged by the Board it could be ~lied to some partial repayment. County Manager Dorrill remarked that there is no documentation f)executed or approved by the Board. He recommended that the roll as ~? presented be certified. He indicated if upon review of the entire ;.,~..situation the County needs to buy lines that have not been conveyed or [~(ireimburse the property owners for those reasonable costs, there is a ~taxin~ district in place which could be used in this re~ard. Mr. Conrecode affirmed that letters of objection were submitted for the record at the last hearing, and a verbal objection from McOash ~ ~t:,Glaas. He requested that the Board adopt Alternative "A" as pre- ;~ented, funded by Fund 313; adjustment to the sewer assessment for Parcel 65 with a front footage of $503.§~ adjustment for Parcel 26~ of feet; adjustment for Parcel 239 of -506.4 feet; adjustment for :!¢' Parcel 22~ of -.1§~.~ feet; adjustment for roadway and drainage for Parcel. 229 of -.X§X.X feet. Additionally, he recommended an adjust- .-. Page 39 -? August 3, 19~3 to Water assessments in the deducted amount of -$11,757.50 foz, a revised assesszment of $733,915.83; and a revised factor of $28.3~69 ~er feet; and l:hat a proposed agreement with regard to the Radio. Road '~'~.~Joint Venture be brought back to the Board on August 10, 1993. AsSistant County Attorney Weigel recalled that at the meeting of :~3uly.2? 1993, he read several modifications to the resolution into !the record. H~ advised that since the hearing was continued for one ~iiWeek~ the County's Financial Advisor requested the additional correc- .tion as follow~: Page 4 of the Resolution, Section Three "Anyone who prepays an assessment prior to September 3, ~993, shall receive a rebate on such prepayment in an amount equal to the pro rata share by which financin~ costs associated with the bonds shall be reduced by di Prel~y~ent*." /:-. C~T~~~t~I¥, that Re~olutton 93-324 be adopted with cbange~ and t~ alqvrove the recommendations u outlined by Mr. Conrecoda. County Manager Dorrtll indicated that with regard to the matters pertaining to the two lots in question, he will research the record i:.~and if a full or partial credit is due, will come back and so advise Board. ',. Page .,40 ;~BOA~I~ ~F~ COONT~ COI, BIZSSIOg~,S ' COI,~IU~ICATIONS August~3, 1903 Commissioner Volpe stated that the public hearing on animal ,reeearch is scheduled for the August 10, 1993 meeting. He announced Collier County Medical Society's representative ia not available that date and has requested that this item be continued to August 1993. --'~Co~missioner Volpe suggested that consideration be given to accom- g the schedule of the representative from the Medical Society. .::-. -' Consensus of the Commission was that the public hearing remain as ,': scheduled. ~, Commissioner Volpe pointed out that the Land Management Plan for &fo0i': each Prese e was presented to the advisory body andthe has received the minutes from that meeting. He noted that there discussion with regard to the turn around point being at the entrance to the Preserve. .:',~":..~. Commissioner Volpe reported that the Property Owners Association agreed to fund a park ranger who would control the traffic at the ~:;~'entrance and advise the public when the park is full. y~..-.. Commissions]: Saunders recalled previous discussions relative to ':i~.' the ~ubJect of a park ranger. He noted that if the Property Owners ~,'~,Association does have a proposal, he would like to review same. ~i!;.~ Commisstonel: Volpe stated if there is a proposal he will provide ~: Same for the Board's review. .i'.. Commissioner Volpe stated that there is an upcoming meeting with "DCA'relative to Matthew Tari and questioned whether there is any need representation from the County to be present. . ( County Atto:~ney Cuyler explained that Assistant county Attorney ",:. -Student is in Tallahassee and if it appears that a member of the Commission should attend the meeting, he will advise. ~.,.', . Commissioner Matthews cited that historically the Board has taken aone Week recess during the month of August and questioned whether Page 41 · - ?, August 3, 1993 ~'O~misSion has any desire to do so this year. -.Commissioner Volpe stated that the Board's vacation schedulel has been set and it should be followed as such. .: Consensus of the Commission was that the Manager will report on items that have previously been scheduled for public hearings on 24- ~d 3~, ~993. PROVIDING FOR ASSESSMENT OF LIEN FOR THE COST OF I~LIC NUISANCE ON LOT ?, BLOCK 2, SOUTH PROVIDING FOR ASSESSMENT OF LIEN FOR TH~ COST *~ D~ L. ~LY ?'.~'i;:~SOL~ *S-:101 P~OVIDING FOR ASSESSMENT OF LIEN FOR TH~ CO~T OF ~LBA~ OF P~]BLXC NUISANCE ON LOT 26, BLOCK 7, NAPLES PARK · UBDMSION, ~T NO. 1, WALTER F. NEWMAN ET UX Page 42 August 3, 1993 ~(I~I'X~ 9~-~O~ PROVIDING FOR ASSESSMENT OF LZ~ ~R ~ ~ OF ~:~ ~ZC ~S~ OR L~ 22, BL~ 132, ~C0 B~ U~T :.~.~TI~gs-s03 FROVIDING FOR ASSES~.~MENT OF LI~N FOR THE COST OF !:ABAT~IT. OF P~BLIC NUISANCE ON LOT ~8, PORT-AU-PRINCE, R K REALTY OF FROVIDIN~ FOR ASSESSMENT OF LIEN FOR TH~ COif OF NUISANCE ON LO~ 3, BLOCK 400 OF MARCO BEACH UNIT Is',¢'- /..5'9 FOR ASSESSMENT OF LIEN FOR TH~ COST OF ~S~ ON L~ 5, BL~ 204 OF ~ B~ ~T ... '" See Pages '~~11 ~S-Sll FROVID~ :FOR JtS~StI:~WT OF LIEN FOR T~:COST OF '~Z~ ~'L~ 22, ~ 291, GO~ ~, '~T PROVIDING ~R ~S~~ 0F LZ~ ~R ~ ~ST OF I FROVIDING FOR ~S~ OF LI~ ~R ~ C~ OF Page 44 FUBLZO ~UZSANC~ 0W ~0T 2, ~0~ 2~0, Ulq'Z~ ? ~ART - 00~DL'N · 1.1:em_d)/SB1. : ..... :~lq~a:NT NO. I ON TASE ORDER NO, 3 NITH G&~[NETT FT.,ENING, ~.;i:.~:Mll~lL0~. ]'OR ~ AI~-~LING R0~ ~0~ ~, 66033 - ~:,:: ~: ~~' ~ $46,083 :ltem dL'3,6B2.- I~'I~IJ~'S~'I~8:~ FOR IMMO~I~R ROAJ~ I~URI~.JII~ B~I'I~I~ I-?~ ~ ':"C,R~ O81; Cl'K P'AO~KCT WO. 008 - IN THE LUMP SUM ~ OF $25,921.52 ::.,.'~.:~..m~gme~rr xgmttvJ~ a)Jotm,r x~ )~UXCAXU m~XV~ X~m ,o. Page 45 See Page~ " AUgttst: 3, 1993 ~JlOI"ZCR OJ*.PJtf::~M~SI TO PAY A]FD &~ TO KXTKHD PAYI,[KJlT OF SKWK~~. lPgB, A.WTHOJ~ VO:FGT !B~8' I~11'~i11~'~ APP~ICAT/0N TO TEE 5T&T~ 0~?IC~ OF ~ Page 46 See Pages ,,.?. l~l:~3?,O"fXOll g:~--:~20 APPOI']T~ING ~ ~IATI~RD AND SGT. ROBERT POOLE TO ~ :' ~ I'L~IXl~t PRIVATE INDUSTRY COUNCIL The fo/lowing miscellaneous correspondence was flied and or referred as presented by the Board of County Commissioners: ":i ~ ":': "' Page 4?'.. : 'i :?; ~" ~"'~' ."" See Pages '~"~~ ~~' ~ ~K~IO~ ~R ~ ~ OF B~St PAW ~TION ~ ~',' See Pages~ c, .. '.. ~,." '. ' ' . ~ere;betn~ no further business for the aood of the County, the :meeting ?; BROC 'ER]( BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL BURT L. SAUNDERS, CHAIRMAN ~.n~nutes approved by the Board on ~ presented ~ or as corrected -Page :48